Cat Management Amendment Act 2020

An Act to amend the Cat Management Act 2009

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Cat Management Amendment Act 2020 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Principal Act

In this Act, the Cat Management Act 2009 is referred to as the Principal Act.

4.   

The amendments effected by this section have been incorporated into the authorised version of the Cat Management Act 2009 .

5.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

6.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

7.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

8.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

9.    Section 12 amended (Microchipping of cats)

Section 12(1) of the Principal Act is amended as follows:

(a) by omitting "6 months of age is to" and substituting "4 months of age must";

(b) by inserting the following penalty after subsection (1) :

Penalty:  Fine not exceeding 20 penalty units.

10.    Section 14 amended (Desexing of cats)

Section 14 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "6 months of age is to" and substituting "4 months of age must";

(b) by inserting the following penalty after subsection (1) :

Penalty:  Fine not exceeding 20 penalty units.

(c) by omitting from subsection (2)(b) "breeder" and substituting "breeder or the holder of a cat breeding permit in relation to the cat";

(d) by omitting from subsection (2)(c) "a prescribed cat" and substituting "a member of a prescribed class of cats";

(e) by omitting subsection (3) and substituting the following subsection:

(3)  A cat that is desexed is to be identified by a prescribed mark that is permanently marked inside the left ear of the cat.

(f) by omitting from subsection (4) "as being desexed" and substituting "in accordance with subsection (3) ".

11.    Section 15 amended (Sale, &c., of cats)

Section 15(1) of the Principal Act is amended as follows:

(a) by omitting paragraph (b) and substituting the following paragraph:

(b) that is not microchipped, unless a certificate has been issued under section 12(2) in respect of the cat; or

(b) by omitting from paragraph (c) "in accordance with the Act";

(c) by omitting subparagraph (iii) from paragraph (c) and substituting the following subparagraph:

(iii) the purchaser is the holder of a cat breeding permit in relation to the cat; or

(d) by omitting paragraph (e) and substituting the following paragraph:

(e) that does not attain a satisfactory result in relation to all health checks prescribed for the purposes of this section.

12.    Section 16 repealed

Section 16 of the Principal Act is repealed.

13.    Part 3A inserted

After section 16 of the Principal Act , the following Part is inserted:

PART 3A - Keeping of cats

16A.   Limit on number of cats kept

(1)  In this section –

cat boarding facility means premises operated by, or on behalf of, an organisation that –

(a) is run for profit; and

(b) as part of its operations, provides, for consideration, overnight accommodation for cats;

consideration includes monetary or non-monetary consideration;

veterinary establishment has the same meaning as in the Veterinary Surgeons Act 1987 .

(2)  A person must not keep, for any period of time, at any individual property, more than 4 cats that are more than 4 months of age.Penalty:  Fine not exceeding 20 penalty units.

(3)  Subsection (2) does not apply to any cat in excess of 4 cats if –

(a) the person keeping the cat holds a multiple cat permit in relation to the cat; or

(b) the person keeping the cat is a registered breeder; or

(c) the person keeping the cat holds a cat breeding permit in relation to the cat; or

(d) the cat is being kept at a cat boarding facility or veterinary establishment; or

(e) the person keeping the cat is fostering the cat as part of a foster program managed by a cat management facility or an approved organisation; or

(f) the cat is being kept at an individual property for less than 6 months and –

(i) the cat is owned by a person who does not usually reside at the individual property; and

(ii) the period that the cat is to be kept at the individual property is agreed upon, by both the owner of the cat and the person with responsibility for the individual property, before the cat is left at the individual property; and

(iii) no consideration has been, or is to be, paid in respect of the keeping of the cat at the individual property.

16B.   Application to keep more than 4 cats

(1)  A person may apply to the Secretary, or the general manager of the council for the municipal area in which the cats are situated, for a permit to keep more than 4 cats (a multiple cat permit).

(2)  An application made under subsection (1) is to –

(a) include details of –

(i) all cats that the person intends to keep, referenced by the number encoded on the microchip implanted in each cat; and

(ii) the individual property at which the person intends to keep the cats to which the application relates; and

(b) be accompanied by the approved fee, if any.

(3)  If –

(a) there is a right to object under subsection (5) ; or

(b) the Secretary, or a general manager, to whom an application is made under subsection (1) so requires –

an applicant must publish a notice, in a prescribed manner, stating –

(c) the intention to apply for a multiple cat permit; and

(d) the address and details of the individual property, and the number of cats, to which the application relates.

Penalty:  Fine not exceeding 20 penalty units.

(4)  In considering an application that is –

(a) made under subsection (1) to the Secretary, the Secretary must consult with the general manager of the council for the municipal area in which the individual property to which the application relates is situated; and

(b) made under subsection (1) to a general manager, the general manager must consult with the Secretary.

(5)  A person may object to the granting of a multiple cat permit if the person resides on, or owns, land within 200 metres of the boundary of the individual property to which the application for the permit relates.

(6)  An objection made under subsection (5) is to –

(a) be in writing; and

(b) set out the reasons for the objection; and

(c) be given to the Secretary or general manager to whom the application to which the objection relates was made, within 14 days after a notice is published under subsection (3) in relation to the application.

(7)  If a notice is required to be published under subsection (3) , in relation to an application made to the Secretary or general manager, the Secretary or general manager, respectively, is –

(a) not to consider an application for a multiple cat permit until 14 days after the notice is published; and

(b) to take into account objections made under subsection (5) , if any.

16C.   Determination of application to keep more than 4 cats

(1)  The Secretary or general manager may –

(a) grant an application made under section 16B(1) to him or her, subject to any conditions he or she thinks fit, if satisfied that –

(i) the applicant is a fit and proper person to hold a multiple cat permit; and

(ii) it is appropriate in all the circumstances; or

(b) refuse an application made under section 16B(1) to him or her, if not so satisfied.

(2)  If the Secretary or general manager grants an application made under section 16B(1) , he or she is to issue a permit in writing to the applicant.

(3)  A permit must not be issued in contravention of a by-law made in accordance with section 43 .

(4)  A permit issued under subsection (2) may be in the form that the Secretary or general manager, respectively, determines, but is to, at least, specify –

(a) the maximum number of cats that may be kept at the individual property to which the permit relates and the number encoded on the microchip with which each cat is implanted; and

(b) any conditions to which the permit is subject; and

(c) the date on which the permit expires.

(5)  The Secretary or a general manager may, by notice to the holder of a multiple cat permit issued by the Secretary or general manager, respectively, vary the permit, including any condition of the permit, at any time if satisfied that there are reasonable grounds to do so.

(6)  If the Secretary or general manager refuses an application made under section 16B(1) , he or she is to provide the applicant with notice of the refusal and written reasons for the refusal.

16D.   Cancellation of multiple cat permit

(1)  The Secretary or a general manager may, by notice in writing served on the holder of a multiple cat permit issued by the Secretary or general manager, respectively, cancel the multiple cat permit from a day specified in the notice that is not less than one month after the notice is served on the holder of the permit.

(2)  The Secretary or a general manager may only cancel a multiple cat permit under subsection (1) if satisfied that –

(a) the provisions of this Act or any other relevant Act are not being complied with; or

(b) any condition of the permit is not being complied with; or

(c) the situation or condition of the premises on which the relevant cats are being kept is such that the cats are creating a nuisance; or

(d) it is in the public interest that the permit be cancelled.

(3)  Before cancelling a multiple cat permit, the Secretary or general manager is to –

(a) give to the holder of the permit one month’s notice in writing to make submissions as to why the permit should not be cancelled; and

(b) consider the submissions made under subsection (4) , if any, by the holder of the permit.

(4)  The holder of a multiple cat permit may, within one month after notice is served on that person by the Secretary or general manager under subsection (1) , make to the Secretary or general manager, respectively, a submission in writing as to why the permit should not be cancelled.

(5)  A multiple cat permit is cancelled on and from the day specified in a notice given under subsection (1) in relation to the permit as the day on which the permit is cancelled.

16E.   Review of decision

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

14.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

15.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

16.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

17.   

The amendments effected by this section have been incorporated into the authorised version of the Cat Management Act 2009 .

18.   

The amendments effected by this section have been incorporated into the authorised version of the Cat Management Act 2009 .

19.   

The amendments effected by this section have been incorporated into the authorised version of the Cat Management Act 2009 .

20.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

21.    Section 29 amended (Restriction on breeding of cats)

Section 29 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsection:

(1)  A person must not breed a cat unless he or she –

(a) is a registered breeder; or

(b) holds a cat breeding permit in relation to the cat.

Penalty:  Fine not exceeding 50 penalty units

(b) by inserting the following subsection after subsection (2) :

(3)  Subsection (1) does not apply if a person applies for a cat breeding permit as soon as practicable after becoming aware that –

(a) a cat kept by the person has been bred; and

(b) the breeding of the cat has resulted in the impregnation of a cat.

22.    Sections 30 , 31 and 32 substituted

Sections 30 , 31 and 32 of the Principal Act are repealed and the following sections are substituted:

30.   Registration of cat breeders

(1)  A person who is a member of a cat organisation specified in a notice published by the Secretary in the Gazette is taken to be a registered breeder for the purposes of this Act.

(2)  A person who is not a registered breeder must not hold himself or herself out to be a registered breeder.Penalty:  Fine not exceeding 20 penalty units.

31.   Permit to breed a cat

(1)  A person may apply to the Secretary, or to the general manager of the council for the municipal area in which the cat is situated, for a permit to breed a cat (a cat breeding permit).

(2)  An application for a cat breeding permit is to be accompanied by the prescribed fee, if any.

(3)  The Secretary or general manager may –

(a) grant an application made to the Secretary or general manager, respectively, under subsection (1) , subject to any conditions he or she thinks fit; or

(b) refuse an application made to the Secretary or general manager, respectively, under subsection (1) .

(4)  Without limiting the generality of subsection (3) , conditions on a permit may include conditions relating to the sale or management of any kitten that might result from the breeding of the cat.

(5)  If the Secretary or general manager grants an application made under subsection (1) , he or she is to issue a permit in writing to the applicant.

(6)  A permit issued under subsection (5) may be in the form that the Secretary or general manager, respectively, determines, but is to, at least, specify –

(a) the name and usual residential address of the owner of the cat to which the permit relates; and

(b) the cat to which the permit relates, by reference to the number encoded on the microchip implanted in the cat; and

(c) the individual property at which the cat is to be kept; and

(d) any conditions to which the permit is subject; and

(e) the expiry date of the permit.

(7)  The Secretary or general manager may, by notice to the holder of a cat breeding permit issued by the Secretary or general manager, respectively, vary the permit, including any condition of the permit, at any time if satisfied that there are reasonable grounds to do so.

(8)  If the Secretary or general manager refuses an application made under subsection (1) , he or she is to provide the applicant with notice of the refusal and written reasons for the refusal.

32.   Cancellation of cat breeding permit

(1)  The Secretary or a general manager may, by notice in writing served on the holder of a cat breeding permit issued by the Secretary or general manager, respectively, cancel the cat breeding permit from a day specified in the notice that is not less than one month after the notice is served on the holder of the permit.

(2)  The Secretary or a general manager may only cancel a cat breeding permit under subsection (1) if satisfied that –

(a) the provisions of this Act or any other relevant Act are not being complied with; or

(b) any condition of the permit is not being complied with.

(3)  Before cancelling a cat breeding permit, the Secretary or general manager is to –

(a) give to the holder of the permit one month’s notice in writing to make submissions as to why the permit should not be cancelled; and

(b) consider the submissions made under subsection (4) , if any, by the holder of the permit.

(4)  The holder of a cat breeding permit may, within one month after notice is served on the person by the Secretary or general manager under subsection (1) , make to the Secretary, or general manager, respectively, a submission in writing as to why the permit should not be cancelled.

(5)  A cat breeding permit is cancelled on and from the day specified, in a notice served under subsection (1) in relation to the permit, as the day on which the permit is cancelled.

23.    Section 33 amended (Review of decisions)

Section 33 of the Principal Act is amended by inserting "or a general manager" after "Secretary".

24.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

25.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

26.   

The amendment effected by this section has been incorporated into the authorised version of the Cat Management Act 2009 .

27.   

The amendments effected by this section have been incorporated into the authorised version of the Cat Management Act 2009 .

28.   Repeal of Act

This Act is repealed on the first anniversary of the day on which the last uncommenced provision of this Act commenced.