DOG AND CAT MANAGEMENT ACT 1995 - SECT 26

DOG AND CAT MANAGEMENT ACT 1995 - SECT 26

26—Council responsibility for management of dogs and cats

        (1)         Subject to this Act, each council is required to administer and enforce the provisions of this Act relating to dogs and cats within its area and for that purpose must—

            (a)         maintain a register of dogs containing the information required by the Board (which may be kept in the form of a computer record); and

            (ab)         ensure that the Board is provided with information contained in the register as required by the Board from time to time; and

            (ac)         maintain such other registers as may be required by the Board; and

            (ad)         make the registers kept under the Act available for inspection by members of the public in accordance with any guidelines issued by the Board; and

            (ae)         if guidelines issued by the Board so require, limit inspection of a register, or part of a register, kept under the Act by members of the public; and

            (b)         appoint a suitable person to be Registrar; and

            (c)         make satisfactory arrangements for issuing and replacing certificates of registration and registration discs; and

            (d)         appoint at least 1 full-time authorised person or make other satisfactory arrangements for the exercise of the functions and powers of authorised persons; and

            (e)         make satisfactory arrangements for the detention of dogs seized under this Act (and may, but need not, make such arrangements for cats seized under this Act); and

            (f)         make satisfactory arrangements for fulfilling other obligations under this Act.

        (1a)         Without limiting subsection (2), the arrangements referred to in subsection (1)(e) may consist of nominating a facility approved by the Board at which dogs or cats may be detained.

        (2)         The arrangements made by a council under this section must be satisfactory to the Board.

        (3)         Money received by a council under this Act must be expended in the administration or enforcement of the provisions of this Act relating to dogs and cats.

        (4)         Each council must keep separate accounts of money received under this Act and of money expended in the administration and enforcement of the provisions of this Act relating to dogs and cats.

        (5)         A council must pay into the Fund the percentage fixed by regulation of the dog registration fees received by the council.

        (6)         Councils may charge—

            (a)         fees for the provision of extracts from registers kept under this Act; and

            (ab)         fees for the receipt and management of information relating to a register contemplated by subsection (1)(ac); and

            (b)         fees (which may be differential but which must not exceed an amount prescribed by the regulations for the purposes of this paragraph)—

                  (i)         for the registration of dogs or businesses under Part 4; and

                  (ii)         for late payment of registration fees; and

                  (iii)         for meeting any other requirement imposed on councils under this Act.

        (7)         Without otherwise limiting a council's ability to set registration fees, a council must, in the case of a standard dog or cat, provide for a percentage rebate of a fee that would otherwise be charged for the registration of a dog or cat under this Act.

        (8)         In this section—

"standard dog or cat" means a dog or cat (as the case requires) that is both microchipped and desexed in accordance with this Act.