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DOG AND CAT MANAGEMENT ACT 1995 - SECT 91

DOG AND CAT MANAGEMENT ACT 1995 - SECT 91

91—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

        (1a)         However, regulations cannot be made unless the Minister has given the Board notice of the proposal to make regulations and given consideration to any submission made by the Board within a period (of at least 21 days) specified by the Minister.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         regulate the keeping and control of dogs or cats of a specified class;

            (b)         prohibit the keeping of dogs or cats of a specified class in specified places or areas;

            (ba)         set aside specified areas where dogs are prohibited or for specified activities relating to dogs to be carried out in a specified manner or in specified circumstances;

            (c)         regulate the detention of dogs and cats seized under this Act;

            (d)         fix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;

            (e)         exempt (conditionally or unconditionally) a specified person or class of persons, a specified area or areas of the State or a specified activity or class of activities from the application of this Act or specified provisions of this Act;

            (f)         prescribe fines, not exceeding $5 000, for offences against the regulations;

            (g)         fix expiation fees, not exceeding $750, for offences against this Act or the regulations;

            (h)         provide for the facilitation of proof of the commission of offences against the regulations.

        (3)         Regulations under this Act—

            (a)         may be of general application or limited application;

            (b)         may make different provision according to the matters or circumstances to which they are expressed to apply;

            (c)         may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Board, a council or a specified person or body.

        (4)         The regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.

        (5)         If a code, standard or other document is referred to or incorporated in the regulations—

            (a)         a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and

            (b)         evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.