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reg 33AE

Refusal to grant dog supply approval

In force

33AE Refusal to grant dog supply approval

(1)

For section 38P(2)(e), the circumstances are —

(a)

the applicant, or a close associate of the applicant, holds a pet shop approval; or

(b)

the applicant previously held a dog supply approval that was cancelled under section 38Q(a), (c), (d), (e), (f) or (g); or

(c)

The Royal Society for the Prevention of Cruelty to Animals, Western Australia gives the CEO written notice setting out its grounds for objecting to the grant of the dog supply approval and the CEO regards those grounds to be reasonable; or

(d)

the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of the Animal Welfare Act 2002 gives the CEO written notice setting out its grounds for objecting to the grant of the dog supply approval and the CEO regards those grounds to be reasonable; or

(e)

the application for the dog supply approval does not contain, or is not accompanied by, the information or documents set out under regulation 33AD; or

(f)

the applicant is not a fit and proper person to hold a dog supply approval.

(2)

When determining whether an applicant is a fit and proper person under subregulation (1)(f), the CEO must have regard to —

(a)

whether the applicant is able to, in a way that ensures the safety, health and wellbeing of the dogs kept as part of the refuge operations or in the dog management facility —

(i)

provide the dogs with adequate care; and

(ii)

manage the refuge operations or the dog management facility;

and

(b)

whether the facilities that the applicant proposes to use, or uses, to keep dogs as part of the refuge operations or in the dog management facility are adequate, taking into consideration the maximum number of dogs to be kept at any one time; and

(c)

whether the applicant will provide adequate training to any persons working in the refuge operations or the dog management facility on the dog care plan referred to in regulation 33AD(3); and

(d)

the criteria by which the applicant will assess the suitability of a relevant pet shop business for the purpose of supplying the relevant pet shop business with dogs; and

(e)

whether the applicant is able to comply with section 38V.

Note for this subregulation:

Subregulation (2)(b) is in addition to section 38P(2)(c).

[Regulation 33AE inserted: SL 2024/246 r. 9.]

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