Cat Management Regulations 2022

Cat Management Regulations 2022

13 December 2022

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Cat Management Act 2009.

These regulations may be cited as the Cat Management Regulations 2022.

These regulations take effect on the day on which their making is notified in the Gazette.

In these regulations –

Act means the Cat Management Act 2009;

AVA means The Australian Veterinary Association Ltd. (ABN 63 008 522 852), also known as the Australian Veterinary Association;

cat management facility approval, in relation to a cat management facility, means an approval in relation to the facility that is granted under regulation 5(4)(a) and that has not been surrendered or cancelled;

microchip database means the approved database where the prescribed details are entered in accordance with section 12(3) of the Act.

For paragraph (d) of the definition of cat management facility in section 4 of the Act, a facility, to which a cat management facility approval relates, that is operated by a person or organisation to which the approval relates is a cat management facility.

A person or organisation may apply to the Secretary for approval to operate a facility as a cat management facility.

An application under subregulation (1) is to – be in an approved form; and specify – the facility that is intended to be operated as a cat management facility; and the size of the facility with reference to the building size and land size; and the intended maximum number of cats to be housed at the facility; and provide full details in respect of – any offence, of which the applicant has been convicted, that involves or relates to an animal; and all current approvals for the facility that are required under any Act for the facility to operate and that are held in relation to the facility.

The Secretary may – request further information from a person or organisation that has made an application under subregulation (1); and take the further information into account when considering the application.

The Secretary, on receiving an application under subregulation (1) from a person or organisation, may – grant to the person or organisation an approval (a cat management facility approval) to operate, as a cat management facility, a facility specified in the approval, subject to any conditions that the Secretary thinks fit, if the Secretary is satisfied – that the person or organisation is fit and proper to operate such a facility; and that it is appropriate to approve the person or organisation to operate such a facility; or refuse to grant to the person or organisation an approval to operate, as a cat management facility, a facility, if the Secretary is not satisfied – that the person or organisation is fit and proper to operate such a facility; and that it is appropriate to approve the person or organisation to operate such a facility.

If the Secretary grants to a person or organisation under subregulation (4)(a) a cat management facility approval in relation to a cat management facility, the Secretary – is to inform the person or organisation in writing of – the approval and any conditions of the approval; and the specific facility which may be operated under the approval; and is to cause the name of the person or organisation to be published in the Gazette as a person or organisation approved to operate, as a cat management facility, the facility specified in the notice.

If the Secretary refuses to grant an application under subregulation (4)(b), the Secretary is to provide to the applicant written reasons for the refusal.

The Secretary may suspend the operation of a cat management facility, without complying with regulations 8 and 9, if the person or organisation operating the cat management facility has been charged with an offence under the Animal Welfare Act 1993, or any other Act, that the Secretary believes is so serious, due to the circumstances of the offence, that the operation of the cat management facility should be suspended immediately.

The Secretary must give written notice of the following to the person or organisation operating the cat management facility to which a suspension under subregulation (1) relates:the reason for the suspension; that the suspension takes effect on receipt of the written notice by the person or organisation or an employee of the person or organisation; the requirements, if any, in respect of the cat management facility (which may, but are not required to, relate to cats at the facility) that must be satisfied, by the person or organisation operating the cat management facility, and the period within which the requirements must be satisfied.

A person or organisation to which a written notice given under subregulation (2) relates must comply with the notice. Fine not exceeding 5 penalty units.

Regulations 8 and 9 apply to the cancellation of a cat management facility approval that has been suspended under this regulation.

There are grounds for the Secretary to suspend under regulation 9(1)(a) the operation of a cat management facility, or to cancel under regulation 9(1)(b) a cat management facility approval in relation to a cat management facility, if the Secretary is satisfied that –

the person or organisation operating the cat management facility, or an employee, of the person or organisation, who is employed at the cat management facility, has contravened the Act or a condition of the cat management facility approval; or an employee, of the person or organisation, who is employed at the cat management facility has been found guilty within the last 5 years of an offence in relation to an animal; or a person who, as a volunteer of the cat management facility, has – contravened the Act or a condition of the cat management facility approval; or been found guilty within the last 5 years of an offence in relation to an animal; or the operation of the cat management facility is creating a nuisance; or it is in the public interest that the operation of the cat management facility be suspended or cancelled.

The Secretary, before suspending under regulation 9(1)(a) the operation of a cat management facility, or cancelling under regulation 9(1)(b) a cat management facility approval in relation to a cat management facility, must give to the person or organisation operating the cat management facility a notice in writing in accordance with subregulation (2).

A notice under subregulation (1) to a person or organisation that operates a cat management facility is to – state that the Secretary is considering suspending the operation of the cat management facility or cancelling a cat management facility approval in relation to the cat management facility; and state the reasons why the Secretary considers that there are grounds for the suspension or cancellation; and if – the Secretary considers that the suspension or cancellation would not be required if steps were taken, to the satisfaction of the Secretary, by the person or organisation within a certain period or periods – specify those steps and the period or periods within which they may be taken; or the Secretary considers that there are no steps that, if they were taken by the person or organisation, would have the effect that the suspension or cancellation would not be required – specify that there are no such steps; and state that the person or organisation may make written submissions to the Secretary, within the period specified in the notice, as to why – the operation of the cat management facility should not be suspended; or the cat management facility approval in relation to the cat management facility should not be cancelled.

A person or organisation to which a notice is given under subregulation (1) in relation to a cat management facility may, within the period specified, in accordance with subregulation (2)(d), in the notice, make submissions as to why – the operation of the cat management facility should not be suspended; or the cat management facility approval should not be cancelled.

The Secretary may – suspend the operation of a cat management facility; or cancel a cat management facility approval in relation to a cat management facility.

The Secretary must not suspend under subregulation (1)(a) the operation of a cat management facility, or cancel under subregulation (1)(b) a cat management facility approval in relation to a cat management facility, unless – the Secretary has grounds to do so under regulation 7; and a notice has been given under regulation 8(1) to the person or organisation operating the cat management facility; and either – the Secretary has considered any submissions made under regulation 8(3) by the person or organisation; or the period specified, in accordance with regulation 8(2)(d), in the notice given under regulation 8(1) to the person or organisation has expired and no submission has been made under regulation 8(3) by the person or organisation; and if steps have been, in accordance with regulation 8(2)(c), specified in the notice, the Secretary has considered whether the steps have been taken to the satisfaction of the Secretary within the period or periods specified, in accordance with regulation 8(2)(c), in the notice.

If the Secretary decides not to suspend the operation of a cat management facility, or not to cancel a cat management facility approval in relation to a cat management facility, the Secretary is to give the person or organisation operating the cat management facility written notice of that fact as soon as practicable after making the decision.

If the Secretary suspends under subregulation (1)(a) the operation of a cat management facility, or cancels under subregulation (1)(b) a cat management facility approval in relation to a cat management facility, the Secretary is to give the person or organisation operating the cat management facility written notice of the following:the suspension or cancellation; the reasons for the suspension or cancellation; if the operation of the cat management facility is suspended, the day, on or after which the notice is given, on which the suspension takes effect and the period of suspension; if the cat management facility approval is cancelled, the day, on or after which the notice is given, on which the cancellation takes effect; the requirements, if any, in respect of the cat management facility (which may, but are not required to, relate to cats at the facility), that must be satisfied, by the person or organisation, within the period specified in the notice as the period within which the requirements must be satisfied.

A person or organisation to which a written notice given under subregulation (4) relates must comply with the notice. Fine not exceeding 5 penalty units.

The Secretary may revoke a suspension under this regulation before the period of the suspension is due to expire if the Secretary reasonably believes that it is appropriate to do so.

If a cat management facility approval is cancelled under regulation 9(1)(b), the Secretary is to publish in the Gazette a notice specifying –

the name of the person or organisation that held the approval; and the name of the cat management facility that was operated under the approval; and that the approval is cancelled; and the date on which the cancellation took effect or is to take effect.

A person or organisation to which a cat management facility approval relates may, by notice in writing to the Secretary at least 15 working days before the surrender is to take effect, surrender to the Secretary the cat management facility approval.

A person or organisation surrendering under subregulation (1) a cat management facility approval must ensure that arrangements are in place to rehome, sell or transfer any cats from the cat management facility before the approval is surrendered. Fine not exceeding 5 penalty units.