Clause 1 sets out the purposes of the Bill. The purposes of the Bill are—
 to amend the
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Racing Act 1958 to— further provide for the functions and the rules of
Greyhound Racing Victoria; and provide for changes to the constitution of
Greyhound Racing Victoria and the Greyhound
Racing Victoria Racing Appeals and
Disciplinary Board; and further provide for the functions of the Racing
Integrity Commissioner in relation to animal welfare; and further provide for the offences relating to greyhound races that involve the use of an animal as a lure; and further provide for enforcement powers under
Part III of the Racing Act 1958 ; and provide for use and disclosure of information; and provide for the appointment of an administrator to manage the greyhound racing industry in certain circumstances; and
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BILL LA INTRODUCTION 8/12/2015

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 to amend the Domestic Animals Act 1994 to—
 ensure that greyhounds registered with
Greyhound Racing Victoria are kept in accordance with the proposed greyhound code of practice made under the Domestic Animals
Act 1994 ; and
 insert an offence for non-compliance with the proposed greyhound code of practice; and
 require that Greyhound Racing Victoria makes payments to the Treasurer with respect to each registered Greyhound Racing Victoria greyhound to support the administration of the Domestic
Animals Act 1994 ; and to amend the Prevention of Cruelty to Animals
Act 1986 to extend the time limit for commencing proceedings for offences relating to baiting, luring and encouraging animals to fight.
Clause 2 provides for the commencement of the Bill.
Subclause (1) provides that the Bill comes into operation on a day or days to be proclaimed.
Subclause (2) provides that if a provision of the Bill does not come into operation before 1 August 2017, it comes into operation on that day.
New section 63AC provides power for the Minister to make of a code of practice relating to the keeping of GRV greyhounds and provides for what can be specified in such a code and for how the code may apply, adopt or incorporate matters in other documents.
New section 63AE(1) creates an offence for a person keeping a
GRV greyhound who does not comply with any code of practice relating to the keeping of GRV greyhounds.
The forced commencement date of 1 August 2017 has been set to ensure that there is adequate time to develop a code of practice relating to the keeping of GRV greyhounds prior to the commencement of offences relating to failure to comply with the code of practice.
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Clause 3 subclause (1) inserts new paragraph (ba) after section 37B(1)(b) of the Racing Act 1958 to provide for the Racing Integrity
Commissioner to conduct audits of the internal animal welfare processes and systems of each controlling body to the extent that they relate to integrity in racing.
Subclause (2) inserts new subparagraph (vi) into section
37B(1)(d) of the Racing Act 1958 to broaden the referral powers of the Racing Integrity Commissioner so that the Racing Integrity
Commissioner can refer complaints about the animal welfare processes and systems of a controlling body to a relevant government agency.
Clause 4 substitutes a new section 55 into the Racing Act 1958 to further provide for the offence relating to greyhound races that involve the use of an animal as a lure.
Clause 5 subclause (1) substitutes section 69(2)(b) and (c) of the Racing
Act 1958 with new section 69(2)(b) to provide that at least one of the members of the Board (defined in Part III to mean Greyhound
Racing Victoria) must have experience in animal welfare or ethics.
Subclause (2) inserts new section 69(3A) into the Racing
Act 1958 . That new section provides that the Minister may make a recommendation to appoint an individual to the Board if, in the Minister's opinion, the individual has the necessary skills, experience and knowledge to assist the Board to carry out its functions.
Clause 6 inserts new section 71A into the Racing Act 1958 .
New section 71A(1) enables the Governor in Council, on the recommendation of the Minister and by order published in the
Government Gazette, to appoint an administrator to manage the greyhound racing industry for the period of the administration.
New section 71A(2) enables the Minister to make a recommendation to appoint an administrator if, in the Minister's opinion, the Board (being Greyhound Racing Victoria) has failed to efficiently or competently manage the greyhound racing industry or if it is otherwise in the public interest to do so.
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New section 71A(3) provides that on appointment of an administrator members of the Board cease to hold office and that, subject to the order published in the Government Gazette, the administrator has all the functions and may exercise all the powers of the Board.
New section 71A(4) provides that an administrator is appointed for the period and subject to the terms and conditions specified in the instrument of appointment and is entitled to be paid any remuneration, travelling and other allowances that the Minister determines.
New section 71A(5) provides that an administrator ceases to hold office on the appointment of members to the Board or on the appointment of another administrator.
Clause 7 inserts new paragraphs (aba) and (abb) after section 75(ab) of the
Racing Act 1958 .
New section 75(aba) provides that the Board (being Greyhound
Racing Victoria) has a responsibility to promote and improve animal welfare within the greyhound racing industry.
New section 75(abb) provides that the Board (being Greyhound
Racing Victoria) has a responsibility to promote, and monitor compliance with, the rules of the Board.
Clause 8 amends section 77A(1) and (2) of the Racing Act 1958 to remove the requirement that a member of the Board or any officer authorised by the Board may only enter premises at a reasonable hour.
New subsection 77A(2A) provides that a member of the Board or any officer authorised by the Board may enter premises and exercise its powers under section 77A during the period commencing one hour before sunrise and ending one hour after sunset or at any other time if there are reasonable grounds for the
Board to believe that a person has or is contravening the Racing
Act 1958 or the rules at or on the premises.
Clause 9 inserts new section 78 into the Racing Act 1958 .
New section 78(1)(a) enables an authorised person to use information in the register kept by the Board relating to the registration of greyhounds and greyhound racing participants for the purposes of carrying out a function they are authorised to perform under the Domestic Animals Act 1994 .
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New section 78(1)(b) enables an authorised person to disclose any information in the register kept by the Board relating to the registration of greyhounds and greyhound racing participants to a person appointed as an authorised officer under section 71A or 72 of the Domestic Animals Act 1994 for the purposes of carrying out a function in relation to the enforcement of new
Part 4AA of that Act.
New section 78(2) defines the terms authorised person and register for the purposes of new section 78. An authorised person means a person authorised by the Board (Greyhound
Racing Victoria) under section 77A of the Racing Act 1958 who is appointed as an authorised officer under section 71A of the
Domestic Animals Act 1994 . The register means the register kept by the Board relating to the registration of greyhounds and greyhound racing participants.
Clause 10 subclause (1) inserts new section 82(1A)(ca) into the Racing
Act 1958 to provide that the Board (Greyhound Racing Victoria) may make rules for or with respect to the welfare of greyhounds.
Subclause (2) inserts a new note at the end of section 82(1A) of the Racing Act 1958 to refer to a new requirement under new section 69(3) of the Domestic Animals Act 1994 that Greyhound
Racing Victoria pay the Treasurer an annual payment for certain greyhounds for the purposes of the Domestic Animals Act 1994 .
Clause 11 amends section 83D(1) of the Racing Act 1958 to require that one member of the Greyhound Racing Victoria Racing Appeals and Disciplinary Board must have animal welfare or veterinary expertise.
Clause 12 inserts a new Part IX in the Racing Act 1958 to provide for the saving of the reconstituted Greyhound Racing Victoria despite the changes made to the membership of the Board by clause 5 of the Bill.
New section 104 inserts a definition of amending Act .
New section 105 provides that the Board is taken to be the same body as it was immediately before the commencement of clause 5 and that no decision, matter or thing is to be affected because of the amendments made by that section. The provision also provides that Board members continue in office on the same terms and conditions on which they held office immediately before that commencement.
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New section 106 provides that the Greyhound Racing Victoria
Racing Appeals and Disciplinary Board is taken to be the same body as it was immediately before the commencement of clause 11 and that no decision, matter or thing is to be affected because of the amendments made by that section. The provision also provides that Board members continue in office on the same terms and conditions on which they held office immediately before that commencement.
Clause 13 subclause (1) amends section 3(1) of the Domestic Animals
Act 1994 to remove from the ambit of what is a domestic animal business an enterprise which keeps a GRV greyhound.
Subclause (2) inserts definitions of business code of practice , greyhound code of practice , Greyhound Racing Victoria ,
GRV greyhound and keeping for the purposes of the new provisions being inserted by this Bill.
Clause 14 inserts a new Part 4AA in the Domestic Animals Act 1994 that relates to the keeping of GRV greyhounds. Keeping of a
GRV greyhound includes breeding, rearing, training, breaking, racing, boarding, and any other activity that involves the care of a
GRV greyhound.
New section 63AC provides power for the Minister to make a code of practice relating to the keeping of GRV greyhounds and provides for what can be specified in such a code and that the code may apply, adopt or incorporate matters in other documents.
New section 63AD provides for when a greyhound code comes into operation and requires that a greyhound code and any documents incorporated into the code are to be available for public inspection at the principal office of the Department of
Economic Development, Jobs, Transport and Resources and provides that a copy of the code may be purchased at that office for payment of a fee determined by the Minister.
New section 63AE(1) creates an offence for a person not keeping a GRV greyhound in compliance with any code of practice relating to the keeping of GRV greyhounds. The maximum penalty for the offence is 246 penalty units for an individual and
600 penalty units for a body corporate, consistent with the offence for non-compliance with a code of practice relating to a domestic animal business, to be defined by this Bill as a business code of practice . Subclause (2) of new section 63AE provides
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for how the offence provision applies in the case of a partnership or unincorporated body.
Clause 15 inserts new section 69(3), (4) and (5) into the Domestic Animals
Act 1994 to provide for Greyhound Racing Victoria to pay to the Treasurer an amount of $3.50 for each registration fee collected for the registration of a GRV greyhound whelped after
1 January 2011 and sets out the purposes for which the payments are to be used.
Clause 16 amends section 70 of the Domestic Animals Act 1994 to provide for the due date for payment by Greyhound Racing Victoria of the money to be paid to the Treasurer under new section 69(3).
The provision also makes a consequential amendment so that the existing requirement in section 70 that currently applies to a payment made to the Treasurer by a Council under section 69 will appropriately refer to a payment made under section 69(1).
Clause 17 provides that on the coming into operation of an item in
Schedule 1, the Domestic Animals Act 1994 is amended as provided for in that item in the Schedule.
Clause 18 makes a statute law revision to the Domestic Animals Act 1994 to correct a reference to the Prevention of Cruelty to Animals
Act 1986 .
Clause 19 amends section 41AC of the Prevention of Cruelty to Animals
Act 1986 to provide that the time for charging of an offence under section 13 of that Act, which relates to baiting and luring, be increased from 12 months to 3 years.
Clause 20 provides for the automatic repeal of the amending Act on
1 August 2018. The repeal of this Act does not effect in any way the continuing operation of the amendments made by the
Act (see Section 15(1) of the Interpretation of Legislation
Act 1984 ).
Items 1 to 13 make consequential amendments to sections 10B(1)(d),
15(4)(d)(ii), 33A(2)(b), 47(1A), 54(2)(a), 58(2)(a), 58H(2)(a), 59,
60, 62, 63 and 63A of the Domestic Animals Act 1994 to substitute references to a code of practice made under section 59 with the appropriate reference to a business code of practice .
A code of practice made under section 59 which is a code of
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practice relating to a domestic animal business has been defined by the Bill as a business code of practice so as to distinguish it from a code made in relation to the keeping of a GRV greyhound.
Item 14 Paragraphs (a) and (b) of this item make amendments to section 74(1) of the Domestic Animals Act 1994 which relates to powers of authorised officers appointed under section 71(1), to substitute reference to a code of practice to a "business code of practice" to ensure that these powers continue to only apply in relation to a code of practice relating to a domestic animal businesses and clarify that a notice to comply under section 74(1) does not include one that relates to new section 63AE.
Paragraphs (c) and (d) amend section 74(1A) of the Domestic
Animals Act 1994 which relates to a power of a inspector appointed under section 71A (which will be used to authorise
GRV inspectors) to ensure that the powers in that section apply also in relation to the proposed greyhound code of practice and the keeping of GRV greyhounds.
Paragraph (e) amends section 74(1B)(d) of the Domestic
Animals Act 1994 which relates to powers of Council appointed authorised officers to refer to business code of practice or greyhound code of practice.
Paragraph (f) amends section 74(1C)(d) to refer to both codes of practice.
Item 15 amends section 76A(3) of the Domestic Animals Act 1994 that provides for the issue of a notice to comply to refer to the offence of non compliance with the proposed greyhound code of practice inserted by clause 14 of this Bill (new section 63AE) and to refer to both codes of practice in subsection (3)(a).
Item 16 amends section 84O of the Domestic Animals Act 1994 which relates to the power to destroy or sell a dog in accordance with a code of practice made under section 59 where the dog is entitled to be recovered but has not been recovered, so that it also applies in relation to a greyhound code of practice.
Item 17 amends section 84Q of the Domestic Animals Act 1994 that relates to the prosecution of persons suspected of committing specified offences under that Act to include within the ambit of the provision the new offence of not complying with a greyhound code of practice (new section 63AE).
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Item 18 amends section 84WA of the Domestic Animals Act 1994 , which provides for the making of an order by the Court to prohibit a person from owning or keeping an animal on the finding of guilt for an offence under section 45 or 63A of the
Domestic Animals Act 1994 , to bring within the ambit of the provision the new offence of not complying with a greyhound code of practice (new section 63AE).
Item 19 amends section 85 of the Domestic Animals Act 1994 , which specifies offences for which an infringement notice may be issued, to include the new offence of not complying with a greyhound code of practice (new section 63AE). This is consistent with the offence of not complying with a business code of practice which is already an offence in respect of which an infringement notice may be issued.
Item 20 amends section 88 of the Domestic Animals Act 1994 to provide that the penalty to be paid in relation to the offence in new section 63AE for which an infringement notice has been issued must not exceed 60 penalty units, in line with the offence of not complying with a business code of practice (section 63A).
Item 21 amends section 100(1)(fc) of the Domestic Animals Act 1994 , which relates to regulation making powers, to provide that regulations can prescribe penalties for offences for which infringement notices may be served to be maximum penalty of
60 penalty units for the new offence in section 63AE if committed by a body corporate.
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