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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales Animal Welfare Legislation Amendment Bill 2009 Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Exhibited Animals Protection Act 1986 No 123 3 Schedule 2 Amendment of Prevention of Cruelty to Animals Act 1979 No 200 7 Schedule 3 Amendment of Apiaries Act 1985 No 16 8 b2009-107-36.d06 New South Wales Animal Welfare Legislation Amendment Bill 2009 No , 2009 A Bill for An Act to amend certain Acts with respect to the keeping, protection and welfare of animals. Clause 1 Animal Welfare Legislation Amendment Bill 2009 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Animal Welfare Legislation Amendment Act 2009. 3 2 Commencement 4 This Act commences on the date of assent to this Act. 5 Page 2 Animal Welfare Legislation Amendment Bill 2009 Amendment of Exhibited Animals Protection Act 1986 No 123 Schedule 1 Schedule 1 Amendment of Exhibited Animals 1 Protection Act 1986 No 123 2 [1] Section 27 Applications 3 Insert after section 27 (3): 4 (3A) In considering whether to grant or refuse the application, the 5 Director-General may consider the following: 6 (a) whether the applicant has been convicted or found guilty 7 of an offence under this Act, the Prevention of Cruelty to 8 Animals Act 1979, the Animal Research Act 1985, the 9 National Parks and Wildlife Act 1974, an instrument made 10 under this Act or any of those Acts or any law of another 11 State, a Territory or the Commonwealth relating to the 12 keeping or protection of animals, 13 (b) whether the applicant has previously failed to comply with 14 any term or condition of an authority held by the applicant, 15 (c) whether the applicant has previously held an authority that 16 has been suspended or cancelled by the Director-General, 17 (d) the capacity of the applicant to comply with this Act and 18 any prescribed standards, 19 (e) the capacity of the applicant to care for the animals, 20 (f) whether the applicant has made a statement or furnished 21 information in connection with the application that was, in 22 the opinion of the Director-General, false or misleading in 23 a material particular, 24 (g) whether the applicant is a fit and proper person to hold the 25 authority. 26 (3B) The Director-General must refuse to grant an application for the 27 issue of an authority to a person if: 28 (a) the person is disqualified from holding an authority under 29 this Act, or 30 (b) the person is a corporation and any officer of the 31 corporation is disqualified from holding an authority under 32 this Act. 33 [2] Section 27 (4) 34 Omit "appeal". Insert instead "review". 35 Page 3 Animal Welfare Legislation Amendment Bill 2009 Schedule 1 Amendment of Exhibited Animals Protection Act 1986 No 123 [3] Section 27 (7) 1 Insert after section 27 (6): 2 (7) In this section, an officer of a corporation means a director of the 3 corporation or a person who is otherwise concerned in its 4 management. 5 [4] Section 30A 6 Insert after section 30: 7 30A Disqualification 8 (1) The Director-General may, by order in writing served on a 9 person, declare the person to be disqualified from holding an 10 authority. 11 (2) A declaration may be made in respect of a person only if the 12 person holds an authority that is cancelled by the 13 Director-General on misconduct grounds. 14 (3) A person who is declared to be disqualified from holding an 15 authority is disqualified from holding an authority under this Act 16 during the disqualification period specified in the order. 17 (4) If the person who is the subject of the declaration is a corporation, 18 any person who was an officer of the corporation at the time that 19 the authority was cancelled on misconduct grounds is taken, 20 unless the declaration otherwise provides, to also be disqualified 21 from holding an authority under this Act during the 22 disqualification period specified in the order. 23 (5) An order may specify a separate disqualification period for 24 officers of the corporation or for particular officers of the 25 corporation, or may provide that no disqualification period 26 applies to officers of the corporation or to particular officers of 27 the corporation. 28 (6) It is not necessary for the order to name individual officers of a 29 corporation. 30 (7) A disqualification period specified in an order must not exceed 31 5 years from the date on which the relevant authority is cancelled 32 on misconduct grounds. 33 (8) For the purposes of this section, an authority is cancelled on 34 misconduct grounds if it is cancelled for any reason other than 35 because it was issued in error or because the holder of the 36 authority requested the cancellation. 37 Page 4 Animal Welfare Legislation Amendment Bill 2009 Amendment of Exhibited Animals Protection Act 1986 No 123 Schedule 1 (9) In this section, an officer of a corporation means a director of the 1 corporation or a person who is otherwise concerned in its 2 management. 3 [5] Part 3, Division 5 4 Omit the Division. Insert instead: 5 Division 5 Reviews by Administrative Decisions 6 Tribunal 7 32 Applications for review by Administrative Decisions Tribunal 8 (1) A person may apply to the Administrative Decisions Tribunal for 9 a review of any of the following decisions: 10 (a) a decision to refuse an application by the person for the 11 issue, renewal, variation or transfer of an authority, 12 (b) a decision to suspend or cancel an authority held by the 13 person, 14 (c) a decision to impose a term or condition on an authority 15 held by the person or vary any such term or condition 16 (other than a term or condition prescribed by the 17 regulations), 18 (d) a decision that results in the person being disqualified from 19 holding an authority under this Act. 20 (2) If an application for a review of a decision is made to the Tribunal 21 under this section, the cancellation or expiry of the authority, the 22 imposition or variation of the term or condition or the 23 disqualification of the person (as the case may be) is stayed by 24 lodgment of the application, pending its outcome. This 25 subsection has effect despite the provisions of Division 2 of 26 Part 3 of Chapter 5 of the Administrative Decisions Tribunal Act 27 1997. 28 (3) In this section, authority means a licence, an approval or a 29 permit. 30 [6] Section 55 Savings and transitional provisions 31 Omit the section. 32 Page 5 Animal Welfare Legislation Amendment Bill 2009 Schedule 1 Amendment of Exhibited Animals Protection Act 1986 No 123 [7] Schedule 5 1 Omit the Schedule. Insert instead: 2 Schedule 5 Savings, transitional and other 3 provisions 4 Part 1 Preliminary 5 1 Regulations 6 (1) The regulations may contain provisions of a savings or 7 transitional nature consequent on the enactment of the following 8 Acts: 9 Animal Welfare Legislation Amendment Act 2009 10 (2) Any such provision may, if the regulations so provide, take effect 11 from the date of assent to the Act concerned or a later date. 12 (3) To the extent to which any such provision takes effect from a date 13 that is earlier than the date of its publication on the NSW 14 legislation website, the provision does not operate so as: 15 (a) to affect, in a manner prejudicial to any person (other than 16 the State or an authority of the State), the rights of that 17 person existing before the date of its publication, or 18 (b) to impose liabilities on any person (other than the State or 19 an authority of the State) in respect of anything done or 20 omitted to be done before the date of its publication. 21 Part 2 Provision consequent on enactment of 22 Animal Welfare Legislation Amendment 23 Act 2009 24 2 Appeals and reviews 25 Division 5 of Part 3, as substituted by the Animal Welfare 26 Legislation Amendment Act 2009, applies to decisions made on 27 or after the substitution of that Division. Division 5 of Part 3, as 28 in force immediately before that substitution, continues to apply 29 to decisions made before that substitution. 30 Page 6 Animal Welfare Legislation Amendment Bill 2009 Amendment of Prevention of Cruelty to Animals Act 1979 No 200 Schedule 2 Schedule 2 Amendment of Prevention of Cruelty to 1 Animals Act 1979 No 200 2 Section 31AA 3 Insert after section 31: 4 31AA Recognition of interstate orders 5 (1) The Minister may, by order in writing, recognise any interstate 6 prohibition order made against a person, for the purposes of its 7 enforcement in New South Wales. 8 (2) An interstate prohibition order is an order made by a court under 9 the law of another State or a Territory, or a part of such an order, 10 that has the effect of prohibiting a person from purchasing or 11 acquiring, or taking possession or custody of, any animal. 12 (3) If an interstate prohibition order is recognised by the Minister 13 under this section, the NSW offence provision applies in respect 14 of the interstate prohibition order as if a reference in that 15 provision to an order included a reference to an interstate 16 prohibition order recognised under this section (as in force from 17 time to time). 18 (4) The NSW offence provision applies only to those provisions of 19 the recognised interstate prohibition order that can be included in 20 an order of a kind made under section 31 (1). 21 (5) A person who is served with notice that the Minister has 22 recognised an interstate prohibition order made against the 23 person is taken, for the purposes of the NSW offence provision, 24 to have been served with the order as made under section 31 (1). 25 (6) In this section, the NSW offence provision means section 31 (3). 26 Page 7 Animal Welfare Legislation Amendment Bill 2009 Schedule 3 Amendment of Apiaries Act 1985 No 16 Schedule 3 Amendment of Apiaries Act 1985 No 16 1 [1] Section 6 Unregistered persons not to keep bees 2 Insert after section 6 (5): 3 (6) The regulations may, unconditionally or subject to conditions, 4 exempt any person or class of persons from the requirement 5 under this section to be registered as a beekeeper. 6 [2] Section 17 Abandoned or neglected bees or associated things 7 Insert after section 17 (2): 8 (3) A person who is exempted from the requirement to be registered 9 as a beekeeper by the regulations is taken to be a registered 10 beekeeper for the purposes of this section. 11 Page 8
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