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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Prevention of Cruelty to Animals (Animal Welfare)
Amendment Bill 2007
A BILL FOR
An Act to amend the Prevention of Cruelty to Animals
Act 1985.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Prevention of Cruelty to
Animals Act 1985
4 Amendment of long title
5 Amendment of
section 1—Short title
6 Amendment of section
3—Interpretation
7 Amendment of section 6—Establishment of Animal
Welfare Advisory Committee
8 Substitution of Part 3
Part 3—Animal welfare offences
13 Ill treatment of
animals
14 Organised animal
fights
15 Electrical devices not to be used in
contravention of regulations
9 Amendment of section 23—Animal
ethics committees
10 Substitution of heading to Part 5
Division 1—Appointment and identification of
inspectors
11 Substitution of sections 28 to
31
28 Appointment of
inspectors
29 Identification of
inspectors
Division 2—Powers of inspectors
30 General
powers
31 Routine
inspections
31A Special powers relating to
animals
31B Animal welfare notices
Division 3—Miscellaneous
31C Dealing with seized
animals and objects
31D Warrant
procedures
31E Offence to hinder etc
inspectors
12 Amendment, redesignation and relocation of section
33—Duty of person in charge of vehicle in case of accidents involving
animals
13 Insertion of section
33
33 Delegation
14 Amendment of section
34—Permit to hold rodeos
15 Insertion of sections 34A and
34B
34A False or misleading
statements
34B Power of veterinary surgeons to destroy
animals
16 Amendment, redesignation and relocation of section
36—Court orders on finding of guilt etc
17 Substitution of section
40
40 Vicarious liability of employers in certain
circumstances
18 Substitution of section
42
42 Evidence
19 Amendment of section
44—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Prevention of Cruelty to Animals (Animal
Welfare) Amendment Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Prevention of Cruelty to Animals
Act 1985
Long title—delete "to discourage cruelty to animals" and
substitute:
for the promotion of animal welfare
5—Amendment of
section 1—Short title
Section 1—delete "Prevention of Cruelty to Animals Act 1985"
and substitute:
6—Amendment of
section 3—Interpretation
(1) Section 3—after the definition of animal
insert:
animal welfare notice means a notice given by an inspector
under section 31B;
animal welfare order means an order of a court under
section 32A;
(2) Section 3, definition of the Code—delete "1997,
6th" and substitute:
2004, 7th
(3) Section 3—after the definition of the Committee
insert:
electrical device means any of the following devices designed
for the purpose of confining or controlling an animal:
(a) an electrical prod or goad;
(b) an electric fence;
(c) a collar designed to impart an electric shock;
(d) an electroimmobiliser;
(e) any other electrical device prescribed by the regulations;
electroimmobiliser means an electrical device designed to
temporarily immobilise an animal;
harm means any form of damage, pain, suffering or distress
(including unconsciousness), whether arising from injury, disease or any other
condition;
(4) Section 3, definition of inspector, (a)—delete
paragraph (a) and substitute:
(a) a police officer; or
(5) Section 3—after the definition of inspector
insert:
organised animal fight means an event in which an animal is
encouraged to fight with another animal;
(6) Section 3, definition of pain—delete the
definition
(7) Section 3—after the definition of premises
insert:
rodeo means a competition involving cattle or horses (or
both) and featuring 1 or more rodeo events, but does not include a competition
declared by the regulations not to be a rodeo;
rodeo event means any of the following events:
(a) saddle bronc riding;
(b) bareback bronc riding;
(c) bull riding;
(d) steer riding;
(e) roping or tying;
(f) team roping;
(g) steer wrestling;
(h) a prescribed event,
serious harm means—
(a) harm that endangers an animal's life; or
(b) harm that consists of, or results in, severe, protracted, abnormal
physiological or behavioural reactions;
(8) Section 3, definition of the Society—delete "S.A.
" and substitute:
South Australia
(9) Section 3, definition of vehicle—delete the
definition and substitute:
vehicle includes an aircraft, a vessel, a caravan, a trailer
and anything attached to a vehicle;
(10) Section 3, definition of veterinary
surgeon—delete "Veterinary Surgeons Act 1985" and
substitute:
7—Amendment of
section 6—Establishment of Animal Welfare Advisory
Committee
(1) Section 6(2)(a)—delete "for Primary Industries, Natural
Resources and Regional Development" and substitute:
responsible for the administration of the Livestock
Act 1997
(2) Section 6(2)(f)—delete "for Human Services" and
substitute:
responsible for the administration of the Institute of Medical and
Veterinary Science Act 1982
Part 3—delete the Part and substitute:
Part 3—Animal welfare offences
13—Ill treatment of animals
(1) If—
(a) a person ill treats an animal; and
(b) the ill treatment causes the death of, or serious harm to, the animal;
and
(c) the person intends to cause, or is reckless about causing, the death
of, or serious harm to, the animal,
the person is guilty of an offence.
Maximum penalty: $50 000 or imprisonment for 4 years.
(2) A person who ill treats an animal is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(3) Without limiting the generality of subsection (1) or (2), a
person ill treats an animal if the person—
(a) causes the animal unnecessary harm; or
(b) being the owner of the animal—
(i) fails to provide it with appropriate, and adequate, food, water,
living conditions (whether temporary or permanent) or exercise; or
(ii) fails to take reasonable steps to mitigate harm suffered by the
animal; or
(iii) abandons the animal; or
(iv) neglects the animal so as to cause it harm; or
(c) having caused the animal harm (not being an animal of which that
person is the owner), fails to take reasonable steps to mitigate the harm;
or
(d) uses the animal in an organised animal fight; or
(e) releases the animal from captivity for the purpose of it then being
hunted or killed; or
(f) causes the animal to be killed or injured by another animal;
or
(g) kills the animal in a manner that causes the animal unnecessary pain;
or
(h) unless the animal is unconscious, kills the animal by a method that
does not cause death to occur as rapidly as possible; or
(i) carries out a medical or surgical procedure on the animal in
contravention of the regulations; or
(j) ill treats the animal in any other manner prescribed by the
regulations for the purposes of this section.
(4) A person charged with an offence against subsection (1) (the
aggravated offence) may be convicted of an offence against
subsection (2) (the lesser offence) if the court is not
satisfied that the aggravated offence has been established beyond reasonable
doubt but is satisfied that the lesser offence has been so
established.
(5) In this section—
cause—a person's act or omission causes the death of,
or harm to, an animal if the act or omission substantially contributes to the
death or harm.
14—Organised animal fights
(1) A person must not organise or promote, or participate in organising or
promoting, an organised animal fight.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2) A person must not keep an animal wholly or partly for the purpose of
the animal being used (whether by that person or another person) in an organised
animal fight.
Maximum penalty: $20 000 or imprisonment for 2 years.
(3) A person must not, without the approval of the Minister, have in his
or her possession or control—
(a) a cock-fighting spur; or
(b) an implement, article or other thing made or adapted for attachment to
an animal—
(i) for the purpose of training the animal to fight another animal;
or
(ii) for the purpose of inciting or assisting the animal to fight another
animal or to inflict injury on another animal during a fight; or
(iii) for the purpose of protecting the animal in a fight with another
animal; or
(c) a drug (not being a drug supplied on the prescription of, and given to
an animal in accordance with the directions of, a veterinary surgeon) to be
administered to an animal for the purpose of inciting or assisting the animal to
fight another animal or to inflict injury on another animal during a
fight.
Maximum penalty: $20 000 or imprisonment for 2 years.
(4) A person must not knowingly allow premises owned or occupied by, or a
vehicle owned by or under the control of, the person to be used for the purposes
of—
(a) an organised animal fight; or
(b) housing or transporting an animal that is to be used in an organised
animal fight.
Maximum penalty: $20 000 or imprisonment for 2 years.
(5) A person must not, without lawful excuse (the proof of which lies on
the defendant)—
(a) be present at an organised animal fight; or
(b) be in a place at which an organised animal fight is taking
place.
Maximum penalty: $10 000 or imprisonment for 1 year.
15—Electrical devices not to be used in
contravention of regulations
A person must not, for the purpose of confining or controlling an animal,
use an electrical device in contravention of the regulations.
Maximum penalty: $10 000 or imprisonment for 1 year.
9—Amendment of
section 23—Animal ethics committees
Section 23(3)—after paragraph (d) insert:
and
(e) at least 1 will be a person who is independent of the licensee and has
never been involved in teaching or research activities involving
animals.
10—Substitution of
heading to Part 5
Heading to Part 5—delete the heading and substitute:
Part 5—Enforcement
Division 1—Appointment and identification of
inspectors
11—Substitution of
sections 28 to 31
Sections 28 to 31 (inclusive)—delete the sections and
substitute:
28—Appointment of inspectors
(1) The Minister may, by instrument in writing, appoint a person to be an
inspector for the purposes of this Act.
(2) An appointment may be made subject to conditions specified in the
instrument of appointment.
(3) The Minister may, at any time, revoke an appointment or vary, revoke
or add a condition of an appointment.
29—Identification of
inspectors
(1) An inspector appointed under this Part must be issued with an identity
card—
(a) containing the person's name and a photograph of the person;
and
(b) stating that the person is an inspector for the purposes of this
Act.
(2) If the powers of an inspector have been limited by conditions, the
identity card issued to the inspector must contain a statement of the conditions
imposed on the inspector's powers.
(3) An inspector appointed under this Part must, at the request of a
person in relation to whom the inspector intends to exercise powers under this
or any other Act, produce for the inspection of the person his or her identity
card.
(4) If an inspector who is a police officer is not in uniform, the officer
must, at the request of a person in relation to whom the officer intends to
exercise powers under this Act, produce for the inspection of the person his or
her warrant card.
(5) If a person in possession of an identity card issued to the person
under this section ceases to be an inspector, the person must immediately return
the identity card to the Minister.
Maximum penalty: $2 500.
Division 2—Powers of
inspectors
30—General powers
(1) An inspector may—
(a) enter and search and, if necessary, use reasonable force to break into
or open—
(i) premises or a vehicle to which this section applies; or
(ii) part of, or anything in or on, premises or a vehicle to which this
section applies; and
(b) give directions with respect to the stopping or movement of a vehicle
to which this section applies; and
(c) require a person to produce a document, including a written record
that reproduces in an understandable form information stored by computer,
microfilm or other process; and
(d) examine, copy or take extracts from a document or information so
produced or require a person to provide a copy of any such document or
information; and
(e) take photographs, films or audio, video or other recordings;
and
(f) seize and retain any animal or other thing that the inspector
reasonably suspects has been used in, or may constitute evidence of, a
contravention of this Act; and
(g) identify, by marking, tagging or otherwise, an animal or other
property in respect of which powers have been exercised under this Act;
and
(h) require a person who the inspector reasonably suspects has committed,
is committing, or is about to commit, a contravention of this Act to state the
person's full name and usual place of residence and to produce evidence of the
person's identity; and
(i) require a person who the inspector reasonably suspects has knowledge
of matters in respect of which information is required for the administration or
enforcement of this Act to answer questions in relation to those matters;
and
(j) require a person holding or required to hold a licence, permit or
approval under this Act to produce it for inspection; and
(k) give a direction required in connection with the exercise of a power
conferred by this Act or otherwise in connection with the administration or
enforcement of this Act.
(2) An inspector—
(a) may only exercise the powers conferred by subsection (1) as
reasonably required for the administration and enforcement of this Act;
and
(b) may only exercise the power to use force under subsection (1)(a)
on the authority of a warrant issued by a magistrate or in circumstances in
which the inspector reasonably believes that urgent action is required in order
to prevent or mitigate serious harm occurring to an animal.
(3) An inspector may be assisted in the exercise of powers under this Act
by such persons as the inspector considers necessary in the
circumstances.
(4) An inspector may require an occupier of premises or a person
apparently in charge of a vehicle, animal or other thing to give to the
inspector or a person assisting the inspector such assistance as is reasonably
required by the inspector for the effective exercise of powers under this
Act.
(5) This section applies to the following premises and vehicles:
(a) premises or a vehicle in or on which an inspector reasonably suspects
that an offence against this Act has been, is being or is about to be,
committed;
(b) premises or a vehicle in or on which an inspector reasonably suspects
there is an animal that is being, or has been, harmed unnecessarily or that
will, if urgent action is not taken, be harmed unnecessarily;
(c) premises or a vehicle subject to, or being used for the purposes of an
activity that is the subject of, a licence, permit or approval under this
Act;
(d) premises or a vehicle in or on which an inspector reasonably suspects
there is an animal in respect of which an animal welfare notice or animal
welfare order is in force;
(e) premises or a vehicle that an inspector reasonably suspects is being
used for or in connection with a business, or organised event or activity,
involving animals;
(f) premises or a vehicle in which an inspector reasonably suspects there
may be records relating to a business or organised event or activity involving
animals or an animal or other thing that has been used in, or may constitute
evidence of, a contravention of this Act.
31—Routine inspections
(1) If, for the purposes of administering this Act, an inspector proposes
to exercise powers under this Act to conduct an inspection of premises or a
vehicle in circumstances where there is no suspicion of an offence, the
inspector must—
(a) give the occupier of the premises or the owner of the vehicle
reasonable notice of the proposed inspection; and
(b) give the following persons (as required) a reasonable opportunity to
accompany the inspector throughout the inspection:
(i) the occupier of the premises or the owner of the vehicle;
(ii) a nominee of the occupier of the premises or the owner of the
vehicle;
(iii) the occupier of the premises or the owner of the vehicle and a
nominee of the occupier or owner; and
(c) take reasonable steps to minimise any adverse effect of the inspection
on the business or activities of the occupier of the premises or the owner of
the vehicle.
(2) Non-compliance with this section does not affect the validity of the
exercise of powers by the inspector under this Act.
31A—Special powers relating to
animals
(1) An inspector may examine an animal and its living conditions and, if
the inspector suspects on reasonable grounds that the animal is suffering or
will if urgent action is not taken suffer unnecessary harm, do 1 or more of the
following:
(a) provide treatment and care for the animal;
(b) cause the living conditions of the animal to be modified;
(c) seize and retain the animal for treatment and care.
(2) The costs and expenses reasonably incurred by a person or the Crown in
seizing, treating or caring for an animal, or in causing the living conditions
of an animal to be modified, under this section may be recovered as a debt from
the owner of the animal.
(3) Subject to this section, an inspector may destroy an animal if of the
opinion that the condition of the animal is such that the animal is so weak or
disabled (whether physically or mentally), or in such pain, that it should be
destroyed.
(4) An inspector must not exercise a power under subsection (3)
unless—
(a) the owner of the animal consents; or
(b) the owner of the animal has refused or failed to give consent and a
magistrate has, on application by an inspector, issued a warrant authorising the
destruction of the animal; or
(c) the inspector has been unable to determine who owns the animal, or has
been unable to contact the owner, after taking reasonable steps to do so;
or
(d) the inspector is satisfied that the animal is wild.
(5) An inspector who destroys an animal under this section does not incur
any civil liability for the destruction.
31B—Animal welfare notices
(1) If an inspector is satisfied on reasonable grounds that a person is
contravening this Act in a manner that adversely affects the welfare of an
animal, the inspector may give the person a notice in writing specifying the
action that the inspector considers should be taken for the welfare of the
animal in order to avoid further contravention.
(2) Failure to comply with an animal welfare notice is not of itself an
offence but the notice (and any evidence of the taking or failure to take the
action specified in the notice) is admissible in any proceedings against the
person for an offence against this Act relating to—
(a) the alleged contravention in respect of which the notice was given;
or
(b) an alleged contravention of a similar kind occurring after the notice
was given.
Division 3—Miscellaneous
31C—Dealing with seized animals and
objects
(1) The Minister may sell, destroy or otherwise dispose of an animal or
object that has been seized under this Act but is no longer required to be
retained if—
(a) the whereabouts of the owner of the animal or object cannot, after
reasonable inquiries, be ascertained; or
(b) the whereabouts of the owner are known but the owner has failed,
within 3 clear working days of being given written notice that the animal
or object may be collected from a specified place, to collect the animal or
object.
(2) If, on application by an inspector, a magistrate is satisfied
that—
(a) an animal has been seized and retained under this Act; and
(b) legal proceedings under this Act relating to the animal are pending;
and
(c) in the circumstances, it is impractical or unreasonable for the animal
to continue to be retained until the proceedings have been concluded or
otherwise terminated,
the magistrate may make an order authorising that the animal be sold,
destroyed or otherwise disposed of as the Minister thinks fit.
(3) If an animal is disposed of by sale under subsection (2), the
proceeds of the sale are to be held by the Minister until the conclusion or
termination of the proceedings when they are to be disbursed in accordance with
a further order of the court.
(4) In this section—
working day means any day except a Saturday, Sunday or public
holiday.
31D—Warrant procedures
(1) A magistrate must not issue a warrant for the purposes of this Part
unless satisfied that the warrant is reasonably required in the
circumstances.
(2) An application for a warrant may be made personally or, if, in the
opinion of the applicant, the warrant is urgently required and there is not
enough time to lodge a written application and appear before a magistrate, by
fax or telephone.
(3) The grounds of an application for a warrant must be verified by
affidavit.
(4) If an application for the issue of a warrant is made by fax
transmission, the following provisions apply:
(a) the application must be in a form approved by the Chief
Magistrate;
(b) the application must be accompanied (through fax transmission) by an
affidavit made by the applicant verifying the facts referred to in the
application;
(c) the applicant must be available to speak to the magistrate by
telephone;
(d) the magistrate is entitled to assume, without further inquiry, that a
person who identifies himself or herself as the applicant acting in the capacity
of an inspector during a telephone conversation with the magistrate is indeed
the applicant acting in that capacity;
(e) the magistrate may, on being satisfied as to the circumstances of
urgency and the grounds for the issue of a warrant, make out and sign a
warrant;
(f) the warrant is to be taken to have been issued, and comes into force,
when signed by the magistrate;
(g) the magistrate must forward the warrant to the applicant by fax
transmission.
(5) If an application for a warrant is made by telephone, the following
provisions apply:
(a) the applicant must inform the magistrate of the applicant's name and
identify himself or herself as an inspector and the magistrate, on receiving
that information, is entitled to assume its accuracy without further
inquiry;
(b) the applicant must inform the magistrate of the purpose for which the
warrant is required, the grounds on which it is sought and the circumstances
giving rise to the urgency of the application;
(c) the magistrate may, on being satisfied as to the circumstances of
urgency and the grounds for the issue of the warrant, inform the applicant of
the facts on which the magistrate relies as grounds for the issue of the
warrant, and must not proceed to issue the warrant unless the applicant
undertakes to make an affidavit verifying those facts;
(d) if the applicant gives such an undertaking, the magistrate may then
make out and sign a warrant;
(e) the warrant is to be taken to have been issued, and comes into force,
when signed by the magistrate;
(f) the magistrate must inform the applicant of the terms of the
warrant;
(g) the applicant must fill out and sign a warrant form (the
duplicate warrant) that—
(i) sets out the name of the magistrate who issued the original and the
terms of the warrant; and
(ii) complies with any other prescribed requirements;
(h) the applicant must, as soon as practicable after the issue of the
warrant, forward to the magistrate an affidavit verifying the facts referred to
in paragraph (c) and a copy of the duplicate warrant.
(6) A warrant, if not executed at the expiration of 1 month from the
date of its issue, then expires.
31E—Offence to hinder etc
inspectors
A person who—
(a) hinders or obstructs an inspector, or a person assisting an inspector,
in the exercise of powers under this Act; or
(b) refuses or fails to comply with a requirement or direction of an
inspector under this Act; or
(c) when required by an inspector under this Act to answer a question,
refuses or fails to answer the question to the best of the person's knowledge,
information and belief; or
(d) falsely represents, by words or conduct, that he or she is an
inspector,
is guilty of an offence.
Maximum penalty: $5 000.
12—Amendment,
redesignation and relocation of section 33—Duty of person in charge of
vehicle in case of accidents involving animals
(1) Section 33, penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $5 000.
(2) Section 33—redesignate the section as amended by this section as
section 15A and relocate the section so that it follows section 15 in
Part 3 (Animal welfare offences)
Following the redesignation and relocation of section 33 (see
section 12) insert after the heading to Part 6
(Miscellaneous):
33—Delegation
(1) The Minister may delegate to a body or person (including a person for
the time being holding or acting in a specified office or position) a function
or power of the Minister under this Act (except a prescribed function or
power).
(2) A delegation under this section—
(a) must be by instrument in writing; and
(b) may be absolute or conditional; and
(c) does not derogate from the power of the delegator to act in any
matter; and
(d) is revocable at will.
14—Amendment of
section 34—Permit to hold rodeos
(1) Section 34(1) penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $5 000.
(2) Section 34(4), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $5 000.
15—Insertion of
sections 34A and 34B
After section 34 insert:
34A—False or misleading
statements
A person must not make a statement that is false or misleading in a
material particular (whether by reason of the inclusion or omission of a
particular) in an application made, or information provided, under this
Act.
Maximum penalty:
(a) if the person made the statement knowing that it was false or
misleading—$10 000 or imprisonment for 2 years;
(b) in any other case—$5 000.
34B—Power of veterinary surgeons to destroy
animals
A veterinary surgeon may destroy an animal if of the opinion that the
condition of the animal is such that the animal is so weak or disabled (whether
physically or mentally), or in such pain or distress, that it should be
destroyed.
16—Amendment,
redesignation and relocation of section 36—Court orders on finding of
guilt etc
(1) Section 36(1)—delete "Where the owner of an animal is convicted
of an offence against this Act in respect of the animal, the court make all or
any of the following orders:" and substitute:
A court may, on finding a person guilty of an offence against this Act or
on declaring a person charged with an offence against this Act liable to
supervision under Part 8A of the Criminal Law Consolidation
Act 1935, make 1 or more of the following orders:
(2) Section 36(1)—before paragraph (a) insert:
(aa) an order requiring the person to care for an animal that is owned by
the person and is the subject of the offence in accordance with the conditions
of the order (which may include a condition that the care of the animal be
supervised or monitored by an inspector), either until further order, or for the
period specified in the order;
(3) Section 36(1)(a)—delete "the animal" and substitute:
an animal that is owned by the person and is the subject of the
offence
(4) Section 36(1)(c)—delete "Society" and substitute:
Crown
(5) Section 36(1)—after paragraph (d) insert:
(e) an order forfeiting to the Crown an object that is the property of the
person and is the subject of the offence or used by the person in the commission
of the offence.
(6) Section 36(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $5 000.
(7) Section 36—after subsection (2) insert:
(3) The Minister may sell, destroy or otherwise dispose of an animal or
object that has been forfeited to the Crown.
(8) Section 36—redesignate the section as amended by this section as
section 32A and relocate the section so that it follows section 32 in
Part 5 (Enforcement)
Section 40—delete the section and substitute:
40—Vicarious liability of employers in certain
circumstances
If a person commits an offence against this Act in the course of employment
by another, the employer is guilty of an offence and liable to the same penalty
as is prescribed for the principal offence unless it is proved that the employer
could not by the exercise of reasonable diligence have prevented the commission
of that offence.
Section 42—delete the section and substitute:
42—Evidence
(1) In proceedings, a certificate apparently executed by the Minister
certifying as to a matter relating to—
(a) a licence, permit, approval, certificate or other authorisation under
this Act; or
(b) the appointment of an inspector; or
(c) a delegation; or
(d) an application; or
(e) the receipt or non-receipt of information,
under this Act constitutes proof, in the absence of proof to the contrary,
of the matters so certified.
(2) An allegation in a complaint or an information that—
(a) an animal was an animal of a specified species; or
(b) a person was the owner of a specified animal,
will be accepted as proved in the absence of proof to the
contrary.
19—Amendment of
section 44—Regulations
(1) Section 44(2)(c)—delete paragraph (c) and substitute:
(c) require a person to hold a certificate or other authorisation for
specified purposes and provide for the issuing and cancellation of certificates
and authorisations by the Minister, a specified body or a person or body
approved by the Minister;
(2) Section 44(2)(h)—delete paragraph (h) and substitute:
(h) impose fines, not exceeding $5 000, for offences against the
regulations;
(i) fix expiation fees, not exceeding $315, for alleged offences against
the regulations.
(3) Section 44—after subsection (4) insert:
(5) The regulations may leave a matter or thing to be determined,
dispensed with, regulated or prohibited according to the discretion of the
Minister, either generally or in a particular case or class of cases.