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DOMESTIC ANIMALS ACT 1994 - SECT 58AB

Considerations in deciding to grant or renew approval

    (1)     The Minister must not grant or renew an approval of the proprietor of a breeding domestic animal business to conduct that business as a commercial dog breeder under section 58AA unless—

        (a)     the chief veterinary officer has recommended, under section 58AE, that the Minister do so; and

        (b)     the Minister is satisfied that the approval should be granted or renewed after considering—

              (i)     the chief veterinary officer's recommendation under section 58AE and the reasons for making it; and

              (ii)     any information contained in or accompanying the application under section 58AC.

    (2)     The Minister may refuse to grant or renew the approval of the proprietor of a breeding domestic animal business as a commercial dog breeder if—

        (a)     the proprietor has been found guilty of—

              (i)     an offence under this Act or regulations made under this Act; or

              (ii)     an offence against the Prevention of Cruelty to Animals Act 1986 or regulations made under that Act; or

              (iii)     an offence against a law of another State or a Territory of the Commonwealth that corresponds with a law referred to in subparagraph (i) or (ii); or

        (b)     the Minister reasonably believes that the proprietor has failed to comply with this Act or any regulations made under this Act; or

        (c)     the Minister reasonably believes that—

              (i)     in the case of a grant of an approval, the applicant will not be able to comply with a condition on the approval under section 58AF; or

              (ii)     in the case of a renewal of an approval, the applicant has not complied with a condition on the approval under section 58AF.

S. 58AC inserted by No. 69/2017 s. 32.



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