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DOMESTIC ANIMALS ACT 1994 - SECT 63A

Non-compliance with business code of practice an offence

S. 63A(1) amended by Nos 75/2011 s. 8, 17/2016 s. 17(Sch. 1 item 13(b)).

    (1)     A person or body must not conduct a domestic animal business that does not comply with the relevant business code of practice.

Penalty:     In the case of a body corporate, 600 penalty units;

In any other case, 246 penalty units.

    (2)     A Council is deemed to have contravened subsection (1), and is separately liable for the penalty that applies to such a contravention, if—

S. 63A(2)(a) amended by No. 65/2007 s. 21.

        (a)     a person or body conducts all or part of a domestic animal business on behalf of the Council under an agreement under section 84Y; and

        (b)     the person or body has contravened subsection (1) in the conduct of that business; and

        (c)     the Council, or any member of its staff who was responsible at the relevant time for overseeing the agreement or the conduct of the business, was aware, or ought to have been aware, that the contravention—

              (i)     was about to occur; or

              (ii)     in the case of an ongoing contravention, was occurring.

    (3)     If a body, being a partnership or an unincorporated body, contravenes subsection (1), each reference to the body in this section is to be construed as a reference to each member of the partnership, or of the committee of management of the unincorporated body (as the case may be).

Pt 4 Div. 5 (Heading and s. 63AB) inserted by No. 71/2014 s. 15.

Division 5—Offences

S. 63AB inserted by No. 71/2014 s. 15.



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