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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Animal Management (Cats and
Dogs) Bill 2008
Queensland
Animal Management (Cats and Dogs)
Bill 2008
Contents
Page
Chapter 1 Preliminary
Part 1 Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Purposes and application of Act
Division 1 Purposes
3 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4 How purposes are to be primarily achieved . . . . . . . . . . . . . . . . . 13
Division 2 Application
5 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6 Relationship with local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
7 Act does not affect other rights or remedies. . . . . . . . . . . . . . . . . 15
Part 3 Interpretation
Division 1 Dictionary
8 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 2 Key definitions
9 Who is an owner of a cat or dog. . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Who is a responsible person for a dog . . . . . . . . . . . . . . . . . . . . . 16
11 What is a cat or dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Identification devices under Act . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
Division 1 Obligation on supplier or owner of cat or dog
13 Supplier must ensure cat or dog is implanted . . . . . . . . . . . . . . . 18
14 Owner must ensure cat or dog is implanted . . . . . . . . . . . . . . . . . 19
15 Notice of changed identifying information . . . . . . . . . . . . . . . . . . 19
Animal Management (Cats and Dogs) Bill 2008
Contents
16 Notice of changed PID information. . . . . . . . . . . . . . . . . . . . . . . . 20
Division 2 Supplying PIDs
17 PID that is not PPID must not be supplied . . . . . . . . . . . . . . . . . . 20
18 Seller must not supply PPID other than to authorised implanter . 20
19 Seller must give PID number to authorised implanter . . . . . . . . . 20
20 Seller must give PID number to licence holder. . . . . . . . . . . . . . . 21
Division 3 Implanting PIDs
Subdivision 1 General restriction
21 Only authorised implanter may implant PPID. . . . . . . . . . . . . . . . 21
Subdivision 2 Requirements for authorised implanters
22 PID that is not PPID must not be implanted . . . . . . . . . . . . . . . . . 21
23 Requirements for PPID. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
24 Minimum age for cat or dog to be implanted . . . . . . . . . . . . . . . . 22
25 PID information must be given to licence holder . . . . . . . . . . . . . 22
26 PID information must be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 3 Regulation of authorised implanters
27 Chief executive may suspend or prohibit . . . . . . . . . . . . . . . . . . . 23
28 Grounds for suspension or prohibition . . . . . . . . . . . . . . . . . . . . . 23
29 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30 Representations about show cause notice. . . . . . . . . . . . . . . . . . 24
31 Ending show cause process without further action . . . . . . . . . . . 24
32 Suspension or prohibition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
33 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 4 Removing PIDs
34 PID must not be removed or otherwise interfered with. . . . . . . . . 26
Division 5 PID registry services
35 Person must not offer or provide PID registry service . . . . . . . . . 26
36 Licence holder's obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 6 Giving identifying information
37 Authorised implanter may give identifying information to
particular persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Licence holder may give identifying information to particular
persons ....................................... 28
39 Relevant local government may give identifying information to
particular persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 7 Pound or shelter operators
40 Operator must ensure cat or dog is scanned . . . . . . . . . . . . . . . . 29
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Animal Management (Cats and Dogs) Bill 2008
Contents
41 Protection of particular persons dealing with cat or dog. . . . . . . . 30
Part 2 Desexing tattoos
42 Desexed cat or dog must be tattooed. . . . . . . . . . . . . . . . . . . . . . 31
43 Person must not tattoo an undesexed cat or dog . . . . . . . . . . . . . 32
Chapter 3 Registration
Part 1 Particular person's obligations
44 Registration obligation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
45 Cat or dog must bear identification in particular circumstances . . 33
Part 2 How cat or dog is registered
46 What owner must do. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
47 What registration form must state. . . . . . . . . . . . . . . . . . . . . . . . . 34
48 Chief executive officer may ask for further information. . . . . . . . . 35
49 Relevant local government must give registration notice . . . . . . . 36
50 Duration of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
51 Local government must keep registration form and information. . 36
52 Registration fee must be fixed to give desexing incentive . . . . . . 37
53 Registration fee to be used for achievement of Act's purposes . . 37
Part 3 Amendment of registration
54 Amendment of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
55 Relevant local government must give notice of change . . . . . . . . 38
Part 4 Renewal of registration
56 Relevant local government must give renewal notice. . . . . . . . . . 39
57 What owner must do. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
58 Relevant local government must give registration notice . . . . . . . 40
Chapter 4 Regulated dogs
Part 1 Preliminary
Division 1 Purpose and application of chapter
59 Purpose of ch 4 and its achievement . . . . . . . . . . . . . . . . . . . . . . 41
Division 2 Interpretation
60 What is a regulated dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
61 What is a declared dangerous dog. . . . . . . . . . . . . . . . . . . . . . . . 42
62 What is a declared menacing dog . . . . . . . . . . . . . . . . . . . . . . . . 43
63 What is a restricted dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
64 When a regulated dog is under effective control . . . . . . . . . . . . . 43
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Animal Management (Cats and Dogs) Bill 2008
Contents
Part 2 General restrictions and prohibitions
Division 1 Application of part
65 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Division 2 General prohibitions
66 Prohibition on supply of restricted dog . . . . . . . . . . . . . . . . . . . . . 44
67 Prohibition on supply of declared dangerous dog or menacing
dog ........................................ 45
68 Abandonment prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3 Restricted dogs and declared dangerous dogs only
69 Prohibition on breeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
70 Compulsory desexing of declared dangerous dog or restricted
dog ......................................... 46
Division 4 Restricted dogs only
71 Permit required for restricted dog . . . . . . . . . . . . . . . . . . . . . . . . . 47
Part 3 Restricted dog permits
Division 1 Obtaining permit for restricted dog
Subdivision 1 Permit applications
72 Who may apply for permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
73 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
74 Inquiries into application for permit. . . . . . . . . . . . . . . . . . . . . . . . 49
75 Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
76 Criteria for decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Subdivision 2 Action after decision on application
77 Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
78 Duration of permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
79 Notice of refusal of permit application . . . . . . . . . . . . . . . . . . . . . 51
Division 2 Permit conditions
80 Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
81 Obligation to comply with permit conditions under sch 1 . . . . . . . 52
Division 3 Renewal of permit
82 When permit may be renewed . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
83 Requirements for renewal application . . . . . . . . . . . . . . . . . . . . . 52
84 Deciding renewal application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
85 Duration of renewed permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 4 Amendment of permits
86 Application for change of place for permit . . . . . . . . . . . . . . . . . . 54
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87 Amendment by relevant local government . . . . . . . . . . . . . . . . . . 54
Division 5 Miscellaneous
88 No transfer of restricted dog permit . . . . . . . . . . . . . . . . . . . . . . . 54
Part 4 Regulated dog declarations
89 Power to make declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
90 Notice of proposed declaration. . . . . . . . . . . . . . . . . . . . . . . . . . . 56
91 Proposed declaration notice does not limit other powers . . . . . . . 57
92 Withdrawing proposed declaration notice. . . . . . . . . . . . . . . . . . . 57
93 Owner's obligations if proposed declaration notice in force . . . . . 57
94 Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
95 Notice and taking effect of declaration . . . . . . . . . . . . . . . . . . . . . 58
Part 5 Application of particular permit conditions for declared
dangerous or menacing dogs
96 Operation of pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
97 Declared dangerous dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
98 Declared menacing dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 6 Miscellaneous provisions
99 Failure to decide application taken to be refusal . . . . . . . . . . . . . 61
100 Surrender of regulated dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
101 Defence for regulated dog owner . . . . . . . . . . . . . . . . . . . . . . . . . 61
102 Recovery of seizure or destruction costs . . . . . . . . . . . . . . . . . . . 62
103 Cost of regulated dog enclosure--dividing fence . . . . . . . . . . . . . 62
Chapter 5 Investigation, monitoring and enforcement
Part 1 Authorised persons
104 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 63
105 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 64
106 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
107 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 65
108 When authorised person ceases to hold office . . . . . . . . . . . . . . 65
109 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
110 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Part 2 Entry to places
Division 1 Powers of entry
111 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
112 Additional entry powers for particular dogs . . . . . . . . . . . . . . . . . 68
113 Approval of inspection program authorising entry . . . . . . . . . . . . 68
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Animal Management (Cats and Dogs) Bill 2008
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114 Notice of proposed inspection program . . . . . . . . . . . . . . . . . . . . 70
115 Access to program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 2 Entry procedures
Subdivision 1 Consent
116 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Subdivision 2 Warrants
117 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
118 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
119 Application by electronic communication and duplicate warrant . 74
120 Defect in relation to a warrant. . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
121 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 3 Entry under other powers other than for public places
122 Procedure for other entries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Part 3 Powers on entry
123 General powers after entering places. . . . . . . . . . . . . . . . . . . . . . 77
124 Power to require reasonable help. . . . . . . . . . . . . . . . . . . . . . . . . 78
125 Seizure powers for dogs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 4 Seized dogs
126 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
127 Power to destroy seized regulated dog . . . . . . . . . . . . . . . . . . . . 79
128 Receipt for dog in particular circumstances . . . . . . . . . . . . . . . . . 80
129 Access to seized dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
130 Return of dog if not regulated dog . . . . . . . . . . . . . . . . . . . . . . . . 81
131 Return of regulated dog to registered owner . . . . . . . . . . . . . . . . 82
Part 5 Compliance notices for regulated dog offences
132 Power to give compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . 83
133 Requirements for giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
134 Failure to comply with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part 6 Miscellaneous provisions
135 References in ch 5 to local government and authorised person . 85
136 Impersonating authorised person. . . . . . . . . . . . . . . . . . . . . . . . . 85
137 Obstruction of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . 85
138 Authorised person may ask police officer for help in exercising
particular powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
139 Power to require name and address. . . . . . . . . . . . . . . . . . . . . . . 87
140 Failure to comply with personal details requirement . . . . . . . . . . 88
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141 Authorised person to give notice of damage . . . . . . . . . . . . . . . . 88
142 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Chapter 6 PID registry licences
Part 1 How licence is obtained
143 Application for licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
144 What application must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
145 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
146 Criteria for granting application. . . . . . . . . . . . . . . . . . . . . . . . . . . 91
147 Suitability of person to be licence holder . . . . . . . . . . . . . . . . . . . 91
148 Inquiries into application for licence . . . . . . . . . . . . . . . . . . . . . . . 91
149 Decision on application for licence . . . . . . . . . . . . . . . . . . . . . . . . 92
150 Failure to decide application for licence . . . . . . . . . . . . . . . . . . . . 92
151 Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Part 2 Provisions of licence
152 Mandatory conditions for licences . . . . . . . . . . . . . . . . . . . . . . . . 93
153 Licence holder must comply with licence conditions . . . . . . . . . . 93
154 Form of licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 3 Renewal of licences
155 Application for renewal of licence . . . . . . . . . . . . . . . . . . . . . . . . . 94
156 Inquiries into application for renewal of licence . . . . . . . . . . . . . . 95
157 Licence taken to be in force while renewal application is
considered .................................. 95
Part 4 Amendment of licences
158 Application for amendment of licence. . . . . . . . . . . . . . . . . . . . . . 96
159 Inquiries into application for amendment . . . . . . . . . . . . . . . . . . . 96
Part 5 Suspension or cancellation of licences
160 Chief executive may impose suspension or cancel . . . . . . . . . . . 97
161 Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . 97
162 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
163 Representations about show cause notices . . . . . . . . . . . . . . . . . 98
164 Ending show cause process without further action . . . . . . . . . . . 98
165 Suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
166 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
167 Return of suspended or cancelled licence to chief executive. . . . 100
168 Effect of suspension or cancellation of licence. . . . . . . . . . . . . . . 101
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Part 6 Other provisions about licences
169 Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
170 Application for replacement of licence . . . . . . . . . . . . . . . . . . . . . 101
171 Decision about application for replacement of licence . . . . . . . . . 102
Chapter 7 Registers
Part 1 Registers kept by chief executive
172 Chief executive must keep registers. . . . . . . . . . . . . . . . . . . . . . . 102
173 Who may inspect registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
174 Chief executive officer must give information . . . . . . . . . . . . . . . . 104
175 Chief executive officer must give information about owner. . . . . . 105
176 Chief executive may ask for confirmation of particular
information .................................. 105
Part 2 Registers kept by local government
177 Registers comprising cat and dog registry . . . . . . . . . . . . . . . . . . 106
178 General register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
179 Public access to registers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Chapter 8 Reviews and appeals
Part 1 Review of decisions
180 Appeal process starts with review . . . . . . . . . . . . . . . . . . . . . . . . 107
181 Who may apply for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
182 Requirements for making PID review application . . . . . . . . . . . . . 108
183 Requirements for making general review application . . . . . . . . . . 108
184 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . 108
185 PID review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
186 Other review decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
187 Notice of PID decision or review decision . . . . . . . . . . . . . . . . . . 111
Part 2 Appeals
188 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
189 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
190 Stay of operation of review notice. . . . . . . . . . . . . . . . . . . . . . . . . 113
191 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
192 Court's powers on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
193 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
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Chapter 9 Miscellaneous provisions
Part 1 General offences
194 Particular persons must ensure dog does not attack or cause
fear ...................................... 115
195 Defences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
196 Prohibition on allowing or encouraging dog to attack or cause
fear .......................................... 116
Part 2 Greyhounds
197 Muzzling decommissioned greyhounds in public places . . . . . . . 117
Part 3 Legal provisions
Division 1 Evidence generally
198 Evidentiary value of copies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
199 Evidentiary value of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Division 2 Evidence for proceedings
200 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
201 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
202 Veterinary surgeon certificates. . . . . . . . . . . . . . . . . . . . . . . . . . . 118
203 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 3 Other provisions
204 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Part 4 Delegation of powers
205 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
206 Delegation by chief executive officer . . . . . . . . . . . . . . . . . . . . . . 120
Part 5 Miscellaneous
207 References to right to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
208 Payment of penalties for offences against particular provisions. . 121
209 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
210 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Chapter 10 Transitional provisions
211 Deferral for particular local governments . . . . . . . . . . . . . . . . . . . 123
212 Restricted dog registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
213 Cats and dogs implanted before commencement . . . . . . . . . . . . 124
214 Regulated dogs must be implanted with a PPID . . . . . . . . . . . . . 124
215 Desexed cat or dog at commencement need not be tattooed for
desexing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
216 Cat or dog not registered at commencement . . . . . . . . . . . . . . . . 124
217 Restricted dogs and convictions under repealed LGA chapter . . 125
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Animal Management (Cats and Dogs) Bill 2008
Contents
218 Permit applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
219 Restricted dog register kept under Local Government Act 1993
continues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
220 Person given or entitled to be given information notice . . . . . . . . 125
221 Registration of cat or dog continues . . . . . . . . . . . . . . . . . . . . . . . 126
Chapter 11 Amendment of other Acts
Part 1 Amendment of City of Brisbane Act 1924
222 Act amended in pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
223 Amendment of s 3A (Application of the Local Government Act) . 126
Part 2 Amendment of Local Government Act 1993
224 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
225 Amendment of s 9 (Act applies only so far as expressly
provided) .................................. 127
226 Amendment of s 31 (Inconsistency with State law) . . . . . . . . . . . 127
227 Amendment of s 441C (Definitions for div 3) . . . . . . . . . . . . . . . . 127
228 Omission of ch 15, pt 5, div 10 (Special provision for local
laws about dogs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
229 Omission of ch 17A (Regulation of restricted dogs) . . . . . . . . . . . 127
230 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 128
Schedule 1 Permit conditions and conditions applying to declared
dangerous and menacing dogs . . . . . . . . . . . . . . . . . . . . . . . . 129
1 Definitions for sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
2 Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
3 Muzzling and effective control in public . . . . . . . . . . . . . . . . . . . . 130
4 Enclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
5 Public notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
6 Place where relevant dog is usually kept . . . . . . . . . . . . . . . . . . . 131
7 Notice of other restricted dog permit for dog . . . . . . . . . . . . . . . . 131
8 Notice of change of address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Page 10
2008
A Bill
for
An Act for the identification, registration and management of
cats and dogs and to amend the City of Brisbane Act 1924 and
the Local Government Act 1993 for particular purposes.
Animal Management (Cats and Dogs) Bill 2008
Chapter 1 Preliminary
Part 1 Introduction
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
Part 1 Introduction 3
1 Short title 4
This Act may be cited as the Animal Management (Cats and 5
Dogs) Act 2008. 6
2 Commencement 7
(1) The provisions of this Act, other than the following, 8
commence on 1 July 2009-- 9
· the provisions mentioned in subsection (2) 10
· section 227. 11
(2) The following provisions commence on a day to be fixed by 12
proclamation-- 13
· section 172(1) and (2) 14
· section 173(1) to (3) 15
· sections 174 to 176. 16
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Animal Management (Cats and Dogs) Bill 2008
Chapter 1 Preliminary
Part 2 Purposes and application of Act
[s 3]
Part 2 Purposes and application of 1
Act 2
Division 1 Purposes 3
3 Purposes of Act 4
The purposes of this Act are to-- 5
(a) provide for the identification and registration of cats and 6
dogs; and 7
(b) provide for the effective management of regulated dogs; 8
and 9
(c) promote the responsible ownership of cat and dogs. 10
Note-- 11
For the welfare of animals generally, see the Animal Care and 12
Protection Act 2001. 13
4 How purposes are to be primarily achieved 14
The purposes are to be primarily achieved by the following-- 15
(a) imposing obligations about identification devices for 16
cats and dogs on their owners, sellers, authorised 17
implanters and operators of pounds or shelters; 18
(b) imposing obligations on owners and veterinary surgeons 19
about tattooing cats and dogs for desexing; 20
(c) imposing registration obligations on cat and dog 21
owners; 22
(d) imposing obligations on regulated dog owners; 23
(e) providing for the chief executive to establish a regulated 24
dog register; 25
(f) appointing authorised officers to investigate, monitor 26
and enforce compliance with this Act; 27
Page 13
Animal Management (Cats and Dogs) Bill 2008
Chapter 1 Preliminary
Part 2 Purposes and application of Act
[s 5]
(g) requiring those who may provide PID registry services 1
services to be licensed and imposing obligations on 2
licensees; 3
(h) requiring local governments to keep a general register 4
about cats and dogs; 5
(i) imposing obligations on particular persons to ensure 6
dogs do not attack or cause fear; 7
(j) prohibiting anyone from allowing or encouraging a dog 8
to attack or cause fear to people or other animals. 9
Division 2 Application 10
5 Act binds all persons 11
(1) This Act binds all persons, including the State, and, so far as 12
the legislative power of the Parliament permits, the 13
Commonwealth and the other States. 14
(2) However, the Commonwealth or a State can not be prosecuted 15
for an offence against this Act. 16
6 Relationship with local laws 17
(1) This Act does not prevent a local law from imposing 18
requirements in relation to cats or dogs generally. 19
(2) Without limiting subsection (1), a local government may 20
make a local law prohibiting anyone in its local government 21
area, other than an exempted person, from possessing a dog of 22
a particular breed. 23
(3) Subject to subsection (2), if this Act and a local law are 24
inconsistent about a requirement, the local law is invalid to the 25
extent of the inconsistency. 26
(4) This section applies for a local law whenever it was made. 27
(5) In this section-- 28
Page 14
Animal Management (Cats and Dogs) Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 7]
breed includes crossbreed of a breed. 1
exempted person means an authorised person exercising 2
functions or powers under this Act or a local law. 3
local law includes a subordinate local law. 4
prohibits includes a prohibition that does not provide for a 5
penalty if the prohibition is contravened. 6
7 Act does not affect other rights or remedies 7
(1) Subject to sections 41 and 103, this Act does not limit a civil 8
right or remedy that exists apart from this Act, whether at 9
common law or otherwise. 10
(2) Without limiting subsection (1), compliance with this Act 11
does not necessarily show that a civil obligation that exists 12
apart from this Act has been satisfied or has not been 13
breached. 14
(3) In addition, a breach of an obligation under this Act does not, 15
of itself, give rise to an action for breach of statutory duty or 16
another civil right or remedy. 17
Part 3 Interpretation 18
Division 1 Dictionary 19
8 Definitions 20
The dictionary in schedule 2 defines particular words used in 21
this Act. 22
Page 15
Animal Management (Cats and Dogs) Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 9]
Division 2 Key definitions 1
9 Who is an owner of a cat or dog 2
(1) Each person as follows is an owner of a cat or dog-- 3
(a) its registered owner; 4
(b) a person who owns the cat or dog, in the sense of it 5
being the person's personal property; 6
(c) a person who usually keeps the cat or dog, including 7
through an agent, employee or anyone else; 8
(d) if a person mentioned in paragraphs (a) to (c) is a 9
minor--a parent or guardian of the minor. 10
(2) For subsection (1)(c), a person does not usually keep a cat or 11
dog-- 12
(a) merely because the person occupies a place at which the 13
cat or dog is kept if someone else who is an adult and 14
lives at the place keeps it; or 15
(b) if the person keeps the cat or dog as an employee of 16
someone else and the person is acting within the scope 17
of the employment. 18
(3) If a person owns a female cat or dog and the female has 19
offspring, the person is taken to be the offspring's owner 20
immediately after its birth. 21
10 Who is a responsible person for a dog 22
(1) A person is a responsible person for a dog if-- 23
(a) the person, or the person's employee acting within the 24
scope of the employment, has immediate control or 25
custody of the dog; or 26
(b) the person is the parent or guardian of a minor who has 27
immediate control or custody of the dog; or 28
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Animal Management (Cats and Dogs) Bill 2008
Chapter 1 Preliminary
Part 3 Interpretation
[s 11]
(c) the person occupies the place at which the dog is usually 1
kept. 2
(2) However, a person is not a responsible person for the dog-- 3
(a) merely because the person occupies a place at which the 4
dog is usually kept if someone else who is an adult and 5
lives at the place keeps the dog; or 6
(b) if the person has the control or custody of or keeps the 7
dog as an employee of someone else and the person is 8
acting within the scope of the employment. 9
11 What is a cat or dog 10
(1) A cat is an animal of the species Felis catus, or domestic cat. 11
(2) A dog is an animal of the species Canis lupus familiaris, or 12
domestic dog. 13
12 Identification devices under Act 14
(1) A permanent identification device or PID means a microchip 15
or other electronic device-- 16
(a) capable of being permanently implanted in a cat or dog; 17
and 18
(b) designed to record information in a way that can be 19
electronically retrieved. 20
(2) A prescribed permanent identification device or PPID means 21
a PID that complies with the requirements prescribed under a 22
regulation. 23
(3) A registration device means a device to assist in identifying a 24
cat or dog decided by resolution of a relevant local 25
government for the cat or dog. 26
Example of a registration device-- 27
a tag for the collar of a cat or dog 28
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 13]
Chapter 2 Identification of cats and 1
dogs 2
Part 1 Prescribed permanent 3
identification devices 4
Division 1 Obligation on supplier or owner of 5
cat or dog 6
13 Supplier must ensure cat or dog is implanted 7
(1) A person must not, unless the person has a reasonable excuse, 8
supply a cat or dog to anyone else if it is not implanted with a 9
PID. 10
Note-- 11
A cat or dog that is less than 8 weeks old must not be implanted with a 12
PID. See section 24 (Age restriction for implanting PPID). 13
Maximum penalty--20 penalty units. 14
(2) It is a defence to a prosecution for an offence against 15
subsection (1) for the defendant to prove-- 16
(a) there is a signed veterinary surgeon's certificate for the 17
cat or dog stating that implanting it with a PPID is likely 18
to be a serious risk to the health of the cat or dog; or 19
(b) for a dog, the supply is to use it as-- 20
(i) a government entity dog; or 21
(ii) a working dog; or 22
(iii) another class of dog prescribed under a regulation. 23
(3) In subsection (1)-- 24
cat or dog does not include a cat or dog held under the Animal 25
Care and Protection Act 2001. 26
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 14]
14 Owner must ensure cat or dog is implanted 1
(1) A person who is or becomes an owner of a cat or dog that is 2
not implanted with a PPID must ensure the cat or dog is 3
implanted with a PPID before it is 12 weeks old unless the 4
person has a reasonable excuse. 5
Maximum penalty--20 penalty units. 6
Note-- 7
A cat or dog that is more than 12 weeks old on the commencement of 8
this section need not be implanted with a PPID unless it is supplied. See 9
section 13 (Supplier must ensure cat or dog is implanted). 10
(2) It is a defence to a prosecution for an offence against 11
subsection (1) for the defendant to prove-- 12
(a) there is a signed veterinary surgeon's certificate for the 13
cat or dog stating that implanting it with a PPID is likely 14
to be a serious risk to the health of the cat or dog; 15
(b) for a dog, the ownership is to use it as-- 16
(i) a government entity dog; or 17
(ii) a working dog; or 18
(iii) another class of dog prescribed under a regulation. 19
15 Notice of changed identifying information 20
(1) This section applies if identifying information for a cat or dog 21
changes (the changed information). 22
(2) The owner of the cat or dog must, within 7 days, give notice of 23
the change to the chief executive officer of the relevant local 24
government unless the person has a reasonable excuse. 25
Maximum penalty--5 penalty units. 26
(3) The chief executive officer must, within 7 days after receiving 27
the notice, ensure the information is updated in the 28
appropriate register in a way that reflects the change. 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 16]
16 Notice of changed PID information 1
(1) This section applies if PID information for a cat or dog 2
changes (the changed information). 3
(2) The owner of the cat or dog must, within 7 days, give notice of 4
the changed information to a licence holder unless the person 5
has a reasonable excuse. 6
Maximum penalty--5 penalty units. 7
Note-- 8
The licence holder must electronically update the information within 7 9
days after receiving it. See section 36(2) (Licence holder's obligations). 10
Division 2 Supplying PIDs 11
17 PID that is not PPID must not be supplied 12
A person must not supply a PID that is not a PPID. 13
Maximum penalty--60 penalty units. 14
18 Seller must not supply PPID other than to authorised 15
implanter 16
A seller must not supply a PPID to a person other than an 17
authorised implanter. 18
Maximum penalty--20 penalty units. 19
19 Seller must give PID number to authorised implanter 20
A seller who supplies a PPID to an authorised implanter must, 21
within 7 days after supplying it, give the implanter a notice 22
stating the PID number for the PPID. 23
Maximum penalty--20 penalty units. 24
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 20]
20 Seller must give PID number to licence holder 1
A seller who supplies a PPID to an authorised implanter must, 2
within 7 days after supplying it, give to all licence holders a 3
notice stating-- 4
(a) the name and address of the implanter; and 5
(b) the PID number for the PPID. 6
Maximum penalty--20 penalty units. 7
Division 3 Implanting PIDs 8
Subdivision 1 General restriction 9
21 Only authorised implanter may implant PPID 10
A person, other than an authorised implanter, must not 11
implant a PPID in a cat or dog. 12
Maximum penalty--100 penalty units. 13
Subdivision 2 Requirements for authorised 14
implanters 15
22 PID that is not PPID must not be implanted 16
An authorised implanter must not implant a PID that is not a 17
PPID. 18
Maximum penalty--60 penalty units. 19
23 Requirements for PPID 20
Before an authorised implanter implants a PPID in a cat or 21
dog, the authorised implanter must ensure the PPID-- 22
(a) stores the PID number for the PID; and 23
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 24]
(b) complies with the requirements prescribed under a 1
regulation. 2
Maximum penalty--40 penalty units. 3
24 Minimum age for cat or dog to be implanted 4
(1) An authorised implanter must not implant a PPID in a cat or 5
dog that is less than 8 weeks old unless the implanter has a 6
reasonable excuse. 7
Maximum penalty--60 penalty units. 8
(2) It is a reasonable excuse if the cat or dog's owner advised the 9
implanter that it was 8 weeks or older. 10
25 PID information must be given to licence holder 11
(1) This section applies to an authorised implanter who implants a 12
PPID in a cat or dog. 13
(2) The authorised implanter must, within 7 days, give notice to a 14
licence holder providing a PID registry service relating to the 15
cat or dog stating-- 16
(a) that it has been implanted with a PPID; and 17
(b) the PID information for the cat or dog. 18
Maximum penalty--20 penalty units. 19
Note-- 20
See also section 37 (Authorised implanter may give identifying 21
information to particular persons). 22
26 PID information must be kept 23
(1) This section applies to an authorised implanter who has, under 24
section 25, given notice to a licence holder. 25
(2) The authorised implanter must keep the PID information for 26
the cat or dog for 1 year after the cat or dog is implanted 27
unless the implanter has a reasonable excuse. 28
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 27]
Maximum penalty--20 penalty units. 1
(3) It is a reasonable excuse if the PID information is destroyed 2
by fire, flood or storm. 3
Subdivision 3 Regulation of authorised implanters 4
27 Chief executive may suspend or prohibit 5
If the chief executive reasonably believes a ground under 6
section 28 exists in relation to an authorised implanter, the 7
chief executive may, by complying with sections 29 to 33, 8
take the following action (the proposed action) against the 9
implanter-- 10
(a) prohibit the implanter from implanting PPIDs in cats or 11
dogs for a stated period (suspension); 12
(b) prohibit the implanter from implanting PPIDs in cats or 13
dogs indefinitely (prohibition). 14
28 Grounds for suspension or prohibition 15
Each of the following is a ground for section 27-- 16
(a) giving the chief executive or a licence holder false or 17
misleading information relating to the performance of 18
functions under this Act; 19
(b) a failure to comply with this part. 20
29 Show cause notice 21
(1) The chief executive must give the implanter a notice under 22
this section (a show cause notice). 23
(2) The show cause notice must state-- 24
(a) the proposed action; and 25
(b) the grounds for the proposed action; and 26
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 30]
(c) an outline of the facts and circumstances forming the 1
basis for the grounds; and 2
(d) if the proposed action is suspension--the proposed 3
suspension period; and 4
(e) that the implanter may, within a stated period (the show 5
cause period), make written representations to the chief 6
executive why the proposed action should not be taken. 7
(3) The show cause period must be a period ending at least 21 8
days after the show cause notice is given to the implanter. 9
30 Representations about show cause notice 10
(1) The implanter may, within the show cause period, make 11
written representations to the chief executive about why the 12
proposed action should not be taken. 13
(2) The chief executive must consider all representations (the 14
accepted representations) made under subsection (1). 15
31 Ending show cause process without further action 16
(1) This section applies if, after considering the accepted 17
representations, the chief executive no longer believes a 18
ground exists to take the proposed action. 19
(2) The chief executive must not take any further action about the 20
show cause notice. 21
(3) The chief executive must give the implanter a notice stating 22
that the proposed action will not be taken. 23
32 Suspension or prohibition 24
(1) This section applies if-- 25
(a) there are accepted representations and, after considering 26
them, the chief executive still believes a ground exists to 27
take the proposed action; or 28
(b) there are no accepted representations. 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 33]
(2) If the chief executive believes suspension or prohibition of the 1
implanter is warranted, the chief executive may-- 2
(a) if the proposed action was suspension--suspend the 3
implanter for no longer than the stated period; or 4
(b) if the proposed action was prohibition--either prohibit 5
the implanter or suspend the implanter for a stated 6
period; 7
(3) The chief executive must give an information notice for the 8
decision to the implanter. 9
(4) The decision takes effect on the later of the following days-- 10
(a) the day the information notice is given to the implanter; 11
(b) the day stated in the information notice for that purpose. 12
33 Immediate suspension 13
(1) The chief executive may suspend the implanter immediately if 14
the chief executive believes-- 15
(a) a ground exists to suspend or prohibit the implanter 16
from implanting PPIDs; and 17
(b) it is necessary to suspend the implanter immediately 18
because there is an immediate and serious risk of harm 19
to the effectiveness of the identification or registration 20
of cats or dogs under this Act. 21
(2) The suspension-- 22
(a) must be effected by an information notice for the 23
decision given by the chief executive to the implanter to 24
suspend the implanter together with a show cause 25
notice; and 26
(b) operates immediately the notices are given; and 27
(c) continues to operate until the earliest of the following 28
happens-- 29
(i) the chief executive cancels the remaining period of 30
the suspension; 31
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 34]
(ii) the show cause notice is finally dealt with; 1
(iii) 28 days have passed since the notices were given to 2
the implanter. 3
Division 4 Removing PIDs 4
34 PID must not be removed or otherwise interfered with 5
(1) A person must not remove or otherwise interfere with a PID 6
that is implanted in a cat or dog unless-- 7
(a) the person is a veterinary surgeon; and 8
(b) the removal or interference is needed to address a 9
serious risk to the health of the cat or dog. 10
Maximum penalty--100 penalty units. 11
(2) In this section-- 12
interfere with, a PID, means to interfere with it a way that 13
causes the PID not to work properly. 14
Division 5 PID registry services 15
35 Person must not offer or provide PID registry service 16
A person, other than a licence holder, must not offer or 17
provide a PID registry service. 18
Maximum penalty--100 penalty units. 19
36 Licence holder's obligations 20
(1) A licence holder must, for each cat or dog for which the 21
holder is providing a PID registry service keep and 22
maintain-- 23
(a) the PID information for the cat or dog; and 24
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 37]
(b) copies of the records from which the information was 1
obtained. 2
Maximum penalty--180 penalty units. 3
(2) If, under section 16, the licence holder receives a notice about 4
changed information for the cat or dog, the holder must, 5
within 7 days, electronically update the information in a way 6
that reflects the change. 7
Maximum penalty--180 penalty units. 8
Division 6 Giving identifying information 9
37 Authorised implanter may give identifying information to 10
particular persons 11
An authorised implanter who has implanted a PPID in a cat or 12
dog must not give any identifying information for the cat or 13
dog to another person unless-- 14
(a) the person is-- 15
(i) engaged or employed by the implanter performing 16
functions under this Act; or 17
(ii) a licence holder or a person engaged or employed 18
by the holder, performing functions under this Act; 19
or 20
(iii) the owner of the cat or dog; or 21
(iv) the chief executive or a person engaged or 22
employed by the chief executive to perform 23
functions under this Act; or 24
(v) the chief executive officer of a local government or 25
a person engaged or employed by the local 26
government to perform functions under this Act; or 27
(vi) an authorised person performing functions under 28
this Act; or 29
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Animal Management (Cats and Dogs) Bill 2008
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Part 1 Prescribed permanent identification devices
[s 38]
(b) the owner of the cat or dog has consented to giving the 1
information for the purposes of reuniting the owner with 2
the cat or dog. 3
Maximum penalty--30 penalty units. 4
38 Licence holder may give identifying information to 5
particular persons 6
A licence holder providing a PID registry service must not 7
give any identifying information for a cat or dog to another 8
person unless-- 9
(a) the person is-- 10
(i) another licence holder or person engaged or 11
employed by the holder, performing functions 12
under this Act; or 13
(ii) an authorised implanter or person engaged or 14
employed by the implanter, performing functions 15
under this Act; or 16
(iii) the owner of the cat or dog; or 17
(iv) the chief executive or a person engaged or 18
employed by the chief executive to perform 19
functions under this Act; or 20
(v) the chief executive officer of a local government or 21
a person engaged or employed by the local 22
government to perform functions under this Act; or 23
(vi) an authorised person performing functions under 24
this Act; or 25
(b) the owner of the cat or dog has consented to giving the 26
information for the purposes of reuniting the owner with 27
the cat or dog. 28
Maximum penalty--30 penalty units. 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 1 Prescribed permanent identification devices
[s 39]
39 Relevant local government may give identifying 1
information to particular persons 2
A relevant local government for a cat or dog must not give any 3
identifying information for the cat or dog to a person unless-- 4
(a) the person is-- 5
(i) an authorised implanter or person engaged or 6
employed by the implanter, performing functions 7
under this Act; or 8
(ii) a licence holder or person engaged or employed by 9
the holder, performing functions under this Act; or 10
(iii) the owner of the cat or dog; or 11
(iv) the chief executive or a person engaged or 12
employed by the chief executive to perform 13
functions under this Act; or 14
(v) the chief executive officer of a local government or 15
a person engaged or employed by the local 16
government to perform functions under this Act; or 17
(vi) an authorised person performing functions under 18
this Act; or 19
(b) the owner of the cat or dog has consented to giving the 20
information for the purposes of reuniting the owner with 21
the cat or dog. 22
Division 7 Pound or shelter operators 23
40 Operator must ensure cat or dog is scanned 24
(1) This section applies to the operator of a pound or shelter. 25
(2) The operator must ensure a cat or dog entering the pound or 26
shelter is scanned, within 3 days after its entry, in a way that is 27
likely to detect a PID implanted in the cat or dog. 28
Maximum penalty--30 penalty units. 29
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[s 41]
(3) Subsection (2) does not apply to the operator if-- 1
(a) the cat or dog behaves aggressively towards a person 2
attempting to scan the cat or dog; and 3
(b) the operator reasonably believes that compliance with 4
subsection (2) may endanger the health of anyone 5
attempting to scan the cat or dog. 6
(4) In this section-- 7
pound or shelter includes a veterinary surgery to the extent it 8
provides shelter for a cat or dog that is homeless, lost or stray. 9
41 Protection of particular persons dealing with cat or dog 10
(1) This section applies if-- 11
(a) either-- 12
(i) a cat or dog is scanned in the way required under 13
section 40(2) and the result of the scan shows that a 14
PID has not been implanted in the cat or dog; or 15
(ii) section 40(3) applies in relation to the cat or dog; 16
and 17
(b) a person mentioned in section 40 or someone else (the 18
protected person) who does not know who owns the cat 19
or dog deals with it relying on-- 20
(i) the result of the scan; or 21
(ii) the absence of a scan of the cat or dog because of 22
the matters mentioned in section 40(3). 23
(2) The protected person is not civilly liable to the owner in 24
relation to the dealing to the extent that-- 25
(a) the dealing is adverse to the owner's rights concerning 26
the cat or dog or may have an effect on the owner's 27
health; and 28
Examples-- 29
1 giving the cat or dog away 30
Page 30
Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and dogs
Part 2 Desexing tattoos
[s 42]
2 destroying the cat or dog 1
(b) apart from this section, the dealing would give rise to a 2
right of action by the owner against the protected 3
person. 4
(3) Also, the protected person is not criminally liable for doing 5
any act or making any omission in relation to the cat or dog if 6
the act or omission could lawfully be done or omitted to be 7
done by the owner. 8
Part 2 Desexing tattoos 9
42 Desexed cat or dog must be tattooed 10
(1) An owner of a desexed cat or dog must ensure the cat or dog is 11
tattooed when it is desexed. 12
Maximum penalty--20 penalty units. 13
Note-- 14
See section 215 (Desexed cat or dog at commencement need not be 15
tattooed for desexing) for circumstances in which an owner of a cat or 16
dog does not contravene subsection (1). 17
(2) A veterinary surgeon desexing a cat or dog must ensure it is 18
tattooed for desexing. 19
Maximum penalty--20 penalty units. 20
(3) It is a defence to a prosecution for an offence against 21
subsection (1) for the defendant to prove the cat or dog-- 22
(a) is a cat or dog for which there is a signed veterinary 23
surgeon's certificate stating, or other evidence, that 24
tattooing the cat or dog is likely to be a serious risk to its 25
health; or 26
(b) is, or is proposed to be, a show cat or dog and tattooing 27
it may reasonably be considered by a person acting as a 28
Page 31
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 1 Particular person's obligations
[s 43]
judge of the cat or dog as a blemish that is detrimental to 1
its value as a show cat or dog. 2
(4) In this section-- 3
show cat or dog means a cat or dog participating in or being 4
exhibited at an exhibition supervised by a body recognised for 5
this section by the relevant local government. 6
43 Person must not tattoo an undesexed cat or dog 7
A person must not tattoo an undesexed cat or dog for 8
desexing. 9
Maximum penalty--100 penalty units. 10
Chapter 3 Registration 11
Part 1 Particular person's obligations 12
44 Registration obligation 13
(1) An owner of a cat or dog must comply with section 46 to 14
register the cat or dog in the relevant local government's area 15
within 14 days after starting to keep the cat or dog in the area 16
unless the person has a reasonable excuse. 17
Maximum penalty--20 penalty units. 18
Note-- 19
See section 216 (Cat or dog not registered at commencement) for 20
circumstances in which an owner of a cat or dog does not contravene 21
subsection (1). 22
(2) A person who becomes an owner of a cat or dog must comply 23
with section 46 to register the cat or dog in the relevant local 24
government's area within 14 days unless the person has a 25
reasonable excuse. 26
Page 32
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 1 Particular person's obligations
[s 45]
Maximum penalty--20 penalty units. 1
Note-- 2
See section 216 (Cat or dog not registered at commencement) for 3
circumstances in which an owner of a cat or dog does not contravene 4
subsection (2). 5
(3) It is a defence to a prosecution for an offence against 6
subsection (1) or (2) for the defendant to prove the cat or dog 7
is-- 8
(a) a government entity dog; or 9
(b) a working dog; or 10
(c) another class of cat or dog prescribed under a regulation. 11
(4) In subsection (1)-- 12
cat or dog does not include a cat or dog that is less than 12 13
weeks old. 14
45 Cat or dog must bear identification in particular 15
circumstances 16
A person who keeps a cat or dog, other than a regulated dog, 17
at a place other than the address stated in the registration 18
notice for the cat or dog, must ensure it bears the identification 19
prescribed under a local law unless the person has a 20
reasonable excuse. 21
Maximum penalty--20 penalty units. 22
Note-- 23
See chapter 4, part 3, division 2 for permit conditions for restricted dogs 24
and chapter 4, part 5 for permit conditions applying to declared 25
dangerous dogs and declared menacing dogs. 26
Page 33
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 2 How cat or dog is registered
[s 46]
Part 2 How cat or dog is registered 1
46 What owner must do 2
To register a cat or dog with the relevant local government for 3
the cat or dog, the owner of the cat or dog must-- 4
(a) give the local government a registration form for it that 5
complies with section 47; and 6
(b) ensure the registration form is accompanied by-- 7
(i) the registration fee for the cat or dog; and 8
(ii) if it is desexed--a signed veterinary surgeon's 9
certificate stating, or other evidence that, it has 10
been desexed; and 11
(c) if a notice is given to the owner under section 12
48(2)--give the chief executive officer of the local 13
government any other information or documents 14
required to be given in the notice. 15
47 What registration form must state 16
(1) A registration form for the registration of a cat or dog in the 17
relevant local government's area, must-- 18
(a) be in the approved form; and 19
(b) state all of the following information about its owner-- 20
(i) name; 21
(ii) residential address; 22
(iii) contact telephone number; 23
(iv) email address, if any; and 24
(c) state all of the following information about the cat or 25
dog-- 26
(i) age; 27
(ii) breed; 28
Page 34
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 2 How cat or dog is registered
[s 48]
(iii) colour; 1
(iv) sex; 2
(v) any other noticeable distinguishing features or 3
marks; 4
(vi) address; 5
(vii) if it is implanted with a PID, the PID number; 6
(viii) if it is desexed--that it has been desexed; 7
(ix) if the dog is a regulated dog--whether the dog is a 8
declared dangerous dog, a declared menacing dog 9
or a restricted dog. 10
(2) In this section-- 11
address, for a cat or dog, means-- 12
(a) for a restricted dog--the address of the place for which 13
the permit for the dog has been issued; or 14
(b) otherwise--the address of the place where the cat or dog 15
is usually kept or proposed to kept. 16
48 Chief executive officer may ask for further information 17
(1) This section applies if the owner of a cat or dog gives the 18
relevant local government for the cat or dog-- 19
(a) a registration form under section 46; or 20
(b) a notice mentioned in section 54(3) or 57(2). 21
(2) The chief executive officer of the local government may, by 22
notice, require the owner to give other information or 23
documents reasonably required to register the cat or dog. 24
(3) The notice must state a reasonable period of at least 14 days to 25
comply with the notice. 26
Page 35
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 2 How cat or dog is registered
[s 49]
49 Relevant local government must give registration notice 1
(1) This section applies if an owner of a cat or dog complies with 2
section 46 for the cat or dog. 3
(2) The relevant local government for the cat or dog must give its 4
owner notice (the registration notice) that the cat or dog has 5
been registered by the local government. 6
(3) The registration notice must-- 7
(a) be given to the owner within 14 days after the cat or dog 8
is registered in the local government's area; and 9
(b) state-- 10
(i) the information, for the owner and the cat or dog, 11
required to be given under section 47; and 12
(ii) the period of the registration; and 13
(c) be accompanied by any registration device for the cat or 14
dog; and 15
(d) include any other information prescribed under a 16
regulation. 17
50 Duration of registration 18
(1) Registration of a cat or dog is for the period of years fixed by 19
resolution of the relevant local government for the cat or dog. 20
(2) However, the period must not be more than 3 years. 21
51 Local government must keep registration form and 22
information 23
A local government giving a registration notice to the owner 24
of a cat or dog must-- 25
(a) keep the registration form and other information about 26
the cat or dog given to it by the owner; and 27
(b) if the information must be recorded in a register kept by 28
the chief executive officer of the local government-- 29
Page 36
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 2 How cat or dog is registered
[s 52]
within 7 days, record the information in the appropriate 1
register. 2
52 Registration fee must be fixed to give desexing incentive 3
(1) This section applies to a relevant local government in fixing 4
the registration fee for a cat or dog usually kept or proposed to 5
be kept in the local government's area. 6
(2) The local government must fix the fee to give the owner of the 7
cat or dog an incentive to desex it. 8
Example of an incentive to desex a cat or dog-- 9
fixing a lower registration fee for a cat or dog that is desexed 10
(3) In this section-- 11
dog means a dog other than a declared dangerous dog or 12
restricted dog. 13
Note-- 14
See section 70 (Compulsory desexing of declared dangerous dog or 15
restricted dog). 16
53 Registration fee to be used for achievement of Act's 17
purposes 18
A registration fee paid to a local government must be used-- 19
(a) for the purposes of this Act; and 20
(b) to administer local laws relating to the management of 21
cats or dogs. 22
Page 37
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 3 Amendment of registration
[s 54]
Part 3 Amendment of registration 1
54 Amendment of registration 2
(1) This section applies if any information stated on the 3
registration notice for a cat or dog changes (the changed 4
information). 5
(2) However, this section does not apply if the changed 6
information is a change of residential address for a permit 7
holder. 8
Note-- 9
See schedule 1, section 8 (Notice of change of address). 10
(3) The owner of the cat or dog must, within 7 days, give the 11
relevant local government notice of the changed information. 12
Maximum penalty--5 penalty units. 13
(4) The notice must be-- 14
(a) in the approved form; and 15
(b) accompanied by other information or documents to 16
enable the relevant local government to record the 17
changed information in the appropriate register. 18
55 Relevant local government must give notice of change 19
(1) This section applies if the chief executive officer of the 20
relevant local government for a cat or dog is given a notice 21
under section 54(3). 22
(2) The chief executive officer may ask the owner of the cat or 23
dog for other information or documents in the way mentioned 24
in section 48. 25
(3) The owner must give the chief executive officer the 26
information or documents required to be given in the notice 27
mentioned in section 48(2). 28
Maximum penalty--5 penalty units. 29
Page 38
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 4 Renewal of registration
[s 56]
(4) If the owner complies with subsection (3), the chief executive 1
must-- 2
(a) within 7 days after receiving a notice mentioned in 3
section 54(3) or other information or document given 4
under section 48, ensure the information is updated in 5
the appropriate register in a way that reflects the change; 6
and 7
(b) within 14 days after receiving the notice, ensure the 8
owner is given a notice for the cat or dog that includes 9
the changed information mentioned in section 54. 10
Part 4 Renewal of registration 11
56 Relevant local government must give renewal notice 12
(1) The chief executive officer of the relevant local government 13
for a cat or dog must give its owner notice (the renewal 14
notice) to renew the registration for the cat or dog. 15
(2) The renewal notice must-- 16
(a) be given at least 14 days before the period of registration 17
in the local government's area for the cat or dog expires; 18
and 19
(b) state-- 20
(i) the information, for the owner and the cat or dog, 21
stated in the general register for the cat or dog; and 22
(ii) the period of renewal of registration; and 23
(iii) that the owner must, within 10 days, give the chief 24
executive officer notice of any change to the 25
information; and 26
(c) include any other information prescribed under a 27
regulation. 28
Page 39
Animal Management (Cats and Dogs) Bill 2008
Chapter 3 Registration
Part 4 Renewal of registration
[s 57]
57 What owner must do 1
(1) This section applies if the period of registration for a cat or 2
dog expires, whether or not its owner has been given a 3
renewal notice about the expiry of the period. 4
(2) The owner of the cat or dog must, within 14 days after 5
receiving the renewal notice-- 6
(a) if any information on the renewal notice has 7
changed--give the local government notice of the 8
change (the changed information); and 9
(b) pay the registration fee for the cat or dog; and 10
(c) if it is desexed--ensure the fee is accompanied by a 11
signed veterinary surgeon's certificate stating, or other 12
evidence that, it has been desexed. 13
Maximum penalty--20 penalty units. 14
(3) However, if a registration form for a cat or dog in the relevant 15
local government's area has already been accompanied by the 16
certificate or evidence mentioned in subsection (2) for the cat 17
or dog, the certificate or evidence need not accompany the fee. 18
58 Relevant local government must give registration notice 19
(1) This section applies if the owner of a cat or dog given a 20
renewal notice under section 56 complies with section 57 for 21
the cat or dog. 22
(2) The chief executive officer of the local government may ask 23
the owner for other information or documents in the way 24
mentioned in section 48. 25
(3) The owner must give the chief executive officer the 26
information or documents required to be given in the notice 27
mentioned in section 48(2). 28
Maximum penalty--5 penalty units. 29
(4) If the owner complies with subsection (3), the chief executive 30
must-- 31
Page 40
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 1 Preliminary
[s 59]
(a) within 7 days after receiving the notice mentioned in 1
section 57(2), ensure the information is updated in the 2
appropriate register in a way that reflects the change; 3
and 4
(b) within 14 days after receiving the fee, any information 5
or documents mentioned in section 57(2) or other 6
information or documents given under section 48, give 7
the owner-- 8
(i) a registration notice for the cat or dog; and 9
(ii) any registration device for the cat or dog. 10
Chapter 4 Regulated dogs 11
Part 1 Preliminary 12
Division 1 Purpose and application of chapter 13
59 Purpose of ch 4 and its achievement 14
(1) The purposes of this chapter are to-- 15
(a) protect the community from damage or injury, or risk of 16
damage or injury, from particular types of dogs called 17
`regulated dogs'; and 18
(b) ensure the dogs are-- 19
(i) not a risk to community health or safety; and 20
(ii) controlled and kept in a way consistent with 21
community expectations and the rights of 22
individuals. 23
(2) The purposes are to be achieved primarily by the following-- 24
Page 41
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 1 Preliminary
[s 60]
(a) providing for local governments to declare dogs to be 1
dangerous dogs, menacing dogs or restricted dogs; 2
(b) providing for the compulsory desexing of declared 3
dangerous dogs and restricted dogs; 4
(c) providing for identification of dogs as regulated dogs; 5
(d) providing for permits for restricted dogs; 6
(e) imposing conditions on keeping, and requirements for 7
the control of, regulated dogs; 8
(f) allowing authorised persons to seize or destroy dogs in 9
particular circumstances; 10
(g) providing for local governments to administer, and be 11
responsible for, the matters mentioned in paragraphs (a) 12
to (f). 13
Division 2 Interpretation 14
60 What is a regulated dog 15
A regulated dog is-- 16
(a) a declared dangerous dog; or 17
(b) a declared menacing dog; or 18
(c) a restricted dog. 19
61 What is a declared dangerous dog 20
A declared dangerous dog is-- 21
(a) a dangerous dog declared under section 94 to be a 22
dangerous dog; or 23
(b) a dog declared under a corresponding law to be 24
dangerous dog. 25
Page 42
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 1 Preliminary
[s 62]
62 What is a declared menacing dog 1
A declared menacing dog is-- 2
(a) a menacing dog declared under section 94 to be a 3
menacing dog; or 4
(b) a dog declared under a corresponding law to be 5
menacing dog. 6
63 What is a restricted dog 7
(1) A restricted dog is a dog of a breed prohibited from 8
importation into Australia under the Customs Act 1901 9
(Cwlth). 10
Note-- 11
See the Customs (Prohibited Imports) Regulations 1956 (Cwlth), 12
section 3 and schedule 1 (Goods the importation of which is prohibited 13
absolutely). 14
(2) Also, a dog is a restricted dog if it is the subject of a restricted 15
dog declaration. 16
64 When a regulated dog is under effective control 17
(1) A regulated dog is under the effective control of someone 18
only if-- 19
(a) an adult who is physically able to control the dog-- 20
(i) is holding it by an appropriate leash; or 21
(ii) has appropriately tethered it to an object fixed to a 22
place from which the object can not be moved by 23
the dog and is continuously supervising the dog; or 24
(b) the dog is participating in, or being exhibited or trained 25
at, an exhibition or an obedience trial supervised by a 26
body recognised for this section by the relevant local 27
government. 28
(2) For subsection (1), a dog is held by an appropriate leash or 29
appropriately tethered only if the leash or tether is of the 30
Page 43
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 2 General restrictions and prohibitions
[s 65]
dimensions, quality and type that are appropriate to restrain 1
the dog and ensure it is not a risk to community health or 2
safety. 3
Part 2 General restrictions and 4
prohibitions 5
Division 1 Application of part 6
65 Application of pt 2 7
(1) This part does not apply to a local government in relation to a 8
regulated dog if the dog has been surrendered to it. 9
(2) Section 66 does not apply to another person for an act if the 10
act is the surrender of the dog to the relevant local 11
government. 12
Note-- 13
See section 100 (Surrender of regulated dog). 14
Division 2 General prohibitions 15
66 Prohibition on supply of restricted dog 16
(1) A person must not supply a restricted dog or proposed 17
restricted dog to someone else unless-- 18
(a) the supply is made under a distribution in the estate of a 19
deceased person; or 20
(b) the person has a reasonable excuse. 21
Maximum penalty--150 penalty units. 22
(2) In this section-- 23
Page 44
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 2 General restrictions and prohibitions
[s 67]
proposed restricted dog means a dog the subject of-- 1
(a) a proposed declaration notice that has not been 2
withdrawn; or 3
(b) a restricted dog declaration that has been stayed under 4
section 184 or 190. 5
67 Prohibition on supply of declared dangerous dog or 6
menacing dog 7
(1) A person (the relevant person) must not supply a declared 8
dangerous dog or a declared menacing dog (a designated dog) 9
or a proposed declared dog (also a designated dog) to 10
someone else unless-- 11
(a) the relevant person gives the other person a notice 12
stating that the dog is a designated dog; or 13
(b) the relevant person has a reasonable excuse. 14
Maximum penalty--150 penalty units. 15
(2) In this section-- 16
proposed declared dog means a dog the subject of-- 17
(a) a proposed declaration notice that has not been 18
withdrawn; or 19
(b) a dangerous dog declaration or menacing dog 20
declaration that has been stayed under section 184 or 21
190. 22
68 Abandonment prohibited 23
(1) The owner of, or a responsible person for, a regulated dog 24
must not abandon it unless the owner or responsible person 25
has a reasonable excuse. 26
Maximum penalty--300 penalty units. 27
(2) In this section-- 28
Page 45
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 2 General restrictions and prohibitions
[s 69]
abandon includes leave for an unreasonable period, having 1
regard to community health and safety. 2
Division 3 Restricted dogs and declared 3
dangerous dogs only 4
69 Prohibition on breeding 5
(1) A person must not give, or take, possession of a declared 6
dangerous dog or restricted dog for the purpose of allowing it 7
to breed with another dog. 8
Maximum penalty--150 penalty units 9
(2) The owner of, or a responsible person for, a declared 10
dangerous dog or restricted dog must not allow or encourage 11
the dog to breed with another dog. 12
Maximum penalty--150 penalty units. 13
70 Compulsory desexing of declared dangerous dog or 14
restricted dog 15
(1) The owner of a declared dangerous dog or a restricted dog 16
must ensure it is desexed-- 17
(a) if the dog is a declared dangerous dog--within 3 months 18
after the dog is declared as a dangerous dog unless 19
desexing is likely to be a serious risk to the dog's health; 20
or 21
(b) if the dog is a restricted dog--within 3 months after the 22
later of the following to happen unless desexing is likely 23
to be a serious risk to the dog's health-- 24
(i) any person is issued a restricted dog permit to keep 25
the dog; 26
(ii) the dog turns 6 months. 27
Maximum penalty--150 penalty units. 28
Page 46
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 71]
(2) If the owner does not desex the dog because desexing is likely 1
to temporarily be a serious risk to the dog's health (the 2
temporary condition)-- 3
(a) the obligation under subsection (1) continues despite the 4
matters mentioned in subsection (1)(a) or (b) having 5
happened; and 6
(b) the owner must ensure the dog is desexed within 3 7
months after the temporary condition ceases. 8
Maximum penalty--150 penalty units. 9
Division 4 Restricted dogs only 10
71 Permit required for restricted dog 11
A person must not, unless the person has a reasonable excuse, 12
own, or be a responsible person for, a restricted dog unless the 13
relevant local government has issued a restricted dog permit to 14
someone to keep the dog. 15
Maximum penalty--75 penalty units. 16
Part 3 Restricted dog permits 17
Division 1 Obtaining permit for restricted dog 18
Subdivision 1 Permit applications 19
72 Who may apply for permit 20
(1) An adult may apply to the relevant local government for a 21
permit to keep a restricted dog at a stated place in its area (a 22
permit application). 23
Page 47
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 73]
(2) However, a permit application may be made for a place only 1
if-- 2
(a) there is a detached house on the place; and 3
(b) someone usually lives in the house. 4
(3) A permit application may be made for more than 1 restricted 5
dog for the same place only if the keeping of more than 1 6
restricted dog and more than 1 dog of any breed is permitted 7
under a local law. 8
73 Requirements for application 9
A permit application must-- 10
(a) be in the approved form; and 11
(b) state the following-- 12
(i) the applicant's name and residential address; 13
(ii) the following details for each restricted dog the 14
subject of the application-- 15
· age 16
· breed 17
· colour 18
· sex 19
· any other noticeable distinguishing features 20
or marks; 21
(iii) the address of the place for which the application is 22
made; 23
(iv) the type of each structure at the place; and 24
(c) if the dog is 9 months or older--be accompanied by a 25
signed veterinary surgeon's certificate stating, or other 26
evidence of, either of the following-- 27
(i) that the dog has been desexed; 28
Page 48
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 74]
(ii) that desexing is likely to be a serious risk to the 1
dog's health; and 2
(d) be supported by enough other information to enable the 3
local government to decide the application; and 4
(e) be accompanied by-- 5
(i) a recent colour photo of the dog; and 6
(ii) the fee fixed by resolution of a local government. 7
74 Inquiries into application for permit 8
(1) The relevant local government may, after a permit application 9
has been made, by notice, require the applicant to give it a 10
stated document or information that is relevant to the 11
application. 12
(2) The notice may require the applicant to verify the correctness 13
of the document or information by statutory declaration. 14
Note-- 15
See also section 111(1)(e) and (2). 16
75 Deciding application 17
(1) The relevant local government must either grant or refuse a 18
permit application within 21 days after the later of the 19
following to happen-- 20
(a) the making of the application; 21
(b) it receives all necessary information to decide the 22
application. 23
(2) The local government must refuse the application if-- 24
(a) the applicant-- 25
(i) is a minor; or 26
(ii) has been convicted of an offence against this 27
chapter and the conviction is not a spent 28
conviction; or 29
Page 49
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 76]
(b) it is not satisfied the place for which the application is 1
made has a detached house on it in which someone 2
usually lives; or 3
(c) it is satisfied the restricted dog the subject of the 4
application is 9 months or older and has not been 5
desexed. 6
(3) However, subsection (2)(c) does not apply if the local 7
government is satisfied desexing is likely to be a serious risk 8
to the health of the dog. 9
(4) A regulation may provide that the application must be refused 10
in another stated circumstance. 11
(5) If the local government decides to grant the application, it 12
may impose a condition provided for under a regulation made 13
under section 80(2). 14
76 Criteria for decision 15
In deciding a permit application, the matters the relevant local 16
government must consider include-- 17
(a) whether the place for which the application is made is 18
suitable, having regard to community health and safety; 19
and 20
(b) whether, if the application were to be granted, the permit 21
conditions would be complied with for each restricted 22
dog the subject of the application; and 23
(c) another matter prescribed under a regulation. 24
Subdivision 2 Action after decision on application 25
77 Grant of application 26
(1) As soon as practicable after deciding to grant a permit 27
application, the relevant local government must issue the 28
Page 50
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 78]
applicant with a restricted dog permit for the restricted dog the 1
subject of the application. 2
(2) The permit must be in the approved form. 3
78 Duration of permit 4
A restricted dog permit expires 1 year after the day the permit 5
holder is issued the permit. 6
79 Notice of refusal of permit application 7
As soon as practicable after deciding to refuse a permit 8
application, the relevant local government must give the 9
applicant an information notice about the decision. 10
Division 2 Permit conditions 11
80 Operation of div 2 12
(1) This division imposes conditions on each restricted dog 13
permit. 14
(2) Also, a regulation may prescribe other conditions for each 15
restricted dog permit the local government issues. 16
(3) The conditions mentioned in subsections (1) and (2) apply for 17
each restricted dog the subject of the permit. 18
(4) However, if a restricted dog permit states a condition does not 19
take effect until a stated day, the condition does not apply until 20
that day. 21
(5) The stated day can not be more than 21 days after the holder is 22
issued the permit. 23
Page 51
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 81]
81 Obligation to comply with permit conditions under sch 1 1
(1) A permit holder must ensure each permit condition stated in 2
schedule 1 is complied with for the restricted dog the subject 3
of the holder's permit. 4
Maximum penalty--75 penalty units. 5
(2) Any responsible person for a restricted dog the subject of a 6
restricted dog permit must ensure each permit condition stated 7
in schedule 1 is complied with for the dog the subject of the 8
permit. 9
Maximum penalty--75 penalty units. 10
Division 3 Renewal of permit 11
82 When permit may be renewed 12
(1) A permit holder may apply to the relevant local government to 13
renew the holder's permit (a renewal application). 14
(2) However, a renewal application can not be made-- 15
(a) if the permit has expired; or 16
(b) within 21 days before the permit's expiry; or 17
(c) if the applicant has been convicted of an offence against 18
this chapter and the conviction is not a spent conviction. 19
83 Requirements for renewal application 20
A renewal application must be-- 21
(a) in the approved form; and 22
(b) supported by enough other information to enable the 23
local government to decide the application; and 24
(c) accompanied by the fee fixed by resolution of a local 25
government. 26
Page 52
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 84]
84 Deciding renewal application 1
(1) The relevant local government must either grant or refuse a 2
renewal application within 21 days after the later of the 3
following to happen-- 4
(a) the making of the application; 5
(b) it receives all necessary information to decide the 6
application. 7
(2) The local government must refuse the application if the 8
applicant has been convicted of an offence against this chapter 9
and the conviction is not a spent conviction. 10
(3) A regulation may provide that the application must be refused 11
in another stated circumstance. 12
(4) The local government-- 13
(a) must, in deciding the application, consider the criteria 14
mentioned in section 76; and 15
(b) may seek further documents or information in the way 16
mentioned in section 74. 17
(5) The local government must, as soon as practicable after 18
deciding the application-- 19
(a) if the decision is to grant--issue the applicant with a 20
restricted dog permit that has been renewed (a renewed 21
permit) in the approved form; or 22
(b) if the decision is to refuse--give the applicant an 23
information notice about the decision. 24
85 Duration of renewed permit 25
A renewed permit expires 1 year after the day the permit 26
holder is issued the renewed permit. 27
Page 53
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 3 Restricted dog permits
[s 86]
Division 4 Amendment of permits 1
86 Application for change of place for permit 2
(1) A permit holder may apply to the relevant local government to 3
change the place for which the permit has been issued. 4
(2) However, the place can not be changed to a place outside the 5
local government's area. 6
(3) Division 1 applies to the application, with necessary changes, 7
as if it were a permit application. 8
87 Amendment by relevant local government 9
(1) The relevant local government may amend a restricted dog 10
permit at any time, by giving the permit holder notice of the 11
amendment and recording particulars of the amendment in its 12
restricted dog register, if the amendment-- 13
(a) is to correct a clerical or formal error; or 14
(b) does not adversely affect the holder's interests; or 15
(c) is at the holder's written request. 16
(2) However, the amendment can not be inconsistent with a 17
permit condition or impose a condition on the permit other 18
than a permit condition. 19
Division 5 Miscellaneous 20
88 No transfer of restricted dog permit 21
A restricted dog permit can not be transferred. 22
Page 54
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 4 Regulated dog declarations
[s 89]
Part 4 Regulated dog declarations 1
89 Power to make declaration 2
(1) Any local government may, by complying with the 3
requirements of this part-- 4
(a) declare a particular dog to be a declared dangerous dog 5
(a dangerous dog declaration); or 6
(b) declare a particular dog to be a declared menacing dog 7
(a menacing dog declaration); or 8
(c) declare a particular dog to be a restricted dog (a 9
restricted dog declaration). 10
Note-- 11
See sections 61 (What is a declared dangerous dog), 62 (What is 12
a declared menacing dog) and 63(2) (What is a restricted dog). 13
(2) A dangerous dog declaration may be made for a dog only if 14
the dog-- 15
(a) has seriously attacked, or acted in a way that caused fear 16
to, a person or another animal; or 17
(b) may, in the opinion of an authorised person having 18
regard to the way the dog has behaved towards a person 19
or another animal, seriously attack, or act in a way that 20
causes fear to, the person or animal. 21
(3) A menacing dog declaration may be made for a dog only if a 22
ground mentioned in subsection (2) exists for the dog, except 23
that the attack was not serious. 24
(4) A restricted dog declaration may be made for a dog only if the 25
local government is satisfied the dog is of a breed mentioned 26
in section 63(1). 27
(5) The declaration may be made even if the dog is not in the 28
local government's area. 29
(6) A declaration under this section is a regulated dog 30
declaration. 31
Page 55
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 4 Regulated dog declarations
[s 90]
(7) In this section-- 1
seriously attack means to attack in a way causing bodily 2
harm, grievous bodily harm or death. 3
90 Notice of proposed declaration 4
(1) If a local government proposes to make a regulated dog 5
declaration it must give any owner of the dog notice (a 6
proposed declaration notice) stating-- 7
(a) the following details for the dog-- 8
(i) breed; 9
(ii) colour; 10
(iii) sex; 11
(iv) any other noticeable distinguishing features or 12
marks; and 13
(b) the local government proposes to declare the dog to be a 14
regulated dog; and 15
(c) the type of regulated dog declaration proposed to be 16
made, other than for a restricted dog; and 17
(d) if the proposed declaration is for a dangerous dog 18
declaration or menacing dog declaration--reasons for 19
the proposed declaration; and 20
(e) an owner of the dog may make, within a stated period, 21
written representations to show why the proposed 22
declaration should not be made; and 23
(f) if the dog is a restricted dog, that-- 24
(i) the representations may include a written opinion 25
from a veterinary surgeon or other evidence about 26
the dog's breed; and 27
(ii) under section 71, a person must not, unless the 28
person has a reasonable excuse, own, or be a 29
responsible person for, a restricted dog unless the 30
Page 56
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 4 Regulated dog declarations
[s 91]
relevant local government has issued a restricted 1
dog permit for the dog. 2
(2) The stated period must end at least 14 days after the proposed 3
declaration notice is given. 4
(3) The proposed declaration notice may be accompanied by a 5
written opinion from a veterinary surgeon or other evidence 6
about the dog's breed. 7
91 Proposed declaration notice does not limit other powers 8
The giving of a proposed declaration notice does not limit an 9
authorised person's powers under-- 10
(a) chapter 5; or 11
(b) a regulation. 12
92 Withdrawing proposed declaration notice 13
The local government may withdraw the proposed declaration 14
notice by giving notice of the withdrawal to any owner of the 15
dog the subject of the notice. 16
93 Owner's obligations if proposed declaration notice in 17
force 18
(1) Each owner of, and responsible person for, the dog the subject 19
of the proposed declaration notice must ensure the 20
requirements under schedule 1, section 3, are complied with 21
for the dog. 22
Maximum penalty--75 penalty units. 23
Notes-- 24
· schedule 1, section 3 (Muzzling and effective control in public) 25
Page 57
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 4 Regulated dog declarations
[s 94]
· See also sections 66 (Prohibition on supply of restricted dog) and 1
67 (Prohibition on supply of declared dangerous dog or declared 2
menacing dog). 3
(2) Subsection (1) ceases to apply if the notice is withdrawn. 4
94 Making declaration 5
(1) The local government must consider any written 6
representations and evidence accompanying them within the 7
period stated in the proposed declaration notice. 8
(2) If, after complying with subsection (1), the local government 9
is satisfied that the relevant ground under section 89 still 10
exists, it must make the regulated dog declaration for the dog. 11
95 Notice and taking effect of declaration 12
(1) As soon as practicable after deciding to make a regulated dog 13
declaration, the local government must give any owner of the 14
dog the subject of the declaration a notice under subsection 15
(2) or (3). 16
(2) If the proposed declaration notice was for a restricted dog and 17
accompanied by a written opinion from a veterinary surgeon 18
stating, or to the effect, that the dog is of a breed mentioned in 19
section 63(1), the notice must state the decision and reasons 20
for it. 21
(3) If subsection (2) does not apply, the notice must be an 22
information notice about the decision. 23
(4) The decision takes effect on the later of the following days-- 24
(a) the day any owner of the dog is given the notice; 25
(b) a later day of effect stated in the notice. 26
(5) If the information notice is about a declared dangerous dog or 27
declared menacing dog, the information notice must 28
include-- 29
(a) that the dog is the subject of-- 30
Page 58
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 5 Application of particular permit conditions for declared dangerous or menacing dogs
[s 96]
(i) if the dog is a dangerous dog--a dangerous dog 1
declaration; or 2
(ii) if the dog is a menacing dog--a menacing dog 3
declaration; and 4
(b) the reasons for the declaration; and 5
(c) the local government that made the declaration; and 6
(d) the day the decision takes effect; and 7
(e) that the dog must not be kept at a place other than-- 8
(i) if the dog is declared dangerous dog or declared 9
relevant dog--the place stated in the registration 10
notice as the address for it; or 11
(ii) if the dog is a restricted dog--the place for which a 12
restricted dog permit has been issued; and 13
(f) if the dog is impounded--a unique number given to the 14
dog by the local government for the purposes of 15
impounding; and 16
(g) any other information prescribed under a regulation. 17
Part 5 Application of particular permit 18
conditions for declared 19
dangerous or menacing dogs 20
96 Operation of pt 5 21
(1) This part imposes conditions on the owner of, or responsible 22
person for, a declared dangerous dog or declared menacing 23
dog. 24
(2) Also, a regulation may prescribe other conditions for a 25
declared dangerous dog or declared menacing dog. 26
Page 59
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 5 Application of particular permit conditions for declared dangerous or menacing dogs
[s 97]
(3) The conditions mentioned in subsections (1) and (2) apply for 1
a declared dangerous dog or declared menacing dog. 2
(4) However, if the information notice mentioned in section 95(5) 3
about the dog states a condition does not take effect until a 4
stated day, the condition does not apply until that day. 5
(5) The stated day can not be more than 21 days after the owner is 6
issued the information notice. 7
97 Declared dangerous dogs 8
(1) A relevant person for a declared dangerous dog must ensure 9
each permit condition imposed under schedule 1, sections 2 to 10
6 in relation to the dog is complied with for the dog. 11
Maximum penalty--75 penalty units. 12
(2) In this section-- 13
relevant person, for a declared dangerous dog, means the 14
owner of, or any responsible person for, a declared dangerous 15
dog. 16
98 Declared menacing dogs 17
(1) A relevant person for a declared menacing dog must ensure 18
each permit condition imposed under schedule 1, sections 2 19
and 4 to 6 in relation to the dog is complied with for the dog. 20
Maximum penalty--75 penalty units. 21
(2) In this section-- 22
relevant person, for a declared menacing dog, means the 23
owner of, or any responsible person for, a declared menacing 24
dog. 25
Page 60
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 6 Miscellaneous provisions
[s 99]
Part 6 Miscellaneous provisions 1
99 Failure to decide application taken to be refusal 2
If a local government does not decide a permit application or 3
renewal application within the period required under part 3 for 4
deciding the application, it is taken to have been refused at the 5
end of the period. 6
100 Surrender of regulated dog 7
(1) An owner of a regulated dog may surrender it to the relevant 8
local government. 9
(2) On the surrender, the dog becomes the local government's 10
property. 11
(3) The local government must destroy the dog as soon as 12
practicable after the surrender. 13
101 Defence for regulated dog owner 14
It is a defence in a proceeding for an offence against this 15
chapter relating to a regulated dog against an owner of the dog 16
for the owner to prove-- 17
(a) another person also owns the dog or owned it when the 18
act or omission the subject of the proceeding happened; 19
and 20
(b) the other owner has-- 21
(i) been convicted of the same offence or another 22
offence constituted by the act or omission; and 23
(ii) met or paid any penalty imposed for the 24
conviction. 25
Page 61
Animal Management (Cats and Dogs) Bill 2008
Chapter 4 Regulated dogs
Part 6 Miscellaneous provisions
[s 102]
102 Recovery of seizure or destruction costs 1
(1) This section applies if a local government has incurred a cost 2
for an authorised person appointed by it to-- 3
(a) take possession of, or move, a regulated dog that, under 4
chapter 5, part 4, has been seized (a seized dog); or 5
(b) take action to restrict access to a seized dog; or 6
(c) provide a seized dog with accommodation, food, rest, 7
water or other living conditions; or 8
(d) arrange veterinary or other treatment for a seized dog; or 9
(e) destroy a seized dog under section 127. 10
(2) The local government may recover the cost from the dog's 11
owner or former owner if the incurring of the cost was 12
necessary and reasonable. 13
(3) In considering whether the cost was necessary and reasonable, 14
regard must be had to any surrender of the dog to the local 15
government. 16
(4) The cost may be claimed and ordered in a proceeding-- 17
(a) to recover a debt of the amount; or 18
(b) for an offence against this chapter to which the claim 19
relates. 20
(5) This section does not limit a court's powers under the 21
Penalties and Sentences Act 1992 or another law. 22
103 Cost of regulated dog enclosure--dividing fence 23
(1) This section applies if an enclosure, or proposed enclosure, 24
for a regulated dog is, or when built will be, a dividing fence 25
under the Dividing Fences Act 1953, in whole or part. 26
(2) The liabilities and rights under the Dividing Fences Act 1953, 27
or a proposed order under that Act, of adjoining owners in 28
relation to the fence for the cost of building, altering, 29
repairing, replacing or maintaining the fence must be worked 30
out as if-- 31
Page 62
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 1 Authorised persons
[s 104]
(a) there is not, and will not be, a regulated dog in the 1
enclosure; and 2
(b) the requirements of this chapter relating to the enclosure 3
do not apply. 4
(3) If the fence is, or is proposed to be, built by a person who 5
leases the place for which a restricted dog permit is granted, 6
or is to be granted-- 7
(a) the Dividing Fences Act 1953, section 20, does not 8
apply; and 9
(b) the Residential Tenancies Act 1994, chapter 3, part 5, 10
division 1, applies. 11
Editor's note-- 12
Dividing Fences Act 1953, section 20 (Apportionment of 13
contribution between owner and lessee) 14
Residential Tenancies Act 1994, chapter 3, part 5, division 1 15
(Fixtures and structural changes) 16
Chapter 5 Investigation, monitoring 17
and enforcement 18
Part 1 Authorised persons 19
104 Appointment and qualifications 20
(1) The chief executive officer of a local government may appoint 21
any of the following persons as an authorised person to 22
investigate, monitor and enforce compliance with this Act-- 23
(a) an employee of the local government; 24
(b) a person prescribed under a regulation. 25
Page 63
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 1 Authorised persons
[s 105]
(2) However, the chief executive officer may appoint a person as 1
an authorised person only if the chief executive officer is 2
satisfied the person is qualified for appointment because the 3
person has the necessary expertise or experience. 4
105 Appointment conditions and limit on powers 5
(1) An authorised person holds office on any conditions stated 6
in-- 7
(a) the authorised person's instrument of appointment; or 8
(b) a signed notice given to the authorised person; or 9
(c) a regulation. 10
(2) The instrument of appointment, a signed notice given to the 11
authorised person or a regulation may limit the authorised 12
person's powers under this Act. 13
(3) In this section-- 14
signed notice means a notice signed by the chief executive 15
officer. 16
106 Issue of identity card 17
(1) The chief executive officer of a local government must issue 18
an identity card to each authorised person. 19
(2) The identity card must-- 20
(a) contain a recent photo of the authorised person; and 21
(b) contain a copy of the authorised person's signature; and 22
(c) identify the person as an authorised person under this 23
Act; and 24
(d) state an expiry date for the card. 25
(3) This section does not prevent the issue of a single identity 26
card to a person for this Act and other purposes. 27
Page 64
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 1 Authorised persons
[s 107]
107 Production or display of identity card 1
(1) In exercising a power under this Act in relation to another 2
person, an authorised person must-- 3
(a) produce the authorised person's identity card for the 4
other person's inspection before exercising the power; 5
or 6
(b) have the identity card displayed so it is clearly visible to 7
the other person when exercising the power. 8
(2) However, if it is not practicable to comply with subsection (1), 9
the authorised person must produce the identity card for the 10
other person's inspection at the first reasonable opportunity. 11
(3) For subsection (1), an authorised person does not exercise a 12
power in relation to another person only because the 13
authorised person has entered a place as mentioned in section 14
111(1)(b) or (4). 15
108 When authorised person ceases to hold office 16
(1) An authorised person ceases to hold office if any of the 17
following happens-- 18
(a) the term of office stated in a condition of office ends; 19
(b) under another condition of office, the authorised person 20
ceases to hold office; 21
(c) the authorised person's resignation under section 109 22
takes effect. 23
(2) Subsection (1) does not limit the ways an authorised person 24
may cease to hold office. 25
(3) In this section-- 26
condition of office means a condition on which the authorised 27
person holds office. 28
Page 65
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 109]
109 Resignation 1
An authorised person may resign by signed notice given to the 2
chief executive officer of the local government that appointed 3
the person. 4
110 Return of identity card 5
A person who ceases to be an authorised person must return 6
the person's identity card to the chief executive officer of the 7
local government that appointed the person within 21 days 8
after ceasing to be an authorised person unless the person has 9
a reasonable excuse. 10
Maximum penalty--10 penalty units. 11
Part 2 Entry to places 12
Division 1 Powers of entry 13
111 General power to enter places 14
(1) An authorised person may enter a place if-- 15
(a) an occupier of the place consents to the entry; or 16
(b) it is a public place and the entry is made when it is open 17
to the public; or 18
(c) the entry is authorised by a warrant; or 19
(d) it is mentioned in a licence as a place of business and 20
is-- 21
(i) open for carrying on the business; or 22
(ii) otherwise open for entry; or 23
Page 66
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 111]
(iii) required to be open for inspection under the 1
licence; or 2
(e) the entry is-- 3
(i) to inspect the place to process an application for a 4
restricted dog permit; and 5
(ii) made other than at night; or 6
(f) the entry is-- 7
(i) to find out whether the conditions on which a 8
restricted dog permit or notice was issued have 9
been or are being complied with; and 10
(ii) made other than at night; or 11
(g) the entry is-- 12
(i) to inspect work carried out under a lawfully 13
imposed condition of a dangerous dog declaration, 14
menacing dog declaration, restricted dog permit or 15
compliance notice; and 16
(ii) made other than at night; or 17
(h) the entry is-- 18
(i) under is an approved inspection program; and 19
(ii) made at any reasonable time of the day or night. 20
(2) However, an authorised person may enter a place at night for 21
a purpose mentioned in subsection (1)(e), (f) or (g) if-- 22
(a) the entry is at a time asked by the occupier; or 23
(b) the entry is in accordance with the times provided for in 24
a compliance notice under section 132(3)(a). 25
(3) For subsection (1)(d) to (h), a place does not include a part of 26
the place where a person resides. 27
(4) For the purpose of asking an occupier of a place for consent to 28
enter, an authorised person may, without the occupier's 29
consent or a warrant-- 30
Page 67
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 112]
(a) enter land around premises at the place to an extent that 1
is reasonable to contact the occupier; or 2
(b) enter part of the place the authorised person reasonably 3
considers members of the public ordinarily are allowed 4
to enter when they wish to contact the occupier. 5
112 Additional entry powers for particular dogs 6
(1) An authorised person may enter at a place if-- 7
(a) the person reasonably suspects a dog is at the place 8
and-- 9
(i) the person reasonably suspects the dog is a 10
restricted dog--no restricted dog permit has been 11
issued for the dog; or 12
(ii) any delay in entering the place will result in-- 13
(A) a risk to community health or safety; or 14
(B) the dog being concealed or moved to avoid a 15
requirement under this chapter; or 16
(b) its occupier has been given a compliance notice and the 17
entry is made at a time stated in the notice to check 18
compliance with the notice. 19
(2) A power under subsection (1) can not be exercised using 20
force. 21
Note-- 22
For power to enter using force, see section 118 (Issue of warrant). 23
(3) However, for subsection (1)(a)(ii), an authorised person may 24
enter the place, or part of the place, with the help and using 25
the force that is necessary and reasonable in the circumstances 26
if the place is not a place where a person resides. 27
113 Approval of inspection program authorising entry 28
(1) A local government (the approving local government) may 29
by resolution approve a program (an approved inspection 30
Page 68
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 113]
program) under which an authorised person may enter a place 1
to monitor compliance with this Act or an aspect of this Act. 2
Examples of approved inspection program-- 3
monitoring compliance with requirements of permit conditions 4
(2) An approved inspection program must be a selective 5
inspection program or systematic inspection program. 6
(3) A selective inspection program provides for the selection, in 7
accordance with the resolution, of places in the local 8
government's area, or a particular part of the area, to be 9
entered and inspected. 10
(4) A systematic inspection program provides for all places, or all 11
places of a particular type, in the local government's area, or a 12
particular part of the area, to be entered and inspected. 13
(5) An approved inspection program must state the following-- 14
(a) the purpose of the program; 15
(b) when the program starts; 16
(c) for a selective inspection program-- 17
(i) objective criteria for selecting places to be entered 18
and inspected; and 19
(ii) if the places are to be selected from a part of the 20
local government's area--a description of the part; 21
(d) for a systematic inspection program-- 22
(i) if places in a part of the local government's area 23
are to be entered and inspected--a description of 24
the part; and 25
(ii) if a type of place is to be entered and inspected--a 26
description of the type; 27
(e) the period, of not more than 6 months or another period 28
prescribed under a regulation, over which the program is 29
to be carried out. 30
Page 69
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 114]
114 Notice of proposed inspection program 1
(1) At least 14 days, but not more than 28 days, before an 2
approved inspection program starts, the approving local 3
government must give notice of the program. 4
(2) The notice must be published-- 5
(a) in a newspaper circulating generally in the local 6
government's area; and 7
(b) on the local government's website. 8
(3) The notice must state the following-- 9
(a) the name of the local government; 10
(b) in general terms, the purpose and scope of the program; 11
(c) when the program starts; 12
(d) the period over which the program is to be carried out; 13
(e) that a copy of the program is open to inspection at the 14
public office of the local government until the end of the 15
program; 16
(f) that a copy of the program may be purchased at the 17
public office of the local government until the end of the 18
program; 19
(g) the price of a copy of the program. 20
(4) The price of a copy of the program must be no more than the 21
cost to the local government of having the copy available for 22
purchase and, if the copy is posted to the purchaser, the 23
postage cost. 24
115 Access to program 25
From the publication by an approving local government of a 26
notice about an approved inspection program until the end of 27
the program-- 28
(a) a copy of the program must be open to inspection at the 29
public office of the local government; and 30
Page 70
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 116]
(b) copies of the program must be available for purchase at 1
the public office of the local government at the price 2
stated in the notice. 3
Division 2 Entry procedures 4
Subdivision 1 Consent 5
116 Entry with consent 6
(1) This section applies if an authorised person intends to ask an 7
occupier of a place to consent to the authorised person or 8
another authorised person entering the place under section 9
111(1)(a). 10
(2) Before asking for the consent, the authorised person must tell 11
the occupier-- 12
(a) the purpose of the entry; and 13
(b) that the occupier is not required to consent. 14
(3) If the consent is given, the authorised person may ask the 15
occupier to sign an acknowledgment of the consent. 16
(4) The acknowledgment must state-- 17
(a) the occupier has been told-- 18
(i) the purpose of the entry; and 19
(ii) that the occupier is not required to consent; and 20
(b) the purpose of the entry; and 21
(c) the occupier gives the authorised person consent to enter 22
the place and exercise powers under this part; and 23
(d) the time and date the consent was given. 24
(5) If the occupier signs the acknowledgment, the authorised 25
person must immediately give a copy to the occupier. 26
(6) If-- 27
Page 71
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 117]
(a) an issue arises in a proceeding about whether the 1
occupier consented to the entry; and 2
(b) an acknowledgment complying with subsection (4) for 3
the entry is not produced in evidence; 4
the onus of proof is on the person relying on the lawfulness of 5
the entry to prove the occupier consented. 6
(7) If the occupier gives permission, the authorised person may 7
stay on the property and exercise the powers that the occupier 8
has agreed to be exercised on the property. 9
(8) However, the right to stay on the property-- 10
(a) is subject to any conditions that the occupier imposes 11
including, for example, about the times when the 12
property may be entered; and 13
(b) may be cancelled by the occupier at any time. 14
Subdivision 2 Warrants 15
117 Application for warrant 16
(1) An authorised person may apply to a magistrate for a warrant 17
for a place. 18
(2) The authorised person must prepare a written application that 19
states the grounds on which the warrant is sought. 20
(3) The written application must be sworn. 21
(4) The magistrate may refuse to consider the application until the 22
authorised person gives the magistrate all the information the 23
magistrate requires about the application in the way the 24
magistrate requires. 25
Example-- 26
The magistrate may require additional information supporting the 27
written application to be given by statutory declaration. 28
Page 72
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 118]
118 Issue of warrant 1
(1) The magistrate may issue the warrant for the place only if the 2
magistrate is satisfied there are reasonable grounds for 3
suspecting-- 4
(a) there is a particular thing or activity (the evidence) that 5
may provide evidence of an offence against this Act; and 6
(b) the evidence is at the place or, within the next 7 days, 7
will be at the place. 8
(2) The warrant must state-- 9
(a) the place to which the warrant applies; and 10
(b) that a stated authorised person may, with necessary and 11
reasonable help and force-- 12
(i) enter the place and any other place necessary for 13
entry to the place; and 14
(ii) exercise the authorised person's powers under this 15
part; and 16
(c) particulars of the offence that the magistrate considers 17
appropriate in the circumstances; and 18
(d) the name of the person suspected of having committed 19
the offence, unless the name is unknown or the 20
magistrate considers it inappropriate to state the name; 21
and 22
(e) the evidence that may be seized under the warrant; and 23
(f) the hours of the day or night when the place may be 24
entered; and 25
(g) the magistrate's name; and 26
(h) the date and time of the warrant's issue; and 27
(i) the date, within 14 days after the warrant's issue, the 28
warrant ends. 29
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Part 2 Entry to places
[s 119]
119 Application by electronic communication and duplicate 1
warrant 2
(1) An application under section 117 may be made by phone, fax, 3
email, radio, videoconferencing or another form of electronic 4
communication if the authorised person reasonably considers 5
it necessary because of-- 6
(a) urgent circumstances; or 7
(b) other special circumstances, including, for example, the 8
authorised person's remote location. 9
(2) The application-- 10
(a) may not be made before the authorised person prepares 11
the written application under section 117(2); but 12
(b) may be made before the written application is sworn. 13
(3) The magistrate may issue the warrant (the original warrant) 14
only if the magistrate is satisfied-- 15
(a) it was necessary to make the application under 16
subsection (1); and 17
(b) the way the application was made under subsection (1) 18
was appropriate. 19
(4) After the magistrate issues the original warrant-- 20
(a) if there is a reasonably practicable way of immediately 21
giving a copy of the warrant to the authorised person, for 22
example, by sending a copy by fax or email, the 23
magistrate must immediately give a copy of the warrant 24
to the authorised person; or 25
(b) otherwise-- 26
(i) the magistrate must tell the authorised person the 27
date and time the warrant is issued and the other 28
terms of the warrant; and 29
(ii) the authorised person must complete a form of 30
warrant, including by writing on it-- 31
(A) the magistrate's name; and 32
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Part 2 Entry to places
[s 119]
(B) the date and time the magistrate issued the 1
warrant; and 2
(C) the other terms of the warrant. 3
(5) The copy of the warrant mentioned in subsection (4)(a), or the 4
form of warrant completed under subsection (4)(b) (in either 5
case the duplicate warrant), is a duplicate of, and as effectual 6
as, the original warrant. 7
(6) The authorised person must, at the first reasonable 8
opportunity, send to the magistrate-- 9
(a) the written application complying with section 117(2) 10
and (3); and 11
(b) if the authorised person completed a form of warrant 12
under subsection (4)(b)--the completed form of 13
warrant. 14
(7) The magistrate must keep the original warrant and, on 15
receiving the documents under subsection (6)-- 16
(a) attach the documents to the original warrant; and 17
(b) give the original warrant and documents to the clerk of 18
the court of the relevant magistrates court. 19
(8) Despite subsection (5), if-- 20
(a) an issue arises in a proceeding about whether an 21
exercise of a power was authorised by a warrant issued 22
under this section; and 23
(b) the original warrant is not produced in evidence; 24
the onus of proof is on the person relying on the lawfulness of 25
the exercise of the power to prove a warrant authorised the 26
exercise of the power. 27
(9) This section does not limit section 117. 28
(10) In this section-- 29
relevant magistrates court, in relation to a magistrate, means 30
the Magistrates Court that the magistrate constitutes under the 31
Magistrates Act 1991. 32
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 2 Entry to places
[s 120]
120 Defect in relation to a warrant 1
A warrant is not invalidated by a defect in the warrant, or in 2
compliance with section 117, 118 or 119, unless the defect 3
affects the substance of the warrant in a material particular. 4
121 Warrants--procedure before entry 5
(1) This section applies if an authorised person named in a 6
warrant issued under this subdivision for a place is intending 7
to enter the place under the warrant. 8
(2) Before entering the place, the authorised person must do or 9
make a reasonable attempt to do the following things-- 10
(a) identify himself or herself to a person present at the 11
place who is an occupier of the place by producing a 12
copy of the authorised person's identity card or other 13
document evidencing the authorised person's 14
appointment; 15
(b) give the person a copy of the warrant; 16
(c) tell the person the authorised person is permitted by the 17
warrant to enter the place; 18
(d) give the person an opportunity to allow the authorised 19
person immediate entry to the place without using force. 20
(3) However, the authorised person need not comply with 21
subsection (2) if the authorised person believes on reasonable 22
grounds that entry to the place is required to ensure the 23
execution of the warrant is not frustrated. 24
Subdivision 3 Entry under other powers other 25
than for public places 26
122 Procedure for other entries 27
(1) This section applies if-- 28
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Chapter 5 Investigation, monitoring and enforcement
Part 3 Powers on entry
[s 123]
(a) an authorised person is intending to enter a place under 1
section 111(1), other than paragraph (a) or (c), or 112; 2
and 3
(b) the occupier of the place is present at the place. 4
(2) Before entering the place, the authorised person must do or 5
make a reasonable attempt to do the following things-- 6
(a) comply with section 107 for the occupier; 7
(b) tell the occupier the purpose of the entry; 8
(c) tell the occupier the authorised person is permitted 9
under this Act to enter the place without the occupier's 10
consent. 11
Part 3 Powers on entry 12
123 General powers after entering places 13
(1) An authorised person who has, under part 2, entered a place 14
may-- 15
(a) search any part of the place the authorised person is 16
authorised, under section 111(1)(a) or (c), to search; or 17
(b) inspect, test, photograph or film anything in or on the 18
place; or 19
(c) copy a document in or on the place; or 20
(d) take samples of or from anything in or on the place; or 21
(e) take into or onto the place any persons, equipment and 22
materials the authorised person reasonably requires for 23
exercising a power under this part; or 24
(f) require the occupier of the place, or a person in or on the 25
place, to give the authorised person reasonable help to 26
exercise the authorised person's powers under 27
paragraphs (a) to (e). 28
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Chapter 5 Investigation, monitoring and enforcement
Part 3 Powers on entry
[s 124]
(2) This section does not apply to an authorised person who 1
enters a place under section 111(4) to get the occupier's 2
agreement unless the agreement is given or the entry is 3
otherwise authorised. 4
124 Power to require reasonable help 5
(1) A person required to give reasonable help under section 6
123(1)(f) must comply with the requirement unless the person 7
has a reasonable excuse. 8
Maximum penalty--8 penalty units. 9
(2) It is a reasonable excuse for a person not to comply with the 10
requirement if complying with the requirement might tend to 11
incriminate the person. 12
(3) However, subsection (2) does not apply if the requirement is 13
to produce a document required to be kept by the person under 14
this Act. 15
125 Seizure powers for dogs 16
(1) If an authorised person has, under part 2, entered a place and 17
the person reasonably suspects a dog mentioned in the part is 18
at the place, the person may seize the dog if-- 19
(a) the person reasonably believes the dog-- 20
(i) has attacked, threatened to attack or acted in a way 21
that causes fear to, a person or another animal; or 22
(ii) is, or may be, a risk to community health or safety; 23
or 24
(b) the dog is a restricted dog and-- 25
(i) a permit application to keep the dog at the place 26
has been refused; or 27
(ii) no restricted dog permit has been issued for the 28
dog and the person reasonably believes there is a 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 4 Seized dogs
[s 126]
risk the dog may be concealed or moved to avoid a 1
requirement under chapter 4; or 2
(c) if the dog is a regulated dog--a compliance notice has 3
been given in relation to the dog and the person 4
reasonably believes the notice has not been complied 5
with. 6
(2) Also, if the place is a public place, the person may seize the 7
dog if it is not under anyone's effective control. 8
Part 4 Seized dogs 9
126 Application of pt 4 10
This part applies if an authorised person has, under section 11
125 or a warrant, seized a dog. 12
127 Power to destroy seized regulated dog 13
(1) This section applies if the dog is a regulated dog. 14
(2) The authorised person may, without notice, immediately 15
destroy the dog if-- 16
(a) the person reasonably believes the dog is dangerous and 17
the person can not control it; or 18
(b) an owner of the dog has asked the person to destroy it. 19
(3) The person may destroy the dog 3 days after the seizure if-- 20
(a) the dog-- 21
(i) was not seized under section 125(1)(b)(i); and 22
(ii) has no registered owner, or apparently has no 23
registered owner; and 24
(iii) is not the subject of a regulated dog declaration by 25
the relevant local government; and 26
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 4 Seized dogs
[s 128]
(b) the person or the relevant local government does not 1
know of anyone who owns, or is a responsible person 2
for, the dog. 3
(4) If subsection (3) does not apply, the person may make an 4
order (a destruction order) stating the person proposes to 5
destroy the dog 14 days after the order is served. 6
(5) The destruction order must-- 7
(a) be served on-- 8
(i) the registered owner of the dog; or 9
(ii) if the dog has no registered owner--any person 10
who owns, or is a responsible person for, the dog; 11
and 12
(b) include or be accompanied by an information notice 13
about the decision to give the destruction order. 14
(6) If a destruction order is made for the dog, the person may 15
destroy the dog 14 days after the order is served if no review 16
application has been made relating to the order. 17
(7) If an application for review has been made against the order, 18
the person may destroy the dog if-- 19
(a) the review is finally decided or is otherwise ended; and 20
(b) no application for an appeal has been made against the 21
order; and 22
(c) the order is still in force. 23
(8) If an appeal is made relating to the order, the person may 24
destroy the dog if-- 25
(a) the appeal is finally decided or is otherwise ended; and 26
(b) the order is still in force. 27
128 Receipt for dog in particular circumstances 28
(1) This section applies if the dog-- 29
(a) has, or appears to have, a registered owner; or 30
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 4 Seized dogs
[s 129]
(b) was seized from a person who had immediate control or 1
custody of it. 2
(2) The authorised person must, as soon as practicable after the 3
seizure, give the registered owner or person a written receipt 4
for the dog-- 5
(a) generally describing the dog and its condition; and 6
(b) stating the dog has been seized. 7
(3) If the registered owner is not present at the place at which the 8
dog was seized and-- 9
(a) the place is not a public place--the receipt may be given 10
by leaving it at the place in a conspicuous position and 11
in a reasonably secure way; or 12
(b) the place is a public place--the receipt may be given by 13
leaving it at the address stated on the registration notice 14
for the dog. 15
129 Access to seized dog 16
(1) This section applies until the dog is returned under section 17
130 or 131. 18
(2) The authorised person must allow the owner of the dog to 19
inspect it any reasonable time, from time to time. 20
(3) Subsection (2) does not apply if it is impracticable or would 21
be unreasonable to allow the inspection. 22
(4) The inspection must be provided free of charge. 23
130 Return of dog if not regulated dog 24
(1) This section applies if-- 25
(a) when the dog was seized the authorised person 26
reasonably suspected it was a regulated dog; and 27
(b) the person becomes satisfied the dog is not a regulated 28
dog. 29
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Chapter 5 Investigation, monitoring and enforcement
Part 4 Seized dogs
[s 131]
(2) As soon as practicable after becoming so satisfied, the person 1
must return the dog to any owner or other person entitled to 2
possession of it. 3
131 Return of regulated dog to registered owner 4
(1) This section applies if the dog is a regulated dog and it has, or 5
appears to have, a registered owner. 6
(2) The authorised person must, within 14 days after the seizure, 7
return the dog to the owner unless-- 8
(a) the owner has surrendered the dog to the relevant local 9
government; or 10
(b) a destruction order has been made for the dog; or 11
(c) continued retention of the dog is needed as evidence for 12
a proceeding or proposed proceeding for an offence 13
involving the dog; or 14
(d) if-- 15
(i) the dog is a restricted dog--the authorised person 16
is reasonably satisfied the owner of or a 17
responsible person for the dog has not complied 18
with a permit condition for the dog; or 19
(ii) otherwise--the authorised person is reasonably 20
satisfied the owner of or a responsible person for 21
the dog has not complied with a permit condition 22
applying for the dog. 23
Note-- 24
See chapter 4, part 5 (Application of particular permit 25
conditions for declared dangerous or menacing dogs). 26
(3) The authorised person must return the dog to the owner as 27
soon as practicable if an event as follows happens-- 28
(a) if a destruction order has been made for the dog--a 29
review or appeal is made relating to the order and, as a 30
result of the review or appeal, the order is no longer in 31
force; 32
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 5 Compliance notices for regulated dog offences
[s 132]
(b) if subsection (2)(c) applies--the dog's continued 1
retention as evidence is no longer required; 2
(c) if subsection (2)(d)(ii) applies--all of the permit 3
conditions are complied with for the dog. 4
Part 5 Compliance notices for 5
regulated dog offences 6
132 Power to give compliance notice 7
(1) This section applies if an authorised person reasonably 8
believes an owner of, or a responsible person for, a regulated 9
dog has committed, is committing or is about to commit, an 10
offence against chapter 4. 11
(2) The authorised person may give the owner or responsible 12
person notice (a compliance notice) requiring the owner or 13
responsible person to-- 14
(a) stop committing or not commit the offence; or 15
(b) take stated action to remedy the matter. 16
(3) A compliance notice may also state-- 17
(a) that an authorised person proposes, at a stated time or at 18
stated intervals, to enter premises of which the owner or 19
responsible person is the occupier to check compliance 20
with the notice; or 21
(b) how the owner or responsible person may show the 22
action has been taken. 23
133 Requirements for giving notice 24
(1) A compliance notice must be written and state the 25
following-- 26
(a) the name of the authorised person giving it; 27
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 5 Compliance notices for regulated dog offences
[s 133]
(b) the local government that appointed the person; 1
(c) that the authorised person believes the owner or 2
responsible person given the notice has committed, is 3
committing or is about to commit, an offence against 4
chapter 4; 5
(d) the nature of the offence; 6
(e) that the owner or responsible person must-- 7
(i) stop committing or not commit the offence; or 8
(ii) take stated required action; 9
(f) a reasonable period within which any required action 10
must be taken. 11
(2) Despite subsection (1), a compliance notice may be given 12
orally if-- 13
(a) either-- 14
(i) the authorised person giving the notice reasonably 15
believes continued commission of the offence 16
needs to be stopped, or the required action needs to 17
be taken, urgently; or 18
(ii) for any reason it is not practicable to immediately 19
give the notice in writing; and 20
(b) the authorised person gives the owner or responsible 21
person an offence warning. 22
(3) If a compliance notice is given orally, the authorised person 23
giving the notice must confirm the notice by also giving it in 24
writing as soon as practicable after giving it orally. 25
(4) In this section-- 26
offence warning, for a notice under subsection (2), means a 27
warning that, without a reasonable excuse, it is an offence for 28
the person to whom the notice is given not to comply with it. 29
Page 84
Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 6 Miscellaneous provisions
[s 134]
134 Failure to comply with notice 1
(1) A person to whom a compliance notice has been given must 2
comply with the notice unless the person has a reasonable 3
excuse. 4
Maximum penalty--75 penalty units. 5
Note-- 6
See, however, the Acts Interpretation Act 1954, section 45 (Offence 7
punishable only once). 8
(2) It is a reasonable excuse if, when the notice was given, the 9
person had not committed, was not committing or was not 10
about to commit, the offence stated in the notice. 11
Part 6 Miscellaneous provisions 12
135 References in ch 5 to local government and authorised 13
person 14
(1) In a provision of this chapter about a local government, a 15
reference to an authorised person is a reference to an 16
authorised person appointed by the local government. 17
(2) In a provision of this chapter about an authorised person, a 18
reference to a local government is a reference to the local 19
government that appointed the authorised person. 20
136 Impersonating authorised person 21
A person must not pretend to be an authorised person. 22
Maximum penalty--50 penalty units. 23
137 Obstruction of authorised person 24
(1) A person must not obstruct an authorised person in the 25
exercise of a power unless the person has a reasonable excuse. 26
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Chapter 5 Investigation, monitoring and enforcement
Part 6 Miscellaneous provisions
[s 138]
Maximum penalty--50 penalty units. 1
(2) If a person has obstructed an authorised person and the 2
authorised person decides to proceed with the exercise of the 3
power, the authorised person must warn the person that-- 4
(a) it is an offence to obstruct the authorised person unless 5
the person has a reasonable excuse; and 6
(b) the authorised person considers the person's conduct an 7
obstruction. 8
(3) In this section-- 9
obstruct includes assault, hinder, resist and attempt or 10
threaten to obstruct. 11
138 Authorised person may ask police officer for help in 12
exercising particular powers 13
(1) For exercising a power under section 111(1)(h), 112, 123 or 14
125 (each the relevant provision), an authorised person is 15
declared to be a public official for the Police Powers and 16
Responsibilities Act 2000. 17
Note-- 18
For the powers of a police officer while helping a public official, see the 19
Police Powers and Responsibilities Act 2000, section 16. 20
(2) If asked by an authorised person, a police officer may exercise 21
the power under the relevant provision-- 22
(a) with the help that is reasonable in the circumstances; 23
and 24
(b) using the force that is reasonable in the circumstances; 25
and 26
(c) as soon as reasonably practicable ensure reasonable help 27
is given. 28
(3) For giving the help, a police officer is taken to have responded 29
to a request by a public official under the Police Powers and 30
Responsibilities Act 2000, section 16(3). 31
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 6 Miscellaneous provisions
[s 139]
(4) In exercising a power under the relevant provision, the 1
authorised person must, to the extent that it is reasonable and 2
practicable in the circumstances, explain to the police 3
officer-- 4
(a) the powers the authorised person has under the relevant 5
provision; and 6
(b) the reasons for exercising the powers. 7
(5) Failure to comply with subsection (4) does not affect the 8
validity of the exercise of the power. 9
139 Power to require name and address 10
(1) An authorised person may require a person to state the 11
person's name and residential or business address if the 12
authorised person-- 13
(a) finds a person committing an offence against this Act; or 14
(b) finds a person in circumstances that lead the authorised 15
person to reasonably suspect the person has just 16
committed an offence against this Act; or 17
(c) has information that leads the authorised person to 18
reasonably suspect a person has just committed an 19
offence against this Act. 20
(2) When making the requirement, the authorised person must 21
give the person an offence warning. 22
(3) The authorised person may also require the person to give 23
evidence of the correctness of the stated name or required 24
address if, in the circumstances, it would be reasonable to 25
expect the person to-- 26
(a) be in possession of evidence of the correctness of the 27
stated name or address; or 28
(b) otherwise be able to give the evidence. 29
(4) A requirement under this section is called a personal details 30
requirement. 31
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Chapter 5 Investigation, monitoring and enforcement
Part 6 Miscellaneous provisions
[s 140]
(5) In this section-- 1
offence warning, for a requirement under subsection (2), 2
means a warning that, without a reasonable excuse, it is an 3
offence for the person to whom the requirement is made not to 4
comply with it. 5
140 Failure to comply with personal details requirement 6
(1) A person of whom a personal details requirement has been 7
made must comply with the requirement unless the person has 8
a reasonable excuse. 9
Maximum penalty--50 penalty units. 10
(2) It is a reasonable excuse if-- 11
(a) the requirement was given because the authorised 12
person giving it suspected the person has committed an 13
offence against this Act; and 14
(b) the person is not proved to have committed the offence. 15
141 Authorised person to give notice of damage 16
(1) This section applies if-- 17
(a) an authorised person damages anything in the exercise 18
of a power under chapter 4 or this chapter; or 19
(b) a person who is authorised by an authorised person to 20
take action under chapter 4 or this chapter damages 21
anything in taking the action. 22
(2) The authorised person must, as soon as practicable, give 23
notice of the particulars of the damage to the person who 24
appears to be the thing's owner. 25
(3) However, if for any reason it is not practicable to comply with 26
subsection (2), the authorised person must leave the notice, in 27
a reasonably secure way and in a conspicuous position, at the 28
place where the damage happened. 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and enforcement
Part 6 Miscellaneous provisions
[s 142]
(4) If the authorised person believes the damage was caused by a 1
latent defect in the thing or other circumstances beyond the 2
authorised person's control, the authorised person may state 3
this in the notice. 4
(5) This section does not apply to damage the authorised person 5
believes, on reasonable grounds, is trivial. 6
(6) In this section-- 7
owner of a thing includes the person in possession or control 8
of the thing. 9
142 Compensation 10
(1) A person may claim compensation if the person incurs loss or 11
expense because of the exercise or purported exercise of a 12
power under this chapter other than because of the seizure or 13
destruction, under this chapter, of a regulated dog. 14
(2) Compensation may be claimed and ordered in a proceeding 15
for-- 16
(a) compensation brought in a court of competent 17
jurisdiction; or 18
(b) an offence against this Act brought against the person 19
making the claim for compensation. 20
(3) A court may order compensation in a proceeding to be paid 21
only if it is satisfied it is just to make the order in the 22
circumstances of the particular case. 23
(4) A regulation may prescribe matters that may, or must, be 24
taken into account by the court when considering whether it is 25
just to make the order mentioned subsection (3). 26
Page 89
Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 1 How licence is obtained
[s 143]
Chapter 6 PID registry licences 1
Part 1 How licence is obtained 2
143 Application for licence 3
(1) A person may apply to the chief executive for a licence. 4
(2) The application must be-- 5
(a) in the approved form; and 6
(b) accompanied by the fee prescribed under a regulation. 7
144 What application must state 8
The application must state the following-- 9
(a) the name and address of the applicant; 10
(b) an address in the State for service of documents; 11
(c) the address of the applicant's principal place of 12
business; 13
(d) the names of the individuals to be involved in the day to 14
day running of the applicant's business as a licence 15
holder; 16
(e) the qualifications and experience of the applicant and 17
the individuals relevant to offering or providing a PID 18
registry service. 19
145 Consideration of application 20
The chief executive must consider the application and either 21
grant, or refuse to grant, the application. 22
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Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 1 How licence is obtained
[s 146]
146 Criteria for granting application 1
The chief executive may grant the application only if the chief 2
executive is satisfied the applicant is a suitable person to be a 3
licence holder. 4
147 Suitability of person to be licence holder 5
In deciding whether an applicant is a suitable person to be a 6
licence holder, the chief executive may have regard to-- 7
(a) whether the person, or an individual engaged or 8
employed by the person, has a conviction for a relevant 9
offence, other than a spent conviction; and 10
(b) whether the person, or an individual engaged or 11
employed by the person-- 12
(i) held a licence under this division, or a licence 13
relating to offering or providing a PID registry 14
service under a corresponding law, that was 15
suspended or cancelled; or 16
(ii) has been refused a licence or a licence relating to 17
offering or providing a PID registry service under a 18
corresponding law; and 19
(c) the matters required to be stated in the application for a 20
licence under section 144; and 21
(d) anything else relevant to the person's ability to conduct 22
business as a licence holder. 23
148 Inquiries into application for licence 24
(1) Before deciding the application, the chief executive-- 25
(a) may make inquiries to decide the suitability of the 26
applicant to be a licence holder; and 27
(b) may, by notice, require the applicant to give the chief 28
executive within the reasonable time of at least 28 days 29
stated in the notice, further information or a document 30
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Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 1 How licence is obtained
[s 149]
the chief executive reasonably requires to decide the 1
application. 2
(2) However, the notice may be given to the applicant only within 3
28 days after the chief executive receives the application. 4
(3) The notice may require the information or document to be 5
verified by a statutory declaration. 6
(4) The applicant is taken to have withdrawn the application if, 7
within the stated time, the applicant does not comply with a 8
requirement under subsection (1)(b). 9
149 Decision on application for licence 10
(1) If the chief executive decides to grant the application, the 11
chief executive must issue a licence to the applicant. 12
(2) The chief executive may impose conditions on the licence not 13
inconsistent with the mandatory conditions. 14
(3) If the chief executive decides to refuse to grant the licence, or 15
to impose conditions on the licence, the chief executive must 16
give the applicant an information notice for the decision. 17
150 Failure to decide application for licence 18
(1) Subject to subsections (2) and (3), if the chief executive does 19
not decide the application within 28 days after its receipt, the 20
chief executive is taken to have decided to refuse to grant the 21
application. 22
(2) Subsection (3) applies if-- 23
(a) a person has made an application for a licence; and 24
(b) the chief executive has under section 148(1)(b), required 25
the applicant to give the chief executive further 26
information or a document. 27
(3) The chief executive is taken to have refused to grant the 28
application if the chief executive does not decide the 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 2 Provisions of licence
[s 151]
application within 28 days after the chief executive receives 1
the further information or document. 2
(4) If the application is refused under this section, the applicant is 3
entitled to be given an information notice for the decision by 4
the chief executive. 5
151 Duration of licence 6
(1) A licence becomes effective on the day the licence is issued or 7
on the day of the licence's renewal and ends on the day (the 8
expiry day) either 1, 2 or 3 years after that day. 9
(2) The chief executive must decide the expiry day. 10
Part 2 Provisions of licence 11
152 Mandatory conditions for licences 12
A licence is subject to the following conditions (the 13
mandatory conditions)-- 14
(a) the licence holder for the licence must comply with this 15
Act; 16
(b) the holder must ensure the licence, or a copy of the 17
licence, is displayed at the holder's principal place of 18
business so that it is easily visible to a person as the 19
person enters the place. 20
153 Licence holder must comply with licence conditions 21
(1) A licence holder must not contravene a condition of the 22
holder's licence. 23
Maximum penalty--100 penalty units. 24
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Chapter 6 PID registry licences
Part 3 Renewal of licences
[s 154]
(2) The penalty under subsection (1) may be imposed whether or 1
not the licence is suspended or cancelled because of the 2
contravention. 3
154 Form of licence 4
A licence must state the following particulars-- 5
(a) the licence holder's name; 6
(b) the address of the holder's principal place of business; 7
(c) the day the licence becomes effective; 8
(d) the day the licence expires; 9
(e) the licence number; 10
(f) its conditions other than the mandatory conditions. 11
Part 3 Renewal of licences 12
155 Application for renewal of licence 13
(1) A licence holder may apply to the chief executive for the 14
renewal of the holder's licence. 15
(2) The application must be-- 16
(a) made at least 28 days before the licence ends; and 17
(b) in the approved form; and 18
(c) accompanied by the fee prescribed under a regulation. 19
(3) The chief executive must consider the application and renew, 20
or refuse to renew, the licence. 21
(4) In deciding whether to grant the application, the chief 22
executive may have regard to the matters to which the chief 23
executive may have regard in deciding whether an applicant 24
for the licence is a suitable person to be a licence holder. 25
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Chapter 6 PID registry licences
Part 3 Renewal of licences
[s 156]
(5) The chief executive may impose conditions on the renewed 1
licence not inconsistent with the mandatory conditions. 2
(6) If the chief executive decides to refuse to renew the licence, or 3
to impose conditions on the licence, the chief executive must 4
give the holder an information notice for the decision. 5
(7) A licence may be renewed by-- 6
(a) endorsing the existing licence; or 7
(b) cancelling the existing licence and issuing another 8
licence. 9
156 Inquiries into application for renewal of licence 10
(1) Before deciding the application, the chief executive may, by 11
notice, require the holder to give the chief executive, within a 12
reasonable period of at least 28 days stated in the notice, 13
further information or a document the chief executive 14
reasonably requires to decide the application. 15
(2) The holder is taken to have withdrawn the application if, 16
within the stated period, the holder does not comply with the 17
requirement. 18
157 Licence taken to be in force while renewal application is 19
considered 20
(1) If an application is made under section 155, the holder's 21
licence is taken to continue in force from the day that it 22
would, apart from this section, have expired until the 23
application is decided under section 155 or taken to have been 24
withdrawn under section 156(2). 25
(2) However, if the application is refused, the licence continues in 26
force until the information notice for the decision is given to 27
the holder. 28
(3) Subsection (1) does not apply if the licence is earlier 29
suspended or cancelled. 30
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Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 4 Amendment of licences
[s 158]
Part 4 Amendment of licences 1
158 Application for amendment of licence 2
(1) A licence holder may apply to the chief executive for an 3
amendment of the holder's licence including any conditions 4
imposed by the chief executive. 5
(2) The application must be-- 6
(a) in the approved form; and 7
(b) accompanied by the fee prescribed under a regulation. 8
(3) The chief executive must consider the application and amend, 9
or refuse to amend, the licence. 10
(4) If the chief executive decides to make the amendment, the 11
chief executive may impose a condition on the licence not 12
inconsistent with the mandatory conditions. 13
(5) If the chief executive decides to refuse to amend the licence, 14
or to impose a condition on the licence, the chief executive 15
must give the holder an information notice for the decision. 16
(6) A licence may be amended by-- 17
(a) endorsing the existing licence with details of the 18
amendment; or 19
(b) cancelling the existing licence and issuing another 20
licence containing the amendment. 21
159 Inquiries into application for amendment 22
(1) Before deciding the application, the chief executive may, by 23
notice, require the holder to give the chief executive, within a 24
reasonable period of at least 28 days stated in the notice, 25
further information or a document the chief executive 26
reasonably requires to decide the application. 27
(2) The holder is taken to have withdrawn the application if, 28
within the stated period, the holder does not comply with the 29
requirement. 30
Page 96
Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 5 Suspension or cancellation of licences
[s 160]
Part 5 Suspension or cancellation of 1
licences 2
160 Chief executive may impose suspension or cancel 3
If the chief executive reasonably believes a ground under 4
section 161 exists in relation to a licence holder, the chief 5
executive may, by complying with sections 162 to 166, take 6
the following action (the proposed action) against the 7
holder-- 8
(a) suspend the licence for a stated period (suspension); 9
(b) cancel the licence (prohibition). 10
161 Grounds for suspension or cancellation 11
(1) Each of the following is a ground for suspending or cancelling 12
a licence-- 13
(a) the licence holder is not, or is no longer, a suitable 14
person to hold the licence; 15
(b) the holder has contravened a condition of the licence; 16
(c) the licence was issued because of a materially false or 17
misleading representation or declaration. 18
(2) For forming a belief that the ground mentioned in subsection 19
(1)(a) exists, the chief executive may have regard to the 20
matters to which the chief executive may have regard in 21
deciding whether a proposed licence holder is a suitable 22
person to hold the licence. 23
Note-- 24
See section 147 (Suitability of person to be licence holder). 25
162 Show cause notice 26
(1) The chief executive must give the holder a notice under this 27
section (a show cause notice). 28
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Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 5 Suspension or cancellation of licences
[s 163]
(2) The show cause notice must state-- 1
(a) the proposed action; and 2
(b) the grounds for the proposed action; and 3
(c) an outline of the facts and circumstances forming the 4
basis for the grounds; and 5
(d) if the proposed action is suspension of the licence--the 6
proposed suspension period; and 7
(e) an invitation to the holder to show within a stated period 8
(the show cause period) why the proposed action should 9
not be taken. 10
(3) The show cause period must be a period ending at least 21 11
days after the show cause notice is given to the holder. 12
163 Representations about show cause notices 13
(1) The holder may, within the show cause period, make written 14
representations to the chief executive about why the proposed 15
action should not be taken. 16
(2) The chief executive must consider all representations (the 17
accepted representations) made under subsection (1). 18
164 Ending show cause process without further action 19
(1) This section applies if, after considering the accepted 20
representations, the chief executive no longer believes a 21
ground exists to take the proposed action. 22
(2) The chief executive must not take any further action about the 23
show cause notice. 24
(3) The chief executive must give the holder a notice stating that 25
the proposed action will not be taken. 26
165 Suspension or cancellation 27
(1) This section applies if-- 28
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Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 5 Suspension or cancellation of licences
[s 166]
(a) there are accepted representations and, after considering 1
them, the chief executive still believes a ground exists to 2
take the proposed action; or 3
(b) there are no accepted representations. 4
(2) If the chief executive believes suspension or cancellation of 5
the licence is warranted, the chief executive may-- 6
(a) if the proposed action was suspension--suspend the 7
licence for no longer than the stated period; or 8
(b) if the proposed action was cancellation--either cancel 9
the licence or suspend it for a stated period. 10
(3) The chief executive must give an information notice for the 11
decision to the holder. 12
(4) The decision takes effect on the later of the following days-- 13
(a) the day the information notice is given to the holder; 14
(b) the day stated in the information notice for that purpose. 15
166 Immediate suspension 16
(1) The chief executive may suspend the licence immediately if 17
the chief executive believes-- 18
(a) a ground exists to suspend the licence; and 19
(b) it is necessary to suspend the licence immediately 20
because there is an immediate and serious risk of harm 21
to the effectiveness of the identification and registration 22
of cats or dogs under this Act. 23
(2) The suspension-- 24
(a) must be effected by an information notice for the 25
decision given by the chief executive to the holder to 26
suspend the licence together with a show cause notice; 27
and 28
(b) operates immediately the notices are given; and 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 5 Suspension or cancellation of licences
[s 167]
(c) continues to operate until the earliest of the following 1
happens-- 2
(i) the chief executive cancels the remaining period of 3
the suspension; 4
(ii) the show cause notice is finally dealt with; 5
(iii) 28 days have passed since the notices were given to 6
the holder. 7
(3) Subsection (4) applies if-- 8
(a) a suspension under this section stops because-- 9
(i) the chief executive cancels the remaining period of 10
the suspension; or 11
(ii) the show cause notice is finally dealt with by a 12
decision being made not to cancel or suspend the 13
licence; or 14
(iii) 28 days have passed since the notices mentioned in 15
subsection (2)(a) were given to the holder; and 16
(b) the holder has returned the holder's licence to the chief 17
executive under section 167. 18
(4) The chief executive must, as soon as practicable, give the 19
licence to the holder. 20
167 Return of suspended or cancelled licence to chief 21
executive 22
(1) This section applies if the chief executive has suspended or 23
cancelled a licence and given an information notice for the 24
decision to the holder of the licence. 25
(2) The holder must return the licence to the chief executive 26
within 7 days after receiving the information notice unless the 27
holder has a reasonable excuse. 28
Maximum penalty--20 penalty units. 29
Page 100
Animal Management (Cats and Dogs) Bill 2008
Chapter 6 PID registry licences
Part 6 Other provisions about licences
[s 168]
168 Effect of suspension or cancellation of licence 1
(1) This section applies if a licence is suspended, cancelled or 2
otherwise ends (the termination). 3
(2) The licence holder must, within 5 days after the termination, 4
give to the chief executive all records kept or maintained for 5
the purposes of the PID service offered or provided by the 6
holder. 7
Part 6 Other provisions about 8
licences 9
169 Surrender of licence 10
(1) A licence holder may surrender the holder's licence by notice 11
given to the chief executive. 12
(2) The holder's licence must accompany the notice. 13
(3) The surrender takes effect on the later of the following-- 14
(a) the day the notice is given; 15
(b) the day stated in the notice. 16
170 Application for replacement of licence 17
(1) A licence holder may apply for a replacement of the holder's 18
licence if the licence has been damaged, destroyed, lost or 19
stolen. 20
(2) The application must-- 21
(a) be made to the chief executive; and 22
(b) include information about the circumstances in which 23
the licence was damaged, destroyed, lost or stolen; and 24
(c) be accompanied by the fee prescribed under a regulation 25
for the application. 26
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Animal Management (Cats and Dogs) Bill 2008
Chapter 7 Registers
Part 1 Registers kept by chief executive
[s 171]
171 Decision about application for replacement of licence 1
(1) The chief executive must consider the application and either 2
grant, or refuse to grant, the application. 3
(2) The chief executive must grant the application if the chief 4
executive is satisfied the licence has been damaged, 5
destroyed, lost or stolen in a way to require its replacement. 6
(3) If the chief executive decides to grant the application, the 7
chief executive must, as soon as practicable, issue another 8
licence to the applicant to replace the damaged, destroyed, 9
lost or stolen licence. 10
(4) If the chief executive decides to refuse to grant the 11
application, the chief executive must give the applicant an 12
information notice for the decision. 13
Chapter 7 Registers 14
Part 1 Registers kept by chief 15
executive 16
172 Chief executive must keep registers 17
(1) The chief executive must keep a register of declared 18
dangerous dogs, declared menacing dogs, and restricted dogs 19
(the regulated dog register). 20
(2) The regulated dog register must contain the information about 21
a regulated dog given to the chief executive by a chief 22
executive officer of a local government under sections 174 23
and 175. 24
(3) The chief executive must keep a register of licence holders 25
(the licence holder register). 26
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Chapter 7 Registers
Part 1 Registers kept by chief executive
[s 173]
(4) The licence holder register must contain the information about 1
a licence holder required, under section 154, to be stated on 2
the holder's licence. 3
(5) The chief executive may keep the registers under this section 4
in the way the chief executive considers appropriate, 5
including, for example, in electronic form. 6
173 Who may inspect registers 7
(1) The following persons may inspect information kept in the 8
regulated dog register-- 9
(a) the chief executive or a person engaged or employed by 10
the chief executive to perform functions under this Act; 11
(b) the chief executive officer of a local government or a 12
person engaged or employed by the local government to 13
perform functions under this Act; 14
(c) an authorised person performing functions under this 15
Act. 16
(2) The following persons may inspect information about a 17
particular regulated dog kept in the register-- 18
(a) the owner of the dog, to confirm details relating to the 19
dog and its owner; 20
(b) a person to whom the owner of the dog has given 21
consent in writing, to confirm details relating to the dog 22
and its owner; 23
(c) a veterinary surgeon to confirm whether the dog the 24
surgeon is treating or proposes to treat is a regulated 25
dog; 26
(d) a licence holder in offering or providing a PID registry 27
service, to confirm whether the dog is a regulated dog; 28
(e) the operator of a pound or shelter, to confirm whether 29
the dog is a regulated dog; 30
(f) a person engaged or employed by a person referred to in 31
paragraph (c), (d) or (e) (each a relevant paragraph) in 32
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Chapter 7 Registers
Part 1 Registers kept by chief executive
[s 174]
carrying out the persons duties, for the purpose set out in 1
the relevant paragraph. 2
(3) However, a person mentioned in subsection (2) may inspect 3
the register only for the purpose applying to the person stated 4
in the subsection. 5
(4) A person may free of charge, inspect the details contained in 6
the publicly available part of the licence holder register at the 7
department's head office during normal business hours. 8
Editor's note-- 9
The department's head office is at 41 George Street, Brisbane. 10
(5) A person who, under subsection (2) or (4), inspects 11
information kept in the register, may ask for a copy of the 12
information. 13
(6) The person asking for the copy must pay the prescribed fee for 14
the copy. 15
(7) The fee decided by the chief executive must not be more than 16
the reasonable cost of producing the copy. 17
(8) The chief executive may publish details contained in the 18
publicly available part of the licence holder register at the 19
times and in the way decided by the chief executive. 20
174 Chief executive officer must give information 21
(1) A chief executive officer of a local government must give the 22
chief executive notice if-- 23
(a) a restricted dog is registered in the local government's 24
area under chapter 3; or 25
(b) under chapter 4, the local government makes a regulated 26
dog declaration for a dog in the local government's area. 27
(2) The notice must-- 28
(a) be given to the chief executive within 7 days after the 29
dog is registered or declared as mentioned in subsection 30
(1); and 31
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Chapter 7 Registers
Part 1 Registers kept by chief executive
[s 175]
(b) state the all of the following information relating to the 1
dog-- 2
(i) the information stated in section 47 for the dog; 3
(ii) the information stated in an information notice 4
given under section 95 for the dog; 5
(iii) any other information prescribed under a 6
regulation. 7
175 Chief executive officer must give information about 8
owner 9
(1) This section applies if the chief executive officer of the 10
relevant local government for a regulated dog receives a 11
notice from-- 12
(a) an owner of the dog, under section 54; or 13
(b) the permit holder for the dog, under schedule 1, section 14
8. 15
(2) The chief executive officer must, within 7 days after receiving 16
the notice, give the chief executive-- 17
(a) if the notice was given under section 54--notice of the 18
changed information; or 19
(b) if the notice was given under schedule 1, section 20
8--notice of the holder's new residential address. 21
176 Chief executive may ask for confirmation of particular 22
information 23
(1) The chief executive may give notice (the request) to the chief 24
executive officer of a local government that the chief 25
executive seeks a notice (the response) about whether 26
particular information is still accurate according to the records 27
kept by the chief executive officer. 28
(2) The request may be made only once in a period of 12 months. 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 7 Registers
Part 2 Registers kept by local government
[s 177]
(3) The chief executive officer must give the chief executive the 1
response within 28 days after receiving the request. 2
(4) In this section-- 3
information means information-- 4
(a) the chief executive officer has already given the chief 5
executive under section 174 or 175; and 6
(b) set out in the request. 7
Part 2 Registers kept by local 8
government 9
177 Registers comprising cat and dog registry 10
(1) The chief executive officer of each local government must 11
keep the following registers about cats or dogs usually kept or 12
proposed to be kept in the local government's area-- 13
(a) a general register; 14
(b) another register prescribed under a regulation. 15
(2) The registers are collectively called the cat and dog registry 16
of the local government. 17
178 General register 18
The general register must include all of the following 19
information for each cat or dog mentioned in section 177(1)-- 20
(a) the information about the cat or dog and its owner stated 21
in a registration notice for the cat or dog, given under 22
section 49; 23
(b) if the dog is a declared dangerous dog or declared 24
menacing dog--the information required to be stated in 25
an information notice under section 95(5) about the dog; 26
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Chapter 8 Reviews and appeals
Part 1 Review of decisions
[s 179]
(c) if the dog is a regulated dog--the number recorded on 1
its collar, identification tag, registration tag or tattoo for 2
desexing; 3
(d) if the dog is a restricted dog--details of any restricted 4
dog permit in force for the dog. 5
(e) other information the local government considers 6
appropriate. 7
179 Public access to registers 8
(1) A local government must keep its cat and dog registry open to 9
inspection at the public office of the local government. 10
(2) However, subsection (1) does not apply for information about 11
an owner of a cat or dog required to be stated in a registration 12
notice for the cat or dog. 13
Chapter 8 Reviews and appeals 14
Part 1 Review of decisions 15
180 Appeal process starts with review 16
Every appeal against an original decision must be, in the first 17
instance, by way of an application for a review. 18
181 Who may apply for review 19
(1) An interested person for an original decision made by the 20
chief executive under chapter 2, part 1, division 3, subdivision 21
3 or chapter 6, may apply to the chief executive for a review of 22
the decision (a PID review application). 23
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Animal Management (Cats and Dogs) Bill 2008
Chapter 8 Reviews and appeals
Part 1 Review of decisions
[s 182]
(2) An interested person for an original decision made by the 1
chief executive officer of a local government may apply to the 2
chief executive officer for a review of the decision (a general 3
review application). 4
182 Requirements for making PID review application 5
(1) A PID review application must be-- 6
(a) in the approved form approved; and 7
(b) supported by enough information to enable the chief 8
executive to decide the application; and 9
(c) made within 14 days after the applicant is given the 10
information notice about the original decision the 11
subject of the application. 12
(2) However, the chief executive may, at any time, extend the 13
time for making a PID review application. 14
183 Requirements for making general review application 15
(1) A general review application must be-- 16
(a) in the approved form approved by the chief executive 17
officer of the local government who made the decision; 18
and 19
(b) supported by enough information to enable the chief 20
executive officer to decide the application; and 21
(c) made within 14 days after the applicant is given the 22
information notice about the original decision the 23
subject of the application. 24
(2) However, the chief executive officer may, at any time, extend 25
the time for making a general review application. 26
184 Stay of operation of original decision 27
(1) A PID review application or general review application does 28
not stay the original decision the subject of the application. 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 8 Reviews and appeals
Part 1 Review of decisions
[s 185]
(2) However, the applicant may, immediately after being given 1
the information notice about the original decision, apply for a 2
stay of the original decision to the Magistrates Court. 3
(3) The court may stay the original decision to secure the 4
effectiveness of the review and a later appeal to the court. 5
(4) A stay may be granted on conditions the court considers 6
appropriate. 7
(5) However, if the original decision relates to a regulated dog 8
declaration a condition must be imposed that each owner of, 9
and responsible person for, the dog must, until the appeal is 10
decided, ensure the requirements under schedule 1, section 3, 11
are complied with for the dog the subject of the declaration. 12
Note-- 13
See schedule 1, section 3 (Muzzling and effective control in public) and 14
also sections 66 (Prohibition on supply of restricted dog) and 67 15
(Prohibition on supply of declared dangerous dog or menacing dog). 16
(6) The period of the stay must not extend past the time when-- 17
(a) if the chief executive makes a PID review decision about 18
the original decision--the chief executive makes the 19
decision and any later period the court allows the 20
applicant to enable the applicant to appeal against the 21
review decision; or 22
(b) if the chief executive officer of a local government 23
makes a review decision about the original decision-- 24
the chief executive officer makes the decision and any 25
later period the court allows the applicant to enable the 26
applicant to appeal against the review decision. 27
(7) A PID review application or general review application 28
affects the original decision, or carrying out of the decision, 29
only if the decision is stayed. 30
185 PID review decision 31
(1) The chief executive must, within 20 days after receiving a 32
PID review application made under section 182-- 33
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Animal Management (Cats and Dogs) Bill 2008
Chapter 8 Reviews and appeals
Part 1 Review of decisions
[s 186]
(a) conduct a review of the original decision the subject of 1
the application; and 2
(b) make a decision (the PID review decision) to-- 3
(i) confirm the original decision; or 4
(ii) amend the original decision; or 5
(iii) substitute another decision for the original 6
decision. 7
(2) The application must not be dealt with by-- 8
(a) the person who made the original decision; or 9
(b) a person in a less senior office than the person who 10
made the original decision. 11
(3) Subsection (2)-- 12
(a) applies despite the Acts Interpretation Act 1954, section 13
27A; and 14
Editor's note-- 15
Acts Interpretation Act 1954, section 27A (Delegation of 16
functions or powers). 17
(b) does not apply to an original decision made by the chief 18
executive personally. 19
(4) If the PID review decision confirms the original decision, for 20
the purpose of an appeal, the original decision is taken to be 21
the PID review decision. 22
(5) If the PID review decision amends the original decision, for 23
the purpose of an appeal, the original decision as amended is 24
taken to be the PID review decision. 25
186 Other review decisions 26
(1) The chief executive officer of a local government must, 27
within 20 days after receiving a general review application 28
made under section 183-- 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 8 Reviews and appeals
Part 1 Review of decisions
[s 187]
(a) conduct a review of the original decision the subject of 1
the application; and 2
(b) make a decision (the review decision) to-- 3
(i) confirm the original decision; or 4
(ii) amend the original decision; or 5
(iii) substitute another decision for the original 6
decision. 7
(2) The application must not be dealt with by-- 8
(a) the person who made the original decision; or 9
(b) a person in a less senior office than the person who 10
made the original decision. 11
(3) Subsection (2)-- 12
(a) applies despite the Acts Interpretation Act 1954, section 13
27A; and 14
Editor's note-- 15
Acts Interpretation Act 1954, section 27A (Delegation of 16
functions or powers). 17
(b) does not apply to an original decision made by the chief 18
executive officer of the local government personally. 19
(4) If the review decision confirms the original decision, for the 20
purpose of an appeal, the original decision is taken to be the 21
review decision. 22
(5) If the review decision amends the original decision, for the 23
purpose of an appeal, the original decision as amended is 24
taken to be the review decision. 25
187 Notice of PID decision or review decision 26
(1) The chief executive must, within 10 days after making a PID 27
review decision, give the applicant notice (the review notice) 28
of the review decision. 29
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Animal Management (Cats and Dogs) Bill 2008
Chapter 8 Reviews and appeals
Part 2 Appeals
[s 188]
(2) The chief executive officer of a local government must, 1
within 10 days after making a review decision, give the 2
applicant notice (also the review notice) of the review 3
decision. 4
(3) If the review decision is not the decision sought by the 5
applicant, the review notice must also state the following-- 6
(a) the reasons for the decision; 7
(b) that the applicant may, within 14 days after the review 8
notice is given, appeal against the decision to the 9
Magistrates Court; 10
(c) how to appeal; 11
(d) that the applicant may apply to the court for a stay of the 12
decision. 13
(4) If the chief executive does not give the review notice within 14
the 10 days, the chief executive is taken to have made a 15
review decision confirming the original decision. 16
(5) If the chief executive officer of the local government does not 17
give the review notice within the 10 days, the chief executive 18
officer is taken to have made a review decision confirming the 19
original decision. 20
Part 2 Appeals 21
188 Who may appeal 22
A person who is given, or is entitled to be given, a review 23
notice about a decision under part 1 may appeal against the 24
decision to a Magistrates Court. 25
189 Starting appeal 26
(1) An appeal is started by-- 27
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Animal Management (Cats and Dogs) Bill 2008
Chapter 8 Reviews and appeals
Part 2 Appeals
[s 190]
(a) filing notice of appeal with the clerk of the Magistrates 1
Court; and 2
(b) serving a copy of the notice of appeal on the original 3
decider; and 4
(c) complying with rules of court applicable to the appeal. 5
(2) The notice of appeal must be filed within 14 days after the 6
appellant is given the review notice about the decision 7
appealed against. 8
(3) However, the court may, at any time, extend the time for 9
filing the notice of appeal. 10
(4) The notice of appeal must state fully the grounds of the appeal 11
and the facts relied on. 12
190 Stay of operation of review notice 13
(1) The Magistrates Court may grant a stay of the operation of a 14
review notice to secure the effectiveness of the appeal. 15
(2) A stay may be granted on conditions the court considers 16
appropriate. 17
(3) However, if the review notice relates to a regulated dog 18
declaration a condition must be imposed that each owner of, 19
and responsible person for, the dog must, until the appeal is 20
decided, ensure the requirements under schedule 1, section 3, 21
are complied with for the dog the subject of the declaration. 22
Note-- 23
See schedule 1, section 3 (Muzzling and effective control in public) and 24
also sections 66 (Prohibition on supply of restricted dog) and 67 25
(Prohibition on supply of declared dangerous dog or menacing dog). 26
(4) The period of a stay stated by the court must not extend past 27
the time when the court decides the appeal. 28
(5) An appeal against a decision in a review notice affects the 29
decision, or the carrying out of the decision, only if it is 30
stayed. 31
Page 113
Animal Management (Cats and Dogs) Bill 2008
Chapter 8 Reviews and appeals
Part 2 Appeals
[s 191]
191 Hearing procedures 1
(1) In deciding an appeal, the Magistrates Court-- 2
(a) has the same powers as the original decider; and 3
(b) is not bound by the rules of evidence; and 4
(c) must comply with natural justice. 5
(2) An appeal is by way of rehearing, unaffected by the decision 6
appealed against. 7
192 Court's powers on appeal 8
(1) In deciding an appeal, the Magistrates Court may-- 9
(a) confirm the decision appealed against; or 10
(b) set aside the decision and substitute another decision; or 11
(c) set aside the decision and return the matter to the 12
original decider with directions the court considers 13
appropriate. 14
(2) If the court substitutes another decision, the substituted 15
decision is, for the purposes of this Act, other than this part, 16
taken to be the decision of the original decider. 17
193 Appeal to District Court 18
An appeal lies to a District Court from a decision of the 19
Magistrates Court, but only on a question of law. 20
Page 114
Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 1 General offences
[s 194]
Chapter 9 Miscellaneous provisions 1
Part 1 General offences 2
194 Particular persons must ensure dog does not attack or 3
cause fear 4
(1) A relevant person for a dog must take reasonable steps to 5
ensure the dog does not attack, or act in a way that causes fear 6
to, someone else or another animal. 7
Maximum penalty-- 8
(a) if the attack causes the death of or grievous bodily harm 9
to the person--300 penalty units; or 10
(b) if the attack causes the death of the animal--100 penalty 11
units; or 12
(c) if the attack causes bodily harm to the person or 13
animal--50 penalty units; or 14
(d) otherwise--20 penalty units. 15
(2) In this section-- 16
relevant person, for a dog, means-- 17
(a) the owner of the dog; or 18
(b) any responsible person for the dog. 19
195 Defences 20
(1) It is a defence to a prosecution for an offence against section 21
194 for the defendant to prove-- 22
(a) the dog attacked, or acted in a way that caused fear to, 23
the person or animal-- 24
(i) as a result of the dog being attacked, mistreated, 25
teased, or provoked by the person or animal; or 26
Page 115
Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 1 General offences
[s 196]
(ii) to protect the owner, or a person accompanying the 1
owner (the accompanying person), or the owner's 2
or accompanying person's property; or 3
(b) for an attack on an animal, the dog was engaged in 4
hunting the animal on private property when the offence 5
happened; or 6
(c) for an attack on stock, the dog is a working dog and the 7
offence happened when the stock were being worked; or 8
(d) the dog is a government entity dog and when the offence 9
happened the defendant was acting within the scope of 10
employment by the government entity; or 11
(e) when the offence happened, the dog was a security 12
patrol dog carrying out that function under the Security 13
Providers Act 1993. 14
(2) In this section-- 15
dog patrol category, of functions of a security officer, has the 16
meaning given by the Security Providers Act 1993, schedule 17
2. 18
security officer has the meaning given by the Security 19
Providers Act 1993, section 7. 20
security patrol dog means a dog used in the dog patrol 21
category of functions of a security officer. 22
196 Prohibition on allowing or encouraging dog to attack or 23
cause fear 24
(1) A person must not allow or encourage a dog to attack, or act in 25
a way that causes fear to, a person or another animal. 26
Maximum penalty--300 penalty units. 27
(2) In this section-- 28
allow or encourage, without limiting the Criminal Code, 29
sections 7 and 8, includes cause to allow or encourage. 30
Page 116
Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 2 Greyhounds
[s 197]
Editor's note-- 1
Criminal Code, sections 7 (Principal offenders) and 8 (Offences 2
committed in prosecution of common purpose) 3
Part 2 Greyhounds 4
197 Muzzling decommissioned greyhounds in public places 5
(1) This section applies to an owner of a decommissioned 6
greyhound if a local law requires it to be muzzled when in a 7
public place. 8
(2) The requirement does not apply to the owner. 9
(3) In this section-- 10
decommissioned greyhound means a greyhound that-- 11
(a) is not a declared dangerous dog or declared menacing 12
dog; and 13
(b) has successfully completed a program prescribed under 14
a regulation. 15
Part 3 Legal provisions 16
Division 1 Evidence generally 17
198 Evidentiary value of copies 18
(1) This section applies to a copy of a document that-- 19
(a) purports to be made under the authority of a local 20
government or its mayor; and 21
Page 117
Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 3 Legal provisions
[s 199]
(b) purports to be verified by the mayor or an employee 1
who is authorised by the local government. 2
(2) The copy of the document is evidence in any proceedings as if 3
the copy were the original of the document. 4
199 Evidentiary value of certificates 5
(1) This section applies to a certificate that-- 6
(a) purports to be about the state of, or a fact in, a record of 7
the local government; and 8
(b) purports to be signed by the chief executive officer. 9
(2) The certificate is evidence of the matters contained in the 10
certificate. 11
Division 2 Evidence for proceedings 12
200 Application of div 2 13
This division applies to a proceeding under or in relation to 14
this Act. 15
201 Appointments and authority 16
The following must be presumed unless a party to the 17
proceeding, by reasonable notice, requires proof of it-- 18
(a) the appointment of an authorised person; 19
(b) the power of an authorised person to do anything under 20
chapter 5. 21
202 Veterinary surgeon certificates 22
A certificate purporting to be signed by a veterinary surgeon 23
stating, or to the effect, that a dog is of a breed mentioned in 24
section 63(1) is evidence that the dog is a restricted dog. 25
Page 118
Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 3 Legal provisions
[s 203]
203 Other evidentiary aids 1
(1) For applying section 198 for the proceeding, a record of a 2
local government is taken to include-- 3
(a) a thing as follows given, issued, kept or made under this 4
chapter or chapter 5-- 5
(i) an appointment; 6
(ii) a decision or record; 7
(iii) a restricted dog permit; 8
(iv) the local government's cat and dog registry; 9
(v) a regulated dog declaration; 10
(vi) a proposed declaration notice, compliance notice 11
or other notice; 12
(vii) a destruction order; and 13
(b) another document kept under this Act; and 14
(c) a statement that on a stated day-- 15
(i) a stated person was given a stated decision, 16
declaration, notice or order; or 17
(ii) a stated requirement under chapter 4 or 5, was 18
made of a stated person; and 19
(d) a statement that on a stated day, or during a stated 20
period, a restricted dog permit was or was not in force 21
for a stated dog or a stated place. 22
(2) This section does not limit section 198. 23
Division 3 Other provisions 24
204 False or misleading information 25
A person (the relevant person) commits an offence if the 26
relevant person gives, either orally or in a document, the 27
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Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 4 Delegation of powers
[s 205]
following persons information the relevant person knows is 1
false or misleading in a material particular-- 2
(a) the chief executive; 3
(b) a chief executive officer of a local government; 4
(c) an authorised person; 5
(d) an authorised implanter; 6
(e) a licence holder. 7
Maximum penalty--100 penalty units. 8
Part 4 Delegation of powers 9
205 Delegation by chief executive 10
(1) The chief executive may delegate the chief executive's 11
functions under this Act to an appropriately qualified officer 12
of the department. 13
(2) In this section-- 14
appropriately qualified means having the qualifications, 15
experience or standing appropriate to the exercise of the 16
power. 17
Example of standing-- 18
the officer's classification level in the department 19
functions includes powers. 20
206 Delegation by chief executive officer 21
(1) The chief executive officer of a local government may 22
delegate the chief executive officer's functions under this Act 23
to an officer of the local government. 24
(2) In this section-- 25
Page 120
Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 5 Miscellaneous
[s 207]
appropriately qualified means having the qualifications, 1
experience or standing appropriate to the exercise of the 2
power. 3
Example of standing-- 4
the officer's classification level in the local government 5
functions includes powers. 6
Part 5 Miscellaneous 7
207 References to right to enter 8
A right under this Act to enter a place includes the right to-- 9
(a) leave and re-enter the place from time to time; and 10
(b) remain on the place for the time necessary to achieve the 11
purpose of the entry. 12
Note-- 13
See also section 123 (General powers after entering places). 14
208 Payment of penalties for offences against particular 15
provisions 16
(1) This section applies-- 17
(a) if a court orders a person to pay a penalty for an offence 18
against chapter 4 or section 134; and 19
(b) despite the Local Government Act 1993, section 1076 20
and the Acts Interpretation Act 1954, section 43. 21
Editor's note-- 22
See the Local Government Act 1993, section 1076 (Fines) and 23
Acts Interpretation Act 1954, section 43 (Appropriation of 24
penalties). 25
Page 121
Animal Management (Cats and Dogs) Bill 2008
Chapter 9 Miscellaneous provisions
Part 5 Miscellaneous
[s 209]
(2) The court must also order the person to pay the penalty to a 1
local government decided by the court. 2
209 Approval of forms 3
(1) The chief executive may approve forms for use under chapter 4
2, part 1, division 3, subdivision 3, chapter 6 or section 183. 5
(2) The chief executive officer of a local government may 6
approve forms for use under this Act other than for the 7
provisions mentioned in subsection (1). 8
210 Regulation-making power 9
(1) The Governor in Council may make regulations under this 10
Act. 11
(2) A regulation may be made about-- 12
(a) class of cat or dog that may be exempt from being-- 13
(i) implanted with a PPID; or 14
(ii) tattooed for desexing; or 15
(iii) registered; or 16
(b) the requirements for PIDs; or 17
(c) the way licence holders must keep and maintain PID 18
information and copies of records from which the 19
identifying information is obtained; or 20
(d) the fees to be paid under this Act; or 21
(e) information that must be stated on a registration form 22
for the registration of a cat or dog. 23
(3) A regulation may prescribe a penalty of not more than 20 24
penalty units for contravention of a regulation. 25
Page 122
Animal Management (Cats and Dogs) Bill 2008
Chapter 10 Transitional provisions
[s 211]
Chapter 10 Transitional provisions 1
211 Deferral for particular local governments 2
The following provisions (the deferred provisions) do not 3
apply to a local government, other than an SEQ local 4
government, until the deferred date-- 5
· chapter 2, part 1, division 1 6
· chapter 3 7
· sections 177, 178 and 221. 8
212 Restricted dog registers 9
(1) This section applies to a local government, other than an SEQ 10
local government, until the deferred date. 11
(2) The restricted dog register must include all of the following 12
information for each restricted dog permit in force in the local 13
government's area-- 14
(a) the address of the place for which the permit has been 15
issued; 16
(b) the following details for each restricted dog the subject 17
of the permit-- 18
(i) breed; 19
(ii) colour; 20
(iii) sex; 21
(iv) the number recorded on its collar, identification 22
tag, registration tag or tattoo for desexing; 23
(v) any other noticeable distinguishing features or 24
marks; 25
(c) other information prescribed under a regulation. 26
(3) A restricted dog register may include other information the 27
local government considers appropriate. 28
Page 123
Animal Management (Cats and Dogs) Bill 2008
Chapter 10 Transitional provisions
[s 213]
213 Cats and dogs implanted before commencement 1
Section 37 applies to an authorised implanter whether the 2
implantation was done before or after the commencement. 3
214 Regulated dogs must be implanted with a PPID 4
(1) An owner of a regulated dog that was not implanted with a 5
PID on the commencement of this section must ensure the dog 6
is implanted with a PPID within 14 days after the 7
commencement of this section unless the owner has a 8
reasonable excuse. 9
Maximum penalty--75 penalty units. 10
(2) It is a defence to a prosecution for an offence against 11
subsection (1) if the defendant tenders in evidence a signed 12
veterinary surgeon's certificate stating, or other evidence of, 13
either of the following-- 14
(a) that the dog is implanted with a PID; 15
(b) that implanting the dog with a PPID is likely to be a 16
serious risk to its health. 17
215 Desexed cat or dog at commencement need not be 18
tattooed for desexing 19
An owner of a cat or dog that is desexed at the commencement 20
of this section does not contravene section 42(1) if the cat or 21
dog is not tattooed for desexing. 22
216 Cat or dog not registered at commencement 23
(1) This section applies to the owner of a cat or dog who-- 24
(a) has not registered the cat or dog with the relevant local 25
government on the commencement of this section; and 26
(b) would, other than this section, be required to register it 27
under section 44. 28
(2) The owner must-- 29
Page 124
Animal Management (Cats and Dogs) Bill 2008
Chapter 10 Transitional provisions
[s 217]
(a) if the relevant local government is an SEQ local 1
government--ensure the cat or dog is registered within 2
3 months after the commencement; or 3
(b) otherwise--within 3 months after the deferred date. 4
217 Restricted dogs and convictions under repealed LGA 5
chapter 6
(1) A dog that was a restricted dog under the repealed LGA 7
chapter immediately before the commencement of this section 8
is taken to be a restricted dog under this Act. 9
(2) A conviction for an offence under the repealed LGA chapter is 10
taken to be a conviction for an offence against chapter 4. 11
(3) In this section-- 12
repealed LGA chapter means the Local Government Act 13
1993, former chapter 17A. 14
218 Permit applications 15
A permit application made, under the Local Government Act 16
1993, section 1193Q immediately before the commencement 17
of this section but not finally decided is taken to be a permit 18
application for section 72. 19
219 Restricted dog register kept under Local Government Act 20
1993 continues 21
A restricted dog register kept under the Local Government Act 22
1993, section 1193ZN before the commencement of this 23
section is taken to be a restricted dog register kept under 24
section 212. 25
220 Person given or entitled to be given information notice 26
(1) This section applies to a person who immediately before the 27
commencement of this section-- 28
Page 125
Animal Management (Cats and Dogs) Bill 2008
Chapter 11 Amendment of other Acts
Part 1 Amendment of City of Brisbane Act 1924
[s 221]
(a) had been, or was entitled to be given, an information 1
notice mentioned in the Local Government Act 1993, 2
section 1193ZZH about a decision under chapter 17A of 3
that Act; and 4
(b) had not started an appeal under the Local Government 5
Act 1993, section 1193ZZI. 6
(2) The person may apply for a review of the decision under 7
chapter 8 as if the decision had been made under this Act. 8
221 Registration of cat or dog continues 9
(1) A restricted dog registered under the Local Government Act 10
1993 before the commencement of this section is taken to be 11
registered under chapter 3. 12
(2) A cat or dog registered under a local law before the 13
commencement of this section is taken to be registered under 14
chapter 3. 15
Chapter 11 Amendment of other Acts 16
Part 1 Amendment of City of Brisbane 17
Act 1924 18
222 Act amended in pt 1 19
This part amends the City of Brisbane Act 1924. 20
223 Amendment of s 3A (Application of the Local 21
Government Act) 22
Section 3A(2), eleventh dot point-- 23
omit. 24
Page 126
Animal Management (Cats and Dogs) Bill 2008
Chapter 11 Amendment of other Acts
Part 2 Amendment of Local Government Act 1993
[s 224]
Part 2 Amendment of Local 1
Government Act 1993 2
224 Act amended in pt 2 3
This part amends the Local Government Act 1993. 4
225 Amendment of s 9 (Act applies only so far as expressly 5
provided) 6
Section 9(2), eleventh dot point-- 7
omit. 8
226 Amendment of s 31 (Inconsistency with State law) 9
Section 31(2)-- 10
omit. 11
227 Amendment of s 441C (Definitions for div 3) 12
Section 441C, definition caretaker period, after `, for an 13
election'-- 14
insert-- 15
`, other than a by-election,'. 16
228 Omission of ch 15, pt 5, div 10 (Special provision for local 17
laws about dogs) 18
Chapter 15, part 5, division 10-- 19
omit. 20
229 Omission of ch 17A (Regulation of restricted dogs) 21
Chapter 17A-- 22
omit. 23
Page 127
Animal Management (Cats and Dogs) Bill 2008
Chapter 11 Amendment of other Acts
Part 2 Amendment of Local Government Act 1993
[s 230]
230 Amendment of sch 2 (Dictionary) 1
(1) Schedule 2, definitions, authorised person, paragraph (d), 2
compliance notice, destroy, destruction order, effective 3
control, lives, owner, permit application, permit condition, 4
proposed declaration notice, registered owner, relevant local 5
government, renewal application, responsible person, 6
restricted dog, restricted dog declaration, restricted dog 7
permit and restricted dog register-- 8
omit. 9
(2) Schedule 2-- 10
insert-- 11
`owner, of land-- 12
(a) generally--see section 4; and 13
(b) for chapter 3, part 1--see also section 63.'. 14
Page 128
Animal Management (Cats and Dogs) Bill 2008
Schedule 1
Schedule 1 Permit conditions and 1
conditions applying to declared 2
dangerous and menacing dogs 3
sections 81, 93, 97 and 98 4
1 Definitions for sch 1 5
In this schedule-- 6
relevant dog means-- 7
(a) if the dog is a declared dangerous dog or a declared 8
menacing dog--a declared dangerous dog or a declared 9
menacing dog; or 10
(b) if the dog is a restricted dog the subject of a restricted 11
dog permit--a restricted dog the subject of a permit. 12
relevant person means-- 13
(a) if a permit condition applies to a declared dangerous 14
dog or a declared menacing dog--the owner of, or any 15
responsible person for, the dog; or 16
(b) if a permit condition applies to a restricted dog--the 17
permit holder, or any responsible person, for the dog. 18
relevant place, for a relevant dog, means-- 19
(a) if the relevant dog is a declared dangerous dog or a 20
declared menacing dog--the place stated in the 21
registration notice as the address for it; or 22
(b) if the relevant dog is a restricted dog--the place for 23
which a restricted dog permit has been issued. 24
2 Identification 25
(1) A relevant dog must be implanted with a PPID. 26
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Animal Management (Cats and Dogs) Bill 2008
Schedule 1
Note-- 1
See section 214 (Regulated dogs must be implanted with a PPID) for a 2
regulated dog that has not been implanted with a PID on the 3
commencement of the section. 4
(2) A relevant dog must, at all times, wear a collar with an 5
attached identifying tag. 6
(3) The tag must be of the type, and contain the information 7
prescribed under a regulation. 8
3 Muzzling and effective control in public 9
(1) A relevant dog must not be in a public place unless it is-- 10
(a) muzzled; and 11
(b) under the effective control of someone who has the 12
control of no more than 1 dog at the same time. 13
(2) However, subsection (1) does not apply for a relevant dog in a 14
vehicle that is in a public place if the dog is-- 15
(a) in an enclosed part of the vehicle; and 16
(b) enclosed or restrained in a way that prevents the dog or 17
any part of it from being outside the enclosed part of the 18
vehicle. 19
4 Enclosure 20
(1) An enclosure for a relevant dog must be maintained at or on 21
the relevant place for the dog. 22
(2) The dog must, unless there is a reasonable excuse, be usually 23
kept in the enclosure. 24
(3) The enclosure must-- 25
(a) be childproof; and 26
(b) stop the dog from leaving the enclosure. 27
(4) Also, the enclosure and the area enclosed must-- 28
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Animal Management (Cats and Dogs) Bill 2008
Schedule 1
(a) be of the dimensions, quality and type prescribed under 1
a regulation; and 2
(b) comply with other requirements prescribed under a 3
regulation. 4
5 Public notice 5
(1) A sign must be placed at or near each entrance to the relevant 6
place for a relevant dog notifying the public that a relevant 7
dog is kept at the place. 8
(2) The sign must be of the dimensions, quality and type, and 9
contain the information prescribed under a regulation. 10
6 Place where relevant dog is usually kept 11
A relevant dog must not be usually kept at a place other than 12
the relevant place for the dog. 13
7 Notice of other restricted dog permit for dog 14
If a permit holder obtains another restricted dog permit for a 15
restricted dog the subject of the holder's permit, the holder 16
must immediately give the relevant local government notice of 17
the other permit. 18
8 Notice of change of address 19
(1) If a permit holder changes residential address, the holder must 20
give the relevant local government notice of the holder's new 21
residential address within 7 days after making the change. 22
(2) If the new residential address is in another local government's 23
area, the holder must also give the notice to the other local 24
government. 25
Page 131
Animal Management (Cats and Dogs) Bill 2008
Schedule 2
Schedule 2 Dictionary 1
section 8 2
accepted representations-- 3
(a) for chapter 2, part 1, division 3, subdivision 3--see 4
section 30(2); or 5
(b) for chapter 6, part 5--see section 163(2). 6
appropriate register, for information about a cat or dog, 7
means a register kept under section 177 in which particular 8
information about the cat or dog is kept. 9
approved form means-- 10
(a) for an approved form mentioned in chapter 6 or section 11
183--a form approved by the chief executive under 12
section 209(1); or 13
(b) otherwise--a form approved by the chief executive 14
officer of a local government under section 209(2). 15
approved inspection program see section 113(1). 16
approving local government see section 113(1). 17
authorised implanter means-- 18
(a) a veterinary surgeon who-- 19
(i) has completed a course, about implanting PIDs, 20
prescribed under a regulation; and 21
(ii) is not a prohibited implanter; or 22
(b) a person who-- 23
(i) has a qualification relating to the implantation of 24
PIDs prescribed under a regulation; and 25
(ii) has completed a course, about implanting PIDs, 26
prescribed under a regulation; and 27
(iii) is not a prohibited implanter. 28
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Animal Management (Cats and Dogs) Bill 2008
Schedule 2
authorised person means-- 1
(a) a person appointed under section 104; and 2
(b) for chapter 5, has the meaning affected by section 3
135(2). 4
bodily harm has the meaning given by the Criminal Code, 5
section 1. 6
cat see section 11(1). 7
cat and dog registry, of a local government, see section 8
177(2). 9
changed information see section 54(1). 10
compliance notice see section 132(2). 11
corresponding law means a law applying, or that applied, in 12
another State that provides, or provided, for the same, or 13
substantially the same, matter as this Act or a provision of this 14
Act. 15
dangerous dog declaration see section 89(1)(a). 16
declared dangerous dog see section 61. 17
declared menacing dog see section 62. 18
deferred date means-- 19
(a) the day that is 2 years after the date of assent of this Act; 20
or 21
(b) if an earlier day is prescribed under a regulation--the 22
earlier day. 23
deferred provisions see section 211. 24
desex, for a cat or dog, means to surgically remove its gonads 25
for the purpose of making it permanently incapable of 26
reproducing. 27
destroy, a regulated dog, includes causing it to be destroyed. 28
destruction order see section 127(4). 29
detached house does not include-- 30
(a) a caravan, trailer or vehicle; or 31
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Animal Management (Cats and Dogs) Bill 2008
Schedule 2
(b) a duplex; or 1
(c) a manufactured home. 2
dog see section 11(2). 3
effective control, of a regulated dog, see section 64. 4
enclosure, for a regulated dog, see schedule 1, section 4. 5
general register, of a local government, means its general 6
register kept under section 178. 7
general review application see section 181(2). 8
government entity means-- 9
(a) the State, the Commonwealth or another State; or 10
(b) an instrumentality or agent of the State, the 11
Commonwealth or another State. 12
government entity dog means-- 13
(a) a dog owned by a government entity or a person 14
engaged or employed by the entity; and 15
(b) used for a purpose under an Act of the Commonwealth 16
or a State. 17
Examples-- 18
· a corrective services dog under the Corrective Services Act 2006 19
· a drug detection dog, explosives detection dog or police dog under 20
the Police Powers and Responsibilities Act 2000 21
grievous bodily harm has the meaning given by the Criminal 22
Code, section 1. 23
identifying information, for a cat or dog, means the 24
information relating to the cat or dog required to be-- 25
(a) stated on a registration notice for the cat or dog; and 26
(b) held in the cat and dog registry of the relevant local 27
government for the cat or dog. 28
implant includes insert. 29
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Animal Management (Cats and Dogs) Bill 2008
Schedule 2
information notice, about a decision, means a notice 1
stating-- 2
(a) the decision and the reasons for it; and 3
(b) that the person to whom the notice is given may apply 4
for a review against the decision to the original decider 5
for the decision within 14 days after the person receives 6
the notice; and 7
(c) how to apply for the review. 8
inspect, for chapter 7, part 1, includes to obtain, orally or in 9
writing, the information kept on the regulated dog register. 10
interested person, for an original decision, means-- 11
(a) a person who has been given, or is entitled to be given, 12
an information notice about the decision; and 13
(b) if the decision relates to a cat or dog--the owner of, or 14
responsible person for, the cat or dog. 15
licence means a PID registry licence. 16
licence holder means a person holding a PID registry licence. 17
lives means resides. 18
local government, for chapter 5, has the meaning affected by 19
section 135(1). 20
mandatory conditions, for a licence, see section 152. 21
manufactured home see the Manufactured Homes 22
(Residential Parks) Act 2003, section 10. 23
menacing dog declaration see section 89(1)(b). 24
notice means-- 25
(a) a notice in writing; and 26
(b) for chapter 5, part 2, a notice issued under this Act. 27
occupier of a place, for chapter 5, part 2, includes a person 28
who reasonably appears to be the occupier of, or in charge of, 29
the place. 30
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Animal Management (Cats and Dogs) Bill 2008
Schedule 2
operator, of a pound or shelter, means the person who has the 1
role of being responsible for the management and operation of 2
the pound or shelter. 3
original decider, for an original decision, means-- 4
(a) if the original decision is made by the chief 5
executive--the chief executive; or 6
(b) if the original decision is made by the chief executive 7
officer of a local government--the chief executive 8
officer. 9
original decision means a decision about which an 10
information notice may be given by-- 11
(a) if the decision is made under chapter 2, part 1, division 12
3, subdivision 3, or chapter 6--the chief executive; or 13
(b) otherwise--the chief executive officer of a local 14
government. 15
owner, of a cat or dog, see section 9. 16
permanent identification device see section 12(1). 17
permit application see section 72(1). 18
permit condition means a condition imposed under-- 19
(a) chapter 4, part 3, division 2; or 20
(b) a regulation made under section 80(2). 21
permit holder means the holder of a restricted dog permit. 22
personal details requirement see section 139(4). 23
pet shop means a shop that sells a dog, cat, rabbit, guinea pig, 24
mouse, reptile, caged bird or any other similar animal of a 25
class or kind prescribed under a regulation. 26
PID see section 12(1). 27
PID information, for a cat or dog, means-- 28
(a) the name of the owner of the cat or dog; and 29
(b) the PID number for the cat or dog; and 30
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Animal Management (Cats and Dogs) Bill 2008
Schedule 2
(c) any other information about the cat or dog prescribed 1
under a regulation. 2
PID number means a unique number stored on a PID that is 3
capable of being electronically retrieved. 4
PID register means the register containing information about 5
PIDs. 6
PID registry licence means a licence to offer or provide a PID 7
registry service. 8
PID registry service means a service-- 9
(a) of keeping records containing identifying information 10
for a cat or dog; and 11
(b) provided by a licence holder. 12
PID review application see section 181(1). 13
PID review decision see section 185(1)(b). 14
place includes a vehicle. 15
pound means a premises maintained for the purpose of 16
impounding animals. 17
PPID see section 12(2). 18
prescribed permanent identification device see section 12(2). 19
primary producer-- 20
(a) means a person primarily engaged in the occupation of 21
a-- 22
(i) dairy farmer; or 23
(ii) wheat, maize, or cereal grower; or 24
(iii) cane grower; or 25
(iv) fruit grower; or 26
(v) grazier; or 27
(vi) farmer, whether engaged in general or mixed 28
farming, cotton, potato, or vegetable growing, or 29
poultry or pig raising; and 30
(b) includes a person engaged in primary production. 31
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prohibited implanter means a person given an information 1
notice under section 32(3). 2
prohibition-- 3
(a) for chapter 2, part 1, division 3, subdivision 3--see 4
section 27(b); or 5
(b) for chapter 6, part 5--see section 160(a). 6
proposed action-- 7
(a) for chapter 2, part 1, division 3, subdivision 3--see 8
section 27; or 9
(b) for chapter 6, part 5--see section 160. 10
proposed declaration notice see section 90(1). 11
public office, of a local government, has the meaning under 12
the Local Government Act 1993, schedule 2. 13
public place means any place that the public is entitled to use, 14
is open to the public, or used by the public, whether or not on 15
payment of money. 16
reasonably believes means to believe on grounds that are 17
reasonable in the circumstances. 18
reasonably suspects means to suspect on grounds that are 19
reasonable in the circumstances. 20
registered, for a cat or dog, means that the information about 21
the cat or dog is recorded in the relevant local government's 22
general register. 23
registered owner, of a cat or dog, means a person recorded as 24
being the owner of the cat or dog in a cat and dog registry of a 25
local government. 26
registration device see section 12. 27
registration fee, for a cat or dog, means the fee fixed by the 28
local government for its registration. 29
registration form, for the registration of a cat or dog in a local 30
government's area, means the approved form for registering 31
cats and dogs in the local government's area. 32
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registration notice, for a cat or dog, means a notice stating the 1
information in section 49(2) for the cat or dog. 2
regulated dog see section 60. 3
regulated dog declaration see section 89(6). 4
regulated dog register see section 172(1). 5
relevant dog see schedule 1, section 1. 6
relevant local government, for a provision about a cat or dog, 7
means the local government in whose area the cat or dog is 8
usually kept or proposed to be kept. 9
relevant person, for schedule 1, see schedule 1, section 1. 10
relevant place, for a relevant dog, see schedule 1, section 1. 11
renewal application see section 82(1). 12
renewal notice see section 56(1). 13
renewed permit see section 84(5)(a). 14
responsible person, for a regulated dog, see section 10. 15
restricted dog see section 63. 16
restricted dog declaration see section 89(1)(c). 17
restricted dog permit means a permit issued under chapter 4, 18
part 3. 19
restricted dog register, of a local government, means the 20
restricted dog register kept under section 212. 21
review decision see section 186(1)(b). 22
review notice see section 187(1). 23
rural land means land used for grazing stock or cultivating 24
crops on a commercial basis. 25
sell means sell by retail, wholesale or auction, and includes-- 26
(a) offer or agree to sell; and 27
(b) invite to treat or expose for sale; and 28
(c) cause or permit to be sold; and 29
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(d) supply under a lease, exchange, hiring or other 1
commercial arrangement. 2
seller means a person supplying a PID. 3
SEQ local government means-- 4
(a) the Brisbane City Council; or 5
(b) the following councils-- 6
· Gold Coast City Council 7
· Ipswich City Council 8
· Lockyer Valley Regional Council 9
· Logan City Council 10
· Moreton Bay Regional Council 11
· Redland City Council 12
· Scenic Rim Regional Council 13
· Somerset Regional Council 14
· Sunshine Coast Regional Council 15
· Toowoomba Regional Council. 16
shelter means a premises maintained for the purpose of 17
providing shelter to, or finding a home for, stray, abandoned 18
or unwanted animals. 19
show cause notice-- 20
(a) for chapter 2, part 1, division 3, subdivision 3--see 21
section 29(1); or 22
(b) for chapter 6, part 5--see section 162(1). 23
show cause period-- 24
(a) for chapter 2, part 1, division 3, subdivision 3--see 25
section 29(2); or 26
(b) for chapter 6, part 5--see section 162(2). 27
spent conviction means a conviction-- 28
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(a) for which the rehabilitation period under the Criminal 1
Law (Rehabilitation of Offenders) Act 1986 has expired 2
under that Act; and 3
(b) that is not revived as prescribed by section 11 of that 4
Act. 5
stock means alpacas, asses, buffaloes, camels, cattle, deer, 6
donkeys, goats, horses, llamas, mules, sheep or vicunas. 7
supply includes doing any of the following things if doing the 8
thing affects possession of a cat, dog or PPID, other than the 9
mere temporary custody of it-- 10
(a) exchange, give or sell; 11
(b) offer or agree to supply; 12
(c) cause or permit a supply; 13
(d) possess for supply. 14
suspension-- 15
(a) for chapter 2, part 1, division 3, subdivision 3--see 16
section 27(b); or 17
(b) for chapter 6, part 5--see section 160(a). 18
tattoo, a cat or dog for desexing, when used as a verb, means 19
to permanently mark the cat or dog in a way prescribed under 20
a regulation enabling the identification of the cat or dog as 21
desexed. 22
Example of a way that enables a cat or dog to be identified as desexed-- 23
placing a permanent symbol in a cat's or dog's left ear 24
veterinary surgeon means a person registered as a veterinary 25
surgeon under the Veterinary Surgeons Act 1936. 26
veterinary surgery means premises used or intended for use 27
by a veterinary surgeon in the practice of the veterinary 28
surgeon's profession. 29
warrant means a warrant issued under chapter 5, part 2, 30
division 2, subdivision 2, and includes a duplicate warrant 31
mentioned in section 119(5). 32
working dog-- 33
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(a) means a dog usually kept or proposed to be kept-- 1
(i) on rural land; and 2
(ii) by an owner who is a primary producer, or a person 3
engaged or employed by a primary producer; and 4
(iii) primarily for the purpose of-- 5
(A) droving, protecting, tending, or working, 6
stock; or 7
(B) being trained in droving, protecting, tending, 8
or working, stock; and 9
(b) does not include a class of dog prescribed under a 10
regulation. 11
© State of Queensland 2008
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