Dog Control Amendment Act 2004

1: Title
1: This Act is the Dog Control Amendment Act 2004.
2: In this Act, the Dog Control Act 1996 the principal Act
2: Commencement
1: Sections 10 11
2: Section 24 section 69A(3)
3: Section 24 section 69A(3)
3: Power of dog control officer or dog ranger to feed and shelter dogs
1: Section 15(3)(a) property land or premises
2: Section 15(4) property land or premises
4: Classification of probationary owners
Section 21
5: This section applies only if section 25(1A)
5: Territorial authority may require probationary owner to undertake training
1: Section 23A section 21(1) section 21
2: Section 23A subsection (2)
2: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who, without reasonable excuse, fails to comply with a requirement under subsection (1)
6: Obligation of probationary owners to dispose of unregistered dogs
Section 24
5: Every person commits an offence and is liable on summary conviction to a fine not exceeding $3,000 who—
a: fails to comply with subsection (1)
b: fails, in disposing of a dog under subsection (1) subsection (2)
c: at any time while classified as a probationary owner becomes the registered owner of a dog (unless the person was the registered owner of the dog on the date of the offence or the date of the third infringement offence in respect of which the classification was made under section 21
d: disposes or gives custody or possession of any dog to any person, knowing that the person is disqualified under section 25
7: Disqualification of owners
1: Section 25(1) , unless it is satisfied that the circumstances of an offence or offences do not warrant disqualification or probationary ownership,
2: Section 25 subsection (1)
1A: Subsection (1)
a: disqualification is not warranted; or
b: the territorial authority will instead classify the person as a probationary owner under section 21
8: Maintenance of records and provision of information
1: Section 30(2) Every Subject to subsection (6)
2: Section 30 subsection (5)
5: A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A
6: A territorial authority that complies with subsection (5) subsection (2) section 35A(2)
9: Effect of classification as dangerous dog
1: Section 32(1)(d) paragraph (c) paragraph (c)(i)
2: Section 32(1)(e) dangerous dog: dangerous dog; and
10: Territorial authority may classify dog as menacing
Section 33A(3) written notice in the prescribed form
11: Dogs belonging to breed or type listed in
Schedule 4 Section 33C(2) written notice in the prescribed form
12: Effect of classification as menacing dog
Section 33E(5) or controlled on a leash
13: Dogs register
Section 34 subsection (6)
6: A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A
14: Supply of register information
1: Section 35(2) Where Subject to subsection (6)
2: Section 35
6: A territorial authority that complies with section 34(6) subsection (2)(c) section 35A(2)
15: New
sections 35A 35AB The principal Act is amended by repealing section 35A
35A: National dog control information database
1: For the purposes of compiling and maintaining a national dog control information database, a territorial authority must provide to a person or organisation nominated by the Secretary for Local Government, in electronic form, the information that the territorial authority is required to keep under sections 30(1) and 34(2)(a) to (h)
2: For the purpose of sections 30(2) and 35(2)(c)
a: the person or organisation responsible for the database must be treated as if the person or organisation were a territorial authority; and
b: the information that the person or organisation holds under subsection (1) sections 30 and 35
c: the person or organisation must be treated as if the person or organisation were permitted to disclose the information it holds only—
i: to any other territorial authority; and
ii: by either—
A: disclosing the information to the territorial authority in accordance with sections 30(2) and 35(2)(c)
B: allowing the territorial authority to access the information directly from the person's or organisation's database.
3: Despite subsection (2)
35AB: National dog control information database may contain additional information supplied by territorial authority
1: The person or organisation responsible for the national dog control information database under section 35A
a: holds under section 34(2)(i)
b: chooses to provide to the person or organisation.
2: Without limiting the information that the person or organisation reponsible for the database may include in the database under subsection (1)
a: any dog identifier used by the territorial authority:
b: the year a dog is born:
c: the year a dog dies:
d: contact details of a dog owner.
3: Any information provided under this section to the person or organisation responsible for the database is subject to the same limits on disclosure by the person or organisation as the information provided to the person or organisation under section 35A
16: Application for registration
Section 36(3) Except as provided in section 43 of this Act Where
17: Microchip transponder must be implanted in certain dogs
1: Section 36A subsection (3)
3: Subsection (2)
a: for a dog that is classified as dangerous or menacing, by making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location:
b: for a dog that is registered for the first time on or after 1 July 2006, by—
i: making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
ii: providing to the territorial authority a certificate issued by a registered veterinary surgeon certifying—
A: that the dog is or has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
B: that, for the reasons that are specified in the certificate, the dog will not be in a fit condition to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed location before a date specified in the certificate.
3A: A certificate issued by a registered veterinary surgeon under subsection (3)(b)(ii)
a: the unique identifier of the microchip transponder (if subsection (3)(b)(ii)(A)
b: the name and sex of the dog; and
c: a physical description of the dog, which may include the breed, the colour, and any distinguishing marks; and
d: if the dog is registered, the registration number of the label or disc issued for the dog; and
e: the name, date of birth, and address of the owner of the dog.
2: Section 36A subsection (5)
5: The owner must comply with subsection (2)
a: within 2 months from 1 July 2006, if the dog is classified as dangerous or menacing on or after 1 December 2003 but before 1 July 2006; or
b: within 2 months after the date on which the dog is classified as dangerous or menacing or is registered (as the case may be), in any other case.
5A: Subsection (2)
a: as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
b: in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.
18: Offence of failing to register dog
Section 42 subsection (3)
3: This section does not apply to any person operating a pound or facility, or having custody of an unregistered dog for the purposes of—
a: impounding the dog under this Act; or
b: confining the dog in a transitional facility or containment facility approved under section 39 of the Biosecurity Act 1993
c: keeping the dog in the custody of a society established to prevent cruelty to animals pending the dog's—
i: recovery by its owner; or
ii: disposal to a new owner.
4: However,—
a: a person to whom subsection (3)(a) section 69A
b: a person to whom subsection (3)(b) or subsection (3)(c)
19: Section 43 Section 43
20: Owner must use or carry leash in public
1: Section 54A subsection (1)
1: The owner of a dog must carry a leash when in a public place if—
a: the dog is with the owner; and
b: the dog is not otherwise required to be controlled on a leash by or under this Act or any other enactment.
2: Section 54A(3) in relation to the working dog
21: Allowing dogs known to be dangerous to be at large unmuzzled
1: Section 62(3) (4) subsection (1) subsection (2)
2: Section 62(5) subsection (2) subsection (3)
22: Infringement offences
Section 65(1) the First Schedule to this Act Schedule 1
23: Infringement notices
Section 66(4)(b) the First Schedule to this Act Schedule 1
24: New
section 69A The principal Act is amended by repealing section 69A
69A: Impounded dog must be microchipped and registered before release
1: A registered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
2: Subsection (1)
3: An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being registered under this Act.
4: An unregistered dog that has been impounded by a territorial authority under this Act may not be released to any person (other than for the purposes of destroying it) without first being implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
5: Subsections (1) and (4)
a: as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
b: in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.
25: New
section 72A The principal Act is amended by inserting, after section 72
72A: Power of dog control officer or dog ranger to seize released dog
A dog control officer or dog ranger may—
a: seize and impound a dog that has been released or uplifted in breach of section 72
b: retain custody of the dog until the dog control officer, dog ranger, or territorial authority (as the case may be) is satisfied that the requirements under this Act in relation to the initial impounding of the dog have been complied with.
26: New
Schedule 1 The principal Act is amended by repealing Schedule 1
27: Consequential amendments to
Dog Control Amendment Act 2003
1: Section 42 Dog Control Amendment Act 2003
2: Section 2(2) Dog Control Amendment Act 2003 Sections 24 Section 24