122 Criteria

(1)

The Minister must, before declaring an organisation to be an approved organisation for the purposes of this Act, be satisfied, by the production to the Minister of suitable evidence, that—

(a)

one of the purposes or roles of the organisation concerns the welfare of animals or a particular species of animal; and

(b)

the accountability arrangements, financial arrangements, and management of the organisation are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and

(c)

the functions and powers of the organisation are not such that the organisation could face a conflict of interest if it were to have both those functions and powers and the functions and powers of an approved organisation; and

(d)

the employment contracts or arrangements between the organisation and the organisation’s inspectors and auxiliary officers are such that, having regard to the interests of the public, the organisation is suitable to be declared to be an approved organisation; and

(e)

the persons who may be recommended for appointment as inspectors or auxiliary officers—

(i)

will have the relevant technical expertise and experience to be able to exercise competently the powers, duties, and functions conferred or imposed on inspectors and auxiliary officers under this Act; and

(ii)

subject to section 126, will be properly answerable to the organisation.

(2)

The Minister may, in making a declaration under section 121, impose, as conditions of the Minister’s approval, conditions relating to the establishment by the organisation of performance standards and technical standards for inspectors and auxiliary officers.

(3)

The Minister may, in making a declaration under section 121, specify that the approval is given in respect of—

(a)

only the species specified in the declaration; or

(b)

all animals.

(4)

Nothing in this section obliges the Minister to make a declaration under section 121.

(5)

The Minister may, in making a declaration under section 121, impose, as conditions of the Minister’s approval, any other conditions or requirements that relate to the organisation’s performance of its functions and powers that he or she considers necessary or desirable.

Section 122(1)(a): replaced, on 10 May 2015, by section 43(1) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 122(3): inserted, on 10 May 2015, by section 43(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 122(4): inserted, on 10 May 2015, by section 43(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).

Section 122(5): inserted, on 10 May 2015, by section 43(2) of the Animal Welfare Amendment Act (No 2) 2015 (2015 No 49).