Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A licence holder must not amend the identifying information contained in a record kept and maintained by the licence holder in relation to a prescribed animal unless—
(a) the licence holder has received an application to so amend the record from the person specified as the owner of the animal in the identifying information contained in the record; or
(b) the licence holder has received an application to so amend the record from an authorised officer appointed under section 71 of the Act; or
(c) in the case of an application for a change of ownership of the animal—
Reg. 41(1)(c)(i) amended by S.R. No. 36/2019 reg. 13(1).
(i) the licence holder has received an application from the new owner of the animal to change the ownership of the animal and a declaration from the new owner that they own the animal; and
(ii) the licence holder has notified the person specified as the owner of the animal in the identifying information contained in the record about that application and within 14 days after that notification the owner has either confirmed the ownership change in writing or has not responded to the notification; or
(d) in the case of an application for a change of ownership of the animal, the licence holder has received an application to change the ownership of the animal from a pound or animal shelter which operates a domestic animal business from a premises registered for that purpose under Part 4 of the Act; or
(e) there has been a change in ownership of the animal as a result of an order of a court or VCAT and the new owner of the animal—
(i) applies to the licence holder to amend the record to change the ownership of the animal; and
(ii) provides a copy of the order to the licence holder.
Reg. 41(2) substituted by S.R. No. 36/2019 reg. 13(2).
(2) The licence holder must comply with the following requirements relating to the amendment under subregulation (1) of the identifying information contained in a record kept and maintained by the licence holder in relation to a prescribed animal—
(a) the licence holder must amend the record within 7 business days after receiving an application to amend the record under subregulation (1)(a) or (b);
(b) the licence holder must notify the current owner of the animal under subregulation (1)(c)(ii) within 7 business days after receiving both an application to change the ownership of the animal and a declaration referred to in subregulation (1)(c)(i);
(c) the licence holder must amend the record to change the ownership of the animal within 7 business days after the 14 day period referred to in subregulation (1)(c)(ii);
(d) the licence holder must amend the record to change the ownership of the animal within 7 business days after receiving an application to change the ownership of the animal under subregulation (1)(d);
(e) the licence holder must amend the record to change the ownership of the animal within 7 business days after receiving both an application to change the ownership of the animal and a copy of the order of a court or VCAT referred to in subregulation (1)(e).
(3) If a licence holder becomes aware of a dispute over the ownership of a prescribed animal in respect of which the licence holder keeps a record, the licence holder—
(a) must enter details of the dispute on to the record; and
(b) must not amend the record to change the ownership of the animal unless the licence holder is provided with an order of a court or VCAT which provides that a person other than the person specified as the owner of the animal in the identifying information contained in the record is the owner of the animal.
(4) If a licence holder amends a record kept in relation to a prescribed animal to change the ownership of that animal, the licence holder must ensure that the previous ownership details are retained in that record.
Reg. 41(5) inserted by S.R. No. 36/2019 reg. 13(3).
(5) If the licence owner has amended a record kept in relation to a prescribed animal to change the ownership of that animal under this regulation, the licence holder must provide the new owner of the animal with a certificate of identification that complies with regulation 34(2), within 7 business days after amending the record.