164 101 Repeal of Dog Act 164 102 Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007 164 103 Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007 165 104 Transitional provision—Primary Industries Legislation Amendment Act 2009 165 105 Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010 166 __________________ SCHEDULE—Registration Fees 167 1—DOGS 167 2—CATS 168 ENDNOTES 169 1. General Information 169 2. Table of Amendments 170 3. Explanatory Details 174
S. 1(f) amended by No. 74/2000 s. 3(Sch. 1 item 36.1). (f) payments to the Treasurer from fees received by Councils under this Act; and (g) other related matters. 2 Commencement s. 2 (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation within the period of 24 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period. 3 Definitions (1) In this Act— S. 3(1) def. of Appeals Tribunal repealed by No. 52/1998 s. 311(Sch. 1 item 21.1). * * * * * S. 3(1) def. of animal registry licence inserted by No. 65/2007 s. 5(2)(a). animal registry licence means a licence granted under section 63K;
S. 3(1) def. of authorised implanter inserted by No. 103/2003 s. 3(a). authorised implanter means a person— (a) who is qualified in accordance with section 63T; and (b) who is not a prohibited implanter; 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; S. 3(1) def. of breeding domestic animal business inserted by No. 75/2011 s. 3(3). breeding domestic animal business means a domestic animal business to which paragraph (b) of the definition of domestic animal business applies; S. 3(1) def. of community foster care network inserted by No. 75/2011 s. 3(3). community foster care network means an organisation that— (a) arranges temporary housing for cats or dogs in private residential premises instead of other premises; and (b) seeks permanent housing for the dogs or cats; 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 prescribed class of animal inserted by No. 65/2007 s. 5(2)(a). prescribed class of animal means any of the following— (a) dogs; (b) cats; (c) horses; (d) a class of animal prescribed by the regulations; S. 3(1) def. of prescribed identifying information inserted by No. 103/2003 s. 3(a), substituted by No. 65/2007 s. 5(2)(e). prescribed identifying information in relation to an animal of a prescribed class of animal, means information about the animal and the owner of the animal (within the meaning of Part 4A) the nature of which is prescribed; s. 3 S. 3(1) def. of prescribed permanent identification device inserted by No. 103/2003 s. 3(a). prescribed permanent identification device means a permanent identification device that is of a class of permanent identification devices that is prescribed by the regulations; 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;
(c) the organisation does not represent owners of dogs of a breed whose importation into Australia is prohibited under the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth. S. 5A(1A) inserted by No. 83/2001 s. 10(2). (1A) The Minister may declare, by notice published in the Government Gazette, that an organisation is a recognised organisation if— (a) the organisation has applied to the Minister to be declared a recognised organisation; and (b) the organisation represents the owners of restricted breed dogs; and (c) the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines. S. 5A(2) amended by No. 83/2001 s. 10(3). (2) An application to be an applicable organisation or a recognised organisation must include— (a) a copy of the organisation's annual report of the preceding year; and (b) the organisation's code of ethics and details of how the code is enforced; and (c) the outcome of any disciplinary action taken by the organisation for breaches of the ethics code during the preceding year; and (d) any other information required by the Minister. S. 6 amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 59.2). 6 Minister's power to delegate s. 6 The Minister may, in writing, delegate to any employee employed under the Public Administration Act 2004 in the administration of this Act all or any of the following powers— (a) his or her power to approve organisations under section 7;
Division 2—Procedures for registration 14 Application for registration or renewal of registration An application for registration or renewal of registration of a dog or cat must— (a) be made to the Council or an agent appointed by the Council; and (b) be in the form approved by the Council; and S. 14(c) substituted by No. 76/2005 s. 9(1). (c) be accompanied by— (i) the relevant fee fixed by the Council; and S. 14(c)(ii) amended by No. 76/2005 s. 9(2)(a). (ii) if relevant, evidence in a form required by the Council that the dog or cat is desexed; and S. 14(c)(iii) inserted by No. 76/2005 s. 9(2)(b). (iii) if relevant, evidence in a form required by the Council that the dog or cat is implanted with a prescribed permanent identification device. 15 Registration fees s. 15 (1) A Council must, by resolution, fix fees to be paid for registration or renewal of registration under this Part. (2) If a dog or cat is required to be registered for part only of a year, the Council may permit a pro rata fee to be paid for that registration which represents that proportion of the year for which the animal is registered. (3) A resolution under subsection (1) must adopt the principles set out in this section but may make provision for other matters including the circumstances in which a fee or part of a fee may be refunded.
S. 33A inserted by No. 76/2005 s. 14. 33A Council animal shelters and pounds must accept surrendered animals (1) A Council of a municipal district must accept any dog or cat kept in that municipal district which is given to the Council by the owner of the animal because the owner is no longer willing or able to care for that animal. (2) On the Council taking possession of a dog or cat under subsection (1)— (a) ownership in the dog or cat passes from the owner to the Council; and (b) the Council must deal with the dog or cat in accordance with this Act, the regulations and any relevant Code of Practice made under section 59. 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. 37(2) amended by Nos 69/2004 s. 25(2)(a)(c), 55/2011 s. 5(b). (2) The owner of a dangerous dog must notify the Council of the municipal district in which the dog is kept within 24 hours if— S. 37(2)(a) repealed by No. 83/2001 s. 26. * * * * * (b) the dog is missing; or S. 37(2)(ba) inserted by No. 69/2004 s. 25(2)(b). (ba) the owner's address changes; or S. 37(2)(bb) inserted by No. 69/2004 s. 25(2)(b). (bb) the place where the dog is kept changes; or (c) the ownership of the dog changes. Penalty: 20 penalty units. S. 38 amended by No. 87/2000 s. 19, substituted by No. 103/2003 s. 7. 38 Restraint of dangerous dogs when on owner's premises S. 38(1) amended by Nos 69/2004 s. 26, 55/2011 s. 6. s. 38 (1) When a dangerous dog is kept on residential premises of the owner of the dog, the owner must ensure that— (a) if the dog is inside any dwelling on the premises, it is confined in such a manner— (i) that it cannot escape; and (ii) that a person cannot enter the dwelling unless admitted by an occupier of the premises who is of or over 17 years of age; and
Second or subsequent offence 10 penalty units. S. 40 amended by No. 55/2011 s. 7. 40 Identification of dangerous dogs The owner of a dangerous dog must ensure that at all times the dog wears a collar of the kind prescribed. Penalty: 40 penalty units. 41 Restraint of dangerous dogs off the owner's premises S. 41(1) amended by Nos 65/2007 s. 15, 55/2011 s. 8. (1) If a dangerous dog is outside the premises of its owner and is not— (a) muzzled in a manner which is sufficient to prevent it causing injury by biting; and (b) under the effective control of some person by means of a chain, cord or leash— the owner of that dangerous dog and any person for the time being in charge of the dog are guilty of an offence and liable to a penalty of not more than 40 penalty units. (2) This section does not apply to a dangerous dog which is a guard dog while the dog is guarding non-residential premises. Pt 3 Div. 3A (Heading and ss 41A–41E) inserted by No. 87/2000 s. 20. Division 3A—Particular provisions for the control of menacing dogs
S. 41F(1A) inserted by No. 55/2011 s. 12(3). (1A) Notice given under subsection (1)(ac) must include details of the relationship between the new owner and the previous owner of the restricted breed dog. S. 41F(2) substituted by No. 55/2011 s. 12(3). (2) If a person proposes to sell or give a restricted breed dog to another person or otherwise transfer the ownership of the dog to another person, the person must, before doing so, advise the other person in writing that the dog is a restricted breed dog. Penalty: 5 penalty units. Note Section 41K prohibits a person from selling, giving or otherwise transferring ownership of a restricted breed dog except in certain circumstances. S. 41G inserted by No. 83/2001 s. 17, substituted by No. 103/2003 s. 8. 41G Restraint of restricted breed dogs when on owner's premises s. 41G S. 41G(1) amended by No. 55/2011 s. 13. (1) When a restricted breed dog is on the premises of the owner of the dog the owner must ensure that— (a) if the dog is inside any dwelling on the premises, it is confined in such a manner— (i) that it cannot escape; and (ii) that a person cannot enter the dwelling unless admitted by an occupier of the premises who is of or over 17 years of age; and (b) that there is on the premises, outside any dwelling, a prescribed enclosure; and (c) when the dog is not inside any dwelling on the premises, the dog is kept in a prescribed enclosure. Penalty: 20 penalty units.
S. 44AB inserted by No. 69/2004 s. 30. 44AB Secretary must keep register of dangerous, menacing and restricted breed dogs (1) The Secretary must keep a register of dangerous and menacing dogs and dogs that have been declared to be restricted breed dogs under this Act. (2) The register must— (a) be kept in accordance with the regulations; and (b) contain the information provided to the Secretary by a Council under sections 44AE, 44AG and 103 relating to dangerous and menacing dogs, dogs declared to be restricted breed dogs under this Act and the owners of those dogs. S. 44AC inserted by No. 69/2004 s. 30. 44AC Persons who may inspect the register (1) The following persons may, in accordance with the regulations, inspect information kept in the register— (a) the Secretary or a person employed in the Department acting in the course of his or her duties under this Act; (b) an authorised officer appointed under section 71 or 72 acting in the course of his or her duties under this Act; (c) a Council or a person engaged or employed by a Council acting in the course of his, her or its duties under this Act. (2) A person to whom any one of the following paragraphs applies may, in accordance with the regulations, inspect information kept in the register relating to a particular dog for the purpose set out in the paragraph which applies to that person— s. 44AC
S. 44AE(d)(i) amended by No. 44/2010 s. 14(a). (i) the end of the period during which a person may apply to the Victorian Civil and Administrative Tribunal for a review of the decision of the authorised officer to make the declaration; or S. 44AE(d)(ii) amended by No. 44/2010 s. 14(a). (ii) if the person applies to the Victorian Civil and Administrative Tribunal for a review of the decision to make the declaration— (A) the day the person withdraws or abandons the application; or S. 44AE(d) (ii)(B) amended by No. 44/2010 s. 14(b). (B) the day that the Victorian Civil and Administrative Tribunal dismisses, strikes out or otherwise terminates proceedings in relation to the application; or S. 44AE(d) (ii)(C) amended by No. 44/2010 s. 14(b). (C) the day that the Victorian Civil and Administrative Tribunal affirms the decision of the authorised officer to make the declaration— whichever occurs first. S. 44AEA inserted by No. 44/2010 s. 15. 44AEA Councils to provide details of dogs destroyed in certain circumstances to Secretary s. 44AEA A Council must provide to the Secretary the following information relating to a dog that has been destroyed under section 84TA, 84TB or 84TC— (a) the reasons for the dog being destroyed, including, in the case of a dog destroyed under section 84TA, the basis upon which an authorised officer formed the reasonable belief under section 84TA(1)(c); (b) the time and date of destruction of the dog;
S. 63K inserted by No. 103/2003 s. 9, substituted by No. 65/2007 s. 44(Sch. 1 item 9). 63K Grant of animal registry licence The Secretary may license a person to offer or provide an animal registry service. S. 63L (Heading) substituted by No. 65/2007 s. 44(Sch. 1 item 10(1)). S. 63L inserted by No. 103/2003 s. 9. 63L Application for an animal registry licence s. 63L S. 63L(1) amended by No. 65/2007 s. 44(Sch. 1 item 10(2)). (1) A person may apply to the Secretary for the grant of an animal registry licence. (2) An application under subsection (1)— (a) must include the prescribed particulars; and (b) must be accompanied by the prescribed fee. (3) An applicant must give the Secretary any further information relating to the application that the Secretary requests. S. 63M inserted by No. 103/2003 s. 9. 63M Duration of licences S. 63M(1) amended by No. 65/2007 s. 44(Sch. 1 item 11). (1) An animal registry licence remains in force for the period of years that is specified in the licence,
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; S. 74(1C)(ca) inserted by No. 75/2011 s. 9(4). (ca) a notice to comply issued under this Act; (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 (e) seize, examine or take copies of, or extracts from documents; or S. 74(2)(f) amended by No. 65/2007 s. 28(1). (f) seize and remove any animal in accordance with Division 2 of Part 7A.
(a) section 84H(3) is to be read as if the reference to "4 days" were a reference to "6 days"; and (b) section 84M(1) is to be read as if a reference to "8 days" were a reference to "10 days". S. 84TD inserted by No. 75/2011 s. 15. 84TD Disposal of dog or cat forfeited under section 82A s. 84TD A person or body to whom a dog or cat is forfeited under section 82A(4) must, within a reasonable time— (a) arrange for permanent housing of the dog or cat through an animal shelter; or (b) give the dog or cat to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb); or (c) if section 84O(4) applies, dispose of the dog or cat under that subsection. S. 84U inserted by No. 65/2007 s. 29. 84U Seized animal must be desexed before sold s. 84U If a Council, person or body proposes to sell a dog or cat that has been seized and that has not been desexed, the Council, person or body must ensure that the animal is desexed before it is sold. S. 84V inserted by No. 65/2007 s. 29. 84V Method of disposal of dogs or cats S. 84V(1) amended by No. 44/2010 s. 24. (1) If a Council, person or body is authorised under this Act to destroy a dog or cat, the Council, person or body must destroy the animal humanely. 5 penalty units. (2) A Council, person or body that is authorised under this Act to sell or destroy an animal may give that animal to any person or body that is willing to accept it and which has been approved by the Council of the municipal district in which the
(b) who is not authorised to do so by the owner or under this Act or any other Act— is guilty of an offence and liable to a penalty of not more than 3 penalty units. (2) A person who is guilty of an offence under subsection (1) of the destruction of an animal is liable to pay the owner of the animal the full value of the animal. s. 84ZA __________________ Pt 7 Div. 3 (Heading) substituted as Pt 7B (Heading) by No. 65/2007 s. 30. S. 85 amended by Nos 87/2000 s. 35, 103/2003 s. 20(as amended by No. 69/2004 s. 58), 69/2004 s. 32, 76/2005 s. 22, 32/2006 s. 94(Sch. item 11(1)), substituted by No. 65/2007 s. 31, amended by No. 35/2009 s. 25. 85 Power to serve infringement notice s. 85 (1) If an authorised officer of a class referred to in column one of the Table at the foot of this subsection has reason to believe that a person has committed an offence against a section of this Act set out in column 2 of the Table that corresponds to that class of authorised officer, he or she may serve an infringement notice on that person. S. 85(1) (Table) amended by No. 75/2011 s. 20. Table Column 1 Class of authorised officer Column 2 Sections of this Act
Authorised officer appointed under section 71 10, 12A(1), 12A(2), 20, 21, 22, 23, 24, 25, 26, 27, 32, 37(1C), 37(2), 38, 41D(b), 41D(ba), 41D(bb), 41D(c), 41E, 41EA, 41F, 41G, 63A, 63D, 63F, 63G, 63H(1), 63H(2), 63I(1), 63J(1), 96 Authorised officer appointed under section 71A 12A(2), 63A 63D, 63F, 63G, 63H(1), 63H(2), 63I(1), 63J(1) Authorised officer appointed under section 72 10, 12A(1), 12A(2), 20, 21, 22, 23, 24, 25, 26, 27, 29(5), 29(7), 32, 37(1C), 37(2), 38, 39, 41H, 41D(b), 41D(ba), 41D(bb), 41D(c), 41E, 41EA, 41F, 41G, 41I, 63A, 63J(1), 96 Authorised officer appointed under section 72A 10, 12A(1), 12A(2), 20, 21, 22, 23, 24, 25, 26, 27, 29(5), 29(7), 32, 38, 39, 41E, 41EA, 41G, 41H, 41I (2) If an authorised officer has reason to believe that a person has committed an offence against the regulations, which the officer has power to enforce under this Act, and the offence is prescribed in the regulations for the purposes of this Part, the officer may serve an infringement notice on that person. (3) An offence referred to in subsection (1) or (2) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 86 substituted by No. 87/2000 s. 36, repealed by No. 32/2006 s. 94(Sch. item 11(2)). * * * * *
New s. 98E inserted by No. 75/2011 s. 23. 98E Payments into the Fund There is to be paid into the Animal Welfare Fund those moneys appropriated for the purpose from the Consolidated Fund. New s. 98F inserted by No. 75/2011 s. 23. 98F Investment of money in the Fund Money in the Animal Welfare Fund may be invested in accordance with the Trustee Act 1958 or in any other manner that the Treasurer directs. New s. 98G inserted by No. 75/2011 s. 23. 98G Payment of money out of the Fund On the recommendation of the Minister, money may be paid out of the Animal Welfare Fund to any organisation that— (a) provides for the welfare of animals; or (b) provides an animal shelter; or (c) provides education on the responsible ownership of animals; or (d) provides a community foster care network in respect of dogs or cats; or (e) provides animal relief services and use of facilities during an emergency within the meaning of the Emergency Management Act 1986. _______________ 99 Supreme Court—Limitation of Jurisdiction s. 99 It is the intention of this section to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court from entertaining proceedings to the extent provided in sections 30(2) and 31(2).
(b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or S. 100(2A)(c) inserted by No. 76/2005 s. 24(b). (c) as amended from time to time. S. 100(3) amended by No. 78/2010 s. 24(Sch. 1 item 11.1). (3) The regulations may be disallowed in whole or in part by resolution of either House of Parliament. s. 100 S. 100(4) repealed by No. 78/2010 s. 24(Sch. 1 item 11.2). * * * * * _______________ 101 Repeal of Dog Act s. 101 The Dog Act 1970 is repealed. S. 102 substituted by Nos 87/2000 s. 38, 65/2007 s. 42. 102 Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007 (1) A reference in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind to the Domestic (Feral and Nuisance) Animals Act 1994 is deemed to be a reference to the Domestic Animals Act 1994 so far as it applies to any period on or after the commencement day, unless the contrary intention appears. (2) A domestic animals registry licence in force immediately before the commencement day is taken to be an animal registry licence. (3) If a horse has been implanted with a permanent identification device immediately before the