Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 33

    (1)     On application by the holder of a special licence, the registrar may vary the licence.

    (2)     The registrar may vary a special licence on the registrar's own initiative if the registrar is satisfied that it is in the public interest to do so.

    (3)     Before varying a special licence on the registrar's own initiative, the registrar must give the licensee a written notice—

        (a)     stating how the registrar proposes to vary the licence; and

        (b)     stating the reasons why the registrar proposes to vary the licence; and

        (c)     telling the licensee that the licensee may give a written response to the registrar about the matters stated in the notice within 7 days beginning the day after receiving the notice.

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

    (4)     In making a decision under subsection (1) or (2), the registrar must consider—

        (a)     for a multiple dog licence—the matters mentioned in section 20 (3) (Multiple dog licences—approval or refusal); and

        (b)     for a dangerous dog licence—the matters mentioned in section 25 (3) (Dangerous dog licences—approval or refusal); and

        (c)     for a racing greyhound controller licence—the matters mentioned in section 39I (3) (Racing greyhound controller licences—approval or refusal); and

        (d)     any breach of the conditions of the licence.

    (5)     In making a decision whether to vary the special licence on the registrar's own initiative, the registrar must consider any response given to the registrar in accordance with subsection (3) (c).

    (6)     Subsections (4) and (5) do not limit the matters the registrar may consider.

    (7)     The registrar must refuse to vary—

        (a)     a multiple dog licence if the registrar would be obliged under section 20 (2) to refuse to issue the licence as varied; or

        (b)     a dangerous dog licence if the registrar would be obliged under section 25 (2) to refuse to issue the licence as varied.

    (8)     The registrar must refuse to vary a racing greyhound controller licence if the registrar would be obliged under section 39I (3) (Racing greyhound controller licences—approval or refusal) to refuse to issue the licence as varied.

    (9)     The registrar must give the licensee written notice of the registrar's decision.

    (10)     A variation of a special licence takes effect on the day notice of the variation is given to the licensee or, if the notice provides for a later day of effect, that day.

    (11)     In this section:

"vary "includes—

        (a)     for a multiple dog licence—substitute a dog for another dog; and

        (b)     for a racing greyhound controller licence—substitute a racing greyhound for another racing greyhound.