2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Territory and Municipal Services)

2007

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Territory and Municipal Services)

An Act to amend the Domestic Animals Act 2000

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Domestic Animals Amendment Act 2007.

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

This Act amends the Domestic Animals Act 2000.

• s 15 (Tag offences)

• s 50A (Allowing dangerous dog to harass etc)

• s 74 (Dogs and cats to be de-sexed if over certain age)

• s 74A (Sale of older dogs and cats to be notified if not de-sexed)

• s 82 (Cats in breach of cat curfew)

• s 84 (Identification of dogs and cats—requirement)

• s 84A (Multiple cat licences—requirement to be licensed)

(1) The registration of a dog remains in force for the lifetime of the dog unless it is sooner surrendered or cancelled.

(2) Subsection (1) applies only in relation to the registration of a dog registered or renewed after the commencement of the Domestic Animals Amendment Act 2007, including the renewal of a registration of a dog registered before that commencement.

(3) Any other registration of a dog ends on the day stated on the registration certificate for the dog as the day the registration ends, unless it is sooner surrendered or cancelled.

(4) Subsections (2) and (3) and this subsection expire 1 year after the day they commence.

(3) This section applies only in relation to the registration of a dog registered before the commencement of the Domestic Animals Amendment Act 2007.

(4) This section expires 1 year after the day this subsection commences.

or renews the registration of

(6) In this section:

register a dog includes renew the registration of a dog.

(7) Subsection (6) and this subsection expire 1 year after the day they commence.

(1) The keeper or carer of a registered dog commits an offence if—

(a) the keeper or carer is with the dog on private premises (other than premises occupied by the keeper or carer); and

(b) the dog is not wearing its registration tag or another tag that shows its registration number.

Maximum penalty: 3 penalty units.

(2) The keeper or carer of a registered dog must not be in a public place with the dog if the dog is not wearing its registration tag or another tag that shows its registration number.

Maximum penalty: 3 penalty units.

(3) The keeper of a registered dog commits an offence if the dog—

(a) is in a public place or on private premises (other than premises occupied by the keeper); and

(b) is not with a carer; and

(c) is not wearing its registration tag or another tag that shows its registration number.

Maximum penalty: 3 penalty units.

(4) A person must not take off a dog the dog’s registration tag, or another tag that shows the dog’s registration number, if the person does not have the consent of the dog’s keeper.

Maximum penalty: 5 penalty units.

(5) The keeper of a dog must not allow the dog to wear—

(a) a registration tag that was not issued for the dog; or

(b) another tag that purports to show the dog’s registration number if the number is not the dog’s registration number.

Maximum penalty: 5 penalty units.

(6) An offence against this section is a strict liability offence.

(7) Subsections (1), (2) and (3) do not apply if the dog is not wearing its registration tag, or another tag that shows its registration number, on the advice of a veterinary surgeon given for the dog’s health or welfare.

A person

An adult

(2A) The registrar may approve the application only if the dog has been identified by implanted microchip.

However

Also

(1) The Minister may declare an area of land or water to be an area where dogs are prohibited.

(2) An area declared under subsection (1) may include all or part of an exercise area for stated animals.

(3) A declaration is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(3A) If the Minister declares a prohibited area, the Minister must erect a sign or signs identifying the area as a prohibited area.

the person

or animal

(1) The keeper of a dangerous dog commits an offence if—

(a) the keeper does or omits to do something; and

(b) the act or omission results in the dog attacking or harassing a person or animal.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

(2) This section does not apply if—

(a) the person or animal provoked the dog; or

(b) the person or animal was attacked or harassed because the dog came to the aid of its keeper, or another person or animal that the dog could reasonably be expected to protect; or

(c) the attack or harassment was on premises occupied by the defendant and—

(i) the person was on the premises without reasonable excuse; or

(ii) the person failed to take reasonable care for the person’s own safety.

(3) If the keeper of a dog is convicted, or found guilty, of an offence against this section the court must order that the dog be destroyed, unless satisfied there are special circumstances that justify not doing so.

(4) However, if the court is satisfied that there are special circumstances, the court must order that the dog and its keeper complete an approved course in behavioural or socialisation training for the dog.

section 50 (1) or (2) or section 51

section 50 (1) or (2), section 50A or section 51

(e) a court has ordered that the dog be destroyed under section 50 (4) (a) (Offences of attacking or harassing); or

(f) the keeper has contravened a condition under section 70 (4) (Returning seized dog to its keeper); or

(g) the keeper is disqualified from keeping the dog under section 138A (1) (Disqualification from keeping animals).

(ba) the premises where the dog will be kept are secure enough to prevent the dog escaping; and

offence was committed

dog was seized

(ba) the premises where the dog will be kept are secure enough to prevent the dog escaping; and

offence was committed

dog was seized

offence was committed

dog was seized

(1) A person must not keep a dog that has not been de-sexed if the person does not hold a permit for the dog.

Maximum penalty: 50 penalty units.

(2) A person must not keep a cat that has not been de-sexed if the person does not hold a permit for the cat.

Maximum penalty: 50 penalty units.

(3) An offence against this section is a strict liability offence.

(4) This section does not apply in relation to—

(a) a dog that is less than 6 months old or a cat that is less than 3 months old; or

(b) a dog or cat born before 21 June 2001.

(5) It is a defence to a prosecution for an offence against this section in relation to a dog or cat if—

(a) the defendant proves that it is less than 28 days since the day the dog or cat first came into the defendant’s possession; or

(b) the defendant proves that the defendant —

(i) carries on the business of offering dogs or cats for sale by retail; and

(ii) is keeping the dog or cat for the purpose of offering it for sale.

(1) A person commits an offence if—

(a) the person sells a dog or cat that has not been de-sexed; and

(b) the person believes, or ought reasonably to believe, that—

(i) in the case of a dog—the dog is 6 months old or older; or

(ii) in the case of a cat—the cat is 3 months old or older; and

(c) the person does not, within 3 working days after the day the person sells the dog or cat, tell the registrar in writing the name and address of the buyer.

Maximum penalty: 5 penalty units.

(2) Strict liability applies to subsection (1) (a) and (c).

cat

dog or

(1) A person commits an offence if—

(a) the person keeps 4 or more cats on 1 residential premises; and

(b) the person does not hold a multiple cat licence to keep the cats on the premises.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) This section does not apply to—

(a) a cat less than 84 days old; or

(b) a cat kept by the person for less than 28 days; or

(c) a person resident in the ACT for less than 28 days; or

(d) a cat that is an assistance animal; or

(e) a cat kept on land that is under a lease that allows for an animal care facility.

A person may apply to the registrar for a licence to keep 4 or more cats on 1 residential premises (a multiple cat licence).

(1) If an application for a multiple cat licence is made under section 84B, the registrar must—

(a) approve the issue of a licence; or

(b) refuse to approve the issue of a licence.

(2) The registrar must refuse to issue a multiple cat licence unless satisfied that the applicant can comply with the requirements of the Animal Welfare Act 1992 and any approved code of practice under that Act.

(3) In making a decision under this section, the registrar must consider the following:

(a) the number and kind of cats to which the application relates;

(b) the size and nature of the premises where the cats are proposed to be kept;

(c) the security of the premises;

(d) the suitability of facilities for keeping the cats on the premises;

(e) the potential impact on the occupiers of neighbouring premises;

(f) any conviction or finding of guilt of the applicant within the last 10 years against a law of a Territory or State for an offence relating to the welfare, keeping or control of an animal.

(4) Subsection (3) does not limit the matters the registrar may consider.

(1) The registrar may issue a multiple cat licence on conditions stated in the licence.

(2) In making a decision whether or not to impose a condition on a multiple cat licence, the registrar must consider the following:

(a) the number and kind of cats to which the application relates;

(b) the size and nature of the premises where it is proposed to keep the cats;

(c) the potential impact on the occupiers of neighbouring premises.

(3) The conditions may include there being sufficient shelter for each cat.

(4) Subsection (2) does not limit the matters the registrar may consider.

(1) The Minister may issue guidelines about the exercise of the registrar’s functions under this part.

(2) The registrar must comply with any guidelines under this section.

(3) A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(ja) refusing to release a dog under section 62 (2) (Releasing dogs seized under power relating to dangerous dogs or multiple dogs) or section 63 (2) (Releasing dogs seized under general seizure power) because the registrar is not satisfied that the premises where the dog will be kept are secure enough to prevent the dog escaping; or

(la) refusing to issue a multiple cat licence (section 84C (1) (b) (Multiple cat licences—approval or refusal)); or

(lb) issuing a multiple cat licence on conditions (section 84D (1) (Multiple cat licences—conditions)); or

(7) If the keeper of an animal is convicted or found guilty of an offence against subsection (6), the court may—

(a) decide to end the keeper’s disqualification and order the registrar to return the animal to the keeper; or

(b) order the registrar to destroy the animal or sell or otherwise dispose of the animal to a person other than the keeper or a person who lives with the keeper.

(3) Subsection (1) and this subsection expire 1 year after the day this subsection commences.

(1) The Minister may, in writing, approve codes of practice setting out the duties of owners, carers and keepers of domestic animals if the animals are kept on land in relation to which a residential lease has been granted.

• cats

• dogs

• pigs

• horses

• pigeons

• rabbits

• goats

• bees

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) An approved code of practice may apply, adopt or incorporate an instrument, as in force from time to time.

Note 1 The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2 A notifiable instrument must be notified under the Legislation Act.

(3) An approved code of practice is a disallowable instrument.

Note A disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act.

(4) In this section:

residential lease—see the Planning and Development Act 2006, section 226 (Definitions—ch 9).

(5) However, if the Planning and Development Act 2006 has not commenced, residential lease has the meaning given by the Land (Planning and Environment) Act 1991, section 159 (Definitions for pt 5).

(6) Subsection (5) and this subsection expire on the later of—

(a) the commencement of the Planning and Development Act 2006; and

(b) the commencement of this subsection.

(1) This section applies to an incorporated document, or an amendment of, or replacement for, an incorporated document.

Note For the meaning of incorporated document, see the dictionary.

(2) The chief executive must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of an administrative unit administered by the chief executive.

(3) In this section:

amendment, of an incorporated document—see section 143B (6).

replacement, for an incorporated document—see section 143B (6).

(1) This section applies to—

(a) an incorporated document; or

(b) an amendment of, or replacement for, an incorporated document.

a new edition of the incorporated document

Note 1 For the meaning of incorporated document, see the dictionary.

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2) The chief executive may prepare a written notice (an incorporated document notice) for the incorporated document, amendment or replacement that contains the following information:

(a) for an incorporated document—details of the document, including its title, author and date of publication;

(b) for an amendment—the date of publication of the amendment (or of the document as amended) and a brief summary of the effect of the amendment;

(c) for a replacement—details of the replacement, including its title, author and date of publication;

(d) for an incorporated document or any amendment or replacement—

(i) a date of effect (not earlier than the day after the day of notification of the notice); and

(ii) details of how access to inspect the document, amendment or replacement may be obtained under section 143A; and

(iii) details of how copies may be obtained, including an indication of whether there is a cost involved.

(3) An incorporated document notice is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(4) An incorporated document, and any amendment or replacement of an incorporated document, has no effect under this Act unless—

(a) an incorporated document notice is notified in relation to the document, amendment or replacement; or

(b) the document, amendment or replacement is notified under the Legislation Act, section 47 (6).

(5) The Legislation Act, section 47 (7) does not apply in relation to incorporated documents.

(6) In this section:

amendment, of an incorporated document, includes an amendment of a replacement for the incorporated document.

replacement, for an incorporated document, means—

(a) a document that replaces the incorporated document; or

(b) a document (an initial replacement) that replaces a document mentioned in paragraph (a); or

(c) a document (a further replacement) that replaces an initial replacement or any further replacement.

10 penalty units

20 penalty units

approved provider, for division 4.2 (Seizing cats and dealing with them)—see section 85.

incorporated document means an instrument applied, adopted or incorporated by a code of practice or another statutory instrument made or approved under this Act.

multiple cat licence means a licence under section 84C (1) (Multiple cat licences—approval or refusal).

residential premises means premises used exclusively or mainly for residential purposes, and includes a private room in, but not any other part of, a motel, hotel, hostel or guesthouse.

this part

this division

• section 85 (1) and (2)

• section 87 (1) (a)

• section 88

• section 89 (1)

• section 90

• section 91 (1)

• section 92 (1) and (5)

Presentation speech made in the Legislative Assembly on 2007.

Notified under the Legislation Act on 2007.

For the latest republication of amended laws, see www.legislation.act.gov.au.