DOG AND CAT MANAGEMENT ACT 1995

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 3 Objects
• 4 Interpretation
• 5 Owner of dog or cat
• 6 Person responsible for control of dog or cat
• 7 Dog wandering at large
• 8 Meaning of effective control of dog by means of physical restraint
• 9 Non-application of Act to certain dogs owned by Crown

PART 2--Dog and Cat Management Board and Fund

Division 1--Establishment of Board

• 10 Establishment of Board
• 11 Ministerial control

Division 2--Membership of Board and procedures

• 12 Composition of Board
• 13 Deputies of members
• 14 Conditions of membership
• 15 Vacancies or defects in appointment of members
• 16 Remuneration
• 17 Proceedings
• 18 Conflict of interest under Public Sector (Honesty and Accountability) Act
• 19 Common seal and execution of documents

Division 3--Operations of Board

• 21 Functions of Board
• 21A Accreditation of assistance dogs
• 21B Board may keep register relating to microchipped and desexed dogs and cats
• 22 Powers of Board
• 23 Operational plans, budgets and information
• 23A Delegation
• 24 Annual report

Division 4--Dog and Cat Management Fund

• 25 Dog and Cat Management Fund

PART 3--Administration and enforcement

Division 1--Authorised persons

• 25A Appointment of authorised persons
• 25B Identification of authorised persons
• 25C Area limitation on authorised persons appointed by councils
• 25D General powers of authorised persons

Division 2--Council responsibility for administration and enforcement

• 26 Council responsibility for management of dogs and cats
• 26A Plans of management relating to dogs and cats
• 31 Offence to hinder etc authorised person
• 31A Medical practitioner must notify Board of certain injuries resulting from dog attacks
• 32 Offences by authorised persons
• 32A Failure on part of council to discharge responsibilities

PART 4--Registration

• 33 Dogs must be registered
• 34 Registration procedure for individual dogs
• 35 Registration procedure for businesses involving dogs
• 36 Duration and renewal of registration
• 37 Notifications to ensure accuracy of registers
• 38 Transfer of ownership of dog
• 39 Rectification of register
• 41 Applications and fees

PART 4A--Microchipping and other identification

• 42A Dogs and cats to be microchipped
• 42B Further offence if certain dogs and cats not microchipped following offence against section 42A
42C. Further requirements relating to identification of certain dogs and cats

PART 4B--Desexing

• 42D Application of Part
• 42E Certain dogs and cats to be desexed
• 42F Further offence if certain dogs and cats not desexed following offence against section 42E

PART 5--Management of dogs

Division 1--Offences relating to duties of owners and others responsible for control of dog

• 43 Dogs not to be allowed to wander at large
• 44 Dogs not to be allowed to attack etc
• 45 Transporting unrestrained dogs in vehicles
• 45A Miscellaneous duties relating to dogs

Division 1A--Provisions relating to certain breeds etc of dogs

• 45B Dogs of prescribed breed
• 45C Greyhounds
• 45D Attack trained dogs, guard dogs and patrol dogs

Division 1B--Court's power to make orders in criminal proceedings

• 47 Court's power to make orders in criminal proceedings

Division 3--Destruction and control orders

• 50 Destruction and control orders
• 51 Grounds on which orders may be made
• 52 Procedure for making and revoking orders
• 53 Directions about how to comply with order
• 54 Application of orders and directions
• 55 Contravention of order
• 56 Notification to council
• 57 Notification of order to proposed new owner of dog
• 59 Power of court to order destruction or control of dog on application

Division 3A--Prohibition orders

• 59A Prohibition orders
• 59B Contravention of Prohibition Order

PART 5A--Destruction, seizure and detention etc of dogs and cats

Division 1--Destruction, seizure and detention etc of dogs

• 59D Power to destroy dogs
• 60 Power to seize and detain dogs
• 61 Procedure following seizure of dog
• 62 Destruction or disposal of seized dog

Division 2--Destruction and seizure etc of cats

• 63 Power to destroy cats
• 64 Power to seize and detain cats
• 64A Destruction or disposal of seized cat

Division 3--Miscellaneous

• 64B Certain bodies may microchip and desex detained dogs and cats
• 64C Limits on entitlement to return of dog or cat
• 64D Notification to owner of dog or cat destroyed etc under Part
• 64E Recovery of costs
• 64F Ownership of certain dogs and cats to vest in operator of facility

PART 6--Civil actions relating to dogs

• 65 Ownership and responsibility for control of dogs in civil actions
• 66 Liability for dogs1
• 67 Court's power to make orders relating to dogs in civil actions

PART 7--Breeding and sale of dogs and cats

• 68 Registration of breeders
• 69 Offence for breeder to sell dogs or cats unless registered
• 70 Offences relating to sale of certain dogs and cats
• 71 Certain information to be given to buyers

PART 7A--Review of decisions by SACAT

• 72 Review of certain decisions by South Australian Civil and Administrative Tribunal

PART 8--Miscellaneous

• 80A Board may grant exemptions from Act
• 81 Assistance dogs
• 81A Interference with dog or cat in lawful custody
• 81B Offence to interfere with identification of dog or cat
• 82 False or misleading statements
• 83 No liability for action taken under Act
• 85 Continuing offences
• 86 General defences
• 87 Service of notices and documents
• 88 Evidence
• 88A Liability of vehicle owners in relation to transporting unrestrained dogs
• 89 Appropriation of penalties
• 90 By-laws
• 90A Review of Act
• 91 Regulations
• SCHEDULE 1--Transitional provisions
Legislative history