ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 No. 74

Queensland Numbered Acts

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ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 No. 74

TABLE OF PROVISIONS

Contents

CHAPTER 1--PRELIMINARY

Part 1--Introduction

1. Short title
2. Commencement

Part 2--Purposes and application of Act

Division 1--Purposes

3. Purposes of Act
4. How purposes are to be primarily achieved

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

8. Definitions

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

CHAPTER 2--IDENTIFICATION OF CATS AND DOGS

Part 1--Prescribed permanent identification devices

Division 1--Obligation on supplier or owner of cat or dog

13. Supplier must ensure cat or dog is implanted
14. Owner must ensure cat or dog is implanted
15. Notice of changed identifying information
16. Notice of changed PID information

Division 2--Supplying PIDs

17. PID that is not PPID must not be supplied
18. Seller must not supply PPID other than to authorised implanter
19. Seller must give PID number to authorised implanter
20. Seller must give PID number to licence holder

Division 3--Implanting PIDs
Subdivision 1--General restriction

21. Only authorised implanter may implant PPID
Subdivision 2--Requirements for authorised implanters
22. PID that is not PPID must not be implanted
23. Requirements for PPID
24. Minimum age for cat or dog to be implanted
25. PID information must be given to licence holder
26. PID 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 PIDs

34. PID must not be removed or otherwise interfered with

Division 5--PID registry services

35. Person must not offer or provide PID registry service
36. Licence holder's obligations

Division 6--Giving identifying information

37. Authorised implanter may give identifying information to particular persons
38. Licence holder may give identifying 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

42. Desexed cat or dog must be tattooed
43. Person must not tattoo an undesexed cat or dog

CHAPTER 3--REGISTRATION

Part 1--Particular person's obligations

44. Registration obligation
45. Cat or dog must bear identification in particular circumstances

Part 2--How cat or 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

54. Amendment of registration
55. Relevant local government must give notice of change

Part 4--Renewal of registration

56. Relevant local government must give renewal notice
57. What owner must do
58. Relevant local government must give registration notice

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
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

80. Operation of div 2
81. Obligation to comply with permit conditions under sch 1

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

86. Application for change of place for permit
87. Amendment by relevant local government

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 obligations 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

96. Operation of pt 5
97. Declared dangerous dogs
98. Declared 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
128. Receipt for dog in particular circumstances
129. Access to seized dog
130. Return of dog if not regulated dog
131. Return of regulated 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
141. Authorised person to give notice of damage
142. Compensation

CHAPTER 6--PID 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

158. Application for amendment of licence
159. Inquiries into application for amendment

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

172. Chief executive must keep registers
173. Who may inspect registers
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

177. Registers comprising cat and dog registry
178. General register
179. Public access to registers

CHAPTER 8--REVIEWS AND APPEALS

Part 1--Review of decisions

180. Appeal process starts with review
181. Who may apply for review
182. Requirements for making PID review application
183. Requirements for making general review application
184. Stay of operation of original decision
185. PID review decision
186. Other review decisions
187. Notice of PID decision or review decision

Part 2--Appeals

188. Who may appeal
189. Starting appeal
190. Stay of operation of review notice
191. Hearing procedures
192. Court's powers on appeal
193. Appeal to District Court

CHAPTER 9--MISCELLANEOUS PROVISIONS

Part 1--General offences

194. Particular persons must ensure dog does not attack or cause fear
195. Defences
196. Prohibition on allowing or encouraging dog to attack or cause fear

Part 2--Greyhounds

197. Muzzling decommissioned greyhounds in public places

Part 3--Legal provisions

Division 1--Evidence generally

198. Evidentiary value of copies
199. Evidentiary value of certificates

Division 2--Evidence for proceedings

200. Application of div 2
201. Appointments and authority
202. Veterinary surgeon certificates
203. Other evidentiary aids

Division 3--Other provisions

204. False or misleading information

Part 4--Delegation of powers

205. Delegation by chief executive
206. Delegation by chief executive officer

Part 5--Miscellaneous

207. References to right to enter
208. Payment of penalties for offences against particular provisions
209. Approval of forms
210. Regulation-making power

CHAPTER 10--TRANSITIONAL PROVISIONS

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
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

CHAPTER 11--AMENDMENT OF OTHER ACTS

Part 1--Amendment of City of Brisbane Act 1924

222. Act amended in pt 1
223. Amendment of s 3A (Application of the Local Government Act)

Part 2--Amendment of Local Government Act 1993

224. Act amended in pt 2
225. Amendment of s 9 (Act applies only so far as expressly provided)
226. Amendment of s 31 (Inconsistency with State law)
227. Amendment of s 441C (Definitions for div 3)
228. Omission of ch 15, pt 5, div 10 (Special provision for local laws about dogs)
229. Omission of ch 17A (Regulation of restricted dogs)
230. Amendment of sch 2 (Dictionary)
SCHEDULE 1 -- PERMIT CONDITIONS AND CONDITIONS APPLYING TO DECLARED DANGEROUS AND MENACING DOGS
1. Definitions for sch 1
2. Identification
3. Muzzling and effective control in public
4. Enclosure
5. Public notice
6. Place where relevant dog is usually kept
7. Notice of other restricted dog permit for dog
8. Notice of change of address
SCHEDULE 2 -- DICTIONARY

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