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Animal Management (Cats and Dogs) Bill 2008
Animal Management (Cats and Dogs) Bill
2008
Explanatory Notes
Introduction
There is an increasing level of community concern about the number of
unwanted cats and dogs euthanased each year in Queensland.
In December 2007, an independent expert was engaged to provide
recommendations to address high euthanasia rates. In February 2008, the
expert presented the Review of Strategies for Effectively Managing
Unwanted Dogs and Cats in Queensland (the Report) to the Minister for
Primary Industries and Fisheries.
The Report highlighted the following issues:
· microchipping should be introduced as a mandatory form of
identification;
· mandatory tattooing of desexed animals should be introduced;
· animal management matters should be integrated into one
State-wide legislative framework; and
· legislation must be enforceable.
The Animal Management (Cats and Dogs) Bill 2008 (the Bill) represents
the second phase of a two phase strategy for responsible companion animal
management in Queensland.
The first phase of the strategy involved three elements: a coordinated
public education campaign on responsible pet ownership; a voluntary Code
of Practice for pet shops setting standards for the care and management of
animals at point of sale; and a two-year pilot study by four local
governments of methods to increase the desexing rate of cats and dogs in
these areas, with a view to establishing a State-wide approach.
To complement the first phase, the Bill is discrete legislation that provides
a consistent State-wide regulatory framework for the effective management
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Animal Management (Cats and Dogs) Bill 2008
of cats and dogs. The Bill, along with proposed subordinate legislation,
proposes to consolidate relevant State and local laws regulating restricted,
dangerous and menacing dogs, and introduce State-wide legislation for
registering and microchipping cats and dogs. Currently, the regulatory
system is administered by a combination of State legislation and local
government animal management laws.
Short title of the Bill
The short title of the Bill is Animal Management (Cats and Dogs) Bill
2008.
Objectives of the Bill
The policy objective of the Bill is to provide a consolidated uniform,
State-wide legislative framework for the effective animal management of
cats and dogs by:
· introducing mandatory registration and microchipping of cats
and dogs and ear tattooing of desexed cats and dogs;
· identifying and controlling regulated dogs (dangerous, menacing
and restricted dogs) to minimise the risk to community health
and safety, balanced with the rights of the individual;
· enhancing local governments' monitoring and enforcement
powers;
· relocating chapter 17A (the restricted dogs provisions) from the
Local Government Act 1993 (LGA) to the Bill to provide a
discrete and easily accessible legislative framework for
companion animal management in Queensland; and
· minor consequential amendments to the City of Brisbane Act
1924 and the LGA.
The Bill amends the Local Government Act 1993 to ensure that the
caretaker provision for a local government election does not apply during
by-elections.
How objectives are achieved
The Bill achieves the main policy objectives through the following means.
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Animal Management (Cats and Dogs) Bill 2008
Compulsory microchipping
Permanent microchipping identification is an effective way of reuniting
lost cats and dogs with their owners. Facilitating the reunion of owners and
their animals will contribute to reduced euthanasia rates.
The Bill provides for compulsory microchipping (by regulated implanters)
of cats and dogs before 12 weeks of age or at transfer of ownership.
Exempt animals include government authority dogs, working dogs and
further classes of animals prescribed under a regulation.
The Bill provides for the licensing of permanent identification device
registries (PID registries) to ensure that microchip information is available
24 hours a day, is handled securely and is shared with all other licensed
PID registries.
Each microchip holds a unique number that will be identified with an
animal post implantation. PID registries will maintain an electronic register
of microchip numbers and identifying details of the animal associated with
that number. PID registries hold Australia-wide information: if an owner is
separated from an animal in, for example, Townsville, but the animal is
registered in a different local government area, the Townsville City Council
will not hold information about the animal. However, the council will be
able to contact any licensed PID registry to obtain the animal's details.
When this system is in place, the animal will have a much better chance of
being reunited with its owner.
Compulsory registration of cats and dogs
The Bill provides for the compulsory registration of cats and dogs 12
weeks of age and older. Exempt animals include government authority
dogs; working dogs and further classes of animals that are prescribed under
a regulation.
The Bill proposes that the duration of registration be specified by a local
law to provide local governments with the requisite flexibility to meet local
needs. Local governments must ensure that registration fees (to be fixed by
a resolution of the relevant local government) provide an incentive for
desexing animals.
Registration of cats and dogs will enable local governments to develop a
better idea of animal ownership in their areas, thus allowing them to plan
for initiatives such as responsible animal ownership education programs
and appropriate local laws for animal control.
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Animal Management (Cats and Dogs) Bill 2008
Each local government will be required to maintain registers for cats and
dogs generally and for regulated dogs (restricted, dangerous and menacing
dogs). The Bill also provides for the State government to introduce and
maintain a State-wide register for regulated dogs. After the State register is
introduced, local governments will no longer be required to maintain
regulated dog registers. However, they will be required to provide
information for the State register and will have access to that register. This
will enhance public safety through improved State-wide control of
regulated animals.
Tattooing of desexed animals
This Bill does not provide for mandatory desexing of cats and dogs.
However, ear tattooing enables a non-invasive determination of an animal's
reproductive status. In the interests of animal health, the Bill requires
mandatory ear tattooing, under veterinary supervision, of cats and dogs at
the time of desexing if the owner chooses to desex the animal. It will be an
offence for both owners and veterinary surgeons to fail to ensure that an
animal is tattooed at the time of desexing. Exemptions are provided if
tattooing is likely to threaten the animal's health and for show animals.
Regulated dogs
The Bill provides for dogs that are of a restricted breed or that have shown
various forms of aggression. Regulated dogs are divided into three
categories menacing, dangerous and restricted. To ensure consistency
with Commonwealth legislation and the legislation of other States and
territories, the definition of restricted dogs, under this legislation, will no
longer include cross-breeds.
Currently, local governments have the power to prohibit keeping certain
dogs (purebred/crossbreeds) in their local government areas. This power
will not be impacted by this legislation.
Aggressive behaviours in dogs
To better manage the risks of an escalation of aggressive behaviour by a
dog, the Bill provides for local governments to identify and declare two
categories of aggressive behaviour in dogs menacing and dangerous.
A menacing dog is defined as a dog that has attacked, or acted in a way that
causes fear to, a person or another animal or may, in the opinion of an
authorised person having regard to the way the dog has behaved, be likely
to do so.
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Animal Management (Cats and Dogs) Bill 2008
A dangerous dog is defined as a dog that has seriously attacked, or acted in
a way that causes fear to, a person or another animal or, in the opinion of an
authorised person having regard to the way the dog has behaved, is likely to
do so. A serious attack means an attack causing death, grievous bodily
harm or bodily harm.
To provide jurisdictional consistency, a dangerous dog declared in one
local government jurisdiction is deemed to be a dangerous dog in all local
government jurisdictions. The same applies to a dog declared under a
corresponding law of another State or territory.
Keeping conditions for regulated dogs
The Bill provides for keeping conditions for regulated dogs that largely
reflect those currently provided for in the LGA. Owners of all regulated
dogs (restricted, dangerous and menacing) will be required to:
· keep the dog under effective control in public, including physical
control of the dog (restraint with an appropriate leash or
appropriately tethering the dog to an object with supervision);
· keep the dog in a prescribed enclosure;
· place a prescribed sign near each entrance to where the regulated
dog is usually kept;
· ensure the dog is usually kept at the address that is identified on
the permit or declaration; and
· ensure the dog is microchipped.
Owners of dangerous and restricted dogs will be required to meet the
following additional conditions:
· compulsory desexing within three months of the dog being
declared as a restricted or dangerous dog, or a restricted dog
permit being issued;
· muzzling when the dog is in a public place; and
· the use of prescribed collars and tags identifying the dog as
dangerous or restricted.
Monitoring and enforcement
The Bill provides for a chief executive officer of a local government to
appoint authorised persons, and for an authorised person to be declared a
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Animal Management (Cats and Dogs) Bill 2008
public official under the Police Powers and Responsibilities Act 2000
(PPRA).
This enables the authorised person, acting as a 'public official', to request
that a police officer assist that person or another authorised person in
exercising powers of entry and seizure.
Appeals and reviews against decisions of local governments regarding
regulated dogs
When a local government makes a decision about a cat or dog under this
Bill, an applicant may lodge a review application with the local
government within 14 days of the applicant being given the original
decision.
When the chief executive of the administering department makes a decision
about a licence or an implanter under this Bill, an applicant may lodge a
PID review application with the chief executive within 14 days of the
applicant being given the original decision.
A review will not automatically stay a decision but the applicant may apply
to the Magistrate's Court for a stay.
Within 20 days of receiving the review application, the chief executive
officer of the relevant local government or the chief executive must make a
review decision. If no notification is received within the required
timeframe it is deemed to confirm the original decision.
Transitional provisions
The Bill will not operate retrospectively. Animals that are 12 weeks or
older at the time the Bill commences will not be required to be
microchipped, unless and until their ownership changes. Animals that are
desexed before the commencement of the Bill will not be required to have a
tattoo indicating that they have been desexed.
Dogs that are declared to be restricted dogs or issued restricted dog permits
under the LGA before the commencement of this Bill will be taken to be
declared restricted dogs or have restricted dog permits under this Bill.
Greyhounds
The Bill includes a provision that local governments cannot require that a
greyhound be muzzled when in a public place if the dog has undergone
Greyhound Queensland's Greyhound Adoption Program (GAP) training.
Under GAP greyhounds are microchipped, desexed, and obedience trained.
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Animal Management (Cats and Dogs) Bill 2008
After completion, they wear specially designed collars to indicate that they
have undergone the program and been certified.
A number of local governments have already introduced exemptions from
muzzling for GAP-trained greyhounds.
Commencement
Existing provisions regarding restricted dogs relocated from the LGA into
the Bill will come into force at the same time for all local government
areas. This will avoid a break in the application of the legislation when it is
transferred from one legislative instrument to another.
Because the provisions relating to restricted dogs are closely linked with
those for dangerous and menacing dogs, it has been decided to commence
all provisions at the same time. Chapter 17A of the LGA will be repealed
simultaneously.
The Bill proposes that provisions dealing with dangerous and menacing
dogs will come into force for all local government areas from 1 July 2009.
Current local laws will remain in force until then, but sections relating to
dangerous dogs in local laws will become obsolete when the Bill comes
into force.
The Bill proposes that provisions relating to compulsory registration,
microchipping and tattooing be introduced progressively across the State,
commencing on 1 July 2009 for South East Queensland (SEQ) councils.
Implementation dates for other local governments will be declared by
proclamation following consultation. This will permit time for the
development of necessary infrastructure and training to support the
changes.
Caretaker provisions during local government by-elections
The Bill proposes to amend Chapter 5, Part 9, Division 6 of the Local
Government Act 1993 to ensure that the caretaker provision for a local
government election does not apply during by-elections and alleviate the
potential situation where both State Government and a local government
are simultaneously subject to caretaker conventions or provisions.
Alternative method of achieving the policy objectives
A uniform State-wide legislative framework for the effective management
of cats and dogs can only be achieved through primary legislation.
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Animal Management (Cats and Dogs) Bill 2008
Consistency
The Bill provides for a chief executive officer of a local government to
appoint authorised persons and for an authorised person to be declared a
public official under the PPRA.
Declaration as a public official under the PPRA enables the authorised
person to request that a police officer assist that person or another
authorised person in exercising powers of entry and seizure. In giving this
assistance, a police officer is taken to have responded to a request by a
public official under section 16(3) of the PPRA.
This reflects the current legislation with regard to restricted dogs under the
LGA chapter 17A.
Estimated cost for Government implementation
The Bill requires each local government to maintain registers for cats and
dogs generally and restricted dogs for each local government area, and
maintain records for dangerous and menacing dogs. The costs involved will
be met by the relevant local government.
The Bill proposes that the State government will introduce a State-wide
register of regulated dogs as soon as possible. The register will be
populated by the local governments' restricted dogs registers and their
records of dangerous and menacing dogs. The information will be updated
by the local governments as new information becomes available. It is
proposed that implementation costs will be met within the current budget
of the Department of Local Government, Sport and Recreation (DLGSR).
It is predicted that the regulated dog register will cost $20,000 in the year it
is set up and $2,000 annually to maintain the register. DLGSR proposes
that ongoing maintenance costs be covered by charging local governments
a percentage of their regulated dog registration fees (proposed to be $3 per
dog).
Consistency with Fundamental Legislative Principles
The Bill raises the following issues relevant to fundamental legislative
principles:
(a) Rights and liberties of individuals (Legislative Standards Act 1992
section 4(2)(a))
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Animal Management (Cats and Dogs) Bill 2008
The Bill imposes significant obligations on the keeper of a regulated
dog. However, as the keeping conditions largely reflect those currently
provided for in the LGA, and given the potential for regulated dogs to
inflict serious injury upon people or animals, the obligations are
considered appropriate on balance between individual and community
interests.
Prohibitions and restrictions on the sale and breeding of restricted
dogs are considered to interfere with the proprietary rights and
commercial interest of a person who currently owns or breeds
restricted dogs. Prohibition of breeding and sale of restricted dogs
currently exists in the LGA.
The prohibition on breeding and supply of declared dangerous dogs is
designed to achieve a reduction in the population of these dogs.
These provisions are considered necessary in order to provide a means
of controlling existing dogs, whilst progressing toward the ultimate
aim of a reduction in populations of declared dangerous and restricted
dogs in the State.
The Bill provides for the review of local governments decisions
regarding the declaration of a regulated dog. A review will not
automatically stay a decision but the applicant may apply to the
Magistrate's Court, after which the decision may be stayed until
completion of the review and appeal process.
The chief executive officer of the relevant local government must
make a decision within 20 days of receiving the review application.
To ensure natural justice, the review application cannot be dealt with
by the person who made the original decision or by an officer in an
equivalent or lesser position to the person who made the original
decision.
(b) Rights and liberties of individuals (Legislative Standards Act 1992
section 4(2)(a))
The Bill provides that a local government may declare a dog to be a
restricted dog based on an expert opinion from a veterinary surgeon
about the breed of the dog. If this method is used, the owner of the
dog is unable to have the decision reviewed and subsequently appeal
against the review decision through chapter 8 (Reviews and appeals)
of the Bill. If a local government does not obtain an expert opinion,
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Animal Management (Cats and Dogs) Bill 2008
the owner may have the decision reviewed and subsequently appeal
against the review decision within a certain timeframe.
Whether legislation has sufficient regard to the rights and liberties of
individuals rests on whether the legislation makes rights and liberties,
or obligations, dependent on administrative power only if the power is
sufficiently defined and subject to appropriate review.
This provision currently exists under the LGA.
If a local government has relied upon the professional expertise of a
veterinary surgeon in making its decision, the same right of appeal is
not considered appropriate. However, in these circumstances an
owner could seek a review of the decision under the Judicial Review
Act 1991. In addition, the council will have to give the owner the right
to respond to its assessment before a declaration is made. This
provides an opportunity for an owner to demonstrate that the dog is
not a restricted dog.
(c) Powers of entry (Legislative Standards Act 1992 section 4(3)(e))
The Bill has sufficient regard to the principle that the power to enter
premises should generally be permitted only with the occupier's
consent or under a warrant issued by a judge or magistrate.
The Bill provides powers of entry to authorised persons (clause 111
(General power to enter places) to investigate offences without the
occupier's agreement or without a warrant. The exercise of this power
is restricted to entering a public place when it is open to the public or
to enable an authorised person to ask for the occupier's agreement to
enter the land or a building or a structure on the land.
The Bill also enables an authorised person to enter a building or other
structure used for residential purposes to monitor authorisations,
notices and to process applications without a warrant but only if the
authorised person is accompanied by the occupier or if the occupier
has been given reasonable notice of the authorised person's intention
to enter and the occupier is unavailable or unwilling to accompany the
authorised person.
The Bill also provides powers of entry to authorised persons without a
warrant under an approved inspection program but only following the
giving of an appropriate notice of the inspection program provided for
under the Bill. The power does not extend to a building or structure
used for residential purposes.
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Animal Management (Cats and Dogs) Bill 2008
(d) Powers of seizure (Legislative Standards Act 1992 section 4(3)(e))
The Bill has sufficient regard to the principle that the power to enter
premises to seize property should generally be permitted only with the
occupier's consent or under a warrant issued by a judge or magistrate.
Clause 112 (Additional entry powers for particular dogs) and clause
125 (Seizure powers for dogs) give an authorised person power under
certain circumstances to enter a place without a warrant and seize a
dog. Provisions that confer power to enter premises and search for or
seize property without a warrant may depart from fundamental
legislative principles. However, these powers are necessary to ensure
the legislation is enforced and to protect the public from dogs which
demonstrate a risk to community health and safety.
In exercising the power to enter a place an authorised person may use
necessary and reasonable force (under specified circumstances). This
ability currently exists under s 1105 of the LGA.
The Bill provides powers for authorised persons, under certain
circumstances, to enter a place without a warrant and seize a dog.
This is a significant departure from fundamental legislative principles
particularly as these powers extend to residential property. They are
however not unprecedented, given chapter 17A of the LGA currently
contains similar provisions.
The Bill's entry and seizure powers also contain appropriate checks
and balances, including:
· entry and seizure limited to specific circumstances;
· procedural requirements must be maintained and followed,
such as producing an identity card, telling the occupier the
purpose of the entry and advising that it is permitted without
the occupier's consent or a warrant under specific
circumstances; and
· a receipt for seized dogs is produced.
Similarly, the seizure and destruction powers under this Bill are
necessary for the enforcement of the regulatory framework in the
interests of public health and safety. The circumstances in which these
powers may be exercised relate primarily to incidents of
non-compliance with keeping conditions for regulated dogs or where
there is an immanent risk to community health and safety.
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Animal Management (Cats and Dogs) Bill 2008
(e) Immunity from proceedings (Legislative Standards Act 1992 section
4(3)(h))
The Bill confers immunity from proceeding or prosecution without
adequate justification.
The Bill provides protection from civil and criminal liability to a
person who has complied with clause 40 (Operator must ensure cat or
dog is scanned) and deals with a cat or dog in a way that is adverse to
the owner. This protection only applies if the person does not know
who the owner is.
This provision is considered necessary to protect pound and shelter
staff from civil and criminal liability should an animal be scanned, no
microchip located, the owner unable to be identified and the cat or dog
then on-sold (as it was considered ownerless).
Under the Bill an operator must ensure that the animal is scanned
within three days of entry to the pound or shelter, or that scanning the
animal would endanger the health of anyone attempting to scan the
animal before protection from civil and criminal liability applies.
For a person to not be criminally liable for doing an act, in relation to
the cat or dog, the act or omission could lawfully have been done or
omitted by the owner. This ensures that criminal protection is not
provided should the person have acted in a way that an owner could
not act.
This ensures that a person who acts without negligence in their duties
is protected. Given the limited nature of the protection and the
necessary compliance under clause 40 there is considered adequate
justification for this provision.
(f) Rights or liberties, or obligations dependant on administrative power
(Legislative Standards Act 1992 section 4(3)(a))
The Bill makes rights or liberties, or obligations, dependant on
administrative power.
Clause 132 (Power to give compliance notice) gives a local
government authorised person power to issue compliance notices
where non-compliance with the requirements of chapter 4 (Regulated
dogs) is reasonably suspected. Whether legislation has sufficient
regard to the rights and liberties of individuals depends on whether the
legislation makes rights and liberties, or obligations, dependent on
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Animal Management (Cats and Dogs) Bill 2008
administrative power only if the power is sufficiently defined and
subject to appropriate review.
While an owner of a regulated dog may not have the decision to issue
a compliance notice reviewed or appealed under chapter 8 (Reviews
and appeals) of this Bill, a 'reasonable excuse' defence against
non-compliance with the notice is provided in clause 134 (Failure to
comply with notice).
There may be circumstances where immediate action by an owner of,
or responsible person for, a regulated dog is needed in the interests of
public health and safety. In this regard, the use of compliance notices
provides an effective enforcement tool. Provision of review and appeal
rights in such circumstances would not achieve the desired outcome.
(g) Acquisition of property (Legislative Standards Act 1992 section
4(3)(a))
The Bill provides for the acquisition of property without
compensation.
Under clause 142, compensation cannot be claimed or ordered to be
paid for loss or expense caused by the seizure or destruction of a
regulated dog. Legislation that does not provide fair compensation for
the compulsory acquisition of property may offend fundamental
legislative principles.
The seizure and destruction powers under chapter 5 (Investigation,
monitoring and enforcement) of the Bill are necessary for the
enforcement of the regulatory framework in the interests of public
health and safety. The circumstances in which these powers may be
exercised relate primarily to incidents of non-compliance with the
requirements about regulated dogs in chapter 4 (Regulated dogs) or
where there is a risk to community health and safety. Providing
compensation to owners in these circumstances is not considered
appropriate.
(h) Is inconsistent with principles of natural justice (Legislative Standards
Act 1992 section 4(3)(b))
The Bill provides for the immediate suspension of an authorised
implanter, which is not considered to be consistent with the principles
of natural justice.
Clause 28 gives the chief executive the ability to suspend an
authorised implanter immediately if the grounds exist to suspend or
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Animal Management (Cats and Dogs) Bill 2008
prohibit a person from implanting PPIDs and it is necessary to
suspend the person immediately because there is an immediate and
serious harm to the effectiveness of the identification of cats and dogs.
The Bill also provides for the immediate suspension of PID registry
licensees, which is not considered to be consistent with the principles
of natural justice.
Clause 160 gives the chief executive the ability to suspend a licence
immediately if the grounds exist to suspend or cancel the licence and
it is necessary to suspend the person immediately because there is an
immediate and serious harm to the effectiveness of the identification
of cats and dogs.
While the authorised implanter and the licensee may be suspended
immediately the chief executive will provide the implanter or licensee
with a show cause notice and the implanter or licensee may make
written representations about the show cause notice to the chief
executive in the period provided. The chief executive can cancel the
remaining period of the suspension.
There may be circumstances where immediate action by a chief
executive is in the interest of the health of animals and to ensure the
integrity of the PID system.
(i) Reversal of onus of proof (Legislative Standards Act 1992 section
4(3)(d))
The Bill provides that it is a defence for an owner in response to an
offence under chapter 4 of the Bill to prove that another person also
owns the dog (or owned the dog when the subject of the proceeding
happened) and the other owner has been convicted of the same offence
and paid the penalty imposed for the conviction. Legislation that
reverses the onus of proof in criminal proceedings without adequate
justification is considered to breach the fundamental legislative
principles.
It is considered that the reversal of the onus of proof is justified in this
instance as it requires information of which the defendant is well
positioned to provide evidence in the defence of, but would be
difficult for a local government to prove.
(j) Rights or liberties, or obligations dependant on administrative power
(Legislative Standards Act 1992 section 4(3)(a))
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Animal Management (Cats and Dogs) Bill 2008
The Bill provides for the establishment of registers to be kept by the
chief executive of the Department and the chief executive officer of
each local government.
A regulated dog registry kept by the chief executive of the Department
has restricted access. The persons able to access the regulated dog
registry are persons with a particular role in maintaining the integrity
of the register or who have a role in fulfilling the requirements of this
Act.
Each local government must keep its cat and dog registry open to
inspection, however, information about the owner of a cat or dog is not
open to public inspection.
The Bill does provide protection to the privacy of the owner
information in both instances and is seen to have sufficient regard to
the rights and liberties of persons named in the register.
Consultation
Community
Before the Animal Management (Cats and Dogs) Bill 2008 received
Cabinet Authority to Prepare, there was extensive public consultation about
the issue of unwanted cats and dogs. On 4 July 2007, the then Premier and
Minister for Trade released for public comment a paper titled Managing
unwanted cats and dogs.
The majority of the 5,300 responses received indicated dissatisfaction with
Queensland's system of dealing with unwanted cats and dogs, which had
failed to reduce the number of unwanted cats and dogs being euthanased.
The responses supported mandatory registration and identification of cats
and dogs and responsible pet ownership education.
Animal welfare stakeholders
Early in 2007, the Minister for Primary Industries and Fisheries requested
that a meeting be convened with animal welfare stakeholders to discuss
companion animal management issues.
Stakeholder representatives from the RSPCA, the Animal Welfare League,
the Canine Council of Australia, the Australian Veterinary Association, the
Local Government Association of Queensland, the Australian Pet Industry
Association and officers from the Department of Local Government, Sport
and Recreation and the Department of Primary Industries and Fisheries met
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Animal Management (Cats and Dogs) Bill 2008
and unanimously agreed that a Queensland Companion Animal
Management Group (QCAMG) be established, with a State-wide focus and
joint participation by stakeholders.
There was continuous consultation with QCAMG throughout the drafting
process, which provided ongoing commentary on the developing Bill
As one example, compulsory identification through micro-chipping cats
and dogs has been recognised by QCAMG members as an effective tool in
reuniting lost and found cats and dogs with their owners, thereby
contributing to reduced euthanasia rates.
Local governments
A consultation draft of the Bill was made available to key stakeholders in
forums across the State.
As part of the consultation process a letter was sent to all local
governments outlining the purpose of the Bill and providing a summary of
the drafting instructions. Feedback was received at consultation forums, by
telephone and by written submissions.
A number of face-to-face consultation sessions have also been held with
various councils.
Government agencies
All Departments have been consulted through the Cabinet Liaison and
Legislation Office network as part of the submission process. In addition,
individual agencies were consulted about particular aspects of the Bill,
including the Department of Justice and Attorney-General with regard to
penalty provisions and privacy issues, Disabilities Queensland with regard
to guide, hearing and assistance dogs and other agencies about government
authority dogs.
Government agencies and associated bodies in other States
The framework of the Bill was based to a large extent on the system already
in place in Victoria. However, before the decision was made to follow this
path, extensive examination of legislation in other States took place
together with telephone consultation with officers in government agencies
and relevant organisations.
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Animal Management (Cats and Dogs) Bill 2008
Chapter 1 Preliminary
Part 1 Introduction
Clause 1 - Short title
Clause 1 provides that the short title of this Bill is the Animal Management
(Cats and Dogs) Act 2008.
Clause 2 Commencement
Clause 2 provides that the Bill commences on 1 July 2009 except for
certain provisions in Chapter 7 (Registers) and section 227. Section 227
will commence on assent. The relevant Chapter 7 provisions will
commence on proclamation.
Part 2 Purposes and application of Act
Division 1 Purposes
Clause 3 Purposes of the Act
Clause 3 provides the purposes of the Bill. Outlining these purposes makes
clear to local governments and others the areas of cat and dog management
that the Bill does address and about which local laws may be made.
Clause 4 How purposes are to be primarily achieved
Clause 4 outlines the main areas of animal management about which the
Bill legislates to achieve its purpose.
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Animal Management (Cats and Dogs) Bill 2008
Division 2 Application
Clause 5 Act binds all persons
Clause 5 provides that the Bill applies to everyone within the jurisdiction of
Queensland legislation.
The Commonwealth or the State can not be prosecuted for an offence
against this Bill.
Clause 6 Relationship of Act with local laws
Clause 6(1) provides that this Bill does not prevent a local government
making a local law (including a subordinate local law) imposing
requirements in relation to cats and dogs generally. However, if this Bill
and a local law are inconsistent, the local law will be invalid to the extent of
the inconsistency.
Subclause (2) provides that a local government may make a local law
prohibiting anyone in their local government area from possessing
particular breeds, or crossbreeds. For the purposes of clarity it should be
noted that if, in the making of such a local law, a local government provides
an exception from a breed prohibition (for example to exempt compliance
for older animals) and the exempt animal is also captured by the definition
of a restricted or dangerous or menacing dog, then the relevant provisions
in this bill will still apply to the animal in spite of the local law.
Subclause (4) indicates the clause applies to both existing local laws and
those that are made after this clause comes into force.
Clause 7 Act does not affect other rights or remedies
Clause 7 provides that, subject to clause 41 and clause 103, the Bill does
not limit a civil right or remedy available outside of the Bill and that
compliance with the chapter does not necessarily indicate satisfaction or
breach of a civil obligation outside the Bill.
Subclause (3) provides that a breach of an obligation under the Bill does
not in itself give rise to a cause of action under statute or common law.
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Animal Management (Cats and Dogs) Bill 2008
Part 3 Interpretation
Division 1 Dictionary
Clause 8 Definitions
Clause 8 refers to the dictionary contained in schedule 2 in which particular
words and phrases used in the Bill are defined.
Division 2 Key definitions
Clause 9 Who is an owner of a cat or dog
Clause 9(1) outlines who is the owner of a cat or dog for the purposes of the
Bill, including the registered owner, the person whose property it is, a
person who usually keeps it, and the parent or guardian of an owner who is
a minor.
Subclause (2) provides that for the purposes of subclause (1)(c) a person
does not 'usually keep' an animal merely because the person lives
somewhere at which an animal is kept by another adult or if the person
keeps the animal while acting as an employee and acting within the scope
of his or her employment.
Under clause 9(3), a person who owns a female animal that has kittens or
puppies, the person is taken to be the offspring's owner immediately after
birth.
Clause 10 Who is a responsible person for a dog
Clause 10(1) provides that a person is a responsible person for a dog if the
person (or an employee acting within the scope of their employment) has
immediate control or custody of the dog; or if they are the parent or
guardian of a minor who has immediate control or custody of the dog; or if
they occupy the place at which the dog is usually kept.
Subclause (2) provides circumstances where a person may not be a
responsible person for the dog.
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Animal Management (Cats and Dogs) Bill 2008
This definition is crucial to ensuring that dog provisions are enforced fairly.
The concept of a responsible person is to reflect the time-sensitive nature of
relevant dog offences such as dog attacks. A dog could be owned by a
person but under the control of another person when the dog attacks.
Unless this person has a reasonable excuse, the responsible person will be
prosecuted for the dog offence.
Clause 11 What is a cat or dog
Clause 11 defines 'cat' and 'dog'.
Clause 12 Identification devices under Act
Clause 12 defines a permanent identification device (PID) as a microchip
or other electronic device which is capable of being permanently implanted
into a cat or dog and is designed to record information in a way that can be
electronically retrieved.
The definition also defines a prescribed permanent identification device
(PPID) as a PID that complies with the requirements of a regulation
To ensure the legislation continues to remain in line with technological
advances, the term 'permanent identification devices' or 'PIDs' has been
used. This term refers to a microchip or other electronic device capable of
being implanted into an animal and designed to record information in a
way that can be electronically retrieved.
A registration device is a device that is decided under a resolution of a
relevant local government to assist in identifying a cat or dog. The main
registration device is expected to be a registration tag issued to registered
cats and dogs.
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Animal Management (Cats and Dogs) Bill 2008
Chapter 2 Identification of cats and
dogs
Part 1 Prescribed permanent
identification devices
Division 1 Obligation on supplier or owner of cat
or dog
Clause 13 Supplier must ensure cat or dog is implanted
Clause 13(1) provides that a person supplying (by sale or other means, as
defined in the dictionary) a cat or dog to another person must ensure it is
implanted with a prescribed permanent identification device (PPID) before
the change of ownership and it is an offence not to do so.
This ensures that a cat or dog is microchipped prior to changing ownership
as this is a period with a high incidence of cats and dogs becoming lost and
requiring reunification with the new owner.
Subclause (2) provides defences against prosecution for an offence under
subclause (1).
Subclause (3) provides that, for the purposes of subclause (1), a cat or dog
does not include an animal held under the Animal Care and Protection Act
2001.
Clause 14 Owner must ensure cat or dog is implanted
Clause 14(1) provides that a person who is or becomes the owner of a cat or
dog that is not implanted with a PPID must ensure that a PPID is implanted
before the cat or dog is 12 weeks old. However if the cat or dog is 12
weeks or older on commencement of clause 14, the cat or dog need not be
implanted with a PPID unless the cat or dog is supplied.
Subclause (2) provides defences against prosecution for an offence under
subclause (1).
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Animal Management (Cats and Dogs) Bill 2008
Clause 15 Notice of changed identifying information
Clause 15 provides for situations in which the identifying information
about an animal changes.
Subclause (2) requires the owner to give written notice of the change to the
relevant local government within seven days of the change, unless they
have a reasonable excuse.
Subclause (3) requires the chief executive officer of the relevant local
government to update the local government's register within seven days of
receiving the information.
Clause 16 Notice of changed PID information
Clause 16 provides for situations in which the identifying information
about an animal changes.
Subclause (2) requires the owner to give written notice of the change to a
PID licence holder within seven days of the change unless the owner has a
reasonable excuse.
The time period to advise a change of identifying information is short, but
this information is crucial to the system supported by the Bill for returning
lost animals to their owners. Moving house or changing owners is the time
when animals are most likely to go missing and having the most recent
information on record is particularly important. Unless the owners can be
found as quickly as possible, the animals may be deemed 'unable to be
returned' and destroyed.
Division 2 Supplying PIDs
Clause 17 PID that is not PPID must not be supplied
Clause 17 provides that it is an offence for a person to supply a permanent
identification device that is not a prescribed permanent identification
device. The maximum penalty is 60 penalty units.
This ensures that all PIDs that are supplied to authorised implanters meet
the PID requirements set out under the regulation.
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Animal Management (Cats and Dogs) Bill 2008
Clause 18 Seller must not supply PPID other than to
authorised implanter
Clause 18 provides that it is an offence for a seller (a person selling or
supplying a PPID) to sell or supply a PPID to a person other than an
authorised implanter. This is to ensure that only authorised implanters have
access to PPIDs. Maximum penalty is 20 penalty units.
Clause 19 Seller must give PID number to authorised
implanter
Clause 19 provides that it is an offence for a seller not to give the
authorised implanter to whom the seller has supplied PPIDs the PID
numbers associated with the PPIDs within seven days of a sale.
Clause 20 Seller must give PID number to licence holder
Clause 20 makes it an offence for a seller or supplier of a PPID to not give
the name and address of the implanter and the unique PID number to all
registry licence holders within seven days of a sale.
This linking provision ensures that the PID number is tracked throughout
the process. This is to assist in ensuring that animals can be returned to
their owners (via the implanter) should the animal go missing before the
implanter has provided the details to the licensed animal register.
Maximum penalty is 20 penalty units.
Division 3 Implanting PIDs
Subdivision 1 General restriction
Clause 21 Only authorised implanter may implant PPID
Clause 21 provides that a person must not implant a PPID in an animal
unless the person is an authorised implanter. Maximum penalty is 100
penalty units.
To protect an animal's health and well-being only authorised implanters
may implant a microchip into an animal. To be authorised, an implanter
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Animal Management (Cats and Dogs) Bill 2008
must meet the definition prescribed in schedule 2 and must not be
prohibited from implanting under clauses 27 and 28.
A qualified implanter may be prohibited from implanting if the chief
executive reasonably believes there are grounds to prohibit the person from
implanting PPIDs in animals (for example, if the implanter fails to comply
with the conditions set out under this Act).
Subdivision 2 Requirements for authorised
implanters
Clause 22 PID that is not PPID must not be implanted
Clause 22 makes it an offence for an authorised implanter to implant a PID
that is not a PPID. Maximum penalty is 60 penalty units. The
specifications for PPIDs will be prescribed under a regulation.
This clause ensures the use of quality PIDs that can be read by all scanning
devices.
Clause 23 Requirements for PPID
Clause 23 provides that it is an offence for an authorised implanter not to
ensure a PPID stores a record of the PID number and complies with
requirements prescribed under a regulation. Maximum penalty is 40
penalty units.
Clause 24 Age Minimum age for cat or dog to be implanted
Clause 24 restricts the age at which a cat or dog can be implanted with a
PPID to 8 weeks or older unless the implanter has a reasonable excuse.
Maximum penalty is 60 penalty units. This limitation is designed to protect
the health of very young animals.
Clause 25 PID information must be given to licence holder
Clause 25 requires an authorised implanter, within seven days after
implanting a PPID in a cat or dog, to give the identifying information for
the cat or dog in question to a registry licence holder. Maximum penalty is
20 penalty units.
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Animal Management (Cats and Dogs) Bill 2008
This provision ensures that information held in the licensed PID registries
is as recent as possible to assist in reuniting lost cats and dogs with their
owners.
Clause 26 PID information must be kept
Clause 26 requires an authorised implanter to keep the information
supplied under clause 25 for 1 year after the PPID is implanted, unless they
have a reasonable excuse. Maximum penalty for non-compliance with this
provision is 20 penalty units.
Subclause (3) provides an example of a reasonable excuse for the purposes
of this clause.
Subdivision 3 Regulation of authorised implanters
Clause 27 Chief executive may suspend or prohibit
Clause 27 provides that the chief executive, provided that they reasonably
believe a ground under clause 28 exists, may prohibit an authorised
implanter from implanting PIDs in cats and dogs for a period of time, i.e.
suspend from implanting, or prohibit the authorised implanter from
implanting PIDs indefinitely.
Clause 28 Grounds for suspension or prohibition
Clause 28 provides that giving the chief executive or a licence holder false
or misleading information or a failure to comply with chapter 2, part 1 of
the Bill may be grounds to prohibit a person from implanting PIDs.
Clause 29 Show cause notice
Clause 29 provides that, if the chief executive believes grounds exist to
suspend or prohibit an authorised person from implanting, the chief
executive must issue a show cause notice to the person.
Subclause (2) outlines the information to be contained in a show cause
notice.
Subclause (3) requires the 'show cause' period to be a period of at least 21
days.
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Animal Management (Cats and Dogs) Bill 2008
Clause 30 Representations about show cause notice
Clause 30 allows a person issued a show cause notice to make written
representations to the chief executive within the show cause period to show
why the proposed action should not take place. The chief executive is
required to consider all representations presented in this way.
Clause 31 Ending show cause process without further action
Clause 31 provides that if, after considering all representations, the chief
executive no longer believes the grounds exist to suspend or prohibit the
person from implanting PIDs, the chief executive must not take any further
action about the show cause notice and must advise the person that no
further action will be taken.
Clause 32 Suspension or prohibition
Clause 32 applies if, after considering all representations, the chief
executive still believes the grounds exist to suspend or prohibit the person
from implanting PIDs, or the person has not provided any representations.
Subclause (2) provides that, if the chief executive believes action is
warranted, he or she may suspend the person from implanting for no longer
than the period that was stated in the show cause notice. Alternatively, if
the show cause notice proposed that the person be prohibited from
implanting, the chief executive may either introduce the prohibition or
suspend the person for a stated period.
The chief executive must immediately advise the person of his or her
decision by means of an information notice. The notice will take effect on
either the day the notice is given to the person or the date stated in the
information notice, whichever is later.
Clause 33 - Immediate suspension
Clause 33 provides circumstances in which the chief executive may
immediately suspend an implanter and the procedure for doing so.
The chief executive must give the person an information notice that
suspends the person immediately the notice is given. The suspension will
continue to operate for a maximum of 28 days, otherwise until the chief
executive cancels it or the show cause notice is dealt with.
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Animal Management (Cats and Dogs) Bill 2008
Division 4 Removing PIDs
Clause 34 PID must not be removed or otherwise interfered
with
Clause 34 provides that it is an offence for a person to remove or interfere
with an implanted PID unless the person is a veterinary surgeon and the
removal or interference is in the interests of protecting the cat or dog from a
serious risk to their health. Maximum penalty is 100 penalty units. This
clause is intended to protect the animal from harm and to guarantee the
animal's identity can be confirmed.
Division 5 PID registry services
Clause 35 Person must not offer or provide PID registry
service
Clause 35 provides that it is an offence for a person to offer or provide a
PID registry service unless the person is a registry licence holder.
Maximum penalty is 100 penalty units.
Licences can only be granted by the State Government through DLGSR.
Clause 36 Licence holder's obligations
Clause 36 provides that a registry licence holder must, for each cat or dog
for which the holder is providing a PID registry service, keep and maintain
the identifying information for the animal and a copy of that information.
Maximum penalty is 180 penalty units.
Subclause (2) provides that a license holder must, upon receiving notice of
changed information for a cat or dog, electronically update that information
within seven days.
The integrity of the microchipping system is dependent on the quality of
the identifying information held by the registry. Keeping a copy of the
registry database ensures the information is not lost in a case of computer
failure.
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Animal Management (Cats and Dogs) Bill 2008
Division 6 Giving identifying information
Clause 37 Authorised implanter may give identifying
information to particular persons
Clause 37 outlines the circumstances in which a person who has implanted
a PPID (the implanter) may give out identifying information for the cat or
dog to another person.
Releasing the information is acceptable only for the purposes of fulfilling
the requirements of this Bill and for reuniting the cat or dog with its owner.
The offence attracts a maximum penalty of 30 penalty units.
Clause 38 Licence holder may give identifying information to
particular persons
Clause 38 operates in much the same manner to clause 37, but with regard
to license holders providing a PID registry service.
Clause 39 Relevant local government may give identifying
information to particular persons
Clause 39 outlines the circumstances in which the relevant local
government can give out the identifying information. Releasing the
information is acceptable only for the purposes of fulfilling the
requirements of this Bill and for reuniting the cat or dog with its owner.
Unlike clauses 37 and 38, which operate in a similar manner, this clause
does not prescribe a penalty as it is an obligation on a local government and
non-compliance would leave a local government open to other
consequences such as legal action.
Division 7 Pound or shelter operators
Clause 40 Operator must ensure cat or dog is scanned
Clause 40 provides that it is an offence for a person operating a pound or
shelter not to ensure a cat or dog entering the pound or shelter is scanned
within three days of its entry to determine if the cat or dog is implanted
with a PID. Maximum penalty is 30 penalty units.
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Animal Management (Cats and Dogs) Bill 2008
Subclause (3) provides circumstances in which subclause (2) does not
apply.
Subclause (4) provides that for the purposes of this clause, the definition of
pound or shelter includes a veterinary surgery to the extent that it provides
shelter for lost, homeless or stray cats or dogs.
Clause 41 Protection of particular persons dealing with cat or
dog
Clause 41 provides that civil and criminal liability does not attach to
anyone who deals with a cat or dog in a way that is adverse to the owner if
the person scanned the cat or dog in the manner prescribed, or was unable
to scan the cat or dog due to circumstances prescribed in clause 40(3) and
no permanent identification device was identified. This protects pound and
shelter staff from civil and criminal liability should a cat or dog be scanned,
no microchip located, no owner identified and the cat or dog was then sold
(as it was considered ownerless).
For protection from criminal liability to apply the person must act in
relation to the cat or dog in a manner that could lawfully be done or omitted
to be done by the owner. This prevents the person having criminal
protection should they deal with the animal in an unlawful manner.
This is considered to breach the FLPs as a fundamental principle of the law
is that everyone is equal before the law, and that a person should be fully
liable for their acts or omissions.
An operator must comply with the conditions prescribed under clause 40 of
the Bill before protection from civil and criminal liability applies. This
ensures that a person who acts without negligence in their duties is
protected.
Part 2 Desexing tattoos
Clause 42 Desexed cat or dog must be tattooed
Clause 42 provides a maximum penalty of 20 penalty units if an owner
does not ensure their cat or dog is tattooed at the time it is desexed. It is
also an offence for a veterinary surgeon performing the desexing if they fail
to ensure the cat or dog is tattooed at time of desexing.
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Animal Management (Cats and Dogs) Bill 2008
The owner of a desexed cat or dog does not contravene clause 42(1) if the
cat or dog is, at the commencement of the Bill, not tattooed. This
exemption is explicitly stated in clause 215.
Subclause (3) provides exemptions that serve as a defence against
prosecution under this clause.
Subclause (4) provides the definition for show cat or dog for the purposes
of this clause.
Clause 43 Person must not tattoo an undesexed cat or dog
Clause 43 makes it an offence for a person to tattoo a cat or dog which has
not been desexed with the mark that it taken to indicate it is desexed.
Maximum penalty is 100 penalty units.
This prevents any person from desexing a cat or a dog to indicate that it is
desexed when the cat or dog has not undergone surgical removal of their
gonads with the result being that the cat or dog is permanently incapable of
reproducing.
Chapter 3 Registration
Part 1 Particular person's obligation
Clause 44 Registration obligation
Clause 44 prescribes a maximum penalty of 20 penalty units if an owner of
a cat or dog does not ensure the cat or dog is registered in the relevant local
government (the local government in whose area the cat or dog is usually
kept or proposed to be kept) within 14 days after starting to keep, or
becoming the owner of the cat or dog in the relevant local government area.
Subclause (3) provides that it is a defence against prosecution under this
clause if the dog is a government authority dog, if the dog is a working dog
or another class of cat or dog that may be prescribed under the regulation.
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Animal Management (Cats and Dogs) Bill 2008
Both government authority dog and working dog are defined in the
schedule 2 Dictionary.
Subclause (4) provides that, for the purposes of subclause (1), cats or dogs
that are less than 12 weeks old are not included.
Clause 45 Cat or dog must bear identification in particular
circumstances
Clause 45 provides a maximum penalty of 20 penalty units for a person
who, without reasonable excuse, keeps a registered cat or dog (other than a
regulated dog, see schedule 1 item 2) at a place other than the address
stated in the registration notice, without ensuring the cat or dog carries the
identification prescribed under a local law.
This ensures that a cat or dog wears identification as prescribed under the
relevant local government's local laws when not kept at the address stated
on the registration notice for the cat or dog.
Part 2 How cat or dog is registered
Clause 46 What owner must do
Clause 46 provides that to register a cat or dog the owner must lodge a
registration form (compliant with clause 47) for the cat or dog with the
relevant local government for the cat or dog, along with the registration fee
and if cat or dog is desexed a signed certificate from a veterinary surgeon
stating the animal's reproductive status (or other evidence thereof).
Clause 47 What registration form must state
Clause 47 prescribes the information which must be included in the
registration form.
Subsection (2) provides additional definitions for the purpose of this
clause.
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Animal Management (Cats and Dogs) Bill 2008
Clause 48 Chief executive officer may ask for further
information
Clause 48 provides that before registering the cat or dog, the chief
executive officer of the relevant local government may request further
information or documentation from the owner.
Information that can be requested is information the chief executive officer
reasonably requires to register the cat or dog. The owner will be provided a
period of at least 14 days to provide the requested information or
documentation to the chief executive officer.
Clause 49 Relevant local government must give registration
notice
Clause 49 applies if an owner has complied with clause 46 for the cat or
dog. It provides that within 14 days after a cat or dog has been registered
the relevant local government must give a registration notice to the owner.
The registration notice must be in writing stating the same information
required to be given on the registration form under clause 47, the period of
registration, any conditions, be accompanied by any prescribed registration
device for the cat or dog (for example, a tag) and include other information
prescribed by regulation.
This can be in the form of a receipt which contains the required
information and can be used as a record for the owner on their cat or dogs
registration.
Clause 50 Duration of registration
Clause 50 provides that the period of registration is fixed by a resolution of
the relevant local government which must not be more than three years.
Clause 51 Local Government must keep registration form and
information
Clause 51 provides that a local government must keep a copy of the cat or
dog registration form the owner has provided and record the information in
the appropriate register within seven days of giving a registration notice.
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Animal Management (Cats and Dogs) Bill 2008
Clause 52 Registration fee must be fixed to give desexing
incentive
Clause 52 provides that a local government in fixing registration fees, must
structure the fees to give the owner an incentive to desex the cat or dog, for
example, by fixing a lower fee for registering a desexed cat or dog.
The desexing incentive does not apply to desexed declared dangerous or
restricted dogs as the desexing of these dogs is mandatory and no incentive
is required or if the local government sets a nil fee for the registration of a
cat or dog, such as an assistance animal.
Clause 53 Registration fee must be used for the achievement
of the Act's purposes
Clause 53 provides that the registration fees must be used for achieving the
purposes of the Bill and for administering local laws relating to the
management of cat or dogs.
This enables local governments to use revenue collected through the
registration of dogs and cats to fund general animal management issues
such as patrolling for wandering dogs and feral cat control.
Part 3 Amendment of registration
Clause 54 Amendment of registration
Clause 54 provides that if any information on the registration notice for the
cat or dog changes, the owner of the cat or dog must, within 7 days after the
information changes ensure the local government is given written notice of
the changed information. Maximum penalty is 5 penalty units.
The written notice is to be in the approved form and accompanied by
information to enable the local government to record the changed
information in the appropriate register.
Subclause (2) provides that this clause does not apply if the changed
information is a change of residential address for a permit holder.
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Animal Management (Cats and Dogs) Bill 2008
Clause 55 Relevant local government must give notice of
change
Clause 55 provides that the chief executive of the relevant local
government for a cat or dog may request further information with regard to
notice given under clause 54(3) in the same manner prescribed under
clause 48.
Subclause (4) provides that the chief executive officer must ensure that the
changed information is recorded in the appropriate register within seven
days after receiving written notice of the changed information, and within
14 days after receiving the written notice, must ensure the owner of the cat
or dog is given a registration notice which includes the changed
information mentioned under clause 54.
Part 4 Renewal of registration
Clause 56 Relevant local government must give renewal
notice
Clause 56 provides that the relevant local government must give the owner
of a cat or dog in the local government area a renewal notice 14 days before
the period of registration in the local government elapses for the cat or dog.
Subclause (2)(b) prescribes the information which must be included in the
renewal notice.
This serves as a reminder to the cat or dog owner that they must renew their
cat or dog's registration including updating any changed information.
Clause 57 What owner must do
Clause 57 provides that the owner of a cat or dog must ensure the cat or
dog's registration is renewed within 14 days of receiving the renewal
notice. Maximum penalty is 20 penalty units.
Subclause (2) provides the activities an owner must undertake after
receiving the renewal notice, including information and documentation
which must be provided.
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Animal Management (Cats and Dogs) Bill 2008
It is the responsibility of the cat or dog owner under clause 54 to ensure any
change of details such as change of address details are provided to the local
government.
Clause 58 Relevant local government must give registration
notice
Clause 58 provides that, where an owner has complied with clause 57, the
relevant local government must give the owner a registration notice and any
registration device for the cat or dog within 14 days of renewal of
registration.
Subclause (2) provides that the chief executive officer of a relevant local
government may request additional information in the manner prescribed
under clause 48. A maximum penalty of 5 penalty units applies for
non-compliance.
Subclause (4)(a) provides that the chief executive officer of the relevant
local government must update the appropriate register within seven days of
receiving notice under 57(2) if the details for the cat or dog in question
have changed.
Chapter 4 Regulated dogs
Part 1 Preliminary
Division 1 Purpose and application of chapter
Clause 59 Purpose of ch 4 and its achievement
Clause 59 provides that the purpose of chapter 4 and the means by which
the purpose is to be achieved.
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Animal Management (Cats and Dogs) Bill 2008
Division 2 Interpretation
Clause 60 What is a regulated dog
Clause 60 provides the definition for a regulated dog, which includes
restricted dogs; and declared dangerous and declared menacing dogs.
Clause 61 What is a declared dangerous dog
Clause 61 provides the definition for a declared dangerous dog.
A declared dangerous dog is the higher of two classifications for dogs to be
declared on the basis of their behaviour. The intention of the classification
is to identify dogs which either seriously attack a person or animal or
behave in such a manner that by failing to control these dogs may result in
a serious attack or perhaps a fatality.
Clause 62 What is a declared menacing dog
Clause 62 provides the definition for a declared menacing dog.
Local governments may, under clause 89, identify and declare two
categories of behaviour in dogs: menacing and dangerous. Menacing is the
less serious of the two categories and is aimed at identifying and mitigating
aggressive behaviour in a dog before a serious attack occurs.
Clause 63 What is a restricted dog
Clause 63 provides that a restricted dog is a dog of a breed prohibited from
importation into Australia under the Customs Act 1901 (Cwlth). Breeds
currently prohibited under Commonwealth legislation are the dogo
Argentino; fila Brasiliero; Japanese tosa; American pit bull terrier (or pit
bull terrier); and Perrro de Presa Canario (or Presa Canario).
Clause 63(2) provides that a dog is also a restricted dog if the dog is the
subject of a restricted dog declaration. Including a dog that is currently the
subject of a restricted dog declaration, such as a dog that was declared to be
a restricted dog under the LGA, section 1193E immediately before the
commencement of this Bill (see clause 217).
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Animal Management (Cats and Dogs) Bill 2008
Clause 64 When a regulated dog is under effective control
Clause 64 provides the circumstances in which a regulated dog is deemed
to be under effective control.
The effective control provisions of this Bill do not repeal local
governments' local laws on effective control of dogs in general. This
definition only applies to dogs which have been declared as regulated dogs
under this chapter. It is crucial that a regulated dog is controlled in such a
manner that it does not pose a risk or threat to the wider community.
Part 2 General restrictions and
prohibitions
Division 1 Application of part
Clause 65 Application of pt 2
Clause 65 provides that this part does not apply to a local government in
relation to a regulated dog if the dog has been surrendered to it.
Subclause (2) provides that clause 66 does not apply to another person for
an act if the act was to surrender the dog to the relevant local government.
Division 2 General prohibitions
Clause 66 Prohibition on supply of restricted dog
Clause 66 prescribes the penalty for supplying a restricted dog or proposed
restricted dog and circumstances in which the penalty does not apply. The
offence has a maximum penalty of 150 penalty units in view of the
Commonwealth policy of prohibiting restricted breeds of dogs from
importation into Australia.
Subclause (2) provides the definition of proposed restricted dog for the
purposes of this clause.
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Animal Management (Cats and Dogs) Bill 2008
The policy intent behind this provision is to minimise the population size of
these dogs in the community.
Clause 67 Prohibition on supply of declared dangerous dog
or menacing dog
Clause 67 provides a maximum penalty is 150 penalty units to a person
(relevant person) who supplies a declared dangerous dog or declared
menacing dog to someone else unless the relevant person gives the person a
notice stating the dog is a designated dog or the relevant person has a
reasonable excuse.
It is not in the public interest for a dog which may be declared by a local
government to be sold or transferred to another person to avoid an
obligation under this Bill. A declared dangerous or declared menacing dog
may be transferred however, if all parties to the transaction are aware of the
requirements under the Bill. This will cover situations where a person will
not be able to comply with the keeping conditions and wishes to transfer
ownership of the declared dog to a family member.
Clause 68 Abandonment prohibited
Clause 68 provides that an owner or person responsible for, a regulated dog
must not abandon the regulated dog without reasonable excuse and
prescribes a maximum penalty of 300 penalty units for doing so.
As regulated dogs pose varying threats to the community, their
abandonment may create a very real and present danger to the community.
The offence recognises the seriousness of the threat to community safety.
Subsection (2) clarifies the definition of abandon for the purposes of this
clause.
Division 3 Restricted dogs and declared
dangerous dogs only
Clause 69 Prohibition on breeding
Clause 69 prohibits the breeding of declared dangerous or restricted dogs
and the giving or taking of possession of such animals for breeding
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Animal Management (Cats and Dogs) Bill 2008
purposes. A maximum penalty of 150 penalty units is prescribed for doing
so.
As dangerous dogs will be declared on the basis of having seriously
attacked or posing a serious threat to community health or safety, the policy
intent is to ensure that through the prohibition on breeding of declared
dangerous or restricted dogs the behaviour that resulted in the dog being
declared dangerous or restricted cannot potentially be passed on to
offspring. The breeding prohibition will, through attrition, reduce the
population of the breeds of dogs prohibited from importation by the
Commonwealth Government.
Clause 70 Compulsory desexing of declared dangerous dog
or restricted dog
Clause 70(1) provides that the owner of a declared dangerous or restricted
dog must ensure it is desexed within a prescribed period of time and
prescribes the penalty for failure to comply.
As dangerous dogs will be declared on the basis of having seriously
attacked or posing a serious threat to community health or safety, the
requirement to desex will eliminate the possibility of a declared dangerous
dog or restricted dog's behaviour being passed on to offspring.
The policy intent is that by compulsory desexing, combined with remedial
training by the dog's owner, the chances of a declared dangerous dog
re-offending will be reduced.
Subclause (2) prescribes desexing requirements where a temporary health
condition has prevented the dog from being desexed within the timeframe
required by subclause (1). A maximum penalty of 150 penalty units is
prescribed for failure to comply.
Division 4 Restricted dogs only
Clause 71 Permit required for restricted dog
Clause 71 provides that a person must not, without reasonable excuse, own
or be responsible for a restricted dog unless they obtain a permit from the
relevant local government. Maximum penalty is 75 penalty units.
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Animal Management (Cats and Dogs) Bill 2008
Owners of restricted dogs have an obligation to possess a permit for the
dog and comply with strict keeping and control conditions to ensure their
dogs do not pose a threat to community health or safety.
Part 3 Restricted dog permits
Division 1 Obtaining permit for restricted dog
Subdivision 1 Permit applications
Clause 72 Who may apply for permit
Clause 72 provides that an adult may apply to the relevant local
government to keep a restricted dog at a stated place, provided that the
place has a detached house where a person usually lives. The intent of this
clause is to prevent the keeping of restricted dogs in multi-residential
complexes and their use as guard dogs on commercial premises. The
provision is necessary to protect public health and safety and the welfare of
individual dogs.
Subclause (3) provides that permit applications may be made to keep more
than one restricted dog at the same place if the keeping of multiple dogs,
restricted or otherwise, is permitted under the local law of the relevant local
government.
An owner of a restricted dog has a legislative obligation to apply for a
permit. Failure to do so attracts heavy penalties.
Clause 73 Requirements for application
Clause 73 provides the requirements for a restricted dog permit application.
In addition to relevant identification and other information about the
animal, the application must also include the address of the place for which
the application is made and the type of each structure at that place. This
requirement will enable the relevant local government to ascertain the
existence of a detached house at the place, as required under clause 72.
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Animal Management (Cats and Dogs) Bill 2008
To allow identification of the dog, permit applications must also be
accompanied by a recent colour photo and be supported by enough other
information to allow local government to decide the application.
Clause 74 Inquiries into application for permit
Clause 74 provides that the relevant local government may, by written
notice to the applicant, seek further information or documents relevant to
the application after a permit application has been made.
It is important that when a local government is deciding whether or not to
grant an application, it has all the relevant details to make an informed
decision. Having regard to these details will ensure the community safety is
maintained and permits are only granted to applicants who are able to meet
their obligations under the Bill.
Clause 75 Deciding application
Clause 75 outlines that the relevant local government must grant or refuse
an application within 21 days of either the making of the application or
when all necessary information to decide the application has been received.
Subclause (2) provides circumstances in which the relevant local
government must refuse an application.
Subclause (4) provides that a regulation may provide other grounds for
refusal. For example, a regulation may be made to provide that persons
convicted of an offence under the Bill must be refused a permit.
Subclause (5) provides that in granting and application, the relevant local
government may impose conditions provided for under a regulation made
under clause 80(2).
Clause 76 Criteria for decision
Clause 76 prescribes certain criteria which the relevant local government
must consider in deciding a permit application. Additional criteria may be
prescribed under regulation.
When making a decision, the local government needs to be satisfied that
the owner of the restricted dog will be able to ensure compliance with the
conditions of the permit.
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Animal Management (Cats and Dogs) Bill 2008
This ensures that a permit has been decided that has regard to the health
and safety of the community.
Subdivision 2 Action after decision on application
Clause 77 Grant of application
Clause 77 provides that the relevant local government must issue a permit
in the approved form to an applicant as soon as practicable after the
decision to grant an application is made.
Clause 78 Duration of permit
Clause 78 prescribes the period of time for which a permit is valid. The
permit expires 1 year after the day the permit holder is issued the permit,
this allows the relevant local government to consider all of the information
(including any new information) in the granting of the permit annually.
Clause 79 Notice of refusal of permit application
Clause 79 provides that the relevant local government must, after deciding
to refuse an application, give the applicant a notice for the decision as soon
as practicable. The notice should be in the form of an information notice as
defined in the schedule 2 Dictionary.
Division 2 Permit conditions
Clause 80 Operation of div 2
Clause 80 provides that division 2 imposes conditions on individual
restricted dog permits. All conditions will be enforceable by local
governments with penalty infringement notices.
Clause 80(2) provides that additional conditions which are more onerous or
of a higher standard than those in division 2 may be prescribed by
regulation for each restricted dog permit.
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Animal Management (Cats and Dogs) Bill 2008
Clause 81 Obligation to comply with permit conditions
Clause 81 prescribes the penalties for failure to comply with restricted dog
permit conditions under schedule 1, for both a permit holder and a person
responsible for the animal. It is critical that once a dog is declared, that the
owner of the dog ensure all conditions are met. Maximum penalty for not
complying with permit conditions is 75 penalty units.
Compliance with the permit or declaration condition will ensure the chance
of the dog escaping its enclosure and re-offending are minimised. It will
also ensure the general public are warned that a declared dog is on the
premises.
Division 3 Renewal of permit
Clause 82 When permit may be renewed
Clause 82 provides that a restricted dog permit holder may apply to the
relevant local government to renew the permit.
Clause 82(2) provides circumstances in which a renewal application cannot
be made.
It is incumbent upon the owner of a restricted dog to ensure a permit
renewal application is lodged.
Clause 83 Requirements for renewal application
Clause 83 provides the requirements for a renewal application.
Clause 84 Deciding renewal application
Clause 84 prescribes the conditions which the relevant local government
must follow in deciding whether to grant or refuse a renewal application,
including circumstances in which the application must be refused and
notification of the applicant regarding the decision.
Clause 84(4) provides that in making its decision, the relevant local
government must take into account the criteria outlined in clause 76 and
may seek further documents and information in line with clause 74.
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Animal Management (Cats and Dogs) Bill 2008
Clause 85 Duration of renewed permit
Clause 85 prescribes that the period of time for which a renewed permit is
valid is 1 year after the day the permit holder is issued the renewed permit.
Division 4 Amendment of permits
Clause 86 Application for change of place for permit
Clause 86 provides that a restricted dog permit holder may apply to the
relevant local government to alter the place for which the permit has been
issued, so long as the new place remains within the relevant local
government area and complies with necessary requirements, as if it were a
permit application.
Clause 87 Amendment by relevant local government
Clause 87 provides the circumstances in which a relevant local government
may amend a restricted dog permit. However, an amendment cannot be
inconsistent with a permit condition or impose a condition on the permit
other than a permit condition.
Division 5 Miscellaneous
Clause 88 No transfer of restricted dog permit
Clause 88 provides that a restricted dog permit cannot be transferred.
Part 4 Regulated dog declarations
Division 1 Making regulated dog declarations
Clause 89 Power to make declaration
Clause 89 provides that a local government may declare a dog to be
dangerous, menacing or restricted in compliance with the requirements of
Part 4.
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Animal Management (Cats and Dogs) Bill 2008
A dangerous dog declaration may be made for a dog that has seriously
attacked or acted in a way that caused fear to a person or animal. Seriously
attacked means the dog has attacked causing bodily harm, grievous bodily
harm or death.
A menacing dog declaration may be made for a dog that has attacked and
caused fear to a person or animal in a way other than that prescribed for a
dangerous dog under subclause (2).
A restricted dog declaration may be made only if the dog is of a breed
prohibited from importation into Australia under the Customs Act 1901
(Cwlth).
Local Governments have a discretionary power to declare dogs to be
dangerous, menacing or restricted. These three classifications allow a much
more effective regime to manage and control dangerous dogs in
Queensland.
Clause 90 Notice of proposed declaration
Clause 90 provides that local governments must give written notice to a
dog owner before making a declaration and prescribes the requirements for
the notice.
Queensland has many inconsistencies in its dangerous dog laws. Some
local governments have a dangerous dog declaration system that is not
reviewable internally. The notice of proposed declaration is the first in a
string of steps that will ensure the owners of dogs accused of being
dangerous, menacing or restricted, have the opportunity to respond to the
allegations.
Clause 91 Proposed declaration notice does not limit other
powers
Clause 91 provides that the proposed declaration notice does not limit an
authorised person's powers under chapter 5 of the Bill or a regulation.
While the process of declaration is occurring, it is conceivable that a dog
may be involved in an incident during this time period. If a dog is involved
in another incident while a declaration process is underway, the local
government is not prevented from invoking entry and seizure powers to
make the area safe. The local government has the option of retaining the
dog at an impound facility for evidence while the declaration process is
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Animal Management (Cats and Dogs) Bill 2008
underway. The declaration process may be amended in response to the
further behaviour demonstrated by the dog.
Clause 92 Withdrawing proposed declaration notice
Clause 92 provides that a proposed declaration notice may be withdrawn
by a local government by giving written notice to the dog owner.
Clause 93 Owner's obligations if proposed declaration notice
in force
Clause 93 prescribes the penalty for owners of and persons responsible for
dangerous and restricted dogs if they fail to comply with the requirements
of schedule 1, clause 3 (muzzling and effective control in public). This
clause only applies if a proposed declaration notice is in force and ceases to
apply if the notice is withdrawn. Maximum penalty is 75 penalty units.
To ensure public safety a dog the subject of a proposed declaration notice
must be muzzled in public and under effective control at all times. If the
declaration process is aborted, nothing is lost, however a dangerous dog
declaration is proceeded with then the dog has been kept under effective
control and prevented from biting people since the time of the alleged first
incident.
Clause 94 Making declaration
Clause 94 provides that a local government must consider any written
representations or evidence it receives during the period given under clause
90 (Notice of proposed declaration).
Clause 94(2) provides that, if after considering representations or evidence
the local government is satisfied that the dog is a regulated dog under
clause 89, it must make the declaration about the dog.
Clause 95 Notice and taking effect of declaration
Clause 95 provides that a local government, after making a decision to
declare a dog to be a regulated dog, must give a dog owner a declaration
notice. The notice must include information about the declaration and the
keeping and control conditions with which the owner must comply. If the
dog has been impounded, the notice must include the impound number
given by the local government to the dog.
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Animal Management (Cats and Dogs) Bill 2008
Part 5 Application of permit conditions
for declared dangerous and
menacing dogs.
Clause 96 Operation of pt 2
Clause 96 provides that chapter 4, part 5 provides conditions on a declared
dangerous or declared menacing dog. A local government can state that a
condition does not take effect until a stated day on an information notice
about a declared dangerous and declared menacing dog, however, the
stated day can not be more than 21 days after the owner is issued with an
information notice.
Clause 97 Declared dangerous dogs
Clause 97 provides that a relevant person for a declared dangerous dog
must ensure schedule 1, clauses 2 6 are complied with in relation to the
dangerous dog.
Conditions include: identification; compulsory desexing and effective
control; enclosure; public notice; and place where dog is kept
requirements.
Clause 98 Declared menacing dogs
Clause 98 provides that a relevant person for a declared dangerous dog
must ensure schedule 1, subclauses 2 and 4 6 are complied with in
relation to the menacing dog.
Conditions include: identification; effective control; enclosure; public
notice and place where dog is kept requirements.
Part 6 Miscellaneous provisions
Clause 99 Failure to decide application taken to be refusal
Clause 99 provides that an application should be taken to have been refused
if a local government has not made a decision within the time period
required under chapter 4, part 3 of the Bill.
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Animal Management (Cats and Dogs) Bill 2008
Clause 100 Surrender of regulated dog
Clause 100 provides conditions for the surrender and subsequent treatment
of a regulated dog. It is not in the public interest for declared dogs to be
rehoused. All declared dogs surrendered to an animal shelter or pound
must be destroyed.
Clause 101 Defence for regulated dog owner
Clause 101 provides defences available to the owner of a regulated dog for
offences under chapter 4. It is a defence for an owner to prove that another
person was also the owner at the time the incident in question occurred and
that the other owner has been convicted of the same offence or another
offence constituted by the act or omission, and has since met or paid any
penalty imposed for the conviction.
Clause 102 Recovery of seizure or destruction costs
Clause 102 provides the circumstances in which a local government may
recover costs for the seizure or destruction of a regulated dog.
If a dog has been surrendered to the local government it is considered that
any cost should not be claimed for costs incurred following the surrender of
the dog.
Clause 103 Cost of regulated dog enclosure dividing fence
Clause 103 prescribes the relationship between the Bill and the Dividing
Fences Act 1953 with regard to the cost of regulated dog enclosures.
Subclause 103(3) provides that, in cases where the fence is to be built by a
person who leases a place where the regulated dog is permitted to be kept,
the Residential Tenancies Act 1994, chapter 3, part 5, division 1 will apply
instead of the Dividing Fences Act 1953 section 20.
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Animal Management (Cats and Dogs) Bill 2008
Chapter 5 Investigation, monitoring and
enforcement
Part 1 Authorised persons
Clause 104 Appointment and qualifications
Clause 104(1) provides that a chief executive officer of a local government
may appoint a local government employee or a person prescribed under a
regulation as an authorised person. Clause 104(2) provides that the chief
executive officer must also be satisfied the person is qualified for
appointment because the person has the necessary expertise or experience
to carry out the job.
The role of the authorised person under this Bill is important and is vital to
ensuring the community safety from regulated dogs. Care must be taken
by the CEO when appointing people to this important position that they
possess the character and skill sets to allow them to fairly and impartially
enforce this Bill.
Clause 105 Appointment conditions and limit on powers
Clause 105 provides that an authorised person's appointment may be
subject to conditions stated in an instrument of appointment, a notice
signed by the chief executive of the local government or a regulation. These
conditions may limit an authorised person's powers under the Bill.
Clause 106 Issue of identity card
Clause 106 provides that a chief executive officer must issue an identity
card for each authorised person. This identity card must identify the person
as an authorised person under the Act and contain a photo of the authorised
person, a copy of the authorised person's signature and an expiry date for
the card.
Subclause 106(3) provides that this clause does not prevent the issue of a
single identity card to a person for the purposes of this Bill and for other
purposes.
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Animal Management (Cats and Dogs) Bill 2008
Due to the extensive powers an authorised person has under this Bill, it is
necessary that an authorised person can identify himself or herself through
the use of an identity card.
Clause 107 Production or display of identity card
Clause 107 provides the manner in which an authorised person must
produce and display the identity card to another person when exercising a
power under this Bill in relation to that person. The authorised person must
produce their identity card before exercising powers, and must keep the
identity card displayed so that it is clearly visible to the other person when
exercising the power.
Subclause 107(2) provides that where compliance with subclause 107(1)
requirements is not practicable, an authorised person must produce the
identity card for inspection by the other person at the first reasonable
opportunity.
Subclause 107(3) provides that an authorised person does not exercise a
power for the purpose of this clause if they have merely entered a place as
mentioned in clause 111(1)(b) or (4).
It is important that authorised persons, wherever practicable, are readily
identifiable to the public, particularly if they exercise entry and seizure
powers under this Bill.
Clause 108 When authorised person ceases to hold office
Clause 108(1) outlines circumstances when an authorised person ceases to
hold office.
Subclause 108(2) provides that the circumstances in sub-clause (1) are not
an exhaustive list of the means by which an authorised person may cease to
hold office.
Subclause 108(3) defines the term condition of office for this clause.
Clause 109 Resignation
Clause 109 provides that an authorised person may resign by providing
signed notice to the chief executive of the local government which
appointed them.
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Animal Management (Cats and Dogs) Bill 2008
Clause 110 Return of identity card
Clause 110 provides that unless the authorised person has a reasonable
excuse, he/she must return their identity card to the chief executive officer
of the local government who appointed them, within 21 days of ceasing to
be an authorised person.
A maximum penalty of 10 penalty units applies for failure to comply with
this requirement.
Part 2 Entry to places
Division 1 Powers of entry
Clause 111 General power to enter places
Clause 111 provides the circumstances when an authorised person may
enter a place. Subclause 111(4) clarifies that for the purpose of asking an
occupier of a place for consent to enter, an authorised person may, without
the occupier's consent or a warrant:
· enter land around premises at the place to an extent that is
reasonable to contact the occupier; or
· enter part of the place that the authorised person reasonably
considers members of the public would ordinarily be allowed to
enter when they wish to contact the occupier.
Authorised persons must have the ability to enter a property and contact the
occupier of property for the effective administration of this Bill.
Clause 112 Additional entry powers for particular dogs
Clause 112 provides additional entry powers for authorised persons where
it is reasonably suspected a dog has behaved in a manner that indicates it is
a risk to community health and safety or a restricted dog is being kept
without a permit. This power may be exercised if any delay in entering a
place will result in a risk to community health or safety or a dog being
concealed or moved to avoid compliance with chapter 5. Further, in order
to exercise this power, a person may enter and stay at the place, if the
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Animal Management (Cats and Dogs) Bill 2008
occupier may has received a compliance notice and entry is made at a time
that is stated in the notice for the purposes of checking compliance with the
notice.
Provisions that confer power to enter premises and stay without a warrant
may offend fundamental legislative principles. These powers are necessary
in certain circumstances to ensure enforcement of the legislation and
ensure that public health and safety is protected. In exercising the power to
enter a place under clause 112 an authorised person can use necessary and
reasonable force only where the place is not being used as a residence and
entry is only for the seizure of a dog. As the identification of restricted
dogs is difficult, seizure of restricted dogs using reasonable and necessary
force will only be available to an authorised person by way of a warrant or
if the alleged restricted dog has behaved dangerously or menacingly.
In exercising this power an authorised person must follow certain
procedural requirements such as producing an identity card, and telling the
occupier the purpose of the entry and that it is permitted without the
occupier's consent or a warrant. If an authorised person enters or proposes
to enter, a place under this section, safeguards are provided in clause 123
(General powers after entering places).
Clause 113 Approval of inspection program authorising entry
Clause 113 provides that a local government may pass a resolution
approving an inspection program to allow an authorised person to enter a
place and monitor compliance with the Act. An approved inspection
program must be either selective (certain defined places) or systematic (all
places of a particular type).
Subclause 113(5) prescribes what an approved inspection program must
state and provides a number of safeguards for persons and places to be
subject to inspection under a program.
Clause 114 Notice of proposed inspection program
Clause 114 requires a local government to give notice of a proposed
inspection program by publishing a notice in a local newspaper and on the
local government's website, at least 14 days, but no more than 28 days,
before commencement of the program.
A the notice must state that a copy of the proposed inspection program is
available for inspection at the public office and available for purchase.
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Animal Management (Cats and Dogs) Bill 2008
Clause 115 Access to program
Clause 115 requires a local government to make a copy of the approved
inspection program available for purchase and keep a copy of the program
open for inspection at the local government's public office from the date of
publication of the notice until the end of the program.
Division 2 Entry procedures
Subdivision 1 Consent
Clause 116 Entry with consent
Clause 116 prescribes the procedure and conditions an authorised person
must follow when asking an occupier of a place for consent to enter the
place.
Before asking for consent the authorised person must tell the occupier the
purpose of the entry and that the occupier is not required to give consent.
Subclause 116(6) provides that, should an issue arise in a proceeding
regarding whether an occupier consented to entry, and a copy of the
relevant acknowledgement of consent is not available, the onus of proof
falls on the authorised person (or an agent thereof) to prove the occupier
consented.
Subclauses 116(7) and 116(8) provide conditions in relation to an
authorised person's right to stay on the property.
Subdivision 2 Warrants
Clause 117 Application for warrant
Clause 117 provides that an authorised person may apply to a magistrate
for a warrant for a place and prescribes the application process.
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Animal Management (Cats and Dogs) Bill 2008
Clause 118 Issue of warrant
Clause 118 permits a magistrate to issue a warrant for a place if there are
reasonable grounds for suspecting there is evidence of an offence against
this Bill and the evidence is at the place, or will be at the place within the
next 7 days. Subclause 118(2) prescribes the contents of the warrant.
Clause 119 Application by electronic communication and
duplicate warrant
Clause 119 provides for an application for a warrant to be made by phone,
fax, email, radio, videoconferencing or another form of electronic
communication if the authorised person considers it necessary due to
urgent circumstances or other special circumstances, such as remote
location.
Subclauses 119(2) to subclause 119(9) outlines the procedural
requirements for the application and the issue of a magistrate's warrant in
these cases of urgent or special circumstances.
Subclause 119(10) provides the definition for a relevant magistrates court
for the purposes of this clause.
As this legislation will have state-wide application, it is important that the
process for obtaining a warrant be stipulated and streamlined to allow for
circumstances where a magistrate may not regularly visit rural and remote
communities. It is also critical that this process ensures strong protections
are maintained for private property rights.
Clause 120 Defect in relation to a warrant
Clause 120 provides that a warrant is not invalidated by a defect in the
warrant, or in compliance with clauses 117, 118 or 119 unless the defect
affects the substance of the warrant in a material particular.
Clause 121 Warrants--procedure before entry
Clause 121 provides the procedure to be followed by an authorised person
entering a place pursuant to a warrant.
Subclause 121(2) prescribes certain things an authorised person must do, or
make a reasonable attempt to do, before entering a place. This includes
identifying themselves to an occupier by way of producing an identity card
or another document of appointment; providing a copy of the warrant;
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Animal Management (Cats and Dogs) Bill 2008
informing the occupier of their power to enter under the warrant; and
giving the occupier an opportunity to allow immediate entry to the
authorised person without using force.
Subclause 121(3) provides that an authorised officer need not comply with
the conditions stipulated in subclause 121(2) if he or she believes that entry
is required to ensure that execution of the warrant is not frustrated.
A provision that confers power to enter premises without explanation of the
warrant procedure may offend fundamental legislative principles. This
power is necessary in the circumstances to ensure enforcement of the
legislation and public health and safety is protected.
Subdivision 3 Entry under other powers other than
for public places
Clause 122 Procedure for other entries
Clause 122 provides steps the authorised person must undertake before
entering a place under subclause 111(1) other than (a) or (c) and clause
112, including production of an identity card, telling the purpose of the
entry and telling the occupier they are able to enter the place under this Bill
without the occupiers consent.
Part 3 Powers on Entry
Clause 123 General powers after entering places
Clause 123 provides the powers of an authorised person who has entered a
place under chapter 5, part 2 of the Bill.
An authorised person who has entered a place under part 2 may search any
part of the place the authorised person is authorised to search and may
inspect, test or photograph anything in or on the place, copy a document in
or on the place and take samples from the place.
Subclause 123(2) provides that this clause does not apply to an authorised
person who enters a place under section 111(4) to obtain the occupier's
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Animal Management (Cats and Dogs) Bill 2008
agreement unless the agreement is given or the entry is otherwise
authorised.
Clause 124 Power to require reasonable help
Clause 124 requires a person to give reasonable help to the authorised
person if it is requested under subclause 123(1)(f) unless the person has a
reasonable excuse. A maximum penalty of 8 penalty units is prescribed for
non-compliance.
Subclause 124(2) provides that a person may refuse to comply with a
request to give information or provide a document if doing so would
incriminate them. However, if the person is required to keep a document
under this Bill subclause 124(2) does not apply.
A provision that requires a person to comply with a request for assistance
from an authorised person to search and gather information at a person's
place may offend fundamental legislative principles. These powers are
necessary in the circumstances to ensure enforcement of the legislation and
pubic health and safety is protected.
Clause 125 Seizure powers for dogs
Clause 125 gives an authorised person power to seize a dog if:
· the person reasonably believes the dog has attacked, threatened
to attack or acted in a way that causes fear to an animal or person
or is, or may be, a risk to community healthy or safety; or
· the dog is a restricted dog for which a permit has been refused, or
no restricted dog permit has been issued and there is a risk a dog
may be concealed or moved to avoid the requirements of chapter
5; or
· the dog is the subject of a compliance notice and the authorised
person reasonably believes the notice has not been complied
with; or
· the dog is in a public place and is not under anyone's effective
control.
The use of reasonable and necessary force to seize a dog does not apply to
a restricted dog. However, if the dog has behaved dangerously or
menacingly, it can be seized under the dangerous and menacing dogs
provisions.
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Animal Management (Cats and Dogs) Bill 2008
Part 4 Seized Dogs
Clause 126 Application of pt 4
Clause 126 provides that chapter 5, part 4 applies if an authorised person
has seized a dog under clause 125 or a warrant.
Clause 127 Power to destroy seized regulated dog
Clause 127(2) gives an authorised person power to immediately destroy a
seized regulated dog, without notice, if the authorised person reasonably
believes the dog is dangerous and the authorised person cannot control the
dog, or an owner of the dog has ask for it to be destroyed. This power is
necessary in the circumstances to ensure community health and safety is
protected.
Subclause 127(3) provides for the destruction of a dog three days after
seizure if:
· the authorised person is unable to find an owner for the dog; and
· the dog was not seized under section 125(1)(b)(i) (i.e. a permit
application to keep the restricted dog has been refused); and
· the dog is not the subject of a regulated dog declaration by the
relevant local government.
Clause 127(4) provides that if subclause 127(3) does not apply an
authorised person may make a destruction order stating destruction order
stating that the person proposes to destroy the dog 14 days after the order is
served on the registered owner of the dog or if there is no registered owner,
the person who owns or is responsible for the dog. However, a dog can not
be destroyed if a review or appeal process is underway.
Provisions permitting the destruction of a dog may offend fundamental
legislative principles. However, clause 127 provides for a notification
procedure and permits an appeal against the destruction order.
Clause 128 Receipt for dog in particular circumstances
Clause 128 requires an authorised person to issue a receipt for a dog (which
has been seized under clause 125) to the registered owner or the person
who had immediate custody or control of the dog.
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Animal Management (Cats and Dogs) Bill 2008
Clause 129 Access to seized dog
Clause 129 provides that where an authorised person has seized a dog, the
owner of the dog must be allowed to inspect the dog at any reasonable time.
The inspection must be provided free of charge. If however, a person has
threatened to forcibly remove their dog from an impounding facility, the
local government is not obliged to allow access to the seized dog.
Clause 130 Return of dog if not regulated dog
Clause 130 provides that if a dog was seized based on a reasonable
suspicion that the dog was a regulated dog or would be declared a regulated
dog based on its behaviour, and the authorised person becomes satisfied the
dog is not or will not be declared a regulated dog, the person must return
the dog as soon as practicable to any owner or other person entitled to
possession of it.
Clause 131 Return of regulated dog to registered owner
Clause 131 provides for the return within 14 days of a seized dog if the dog
has, or appears to have a registered owner unless:
· the owner has surrendered the dog;
· a destruction order has been made for the dog;
· the dog is required as evidence for a proceeding for an offence
involving the dog;
· the owner, or person responsible for the dog, has not complied
with a permit or keeping condition for the dog;
The dog is to be returned as soon as practicable if, following an appeal, an
order is no longer in force, the dog's retention as evidence is no longer
required, or all keeping conditions for the dog are complied with.
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Part 5 Compliance notices for regulated
dog offences
Clause 132 Power to give compliance notice
Clause 132 prescribes the requirements for the issue of a compliance notice
by an authorised officer who reasonably believes an owner or, or a
responsible person for, a declared dog has committed, is committing or is
about to commit an offence against chapter 4 of the Act.
An authorised person may issue a compliance notice requiring the owner or
responsible person to stop committing or not commit the offence or to
remedy the matter. The compliance notice may also state an authorised
person's intention to enter a premises to check compliance with the notice
or the notice may instruct how it may be shown that the recommended
action has been taken.
Clause 133 Requirements for giving notice
Clause 133(1) prescribes the matters to be stated in the compliance notice.
Clause 133(2) provides for situations where a compliance notice may be
given orally. A provision that waives a requirement for written notice to
comply with a direction may offend fundamental legislative principles.
The power is necessary in the circumstances to ensure enforcement of the
legislation and public health and safety is protected.
Clause 133(2) contains a number of safeguards to the exercise of this
power. An oral compliance notice may only be given when the authorised
officer reasonably believes that the commission of the offence needs to be
stopped, or action needs to be taken, urgently; or it is not practicable in the
circumstances to immediately provide a notice in writing. Further, the
authorised person must warn the owner or responsible person that, without
reasonable excuse, it is an offence for them not to comply with the notice.
Clause 133(3) provides that where an oral compliance notice is given, an
authorised person must provide a written compliance notice as soon as
practicable.
Clause 134 Failure to comply with notice
Clause 134 prescribes a maximum penalty of 75 penalty units for
non-compliance, without reasonable excuse, with a compliance notice.
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Clause 134(2) provides that a person has a reasonable excuse if he or she
had not committed, was not committing or was not about to commit, the
offence in the notice. In addition to the fine, an authorised person is at
liberty to enter and seize the dog if the public health and safety is
compromised by failing to comply with the compliance notice.
Part 6 Miscellaneous provisions
Clause 135 References in ch 5 to local government and
authorised person
Clause 135 clarifies that for the purposes of Chapter 5, any reference to an
authorised person is to an authorised person appointed by the local
government, and for an authorised person, any reference to a local
government is to the local government that appointed the authorised
person.
Clause 136 Impersonating authorised person
Clause 136 provides that it is an offence to pretend to be an authorised
person. A maximum penalty of 50 penalty units is prescribed for this
offence.
This clause reflects the importance the State Government places on the role
of an authorised person under the Act. This statutory position exercises
strong powers which enhance community health and safety, and as such it
is a very serious offence if a person impersonates an authorised person.
The penalty provided is consistent with a similar offence in section 289 of
the Land Protection (Pest and Stock Route Management) Act 2002.
Clause 137 Obstruction of authorised person
Clause 137 reflects the importance the State places on providing the
necessary support to Authorised persons to undertake their role. Clause
137 creates an offence for a person to obstruct an authorised person in the
exercise of their powers unless the person has a reasonable excuse. This
offence specifically includes (not is not limited to) assaulting or threatening
the authorised person.
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Clause 138 Authorised person may ask police officer for help
in exercising particular powers
Clause 138(1) provides that an authorised person is declared to be a public
official for the Police Powers and Responsibilities Act 2000 when
exercising a power under the following provisions of the Bill:
· clause 111(1)(h) an authorised person enters a property under
an approved inspection program at any reasonable time of the
day or night;
· clause 112 an authorised person is exercising additional entry
powers in relation to a dog;
· clause 123 an authorised person is exercising general powers
after entering a place;
· clause 125 an authorised person has entered a place, reasonably
suspects that a dog has behaved in a manner which compromises
community health and safety and is exercising powers to seize
the dog.
Subclause (2) provides that when asked by an authorised person, a police
officer may exercise the power under the relevant provision with the help,
and using the force, that is reasonable in the circumstances as soon as is
reasonably practicable.
Subclause (3) states that when a police officer gives help under this section,
it is taken to be a response to a request by a public official under section
16(3) Police Powers and Responsibilities Act 2000.
Subclause (4) requires an authorised person, to the extent that it is
reasonably practicable, explain to the police officer the powers he/she has
under the relevant provision of the Bill and the reasons these powers are
being exercised. This is another check and balance to ensure Authorised
persons exercise their strong powers appropriately.
Subclause (5) provides that an authorised person's failure to provide an
explanation to a police officer under subclause (4) does not affect the
validity of the exercise of the power. This clause ensures that should an
emergency require prompt action then there is no requirement for the
Authorised person to exercise his/her obligations under sub clause (4),
however after the emergency incident has been resolved, the Authorised
person should fully inform the policy officer of what powers the
Authorised person has and why they were exercised.
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The effective management of dangerous, menacing and restricted dogs
often requires authorised persons to work with police officers in exercising
their duties. Police officers should be protected when assisting authorised
persons exercising powers under this act.
Clause 139 Power to require name and address
Clause 139 provides that an authorised person may require a person to
provide their name and residential address if one of the criteria specified in
subclause (1) is satisfied. One of the objectives of this legislation is to
encourage responsible dog ownership. Requiring a cat or dog owner to
provide their personal details ensures they can be held accountable for the
actions of their cat or dog.
Clause 140 Failure to comply with personal details
requirement
Clause 140 (1) creates an offence for failing to provide personal details to
an authorised person unless the person has a reasonable excuse. A
maximum penalty of 50 penalty units is prescribed.
Clause 141 Authorised person to give notice of damage
Clause 141 requires an authorised person to give notice to an owner if the
authorised person, or a person authorised by the person, causes damage
during the exercise of a power under chapter 4 or chapter 5.
Clause 141(3) provides that if it is not possible to give notice to the owner,
the authorised person must securely leave the notice in a conspicuous
position at the place where the damage occurred.
Clause 142 Compensation
Clause 142 provides for a person, who incurs loss or expense as a result of
the exercise of purported exercise of a power under chapter 5, to claim
compensation. A regulation may prescribe matters that may, or must, be
taken into account by the court when considering whether it is just to make
the compensation order.
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Chapter 6 PID registry licences
Part 1 How licence is obtained
Clause 143 Application for licence
Clause 143 provides that a person may apply to the chief executive for a
PID registry licence. The application must be in the approved form and be
accompanied by the fee prescribed under a regulation.
Clause 144 What the application must state
Clause 144 lists the details that must be provided when applying for a PID
registry licence. The details include name, relevant addresses and
qualifications relevant to offering the PID registry service.
Clause 145 Consideration of application
Clause 145 requires the chief executive to consider the application and
decide to either grant or refuse the application for a PID registry licence.
Clause 146 Criteria for granting application
Clause 146 provides that the chief executive may only grant the PID
registry licence if the chief executive is satisfied that the applicant is a
suitable person to hold a licence. The intent of this clause is to ensure that
licenses are only issued to applicants who can demonstrate their ability to
comply with stringent minimum criteria to ensure the integrity and privacy
of personal information held on Queensland residents.
Clause 147 Suitability of person to be licence holder
Clause 147 sets out matters the chief executive may consider when
considering whether the person is suitable to be a PID registry licence
holder. The matters include whether the person has had a conviction for a
relevant offence that is not a spent conviction, if the person has had a
previous licence suspended or cancelled or if the person has been refused a
licence application previously.
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Under this clause, consideration can also be given to the other information
included in the approved form and anything else relevant to the applicant's
ability to conduct business as a PID registry licence holder.
Clause 148 Inquiries into application for licence
Clause 148 provides that the chief executive may make inquiries that will
help in deciding on the suitability of the applicant.
The chief executive may also ask for more information from the applicant
but must do so within 28 days of receiving the application and must allow
at least 28 days for the applicant to provide the information. The chief
executive may require that the information be verified by a statutory
declaration.
If the applicant does not provide the information requested by the chief
executive within the given time, the application is taken to be withdrawn.
Clause 149 Decision on application for licence
Clause 149 provides that, if the chief executive decides to grant a licence,
the chief executive must issue a PID registry licence to the applicant.
If the chief executive decides to impose conditions on the licence or not
grant the licence, the chief executive must give the applicant an information
notice setting out the reasons for the decision that an appeal can be made
against the decision, and the process for initiating an appeal.
Clause 150 Failure to decide application for licence
Clause 150 provides that, if the chief executive fails to make a decision
about an application within 28 days after the application is received, the
failure is taken to be a decision by the chief executive to refuse to grant the
application.
If the chief executive requests additional information from the applicant
and the chief executive fails to make a decision about the application within
28 days after the additional information is received, the application is taken
to have been refused.
However, in both of these circumstances, the applicant is entitled to receive
an information notice from the chief executive setting out the reasons for
the decision, that an appeal can be made against the decision, and the
process for initiating an appeal.
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Clause 151 Duration of licence
Clause 151 specifies that a PID registry licence--
· comes into force on the day it is issued or renewed and
· remains in force for a time specified by the chief executive in the
licence, which must not be more than three years from the issue
or renewal of the licence.
Part 2 Provisions of licence
Clause 152 Mandatory conditions on licences
Clause 152 sets out the conditions to which a PID registry licence is
subject.
Clause 152 (a) states the licence holder must comply with this Act,
Clause 152 (b) states that the licence holder must display the licence or a
copy of the licence at the holder's principal place of business.
Clause 153 Licence holder must comply with licence
conditions
Clause 153 provides that it is an offence if the holder of a PID registry
licence contravenes a condition on the licence. The maximum penalty is
100 penalty units. A penalty may be imposed even if the licence is also
suspended or cancelled because of the contravention. The serious of the
penalty reflects the importance being placed on the licensee to ensure the
PID Registry is operated to a high standard and ensures privacy of the
information contained in the PID Registry.
Clause 154 Form of licence
Clause 154 lists the licence details that must be stated on a licence.
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Animal Management (Cats and Dogs) Bill 2008
Part 3 Renewal of licences
Clause 155 Application for renewal of licence
Clause 155 outlines how an application for a renewal of registration must
be made and what it must contain.
The renewal application must be made at least 28 days before the previous
licence ends. The application must be in the approved form, be signed by
the applicant and be accompanied by the prescribed fee.
The chief executive must make a decision whether or not to renew the
licence, having regard to the matters outlined in clause 147.
If the chief executive decides not to renew the licence, the applicant must
be given an information notice setting out the reasons for the decision that
an appeal can be made against the decision, and the process for initiating an
appeal.
Clause 156 Inquiries into application for renewal of licence
Under clause 156, the chief executive may require the applicant to provide
further information or documentation to help in deciding whether to grant a
renewal application. The applicant must be given at least 28 days in which
to provide the information or documentation.
If the applicant does not supply the required information or documentation
within the time provided, the applicant is taken to have withdrawn the
application.
Clause 157 Licence taken to be in force while renewal
application is considered
Clause 157 provides that, if a licence holder applies for a licence renewal
and a decision has not been made by the date the applicant's previous
licence is scheduled to expire, the previous licence is taken to continue in
force from the day it would have ended until either the application for
renewal is granted or, if the application is refused, until an information
notice for the decision is given to the applicant.
This provision ensures that, should there be a delay in making a final
decision about a renewal, a gap does not occur between the expiry of the
original licence and the commencement of the renewed licence.
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Part 4 Amendment of licences
Clause 158 Application for amendment of licence
Clause 158(1) provides that a PID licence holder may apply to the chief
executive for an amendment of the licence, including an amendment of any
condition imposed by the chief executive.
Clause 158(6) states that a licence may be amended by endorsing the
existing licence with the details of the amendment or by cancelling the
original licence and issuing another.
Clause 158(2) states that the application must be in the approved form,
must be signed by or for the applicant, and must be accompanied by the
prescribed fee.
Under clauses 158(3) to (5), the chief executive must decide to amend or
refuse to amend the licence, or impose a condition on the amended licence.
If the chief executive decides to refuse to amend the licence or impose
conditions on the amended licence, the chief executive must immediately
give the applicant an information notice setting out the reasons for the
decision that an appeal can be made against the decision, and the process
for initiating an appeal.
Clause 159 Inquiries into application for amendment
Clause 159 provides that the chief executive may require the applicant to
provide further information or documentation to help in making a decision
about the application for amendment. The applicant must be given at least
28 days in which to provide the information or documentation.
If the applicant does not provide the required information within the given
time, the applicant is taken to have withdrawn the application.
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Animal Management (Cats and Dogs) Bill 2008
Part 5 Suspension or cancellation of
licences
Clause 160 Chief executive may impose suspension or
cancel.
Clause 160 provides that the chief executive may suspend or cancel a
licence if satisfied that that a ground under Clause 161 exists.
Clause 161 Grounds for suspension or cancellation
Clause 161 sets out the circumstances that form grounds for the suspension
or cancellation of a PID registry licence. Grounds include that the licence
holder has done something that means he or she is no longer considered a
suitable person to hold a licence; the holder has contravened a condition of
the licence; or the licence was granted on the basis of a materially false or
misleading representation or declaration.
Clause 161(2) provides that the chief executive may have regard to the
matters set out in clause 147 (Suitability of person to be licence holder) to
decide whether a person is a suitable person to hold a licence.
Clause 162 Show cause notice
Clause 162 provides that the where the chief executive believes there are
grounds to suspend or cancel a licence, the chief executive must give a
show cause notice to the holder of the licence. The show cause notice must
include the proposed action that the chief executive is taking under this
subdivision, the grounds and associated circumstances for the proposed
action and, if relevant, the proposed suspension period. In the interests of
natural justice, the show cause notice should also invite the holder to,
within 21 days after receiving the show cause notice, show why the
proposed action should not be taken.
Clause 163 Representations about show cause notices
Clause 163 provides that a holder of an animal registry licence may make
written representations about the show cause notice and the chief executive
must consider all representations.
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Clause 164 Ending show cause process without further
action
Clause 164 provides that the chief executive must not take any further
action about the show cause notice if, after considering the holder's
representations, the chief executive no longer believes a ground exists to
suspend or cancel the licence.
The chief executive must give the holder a notice that no further action is to
be taken about the show cause notice.
Clause 165 Suspension or cancellation
Clause 165 provides the circumstances in which the chief executive may
suspend or cancel a holder's licence.
If the chief executive considers the holder's representations made under
clause 163 and still believes a ground exists or there are no accepted
representations from the holder the chief executive may suspend or cancel
the licence as proposed in the show cause notice.
The chief executive must immediately give an information notice for the
decision to the holder.
Clause 166 Immediate suspension
Clause 166 provides the circumstances in which the chief executive may
immediately suspend a holder's licence.
For the suspension to take effect, the holder of the licence must be given an
information notice about the decision made by the chief executive as well
as a show cause notice. The suspension commences as soon as the notices
are given and remains in place until the earliest of the following
circumstances is satisfied: the chief executive cancels the remaining period
of the suspension; the show cause notice is finally dealt with; 28 days have
passed since the notices were given to the holder.
If a licence holder has returned their licence to the chief executive, the chief
executive must return the licence to the holder as soon as practicable if; the
chief executive cancels the remaining suspension period, a decision is
made regarding the show cause notice to lift the suspension or not cancel
the licence or 28 days passes since the information and show cause notices
were given to the holder.
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Clause 167 Return of suspended or cancelled licence to chief
executive
Clause 167 provides that where the chief executive has cancelled or
suspended a licence, the licence holder must return the licence to the chief
executive within 7 days after receiving the information notice, unless the
holder has a reasonable excuse. The maximum penalty is 20 units.
Clause 168 Effect of suspension or cancellation of licence
Clause 168 provides that if the PID Registry licence is suspended or
cancelled or otherwise ends, the holder must give the chief executive all
records kept and maintained for the purpose of the PID registry service
provided by the holder within 5 days of the termination of the licence.
Part 6 Other provisions about licences
Clause 169 Surrender of licence
Clause 169 provides that a licence holder may surrender the licence by
notice, accompanied by the holder's licence, to the chief executive.
Surrendering of the licence is deemed to take effect on the later of the
following the day the notice is given or the day stated in the notice.
Clause 170 Application for replacement of licence
Clause 170 enables a licence holder to apply for replacement of a
certificate of the holder's licence, if the licence has been damaged,
destroyed, lost or stolen. The licence holder must make the application to
the chief executive and include the circumstances in which the licence was
damaged, destroyed, lost or stolen as well as the fee for replacement as
prescribed under a regulation.
Clause 171 Decision about application for replacement of
licence
Clause 171 provides that the chief executive must consider the application
for replacement of a holder's licence and either grant or refuse the
application. If the chief executive decides to refuse to grant the application
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the chief executive must immediately give the applicant an information
notice for the decision.
Chapter 7 Registers
Part 1 Registers kept by chief executive
Clause 172 Chief executive must keep registers
Clause 172 provides that the chief executive must keep a State-wide
register of the regulated dogs in Queensland and that it should contain
information provided by the chief executive officers of the local
governments. The development of a regulated dog register is to ensure
regulated dogs can be tracked throughout the State. Local governments
will have authority to access the register, update the register and run reports
from the register.
The chief executive must keep a register of PID register licence holders
which contains the information required to be stated on the licence under
clause 154 (Form of licence).
Clause 173 Who may inspect registers
Clause 173 outlines those persons who are permitted to inspect the register.
The persons listed are persons with a particular role in maintaining the
integrity of the register or who have a role in performing functions under
this Act.
Public information contained within the register may be inspected free of
charge at the Department's head office during normal business hours or a
person may receive a copy of the information available to them after paying
a prescribed fee.
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Clause 174 Chief executive officer must give information
Clause 174 provides that the chief executive officer of each local
government must provide the chief executive with specified details of
regulated dogs in the relevant local government area.
Clause 175 Chief executive officer must give information
about owner
Clause 175 provides that the chief executive officer of each local
government must provide the chief executive with specified details of
changes in the circumstances of owners of regulated dogs in the relevant
local government area, such as a change of address, within 7 days of
receiving the information.
Clause 176 Chief executive may ask for confirmation of
particular information
Clause 176 provides that the chief executive may ask the chief executive
officer of each local government with a written statement as to whether
information held by the State-wide register is still accurate and that the
chief executive officer must respond within 28 days of receiving the
request.
Clause 176(2) provides that the request must be in writing and may be
made only once each 12 months.
Part 2 Registers kept by local
government
Clause 177 Registers comprising cat and dog registry
Clause 177 provides that a local government must maintain a general
register of cats and dogs, if another register is prescribed under a
regulation, the local government must also maintain that register. The
registries are collectively called the cat and dog registry of the local
government.
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Clause 178 General register
Clause 178 provides that the chief executive officer of each local
government must ensure the register includes: registration information
under Clause 49 (Relevant local government must give registration notice)
about the cat or dog. Information on declared dangerous dogs and declared
menacing dogs required to be stated in the register includes, if the dog is a
regulated dog, the number recorded on its collar or its identification tag,
and other information the local government considers appropriate.
Clause 179 - Public access to registers
Clause 179 provides that each local government must keep its cat and dog
registry open to inspection, however, information outlined in clause 47
about the owner of a cat or dog is not open to public inspection.
Chapter 8 Reviews and appeals
Part 1 Review of decisions
Clause 180 Appeal process starts with review
Clause 180 provides that a person who has been given an original decision
must, in the first instance, apply for a review of the original decision.
The inclusion of a review process preserves the principles of natural justice
and allows for questions of fact to be resolved without instituting legal
proceedings. This provision also provides an opportunity for local
governments to have far greater control over and awareness of how their
officers are enforcing the various provisions of this Act.
Clause 181 Who may apply for review
Clause 181 provides that an interested person for an original decision may
apply to the:
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· chief executive officer for a review of a local government
decision, or
· chief executive of the administering department for a decision
made under chapter 2, part 1, division 3, subdivision 2, or chapter
6.
An interested person is a person who has been given, or is entitled to be
given, an information notice or if the decision relates to a cat or dog--the
owner of, or responsible person for, the cat or dog.
Clause 182 Requirements for making PID review application
Clause 182(1) sets out the requirements for making a PID review
application. These include the requirement that the PID review application
must be submitted on an approved form, must contain enough information
for the chief executive to make a decision and must be submitted within 14
days of the applicant being given the original decision.
Clause 182(2) enables the chief executive to extend the time for making the
PID review application.
Clause 183 Requirement for making general review
application
Clause 183 operates in the same manner as clause 182, but is concerned
with non-PID review applications.
Clause 184 Stay of operation of original decision
Clause 184 provides that all decisions must be reviewed within the local
government before making an appeal to the Magistrates Court. The local
government review (clause 184(1)) does not stay the original decision.
However, clause 184(2) allows the appellant to appeal immediately to the
court to stay the decision while the local government review is in progress.
Clause 184(3) allows the stay to remain in place throughout the review and
a subsequent appeal to the court (if any). Clause 184(6) states that the stay
must cease when the local government review is decided or after any later
period the court allows for the appellant to appeal the local government
decision. An example is a decision that a dog must be destroyed: the dog
would not be destroyed until the appeal process had been exhausted.
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Clause 185 PID review decision
Clause 185 provides that the chief executive officer must conduct the
review of the original decision and make a decision to confirm, amend, or
substitute the original decision within 20 days of receiving the PID review
application from the interested person.
To ensure that the review decision is not influenced by the original decider,
the review application cannot be dealt with by the person who made the
original decision or a person holding an equal or less senior office.
If the original decision is made by the chief executive officer, he or she
does not have to comply with clause 185(2) because the chief executive
officer is the most senior officer employed by the local government and
consequently no other officer fits within the requirements of clause 185.
Clause 186 Other review decisions
Clause 186 operates in the same manner as clause 185 but is concerned
with the making of a review decisions relating to an original decision of a
local government.
Clause 187 Notice of PID decision or review decision
Clause 187 provides that the chief executive of a relevant local government
or the chief executive must give the applicant the review decision within 10
days of making the review decision.
The review decision must state the reasons for the decision; that the
applicant has 14 days following the review decision to appeal against the
decision with the Magistrates Court; how to appeal; and that the applicant
may apply to the court for a stay of the decision.
If the chief executive officer of the relevant local government or the chief
executive does not provide the applicant with the review decision within 10
days of making the decision, the review decision is taken to confirm the
original decision.
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Animal Management (Cats and Dogs) Bill 2008
Part 2 Appeals
Clause 188 Who may appeal
Clause 188 provides that a person who is given a review decision under
chapter 8, part 1 of the Bill may appeal against the decision to a
Magistrates Court.
Clause 189 Starting appeal
Clause 189 sets out the requirements for starting an appeal in the
Magistrates Court.
The purpose of including a judicial appeal process through the Magistrates
Court is to allow the applicant to appeal the review decision based on a
question of law or a question of fact.
Clause 190 Stay of operation of review notice
Clause 190 provides that the Magistrates Court may grant a stay of a
review notice to secure the effectiveness of the appeal. The stay may be
granted on conditions the Magistrates Court considers appropriate.
Clause 190(3) provides for conditions of a stay if the dog is the subject of a
regulated dog declaration, such as muzzling and effective control
requirements and prohibition on supply.
Ensuring that these conditions remain during the review and appeal process
enhances community safety until an outcome of the review and appeal
process is determined.
Clause 190(4) provides that a court can not grant a stay beyond the time
taken by the court to decide the appeal.
Clause 190(5) provides that an appeal against a decision in a review notice
affects the decision, or the carrying out of the decision, only if it is stayed.
If the original or review notice is not stayed during the review and appeal
process all conditions in the notice remain applicable to the applicant.
Clause 191 Hearing procedures
Clause 191 provides for the hearing procedures for the Magistrates Court in
deciding an appeal.
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Clause 192 Court's powers on appeal
Clause 192 outlines the Magistrates Court's powers on appeal.
Clause 193 Appeal to District Court
Clause 193 provides that a decision of the Magistrates Court can be
appealed in the District Court, but only in relation to a question of law.
Chapter 9 Miscellaneous provisions
Part 1 General offence
Clause 194 Particular persons must ensure dog does not
attack or cause fear
Clause 194 provides that a relevant person for a dog must take reasonable
steps to ensure that the dog does not attack or cause fear in a person or
another animal. The maximum penalty of 300 penalty points reflects the
seriousness of situations in which a dog causes severe damage to, or kills, a
person.
This offence is intended to ensure that a relevant person for a dog which
has behaved dangerously or menacingly, who has chosen to surrender the
dog rather than keep it under strict keeping and control conditions, is held
accountable for the actions of the dog.
Clause 195 Defences
Clause 195 provides a number of specific defences to an offence under
clause 194.
The defences contained within clause 195 allow the defendant to prove if
their dog attacked or acted in a way that caused fear to the person or animal
in certain situations including provocation, hunting on private property, if
the dog was a working dog acting within its role or the dog was a
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Animal Management (Cats and Dogs) Bill 2008
government authority dog and the offence happened when the dog was
acting within the scope of their role.
Clause 196 Prohibition on allowing or encouraging dog to
attack or cause fear
Clause 196 provides that it is an offence for a person to allow or encourage
an animal to attack or cause fear in a person or another animal. The intent
of this clause is to ensure that dogs are not used as weapons. This does not
preclude dogs being trained for legitimate purposes outlined in clause 195.
The maximum penalty for such an offence is 300 penalty points.
Part 2 Greyhounds
Clause 197 Muzzling decommissioned greyhounds in public
places
Clause 197 provides a decommissioned greyhound may be in a public
place without it being muzzled, despite any local law. The dog must not be
a declared dangerous or menacing dog and it must have successfully
completed a program prescribed under a regulation.
Such a program would include the Greyhound Queensland's Greyhound
Adoption Program (GAP) training. Under GAP, greyhounds are
microchipped, desexed, and obedience trained and after completion wear
specially designed collars to indicate that they have undergone the program
and been certified. The completion of a program of this nature addresses
the public safety concerns relevant to this legislative scheme.
Part 3 Legal provisions
Division 1 Evidence generally
Clause 198 Evidentiary value of copies
Clause 198 provides that a copy of a document that is claimed to be made
under the authority of a local government or its mayor and claimed to be
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verified by the mayor or authorised by an employee of the local
government is taken to be a document made under the local government's
authority as long as there is no evidence to the contrary.
A copy of a document in a proceeding is considered as if it is the original
document.
Clause 199 Evidentiary value of certificates
Clause 199 provides that a certificate claimed to be signed by the chief
executive officer of a local government containing information on or from a
local government record is evidence in a proceeding of the matters
contained in the certificate.
Division 2 Evidence for proceedings
Clause 200 - Application of div 2
Clause 200 provides that this division (division 2 evidence for proceeding
under Act) applies to proceedings in relation to this Act.
Clause 201 Appointments and authority
Clause 201 provides a presumption on the appointment of an authorised
person and their powers under chapter 5 unless, with reasonable notice, a
party to the proceeding requires proof of either the appointment of an
authorised person or their powers under this chapter and chapter 5.
The purpose of this clause is to only require a local government to prove
the appointment of a person and their powers if reasonable notice is given
of this requirement.
Clause 202 Veterinary surgeon certificates
Clause 202 provides that a certificate claimed to be signed by a veterinary
surgeon stating that a dog is of a breed mentioned in clause 63(1) is
considered evidence of the matter.
The purpose of clause 202 is to allow a local government to rely on the
expert opinion from a veterinary surgeon on the breed of the dog.
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Clause 203 Other evidentiary aids
Clause 203 provides for the application of clause 198 (Evidentiary value of
copies) for a proceeding about an offence under this Act. The provision is
necessary to ensure that the matters listed in this clause are taken to be a
record of a local government within the meaning of clause 198 and
therefore admissible as evidence in a proceeding under this Act.
Division 3 Other provisions
Clause 204 False or misleading information
Clause 204 provides that is an offence for a person to give information that
the person knows to be false or misleading (either orally or in a document)
to the chief executive, the chief executive officer of a local government, an
authorised person, an authorised implanter or a registry licence holder.
A maximum penalty of 100 penalty units applies.
Part 4 Delegation of powers
Clause 205 Delegation by chief executive
Clause 205 provides that the chief executive of the department has the
authority to delegate the chief executive's powers under this Act to an
officer of the department who has the qualifications, experience and
standing appropriate to exercise the power.
Clause 206 Delegation by chief executive officer
Clause 206 provides that the chief executive officer of a local government
has the authority to delegate the chief executive officer's powers under this
Act to an officer of the relevant local government who has the
qualifications, experience and standing appropriate to the exercise of the
power.
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Part 5 Miscellaneous
Clause 207 References to right to enter
Clause 207 provides that a right to enter a place under this Act includes the
right to leave and re-enter the place from time to time and remain on the
place for the time necessary to achieve the purpose of entry.
Clause 208 Payment of penalties for offences against
particular provisions
Clause 208 provides that any penalties imposed by a court for offences
under chapter 4 or clause 134 (failure to comply with notice) of the Act
must be paid to a local government decided by the court, despite the Local
Government Act 1993 and the Acts Interpretation Act 1954.
Clause 209 Approval of forms
Clause 209 provides that the chief executive of the department and the
chief executive officer of a local government may approve forms as
specified under this Act.
Clause 210 Regulation-making power
Clause 210 provides that the Governor in Council may make regulations as
specified under this Act about the issues outlined in clause 210(2).
Clause 210 also provides that a regulation may prescribe a penalty of no
more than 20 penalty units for contravention of a regulation.
Chapter 10 Transitional provisions
Clause 211 - Deferral for particular local governments
Clause 211 provides that, on 1 July 2009, the Act will commence for local
governments located in south-east Queensland, being Brisbane City
Council, Gold Coast, Ipswich, Lockyer Valley, Moreton Bay, Redland,
Scenic Rim, Somerset, Sunshine Coast, and Toowoomba.
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Provisions relating to the management of menacing, dangerous and
restricted dogs will commence on 1 July 2009 for all local governments,
but those relating to registration and microchipping of cats and dogs will
commence by proclamation for local governments other than south-east
Queensland local governments when the local governments have developed
their resources to be in a position to carry out their responsibilities under
the Act.
Clause 212 Restricted dog register
Clause 212 provides that local governments are required to keep a
restricted dog register. SEQ councils are required to keep a restricted dog
register as part of their general register as outlined in clause 178.
Clause 213 Cats and dogs implanted before commencement
Clause 213 provides that clause 37 applies, from the commencement of this
clause, to a person who, before the commencement of this clause,
implanted a PID in a cat or a dog and has kept, or keeps, any identifying
information for the cat or dog.
Clause 214 Regulated dogs must be implanted with a PPID
Clause 214 provides the owner of a regulated dog must ensure the dog is
implanted with a PPID within 14 days after the commencement of this
section, unless they have a reasonable excuse for non-compliance. Clause
214(2) provides that it is a defence to a prosecution for an offence under
this clause if there is a signed veterinary surgeon's certificate, or other
evidence, stating that the dog is implanted with a PID or that implanting the
dog with a PPID is likely to be a serious risk to its health. The maximum
penalty prescribed for non-compliance is 75 penalty units.
Clause 215 Desexed cat or dog at commencement need not
be tattooed for desexing
Clause 215 provides that the owner of a cat or dog that was desexed at the
commencement of chapter 2, part 2 does not contravene clause 42 (1) if the
cat or dog is not tattooed for desexing.
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Clause 216 Cat or dog not registered at commencement
Clause 216 provides that the owner of a cat or dog that is unregistered at
the commencement of this Act must register the cat or dog within a
specified timeframe after the commencement of the Act. This clause
applies to cats or dogs that are required to be registered under clause 44 of
this Act.
Clause 217 Restricted dog under Local Government Act 1993
Clause 217 provides that a dog that was a restricted dog under LGA section
1193E before the commencement of this Act is taken to be a restricted dog
under clause 63 (What is a restricted dog). This includes a cross-breed that
was declared to be a restricted dog or was granted a restricted dog permit
under the LGA.
Clause 218 Permit applications
Clause 218 provides that if a permit application was made under LGA
section 1193Q but was not finally decided before the commencement of
this Act, the application is taken to be a permit application under clause 72
(Who may apply for permit). Consequently, consideration of the
application will continue under clause 72.
Clause 219 Restricted dog register kept under Local
Government Act 1993 continues
Clause 219 provides that a restricted dog register kept under section
1193ZN of the LGA before the commencement of this Act is considered to
be a restricted dog register under clause 212 (Restricted dog register) of
this Act. This will ensure the obligation for local governments to maintain
these registers continues under this Act.
Clause 220 Person given or entitled to be given information
notice
Clause 220 provides that a person who was entitled to appeal against a
decision as mentioned in section 1193ZZH of the LGA, but has not
commenced an appeal under section 1193ZZI of the LGA before the
commencement of this Act, may apply for a review of the decision under
chapter 8 of this Act as if the appeal had been made under this Act.
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Clause 221 Registration of dog or cat continues
Clause 221 provides that a restricted dog registered under the LGA before
the commencement of this section, or any cat or dog registered under a
local law before the commencement of this section, is taken to be registered
under chapter 3.
Chapter 11 Amendment of other Acts
Part 1 Amendment of City of Brisbane
Act 1924
Clause 222 Act amended in pt 1
Clause 222 provides that part 1 amends the City of Brisbane Act 1924.
Clause 223 Amendment of s 3A (Application of the Local
Government Act)
Clause 223 omits the eleventh dot point from the City of Brisbane Act
1924, section 3A(2). Section 3A(2) lists provisions of the LGA that apply
to Brisbane City Council and the eleventh dot point refers to the LGA
chapter 17A. The omission of the reference is consequential to the
relocation of chapter 17A to this Act.
Part 2 Amendment of Local
Government Act 1993
Clause 224 Act amended in pt 2
Clause 224 provides that part 2 amends the Local Government Act 1993.
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Animal Management (Cats and Dogs) Bill 2008
Clause 225 Amendment of s 9 (Act applies only so far as
expressly provided)
Clause 225 omits from section 9(2) of the LGA, the eleventh dot point that
provided for the application of chapter 17A of the LGA to Brisbane City
Council. Chapter 17A of the LGA is being relocated to this Bill.
Clause 226 Amendment of s 31 (Inconsistency with State law)
Clause 226 omits section 31(2) which referred to section 1193D. Section
1193D is part of chapter 17A which is being relocated to this Bill.
Clause 227 Amendment of s 441C (Definitions for div 3)
Clause 227 amends section 441C to clarify that the application of the
caretaker period arrangements to not apply to a by-election.
Clause 228 Omission of ch 15, pt 5, div 10 (Special provision
for local laws about dogs)
Clause 228 amends the LGA by omitting chapter 15, part 5, division 10
(Special provision for local laws about dogs). The provisions of chapter
15, part 5, division 10 have been reviewed and inserted into this Bill. The
omission of chapter 15, part 5, division 10 at the same time this Bill comes
into force will ensure that legislation relating to dangerous dog entry and
seizure provisions will remain continuously in force.
Clause 229 Omission of ch 17A (Regulation of restricted
dogs)
Clause 229 amends the LGA by omitting chapter 17A (Restricted dogs).
The provisions of chapter 17A have been reviewed and inserted into this
Bill. The omission of chapter 17A at the same time this Act comes into
force will ensure that legislation relating to restricted dogs will remain
continuously in force.
Clause 230 Amendment of sch 2 (Dictionary)
Clause 230 amends the LGA by omitting a number of definitions that relate
to chapter 17A of the LGA. Following the omission of chapter 17A these
definitions are no longer necessary for purposes of the LGA. The omitted
definitions have been reviewed and inserted into this Bill.
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Schedule 1 Permit conditions and conditions
applying to declared dangerous and
menacing dogs
Item 1 Definitions for sch 1
Item 1 provides a definition for relevant dog, relevant person and relevant
place as related to schedule 1.
Item 2 Identification
Item 2 provides that a relevant dog must be implanted with a PPID, wear a
collar with an identifying tag at all times and that the tag must be of the
type, and contain the information, prescribed under regulation. In ensuring
community safety it is important that a relevant dog can be quickly and
easily identified.
Item 3 Muzzling and effective control in public
Item 3 provides that a relevant dog must be muzzled and under the effective
control of an adult when in a public place unless it is enclosed in a vehicle
in such a way that any part of it is prevented from being outside the vehicle.
Relevant dogs have demonstrated a propensity to behave dangerously, or
are presumed inherently dangerous, and therefore they must wear a muzzle
that does not allow them to bite a person or other animal.
Item 4 Enclosure
Item 4 provides the conditions for a relevant dog enclosure.
It is important that all relevant dogs are contained in appropriate enclosures
and that the enclosures have self-closing gates, are child proof and are
constructed in accordance with a regulation. This will ensure a relevant
dog cannot get under, over or through the enclosure walls and most
importantly will prevent children from entering the enclosure of a relevant
dog.
Item 5 Public Notice
Item 5 provides for the placement of signs to notify persons of the presence
of a relevant dog at all entrances to the relevant place for a relevant dog.
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The precise nature of the sign will be prescribed under a regulation.
It is important that the general public are aware of where relevant dogs are
being kept and signs will ensure people can avoid entering places where
relevant dogs are kept.
Item 6 Place where relevant dog is usually kept
Item 6 provides that a relevant dog must not be usually kept at a place other
than the relevant place for that dog.
Item 7 Notice of other restricted dog permit for dog
Item 7 provides that a permit holder must immediately give the relevant
local government written notice if another restricted dog permit is obtained
for an existing restricted dog. This provision applies where there is a
change in the address for the relevant place where the restricted dog is kept
which places the dog outside the relevant local government area.
Item 8 Notice of change of address
Item 8 provides that a restricted dog permit holder must notify the relevant
local government within seven days of any change of residential address.
If the new residential address is in another local government area, the
owner or permit holder must also notify the other local government.
While the time period is short, this information is crucial for returning lost
animals to their owners. Moving house or changing owners is the time
when animals are most likely to go missing and unless the owners can be
found quickly, the animals may be deemed 'unable to be returned'.
This provision only relates to the owner or permit holder's residential
address and not to the relevant place, though these places may be the same.
Schedule 2 Dictionary
Schedule 2 defines the terms used within this Bill.
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The definition of working dog is intended to be very limited. It applies only
to dogs that are used to work with other animals, such as sheep or cattle, on
a rural property and are not usually taken into urban areas.
The term is not intended to include dogs that are used as hunting dogs or
pig dogs, nor is it intended to cover security or guard dogs. These dogs
must be registered and microchipped.
While dogs defined as working dogs are exempt from mandatory
registration and microchipping, this does not mean they are not permitted
to be registered or microchipped. For example, an owner may decide it is
in his or her interests to have a valuable working dog microchipped in order
to prove its identity and ownership should it be stolen.
© State of Queensland 2008
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