S. 3(1) def. of authorised officer substituted by No. 103/2003 s. 3(b). authorised officer means a person appointed as an authorised officer under section 71, 71A, 72 or 72A; board in relation to a dog or cat, means the taking of custody or possession of the dog or cat for keeping, accommodation, care, training or feeding for fee or reward; Council has the same meaning as in the Local Government Act 1989; S. 3(1) def. of dangerous dog substituted by No. 87/2000 s. 4(b). dangerous dog means— s. 3 (a) a dog which has been declared to be dangerous by a Council under Part 3; (b) a dog which by virtue of the operation of section 34A is a dangerous dog; S. 3(1) def. of Department substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 56/2003 s. 11(Sch. item 6.1). Department means the Department of Primary Industries; S. 3(1) def. of desexing inserted by No. 44/2010 s. 3(3). desexing in relation to a dog or cat means a surgical procedure to remove all or part of the reproductive organs of the dog or cat to prevent it breeding and to prevent or eliminate secondary sexual behaviours; S. 3(1) def. of domestic animal business amended by Nos 87/2000 s. 4(c), 76/2005 s. 3, 44/2010 s. 3(2). domestic animal business means— (a) an animal shelter, Council pound or pet shop; or (b) an enterprise that is run for profit which carries out all or any of the following activities—
S. 3(1) def. of prohibited implanter inserted by No. 103/2003 s. 3(a), amended by No. 65/2007 s. 5(2)(f). prohibited implanter means a person who is prohibited by the Secretary from implanting permanent identification devices in animals of prescribed classes of animal under Division 4 of Part 4A; proprietor in relation to a domestic animal business means the owner or occupier of the premises at which the business is conducted; S. 3(1) def. of recognised organisation inserted by No. 83/2001 s. 9. recognised organisation means an organisation declared to be a recognised organisation by the Minister under section 5A; S. 3(1) def. of restricted breed dog inserted by No. 83/2001 s. 9, substituted by No. 44/2010 s. 3(4). restricted breed dog means a dog that is any one of the following breeds— (a) Japanese Tosa; s. 3 (b) fila Brasiliero; (c) dogo Argentino; (d) Perro de Presa Canario (or Presa Canario); (e) American Pit Bull Terrier (or Pit Bull Terrier); S. 3(1) def. of rush at inserted by No. 87/2000 s. 4(e). rush at, in relation to a dog, means to approach a person to a distance of less than 3 metres in a menacing manner, displaying aggressive tendencies that may include snarling, growling and raised hackles; S. 3(1) def. of scan inserted by No. 44/2010 s. 3(5). scan means to pass a reader over the skin of an animal of a prescribed class of animal or a permanent identification device at a distance of no greater than 50 millimetres and at a sweep speed of no greater than 50 centimetres per second;
S. 3(2) amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 6.2), 108/2004 s. 117(1) (Sch. 3 item 59.2). (2) If, under the Public Administration Act 2004, the name of the Department is changed, the reference in the definition of Department in subsection (1) to the Department of Primary Industries is, from the date when the name is changed, to be taken to be the reference to the Department by its new name. S. 3(3) inserted by No. 44/2010 s. 3(6), amended by No. 39/2011 s. 3(1). (3) A dog that falls within an approved standard for a breed of dog specified in a paragraph of the definition of restricted breed dog is taken to be a dog of that breed. S. 3(4) inserted by No. 39/2011 s. 3(2). (4) For the purposes of subsection (3) an approved standard is a standard that has been approved by the Minister and published in the Government Gazette. S. 4 amended by No. 87/2000 s. 5. 4 Parent or guardian deemed to be owner s. 4 Where the owner of a dog or cat is under the age of 17 years, for the purposes of this Act, the parent or guardian of that person is deemed to be the owner. S. 5 amended by No. 87/2000 s. 6 (ILA s. 39B(1)). 5 Governor in Council exemptions (1) The Governor in Council may by order published in the Government Gazette exempt— (a) any animal or class of animal; or (b) any domestic animal business or class of domestic animal business— from the operation of all or any of the provisions of this Act. S. 5(2) inserted by No. 87/2000 s. 6. (2) The Governor in Council may impose conditions on an exemption that the Governor in Council considers to be appropriate in the circumstances.
S. 17(1AA) inserted by No. 65/2007 s. 8(1). (1AA) Subject to subsection (1A), a Council must not register a restricted breed dog. S. 17(1A) inserted by No. 76/2005 s. 12(3), substituted by Nos 65/2007 s. 8(2), 44/2010 s. 7, 39/2011 s. 4. (1A) A Council may register a dog as a restricted breed dog if— (a) the dog was in Victoria immediately before the commencement of the Domestic Animals Amendment (Dangerous Dogs) Act 2010; and (b) the dog was registered in Victoria immediately before the commencement of the Domestic Animals Amendment (Restricted Breeds) Act 2011. Note Under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device. S. 17(1B) inserted by No. 76/2005 s. 12(3). (1B) A Council may renew the registration of a restricted breed dog. S. 17(1C) inserted by No. 76/2005 s. 12(3). (1C) A Council may impose conditions on the registration or the renewal of the registration of a dog under subsection (1A) or (1B). S. 17(2) amended by Nos 83/2001 s. 14(b), 76/2005 s. 12(4), 65/2007 s. 8(3). (2) If the Council proposes to exercise a discretion not to register or renew the registration of a dangerous dog or a restricted breed dog that is able to be registered or have its registration renewed by the Council under this Act, the Council must— (a) notify the owner; and (b) allow the owner the opportunity to make both written and oral submissions to the Council.
(5) A notice under subsection (3) must be served either personally or by registered post. (6) A copy of a notice under subsection (3) must be given to the owner or occupier of the private property within 24 hours after the notice being served. (7) In this section, business day means a day other than— (a) a Saturday or Sunday; or (b) a public holiday appointed under the Public Holidays Act 1993. 24 Dogs found at large s. 24 S. 24(1) amended by Nos 87/2000 s. 11(a), 65/2007 s. 11(1), 44/2010 s. 9(1). (1) If a dog is found at large outside the premises of the owner or not securely confined to the owner's premises, between sunrise and sunset, the owner is guilty of an offence and liable to a penalty of not more than 6 penalty units. S. 24(2) amended by Nos 87/2000 s. 11(b), 65/2007 s. 11(1), 44/2010 s. 9(2). (2) If a dog is found at large outside the premises of the owner or not securely confined to the owner's premises between sunset and sunrise, the owner is guilty of an offence and liable to a penalty of not more than 10 penalty units. 25 Cats found at large S. 25(1) amended by Nos 76/2005 s. 13, 65/2007 s. 11(2). (1) If a cat is found at large outside the premises of the owner or not securely confined to the owner's premises, in a municipal district or a specified part of a municipal district in respect of which an order under this section has been made, during the hours specified in the order, the owner is guilty of an offence and liable to a penalty of not more than 1 penalty unit for a first offence and 3 penalty units for a second or subsequent offence.
Division 3—Particular provisions for the control of dangerous dogs 34 Council may declare a dog to be dangerous (1) A Council may declare a dog to be a dangerous dog— S. 34(1)(a) amended by Nos 87/2000 s. 15(a), 65/2007 s. 14(1). (a) if the dog has caused the death of or serious injury to a person or animal by biting or attacking that person or animal; or S. 34(1)(b) substituted by No. 87/2000 s. 15(b). (b) if the dog is a menacing dog and its owner has received at least 2 infringement notices in respect of the offence in section 41E; or S. 34(1)(c) amended by No. 69/2004 s. 24(1). (c) if the dog has been declared a dangerous dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division; or S. 34(1)(ca) inserted by No. 44/2010 s. 11. (ca) if there has been a finding of guilt or the serving of an infringement notice (which has not been withdrawn and the penalty has been paid under the Infringements Act 2006) in respect of 2 or more offences under section 29(5), (6), (7) or (8) in respect of the dog; or (d) for any other reason prescribed. (2) The Council must not make a declaration under subsection (1)(a) if the incident occurred— (a) because the dog was being teased, abused or assaulted; or (b) in the case of injury to a person, because the person was trespassing on the premises on which the dog was kept; or s. 34
S. 41J(5) amended by No. 55/2011 s. 17. (5) The holder of a permit must comply with the terms and conditions of the permit. Penalty: 10 penalty units. S. 41J(6) inserted by No. 65/2007 s. 18(4), amended by No. 55/2011 s. 17. (6) Any person who occupies premises in respect of which a permit is issued under subsection (2)(b) and who owns a restricted breed dog kept at the premises, must comply with the terms and conditions of the permit. Penalty: 10 penalty units. S. 41K inserted by No. 83/2001 s. 17, substituted by No. 55/2011 s. 18. 41K Prohibition on transfer of ownership of restricted breed dogs s. 41K (1) A person must not sell or transfer (whether by giving or otherwise) ownership of a restricted breed dog to another person. Penalty: 5 penalty units. (2) Subsection (1) does not apply if the person surrenders the dog to a Council or a person who provides pound services to a Council under an agreement with the Council under section 84Y so that the Council or that person may destroy the dog. (3) Subsection (1) does not apply if— (a) the owner of the dog has died; and (b) the dog was registered as a restricted breed dog or another breed of dog in Victoria immediately before the commencement of the Domestic Animals Amendment (Restricted Breeds) Act 2011; and (c) the person sells or transfers (by giving, or otherwise) ownership of the dog to the husband, wife, domestic partner, parent, child or sibling (a related person) of the owner of the dog and that related person is of or over the age of 17 years.
(d) revoke the registration of a premises. (2) The Minister may act under subsection (1) if he or she is satisfied that the Council— (a) has failed to comply with the Act, the regulations, any Code of Practice applying to the business, or the terms, conditions, limitations or restrictions on registration; or (b) has been found guilty of an offence under the Prevention of Cruelty to Animals Act 1986. S. 58I inserted by No. 87/2000 s. 26. 58I Minister to give notice If the Minister proposes to exercise his or her powers under section 58H, the Minister must give notice of that intention to the Council before acting under that section. S. 58J inserted by No. 87/2000 s. 26. 58J Minister to hear proprietor or applicant (1) Before acting under section 58H, the Minister must give the Council an opportunity to make both oral and written submissions to the Minister. (2) The Minister must take into consideration any submissions made to the Minister. S. 58K inserted by No. 87/2000 s. 26. 58K Notice of Minister's decision s. 58I (1) The Minister must serve notice of his or her decision on the Council, either in person or by registered post, within 7 days after the making of the decision. (2) The Minister must give reasons for his or her decision in the notice. Division 4—Codes of Practice 59 Making of Codes of Practice
Pt 4A (Heading) amended by No. 65/2007 s. 22. Pt 4A (Heading and ss 63B–63Z) inserted by No. 103/2003 s. 9. Division 1—General S. 63B inserted by No. 103/2003 s. 9, substituted by No. 65/2007 s. 23. 63B Definition s. 63B In this Part, owner means— (a) in relation to a dog or cat, the person who has applied for registration or renewal of registration of the dog or cat under section 10, or, if the dog or cat is not registered under section 10, the person who has legal ownership of the dog or cat; (b) in relation to a horse or any other animal of a prescribed class of animal, the person who has legal ownership of the animal. Division 2—Offences S. 63C inserted by No. 103/2003 s. 9, substituted by No. 65/2007 s. 24. 63C Offence to offer or provide animal registry service without a licence A person must not offer or provide an animal registry service unless that person is the holder of an animal registry licence. 60 penalty units. S. 63D inserted by No. 103/2003 s. 9. 63D Offence to sell etc. device that is not prescribed device A person must not sell, supply or implant a permanent identification device that is not a prescribed permanent identification device.
S. 69(2)(aa) inserted by No. 83/2001 s. 27(2). (aa) research into domestic animal management; and (b) the administration of this Act. 70 Due date for payments to the Treasurer Each Council must pay the money required to be paid to the Treasurer in respect of a financial year not later than 31 July next following the end of that year. _______________ Pt 7 (Heading) substituted by No. 65/2007 s. 26. Pt 7 Div. 1 (Heading) repealed by No. 65/2007 s. 27. * * * * * S. 71 substituted by No. 46/1998 s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 59.2). 71 Appointment of authorised officers s. 71 The Minister may by instrument appoint as authorised officers any specified employee or a specified class of employees employed under Part 3 of the Public Administration Act 2004. S. 71A inserted by No. 103/2003 s. 10 (as amended by No. 108/2004 s. 117(1) (Sch. 3 item 12.2)). 71A Appointment of persons who are not employees of the Department as authorised officers (1) The Minister may, by instrument, appoint a person who is not an employee employed under Part 3 of the Public Administration Act 2004, as an authorised officer, if the Minister is of the opinion that the person has particular qualifications or experience that are necessary to exercise the power the person is to be authorised to exercise.
S. 74(1B)(e) amended by No. 65/2007 s. 44(Sch. 1 item 21(c)(i)). (e) the conduct of animal registry services; or s. 74 S. 74(1B)(f) amended by No. 65/2007 s. 44(Sch. 1 item 21(c)(ii)). (f) implanters of permanent identification devices in animals of prescribed classes of animal— are being complied with. S. 74(1C) inserted by No. 44/2010 s. 18. (1C) For the avoidance of doubt, an authorised officer appointed by a Council under section 72 may scan an animal of a prescribed class of animal to find out whether the following are being complied with— (a) this Act; (b) the regulations; (c) any local law made under this Act by a Council; (d) any Code of Practice made under this Act. S. 74(2) amended by No. 103/2003 s. 13(3). (2) An authorised officer who is exercising a power under subsection (1), (1A) or (1B) may— S. 74(2)(a) amended by No. 83/2001 s. 28(a). (a) at any reasonable time and by any reasonable means and with any assistance which the authorised officer requires enter any building not occupied as a place of residence or any land or vehicle; or S. 74(2)(b) substituted by No. 83/2001 s. 28(b). (b) search the whole or any part of any building, land or vehicle entered under paragraph (a); or (c) inspect animals, enclosures or other goods; or s. 74 (d) ask questions; or
from entertaining proceedings to the extent provided in sections 30(2) and 31(2). 100 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the principles to apply to schemes for fees for the registration of dogs and cats; and S. 100(1)(ab) inserted by No. 44/2010 s. 29. (ab) prescribing a standard for restricted breed dogs for the purposes of section 3(3); and (b) the marking of dogs and cats to enable their identification or any other method of identifying dogs and cats; and S. 100(1)(ba) inserted by No. 103/2003 s. 27(1). (ba) prescribing classes of permanent identification devices; and S. 100(1)(bb) inserted by No. 103/2003 s. 27(1). (bb) prescribing the standards that are to apply to prescribed permanent identification devices and the scanning of such devices; and S. 100(1)(bc) inserted by No. 103/2003 s. 27(1). (bc) prescribing the methods of implantation of permanent identification devices, including the procedures and standards in the handling of animals being implanted with such devices; and S. 100(1)(bd) inserted by No. 103/2003 s. 27(1), amended by No. 65/2007 s. 41(1). (bd) in relation to the record keeping of holders of animal registry licences, providing for— (i) the content of, and procedures relating to, keeping the records of the licence holder; and (ii) access to and provision of information kept in the records; and
S. 100(1)(fc) inserted by No. 65/2007 s. 41(4), amended by No. 55/2011 s. 21(1). (fc) prescribing, for the purposes of Part 7B, penalties not exceeding 12 penalty units for infringement offences; and (g) forms for the purposes of this Act; and (h) fees for the purposes of this Act; and (i) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and S. 100(2)(c) amended by No. 103/2003 s. 27(2)(a). (c) may leave any matter to be approved or determined by the Minister, the Secretary or an authorised officer; and s. 100 S. 100(2)(ca) inserted by No. 103/2003 s. 27(2)(b). (ca) may confer discretionary authority or impose a duty on a specified person or a specified class of person; and S. 100(2)(cb) inserted by No. 103/2003 s. 27(2)(b). (cb) may provide in a specified case or a specified class of case for the exemption of a class of people or things from any provision of the regulations, whether unconditionally or on specified conditions and whether wholly or to such an extent as is specified in the regulations; and S. 100(2)(d) amended by Nos 65/2007 s. 41(5), 55/2011 s. 21(2). (d) may impose penalties not exceeding 20 penalty units for contravention of the regulations. S. 100(2A) inserted by No. 103/2003 s. 27(3). (2A) Regulations made under this Act may be made so as to apply, adopt or incorporate any matter
Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 11) on 1.1.11: s. 2(1) : This information relates only to the provision/s amending the Domestic Animals Act 1994 Endnotes Domestic Animals Amendment (Restricted Breeds) Act 2011, No. 39/2011 Assent Date: 31.8.11 Commencement Date: Ss 3–5 on 30.9.11: s. 2 : This information relates only to the provision/s amending the Domestic Animals Act 1994 Crimes and Domestic Animals Acts Amendment (Offences and Penalties) Act 2011, No. 55/2011 Assent Date: 2.11.11 Commencement Date: Ss 4–21 on 3.11.11: s. 2 : This information relates only to the provision/s amending the Domestic Animals Act 1994 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.