Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
LOCAL GOVERNMENT AND
OTHER LEGISLATION
AMENDMENT BILL (NO. 2)
2001
Queensland
LOCAL GOVERNMENT AND OTHER
LEGISLATION AMENDMENT BILL (No. 2)
2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF LOCAL GOVERNMENT ACT 1993
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 9 (Act applies only so far as expressly provided) . . . . . . . 10
6 Amendment of s 13 (Act applies only so far as expressly provided) . . . . . . 11
7 Amendment of s 14 (How Act applies to Aboriginal and Torres Strait
Islander local governments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 31 (Inconsistency with State law) . . . . . . . . . . . . . . . . . . . 12
9 Replacement of s 60W (Disbursement of surplus in operating fund of joint
board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
60W Disbursement from operating fund of joint board for purposes other
than its jurisdiction .................................... 12
10 Amendment of s 191 (Local Government Grants Commission and its
members) .............................................. 13
11 Amendment of s 193 (Vacation of and removal from office) . . . . . . . . . . . . 13
12 Amendment of s 213 (Quorum at meetings) . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Amendment of s 222 (Disqualification and vacation of office for certain
offences) ................................................. 14
14 Replacement of s 542 (Disbursement of surplus in operating fund of joint
local government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
542 Disbursement from operating fund of joint local government for
purposes other than exclusive jurisdiction . . . . . . . . . . . . . . . . . . . 14
2
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
15 Insertion of new s 708A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
708A Application of Statutory Bodies Financial Arrangements Act 1982 . 15
16 Amendment of s 1082 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s 1105 (Local laws about dogs) . . . . . . . . . . . . . . . . . . . . . . 15
18 Insertion of new ch 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
CHAPTER 17A--REGULATION OF RESTRICTED DOGS
PART 1--PRELIMINARY
Division 1--Purpose and application of chapter
1193A Purpose of ch 17A and its achievement. . . . . . . . . . . . . . . . . . . . . . . 16
1193B Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . 17
1193C Application to Aboriginal and Torres Strait Islander local
governments ....................................... 17
1193D Relationship with local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2--Interpretation for chapter
1193E What is a "restricted dog" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
1193F Who is an "owner" of a restricted dog. . . . . . . . . . . . . . . . . . . . . . . . 19
1193G Who is a "responsible person" for a restricted dog . . . . . . . . . . . . . . 19
1193H When a dog is under "effective control" . . . . . . . . . . . . . . . . . . . . . . 20
1193I Definitions for ch 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 2--RESTRICTIONS AND PROHIBITIONS
1193J Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
1193K Prohibition on acquisition or supply . . . . . . . . . . . . . . . . . . . . . . . . . 22
1193L Prohibition on breeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1193M Permit required for restricted dog. . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1193N Compulsory de-sexing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
1193O Abandonment prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
1193P Prohibition on allowing or encouraging dog to attack or cause fear . 24
PART 3--RESTRICTED DOG PERMITS
Division 1--Obtaining permit
Subdivision 1--Permit applications
1193Q Who may apply for permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
1193R Requirements for application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
1193S Local government may seek further documents or information . . . . 26
1193T Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
1193U Criteria for decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Subdivision 2--Action after decision on application
1193V Grant of application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
1193W Permit term . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
1193X Notice of refusal of permit application . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2--Permit conditions
1193Y Operation of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
1193Z Obligation to comply with permit conditions . . . . . . . . . . . . . . . . . . 28
1193ZA Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
11193ZB Muzzling and effective control in public. . . . . . . . . . . . . . . . . . . . 29
1193ZC Enclosure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
1193ZD Public notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
1193ZE Place where dog is usually kept. . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
1193ZF Notice of other restricted dog permit for dog . . . . . . . . . . . . . . . . . 30
1193ZG Notice of change of address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 3--Renewals
1193ZH When permit may be renewed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
1193ZI Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1193ZJ Deciding application. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
1193ZK Renewed term ....................................... 32
Division 4--Amendments
1193ZL Application for change of place for permit . . . . . . . . . . . . . . . . . . . 32
1193ZM Amendment by relevant local government. . . . . . . . . . . . . . . . . . . 32
Division 5--Miscellaneous provisions
1193ZN Restricted dog registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
1193ZO Public access to registers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
1193ZP No transfer of restricted dog permit. . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 4--RESTRICTED DOG DECLARATIONS
1193ZQ Power to make declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
1193ZR Notice of proposed declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
4
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
1193ZS Proposed declaration notice does not limit other powers . . . . . . . . 35
1193ZT Withdrawing proposed declaration notice . . . . . . . . . . . . . . . . . . . . 35
1193ZU Owner's obligations if proposed declaration notice in force . . . . . 35
1193ZV Making declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
1193ZW Notice and taking effect of declaration . . . . . . . . . . . . . . . . . . . . . 36
PART 5--ENFORCEMENT MATTERS
Division 1--Preliminary
1193ZX Relationship with ch 15, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 2--Compliance notices
1193ZY Power to give compliance notice . . . . . . . . . . . . . . . . . . . . . . . . . . 37
1193ZZ Requirements for giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
1193ZZA Failure to comply with notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Powers for restricted dogs
1193ZZB Additional entry powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
1193ZZC Seizure powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
1193ZZD Receipt for seized dog in certain cases. . . . . . . . . . . . . . . . . . . . . 40
1193ZZE Return of dog if not restricted dog . . . . . . . . . . . . . . . . . . . . . . . . 40
1193ZZF Return of restricted dog to registered owner . . . . . . . . . . . . . . . . . 41
1193ZZG Power to destroy restricted dog . . . . . . . . . . . . . . . . . . . . . . . . . . 41
PART 6--APPEALS
1193ZZH Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
1193ZZI Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
1193ZZJ Stay of operation of restricted dog declaration . . . . . . . . . . . . . . . 43
1193ZZK Hearing procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
1193ZZL Court's powers on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
1193ZZM Appeal to District Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
PART 7--MISCELLANEOUS PROVISIONS
Division 1--Evidentiary aids
1193ZZN Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
1193ZZO Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
1193ZZP Veterinary surgeon certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
1193ZZQ Other evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
5
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
Division 2--Other provisions
1193ZZR Failure to decide application taken to be refusal . . . . . . . . . . . . . 46
1193ZZS Surrender of restricted dog . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
1193ZZT Defence for restricted dog owner . . . . . . . . . . . . . . . . . . . . . . . . . 47
1193ZZU Recovery of seizure or destruction costs . . . . . . . . . . . . . . . . . . . 47
1193ZZV Payment of penalties for offences against ch 17A . . . . . . . . . . . . 48
1193ZZW Cost of restricted dog enclosure--dividing fence . . . . . . . . . . . . 48
1193ZZX Chapter does not affect other rights or remedies . . . . . . . . . . . . . 49
19 Insertion of new ch 19, pt 7, and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 7--TRANSITIONAL PROVISIONS FOR LOCAL
GOVERNMENT AND OTHER LEGISLATION AMENDMENT ACT
(NO. 2) 2001
1269 Application to Brisbane City Council . . . . . . . . . . . . . . . . . . . . . . . . 49
1270 Review of pre-existing local laws . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
1271 Expiry of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
SCHEDULE
DICTIONARY
PART 3--AMENDMENT OF QUEENSLAND TREASURY
CORPORATION ACT 1988
20 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
21 Replacement of s 19AAA (Division does not apply to local governments) . 51
19AAA Division does not apply to local governments or local government
owned corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
2001
A BILL
FOR
An Act to amend the Local Government Act 1993, and for other purposes
s1 8 s4
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Local Government and Other Legislation 4
Amendment Act (No. 2) 2001. 5
2 Commencement
Clause 6
Sections 4 to 8, 13 and 16 to 19 commence on a day to be fixed by 7
proclamation. 8
PART 2--AMENDMENT OF LOCAL GOVERNMENT 9
ACT 1993 10
3 Act amended in pt 2
Clause 11
This part amends the Local Government Act 1993. 12
4 Amendment of s 3 (Definitions)
Clause 13
(1) Section 3, `In this Act--'-- 14
omit, insert-- 15
`The dictionary in the schedule defines particular words used in this 16
Act.'. 17
(2) Section 3, definition "owner"-- 18
omit. 19
(3) Section 3-- 20
insert-- 21
s4 9 s4
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
` "compliance notice" see section 1193ZY(2). 1
"conviction" includes a finding of guilt, and the acceptance of a plea of 2
guilty, by a court, whether or not a conviction is recorded. 3
"destroy" a restricted dog, see section 1193I. 4
"destruction order" see section 1193ZZG(4). 5
"detached house" does not include-- 6
(a) a caravan, trailer or vehicle; or 7
(b) a duplex; or 8
(c) a mobile home as defined under the Mobile Homes Act 1989. 9
"effective control", of a restricted dog, see section 1193H. 10
"guardian" means a person who is recognised in law as having all the 11
duties, powers, responsibilities and authority that, by law, parents have 12
for their children. 13
"information notice", about a decision, means a written notice stating-- 14
(a) the decision and the reasons for it; and 15
(b) that the person to whom the notice is given may appeal against 16
the decision to a Magistrates Court within 14 days after the 17
person receives the notice; and 18
(c) how to appeal. 19
"lives", for chapter 17A, see section 1193I. 20
"local government owned corporation" see section 592. 21
"owner"-- 22
(a) of land-- 23
(i) generally--see section 4; and 24
(ii) for chapter 3, part 1--see also section 63; or 25
(b) of a restricted dog--see section 1193F. 26
"permit application" see section 1193Q(1). 27
"permit condition" see section 1193I. 28
"proposed declaration notice" see section 1193ZR(1). 29
"registered owner", of a restricted dog, see section 1193I. 30
s5 10 s5
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
"relevant local government", for a restricted dog, see section 1193I. 1
"renewal application" see section 1193ZH(1). 2
"responsible person", for a restricted dog, see section 1193G. 3
"restricted dog" see section 1193E. 4
"restricted dog declaration" see section 1193ZQ(1). 5
"restricted dog permit" see section 1193I. 6
"restricted dog register" see section 1193ZN(1). 7
"spent conviction" means a conviction-- 8
(a) for which the rehabilitation period under the Criminal Law 9
(Rehabilitation of Offenders) Act 1986 has expired under that 10
Act; and 11
(b) that is not revived as prescribed by section 11 of that Act. 12
"veterinary surgeon" means a person registered as a veterinary surgeon 13
under the Veterinary Surgeons Act 1936.'. 14
(4) Section 3, definition "authorised person"-- 15
insert-- 16
`(d) in chapter 17A--see section 1193I.'. 17
(5) Section 3, definitions, as amended by this section-- 18
relocate to the schedule as inserted by this Act. 19
5 Amendment of s 9 (Act applies only so far as expressly provided)
Clause 20
(1) Section 9(2)-- 21
insert-- 22
`· chapter 17A'. 23
(2) Section 9(2), last dot point, `divisions 3 and 4'-- 24
omit, insert-- 25
`division 4'. 26
s6 11 s7
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
6 Amendment of s 13 (Act applies only so far as expressly provided)
Clause 1
(1) Section 13(2)-- 2
insert-- 3
`· chapter 15, part 4, divisions 1 and 3 4
· chapter 15, part 5 5
· chapter 17A.'. 6
(2) Section 13-- 7
insert-- 8
`(2A) However-- 9
(a) chapter 15, part 4, division 1 applies only for a compliance 10
notice; and 11
(b) chapter 15, part 4, division 3, applies only for-- 12
(i) an authorisation or requirement under chapter 17A; or 13
(ii) a proceeding for an offence against the chapter; and 14
(c) chapter 15, part 5, applies with the following changes-- 15
(i) a place may be entered, or another power under the part 16
exercised, only to investigate compliance with chapter 17A 17
or to enforce the chapter; 18
(ii) a warrant under section 1094 may be issued only if there are 19
reasonable grounds to suspect the thing or activity 20
mentioned in the section may provide evidence of an 21
offence against chapter 17A; 22
(iii) section 11051 applies only for restricted dogs.'. 23
(3) Section 13(2A) and (3)-- 24
renumber as section 13(3) and (4). 25
7 Amendment of s 14 (How Act applies to Aboriginal and Torres
Clause 26
Strait Islander local governments) 27
Section 14(a)-- 28
1 Section 1105 (Local laws about dogs)
s8 12 s9
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
insert-- 1
`(iv) to a local law of a local government includes a reference to a 2
by-law of an Aboriginal or Torres Strait Islander local 3
government; and 4
`(v) to an authorised person for a local government includes a 5
reference to an authorised officer for an Aboriginal or Torres 6
Strait Islander local government; and'. 7
8 Amendment of s 31 (Inconsistency with State law)
Clause 8
Section 31-- 9
insert-- 10
`(2) Subsection (1) does not affect section 1193D.2'. 11
9 Replacement of s 60W (Disbursement of surplus in operating fund
Clause 12
of joint board) 13
Section 60W-- 14
omit, insert-- 15
`60W Disbursement from operating fund of joint board for purposes 16
other than its jurisdiction 17
`(1) The joint board may make a disbursement from its operating fund 18
for any purpose that-- 19
(a) is not within its jurisdiction; but 20
(b) is within the jurisdiction of local government. 21
`(2) However, the disbursement may be made only if-- 22
(a) the joint board has, by resolution, decided that the amount of the 23
disbursement is not required for exercising its jurisdiction; and 24
(b) the Townsville and Thuringowa City Councils approve the 25
purpose for which the disbursement is to be made. 26
2 Section 1193D (Relationship with local laws).
See also the Vegetation Management Act 1999, section 7 (Application of Act).
s 10 13 s 11
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(3) The approval may be given for the purpose for disbursements in 1
more than 1 financial year. 2
`(4) A disbursement for a purpose approved under this section may be 3
made-- 4
(a) to the Townsville and Thuringowa Councils for the purpose; or 5
(b) directly by the joint board for the purpose.'. 6
10 Amendment of s 191 (Local Government Grants Commission and
Clause 7
its members) 8
(1) Section 191(2) and (3), `5'-- 9
omit, insert-- 10
`6'. 11
(2) Section 191(3)-- 12
insert-- 13
`(ab)1 person with knowledge of Aboriginal and Torres Strait Islander 14
local government; and'. 15
(3) Section 191(4), `(3)(b)'-- 16
omit, insert-- 17
`(3)(c)'. 18
(4) Section 191(3)(ab) and (b)-- 19
renumber as section 191(3)(b) and (c). 20
11 Amendment of s 193 (Vacation of and removal from office)
Clause 21
Section 193(1)(d), `191(3)(b)'-- 22
omit, insert-- 23
`191(3)(c)'. 24
s 12 14 s 14
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
12 Amendment of s 213 (Quorum at meetings)
Clause 1
Section 213, `3 members'-- 2
omit, insert-- 3
`4 members'. 4
13 Amendment of s 222 (Disqualification and vacation of office for
Clause 5
certain offences) 6
Section 222(4)-- 7
omit. 8
14 Replacement of s 542 (Disbursement of surplus in operating fund
Clause 9
of joint local government) 10
Section 542-- 11
omit, insert-- 12
`542 Disbursement from operating fund of joint local government for 13
purposes other than exclusive jurisdiction 14
`(1) A joint local government may make a disbursement from its 15
operating fund for any purpose that-- 16
(a) is not within the exclusive jurisdiction of the joint local 17
government; but 18
(b) is within the jurisdiction of local government. 19
`(2) However, the disbursement may be made only if-- 20
(a) the joint local government has, by resolution, decided that the 21
amount of the disbursement is not required for exercising its 22
exclusive jurisdiction; and 23
(b) the component local governments approve the purpose for which 24
the disbursement is to be made. 25
`(3) The approval may be given for the purpose for disbursements in 26
more than 1 financial year. 27
`(4) A disbursement under this section may be made-- 28
s 15 15 s 17
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(a) to a component local government or another entity; or 1
(b) directly by the joint local government.'. 2
15 Insertion of new s 708A
Clause 3
Chapter 8, part 7, division 3, subdivision 20-- 4
insert-- 5
`708A Application of Statutory Bodies Financial Arrangements Act 6
1982 7
`(1) An LGOC is a statutory body for the Statutory Bodies Financial 8
Arrangements Act 1982. 9
`(2) The Statutory Bodies Financial Arrangements Act 1982, part 2B 10
sets out the way in which the powers under this Act of an LGOC are 11
affected by the Statutory Bodies Financial Arrangements Act 1982.'. 12
16 Amendment of s 1082 (Definitions)
Clause 13
(1) Section 1082, heading-- 14
omit, insert-- 15
`1082 Definitions for pt 5'. 16
(2) Section 1082, definition "public place"-- 17
relocate to the schedule as inserted by this Act. 18
17 Amendment of s 1105 (Local laws about dogs)
Clause 19
(1) Section 1105(2), after `local law'-- 20
omit, insert-- 21
`or seizing a restricted dog'. 22
(2) Section 1105-- 23
insert-- 24
`(2A) If a local law provides for a power of entry for seizing a dangerous 25
dog-- 26
s 18 16 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(a) the power may also be exercised for entry for seizing a restricted 1
dog; and 2
(b) for paragraph (a), a reference in the local law to a dangerous dog 3
includes a reference to a restricted dog.'. 4
(3) Section 1105(2A) to (4)-- 5
renumber as section 1105(3) to (5). 6
18 Insertion of new ch 17A
Clause 7
After chapter 17-- 8
insert-- 9
`CHAPTER 17A--REGULATION OF RESTRICTED 10
DOGS 11
`PART 1--PRELIMINARY 12
`Division 1--Purpose and application of chapter 13
`1193A Purpose of ch 17A and its achievement 14
`(1) The purposes of this chapter are to-- 15
(a) protect the community from damage or injury, or risk of damage 16
or injury, from restricted dogs; and 17
(b) ensure restricted dogs are-- 18
(i) not a risk to community health or safety; and 19
(ii) controlled and kept in a way consistent with community 20
expectations and the rights of individuals. 21
`(2) The purposes are to be achieved primarily by the following-- 22
(a) providing for local governments to declare dogs to be restricted 23
dogs; 24
(b) prohibiting the acquisition, breeding and supply of restricted 25
dogs; 26
s 18 17 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(c) providing for the compulsory de-sexing of restricted dogs; 1
(d) providing for permits for, and for the identification of, restricted 2
dogs; 3
(e) imposing conditions on keeping, and requirements for the control 4
of, restricted dogs; 5
(f) allowing authorised persons to seize or destroy restricted dogs in 6
particular circumstances; 7
(g) providing for local governments to administer, and be 8
responsible for, the matters mentioned in paragraphs (a) to (f). 9
`1193B Application to Brisbane City Council 10
`Subject to section 1193D, this chapter applies to the Brisbane City 11
Council. 12
`1193C Application to Aboriginal and Torres Strait Islander local 13
governments 14
`Subject to section 1193D, this chapter applies to all Aboriginal and 15
Torres Strait Islander local governments. 16
`1193D Relationship with local laws 17
`(1) If a local government makes a local law that prohibits anyone in its 18
local government area, other than an exempted person, from possessing a 19
restricted dog, this chapter does not apply in relation to the local 20
government or its area. 21
`(2) If a local government makes a local law that provides a person may, 22
in stated circumstances, possess a restricted dog in its local government 23
area, but otherwise prohibits anyone in the area, other than an exempted 24
person, from possessing a restricted dog, this chapter-- 25
(a) applies to everyone to whom the circumstances apply; and 26
(b) otherwise does not apply in relation to the local government or 27
the area. 28
`(3) This chapter does not prevent a local law from imposing 29
requirements in relation to dogs generally. 30
s 18 18 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(4) However, if this chapter and a local law are inconsistent about a 1
requirement, the local law is invalid to the extent of the inconsistency if it 2
imposes a less onerous obligation or lower standard on an owner of, or a 3
responsible person for, a restricted dog than the obligations or standards 4
imposed on the person under this chapter. 5
`(5) This section applies for a local law whether made before or after the 6
commencement of this chapter. 7
`(6) In this section-- 8
"exempted person" means an authorised person exercising functions or 9
powers under this Act or a local law. 10
"prohibits" includes a prohibition that does not provide for a penalty if the 11
prohibition is contravened. 12
`Division 2--Interpretation for chapter 13
`1193E What is a "restricted dog" 14
`(1) A "restricted dog" is a dog-- 15
(a) of a breed as follows-- 16
(i) dogo Argentino; 17
(ii) fila Brasileiro; 18
(iii) Japanese tosa; or 19
(b) of the type commonly known as `American pit bull terrier' or `pit 20
bull terrier'; or 21
(c) of a breed or type prescribed for this paragraph under a 22
regulation; or 23
(d) that is a crossbreed, or the offspring of, a dog of a breed or type 24
mentioned in paragraph (a), (b) or (c), whether or not the dog 25
appears to be a dog of that type or breed. 26
`(2) Also, a dog is a "restricted dog" if it is the subject of a restricted 27
dog declaration. 28
s 18 19 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(3) A breed or type may be prescribed under subsection (1)(c) only if, 1
under the Customs Act 1901 (Cwlth), it is prohibited from importation into 2
Australia.3 3
`1193F Who is an "owner" of a restricted dog 4
`(1) Each person as follows is an "owner" of a restricted dog-- 5
(a) a person recorded as an owner of the dog in a restricted dog 6
register or record under a local law; 7
(b) a person who owns the dog, in the sense of it being the person's 8
personal property; 9
(c) a person who usually keeps the dog, including through an agent, 10
employee or anyone else; 11
(d) if a person mentioned in paragraphs (a) to (c) is a minor--a 12
parent or guardian of the minor. 13
`(2) For subsection (1)(c), a person does not usually keep a dog-- 14
(a) merely because the person occupies a place at which the dog is 15
kept if someone else who is an adult and lives at the place keeps 16
the dog; or 17
(b) if the person keeps the dog as an employee of someone else and 18
the person is acting within the scope of the employment. 19
`(3) If a person owns a female restricted dog and the female has 20
offspring, the person is taken to be the offspring's "owner" immediately 21
after its birth. 22
`1193G Who is a "responsible person" for a restricted dog 23
`(1) A person is a "responsible person" for a restricted dog if-- 24
(a) the person, or the person's employee acting within the scope of 25
the employment, has immediate control or 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
3 See the Customs (Prohibited Imports) Regulations 1992 (Cwlth), section 2 and
schedule 1 (Goods the importation of which is prohibited absolutely).
s 18 20 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(c) the person occupies the place at which the dog is usually kept. 1
`(2) However, a person is not a responsible person for the dog-- 2
(a) merely because the person occupies a place at which the dog is 3
usually kept if someone else who is an adult and lives at the place 4
keeps the dog; or 5
(b) if the person has the control or custody of or keeps the dog as an 6
employee of someone else and the person is acting within the 7
scope of the employment. 8
`1193H When a dog is under "effective control" 9
`(1) A restricted dog is under the "effective control" of someone only 10
if-- 11
(a) an individual who is physically able to control the dog-- 12
(i) is holding it by an appropriate leash; or 13
(ii) has appropriately tethered it to an object fixed to a place 14
from which the object can not be moved by the dog and is 15
continuously supervising the dog; and 16
(b) the dog is participating in, or being exhibited or trained at, an 17
exhibition or an obedience trial supervised by a body recognised 18
for this section by the relevant local government. 19
`(2) For subsection (1), a dog is held by an appropriate leash or 20
appropriately tethered only if the leash or tether is of the dimensions, 21
quality and type that are appropriate to restrain the dog and ensure it is not 22
a risk to community health or safety. 23
`1193I Definitions for ch 17A 24
`In this chapter-- 25
"authorised person" means a person who holds appointment as an 26
authorised person under chapter 15, part 5. 27
"compliance notice" see section 1193ZY(2). 28
"destroy", a restricted dog, includes causing it to be destroyed. 29
"destruction order" see section 1193ZZG(4). 30
"effective control", of a restricted dog, see section 1193H. 31
s 18 21 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
"lives" means resides. 1
"owner", of a restricted dog, see section 1193F. 2
"permit application" see section 1193Q(1). 3
"permit condition" means a condition imposed under-- 4
(a) part 3, division 2; or 5
(b) a local law made under section 1193Y(2). 6
"proposed declaration notice" see section 1193ZR(1). 7
"registered owner", of a restricted dog, means a person who is recorded as 8
being the owner of the dog in the restricted dog register the relevant 9
local government keeps. 10
"relevant local government", for a restricted dog, means the local 11
government in whose area the dog is usually kept or proposed to be 12
kept. 13
"renewal application" see section 1193ZH(1). 14
"responsible person", for a restricted dog, see section 1193G. 15
"restricted dog" see section 1193E. 16
"restricted dog declaration" see section 1193ZQ(1). 17
"restricted dog permit" means a permit issued under part 3. 18
"restricted dog register" see section 1193ZN(1). 19
`PART 2--RESTRICTIONS AND PROHIBITIONS 20
`1193J Application of pt 2 21
`(1) This part does not apply to a local government in relation to a 22
restricted dog if the dog has been surrendered to it. 23
`(2) Section 1193K does not apply to another person for an act if the act 24
is the surrender of the dog to the relevant local government.4 25
4 See section 1193ZZS (Surrender of restricted dog).
s 18 22 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193K Prohibition on acquisition or supply 1
`(1) A person must not acquire a restricted dog or proposed restricted 2
dog unless-- 3
(a) the acquisition is made under a distribution in the estate of a 4
deceased person; or 5
(b) the person has a reasonable excuse. 6
Maximum penalty--150 penalty units. 7
`(2) A person must not supply a restricted dog or proposed restricted dog 8
to someone else unless-- 9
(a) the supply is made under a distribution in the estate of a deceased 10
person; or 11
(b) the person has a reasonable excuse. 12
Maximum penalty--150 penalty units. 13
`(3) In this section-- 14
"acquire" means to acquire as an owner including, for example, to become 15
an owner as mentioned in section 1193F(3). 16
"proposed restricted dog" means a dog the subject of-- 17
(a) a proposed declaration notice that has not been withdrawn; or 18
(b) a restricted dog declaration that has been stayed under 19
section 1193ZZJ. 20
"supply", a restricted dog, (including in paragraphs (b) to (d) of this 21
definition) includes doing any of the following things if doing the 22
thing affects possession of the dog, other than the mere temporary 23
custody of it-- 24
(a) exchange, give or sell; 25
(b) offer or agree to supply; 26
(c) cause or permit a supply; 27
(d) possess for supply. 28
s 18 23 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193L Prohibition on breeding 1
`(1) A person must not give, or take, possession of a restricted dog for 2
the purpose of allowing it to breed with another dog. 3
Maximum penalty--150 penalty units 4
`(2) The owner of, or a responsible person for, a restricted dog must not 5
allow or encourage the dog to breed with another dog. 6
Maximum penalty--150 penalty units. 7
`1193M Permit required for restricted dog 8
`A person must not, unless the person has a reasonable excuse, own, or 9
be a responsible person for, a restricted dog unless the relevant local 10
government has issued a restricted dog permit to someone to keep the dog. 11
Maximum penalty--75 penalty units. 12
`1193N Compulsory de-sexing 13
`(1) A person who owns a restricted dog must ensure it is de-sexed 14
within 3 months after the later of the following to happen unless de-sexing 15
is not in the interests of the dog's health-- 16
(a) any person is issued a restricted dog permit to keep the dog; 17
(b) the dog turns 6 months. 18
Maximum penalty--150 penalty units. 19
`(2) If the person does not de-sex the dog because de-sexing was 20
temporarily not in the interests of its health (the "temporary 21
condition")-- 22
(a) the obligation under subsection (1) continues despite the matters 23
mentioned in subsection (1)(a) and (b) having happened; and 24
(b) the person must ensure the dog is de-sexed within 3 months after 25
the temporary condition ceases. 26
Maximum penalty--150 penalty units. 27
s 18 24 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193O Abandonment prohibited 1
`(1) The owner of, or a responsible person for, a restricted dog must not 2
abandon it unless the owner or responsible person has a reasonable excuse. 3
Maximum penalty--300 penalty units. 4
`(2) In this section-- 5
"abandon" includes leave for an unreasonable period, having regard to 6
community health and safety. 7
`1193P Prohibition on allowing or encouraging dog to attack or cause 8
fear 9
`(1) A person must not allow or encourage a restricted dog to attack, or 10
act in a way that causes fear to, an animal or person. 11
Maximum penalty--300 penalty units. 12
`(2) In this section-- 13
"allow or encourage", without limiting the Criminal Code, sections 7 and 14
8,5 includes cause to allow or encourage. 15
`PART 3--RESTRICTED DOG PERMITS 16
`Division 1--Obtaining permit 17
`Subdivision 1--Permit applications 18
`1193Q Who may apply for permit 19
`(1) An adult may apply to the relevant local government for a permit to 20
keep a restricted dog at a stated place in its area (a "permit application"). 21
`(2) However, a permit application may be made for a place only if-- 22
5 Criminal Code, sections 7 (Principal offenders) and 8 (Offences committed in
prosecution of common purpose)
s 18 25 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(a) there is a detached house on the place; and 1
(b) someone usually lives in the house. 2
`(3) A permit application may be made for more than 1 restricted dog for 3
the same place only if the keeping of more than 1 restricted dog and more 4
than 1 dog of any breed or type is permitted under a local law of the 5
relevant local government. 6
`1193R Requirements for application 7
`A permit application must-- 8
(a) be in the approved form; and 9
(b) state the following-- 10
(i) the applicant's name and residential address; 11
(ii) the following details for each dog the subject of the 12
application-- 13
· age; 14
· breed or type; 15
· colour; 16
· sex; 17
· any other noticeable distinguishing features or marks; 18
(iii) the address of the place for which the application is made; 19
(iv) the type of each structure at the place; 20
(v) other information prescribed under a regulation; and 21
(c) if the dog is 9 months or older--be accompanied by a signed 22
veterinary surgeon's certificate stating, or other evidence of, 23
either of the following-- 24
(i) that the dog has been de-sexed; 25
(ii) that de-sexing is not in the interests of the dog's health; and 26
(d) be supported by enough other information to enable the local 27
government to decide the application; and 28
(e) be accompanied by-- 29
(i) a recent colour photo of the dog; and 30
s 18 26 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(ii) the charge fixed under section 974 for the application; and 1
(iii) other information, or documents, required under a local law. 2
`1193S Local government may seek further documents or information 3
`(1) The relevant local government may, after a permit application has 4
been made, by written notice, require the applicant to give it a stated 5
document or information that is relevant to the application. 6
`(2) The notice may require the applicant to verify the correctness of the 7
document or information by statutory declaration.6 8
`1193T Deciding application 9
`(1) The relevant local government must either grant or refuse a permit 10
application within 21 days after the later of the following to happen-- 11
(a) the making of the application; 12
(b) it receives all necessary information to decide the application. 13
`(2) The local government must refuse the application if-- 14
(a) the applicant-- 15
(i) is a minor; or 16
(ii) has been convicted of an offence against this chapter and the 17
conviction is not a spent conviction; or 18
(b) it is not satisfied the place for which the application is made has a 19
detached house on it in which someone usually lives; or 20
(c) it is satisfied the dog is 9 months or older and has not been 21
de-sexed. 22
`(3) However, subsection (2)(c) does not apply if the local government is 23
satisfied de-sexing is not in the interests of the dog's health. 24
`(4) A local law may provide that the application must be refused in 25
another stated circumstance. 26
6 See also chapter 15, part 5, division 6 (Monitoring authorisations and notices and
processing applications).
s 18 27 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(5) If the local government decides to grant the application, it may 1
impose a condition provided for under a local law made under 2
section 1193Y(2). 3
`1193U Criteria for decision 4
`In deciding a permit application, the matters the relevant local 5
government must consider include-- 6
(a) whether the place for which the application is made is suitable, 7
having regard to community health and safety; and 8
(b) whether, if the application were to be granted, the permit 9
conditions would be complied with for each dog the subject of 10
the application; and 11
(c) another matter prescribed under a regulation. 12
`Subdivision 2--Action after decision on application 13
`1193V Grant of application 14
`As soon as practicable after deciding to grant a permit application, the 15
relevant local government must issue the applicant with the restricted dog 16
permit in the approved form. 17
`1193W Permit term 18
`A restricted dog permit expires 1 year after the day the holder is issued 19
the permit. 20
`1193X Notice of refusal of permit application 21
`As soon as practicable after deciding to refuse a permit application, the 22
relevant local government must give the applicant an information notice 23
about the decision. 24
s 18 28 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`Division 2--Permit conditions 1
`1193Y Operation of div 2 2
`(1) This division imposes conditions on each restricted dog permit. 3
`(2) Also, a local government may make a local law that imposes, for 4
each restricted dog permit the local government issues, conditions that 5
provide for more onerous obligations or higher standards than the 6
obligations or standards provided for under the conditions under this 7
division. 8
`(3) The conditions mentioned in subsections (1) and (2) apply for each 9
restricted dog the subject of the permit. 10
`(4) However, if a restricted dog permit states the conditions do not take 11
effect until a stated day, they do not apply until that day. 12
`(5) The stated day can not be more than 21 days after the holder is 13
issued the permit. 14
`1193Z Obligation to comply with permit conditions 15
`The holder of a restricted dog permit, and any responsible person for the 16
dog, must ensure each permit condition is complied with for the dog. 17
Maximum penalty--75 penalty units. 18
`1193ZA Identification 19
`(1) The dog must, at all times, wear a collar with an attached identifying 20
tag. 21
`(2) The tag must be of the type, and contain the information-- 22
(a) prescribed under a regulation; or 23
(b) required under a local law, or a resolution of, the relevant local 24
government. 25
`(3) If a regulation prescribes another way for identifying restricted 26
dogs, the dog must also be identified in the prescribed way. 27
28
Examples of `another way' for subsection (3)--
29
A system of microchipping or tattooing.
s 18 29 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`11193ZB Muzzling and effective control in public 1
`(1) The dog must not be in a public place unless it is-- 2
(a) muzzled; and 3
(b) under the effective control of someone who has the control of no 4
more than 2 dogs of any breed or type at the same time. 5
`(2) However, subsection (1) does not apply for a restricted dog in a 6
vehicle that is in a public place if the dog is-- 7
(a) in an enclosed part of the vehicle; and 8
(b) enclosed or restrained in a way that prevents the dog or any part 9
of it from being outside the enclosed part of the vehicle. 10
`1193ZC Enclosure 11
`(1) An enclosure for the dog must be maintained at or on the place for 12
which the permit has been given. 13
`(2) The dog must, unless there is a reasonable excuse, be usually kept in 14
the enclosure. 15
`(3) The enclosure must-- 16
(a) be childproof; and 17
(b) stop the dog from leaving the enclosure. 18
`(4) Also, the enclosure and the area enclosed must-- 19
(a) be of the dimensions, quality and type prescribed under a 20
regulation; and 21
(b) comply with other requirements prescribed under a regulation. 22
`1193ZD Public notice 23
`(1) A sign must be placed at or near each entrance to the place for which 24
the permit has been given notifying the public that a restricted dog is kept 25
at the place. 26
`(2) The sign must be of the dimensions, quality and type, and contain 27
the information-- 28
(a) prescribed under a regulation; or 29
s 18 30 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(b) required under a local law, or a resolution of, the relevant local 1
government. 2
`1193ZE Place where dog is usually kept 3
`The dog must not be usually kept at a place other than the place for 4
which the permit has been given. 5
`1193ZF Notice of other restricted dog permit for dog 6
`If the permit holder obtains another restricted dog permit for the dog, 7
the holder must immediately give the relevant local government written 8
notice of the other permit. 9
`1193ZG Notice of change of address 10
`(1) If the permit holder changes residential address, the holder must 11
give the relevant local government written notice of the holder's new 12
residential address within 7 days after making the change. 13
`(2) If the new residential address is in another local government's area, 14
the holder must also give the notice to the other local government. 15
`Division 3--Renewals 16
`1193ZH When permit may be renewed 17
`(1) The holder of a restricted dog permit may apply to the relevant local 18
government to renew the permit (a "renewal application"). 19
`(2) However, a renewal application can not be made-- 20
(a) if the permit has expired; or 21
(b) within 21 days before the permit's expiry; or 22
(c) if the applicant has been convicted of an offence against this 23
chapter and the conviction is not a spent conviction. 24
s 18 31 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193ZI Requirements for application 1
`A renewal application must be-- 2
(a) in the approved form; and 3
(b) supported by enough other information to enable the local 4
government to decide the application; and 5
(c) accompanied by-- 6
(i) any charge fixed under section 974 for the application; and 7
(ii) other information, or documents, required under a local law. 8
`1193ZJ Deciding application 9
`(1) The relevant local government must either grant or refuse a renewal 10
application within 21 days after the later of the following to happen-- 11
(a) the making of the application; 12
(b) it receives all necessary information to decide the application. 13
`(2) The local government must refuse the application if the applicant 14
has been convicted of an offence against this chapter and the conviction is 15
not a spent conviction. 16
`(3) A local law may provide that the application must be refused in 17
another stated circumstance. 18
`(4) The local government-- 19
(a) must, in deciding the application, consider the matters mentioned 20
in section 1193U; and 21
(b) may seek further documents or information in the way 22
mentioned in section 1193S. 23
`(5) The local government must, as soon as practicable after deciding the 24
application-- 25
(a) if the decision is to grant--issue the applicant with the renewed 26
permit in the approved form; or 27
(b) if the decision is to refuse--give the applicant an information 28
notice about the decision. 29
s 18 32 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193ZK Renewed term 1
`A renewed restricted dog permit expires 1 year after the day the holder 2
is issued the renewed permit. 3
`Division 4--Amendments 4
`1193ZL Application for change of place for permit 5
`(1) The holder of a restricted dog permit may apply to the relevant local 6
government to change the place for which the permit has been given. 7
`(2) However, the place can not be changed to a place outside the local 8
government's area. 9
`(3) Division 1 and part 6 apply to the application, with necessary 10
changes, as if it were a permit application. 11
`1193ZM Amendment by relevant local government 12
`(1) The relevant local government may amend a restricted dog permit at 13
any time, by giving its holder written notice of the amendment and 14
recording particulars of the amendment in its restricted dog register, if the 15
amendment-- 16
(a) is to correct a clerical or formal error; or 17
(b) does not adversely affect the holder's interests; or 18
(c) is at the holder's written request. 19
`(2) However, the amendment can not be inconsistent with a permit 20
condition or impose a condition on the permit other than a permit 21
condition. 22
`Division 5--Miscellaneous provisions 23
`1193ZN Restricted dog registers 24
`(1) Each local government must keep a register of restricted dogs for its 25
area (a "restricted dog register"). 26
s 18 33 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(2) The register must include the following information for each 1
restricted dog permit in force in the local government's area-- 2
(a) the address of the place for which the permit has been given; 3
(b) the following details for each dog the subject of the permit-- 4
(i) breed or type; 5
(ii) colour; 6
(iii) sex; 7
(iv) the number recorded on its collar, identification tag, 8
registration tag or tattoo; 9
(v) any other noticeable distinguishing features or marks; 10
(c) other information prescribed under a regulation. 11
`(3) A restricted dog register may-- 12
(a) include other information the local government considers 13
appropriate; and 14
(b) be kept in the way the local government considers appropriate, 15
including, for example, in electronic form. 16
`1193ZO Public access to registers 17
`(1) Each local government must keep its restricted dog register open to 18
inspection. 19
`(2) However, subsection (1) does not apply for a person's name and 20
postal address included in the register if the local government has been 21
given a notice mentioned in section 8(2)7 about the person. 22
`1193ZP No transfer of restricted dog permit 23
`A restricted dog permit can not be transferred. 24
7 Section 8 (Documents open to inspection not to contain information about protected
persons)
s 18 34 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`PART 4--RESTRICTED DOG DECLARATIONS 1
`1193ZQ Power to make declaration 2
`(1) Any local government may, by complying with the requirements of 3
this part, declare a particular dog to be a restricted dog (a "restricted dog 4
declaration").8 5
`(2) The declaration may be made even if the dog is not in the local 6
government's area. 7
`1193ZR Notice of proposed declaration 8
`(1) If a local government proposes to make a restricted dog declaration 9
it must give any owner of the dog written notice (a "proposed declaration 10
notice") stating the following-- 11
(a) the following details for the dog-- 12
(i) breed or type; 13
(ii) colour; 14
(iii) sex; 15
(iv) any other noticeable distinguishing features or marks; 16
(b) the local government proposes to declare the dog to be a 17
restricted dog; 18
(c) an owner of the dog may make, within a stated period, written 19
representations to show why the proposed declaration should not 20
be made; 21
(d) the representations may include a written opinion from a 22
veterinary surgeon or other evidence about the dog's breed or 23
type; 24
(e) under section 1193M, a person must not, unless the person has a 25
reasonable excuse, own, or be a responsible person for, a 26
restricted dog unless the relevant local government has issued a 27
restricted dog permit for the dog. 28
8 See section 1193E(2) (What is a "restricted dog").
s 18 35 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(2) The stated period must end at least 14 days after the proposed 1
declaration notice is given. 2
`(3) The proposed declaration notice may be accompanied by a written 3
opinion from a veterinary surgeon or other evidence about the dog's breed 4
or type. 5
`1193ZS Proposed declaration notice does not limit other powers 6
`The giving of a proposed declaration notice does not limit an authorised 7
person's powers under-- 8
(a) part 5; or 9
(b) chapter 15, part 5; or 10
(c) a local law. 11
`1193ZT Withdrawing proposed declaration notice 12
`The local government may withdraw the proposed declaration notice by 13
giving written notice of the withdrawal to any owner of the dog the subject 14
of the notice. 15
`1193ZU Owner's obligations if proposed declaration notice in force 16
`(1) Each owner of, and responsible person for, the dog the subject of the 17
proposed declaration notice must ensure the requirements under 18
section 1193ZB are complied with for the dog.9 19
Maximum penalty--75 penalty units. 20
`(2) Subsection (1) ceases to apply if the notice is withdrawn. 21
`1193ZV Making declaration 22
`(1) The local government must consider any written representations and 23
evidence accompanying them within the period stated in the proposed 24
declaration notice. 25
9 Section 1193ZB (Muzzling and effective control in public). See also section 1193K
(Prohibition on acquisition or supply).
s 18 36 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(2) If, after complying with subsection (1), the local government is 1
satisfied the dog is of a breed or type mentioned in section 1193E(1),10 it 2
must make the restricted dog declaration. 3
`1193ZW Notice and taking effect of declaration 4
`(1) As soon as practicable after deciding to make a restricted dog 5
declaration, the local government must give any owner of the dog the 6
subject of the declaration a notice under subsection (2) or (3). 7
`(2) If the relevant proposed declaration notice was accompanied by a 8
written opinion from a veterinary surgeon stating, or to the effect, that the 9
dog is of a breed or type mentioned in section 1193E(1), the notice must be 10
written and state the decision and reasons for it. 11
`(3) If subsection (2) does not apply, the notice must be an information 12
notice about the decision. 13
`(4) The decision takes effect on the later of the following days-- 14
(a) the day any owner of the dog is given the notice; 15
(b) a later day of effect stated in the notice. 16
`PART 5--ENFORCEMENT MATTERS 17
`Division 1--Preliminary 18
`1193ZX Relationship with ch 15, pt 5 19
`(1) This part is in addition to, and does not limit, chapter 15, part 5. 20
`(2) Chapter 15, part 5, division 9 applies to this part as if a reference in 21
the division to the exercise of a power under chapter 15, part 5 includes a 22
reference to the exercise of a power under this part. 23
10 Section 1193E (What is a "restricted dog")
s 18 37 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(3) However, compensation can not be claimed or ordered to be paid 1
under section 1104 for a loss or expense caused by the seizure or 2
destruction under this part of a restricted dog. 3
`Division 2--Compliance notices 4
`1193ZY Power to give compliance notice 5
`(1) This section applies if an authorised person reasonably believes an 6
owner of, or a responsible person for, a restricted dog has committed, is 7
committing or is about to commit, an offence against this chapter. 8
`(2) The authorised person may give the owner or responsible person 9
written notice (a "compliance notice") requiring the owner or responsible 10
person to-- 11
(a) stop committing the offence; or 12
(b) take action to remedy the matter. 13
`(3) A compliance notice may also state-- 14
(a) that an authorised person proposes, at a stated time or at stated 15
intervals, to enter premises of which the owner or responsible 16
person is the occupier to check compliance with the notice; or 17
(b) how the owner or responsible person may show the action has 18
been taken. 19
`1193ZZ Requirements for giving notice 20
`(1) A compliance notice must be written and state the following-- 21
(a) the names of the authorised person giving it and the local 22
government that appointed the person; 23
(b) that the authorised person believes the owner or responsible 24
person given the notice has committed, is committing or is about 25
to commit, an offence against this chapter; 26
(c) the nature of the offence; 27
(d) that the owner or responsible person must-- 28
(i) stop committing the offence; or 29
s 18 38 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(ii) take stated required action; 1
(e) a reasonable period within which any required action must be 2
taken. 3
`(2) Despite subsection (1), a compliance notice may be given orally if-- 4
(a) either-- 5
(i) the authorised person giving the notice reasonably believes 6
continued commission of the offence needs to be stopped, 7
or the required action needs to be taken, urgently; or 8
(ii) for any reason it is not practicable to immediately give the 9
notice in writing; and 10
(b) the authorised person warns the owner or responsible person that, 11
without reasonable excuse, it is an offence for the owner or 12
responsible person not to comply with the notice. 13
`(3) If a compliance notice is given orally, the authorised person giving 14
the notice must confirm the notice by also giving it in writing as soon as 15
practicable after giving it orally. 16
`1193ZZA Failure to comply with notice 17
`(1) A person to whom a compliance notice has been given must comply 18
with the notice unless the person has a reasonable excuse. 19
Maximum penalty--75 penalty units. 20
`(2) It is a reasonable excuse if, when the notice was given, the person 21
had not committed, was not committing or was not about to commit, the 22
offence stated in the notice. 23
`Division 3--Powers for restricted dogs 24
`1193ZZB Additional entry powers 25
`(1) An authorised person may enter and stay at a place if-- 26
(a) the person reasonably suspects a restricted dog is at the place 27
and-- 28
(i) no restricted dog permit has been issued for the dog; and 29
s 18 39 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(ii) any delay in entering the place will result in a risk to 1
community health or safety or the dog being concealed or 2
moved to avoid a requirement under this chapter; or 3
(b) its occupier has been given a compliance notice and the entry is 4
made at a time stated in the notice to check compliance with the 5
notice. 6
`(2) A power under subsection (1) must not be exercised using force.11 7
`(3) If an authorised person is intending under subsection (1) to enter a 8
place and the occupier of the place is present at the place, the person must 9
do, or make a reasonable attempt to do, the following things before 10
entering the place-- 11
(a) comply with section 108812 for the occupier; 12
(b) tell the occupier-- 13
(i) the purpose of the entry; and 14
(ii) the person is permitted under this Act to enter the place 15
without the occupier's consent or a warrant. 16
`(4) If an authorised person enters, or proposes to enter, a place under 17
this section, section 1102 applies as if the entry had been, or is being, made 18
under chapter 15, part 5, division 4.13 19
`1193ZZC Seizure powers 20
`(1) If an authorised person has, under this division or chapter 15, part 5, 21
entered a place and the person reasonably suspects a restricted dog is at the 22
place, the person may seize the dog if-- 23
(a) the person reasonably believes the dog-- 24
(i) has attacked, threatened to attack or acted in a way that 25
causes fear to, an animal or person; or 26
(ii) is, or may be, a risk to community health or safety; or 27
11 For power to enter using force, see section 1193ZX (Relationship with ch 15, pt 5)
and chapter 15, part 5, division 5 (Warrants).
12 Section 1088 (Production of identity card)
13 Section 1102 (General powers after entering places)
Chapter 15, part 5, division 4 (Investigations about offences)
s 18 40 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(b) a permit application to keep the dog at the place has been 1
refused; or 2
(c) no restricted dog permit has been issued for the dog and the 3
person reasonably believes there is a risk the dog may be 4
concealed or moved to avoid a requirement under this chapter; or 5
(d) a compliance notice has been given in relation to the dog and the 6
person reasonably believes the notice has not been complied 7
with. 8
`(2) Also, if the place is a public place, the person may seize the dog if it 9
is not under anyone's effective control. 10
`1193ZZD Receipt for seized dog in certain cases 11
`(1) This section applies if-- 12
(a) an authorised person has, under this division or a local law, 13
seized a dog; and 14
(b) the dog-- 15
(i) has, or appears to have, a registered owner; or 16
(ii) was seized from a person who had immediate control or 17
custody of it. 18
`(2) The authorised person must, as soon as practicable after the seizure, 19
give the registered owner or person a written receipt for the dog-- 20
(a) generally describing the dog and its condition; and 21
(b) stating the dog has been seized. 22
`(3) If the registered owner is not present at the place, the receipt may be 23
given by leaving it at the place in a conspicuous position and in a 24
reasonably secure way. 25
`1193ZZE Return of dog if not restricted dog 26
`(1) This section applies if-- 27
(a) under this division or a local law, an authorised person has seized 28
a dog the person reasonably suspected was a restricted dog; and 29
(b) the person becomes satisfied the dog is not a restricted dog. 30
s 18 41 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(2) As soon as practicable after becoming so satisfied, the person must 1
return the dog to any owner or other person entitled to possession of it. 2
`1193ZZF Return of restricted dog to registered owner 3
`(1) This section applies if an authorised person has, under this division 4
or a local law, seized a restricted dog and the dog has, or appears to have, a 5
registered owner. 6
`(2) The person must, within 14 days after the seizure, return the dog to 7
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 a 12
proceeding or proposed proceeding for an offence involving the 13
dog; or 14
(d) the person is reasonably satisfied the owner of, or a responsible 15
person for, the dog, has not complied with a permit condition for 16
the dog. 17
`(3) The person must return the dog to the owner as soon as practicable if 18
an event as follows happens-- 19
(a) if subsection (2)(b) applies--an appeal is made against the order 20
and, as a result of the appeal, the order is no longer in force; 21
(b) if subsection (2)(c) applies--the dog's continued retention as 22
evidence is no longer required; 23
(c) if subsection (2)(d) applies--all permit conditions are complied 24
with for the dog. 25
`1193ZZG Power to destroy restricted dog 26
`(1) This section applies if an authorised person has, under this division 27
or a local law, seized a restricted dog. 28
`(2) The person may, without notice, immediately destroy the dog if-- 29
(a) the person reasonably believes the dog is dangerous and the 30
person can not control it; or 31
s 18 42 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(b) an owner of the dog has asked the person to destroy it. 1
`(3) The person may destroy the dog 5 days after the seizure if-- 2
(a) the dog-- 3
(i) was not seized under section 1193ZZC(1)(b); and 4
(ii) has no registered owner, or apparently has no registered 5
owner; and 6
(iii) is not the subject of a restricted dog declaration by the 7
relevant local government; and 8
(b) the person or the relevant local government does not know of 9
anyone who owns, or is a responsible person for, the dog. 10
`(4) If subsection (3) does not apply, the person may make an order (a 11
"destruction order") stating the person proposes to destroy the dog 14 12
days after the order is served. 13
`(5) The destruction order must-- 14
(a) be served on-- 15
(i) the registered owner of the dog; or 16
(ii) if the dog has no registered owner--any person who owns, 17
or is a responsible person for, the dog; and 18
(b) include or be accompanied by an information notice about the 19
decision to give the destruction order. 20
`(6) If a destruction order is made for the dog, the person may destroy 21
the dog 14 days after the order is served if no appeal has been made against 22
the order. 23
`(7) If an appeal is made against the order, the person may destroy the 24
dog if-- 25
(a) the appeal is finally decided or is otherwise ended; and 26
(b) the order is still in force. 27
s 18 43 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`PART 6--APPEALS 1
`1193ZZH Who may appeal 2
`A person who is given, or is entitled to be given, an information notice 3
about a decision under this chapter may appeal against the decision to a 4
Magistrates Court. 5
`1193ZZI Starting appeal 6
`(1) An appeal is started by-- 7
(a) filing notice of appeal with the clerk of the Magistrates Court; 8
and 9
(b) serving a copy of the notice on the original decider; and 10
(c) complying with rules of court applicable to the appeal. 11
`(2) The notice of appeal must be filed within 14 days after-- 12
(a) if the appellant is given the information notice about the decision 13
appealed against--the day the notice is given; or 14
(b) if paragraph (a) does not apply--the day the appellant becomes 15
aware of the decision. 16
`(3) However, the court may, at any time, extend the time for filing the 17
notice of appeal. 18
`(4) The notice of appeal must state fully the grounds of the appeal and 19
the facts relied on. 20
`1193ZZJ Stay of operation of restricted dog declaration 21
`(1) The Magistrates Court may grant a stay of the operation of a 22
restricted dog declaration appealed against to secure the effectiveness of 23
the appeal. 24
`(2) However, a stay must not be granted unless a condition is imposed 25
that each owner of, and responsible person for, the dog must, until the 26
s 18 44 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
appeal is decided, ensure the requirements under section 1193ZB14 are 1
complied with for the dog the subject of the declaration. 2
`(3) A stay-- 3
(a) may be granted on other conditions the court considers 4
appropriate; and 5
(b) operates for the period fixed by the court; and 6
(c) may be amended or cancelled by the court. 7
`(4) The period of a stay stated by the court must not extend past the 8
time when the court decides the appeal. 9
`(5) An appeal against a restricted dog declaration affects the 10
declaration, or the carrying out of the declaration, only if it is stayed. 11
`1193ZZK Hearing procedures 12
`(1) In deciding an appeal, the Magistrates Court-- 13
(a) has the same powers as the person who made the decision 14
appealed against; and 15
(b) is not bound by the rules of evidence; and 16
(c) must comply with natural justice. 17
`(2) An appeal is by way of rehearing, unaffected by the decision. 18
`1193ZZL Court's powers on appeal 19
`(1) In deciding an appeal, the Magistrates Court may-- 20
(a) confirm the decision appealed against; or 21
(b) set aside the decision and substitute another decision; or 22
(c) set aside the decision and return the matter to the original decider 23
with directions the court considers appropriate. 24
`(2) If the court substitutes another decision, the substituted decision is, 25
for the purposes of this Act, other than this part, taken to be the decision of 26
the original decider. 27
14 Section 1193ZB (Muzzling and effective control in public). See also section 1193K
(Prohibition on acquisition or supply).
s 18 45 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193ZZM Appeal to District Court 1
`An appeal lies to a District Court from a decision of the Magistrates 2
Court, but only on a question of law. 3
`PART 7--MISCELLANEOUS PROVISIONS 4
`Division 1--Evidentiary aids 5
`1193ZZN Application of div 1 6
`This division applies to a proceeding under or in relation to this chapter. 7
`1193ZZO Appointments and authority 8
`The following must be presumed unless a party to the proceeding, by 9
reasonable notice, requires proof of it-- 10
(a) the appointment of an authorised person; 11
(b) the power of an authorised person to do anything under this 12
chapter or chapter 15, part 5. 13
`1193ZZP Veterinary surgeon certificates 14
`A certificate purporting to be signed by a veterinary surgeon stating, or 15
to the effect, that a dog is of a breed or type mentioned in section 1193E(1) 16
is evidence that the dog is a restricted dog. 17
`1193ZZQ Other evidentiary aids 18
`(1) For applying section 111715 for the proceeding, a record of a local 19
government is taken to include-- 20
(a) a thing as follows given, issued, kept or made under this chapter 21
or chapter 15, part 5-- 22
15 Section 1117 (Evidentiary value of copies and certificates)
s 18 46 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
(i) an appointment; 1
(ii) a decision or record; 2
(iii) a restricted dog permit; 3
(iv) the local government's restricted dog register; 4
(v) a restricted dog declaration; 5
(vi) a proposed declaration notice, compliance notice or other 6
notice; 7
(vii) a destruction order; and 8
(b) another document kept under this Act; and 9
(c) a statement that on a stated day-- 10
(i) a stated person was given a stated decision, declaration, 11
notice or order; or 12
(ii) a stated requirement under this chapter or chapter 15, part 5, 13
was made of a stated person; and 14
(d) a statement that on a stated day, or during a stated period, a 15
restricted dog permit was or was not issued for a stated dog or a 16
stated place. 17
`(2) This section does not limit section 1117. 18
`Division 2--Other provisions 19
`1193ZZR Failure to decide application taken to be refusal 20
`If a local government does not decide a permit or renewal application 21
within the period required under part 3 for deciding the application, it is 22
taken to have been refused at the end of the period. 23
`1193ZZS Surrender of restricted dog 24
`(1) An owner of a restricted dog may surrender it to the relevant local 25
government. 26
`(2) On the surrender, the dog becomes the local government's property. 27
s 18 47 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(3) The local government must destroy the dog as soon as practicable 1
after the surrender. 2
`1193ZZT Defence for restricted dog owner 3
`It is a defence in a proceeding for an offence against this chapter 4
relating to a restricted dog against an owner of the dog for the owner to 5
prove-- 6
(a) another person also owns the dog or owned it when the act or 7
omission the subject of the proceeding happened; and 8
(b) the other owner has-- 9
(i) been convicted of the same offence or another offence 10
constituted by the act or omission; and 11
(ii) met or paid any penalty imposed for the conviction. 12
`1193ZZU Recovery of seizure or destruction costs 13
`(1) This section applies if a local government has incurred a cost for an 14
authorised officer appointed by it to-- 15
(a) take possession of, or move, a restricted dog that, under part 5, 16
division 3, or a local law, been seized (a "seized dog"); or 17
(b) take action to restrict access to a seized dog; or 18
(c) provide a seized dog with accommodation, food, rest, water or 19
other living conditions; or 20
(d) arrange veterinary or other treatment for a seized dog; or 21
(e) destroy a seized dog under section 1193ZZG. 22
`(2) The local government may recover the cost from the dog's owner or 23
former owner if the incurring of the cost was necessary and reasonable. 24
`(3) The cost may be claimed and ordered in a proceeding-- 25
(a) to recover a debt of the amount; or 26
(b) for an offence against this chapter to which the claim relates. 27
`(4) This section does not limit a court's powers under the Penalties and 28
Sentences Act 1992 or another law. 29
s 18 48 s 18
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193ZZV Payment of penalties for offences against ch 17A 1
`(1) This section applies-- 2
(a) if a court orders a person to pay a penalty for an offence against 3
this chapter; and 4
(b) despite section 107616 and the Acts Interpretation Act 1954, 5
section 43. 6
`(2) The court must also order the person to pay the penalty to a local 7
government decided by the court. 8
`1193ZZW Cost of restricted dog enclosure--dividing fence 9
`(1) This section applies if an enclosure, or proposed enclosure, for a 10
restricted dog is, or when built will be, a dividing fence under the Dividing 11
Fences Act 1953, in whole or part. 12
`(2) The liabilities and rights under the Dividing Fences Act 1953, or a 13
proposed order under that Act, of adjoining owners in relation to the fence 14
for the cost of building, altering, repairing, replacing or maintaining the 15
fence must be worked out as if-- 16
(a) there is not, and will not be, any restricted dog in the enclosure; 17
and 18
(b) the requirements of this chapter relating to the enclosure do not 19
apply. 20
`(3) If the fence is, or is proposed to be, built by a person who leases the 21
place for which the relevant restricted dog permit is granted, or is to be 22
granted-- 23
(a) the Dividing Fences Act 1953, section 20, does not apply; and 24
(b) the Residential Tenancies Act 1994, chapter 3, part 5, division 1, 25
applies.17 26
16 Section 1076 (Fines)
17 Dividing Fences Act 1953 section 20 (Apportionment of contribution between
owner and lessee). Residential Tenancies Act 1994, chapter 3, part 5, division 1
(Fixtures and structural changes).
s 19 49 s 19
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`1193ZZX Chapter does not affect other rights or remedies 1
`(1) Subject to section 1193ZZW, this chapter does not limit a civil right 2
or remedy that exists apart from this Act, whether at common law or 3
otherwise. 4
`(2) Without limiting subsection (1), compliance with this chapter does 5
not necessarily show that a civil obligation that exists apart from this 6
chapter has been satisfied or has not been breached.'. 7
19 Insertion of new ch 19, pt 7, and schedule
Clause 8
After section 1268-- 9
insert-- 10
`PART 7--TRANSITIONAL PROVISIONS FOR LOCAL 11
GOVERNMENT AND OTHER LEGISLATION 12
AMENDMENT ACT (NO. 2) 2001 13
`1269 Application to Brisbane City Council 14
`This part applies to the Brisbane City Council. 15
`1270 Review of pre-existing local laws 16
`(1) A local government may review its local laws and subordinate local 17
laws in force immediately before the enactment of the Local Government 18
and Other Legislation Amendment Act (No. 2) 2001 ("pre-existing laws") 19
to identify any provision of the pre-existing laws that should be repealed 20
because of the enactment of chapter 17A (a "redundant provision").18 21
`(2) If the local government decides a pre-existing law contains a 22
redundant provision, it must, by resolution, make the following (the 23
"repealing law")-- 24
(a) if the pre-existing law is a local law--a local law repealing the 25
provision; 26
(b) if the pre-existing law is a subordinate local law--a subordinate 27
local law repealing the provision. 28
18 See section 1193D (Relationship with local laws).
s 19 50 s 19
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
`(3) The repealing law must fix a day (the "repeal day") for the repeal to 1
take effect. 2
`(4) The local government must, as soon as practicable after making the 3
repealing law-- 4
(a) publish notice of it in the gazette; and 5
(b) give the Minister the number of certified copies of the repealing 6
law decided by the Minister. 7
`(5) The notice must identify the redundant provision to be repealed and 8
state the following-- 9
(a) the local government's name; 10
(b) the name of the repealing law and the relevant pre-existing local 11
law; 12
(c) the day the repealing law was made; 13
(d) the repeal day. 14
`(6) The redundant provision to be repealed is repealed on the later of the 15
following days-- 16
(a) the day the notice is gazetted; 17
(b) the repeal day. 18
`(7) Chapter 12, part 2 does not apply to a repeal under this section. 19
`1271 Expiry of pt 7 20
`This part expires 4 months after it commences. 21
`SCHEDULE 22
`DICTIONARY 23
section 3'. 24
s 20 51 s 21
Local Government and Other Legislation Amendment
Bill (No. 2) 2001
PART 3--AMENDMENT OF QUEENSLAND TREASURY 1
CORPORATION ACT 1988 2
20 Act amended in pt 3
Clause 3
This part amends the Queensland Treasury Corporation Act 1988. 4
21 Replacement of s 19AAA (Division does not apply to local
Clause 5
governments) 6
Section 19AAA-- 7
omit, insert-- 8
`19AAA Division does not apply to local governments or local 9
government owned corporations 10
`This division does not apply to a local government or local government 11
owned corporation within the meaning of the Local Government Act 1993.'. 12
13
© State of Queensland 2001
[Index] [Search] [Download] [Related Items] [Help]