2009 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Territory and Municipal Services) Domestic Animals Amendment Bill 2009 Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended 2 4 New section 55A 2 5 Seizure--attacking and harassing dogs Section 59 3 6 Seizure of cats Section 86 (2) 3 7 Sections 89 and 90 3 8 Returning seized cat to its keeper Section 92 (5) 4 9 Guidelines about returning seized cats Section 93 (1) 4 J2009-460 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page 10 Entry to premises for nuisance animal Section 114A (5) 4 11 Powers on entry Section 114B, note 4 12 Identity cards Section 124 (1) (b) 5 13 Search warrants Section 133 (5) 5 14 New section 158 5 15 Dictionary, definition of authorised officer 5 16 Further amendments, mentions of authorised officer 6 17 Further amendments, mentions of the officer 6 18 Further amendments, mentions of authorised officers 7 Schedule 1 Consequential amendments 8 Part 1.1 Domestic Animals Regulation 2001 8 Part 1.2 Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005 8 contents 2 Domestic Animals Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Minister for Territory and Municipal Services) Domestic Animals Amendment Bill 2009 A Bill for An Act to amend the Domestic Animals Act 2000, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2009-460 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the Domestic Animals Amendment Act 2009. 3 2 Commencement 4 This Act commences on the day after its notification day. 5 Note The naming and commencement provisions automatically commence on 6 the notification day (see Legislation Act, s 75 (1)). 7 3 Legislation amended 8 This Act amends the Domestic Animals Act 2000. 9 Note This Act also amends other legislation (see sch 1). 10 4 New section 55A 11 in division 2.6, insert 12 55A Access to information about dog attacks 13 (1) This section applies if-- 14 (a) the registrar is satisfied that a person (the victim) has suffered 15 injury or other loss because a dog has attacked or harassed the 16 victim or the victim's animal; and 17 (b) the registrar holds information about the attack or harassment; 18 and 19 (c) the information would help the victim identify the owner of the 20 dog. 21 (2) If an application is made by a relevant person to the registrar for 22 access to the information, the registrar must give the applicant the 23 information. 24 Note If a form is approved under s 147 for this provision, the form must be 25 used. page 2 Domestic Animals Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 (3) Each of the following is a relevant person: 2 (a) the victim; 3 (b) the victim's legal representative; 4 (c) if the victim does not have legal capacity--the victim's parent 5 or guardian; 6 (d) anyone the registrar reasonably believes is a person mentioned 7 in paragraph (a), (b) or (c). 8 5 Seizure--attacking and harassing dogs 9 Section 59 10 omit 11 the officer 12 substitute 13 the authorised person 14 6 Seizure of cats 15 Section 86 (2) 16 omit 17 the officer 18 substitute 19 the authorised person 20 7 Sections 89 and 90 21 omit 22 the officer or provider 23 substitute 24 the authorised person or approved provider Domestic Animals Amendment Bill 2009 page 3 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 8 Returning seized cat to its keeper 2 Section 92 (5) 3 omit 4 the officer 5 substitute 6 the authorised person 7 9 Guidelines about returning seized cats 8 Section 93 (1) 9 omit 10 authorised officer's 11 substitute 12 authorised person's 13 10 Entry to premises for nuisance animal 14 Section 114A (5) 15 omit 16 authorised officer's 17 substitute 18 authorised person's 19 11 Powers on entry 20 Section 114B, note 21 omit 22 the officer's 23 substitute 24 the authorised person's page 4 Domestic Animals Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 12 Identity cards 2 Section 124 (1) (b) 3 substitute 4 (b) the name of the person, or any unique number given to the 5 authorised person by the chief executive for this section; and 6 13 Search warrants 7 Section 133 (5) 8 omit 9 the officer 10 substitute 11 the authorised person 12 14 New section 158 13 insert 14 158 Authorised officers to continue to exercise functions 15 under Act--transitional 16 (1) A person appointed as an authorised officer under section 123 17 (Authorised people) before the commencement of the Domestic 18 Animals Amendment Act 2009 is taken to be an authorised person. 19 (2) This section expires 3 months after the day it commences. 20 (3) This is a provision to which the Legislation Act, section 88 (Repeal 21 does not end effect of transitional laws etc) applies. 22 15 Dictionary, definition of authorised officer 23 substitute 24 authorised person means an authorised person under section 123, 25 and includes the registrar and a deputy registrar. Domestic Animals Amendment Bill 2009 page 5 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 16 Further amendments, mentions of authorised officer 2 omit 3 authorised officer 4 substitute 5 authorised person 6 in 7 · section 45 (6) 8 · section 54 (1) 9 · sections 56 to 59 10 · section 79 11 · sections 86 and 87 12 · sections 89 to 93 13 · sections 114 to 114B 14 · sections 116 and 117 15 · sections 123 to 125 16 · sections 128 to 134 17 17 Further amendments, mentions of the officer 18 omit 19 the officer 20 substitute 21 the authorised person or police officer 22 in 23 · section 54 (1) 24 · sections 116 and 117 25 · section 134 (1) page 6 Domestic Animals Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 18 Further amendments, mentions of authorised officers 2 omit 3 authorised officers 4 substitute 5 authorised people 6 in 7 · section 123 heading 8 · division 9.2 heading 9 · dictionary, definition of connected 10 · dictionary, definition of enter 11 · dictionary, definition of offence Domestic Animals Amendment Bill 2009 page 7 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 Domestic Animals Regulation 2001 Amendment [1.1] 1 Schedule 1 Consequential amendments 2 (see s 3) 3 Part 1.1 Domestic Animals 4 Regulation 2001 5 [1.1] Section 15 heading 6 substitute 7 15 Identifying microchip to be implanted only by vet or 8 authorised identifier 9 Part 1.2 Magistrates Court (Domestic 10 Animals Infringement Notices) 11 Regulation 2005 12 [1.2] Section 14 13 omit 14 An authorised officer 15 substitute 16 A person appointed as an authorised person under the Domestic 17 Animals Act 2000, section 123 (Authorised people) 18 [1.3] Dictionary, definition of authorised officer 19 omit page 8 Domestic Animals Amendment Bill 2009 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2009. 2 Notification Notified under the Legislation Act on 2009. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2009 Domestic Animals Amendment Bill 2009 page 9 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au