COMPANION ANIMALS ACT 1998 - As at 13 January 2023 - Act 87 of 1998
- As at 13 January 2023 - Act 87 of 1998Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement 3. (Repealed)
- 3A Principal object of Act
- 4 Policy regarding animal welfare
- 5 Definitions
- 6 Meaning of "local authority"
- 6A General duties of councils
- 6B Duty to provide certain information to councils
- 7 Meaning of "owner"
PART 2 - COMPULSORY IDENTIFICATION AND REGISTRATION OF COMPANION ANIMALS
- 8 Identification required from 12 weeks of age and before sale
- 9 Registration required from age 6 months
- 10 Regulations may require registration 10A. (Repealed)
- 10B Notice requiring companion animal to be registered
- 11 Owner required to notify certain changes and events
- 11A Duties of councils in relation to companion animals killed by traffic
PART 2A - ANNUAL PERMITS FOR CERTAIN COMPANION ANIMALS
Division 1 - Requirement for permit
- 11B Annual permit required for cats that are not desexed
- 11C Annual permit required for dangerous dogs
- 11D Annual permit required for restricted dogs
- 11E Notice requiring permit for companion animal
- 11F Exemptions for animals in custody of rehoming organisations
- 11G Further exemptions
- 11H Continuing offences
Division 2 - Permit scheme
- 11I Application for permit
- 11J Issuing of permit
- 11K Conditions of permit
- 11L Term of permit
- 11M Sale of animal subject to permit
Division 3 - General
- 11N Regulations--permits
PART 3 - RESPONSIBILITIES FOR CONTROL OF DOGS
Division 1 - General responsibilities
- 12 Dog to wear collar and tag
- 12A Preventing dog from escaping
- 13 Responsibilities while dog in public place
- 14 Dogs prohibited in some public places
- 14A Dogs not prohibited in outdoor dining areas in certain circumstances
- 15 Certain breeds of dogs to be muzzled
- 16 Offences where dog attacks person or animal
- 17 Dog must not be encouraged to attack
- 18 Dog that has attacked or bitten may be secured or seized 19. (Repealed)
- 20 Dogs defecating in public place 21, 21A.
- 22 Action to protect persons and property against dogs
- 23 Disqualification from owning or being in charge of dog
- 24 Appeal against disqualification from owning or being in charge of dog
Division 2 - Liability for injury or death caused by dog
- 25 Liability for injury to person or damage to personal property
- 26 Continuation of liability when person dies from dog attack
- 27 Liability for injury to animal
- 28 Contributory negligence
PART 4 - RESPONSIBILITIES FOR CONTROL OF CATS
- 29 Cats must have form of identification
- 30 Cats prohibited in some public places
- 31 Nuisance cats
- 31A Procedure for issuing nuisance cat order
- 32 Action to protect persons and animals against cats
PART 5 - SPECIAL PROVISIONS RELATING TO CONTROL OF DOGS
Division 1A - Nuisance dogs
Division 1 - Declarations relating to dangerous and menacing dogs
- 33 Meaning of "dangerous"
- 33A Meaning of "menacing" and "menacing breed or kind of dog"
- 34 Authorised officer may declare dog to be dangerous dog or menacing dog
- 35 Owner to be notified of proposed declaration
- 36 Obligations of owner when notified of proposed declaration
- 37 Authorised officer must consider dog owner's objections
- 38 Authorised officer to notify dog owner of decision and consequences
- 39 Council can revoke declaration
- 40 Departmental Chief Executive to be notified of making or revocation of declaration
- 41 Appeal to Local Court regarding dangerous dog declarations
- 42 Determination of appeals by Local Court 43. (Repealed)
Division 2 - Power of Local Court to declare dogs dangerous or menacing
- 44 Local Court has power to declare dog to be dangerous or menacing dog
- 45 When Local Court can declare dog to be dangerous or menacing dog
- 46 Revocation of Local Court declaration
Division 3 - Powers of Courts to make destruction and control orders
- 47 Control orders
- 48 Destruction orders
- 49 Failure to comply with destruction or control order
- 50 Ancillary orders to enable destruction order to be carried out
Division 4 - Responsibilities of owners of dangerous or menacing dogs
- 51 Owner of dangerous or menacing dog must comply with control requirements
- 52 Dangerous or menacing dog may be seized if control requirements not complied with
- 52A Prohibition on selling dangerous or menacing dog or proposed dangerous or menacing dog
- 52B Prohibition on accepting ownership of dangerous or menacing dog or proposed dangerous or menacing dog
- 53 Inconsistency with agreements
- 54 Civil liability of owner of dangerous or menacing dog
Division 5 - Special restrictions for other dogs
- 55 Interpretation
- 56 Owner of restricted dog must comply with control requirements
- 57 Restricted dog may be seized if control requirements not complied with
- 57A Prohibition on selling restricted dog or proposed restricted dog
- 57B Prohibition on accepting ownership of restricted dog or proposed restricted dog
- 57C Prohibition on breeding restricted dog or proposed restricted dog
- 57D Declared restricted dogs may be seized and destroyed after transition period
- 58 Civil liability of owner of restricted dog
Division 6 - Declaration of dogs as restricted dogs
- 58A Notice of intention to declare dog to be restricted dog
- 58B Obligations of owner when notified of proposed restricted dog declaration
- 58C Authorised officer may declare dog to be restricted dog
- 58D Authorised officer to notify dog owner of decision and consequences
- 58DA Departmental Chief Executive to be notified of making or revocation of declaration
- 58E Protection from liability of assessors
- 58F Persons authorised to provide certain information to councils
Division 7 - Other provisions relating to dangerous, menacing and restricted dogs
- 58G Power to seize and destroy dangerous, menacing or restricted dog in certain circumstances
- 58H Certificate of compliance required for dangerous and restricted dog enclosures
- 58I Miscellaneous provisions relating to declarations
PART 6 - ASSISTANCE ANIMALS
- 59 Person with a disability entitled to be accompanied by assistance animal
- 60 Assistance animal not to be denied entry
- 61 Unlawful to impose charge for entry of assistance animal
PART 7 - PROCEDURES FOR DEALING WITH SEIZED OR SURRENDERED ANIMALS
Note- 62A Interpretation
- 62 Seized animals must be delivered to owner, council pound or approved premises
- 63 Owner of seized or surrendered animal to be notified
- 63A Seized animals detained at approved premises
- 64 Unclaimed seized or surrendered animal may be sold or destroyed
- 64A Animals surrendered by owners may be sold or destroyed
- 64B Rehoming seized or surrendered animals
- 65 Fees and charges payable when animal detained or held
- 66 Owner not entitled to compensation for sale of animal
- 67 Recovery of fees and charges when animal destroyed
- 67A Reporting on pound activities
- 68 Offence of rescuing seized animal
- 69 Protection of council and council officers
PART 7A - ENFORCEMENT POWERS
Division 1 - Powers of entry
- 69A Powers of authorised officers to enter property
- 69B Powers of authorised officers to do things on entered property
- 69C Use of assistants and reasonable force
- 69D Search warrants
Division 2 - General
- 69E Power to ascertain identification information of companion animals
- 69F Identification of authorised officers of councils
- 69G Requirement to state name and address
- 69H Obstructing authorised officer
PART 8 - IDENTIFICATION AND REGISTRATION PROCEDURES
- 70 Identification
- 71 Registration
- 72 Certificate of registration 73-75. (Repealed)
- 76 Interfering with identification of animal 77. (Repealed)
PART 9 - THE REGISTER OF COMPANION ANIMALS
Division 1 - Preliminary
Division 2 - Keeping of Register
Division 3 - Access to Register
- 81 Access to Register to be provided free of charge
- 82 Limited access by owners of companion animals
- 83 Limited access by members of public
- 83A Unrestricted access by Minister
- 83B General access by Secretary of Department of Industry and persons authorised by that Secretary
- 83C General access by certain employees of local authorities
- 83D Limited access by contractors approved by local councils
- 83E Limited access by veterinary practitioners or their employees
- 83F Departmental Chief Executive may approve other persons to access the Register
- 83G Regulations can authorise general or limited access by other specified officers and persons
- 83H Regulations--access to Register
- 83I Departmental Chief Executive may issue guidelines about access to Register
Division 4 - Arrangements about Register
Division 5 - Miscellaneous
- 83L Certificates relating to Register
- 83M Allocation of breeder identification numbers
- 83N Allocation of rehoming organisation numbers
PART 10 - COMPANION ANIMALS FUND
PART 11 - GENERAL
- 86A Ear-marking or tattooing of animals
- 87 Act binds Crown
- 88 Delegation by Departmental Chief Executive
- 88A Advisory committees
- 88B Designation of organisations as rehoming organisations
- 89 Confidentiality of certain information 90, 91. (Repealed)
- 92 Penalty notices
- 93 Proceedings for offences
- 94 Double jeopardy
- 95 Fees and charges
- 95A How notice is to be given to owners
- 96 Regulations
- 97 Review of Act
- 98 Savings and transitional provisions 99. (Repealed) Schedule 2 (Repealed)
- SCHEDULE 3 Schedule 4 (Repealed)