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DOG AND CAT MANAGEMENT ACT 1995 - SECT 33

DOG AND CAT MANAGEMENT ACT 1995 - SECT 33

33—Dogs must be registered

        (1)         Every dog of or over 3 months of age must be registered under this Act.

        (2)         If a dog of or over 3 months of age is unregistered, any person who owns or is responsible for the control of the dog is guilty of an offence.

Maximum penalty:

            (a)         if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

            (b)         in any other case—$2 500.

Expiation fee:

            (a)         if the dog is a dangerous dog or a dog of a prescribed breed—$750;

            (b)         in any other case—$170.

        (3)         If a person is guilty of an offence by reason of a dog being unregistered, the person is guilty of a further offence for each 14 days that the offence continues.

Maximum penalty:

            (a)         if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

            (b)         in any other case—$2 500.

Expiation fee:

            (a)         if the dog is a dangerous dog or a dog of a prescribed breed—$750;

            (b)         in any other case—$170.

        (4)         A person is not guilty of an offence against this section by reason of the fact that the dog is unregistered if—

            (a)         less than 14 days has elapsed since the person first owned or became responsible for the control of the dog; or

            (b)         the dog—

                  (i)         is travelling with the person; and

                  (ii)         is not usually kept within the State; and

                  (iii)         is registered under a corresponding law or is usually kept outside Australia (but a person may not rely on this exception unless he or she has produced, at the request of an authorised person, satisfactory evidence of the matters specified in this subparagraph); or

            (c)         the person is responsible for the control of the dog only by reason of the dog being temporarily boarded at a boarding kennel approved by the council in whose area the kennel is situated.

        (5)         This section does not apply—

            (a)         to a dog that has not been kept in any one area for more than 14 days in aggregate; or

            (b)         to a dog while held in the custody of—

                  (i)         a police officer acting in that capacity; or

                  (ii)         a person acting under this or any other Act; or

                  (iii)         a person or body, or a person or body of a class, specified by the regulations.