DOG AND CAT MANAGEMENT ACT 1995 - SECT 4

DOG AND CAT MANAGEMENT ACT 1995 - SECT 4

4—Interpretation

In this Act, unless the contrary intention appears—

"accredited" means accredited by the Board under section 21A;

"animal welfare organisation" means—

            (a)         the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; or

            (b)         the Animal Welfare League of South Australia Inc; or

            (c)         any other person or body declared by the regulations to be an animal welfare organisation;

"area" of a council, means—

            (a)         in relation to a municipal or district council—the area in relation to which the council is constituted;

            (b)         in relation to a body declared by regulation to be a council (or part of a council) for the purposes of this Act—the area specified by regulation in relation to the body;

            (c)         in relation to the Outback Communities Authority —the area in relation to which the Outback Communities Authority is constituted;

"assistance dog" means a dog trained and used for the purpose of assisting a person who is wholly or partially disabled and includes a dog undergoing training of a kind approved by the Board for the purposes of this definition;

"attack trained dog" means a dog trained, or undergoing training, to attack a person on command;

"authorised person" means—

            (a)         a police officer; or

            (b)         a person appointed as an authorised person under section 25A;

"Board" means the Dog and Cat Management Board established under Part 2;

"cat" means an animal of the species felis catus ;

"corresponding law" means a law of another State or a Territory of the Commonwealth that provides for the registration of dogs;

"council" means—

            (a)         a municipal council;

            (b)         a district council;

            (c)         the Outback Communities Authority ;

            (d)         a body declared by regulation to be a council for the purposes of this Act;

"dangerous dog" means a dog in relation to which—

            (a)         a council or the Board has made a Control (Dangerous Dog) Order; or

            (b)         a court has made an order the terms of which generally correspond to a Control (Dangerous Dog) Order;

"desex" means to permanently render an animal incapable of reproducing (and "desexed" has a corresponding meaning);

"dispose of" includes sell or give away;

"dog" means an animal of the species canis familiaris but does not include a dingo or cross of a dingo;

"effective control" of a dog—see section 8;

"Fund" means the Dog and Cat Management Fund established under Part 2;

"guard dog" means a dog that is kept on premises primarily for the purpose of guarding or protecting a person or property at those premises;

"identified cat" means a cat identified in the manner set out in the regulations;

"LGA" means the Local Government Association of South Australia ;

"Magistrates Court" means the Magistrates Court of South Australia ;

"microchip" means an electronic device that is capable of being permanently implanted in an animal and that is designed to record information in a manner that can be electronically retrieved;

"microchipped" or "to microchip"—an animal is microchipped if a microchip is implanted in the animal;

"occupier", in relation to premises, means a person who has, or is entitled to, possession or control of the premises;

"own" a dog—see section 5;

"park" means a park, garden, reserve or other similar public open space, or a foreshore area, within the area of a council;

"patrol dog" means a dog that, under the control of a person, patrols premises for the purpose of guarding or protecting a person or property at those premises;

"premises" includes—

            (a)         land;

            (b)         a part of any premises or land;

"prescribed breed" means any of the following breeds:

            (a)         American Pit Bull Terrier;

            (b)         Fila Braziliero;

            (c)         Japanese Tosa;

            (d)         Dogo Argentina;

            (e)         Presa Canario;

"private place" means a place that is not a public place;

"public place" means a place to which the public has access (whether an admission fee is charged or not);

"public passenger vehicle" means a vehicle or vessel used for the purpose of carrying passengers for hire or reward;

"registered veterinary surgeon" means a person registered under the Veterinary Practice Act 2003 ;

"registration disc" means a disc, badge, tag or other device issued or to be issued in respect of a dog registered under this Act;

"registration fee"—see section 26(6);

"responsible for the control" of a dog—see section 6;

"sale" or "sell" includes—

            (a)         auction, barter or exchange; or

            (b)         offer for sale, auction, barter or exchange; or

            (c)         cause or permit to be offered for sale, auction, barter or exchange; or

            (d)         possess for the purposes of sale, auction, barter or exchange;

"stock inspector" means a person appointed as an inspector under the Livestock Act 1997 ;

"unidentified cat" means a cat that—

            (a)         is not microchipped; and

            (b)         is not identified in the manner set out in section 42C; and

            (c)         is not identified in the manner set out in the regulations;

"wandering at large" in relation to a dog—see section 7;

"working livestock dog" means a dog—

            (a)         usually kept, proposed to be kept or worked on rural land by a person who is—

                  (i)         a primary producer; or

                  (ii)         engaged or employed by a primary producer; and

            (b)         kept primarily for the purpose of herding, droving, protecting, tending or working stock, or training for herding, droving, protecting, tending or working stock.