COMPANION ANIMALS ACT 1998 - SCHEDULE 3

COMPANION ANIMALS ACT 1998 - SCHEDULE 3

SCHEDULE 3 – Savings and transitional provisions

(Section 98)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2 Definition

In this Schedule--


"Dog Act" means the Dog Act 1966 as in force immediately before the commencement of this clause.

Part 2 - Phasing-in of registration

3 Special provision for dogs registered under the Dog Act

(1) This clause applies to dogs registered under the Dog Act immediately before the commencement of this clause. This clause ceases to apply to a dog that becomes registered under this Act or that ceases to be registered under the Dog Act.

(2) The provisions of the Dog Act and the regulations under the Dog Act continue in force (as if they had not been repealed) for the purposes of enabling a dog to which this clause applies to be registered under the Dog Act during the
"transition period" .

(3) The transition period is the period of 3 years that starts on the commencement of this clause. The regulations may change the transition period to any other period not shorter than 1 year and not longer than 5 years, either for all dogs to which this clause applies or for dogs of a particular class or description.

(4) Section 8 (Identification required from 12 weeks of age and before sale) and section 9 (Registration required from age 6 months) of this Act do not apply during the transition period in respect of a dog while it is registered under the Dog Act as provided by this clause.

Note : This clause does not prevent a dog to which this clause applies being registered under this Act either immediately or at any time during the transition period. A dog to which this clause applies will have to be registered under this Act before it can be sold.

(5) Dogs registered under the Dog Act immediately before the commencement of this clause continue to be registered under the Dog Act as applying under this clause.

(6) Section 12 (Dog to wear collar and tags) of this Act applies in respect of a dog registered under the Dog Act during the transition period as if the dog were registered under this Act and as if the registration tag most recently issued under the Dog Act to the owner of the dog were the current registration tag for the dog under this Act.

(6A) Sections 12 (1) (b) and 77 (and the definition of
"registration tag" ), as in force immediately before their repeal by the Statute Law (Miscellaneous Provisions) Act (No 2) 2001 , continue to apply during the transition period in relation to a dog to which this clause applies as if those provisions had not been repealed. However (and despite subclause (6)), section 12 (1) (b) does not apply if the dog is identified in accordance with the regulations.

(6B) Without limiting subclause (6A), and for avoidance of doubt, it is declared that a person may be prosecuted (and a penalty notice may be served) for an offence committed during the transition period under section 12 or 77 in relation to a dog, or the registration tag of a dog, to which this clause applies.

Note : The Statute Law (Miscellaneous Provisions) Act (No 2) 2001 repealed the provisions of this Act (including sections 12 (1) (b) and 77) that deal with registration tags for companion animals.

(7) The registration fee payable for the registration of a dog under the Dog Act as provided by this clause is the fee as payable under the Dog Act immediately before the commencement of this clause, but the regulations under this Act may prescribe some other fee for that purpose.

(8) The regulations may create exceptions to this clause, either for all dogs to which this clause applies or for dogs of a particular class or description.

Part 3 - General

4 Disqualification from owning dog

A disqualification in force under section 19A (Disqualification from owning a dog) of the Dog Act immediately before the repeal of that section is taken to have been made by order of the court concerned under section 23 of this Act with the period of disqualification specified in the order being the remaining period of disqualification under section 19A at the time of its repeal.

5 Dangerous dog declaration

(1) A declaration of a council in force under Division 2 (Power of councils to declare dogs dangerous) of Part 2 of the Dog Act immediately before the repeal of that Division is taken to be a declaration of the council under Division 1 of Part 5 of this Act.

(2) A declaration of a Local Court in force under Division 3 (Power of Local Court to declare dogs dangerous) of Part 2 of the Dog Act immediately before the repeal of that Division is taken to be a declaration of a Local Court under Division 2 of Part 5 of this Act.

6 Continuation of repealed provisions

(1) A provision of the Dog Act continues in force after its repeal for the purposes of any civil or criminal proceedings (commenced before or after its repeal) in respect of any act, matter or thing occurring before its repeal.

(2) The regulations under clause 1 may provide for the continuation, in respect of a particular class or description of dogs, of provisions of the Dog Act and the regulations under that Act as if they had not been repealed.

Part 4 - Provisions consequent on enactment of Companion Animals Amendment Act 2006

7 Council-declared dangerous or restricted dogs

A declaration by a council in force under Part 5 immediately before the commencement of this clause is taken to be a declaration by an authorised officer of the council under that Part (as amended by the Companion Animals Amendment Act 2006 ).

Part 5 - Provisions consequent on enactment of Companion Animals and Other Legislation Amendment Act 2018

8 Meaning of "amending Act"

In this Part--


"amending Act" means the Companion Animals and Other Legislation Amendment Act 2018 .

9 Permit requirement does not apply to cats registered before requirement imposed

(1) Section 11B, as inserted by the amending Act, does not apply to a cat that was registered before 1 July 2020.

(2) Section 11B, as inserted by the amending Act, does not apply to a cat that was born before the commencement of the section that was not registered before that commencement until the date that is 21 days (or any longer period prescribed by the regulations) after the commencement of the section, or the date that the cat is 4 months old, whichever occurs later.

10 Permit requirements extend to dogs declared dangerous before requirement imposed

(1) Sections 11C and 51 (1) (l), as inserted by the amending Act, extend to a dog that was declared to be a dangerous dog before the commencement of the provisions.

(2) In such a case, a permit is required under section 11C on and from the date that is 21 days (or any longer period prescribed by the regulations) after the commencement of section 11C.

11 Permit requirements extend to dogs declared restricted before requirement imposed

(1) Sections 11D and 56 (1) (i), as inserted by the amending Act, extend to a dog that was a restricted dog, within the meaning of section 55, before the commencement of the provisions.

(2) In such a case, a permit is required under section 11D on and from the date that is 21 days (or any longer period prescribed by the regulations) after the commencement of section 11D.

12 Certain organisations taken to be approved rehoming organisations

(1) In this clause--


"existing approved organisation" means an organisation that was, immediately before the commencement of section 88B, as inserted by the amending Act, the subject of an approval granted by the Departmental Chief Executive for the purposes of clause 16 (d) of the Companion Animals Regulation 2008 .

(2) An existing approved organisation is, on and from the commencement of section 88B, taken to have been--

(a) designated as a rehoming organisation under section 88B (1), for the same term, and subject to the same conditions (if any), that are specified in the approval, and

(b) granted an exemption under section 88B (3) from the obligation to register companion animals under section 9, for the same term, and subject to the same conditions (if any), that are specified in the approval.

(3) Accordingly, on and from the commencement of section 88B--

(a) such an organisation is taken to be a rehoming organisation for the purposes of this Act, and

(b) the Departmental Chief Executive may revoke or otherwise deal with the designation or exemption effected by this clause as if it was granted under section 88B.