Victorian Numbered Acts

DOMESTIC ANIMALS AMENDMENT (PUPPY FARM ENFORCEMENT AND OTHER MATTERS) ACT 2011 (NO. 75 OF 2011) - SECT 11

After section 82 of the Domestic Animals Act 1994 insert —

        " 82A     Seizure of dog or cat from unregistered breeding domestic animal businesses

    (1)     In this section, "authorised officer" means an authorised officer appointed under section 71A, 72 or 72A.

    (2)     Subject to subsection (3), an authorised officer may enter any premises on which a breeding domestic animal business is being conducted and seize a dog or cat if—

        (a)     the premises are not registered under section 47 and a notice to comply has been issued requiring that an application for registration of the premises be made and the authorised officer reasonably believes that the notice has not been complied with within the time specified in the notice; or

        (b)     the registration of the premises has been revoked under section 54 or 57A; or

        (c)     the authorised officer reasonably believes that a person who conducts the breeding domestic animal business at the premises is in breach of an order under section 84WA.

    (3)     An authorised officer of a Council must not enter premises under subsection (2) unless the premises are located within the municipal boundaries of the Council that appointed the authorised officer.

    (4)     Any dog or cat seized under this section is forfeited—

        (a)         in the case of a dog or cat seized by an authorised officer appointed under section 71A or 72A, to the person or body on whose behalf the officer is seizing the dog or cat;

        (b)     in the case of a dog or cat seized by an authorised officer appointed under section 72, to the Council that appointed the officer.".