Does not include amendments by— (not commenced — to commence on 13.1.2023) Statute Law (Miscellaneous Provisions) Act (No 2) 2022 No 59, Sch 2 (not commenced — to commence on 1.1.2023) Prevention of Cruelty to Animals Amendment (Prohibitions for Convicted Persons) Act 2022 No 69
(1) There is constituted by this Act an Exhibited Animals Advisory Committee. (2) The advisory committee—
(a) shall have and may exercise the functions conferred or imposed on it by or under this or any other Act, (b) shall, for the purposes of any Act, be deemed to be a statutory body representing the Crown, and (c) shall, in the exercise of its functions (except in relation to the contents of a report or a recommendation made by it to the Minister), be subject to the control and direction of the Minister.
(1) A person shall not erect an animal display establishment of a prescribed class or convert any premises into any such establishment unless the erection of the establishment or the conversion of the premises has been approved by the Secretary. Maximum penalty—20 penalty units or imprisonment for 6 months, or both.
(1) An application for the issue, renewal or variation of an authority shall be made to the Secretary in the prescribed manner and accompanied by the prescribed fee. (2) An application for the transfer of a licence shall be made to the Secretary in the prescribed manner and accompanied by the prescribed fee. (3) The application shall be considered by the Secretary who may grant or refuse the application.
(1) The Secretary may, by notice in writing served on the holder of an authority, suspend the authority for a period of not more than 60 days specified in the notice or cancel the authority at any time—
(a) if the holder commits an offence against this Act, the , the Prevention of Cruelty to Animals Act 1979 , the Animal Research Act 1985 or an instrument made under this Act or any of those Acts, National Parks and Wildlife Act 1974 (b) if the holder fails to comply with any term or condition of the authority or of any other authority, being a term or condition applicable to the holder, (c) in the case of a licence, if the holder fails to ensure that the licensed animal display establishment—
(i) conforms to, and (ii) is conducted in accordance with, the prescribed standards, (d) if the authority was issued pursuant to a false or misleading document, statement or representation, (e) if for any other reason the Secretary is of the opinion that the holder is not a fit and proper person to hold the authority, (f) if the holder requests the suspension or cancellation of the authority, as the case may be, or (g) if the authority was issued in error.
(1) The Secretary may, by order in writing served on a person, declare the person to be disqualified from holding an authority. (2) A declaration may be made in respect of a person only if the person holds an authority that is cancelled by the Secretary on misconduct grounds. (3) A person who is declared to be disqualified from holding an authority is disqualified from holding an authority under this Act during the disqualification period specified in the order.
(1) The Secretary may, as a condition of the issue of a licence for a cetacea display establishment, require that an amount of money, not exceeding the prescribed amount, be deposited with the Secretary by the holder of the licence or that the holder enter into other prescribed arrangements securing the payment of money to the Secretary.
(1) The Secretary may appoint a Public Service employee to be an inspector for the purposes of this Act.
(1) For the purposes of this Act, an inspector may—
(a) except as provided by subsection (2), enter any premises which are a licensed animal display establishment or any other place (including land and a building, and a place on or in a vehicle or vessel) where the inspector believes, on reasonable grounds, that a provision of this Act or the regulations has been or is being contravened, (b) with respect to any such premises or place, make such inquiries, investigations or searches as are necessary to ascertain whether the provisions of this Act and the regulations are being complied with, (c) request a person to produce for examination by the inspector any licence, approval or permit issued to the person under this Act or the regulations, or alleged by the person to have been so issued, and any books, papers or records required to be kept or made under this Act or the regulations by the person, (d) examine any article produced pursuant to paragraph (c) and make copies of or take extracts from any such article, (e) examine any equipment or materials used or kept for use in relation to the exhibition of an animal found at any such premises or place, (f) examine any animal found at any such premises or at the place, (g) seize or detain any animal in respect of which the inspector suspects, on reasonable grounds, that an offence against this Act or the regulations has been committed, (h) remove any animals seized under this Act, and any eggs of such animals, to such place as the inspector thinks fit, or cause them to be so removed, (i) seize any books, papers or records in the possession of the occupier of any such premises, and within that person’s power to deliver up, relating to any such suspected offence, (j) question any person in charge (within the meaning of section 22) of an animal found at any such premises or place and ask the person to answer any question put to the person in relation to the use of those premises or of that place, (k) require a person referred to in paragraph (j) to state the person’s full name and residential address to the inspector and (if the inspector suspects, on reasonable grounds, that a name or address so stated is false) require the person to produce evidence of the correctness of the name or address so stated, (l) when accompanied by a member of the police force, stop, detain and search any vehicle or vessel which is being used or which the inspector believes, on reasonable grounds, is being used for the carriage of animals in contravention of this Act or the regulations or the terms or conditions of any licence, approval or permit issued under this Act or the regulations, (m) by order in writing, direct a person who has failed to comply with this Act or the regulations or with the terms or conditions of a licence, approval or permit issued under this Act or the regulations to take, within such time as is stated, specified action to correct those matters in respect of which the non-compliance has occurred, (n) transport animals seized under this section to a place approved by the Secretary and obtain veterinary treatment for those animals, and (o) employ such assistance or force as is necessary in the exercise of the functions conferred or imposed on the inspector by or under this Act.
(1) In this section— authorised officer has the same meaning as it has in the. Law Enforcement (Powers and Responsibilities) Act 2002
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence. (2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, for or with respect to—
(a) the qualifications and functions of inspectors, (b) the procedures to be followed by the Secretary and advisory committee in relation to the investigation of applications made to the Secretary or referred to the advisory committee under this Act, (c) the records to be kept for the purposes of this Act, (d) the forms to be used under this Act or the regulations, (e) the fees and other charges which may be imposed under this Act or the regulations, (f) the issue, duration, transfer, renewal, cancellation and suspension of licences, approvals and permits under this Act or the regulations, (g) the terms and conditions of any such licence, approval or permit, and the variation of any such terms and conditions, (h) the exhibition of animals and the care of animals for which the holders of any such licences, approvals or permits are responsible, (i) (j) the identification of animals at licensed animal display establishments, or for which holders of approvals or permits are responsible, (k) the submission of itineraries and other returns with respect to circuses and other public entertainments involving the exhibition of animals, (l) bonds and other arrangements for the purposes of section 37, (m) without limiting the generality of paragraph (l), the deposit of, and payment of interest on, money deposited as a bond or paid under other arrangements for the purposes of section 37, and (n) the rehabilitation, return to their natural environment or escape of animals.
(Section 6 (6))
(Section 6 (7))
(Section 54)