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COMPANION ANIMALS ACT 1998 - As at 13 January 2023 - Act 87 of 1998

- As at 13 January 2023 - Act 87 of 1998

Table 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 (Repealed)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 (Repealed)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

Division 2 - Permit scheme

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 (Repealed)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

  • 32A Nuisance dogs
  • 32B Procedure for issuing nuisance dog order

Division 1 - Declarations relating to dangerous and menacing dogs

Division 2 - Power of Local Court to declare dogs dangerous or menacing

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

Division 5 - Special restrictions for other dogs

Division 6 - Declaration of dogs as restricted dogs

Division 7 - Other provisions relating to dangerous, menacing and restricted dogs

PART 6 - ASSISTANCE ANIMALS

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

Division 2 - General

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

Division 4 - Arrangements about Register

  • 83J Agreements about Register
  • 83K Exchange of information with other Australian jurisdictions

Division 5 - Miscellaneous

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)

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