Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 72B

    (1)     If an application for a breeding licence is made under section 72A, the registrar must—

        (a)     issue the licence; or

        (b)     refuse to issue the licence.

    (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.

    (3)     In making a decision under this section, the registrar must consider the following:

        (a)     the number and kind of animals kept by the applicant at the premises to which the application relates;

        (b)     the size and nature of the premises to which the application relates;

        (c)     the suitability of facilities on the premises for keeping and breeding dogs or cats;

        (d)     the potential impact on the occupiers of neighbouring premises;

        (e)     whether the applicant is a member of a recognised breeding organisation;

        (f)     any conviction or finding of guilt of the applicant within the last 10 years against a law of a State or Territory for an offence relating to the welfare, keeping or control of an animal;

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

    (4)     Subsection (3) does not limit the matters the registrar may consider.