Australian Capital Territory Numbered Acts

DOMESTIC ANIMALS (RACING GREYHOUNDS) AMENDMENT ACT 2017 (NO. 44 OF 2017) - SECT 23

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Division 2.4A     Racing greyhounds

39A     Meaning of greyhound racing and racing greyhound

In this Act:

"greyhound racing" means 1 or more greyhounds racing in competitive pursuit, and includes—

        (a)     a greyhound trial or training race; and

        (b)     racing in a test of speed of 1 or more racing greyhounds.

Note     A person commits an offence if the person conducts or takes part in greyhound racing in the ACT—see the Animal Welfare Act 1992

, s 18A.

"racing greyhound" means a greyhound that is used or intended to be used for greyhound racing.

39B     Presumption greyhound is racing greyhound

    (1)     This section applies to a greyhound that is 6 months old or older.

    (2)     A greyhound is taken to be a racing greyhound unless the owner of the greyhound gives the registrar a statutory declaration stating that the greyhound is not used, and is not intended to be used, for greyhound racing.

Note 1     If a form is approved under s 147 for this provision, the form must be used.

Note 2     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code

, pt 3.4).

39C     Racing greyhounds—registration

    (1)     The owner of a racing greyhound may apply to the registrar to register the greyhound as a racing greyhound.

Note 1     If a form is approved under s 147 for this provision, the form must be used.

Note 2     A fee may be determined under s 144 for this provision.

    (2)     If the registrar receives an application under subsection (1), the registrar must—

        (a)     register the greyhound as a racing greyhound; or

        (b)     refuse to register the greyhound as a racing greyhound if the applicant is—

              (i)     disqualified from owning or keeping a racing greyhound (in the ACT or elsewhere); or

Note     Section 138A deals with the disqualification of a person from keeping an animal.

              (ii)     disqualified or suspended from participation in greyhound racing under a gaming law or a rule of racing or betting (in the ACT or elsewhere).

    (3)     The registration of a greyhound as a racing greyhound remains in force for 12 months unless sooner surrendered or cancelled.

39D     Offence—unregistered racing greyhound

    (1)     A person must not keep—

        (a)     an unregistered racing greyhound; or

        (b)     a registered racing greyhound if the person is not the registered keeper or licensed racing greyhound controller in relation to the greyhound.

Maximum penalty: 50 penalty units.

    (2)     Subsection (1) does not apply if—

        (a)     the dog is kept by the person for less than 28 days; or

        (b)     the person has been resident in the ACT for less than 28 days.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

    (3)     An offence against this section is a strict liability offence.

39E     Racing greyhounds—registration numbers etc

Section 11 (1), (2), (4) and (5) (Registration numbers, certificates and tags) and section 17 (Evidence of registration or
non-registration) apply to the registration of a racing greyhound.

39F     Racing greyhounds—cancellation of registration

The registrar must cancel the registration of a greyhound as a racing greyhound if—

        (a)     the registered keeper of the racing greyhound tells the registrar in writing that—

              (i)     the dog has died; or

              (ii)     the dog is no longer a racing greyhound; or

              (iii)     the person is no longer the owner of the dog; or

Note     For how documents may be given, see the Legislation Act

, pt 19.5.

        (b)     registration of the dog is cancelled under section 13 (Registration—cancellation); or

        (c)     the registered keeper of the dog is disqualified or suspended from participation in greyhound racing under a gaming law or a rule of racing or betting (in the ACT or elsewhere).

39G     Day-to-day control of racing greyhounds—requirement to be licensed

    (1)     A person commits an offence if the person—

        (a)     has the day-to-day control of a racing greyhound; and

        (b)     does not hold a racing greyhound controller licence.

Maximum penalty: 50 penalty units.

    (2)     A person commits an offence if the person—

        (a)     has the day-to-day control of a racing greyhound; and

        (b)     holds a racing greyhound controller licence; and

        (c)     does not comply with a condition of the licence.

Maximum penalty: 50 penalty units.

    (3)     Subsection (1) does not apply to a racing greyhound that is temporarily kept by a veterinary surgeon or at an animal boarding facility.

    (4)     An offence against this section is a strict liability offence.

    (5)     In this section:

"animal boarding facility"—

        (a)     means a kennel or other premises where animals are kept temporarily by a person other than the registered keeper or the person who has day-to-day control of the animal; and

        (b)     includes a facility used for the rescue and rehoming of greyhounds.

39H     Racing greyhound controller licences—applications

    (1)     A person may apply to the registrar for a licence to be a person in day-to-day control of 1 or more racing greyhounds (a racing greyhound controller licence ).

    (2)     The application must include—

        (a)     the applicant's name and address; and

        (b)     the address of the premises where the greyhound or greyhounds are to be kept; and

        (c)     if the greyhound or greyhounds are registered with a greyhound racing controlling body—the name of the body.

    (3)     In this section:

"greyhound racing controlling body" means a body established under a law of a State to conduct greyhound race meetings and greyhound racing within the State.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

39I     Racing greyhound controller licences—approval or refusal

    (1)     If an application for a racing greyhound controller licence is made under section 39H, the registrar must, by written notice to the applicant—

        (a)     approve the issue of the licence; or

        (b)     refuse to approve the issue of the licence.

    (2)     The registrar must refuse to issue a racing greyhound controller licence unless satisfied that—

        (a)     the yard in which the racing greyhounds will be kept and associated facilities are adequately ventilated and constructed in a way to allow them to be kept in a sanitary condition; and

        (b)     if the application is in relation to 4 or more racing greyhounds—appropriate arrangements exist for the sanitary disposal of waste; and

        (c)     the applicant can otherwise comply with the requirements of the Animal Welfare Act 1992

and any approved or mandatory code of practice under that Act; and

        (d)     any other requirement prescribed by regulation is met.

    (3)     In making a decision under this section, the registrar must consider the following:

        (a)     the number of other dogs kept by the applicant;

        (b)     the size and nature of the premises where the dogs are to be kept;

        (c)     the security of the premises;

        (d)     the suitability of facilities for keeping racing greyhounds on the premises;

        (e)     the potential impact on the occupiers of neighbouring premises;

        (f)     any conviction or finding of guilt of the applicant within the last 10 years against a law of a Territory or State for an offence relating to greyhound racing or the welfare, keeping or control of an animal;

        (g)     any disciplinary action taken against the applicant under a gaming law or a rule of racing or betting (in the ACT or elsewhere).

    (4)     Subsection (3) does not limit the matters the registrar may consider.

39J     Racing greyhound controller licences—conditions

    (1)     A racing greyhound controller licence is subject to—

        (a)     the condition that the licensee comply with any relevant mandatory code of practice under the Animal Welfare Act 1992

, section 23 (Mandatory code of practice); and

        (b)     any other condition imposed by the registrar when the licence is issued.

    (2)     In making a decision whether or not to impose a condition on a racing greyhound controller licence, the registrar must consider the following:

        (a)     the number of other dogs kept by the licensee;

        (b)     the size and nature of the premises where the dogs are to be kept;

        (c)     the potential impact on the occupiers of neighbouring premises.

    (3)     The conditions may include the following:

        (a)     the confining of each racing greyhound in a yard that will allow the racing greyhound adequate freedom of movement;

        (b)     no part of the yard being closer than 2m from a boundary fence;

        (c)     there being sufficient shelter for the racing greyhound.

    (4)     Subsection (2) does not limit the matters the registrar may consider.