DOG AND CAT MANAGEMENT ACT 1995 - SECT 33
DOG AND CAT MANAGEMENT ACT 1995 - SECT 33
(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.