ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - As at 1 February 2024 - Act 74 of 2008
- As at 1 February 2024 - Act 74 of 2008Table of Provisions
CHAPTER 1 - PRELIMINARY
PART 1 - INTRODUCTION
PART 2 - PURPOSES AND APPLICATION OF ACT
Division 1 - Purposes
Division 2 - Application
- 5 Act binds all persons
- 6 Relationship with local laws
- 7 Act does not affect other rights or remedies
PART 3 - INTERPRETATION
Division 1 - Dictionary
Division 2 - Key definitions
- 9 Who is an owner of a cat or dog
- 10 Who is a responsible person for a dog
- 11 What is a cat or dog
- 12 Identification devices under Act
- 12A When a person breeds a dog
CHAPTER 2 - IDENTIFICATION OF CATS AND DOGS
PART 1 - PRESCRIBED PERMANENT IDENTIFICATION DEVICES
Division 1 - Obligation on owner of cat or dog
13. (Repealed)Division 2 - (Repealed)
Division 3 - Implanting PPIDs
Subdivision 1 - General restriction- 21 Only authorised implanter may implant PPID Subdivision 2 - Requirements for authorised implanters
- 22 Electronic identification device that is not a PPID must not be implanted
- 23 Requirements for PPID
- 24 Age restriction for implanting PPID
- 25 PPID information must be given to licence holder
- 26 PPID information must be kept Subdivision 3 - Regulation of authorised implanters
- 27 Chief executive may suspend or prohibit
- 28 Grounds for suspension or prohibition
- 29 Show cause notice
- 30 Representations about show cause notice
- 31 Ending show cause process without further action
- 32 Suspension or prohibition
- 33 Immediate suspension
Division 4 - Removing PPIDs
Division 5 - PPID registry services
Division 6 - Giving identifying information and PPID information
- 37 Authorised implanter may give identifying information or PPID information to particular persons
- 38 Licence holder may give identifying information or PPID information to particular persons
- 39 Relevant local government may give identifying information to particular persons
Division 7 - Pound or shelter operators
- 40 Operator must ensure cat or dog is scanned
- 41 Protection of particular persons dealing with cat or dog
PART 2 - DESEXING TATTOOS
CHAPTER 2A - REGISTRATION OF DOG BREEDERS AND RELATED MATTERS
PART 1 - PRELIMINARY
- 43A Definitions for chapter
- 43B Who is an accredited breeder
- 43C What is an accreditation number
- 43D Who is an ineligible person
PART 2 - REGISTRATION OF DOG BREEDERS
Division 1 - Registration
- 43E Registration obligation
- 43F Applying for registration
- 43G Registration of person as registered breeder
- 43H Period of registration
- 43I No transfer of registration
Division 2 - Renewal of registration
- 43J Chief executive must give renewal notice
- 43K Applying for renewal of registration
- 43L Renewal of registration
- 43M Period of renewal of registration
Division 3 - Amendment of registration
- 43N Registered breeder must give chief executive changed information
- 43O Chief executive must record changed information and give notice of change
Division 4 - Suspension or cancellation of registration
- 43P Grounds for suspension or cancellation
- 43Q Show cause notice
- 43R Representations about show cause notice
- 43S Ending show cause process without further action
- 43T Suspension or cancellation
- 43U Immediate suspension
PART 3 - APPROVED ENTITIES
- 43V Definition for part
- 43W Approved entity may be prescribed
CHAPTER 2B - SUPPLY OF CATS AND DOGS
PART 1 - PRELIMINARY
- 43X What is a dog’s relevant supply number
PART 2 - REQUIREMENT FOR CAT OR DOG TO BE IMPLANTED
- 43Y Supplier must ensure cat or dog is implanted
PART 3 - REQUIREMENT FOR RELEVANT SUPPLY NUMBER FOR DOG
- 43Z Supplier must know dog has relevant supply number
- 43ZA Exceptions for supply of dog
- 43ZB Advertiser must know dog has relevant supply number
- 43ZC Advertisement must include relevant supply number
- 43ZD Exceptions for advertising supply of dog
- 43ZE Printer or publisher not liable in particular circumstances
PART 4 - REQUIREMENT TO GIVE PARTICULAR DETAILS AND FORM
- 43ZF Supplier of dog must give particular details and form
PART 5 - EXEMPTION NUMBERS FOR SUPPLY OF DOGS
Division 1 - Preliminary
- 43ZG Eligible person—primary producer
- 43ZH Eligible person—prescribed person
- 43ZI Eligible person—owner or responsible person
Division 2 - Applications for exemption numbers
- 43ZJ Applying for exemption number
- 43ZK Deciding application
- 43ZL Failure to decide application
- 43ZM Chief executive must issue exemption number
CHAPTER 3 - DOG REGISTRATION
PART 1 - PARTICULAR PERSON’S OBLIGATIONS
PART 2 - HOW DOG IS REGISTERED
- 46 What owner must do
- 47 What registration form must state
- 48 Chief executive officer may ask for further information
- 49 Relevant local government must give registration notice
- 50 Duration of registration
- 51 Local government must keep registration form and information
- 52 Registration fee must be fixed to give desexing incentive
- 53 Registration fee to be used for achievement of Act’s purposes
PART 3 - AMENDMENT OF REGISTRATION
PART 4 - RENEWAL OF REGISTRATION
- 56 Relevant local government must give renewal notice
- 57 What owner must do
- 58 Relevant local government’s obligations if owner complies
CHAPTER 4 - REGULATED DOGS
PART 1 - PRELIMINARY
Division 1 - Purpose and application of chapter
- 59 Purpose of ch 4 and its achievement
Division 2 - Interpretation
- 60 What is a regulated dog
- 61 What is a declared dangerous dog
- 62 What is a declared menacing dog
- 63 What is a restricted dog
- 63A Provisions for deciding what is a breed of dog
- 64 When a regulated dog is under effective control
PART 2 - GENERAL RESTRICTIONS AND PROHIBITIONS
Division 1 - Application of part
- 65 Application of pt 2
Division 2 - General prohibitions
- 66 Prohibition on supply of restricted dog
- 67 Prohibition on supply of declared dangerous dog or menacing dog
- 68 Abandonment prohibited
Division 3 - Restricted dogs and declared dangerous dogs only
- 69 Prohibition on breeding
- 70 Compulsory desexing of declared dangerous dog or restricted dog
Division 4 - Restricted dogs only
- 71 Permit required for restricted dog
PART 3 - RESTRICTED DOG PERMITS
Division 1 - Obtaining permit for restricted dog
Subdivision 1 - Permit applications- 72 Who may apply for permit
- 73 Requirements for application
- 74 Inquiries into application for permit
- 75 Deciding application
- 76 Criteria for decision Subdivision 2 - Action after decision on application
- 77 Grant of application
- 78 Duration of permit
- 79 Notice of refusal of permit application
Division 2 - Permit conditions
Division 3 - Renewal of permit
- 82 When permit may be renewed
- 83 Requirements for renewal application
- 84 Deciding renewal application
- 85 Duration of renewed permit
Division 4 - Amendment of permits
Division 5 - Miscellaneous
- 88 No transfer of restricted dog permit
PART 4 - REGULATED DOG DECLARATIONS
- 89 Power to make declaration
- 90 Notice of proposed declaration
- 91 Proposed declaration notice does not limit other powers
- 92 Withdrawing proposed declaration notice
- 93 Owner’s obligation if proposed declaration notice in force
- 94 Making declaration
- 95 Notice and taking effect of declaration
PART 5 - APPLICATION OF PARTICULAR PERMIT CONDITIONS FOR DECLARED DANGEROUS OR MENACING DOGS
PART 6 - MISCELLANEOUS PROVISIONS
- 99 Failure to decide application taken to be refusal
- 100 Surrender of regulated dog
- 101 Defence for regulated dog owner
- 102 Recovery of seizure or destruction costs
- 103 Cost of regulated dog enclosure—dividing fence
CHAPTER 5 - INVESTIGATION, MONITORING AND ENFORCEMENT
PART 1 - AUTHORISED PERSONS
- 104 Appointment and qualifications
- 105 Appointment conditions and limit on powers
- 106 Issue of identity card
- 107 Production or display of identity card
- 108 When authorised person ceases to hold office
- 109 Resignation
- 110 Return of identity card
PART 2 - ENTRY TO PLACES
Division 1 - Powers of entry
- 111 General power to enter places
- 112 Additional entry powers for particular dogs
- 113 Approval of inspection program authorising entry
- 114 Notice of proposed inspection program
- 115 Access to program
Division 2 - Entry procedures
Subdivision 1 - Consent- 116 Entry with consent Subdivision 2 - Warrants
- 117 Application for warrant
- 118 Issue of warrant
- 119 Application by electronic communication and duplicate warrant
- 120 Defect in relation to a warrant
- 121 Warrants—procedure before entry Subdivision 3 - Entry under other powers other than for public places
- 122 Procedure for other entries
PART 3 - POWERS ON ENTRY
- 123 General powers after entering places
- 124 Power to require reasonable help
- 125 Seizure powers for dogs
PART 4 - SEIZED DOGS
- 126 Application of pt 4
- 127 Power to destroy seized regulated dog
- 127A Concurrent regulated dog declaration and destruction order
- 128 Receipt for dog in particular circumstances
- 129 Access to seized dog
- 130 Return of particular dog
- 131 Return of particular dog to registered owner
PART 5 - COMPLIANCE NOTICES FOR REGULATED DOG OFFENCES
- 132 Power to give compliance notice
- 133 Requirements for giving notice
- 134 Failure to comply with notice
PART 6 - MISCELLANEOUS PROVISIONS
- 135 References in ch 5 to local government and authorised person
- 136 Impersonating authorised person
- 137 Obstruction of authorised person
- 138 Authorised person may ask police officer for help in exercising particular powers
- 139 Power to require name and address
- 140 Failure to comply with personal details requirement
- 140A Power to require information
- 140B Offence to contravene information requirement
- 141 Authorised person to give notice of damage
- 142 Compensation
CHAPTER 6 - PPID REGISTRY LICENCES
PART 1 - HOW LICENCE IS OBTAINED
- 143 Application for licence
- 144 What application must state
- 145 Consideration of application
- 146 Criteria for granting application
- 147 Suitability of person to be licence holder
- 148 Inquiries into application for licence
- 149 Decision on application for licence
- 150 Failure to decide application for licence
- 151 Duration of licence
PART 2 - PROVISIONS OF LICENCE
- 152 Mandatory conditions for licences
- 153 Licence holder must comply with licence conditions
- 154 Form of licence
PART 3 - RENEWAL OF LICENCES
- 155 Application for renewal of licence
- 156 Inquiries into application for renewal of licence
- 157 Licence taken to be in force while renewal application is considered
PART 4 - AMENDMENT OF LICENCES
PART 5 - SUSPENSION OR CANCELLATION OF LICENCES
- 160 Chief executive may impose suspension or cancel
- 161 Grounds for suspension or cancellation
- 162 Show cause notice
- 163 Representations about show cause notices
- 164 Ending show cause process without further action
- 165 Suspension or cancellation
- 166 Immediate suspension
- 167 Return of suspended or cancelled licence to chief executive
- 168 Effect of suspension or cancellation of licence
PART 6 - OTHER PROVISIONS ABOUT LICENCES
- 169 Surrender of licence
- 170 Application for replacement of licence
- 171 Decision about application for replacement of licence
CHAPTER 7 - REGISTERS
PART 1 - REGISTERS KEPT BY CHIEF EXECUTIVE
Division 1 - Registers to be kept
- 172 Chief executive must keep regulated dog register
- 172A Chief executive must keep licence holder register
- 172B Chief executive must keep breeder register
- 172C Chief executive may decide way registers to be kept
Division 2 - Publication of particular information contained in registers
Division 3 - Inspection of registers
- 173 Who may inspect regulated dog register
- 173A Who may inspect licence holder register
- 173B Who may inspect breeder register
- 173C Personal information on breeder register
- 173D Requesting copy of information
Division 4 - Giving of information
- 174 Chief executive officer must give information
- 175 Chief executive officer must give information about owner
- 176 Chief executive may ask for confirmation of particular information
PART 2 - REGISTERS KEPT BY LOCAL GOVERNMENT
CHAPTER 8 - REVIEWS
PART 1 - INTERNAL REVIEW OF DECISIONS
- 180 Internal review process before external review
- 181 Who may apply for internal review
- 182 Requirements for making designated review application
- 183 Requirements for making general review application
- 184 Stay of operation of original decision
- 185 Designated review decision
- 185A Internal review of concurrent regulated dog declaration and destruction order
- 186 Other internal review decisions
- 187 Notice of designated decision or internal review decision
PART 2 - EXTERNAL REVIEWS
- 188 Who may apply for external review
- 189 Condition on stay granted by QCAT for particular decisions 190. (Repealed) 191. (Repealed) 192. (Repealed) 193. (Repealed)
CHAPTER 9 - MISCELLANEOUS PROVISIONS
PART 1 - GENERAL OFFENCES
- 194 Relevant person must ensure dog does not attack or cause fear
- 195 Prohibition on allowing or encouraging dog to attack or cause fear
- 196 Defences for offence against s 194 or 195
PART 2 - GREYHOUNDS
- 197 Muzzling decommissioned greyhounds in public places
PART 2A - DESTRUCTION OF PARTICULAR DOGS
- 197A Destruction of particular dogs
PART 3 - LEGAL PROVISIONS
Division 1 - Evidence generally
- 198 Evidentiary value of copies
- 199 Evidentiary value of certificates
- 199A Evidentiary aid—certificate by chief executive
Division 2 - Evidence for proceedings
Division 3 - Other provisions
- 204 False or misleading information
PART 4 - DELEGATION OF POWERS
PART 5 - MISCELLANEOUS
- 207 References to right to enter
- 207A Chief executive (transport) must disclose information
- 207B Sharing of information with particular persons
- 207C Use of information by particular persons
- 208 Payment of penalties for offences against particular provisions
- 209 Approval of forms
- 209A Electronic notices
- 210 Regulation-making power
CHAPTER 10 - TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 74 OF 2008
- 211 Deferral for particular local governments
- 212 Restricted dog registers
- 213 Cats and dogs implanted before commencement
- 214 Regulated dogs must be implanted with a PPID
- 215 Desexed cat or dog at commencement need not be tattooed for desexing
- 216 Cat or dog not registered at commencement
- 217 Restricted dogs and convictions under repealed LGA chapter
- 217A Corresponding law regulated dogs and corresponding convictions
- 217B Local law dangerous dogs and corresponding convictions
- 218 Permit applications
- 219 Restricted dog register kept under Local Government Act 1993 continues
- 220 Person given or entitled to be given information notice
- 221 Registration of cat or dog continues
- 221A References to address of place stated in registration notice for cat or dog
PART 2 - TRANSITIONAL PROVISION FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2009
- 222 Provision about offences under s 24
PART 3 - TRANSITIONAL PROVISION FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2010
- 223 Provision about s 63A
PART 4 - TRANSITIONAL PROVISIONS FOR AGRICULTURE AND FORESTRY LEGISLATION AMENDMENT ACT 2013
Division 1 - Preliminary
- 224 Definitions for pt 4
- 225 Interpretation for pt 4
Division 2 - Continuation of former chapter 3 for declared local governments
- 226 Cat registration under former ch 3 continues for declared local government
Division 3 - Continuation of cat registration for local governments
- 227 Registration form for registration of cat
- 228 Registration fee paid to relevant local government under former s 53
PART 5 - TRANSITIONAL PROVISION FOR ANIMAL MANAGEMENT (PROTECTING PUPPIES) AND OTHER LEGISLATION AMENDMENT ACT 2016
- 229 Application of chs 2A, pt 2 and 2B, pt 3