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 notice of seizure inserted by No. 65/2007 s. 5(1)(a). notice of seizure means a notice under section 84I; owner in respect of a dog or cat, includes a person who keeps or harbours the animal or has the animal in his or her care for the time being whether the animal is at large or in confinement; S. 3(1) def. of permanent identification device inserted by No. 103/2003 s. 3(a), amended by No. 65/2007 s. 5(2)(d). permanent identification device means a microchip or other electronic device that is capable of being permanently implanted in an animal of a prescribed class of animal and that is designed to record information in a manner that can be electronically retrieved; s. 3 S. 3(1) def. of pet shop substituted by No. 87/2000 s. 4(d). pet shop means a shop— (a) situated in a permanent location; and (b) open not less than 5 days a week, excluding a public holiday appointed under the Public Holidays Act 1993; and (c) where a dog, cat, rabbit, guinea pig, mouse, reptile, caged bird or any other similar animal of a class or kind prescribed by the regulations is offered for sale, sold or bought and sold; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 46.1). police officer has the same meaning as in the Victoria Police Act 2013;
S. 3(1) def. of serious injury inserted by No. 65/2007 s. 5(1)(a). serious injury means— (a) an injury requiring medical or veterinary attention in the nature of— (i) a broken bone; or (ii) a laceration; or (iii) a partial or total loss of sensation or function in a part of the body; or (b) an injury requiring cosmetic surgery; S. 3(1) def. of subordinate instrument repealed by No. 65/2007 s. 5(1)(b). * * * * * s. 3 vehicle includes a motor car, bus, bicycle, truck or motor cycle. S. 3(1) def. of veterinary practitioner inserted by No. 103/2003 s. 3(a). veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997. 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), 70/2013 s. 4(Sch. 2 item 11.2). (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 Environment and 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. 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; S. 6(aa) inserted by No. 83/2001 s. 11, repealed by No. 44/2010 s. 4. * * * * * S. 6(ab) inserted by No. 69/2004 s. 22(a), amended by Nos 29/2012 s. 11(1), 8/2014 s. 4(1). (ab) his or her power to appoint authorised officers under section 71; S. 6(b) amended by No. 69/2004 s. 22(b), repealed by No. 29/2012 s. 11(2), new s. 6(b) inserted by No. 8/2014 s. 4(2). (b) his or her power to register a premises under section 58C, including imposing terms, conditions, limitations or restrictions on that registration, but not including any powers under section 58H in relation to the registration of a premises. S. 6A inserted by No. 44/2010 s. 5. 6A Secretary's power to delegate The Secretary may, in writing, delegate to any employee employed under the Public Administration Act 2004 in the administration of this Act, all or any of his or her powers under this Act or the regulations, except this power to delegate.
district in which the dog or cat is kept, before the expiration of the current registration. 20 penalty units. S. 10(3) inserted by No. 83/2001 s. 12, amended by Nos 103/2003 s. 4, 76/2005 s. 4. (3) If a person is making an application under subsection (1) in relation to a dog, that person must include with the application a declaration as to whether or not the dog in respect of which the application is made is a restricted breed dog. 10 penalty units. S. 10(4) inserted by No. 75/2011 s. 4. (4) This section does not apply in relation to a dog or cat that is being kept at an animal shelter or Council pound that is a domestic animal business conducted on premises that are registered under section 47. S. 10A inserted by No. 76/2005 s. 5. 10A Council may refuse to register dogs and cats unless desexed (1) A Council may resolve that it will not, after a specified future date, register or renew the registration of a dog or cat unless the dog or cat— (a) is desexed; or (b) is exempted under this Act from any requirement to be desexed. (2) A Council may resolve to amend or revoke any resolution made under this section. (3) If a Council makes a resolution under this section— (a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and (b) it must give effect to the resolution.
(a) the maximum fee is to be payable in respect of a class of dog described in Column 1 of Part 1 of the Schedule or a class of cat described in Column 1 of Part 2 of the Schedule; (b) the reduced fee is to be payable in respect of a class of dog described in Column 2 of Part 1 of the Schedule or a class of cat described in Column 2 of Part 2 of the Schedule; s. 15 (c) in the case of a dangerous dog (that is not of a class of dangerous dog referred to in paragraph (d)), a menacing dog or a restricted breed dog, the fee payable must be no less than the amount of the maximum fee for a dog under paragraph (a); (d) the fee payable in respect of a dangerous dog in any of the following classes is to be the same amount as the maximum fee for a dog under paragraph (a)— (i) a dangerous dog that is kept as a guard dog for non-residential premises; or (ii) a dangerous dog that has undergone protection training in accordance with any relevant Code of Practice made under section 59. (5) In fixing a maximum fee for registration of dogs or cats, the Council must fix a fee which is at least 3 times greater than the reduced fee. (6) A Council must waive 50% of a registration fee which a person would otherwise be required to pay for a dog or cat under this section if that person— S. 15(6)(a) amended by No. 82/2004 s. 13(Sch. item 1). (a) is an eligible recipient within the meaning of the State Concessions Act 2004; and
(ii) is employed by a person who is conducting— a domestic animal business on premises that is registered under Part 4. 60 penalty units or imprisonment for 3 months. S. 29 amended by Nos 87/2000 s. 14, 83/2001 s. 25, substituted by Nos 65/2007 s. 12, 35/2009 s. 19. 29 Offences and liability relating to dog attacks s. 29 S. 29(1) amended by No. 55/2011 s. 4(1). (1) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units. S. 29(2) amended by No. 55/2011 s. 4(1). (2) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the owner of the dog, if not liable for the offence under subsection (1), is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units. S. 29(3) amended by Nos 44/2010 s. 10, 55/2011 s. 4(2). (3) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 40 penalty units.
S. 34(4) inserted by No. 69/2004 s. 24(2). (4) A declaration under this section— (a) has effect throughout ; and (b) cannot be revoked, amended or otherwise altered. S. 34A inserted by No. 87/2000 s. 16. 34A Dangerous dogs A dog is a dangerous dog if— (a) the dog is kept as a guard dog for the purpose of guarding non-residential premises; or (b) the dog has been trained to attack or bite any person or any thing when attached to or worn by a person. 35 Procedure for making declaration S. 35(1) repealed by No. 87/2000 s. 17. * * * * * (2) If the Council proposes that a dog be declared dangerous and the proposal does not arise from an application from the owner, the Council must— (a) notify the owner; and (b) allow the owner the opportunity to make both written and oral submissions to the Council. (3) The Council must consider any material submitted to it before making a declaration. 36 Council must give notice of a declaration to owner s. 34A (1) If the Council has made a declaration that a dog is dangerous it must serve written notice on the
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. 41A inserted by No. 87/2000 s. 20. 41A Declaration that a dog is a menacing dog s. 41A (1) A Council may declare a dog to be a menacing dog if— (a) the dog has rushed at or chased a person; or S. 41A(1)(ab) inserted by No. 44/2010 s. 12. (ab) the dog bites any person or animal causing injury to that person or animal that is not in the nature of a serious injury; or S. 41A(1)(b) amended by No. 69/2004 s. 27(1). (b) the dog has been declared a menacing dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division. (2) The Council must not make a declaration under subsection (1)(a) if the incident occurred because— (a) the dog was being teased, abused or assaulted; or (b) the person was trespassing on the premises on which the dog was kept; or
S. 41E(2) amended by No. 55/2011 s. 10. (2) The owner of a dog who does not comply with a requirement under subsection (1) is guilty of an offence and liable to a penalty of 16 penalty units. Pt 3 Div. 3B (Heading and ss 41F–41L) inserted by No. 83/2001 s. 17. Division 3B—Particular provisions for the control of restricted breed dogs S. 41EA inserted by No. 76/2005 s. 15, substituted by No. 44/2010 s. 13. s. 41EA 41EA Prohibition on keeping a restricted breed dog S. 41EA(1) amended by No. 55/2011 s. 11. (1) A person must not keep a restricted breed dog. Penalty: 40 penalty units. S. 41EA(2) substituted by No. 39/2011 s. 5. (2) Subsection (1) does not apply to a person who keeps a restricted breed dog— (a) that was in Victoria immediately before the commencement of the Domestic Animals Amendment (Dangerous Dogs) Act 2010; and (b) that 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.
S. 63P(1) amended by No. 65/2007 s. 44(Sch.1 item 14(2)). (1) If the Secretary is satisfied that there may be grounds for cancelling an animal registry licence under section 63R, the Secretary must serve notice that he or she proposes to cancel the licence on the licence holder either personally or by post. (2) A notice under subsection (1) must— (a) state that the Secretary is satisfied that there are grounds for the cancellation of the licence; and (b) set out those grounds; and (c) set out the time within which written submissions on the proposed cancellation of the licence must be made to the Secretary. S. 63Q inserted by No. 103/2003 s. 9. 63Q Making of submissions on proposal to cancel s. 63P S. 63Q(1) amended by No. 65/2007 s. 44(Sch. 1 item 15). (1) The holder of an animal registry licence who has been given a notice under section 63P may make written submissions on the proposal to cancel the licence. (2) Submissions made under subsection (1) must be made within the time fixed by the Secretary under section 63P(2)(c). S. 63R (Heading) substituted by No. 65/2007 s. 44(Sch. 1 item 16(1)). S. 63R inserted by No. 103/2003 s. 9. 63R Cancellation of an animal registry licence s. 63R (1) If, after considering any submissions made within the time fixed for making submissions under section 63P(2)(c), the Secretary is satisfied that— S. 63R(1)(a) amended by No. 65/2007 s. 44(Sch. 1 item 16(2)). (a) in the case of a licence holder who is a natural person, the licence holder is not a fit and proper person to hold an animal registry licence; or
section 72, to the Council that appointed the officer. S. 83 substituted by No. 65/2007 s. 29. 83 Seizure of dog or cat that does not comply with the registration requirements under Act An authorised officer of a Council may seize an unregistered dog or cat that is in the municipal district of the Council if the dog or cat is not able to be registered or have its registration renewed by the Council under this Act. S. 84 substituted by No. 65/2007 s. 29. 84 Seizure of dog or cat in certain circumstances s. 83 A person may seize a dog or cat if it is found in an area or in circumstances where the owner of the animal would be guilty of an offence under section 23, 24, 25 or 26. S. 84A inserted by No. 65/2007 s. 29. 84A Seizure of cat without current identification A person may seize a cat if— (a) it is found outside the owner's premises without current identification that has been issued by a Council; and (b) it appears to be over 3 months old. S. 84B inserted by No. 65/2007 s. 29. 84B Seizure of dog or cat after court order under section 84W (1) An authorised officer of a Council may seize a dog or cat if— (a) the Magistrates' Court has made an order under section 84W with respect to the owner of the dog or cat and the order has not been complied with; and (b) after the order has been made, the dog or cat that is the subject of the order is found outside the owner's premises in
Council must not commence the prosecution for that offence unless— (a) the owner has been served with a declaration made under section 98A; and S. 84Q(3)(b) amended by No. 44/2010 s. 22. (b) the declaration has been affirmed by a review by the Victorian Civil and Administrative Tribunal or an application for review of the declaration has not been made within the time fixed under Part 7E. S. 84R inserted by No. 65/2007 s. 29, amended by No. 75/2011 s. 14. 84R Council may require owner of animal to provide current address s. 84R If an authorised officer reasonably suspects that an owner of a dog seized under this Part has committed an offence set out in paragraph (a), (b), (ba), (bb) or (c) of section 84Q(2) and the Council does not have sufficient information about the owner to enable it to commence prosecution for the offence, the Council may require, in the notice of seizure, that the owner provide his or her current address to the Council within 14 days after service of that notice. S. 84S inserted by No. 65/2007 s. 29. 84S Council may destroy animals of non-identified dog owners suspected of committing an offence If an authorised officer reasonably suspects that an owner of a dog seized under this Part has committed an offence set out in paragraph (a), (b) or (c) of section 84Q(2) the Council may destroy the dog— (a) if the owner of the dog does not provide the Council with the owner's current address within 14 days after being served with a notice of seizure requiring that address to be provided, at any time after the expiry of that 14 day period; or (b) within 8 days after the dog was seized if—
(c) to dispose of the dog in accordance with the directions set out in the warrant. Note There are general provisions in sections 84EB, 84F and 84G that apply to search warrants issued under this Part. S. 84XC inserted by No. 8/2014 s. 25. s. 84XC 84XC Order under section 84XA may be suspended If the Magistrates' Court has made an order under section 84XA, it may suspend the order— (a) for any period which the Magistrates' Court considers necessary for the person subject to the order to make arrangements for the custody of a dog; or (b) pending the determination of an appeal against the order. S. 84XD inserted by No. 8/2014 s. 25. 84XD Person subject to order under section 84XA may apply for variation, suspension or revocation of order (1) A person who is subject to an order under section 84XA may apply to the Magistrates' Court for the variation, suspension or revocation of the order. (2) An application under subsection (1) may be made no earlier than 12 months after the order is made. S. 84XE inserted by No. 8/2014 s. 25. 84XE Power of Magistrates' Court to vary etc. order under section 84XA s. 84XE (1) On application under section 84XD, the Magistrates' Court may by order— (a) vary an order under section 84XA as specified, and from the date specified, in the order; or (b) suspend the order, from the date specified in the order, for a specified period; or
(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 (iii) persons who can access the records or obtain information from the records; and
(ii) the manner and procedures for the giving of any information to the Secretary required for the purposes of the register; and s. 100 (iii) the form of the register and the manner of keeping information, and the information, to be kept in the register; and (iv) persons or classes of person who may inspect (within the meaning of Part 3A) and obtain information from the register and the purposes for which inspections of the register may be made; and (v) the procedures (including the times and methods of inspection) relating to the inspection of information kept in the register and the obtaining of that information; and (vi) the fees that may be charged for obtaining information from the register and the persons or classes of person that are to be charged such fees; and S. 100(1)(fb) inserted by No. 65/2007 s. 41(4). (fb) prescribing infringement offences for the purposes of Part 7B; and S. 100(1)(fc) inserted by No. 65/2007 s. 41(4), amended by Nos 55/2011 s. 21(1), 75/2011 s. 24. (fc) prescribing, for the purposes of Part 7B, penalties not exceeding 12 penalty units or, in the case of an offence against section 63A that is committed by a body corporate, 60 penalty units for infringement offences; and (g) forms for the purposes of this Act; and (h) fees for the purposes of this Act; and