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DOMESTIC ANIMALS ACT 1994 - SECT 58AF

Conditions of commercial dog breeder approval

S. 58AF(1) substituted by No. 3/2022 s. 21.

    (1)     It is a condition of a commercial dog breeder approval that a Departmental authorised officer may, under Part 7, enter and search the premises on which the breeding domestic animal business is being conducted for the purpose of monitoring compliance with a relevant provision (within the meaning of section 74AB)

        (a)     when the approval is being renewed; or

        (b)     when the premises is being transferred; or

        (c)     at any other time.

Note

There are entry and search powers under Part 7, specifically under sections 74(2) and 74AC, which can be used at any time to monitor the compliance of breeding domestic animal businesses with a relevant provision or other provisions of this Act and the regulations. Either of these entry and search powers could be utilised by a Departmental authorised officer for the purposes of section 58AF(1).

S. 58AF(2) substituted by No. 3/2022 s. 21.

    (2)     It is a condition of a commercial dog breeder approval that the holder of the approval must not keep more than the maximum number of relevant fertile female dogs specified by the Minister in the approval, which must not be more than 50 relevant fertile female dogs.

    (3)     It is a condition of a commercial dog breeder approval that the approved commercial dog breeder submit a report to the Minister containing the prescribed information at the time required by the Minister.

    (4)     It is a condition of a commercial dog breeder approval that the approved commercial dog breeder maintains public liability insurance for the breeding domestic animal business as prescribed.

    (5)     It is a condition of a commercial dog breeder approval that the manager of the breeding domestic animal business and any employees of the business have the prescribed qualifications or training.

    (6)     A commercial dog breeder approval is subject to any other conditions—

        (a)     that are imposed on the approval by the Minister; or

        (b)     that are prescribed, including conditions for or with respect to—

              (i)     the keeping of dogs and related matters; and

              (ii)     the premises on which dogs are kept and related matters; and

              (iii)     the staffing of premises and related matters.

    (7)     An approved commercial dog breeder must comply with any condition of the approval under this section.

Penalty:     In the case of a natural person, 246 penalty units;

    In the case of a body corporate, 600 penalty units.

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



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