Commonwealth Numbered Regulations

CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2004 (NO. 3) 2004 NO. 121 - SCHEDULE 1

(regulation 3)

[1] After regulation 5K

insert

5L Importation of dangerous breeds of dogs

(1) In this regulation:

"authorised person" means an APS employee authorised under subregulation (2).

Code means the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes:

(a)

published by the National Health and Medical Research Council in 1997; and

(b)

as in force when this regulation commences.

dog of a dangerous breed means a dog of any of the following breeds:

(a)

dogo Argentino;

(b)

fila Brasileiro;

(c)

Japanese tosa;

(d)

American pit bull terrier or pit bull terrier.

"Minister" means the Minister for Agriculture, Fisheries and Forestry.

"scientific purposes" has the meaning given by the Code.

(2)

The Minister may, in writing, authorise an APS employee performing duties in the Minister's Department to give, or revoke, permission for a person to import a dog of a dangerous breed into Australia.

(3) The importation into Australia of a dog of a dangerous breed is prohibited unless:

(a)

the Minister or an authorised person has given permission in writing to import the dog; and

(b)

the permission is produced to a Collector.

(4)

Permission to import a dog of a dangerous breed may be given only if the dog is to be imported for scientific purposes.

(5) The Minister or an authorised person must take into account, before giving permission for the importation of a dog of a dangerous breed:

(a)

whether the place at which the dog is to be used conforms with the Code; and

(b)

whether an Animal Ethics Committee (established in accordance with the Code) has approved the scientific purpose.

(6) A permission for the importation of a dog of a dangerous breed may:

(a)

include conditions or requirements to be complied with by the holder of the permission; and

(b)

set a time (being a time before or after the importation of the dog to which the permission relates) at or before which a condition or requirement must be complied with by the holder.

(7) The Minister or an authorised person may revoke a permission if:

(a)

it is subject to a condition or requirement; and

(b)

the holder fails to comply with the condition or requirement (whether or not the holder is charged with an offence under subsection 50 (4) of the Act in relation to the failure to comply with the condition or requirement).

(8) Application may be made to the Administrative Appeals Tribunal for review of:

(a)

a decision of the Minister or an authorised person under paragraph (3) (a) refusing permission to import a dog of a dangerous breed into Australia; or

(b)

a decision of the Minister or an authorised person under paragraph (6) (a) or (b) imposing a condition or setting a time for compliance with a condition; or

(c)

a decision of the Minister or an authorised person under subregulation (7) revoking a permission.

[2] Schedule 1, item 26

omit