Page 5342 - Week 14 - Wednesday, 29 November 2017

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Note  The registrar must give a reviewable decision notice for s (2) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A).

16H  Relinquishing ownership of dogs

  Section 69 (1)

omit

division

substitute

Act

16I  Returning seized dog to its keeper

  Section 70 (4)

substitute

(4) The registrar may return the dog to its keeper and issue the keeper with a control order for the dog.

16J  Offence—breeding dogs or cats without licence

  Section 72 (1) (b)

omit

for profit or commercial gain

16K  Breeding licence—approval or refusal

  Section 72B (2)

substitute

(2) The registrar—

(a) must refuse to issue the licence if the applicant is disqualified from keeping a dog or any other animal; or

Note  Section 138A deals with the disqualification of a person from keeping an animal.

(b) may refuse to issue the licence if the registrar reasonably believes—

(i) there would be an unacceptable risk to the safety of the public and other animals if the licence were issued; or

(ii) the applicant has failed, or is unable, to exercise responsible dog management, care or control; or

(iii) the applicant cannot comply with the requirements of the Animal Welfare Act 1992 and any approved or mandatory code of practice under that Act.

16L  New section 72B (3) (g) 

insert

(g) the safety of the public and other animals.

16M  Section 72C

substitute

72C  Breeding licence—duration

A breeding licence remains in force for 2 years unless sooner surrendered or cancelled.

16N  Breeding licence—conditions

  New section 72E (1A)

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