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DOG AND CAT MANAGEMENT ACT 1995

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