Victorian Current Acts

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DOMESTIC ANIMALS ACT 1994 - SECT 63W

Power of the Secretary to prohibit a person from implanting devices

    (1)     If, after considering any submissions made within the time fixed for making submissions under section 63U(3)(c), the Secretary is satisfied that the person upon whom the notice has been served—

        (a)     has failed to comply with this Act or regulations made under this Act; or

S. 64W(1)(b) amended by No. 65/2007 s. 44(Sch. 1 item 20(a)).

        (b)     has knowingly submitted false information to the holder of an animal registry licence or the Secretary

the Secretary may—

S. 64W(1)(c) amended by No. 65/2007 s. 44(Sch. 1 item 20(b)).

        (c)     prohibit the person from implanting permanent identification devices in animals of prescribed classes of animal; and

        (d)     determine conditions that the person must comply with before the expiry of the prohibition.

    (2)     In making a decision under subsection (1) the Secretary must specify—

        (a)     the time for which the prohibition remains in force; and

        (b)     the conditions (if any) that the person must comply with before the expiry of the prohibition.

    (3)     The Secretary must give notice to the person to whom the prohibition applies of his or her decision under subsection (1) and set out reasons for that decision in the notice.

    (4)     A notice under subsection (3) must be served on the person to whom the prohibition applies within 28 days after the expiry of the date for the making of submissions under section 63U(3)(c).

    (5)     A prohibition under subsection (1) has effect from the date at which notice of the prohibition is served on the person to whom it applies.

S. 63X inserted by No. 103/2003 s. 9.



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