Cat Management Regulations 2012

Cat Management Regulations 2012

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Cat Management Act 2009 .

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Cat Management Regulations 2012 .

2.   Commencement

These regulations take effect on the day on which section 3 of the Cat Management Act 2009 commences.

3.   Interpretation

In these regulations –

Act means Cat Management Act 2009 ;

AVA means The Australian Veterinary Association Ltd. (ABN 63 008 522 852), also known as the Australian Veterinary Association;

microchip database means the approved database where the prescribed details are entered in accordance with section 12(3) of the Act.

PART 2 - Cat Management Facilities

4.   Prescribed cat management facilities

For paragraph (d) of the definition of cat management facility in section 4 of the Act, a facility operated by a person or organisation approved under regulation 5 is a cat management facility.

5.   Approval to operate cat management facilities

(1)  A person or organisation may apply to the Secretary for approval to operate a facility as a cat management facility.

(2)  An application under this regulation is to –

(a) be in an approved form; and

(b) specify –

(i) the facility that is intended to be operated as a cat management facility; and

(ii) the size of the facility with reference to the building size and land size; and

(iii) the intended maximum number of cats to be housed at the facility; and

(c) provide full details in respect of –

(i) any offence the applicant has been convicted of that involves or relates to an animal; and

(ii) all current approvals for the facility if such approval is required under any Act for the facility to operate.

(3)  Before approving or refusing to approve an application under this regulation, the Secretary may –

(a) request further information from an applicant; and

(b) take the further information into account when considering the application.

(4)  The Secretary may –

(a) approve the person or organisation to operate a cat management facility, subject to any conditions the Secretary thinks fit, if the Secretary is satisfied –

(i) that the person, or organisation, is fit and proper to operate such a facility; and

(ii) that it is appropriate to approve the person or organisation; or

(b) refuse to approve the person or organisation.

(5)  If the Secretary approves a person or organisation under subregulation (4)(a) , the Secretary –

(a) is to inform the person, or organisation, in writing of –

(i) the approval and of any conditions attached to the approval by the Secretary; and

(ii) the specific facility which may be operated under the approval; and

(b) is to cause the name of the person, or organisation, to be published in the Gazette as a person or organisation approved to operate a facility as a cat management facility; and

(c) may issue a certificate to reflect the approval of the person or organisation.

(6)  If the Secretary refuses an application under subregulation (4)(b) , the Secretary is to provide written reasons for the refusal to the applicant.

6.   Immediate suspension of approval to operate cat management facility

(1)  The Secretary may suspend the operation of a cat management facility without complying with regulation 7 if the operator of the facility has been charged with an offence under the Animal Welfare Act 1993 , or any other Act, that the Secretary believes is so serious due to the circumstances of the offence that the operation of the cat management facility should be immediately suspended.

(2)  The Secretary is to give the operator of the cat management facility written notice of the following relating to a suspension under subregulation (1) :

(a) the reason for the suspension;

(b) that the suspension takes effect on the receipt of the written notice by the operator or an employee of the operator;

(c) the arrangements that are to be undertaken in respect of the cat management facility affected by the suspension.

(3)  A person who receives written notice under subregulation (2) must comply with the notice.

Penalty:  Fine not exceeding 5 penalty units.

(4)  The cancellation of an approval to operate a cat management facility, that has been suspended under this regulation, is to be in accordance with regulation 7 .

7.   Suspension or cancellation of approval to operate cat management facilities in other cases

(1)  The Secretary may suspend the operation of a cat management facility if the Secretary is satisfied that –

(a) the operator of, or an employee at, the cat management facility has contravened the Act or a condition attached under regulation 5(5)(a) to the approval of the person or organisation to operate the cat management facility; or

(b) an employee at the cat management facility has been found guilty within the last 5 years of an offence in relation to an animal; or

(c) the facility used for the cat management facility is creating a nuisance; or

(d) it is in the public interest that the operation of the cat management facility be suspended.

(2)  The Secretary may cancel an approval under regulation 5(4)(a) if the Secretary is satisfied of any one or more of the matters specified in subregulation (1) .

(3)  Before suspending the operation of a cat management facility, or cancelling an approval under regulation 5(4)(a) , the Secretary is to give the person or organisation operating the cat management facility written notice that states –

(a) that the Secretary is considering suspending the operation of the cat management facility or cancelling the approval; and

(b) the reasons why suspension or cancellation is being considered; and

(c) if the suspension or cancellation can be prevented –

(i) the steps that may be taken to prevent the suspension or cancellation if those steps are taken to the satisfaction of the Secretary; and

(ii) the time frame the person or organisation has to complete the steps to the satisfaction of the Secretary; and

(d) if the suspension or cancellation is unlikely to be prevented, that there are no clear steps that can be taken to prevent the suspension or cancellation; and

(e) that written submissions may be made to the Secretary, within the period specified in the notice, as to why the operation of the cat management facility should not be suspended or the approval should not be cancelled.

(4)  If the Secretary decides not to suspend the operation of the cat management facility or not to cancel the approval under regulation 5(4)(a) , after due consideration of any submissions made under subregulation (3)(e) , he or she is to give the person or organisation operating the cat management facility written notice of that fact as soon as practicable after making the decision.

(5)  If the Secretary suspends the operation of the cat management facility or cancels the approval under regulation 5(4)(a) , after due consideration of any submissions made under subregulation (3)(e) , he or she is to give the person or organisation operating the cat management facility written notice of the following:

(a) the suspension or cancellation;

(b) the reasons for the suspension or cancellation;

(c) if the operation of the cat management facility is suspended, the day on which the suspension takes effect and the period of suspension;

(d) if the approval is cancelled, the day on which the cancellation takes effect.

(6)  In suspending the operation of a cat management facility, or cancelling an approval under regulation 5(4)(a) , the Secretary –

(a) may determine what arrangement may be necessary in respect of the cat management facility affected by the suspension or cancellation; and

(b) is to attach the details of the arrangements determined under paragraph (a) to the notice given under subregulation (5) .

(7)  A person who receives written notice under subregulation (5) must comply with the notice and any arrangements attached to the notice under subregulation (6) .

Penalty:  Fine not exceeding 5 penalty units.

(8)  The Secretary may revoke a suspension under this regulation before the suspension is due to expire if the Secretary reasonably believes that it is appropriate to do so.

8.   Notification of cancellation of approval to operate a cat management facility

If an approval under regulation 5(4)(a) is cancelled under regulation 7 , the Secretary is to publish in the Gazette –

(a) the name of the person or organisation who held the approval; and

(b) the name of the cat management facility operated under the approval; and

(c) that the approval is cancelled; and

(d) the date the cancellation takes effect.

9.   Surrender of approval to operate cat management facilities

(1)  A person or organisation may surrender, to the Secretary, an approval of the person or organisation under regulation 5(4)(a) by notice in writing at least 15 working days before the surrender is to take effect.

(2)  A person surrendering an approval under subregulation (1) , whether on his or her own behalf or on behalf of an organisation, must ensure that arrangements are in place to rehome, sell or transfer any cats from the cat management facility operated before the approval is surrendered.

Penalty:  Fine not exceeding 5 penalty units.

10.   Transfer of approval to operate cat management facilities

(1)  A person or organisation approved under regulation 5(4)(a) may apply in writing to the Secretary to transfer the approval to another person or organisation.

(2)  The Secretary may –

(a) transfer the approval, if satisfied that –

(i) the person or organisation that is to operate a cat management facility under the transferred approval would be approved to operate a cat management facility under regulation 5(4)(a) if an application were made under that regulation; and

(ii) it is appropriate to transfer the approval; or

(b) refuse to transfer the approval.

(3)  An approval transferred under this regulation is taken to be an approval under regulation 5(4)(a) and is subject to the same terms and conditions as such an approval.

11.   Regulation of cat management facilities

(1)  The Secretary may approve one or more codes of practice or standards in respect of cat management facilities.

(2)  Before approving a code of practice or standard, the Secretary –

(a) may seek submissions, within such time and in such a manner as the Secretary directs, in respect of the draft code of practice or draft standard from any person or group the Secretary thinks fit; and

(b) is to take into account any such submissions that are made in respect of the draft code of practice or draft standard.

(3)  The approval of a code of practice or standard under this section, and the date the approval takes effect, is to be notified in the Gazette.

(4)  A person operating, or working at, a cat management facility must comply with each code of practice and standard approved under subregulation (1) .

Penalty:  Fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 5 penalty units for each day during which the offence continues.

12.   Review of decisions

A person who is aggrieved by a decision of the Secretary under this Part may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision.

PART 3 - Microchips

13.   Microchip implanters

(1)  For paragraph (a) of the definition of microchip implanter in section 4 of the Act, the following persons are prescribed persons:

(a) a registered veterinary surgeon;

(b) a person who is registered, or otherwise recognised, as a veterinary surgeon in another State or a Territory;

(c) a person who has successfully completed an approved course in the implantation of microchips;

(d) an authorised implanter within the meaning of the Animal Management (Cats and Dogs) Act 2008 of Queensland;

(e) an authorised identifier within the meaning of the Companion Animals Act 1998 of New South Wales;

(f) an authorised identifier within the meaning of the Domestic Animals Act 2000 of the Australian Capital Territory;

(g) an authorised implanter within the meaning of the Domestic Animals Act 1994 of Victoria;

(h) a person implanting a microchip in a cat –

(i) as part of an approved course of training; and

(ii) under the supervision of a person that is a microchip implanter other than in accordance with this paragraph.

(2)  For paragraph (b) of the definition of microchip implanter in section 4 of the Act, the prescribed qualification for a microchip implanter is at least 12 month's experience in the implantation of microchips in cats.

14.   Prescribed manner of microchipping

(1)  For section 12(1) of the Act, a cat is implanted with a microchip in a prescribed manner if –

(a) the microchip is implanted –

(i) by a microchip implanter; and

(ii) in a manner consistent with the provisions of AVA Policy on Electronic Identification of Animals – Microchip, ratified by the AVA on 18 June 2009 and as amended or substituted from time to time, that relate to the implantation of a microchip into a cat; or

(b) the cat was implanted with a microchip before the commencement of the Act.

(2)  A person must not implant a microchip into a cat unless he or she is a microchip implanter.

Penalty:  Fine not exceeding 5 penalty units.

15.   Details to be entered into microchip database

(1)  For section 12(3) of the Act, the prescribed details to be entered in the microchip database in respect of each cat that is implanted with a microchip under the Act are:

(a) the name, residential address and contact number of the owner of the cat;

(b) an alternative contact and contact number for the owner of the cat, if available;

(c) the address and municipal area in which the cat resides if different from the residential address under paragraph (a) ;

(d) the name of the cat;

(e) the breed of cat, if known;

(f) whether or not the cat has been desexed;

(g) the colouring of the cat;

(h) the date of birth of the cat or, if date of birth is not known, the approximate age of the cat;

(i) the unique identification number of the microchip;

(j) the date of implantation of the microchip;

(k) the full name of the microchip implanter;

(l) the business address of the microchip implanter.

(2)  For section 12(3) of the Act, a person has provided the prescribed details in relation to a microchip implanted before the commencement of the Act if he or she complied with any request for information by the microchip implanter at the time the cat was microchipped.

(3)  The owner of a cat that has been implanted with a microchip, whether before or after the commencement of this Act, is to ensure the microchip database is notified of a change in any of the details specified in subregulation (1) within 30 days after the change has occurred.

(4)  A microchip implanter must keep a record of the details required under section 12(3) of the Act until he or she has confirmation that the information has been recorded by the microchip database provider.

Penalty:  Fine not exceeding 10 penalty units.

16.   Access to information in microchip database

(1)  The Secretary may determine guidelines in respect of any one or more of the following:

(a) the access to information in the microchip database;

(b) the reasons information may be accessed;

(c) how information received from the database may be used.

(2)  A person must comply with any guidelines determined under this regulation.

Penalty:  Fine not exceeding 5 penalty units.

PART 4 - Desexing of Cats

17.   Temporary desexing of cats

For the definition of desex in section 4 of the Act, a cat may be temporarily desexed using a method of reproductive control –

(a) approved for use in cats by the Australian Pesticides and Veterinary Medicines Authority, continued in existence by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth; and

(b) administered by a veterinary surgeon.

18.   Cats not required to be desexed

For section 14(2)(c) of the Act, the following cats are prescribed cats:

(a) a cat that is registered with an approved organisation to be shown at an event organised or sanctioned by that organisation;

(b) a cat that is purchased, by a member of an approved organisation, to be shown at an event organised or sanctioned by that organisation.

19.   Identification of desexing

(1)  In this regulation –

permanently desexed, in relation to a cat, means to render the cat permanently incapable of reproduction;

temporarily desexed, in relation to a cat, means to render the cat temporarily incapable of reproduction;

(2)  For section 14(3) of the Act, a cat that is permanently desexed after the commencement of that section is to be identified as follows:

(a) in the case of a cat that is a prescribed cat for the purposes of regulation 18 , a certificate stating that the cat has been permanently desexed that is issued by the veterinary surgeon that has desexed the cat;

(b) in any other case, the following mark permanently marked inside the left ear of the cat by, or in the presence of, a veterinary surgeon:

(3)  For section 14(3) of the Act, a cat that is temporarily desexed after the commencement of that section is to be identified by a certificate, that is issued by the veterinary surgeon that has desexed the cat, stating that the cat has been temporarily desexed.

PART 5 - Miscellaneous

20.   Prescribed health checks

For section 15(1)(e) of the Act, the following are the prescribed health checks required before a cat can be sold:

(a) vaccinations to a level of F3 (Feline 3), or the core vaccinations, that are recommended by AVA Vaccination of dogs and cats ratified on 26 June 2009, as amended from time to time, as appropriate for the age of the cat to be vaccinated;

(b) free from external parasites and at least one treatment for internal worms;

(c) a general health check by a veterinary surgeon who provides written evidence of the results of the health check undertaken.

21.   Sale of cat that is not desexed or microchipped

(1)  For section 15(2)(c) of the Act, section 15(1) does not apply to the sale of an intact cat interstate if the purchaser of the cat is permitted, under the relevant legislation of that State or Territory, to have an intact cat.

(2)  For section 15(2)(c) of the Act, section 15(1) does not apply to the sale of a cat that is not microchipped interstate if the purchaser of the cat is permitted, under the relevant legislation of that State or Territory, to have a cat that is not microchipped.

22.   Prescribed private land

For section 17(2)(b) of the Act, a person may trap, seize or humanely destroy a cat found on his or her private land if there is no place genuinely used as a place of residence (other than the residence of the person taking action) within a one-kilometre radius of the location where the cat is found on private land.

23.   Cats found on private land

Nothing in these regulations prevents a person who has found a cat on private land from –

(a) if the owner of the cat is known to the person, arranging for the return of the cat to the owner; or

(b) whether or not the owner of the cat is known to the person, arranging for the cat to be taken to a cat management facility.

24.   Cats in prohibited areas

For sections 18(2) and (4) of the Act, the prescribed circumstances, where cat management action may not be taken in respect of a cat in a prohibited area, are if the cat is –

(a) being transported on a road through the prohibited area that does not terminate in the prohibited area; and

(b) confined or restrained in a manner that prevents escape while being transported through the prohibited area.

25.   Displaying of remains

(1)  In this regulation –

taxidermist means a person who –

(a) is a member of an approved organisation relating to taxidermy; or

(b) holds an approved licence, or other approved authorisation, relating to taxidermy.

(2)  For section 28(3) of the Act, the remains of a cat may be displayed if –

(a) the remains have been prepared and preserved by a taxidermist; or

(b) the Secretary has approved the display containing the remains.

26.   Registered breeder numbers

A registered breeder that has been issued with a registered breeder number under section 30(6) of the Act is to include the registered breeder number in any advertisement relating to cats.

27.   Cancellation or suspension of registration of breeder

For section 31(1)(e) of the Act, the Secretary may cancel or suspend the registration of a registered breeder if satisfied of either of the following matters:

(a) the breeder has been found guilty of an offence under the Animal Welfare Act 1993 ;

(b) the breeder is no longer a member of the cat organisation under which, by virtue of that membership and section 30(1) of the Act, the breeder is taken to be a registered breeder.

28.   Infringement notices offences and penalties

For section 39 of the Act –

(a) the offences specified in column 1 of Schedule 1 are prescribed as offences for the purposes of infringement notices; and

(b) the penalties specified in column 2 of Schedule 1 are the penalties applicable to those prescribed offences.

SCHEDULE 1 - Infringement notice offences

Regulation 28

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 June 2012

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.

EXPLANATORY NOTE

(This note is not part of the regulation)

(a) procedures for the approval, suspension or cancellation of cat management facilities in certain circumstances; and

(b) processes relating to the microchipping and desexing of cats; and

(c) other miscellaneous matters including offences for which an infringement notice may be served.