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TASMANIA
__________
CAT MANAGEMENT BILL 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Purpose
4. Interpretation
PART 2 AUTHORISED PERSONS
5. Authorised persons
6. Identification cards
7. Powers of authorised persons
8. Entry into premises
9. Impersonating authorised persons
10. Hindering authorised persons, &c.
11. Protection from liability
PART 3 MICROCHIPPING AND DESEXING OF CATS
12. Microchipping of cats
13. Interference with microchips
14. Desexing of cats
15. Sale, &c., of cats
16. Care agreements
[Bill 80]-VI
PART 4 MANAGEMENT OF CATS
17. Protection of property from cats
18. Cats in prohibited areas
19. Declaration of prohibited areas
20. Declaration of cat management areas
21. Council declarations
PART 5 SEIZED, UNCLAIMED AND SURRENDERED CATS
22. Scanning of cats at cat management facilities
23. Notification where owner identified
24. Reclaiming cats
25. Unidentified, unclaimed and surrendered cats
26. Destruction of cats at cat management facilities
PART 6 DESTRUCTION OF CATS
27. Destruction of cats
28. Humane destruction of cats
PART 7 BREEDING OF CATS
29. Restriction on breeding of cats
30. Registration of cat breeders
31. Cancellation or suspension of registration
32. Surrender of registration
33. Review of decisions
PART 8 MISCELLANEOUS
34. Costs
35. Misrepresentation as cat management facility
36. Surrender, &c., of cat to cat management facility
37. Cats not to be abandoned
38. Cats not to be offered as prizes
39. Infringement notices
40. Compensation not payable
41. Delegation
2
42. Relationship with other legislation
43. Council may make by-laws
44. Notices not statutory rules
45. Regulations
46. Administration of Act
3
4
CAT MANAGEMENT BILL 2009
(Brought in by the Minister for Primary Industries and Water,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to provide for the control and management of cats
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Cat Management
Act 2009.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Purpose
The purpose of this Act is to provide for the
control and management of cats and, in
particular, to
[Bill 80] 5
Cat Management Act 2009
Act No. of
s. 4 Part 1 Preliminary
(a) promote the responsible ownership and
welfare of cats, including the desexing
and microchipping of domestic cats; and
(b) provide for the effective management of
cats, in particular allowing for the
humane handling and management of
unidentified, stray and feral cats; and
(c) reduce the negative effects of cats on the
environment.
4. Interpretation
In this Act, unless the contrary intention
appears
"approved" means approved by the
Secretary;
"authorised person" means
(a) a police officer; or
(b) an officer within the meaning of
the Animal Welfare Act 1993; or
(c) an authorised person within the
meaning of the Dog Control Act
2000; or
(d) a person authorised under
section 5 to perform the functions
and exercise the powers of an
authorised person; or
6
Cat Management Act 2009
Act No. of
Part 1 Preliminary s. 4
(e) any other prescribed person or
prescribed class of persons;
"care agreement" means an agreement
entered into under section 16;
"cat" means an animal of the species Felis
catus or a hybrid of that species;
"cat management facility" means
(a) a council facility that has
facilities for handling and holding
cats; or
(b) a facility for handling and
holding cats that is operated by
(i) the Royal Society for the
Prevention of Cruelty to
Animals, Tasmania; or
(ii) the Hobart Cat Centre
Incorporated (ABN 78
883 186 467), trading as
The Hobart Cat Centre; or
(c) a prescribed facility; or
(d) a facility operated by a person, or
organisation, as prescribed;
"desex" means to render temporarily, as
prescribed, or permanently incapable of
reproduction;
"feral cat" means a cat that
7
Cat Management Act 2009
Act No. of
s. 4 Part 1 Preliminary
(a) was born, and lives, in the wild;
or
(b) lives in the wild and is not
currently tame;
"function" includes duty;
"humanely destroy" means to destroy in
accordance with section 28;
"microchip" means the following devices that
are capable of being implanted in a cat:
(a) an approved electronic
identification device;
(b) an approved permanent
identification device;
(c) any other device that is approved
for the purposes of this definition;
"microchip implanter" means
(a) a prescribed person; or
(b) a person holding the prescribed
qualifications for a microchip
implanter; or
(c) a person approved as a microchip
implanter;
"microchipped" means implanted with a
microchip;
"owner", in relation to a cat, means
8
Cat Management Act 2009
Act No. of
Part 1 Preliminary s. 4
(a) in the case of a cat that is
microchipped, the person whose
name is entered in the microchip
database under section 12(3); or
(b) in the case of a cat that is not
microchipped, the person who, or
the owner of the business or
organisation that, ordinarily
keeps and cares for the cat; or
(c) if the person referred to in
paragraph (a) or (b) is a child
under the age of 18, the child's
parent or guardian;
"prohibited area" means
(a) any area of land that is managed
by a public authority, or Agency
within the meaning of the State
Service Act 2000, and is reserved
land; or
(b) any area of private land that is
reserved land; or
(c) any area of land declared to be a
prohibited area under section 19;
or
(d) any other area of land that is
prescribed or is of a prescribed
class; or
9
Cat Management Act 2009
Act No. of
s. 4 Part 1 Preliminary
(e) any part of an area of land
referred to in paragraph (a), (b),
(c) or (d);
"public authority" means
(a) a council; or
(b) another body corporate
established by, or under, an
enactment having jurisdiction
limited to a district, locality or
part of the State; or
(c) a statutory authority;
"registered breeder" means a person
registered under section 30;
"regulations" means regulations made and in
force under this Act;
"reserved land" means any area of land that
is
(a) public reserve within the meaning
of the Crown Lands Act 1976; or
(b) private timber reserve within the
meaning of the Forest Practices
Act 1985; or
(c) State forest or a forest reserve
within the meaning of the
Forestry Act 1920; or
10
Cat Management Act 2009
Act No. of
Part 1 Preliminary s. 4
(d) reserved land within the meaning
of the Nature Conservation Act
2002; or
(e) land that is subject to a
conservation covenant within the
meaning of Part 5 of the Nature
Conservation Act 2002; or
(f) prescribed or is of a prescribed
class;
"scan" means to scan in a manner that enables
a microchip to be detected;
"Secretary" means the Secretary of the
Department;
"sell" includes trade, give away, take
consideration for, transfer ownership of
and offer for sale;
"statutory authority" means an incorporated
or unincorporated body which is
established, constituted or continued by
or under an Act or under the royal
prerogative, being a body which, or of
which the governing authority, wholly or
partly comprises a person or persons
appointed by the Governor, a Minister of
the Crown or another statutory authority;
"stray cat" means a cat that has no
identifiable owner or home, but lives in
close proximity to humans and may be
accustomed to their presence;
11
Cat Management Act 2009
Act No. of
s. 4 Part 1 Preliminary
"trap" means a method of trapping an animal
that complies with the Animal Welfare
Act 1993;
"veterinary surgeon" means a person
registered as a veterinary surgeon under
the Veterinary Surgeons Act 1987;
"working day" means any day other than a
Saturday or Sunday or a statutory holiday
as defined in the Statutory Holidays Act
2000.
12
Cat Management Act 2009
Act No. of
Part 2 Authorised Persons s. 5
PART 2 AUTHORISED PERSONS
5. Authorised persons
(1) The Secretary may authorise a State Service
officer or State Service employee employed in
the Department to perform the functions and
exercise the powers of an authorised person for
the purposes of this Act, and that officer or
employee may hold that office in conjunction
with State Service employment.
(2) The Secretary may authorise a person who is not
a State Service officer or State Service employee
to perform the functions and exercise the powers
of an authorised person for the purposes of this
Act.
(3) An authorisation under this section may be made
on such conditions as the Secretary determines.
(4) The Secretary may, at any time, revoke an
authorisation or add, vary or revoke a condition
of an authorisation.
6. Identification cards
(1) The Secretary may issue an authorised person
with an identification card showing
(a) the name of the authorised person; and
(b) the organisation or Department he or she
represents; and
13
Cat Management Act 2009
Act No. of
s. 7 Part 2 Authorised Persons
(c) a recent photograph of the authorised
person.
(2) The Secretary may endorse another card or
document as an identification card for the
purposes of this Act.
(3) If an authorised person holds an identification
card issued under subsection (1), or endorsed
under subsection (2), he or she is to
(a) carry the identification card at all times
when he or she is exercising his or her
powers as an authorised person; and
(b) produce the identification card for
inspection at the reasonable request of
any person; and
(c) return an identification card, issued under
subsection (1), to the Secretary if he or
she ceases to be an authorised person.
7. Powers of authorised persons
An authorised person
(a) without a warrant, may enter, search and
inspect any building, shed or other
premises, other than premises or a part of
premises being used as a residence, if he
or she believes that an offence under this
Act has been, or is being committed; and
(b) at any reasonable time, may enter, search
and inspect any building, shed or
14
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Act No. of
Part 2 Authorised Persons s. 7
premises where he or she believes cats
may be bred, sold, presented for sale, or
grouped or kept, for commercial
purposes; and
(c) may seize, detain, humanely destroy or
otherwise deal with or dispose of a cat in
accordance with this Act; and
(d) may search for and seize any cat in or on
premises lawfully entered; and
(e) may set traps in or on premises lawfully
entered; and
(f) may examine and scan a cat to determine
if it has a microchip and, if so, contact
the owner; and
(g) may desex a cat or cause a cat to be
desexed; and
(h) may microchip a cat or cause a cat to be
microchipped; and
(i) may enter onto land; and
(j) may transfer a cat to a cat management
facility; and
(k) may examine, seize, copy or take extracts
from any documents; and
(l) may take photographs, films and audio,
video or other recordings as reasonably
required in connection with the
administration or enforcement of this
Act; and
15
Cat Management Act 2009
Act No. of
s. 8 Part 2 Authorised Persons
(m) may undertake any action, which the
authorised person reasonably believes is
necessary, in order to investigate or
collect evidence that an offence is being,
or has been, committed under this Act.
8. Entry into premises
(1) An authorised person may apply to a magistrate
or justice for a warrant to enter a residential
premises to exercise any of his or her powers
under this Act.
(2) A magistrate or a justice may issue a warrant
authorising an authorised person, or any other
person named in the warrant, to enter a
residential premises and such a warrant may
authorise that the residential premises be entered
by force if
(a) the residential premises is not occupied;
or
(b) entry into the residential premises has
been refused or is likely to be refused.
9. Impersonating authorised persons
A person who is not an authorised person must
not hold himself or herself out to be an
authorised person.
Penalty: Fine not exceeding 20 penalty units.
16
Cat Management Act 2009
Act No. of
Part 2 Authorised Persons s. 10
10. Hindering authorised persons, &c.
A person must not hinder, obstruct or threaten an
authorised person in the performance or exercise
of a function or power under this Act.
Penalty: Fine not exceeding 20 penalty units.
11. Protection from liability
An authorised person does not incur any
personal liability for an act done, or omitted to
be done, by the authorised person in good faith
in the performance or exercise, or purported
performance or exercise, of any of his or her
functions or powers under this Act.
17
Cat Management Act 2009
Act No. of
s. 12 Part 3 Microchipping and Desexing of Cats
PART 3 MICROCHIPPING AND DESEXING OF
CATS
12. Microchipping of cats
(1) The owner of a cat that is more than 6 months of
age is to ensure that the cat is implanted with a
microchip in a prescribed manner.
(2) Subsection (1) does not apply to a cat in respect
of which a veterinary surgeon has issued a
certificate stating that the implantation of a
microchip in the cat may adversely affect the
health and welfare of the cat.
(3) A microchip implanter who implants a
microchip in a cat is to ensure the prescribed
details are entered in an approved database.
(4) A person must not implant in a cat an
identification device that is not a microchip.
Penalty: Fine not exceeding 20 penalty units.
13. Interference with microchips
A person must not, without reasonable excuse,
remove or interfere with a microchip implanted
in a cat.
Penalty: Fine not exceeding 20 penalty units.
18
Cat Management Act 2009
Act No. of
Part 3 Microchipping and Desexing of Cats s. 14
14. Desexing of cats
(1) The owner of a cat that is more than 6 months of
age is to ensure that the cat is desexed by a
veterinary surgeon.
(2) Subsection (1) does not apply to
(a) a cat in respect of which a veterinary
surgeon has issued a certificate stating
that to desex the cat may adversely affect
the health and welfare of the cat; or
(b) a cat owned, for the purpose of breeding,
by a registered breeder; or
(c) a prescribed cat.
(3) A cat that is desexed is to be identified as
prescribed.
(4) A person must not identify a cat as being
desexed if it is not desexed.
Penalty: Fine not exceeding 20 penalty units.
15. Sale, &c., of cats
(1) A person must not sell a cat
(a) that is less than 8 weeks of age; or
(b) that is not microchipped unless
(i) a certificate has been issued
under section 12(2) in respect of
the cat; or
19
Cat Management Act 2009
Act No. of
s. 15 Part 3 Microchipping and Desexing of Cats
(ii) a care agreement has been
entered into in respect of the
microchipping of the cat; or
(c) that is not desexed in accordance with the
Act unless
(i) a certificate has been issued
under section 14(2)(a) in respect
of the cat; or
(ii) the purchaser is a registered
breeder; or
(iii) a care agreement has been
entered into in respect of the
desexing of the cat; or
(d) that is desexed and is not identified as
required under section 14(3); or
(e) that does not meet the prescribed health
checks.
Penalty: Fine not exceeding 50 penalty units.
(2) This section does not apply in the following
circumstances:
(a) the fostering of a cat as part of a foster
program managed by a cat management
facility or an approved organisation;
(b) the transfer of a cat from a cat
management facility to another cat
management facility or to an approved
organisation or approved facility;
20
Cat Management Act 2009
Act No. of
Part 3 Microchipping and Desexing of Cats s. 16
(c) any other prescribed circumstances.
16. Care agreements
(1) In this section
"purchaser", of a cat, means the person
(a) to whom the cat is sold; or
(b) who reclaims the cat under
section 24;
"seller", of a cat, means the person
(a) selling the cat; or
(b) from whom the cat is reclaimed
under section 24.
(2) If a cat is not microchipped before the sale of the
cat for either of the following reasons, the parties
to the sale may enter into a written agreement
that the cat involved in the sale will be
microchipped, within the period specified in the
agreement:
(a) the cat, in the opinion of a microchip
implanter, does not meet the health
requirements to be microchipped before
the proposed sale;
(b) the seller is unable to arrange for the cat
to be microchipped before the sale
despite making reasonable efforts.
21
Cat Management Act 2009
Act No. of
s. 16 Part 3 Microchipping and Desexing of Cats
(3) If a cat is not desexed before the sale of the cat
for any of the following reasons, the parties to
the sale may enter into a written agreement that
the cat involved in the sale will be desexed,
within the period specified in the agreement:
(a) the cat, in the opinion of a veterinary
surgeon, does not meet the age, weight or
health requirements to be desexed before
the sale;
(b) a voucher has been given to the
purchaser by the seller to enable the
purchaser to have the cat desexed at a
later date;
(c) the seller is unable to arrange for the cat
to be desexed before the sale despite
making reasonable efforts.
(4) Each party to the sale of a cat must keep a copy
of a care agreement in respect of the cat until the
agreement is fully complied with.
(5) If there is a care agreement in respect of a cat,
the purchaser must ensure that the care
agreement is fully complied with by the later of
the following:
(a) the ninetieth day after the day on which
the cat was sold;
(b) the thirtieth day after
(i) if the care agreement relates to
microchipping the cat, the day on
which the cat meets a microchip
22
Cat Management Act 2009
Act No. of
Part 3 Microchipping and Desexing of Cats s. 16
implanter's requirements for
microchipping; or
(ii) if the care agreement relates to
desexing the cat, the day on
which the cat meets a veterinary
surgeon's requirements for
desexing.
Penalty: Fine not exceeding 20 penalty units.
(6) A person must not enter into a care agreement
except as specified in this section.
Penalty: In the case of
(a) a first offence, a fine not
exceeding 20 penalty units; or
(b) a subsequent offence, a fine
not exceeding 40 penalty units.
(7) If a cat in respect of which a care agreement is
entered into is sold before the cat is desexed or
microchipped in accordance with that care
agreement and a second care agreement is
entered into in respect of that cat, the first care
agreement is void.
23
Cat Management Act 2009
Act No. of
s. 17 Part 4 Management of Cats
PART 4 MANAGEMENT OF CATS
17. Protection of property from cats
(1) A person carrying on primary production
relating to livestock on rural land, or a person
acting on behalf of such a person, may trap,
seize or humanely destroy any cat found on that
land.
(2) A person may trap, seize or humanely destroy a
cat found on his or her private land if
(a) the land is more than one kilometre from
any place genuinely used as a place of
residence; or
(b) in other prescribed circumstances.
(3) A person who traps or seizes a cat under this
section may
(a) if the owner of the cat is known to the
person, arrange for the return of the cat to
the owner; or
(b) whether or not the owner of the cat is
known to the person, arrange for the cat
to be taken to a cat management facility.
18. Cats in prohibited areas
(1) In this section
24
Cat Management Act 2009
Act No. of
Part 4 Management of Cats s. 18
"cat management action" means any one or
more of the following actions:
(a) humanely destroying a cat;
(b) trapping a cat;
(c) seizing a cat;
(d) detaining a cat;
(e) returning a cat once the cat has
been desexed;
"person responsible" for a prohibited area
means
(a) the owner or legal occupier of the
area; or
(b) if the owner is not available, a
person acting with the authority
of the owner in respect of the
area; or
(c) if there is no owner and no person
acting with the owner's authority,
the manager of the area; or
(d) any other prescribed person or
prescribed class of persons.
(2) Except in prescribed circumstances, an
authorised person, or a person acting on behalf
of such a person, may take cat management
action in relation to a cat found in a prohibited
area.
25
Cat Management Act 2009
Act No. of
s. 19 Part 4 Management of Cats
(3) If an authorised person, or a person acting on
behalf of such a person, intends to take cat
management action in relation to a cat in a
prohibited area that is private land, that person is
to notify the person responsible for the
prohibited area.
(4) Except in prescribed circumstances, a person
responsible for a prohibited area, or a person
acting on behalf of such a person, may take cat
management action in relation to any cat found
in the prohibited area.
(5) An authorised person or other person who traps,
seizes or detains a cat under this section may, as
soon as practicable after trapping, seizing or
detaining the cat
(a) if the owner of the cat is known to the
person, arrange for the return of the cat to
the owner; or
(b) whether or not the owner of the cat is
known to the person, arrange for the cat
to be taken to a cat management facility.
19. Declaration of prohibited areas
(1) A council may declare an area of land within the
authority of the council to be an area where cats
are prohibited.
(2) The declaration takes effect on the day specified
in it, being a day that is at least 10 days after the
26
Cat Management Act 2009
Act No. of
Part 4 Management of Cats s. 20
declaration is notified by public notice published
in a daily newspaper.
(3) The public notice is to
(a) clearly specify the area that is to be a
prohibited area for cats; and
(b) state the period for which the declaration
is in force.
(4) The council may amend or revoke a declaration
made under this section by public notice.
20. Declaration of cat management areas
(1) A council may declare an area of land within the
municipal area of the council to be an area
within which measures may be taken to in
respect of cats.
(2) The declaration takes effect on the day specified
in it, being a day that is at least 10 days after the
declaration is notified by public notice published
in a daily newspaper.
(3) The public notice is to
(a) clearly specify the area within which
measures may be taken to in respect of
cats; and
(b) specify the types of measures being
undertaken in that area; and
27
Cat Management Act 2009
Act No. of
s. 21 Part 4 Management of Cats
(c) specify the person or organisation who is
undertaking those measures; and
(d) state the period for which the declaration
remains in force.
(4) The council may amend or revoke a declaration
made under this section by public notice.
21. Council declarations
Before a council resolves to make a declaration
under section 19 or 20, it is to
(a) notify, by public notice, the details of
(i) the area; and
(ii) the proposed restrictions or
activities relating to the use of the
area; and
(iii) the reasons for the declaration;
and
(b) invite submissions to be lodged within 15
working days after the notice is
published; and
(c) consider any submissions lodged.
28
Cat Management Act 2009
Act No. of
Part 5 Seized, Unclaimed and Surrendered Cats s. 22
PART 5 SEIZED, UNCLAIMED AND SURRENDERED
CATS
22. Scanning of cats at cat management facilities
(1) The operator of a cat management facility is to
ensure that a cat is scanned for a microchip as
soon as practicable after the cat is taken to the
cat management facility.
(2) Despite subsection (1), a person does not have to
scan a cat if
(a) the cat behaves aggressively towards the
person or any other person; or
(b) he or she believes on reasonable grounds
that there is a danger to the health or
safety of any person attempting to scan
the cat.
(3) If a cat is not scanned by reason of
subsection (2), the cat is taken to not be
microchipped.
23. Notification where owner identified
If the owner of a cat held at a cat management
facility is identifiable, the operator of the cat
management facility is to ensure that the owner
of the cat is notified in writing
29
Cat Management Act 2009
Act No. of
s. 24 Part 5 Seized, Unclaimed and Surrendered Cats
(a) of the name and address of the cat
management facility where the cat is
being held; and
(b) that the owner may reclaim the cat; and
(c) if the cat is not reclaimed within the
holding period specified in the notice,
that the cat may be re-housed, offered for
sale or destroyed; and
(d) that the owner may be responsible for the
reasonable costs associated with
(i) the implantation of the cat with a
microchip; and
(ii) the desexing of the cat; and
(iii) the detention and care of the cat.
24. Reclaiming cats
(1) Before a cat can be reclaimed under this Act, the
cat is to be examined to determine whether the
cat is microchipped and desexed in accordance
with this Act.
(2) If a cat is not microchipped or desexed as
required under this Act, the operator of the cat
management facility is to ensure the cat is
microchipped and desexed before the cat is
reclaimed from that facility.
30
Cat Management Act 2009
Act No. of
Part 5 Seized, Unclaimed and Surrendered Cats s. 25
(3) Before a cat is microchipped or desexed under
this section, the owner of the cat is to be notified
that the cat is to be microchipped or desexed.
(4) An owner must not reclaim a cat that is not
desexed and microchipped unless
(a) the owner is a registered breeder; or
(b) in the case of a cat that has not been
microchipped, the owner produces a
certificate issued under section 12(2) in
respect of the cat; or
(c) in the case of a cat that has not been
desexed, the owner produces a certificate
issued under section 14(2)(a) in respect
of the cat; or
(d) the owner enters into a care agreement
providing for the future desexing, or
future microchipping, of the cat.
Penalty: Fine not exceeding 20 penalty units.
25. Unidentified, unclaimed and surrendered cats
(1) If a cat that is not microchipped is held at a cat
management facility and, after 3 working days,
the owner of the cat cannot be found, or has been
notified that the cat is being held and does not
claim the cat or make suitable arrangements for
its boarding within the specified period, the
operator of the cat management facility may
(a) find another home for the cat; or
31
Cat Management Act 2009
Act No. of
s. 26 Part 5 Seized, Unclaimed and Surrendered Cats
(b) offer the cat for sale; or
(c) cause the cat to be humanely destroyed.
(2) If a cat that is microchipped is held at a cat
management facility and, after 5 working days,
the owner of the cat cannot be found, or has been
notified that the cat is being held and does not
claim the cat or make suitable arrangements for
its boarding within the specified period, the
operator of the cat management facility may
(a) find another home for the cat; or
(b) offer the cat for sale; or
(c) cause the cat to be humanely destroyed.
(3) If a cat is surrendered by its owner to a cat
management facility, or the cat is a stray cat that
is held by the cat management facility, the cat
management facility, at any time after receiving
the cat, may
(a) find another home for the cat; or
(b) offer the cat for sale; or
(c) cause the cat to be humanely destroyed.
26. Destruction of cats at cat management facilities
The operator of a cat management facility may
humanely destroy a cat, or cause a cat to be
humanely destroyed, if he or she reasonably
believes that the cat
32
Cat Management Act 2009
Act No. of
Part 5 Seized, Unclaimed and Surrendered Cats s. 26
(a) has caused, or is behaving in a manner
that is likely to cause, serious injury to a
person, another animal, or itself; or
(b) is not microchipped and has been
assessed by the operator as unfit to be
placed as, or offered as, a domestic pet;
or
(c) is not microchipped and is unable to be
accommodated within the cat
management facility.
33
Cat Management Act 2009
Act No. of
s. 27 Part 6 Destruction of Cats
PART 6 DESTRUCTION OF CATS
27. Destruction of cats
(1) A person must not destroy a cat except in
accordance with this Act or another Act.
Penalty: Fine not exceeding 20 penalty units.
(2) An authorised person may humanely destroy a
cat, or cause a cat to be humanely destroyed, if
he or she reasonably believes that the cat
(a) is displaying unprovoked aggression and
is a danger to any person; or
(b) is a feral cat.
28. Humane destruction of cats
(1) Unless otherwise specified in this Act or
prescribed in the regulations, a person who is
authorised under this Act to humanely destroy a
cat, and is intending to destroy the cat, is to
destroy the cat immediately.
(2) A person who destroys a cat under this Act
must
(a) destroy the cat quickly and without
causing undue suffering; and
(b) ensure that the remains of the cat are
buried, burned or otherwise suitably
34
Cat Management Act 2009
Act No. of
Part 6 Destruction of Cats s. 28
disposed of within a reasonable time
after the cat is destroyed.
Penalty: Fine not exceeding 20 penalty units.
(3) A person must not display the remains of a cat
except in prescribed circumstances.
Penalty: Fine not exceeding 20 penalty units.
35
Cat Management Act 2009
Act No. of
s. 29 Part 7 Breeding of Cats
PART 7 BREEDING OF CATS
29. Restriction on breeding of cats
(1) A person must not breed cats unless he or she is
a registered breeder.
Penalty: Fine not exceeding 50 penalty units.
(2) If a person is found guilty of an offence against
subsection (1), the court may order the person to
cause the relevant cat to be desexed in addition
to any penalty the court may impose for the
offence.
30. Registration of cat breeders
(1) A person who is a member of a cat organisation
specified in a notice published by the Secretary
in the Gazette is taken to be a registered breeder
for the purposes of this Act.
(2) A person may apply to the Secretary for
registration as a cat breeder.
(3) The Secretary may
(a) grant an application under subsection (2),
subject to any conditions he or she thinks
fit, if satisfied that
(i) the applicant is a fit and proper
person to be a registered breeder;
and
36
Cat Management Act 2009
Act No. of
Part 7 Breeding of Cats s. 31
(ii) it is appropriate in all the
circumstances to do so; or
(b) refuse the application, if not so satisfied.
(4) If the Secretary refuses an application, he or she
is to provide the applicant with written reasons
for the refusal.
(5) If the Secretary grants an application, he or she
(a) is to inform the applicant in writing of
the approval and of any conditions to
which the approval is subject; and
(b) is to cause the applicant's name to be
published in the Gazette; and
(c) may issue a certificate to reflect the
applicant's status as a registered breeder.
(6) The Secretary may issue, or cause to be issued, a
registered breeder number to each person who is
a registered breeder.
(7) A person who is not a registered breeder must
not hold himself or herself out to be a registered
breeder.
Penalty: Fine not exceeding 20 penalty units.
31. Cancellation or suspension of registration
(1) The Secretary may cancel or suspend the
registration of a registered breeder if, after
allowing the registered breeder an opportunity to
37
Cat Management Act 2009
Act No. of
s. 31 Part 7 Breeding of Cats
make submissions in respect of the matter, the
Secretary is satisfied
(a) that the registered breeder has
contravened this Act; or
(b) that the registered breeder has
contravened a condition to which the
registration is subject; or
(c) that the premises used for breeding are
creating a nuisance; or
(d) that it is in the public interest that the
registration be cancelled or suspended; or
(e) of any other prescribed matter.
(2) Before cancelling or suspending a registration
under subsection (1), the Secretary is to give the
registered breeder written notice that
(a) the Secretary is considering cancelling or
suspending the registration; and
(b) the registered breeder may, within the
period specified in the notice, make
written submissions to the Secretary as to
why the registration should not be
cancelled or suspended.
(3) If, after due consideration of any submissions
received under subsection (2)(b), a registration is
cancelled or suspended under this section, the
Secretary is to notify the affected registered
breeder of
(a) the cancellation or suspension; and
38
Cat Management Act 2009
Act No. of
Part 7 Breeding of Cats s. 32
(b) if the registration is cancelled, the day on
which the cancellation takes effect; and
(c) if the registration is suspended, the day
on which the suspension takes effect and
the period of suspension; and
(d) the reasons for the cancellation or
suspension.
(4) If a registration is cancelled or suspended under
this section and the affected registered breeder is
a member of a cat organisation specified in a
notice under section 30(1), the Secretary is to
notify the cat organisation of the cancellation or
suspension.
(5) If a registration is cancelled under this section,
the Secretary is to publish in the Gazette
(a) the name of the affected registered
breeder; and
(b) that the breeder's registration is
cancelled.
32. Surrender of registration
(1) A registered breeder may, by written notice to
the Secretary, surrender his or her registration at
any time.
(2) The registration has no surrender value.
39
Cat Management Act 2009
Act No. of
s. 33 Part 7 Breeding of Cats
33. Review of decisions
A person who is aggrieved by a decision of the
Secretary under this Part may apply to the
Magistrates Court (Administrative Appeals
Division) for a review of that decision.
40
Cat Management Act 2009
Act No. of
Part 8 Miscellaneous s. 34
PART 8 MISCELLANEOUS
34. Costs
(1) In this section
"reasonable costs of detaining or treating"
includes the cost of detaining, treating,
boarding, handling and transporting a cat;
"treating", in relation to a cat, means all or
any of the following:
(a) desexing the cat;
(b) microchipping the cat;
(c) treatment by a veterinary surgeon
required as a result of injury to,
or illness of, the cat.
(2) The reasonable costs of detaining or treating a
cat under this Act
(a) are to be borne by the owner of the cat;
and
(b) must be paid before the cat can be
returned to the owner.
(3) A council, cat management facility or authorised
person may recover, in a court of competent
jurisdiction, the reasonable costs of detaining or
treating a cat under this Act as a debt due to the
council, cat management facility or authorised
person by the owner.
41
Cat Management Act 2009
Act No. of
s. 35 Part 8 Miscellaneous
35. Misrepresentation as cat management facility
A person must not hold himself or herself out to
be the operator, or representative, of a cat
management facility unless
(a) the person is the operator of the cat
management facility; or
(b) the person is a representative of the
organisation operating the cat
management facility.
Penalty: Fine not exceeding 20 penalty units.
36. Surrender, &c., of cat to cat management facility
(1) The owner of a cat
(a) may surrender the cat to a cat
management facility; but
(b) must pay any surrender fee charged by
the cat management facility.
(2) A person who is not the owner of a cat may
leave a cat at a cat management facility without
payment of any fee.
37. Cats not to be abandoned
Except in accordance with this Act, a person
must not abandon a cat.
Penalty: Fine not exceeding 20 penalty units.
42
Cat Management Act 2009
Act No. of
Part 8 Miscellaneous s. 38
38. Cats not to be offered as prizes
A person must not offer a cat as a lucky door
prize or a prize in a raffle or similar event or
game of chance.
Penalty: Fine not exceeding 10 penalty units.
39. Infringement notices
(1) In this section
"infringement offence" means an offence
against this Act or the regulations that is
prescribed by the regulations to be an
infringement offence.
(2) An authorised person may issue and serve an
infringement notice on a person if he or she
reasonably believes that the person has
committed an infringement offence.
(3) An infringement notice may not be served on an
individual who has not attained the age of 16
years.
(4) An infringement notice
(a) is to be in accordance with section 14 of
the Monetary Penalties Enforcement Act
2005; and
(b) is not to relate to more than 3 offences.
(5) The regulations
43
Cat Management Act 2009
Act No. of
s. 40 Part 8 Miscellaneous
(a) may prescribe the penalty applicable to
each infringement offence that is payable
under an infringement notice; and
(b) may prescribe different penalties for
bodies corporate and individuals.
(6) In the application of the Monetary Penalties
Enforcement Act 2005 to an infringement notice
issued and served under this section
(a) the authorised person who issued and
served the infringement notice is taken to
be a public sector body within the
meaning of that Act; and
(b) a penalty prescribed under subsection (5)
in respect of an infringement offence is
taken to be the prescribed penalty
applicable to that offence for the
purposes of section 14(a)(ii) of that Act.
(7) Any payment in respect of an infringement
notice is payable
(a) to a council, if the notice was served by a
council officer; or
(b) in any other case, into the Consolidated
Fund.
40. Compensation not payable
An owner of a cat that is trapped, seized,
detained, sold, destroyed or otherwise dealt with
in accordance with this Act is not entitled to
44
Cat Management Act 2009
Act No. of
Part 8 Miscellaneous s. 41
compensation in respect of the trapping, seizing,
detention, sale, destruction or other dealing.
41. Delegation
The Secretary may delegate any of his or her
functions or powers under this Act other than
this power of delegation.
42. Relationship with other legislation
(1) To the extent of any inconsistency between
Part 4, and Part 5, of this Act and Division 5 of
Part 12 of the Local Government Act 1993, this
Act prevails.
(2) Subject to subsection (1), this Act is in addition
to, and does not derogate from, any other Act.
43. Council may make by-laws
A council may make by-laws under the Local
Government Act 1993 in relation to the
management of cats within its municipal area.
44. Notices not statutory rules
Unless otherwise prescribed, a notice required to
be published under this Act is not
(a) a statutory rule for the purposes of the
Rules Publication Act 1953; or
45
Cat Management Act 2009
Act No. of
s. 45 Part 8 Miscellaneous
(b) subordinate legislation for the purposes
of the Subordinate Legislation Act 1992.
45. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may be made in relation to one or
more of the following:
(a) any fees and charges payable in respect
of any matter under this Act;
(b) any requirements, practices and
procedures in respect of microchipping
of cats;
(c) the persons that may implant microchips
in cats and the qualifications or approvals
required;
(d) the types of devices that may be
implanted as microchips in cats;
(e) the access to, amendment of or deletion
of information recorded in respect of a
microchips;
(f) any requirements or practices in respect
of the breeding of cats;
(g) the approval or prescribing of persons or
organisations that may operate a cat
management facilities;
46
Cat Management Act 2009
Act No. of
Part 8 Miscellaneous s. 45
(h) the approval or prescribing of conditions
and endorsements required for a cat
management facilities;
(i) any obligations in respect of registered
breeders;
(j) any requirements or practices in respect
of the humane destruction of cats.
(3) The regulations may be made so as to apply
differently according to matters, limitations or
restrictions, whether as to time, circumstance or
otherwise, specified in the regulations.
(4) The regulations may authorise any matter to be
from time to time approved, determined, applied
or regulated by the Secretary, a cat management
facility or any other person or body specified in
the regulations.
(5) The regulations may adopt, either wholly or in
part and with or without modification, and either
specifically or by reference, any standard, code,
rule or specification, whether the standard, code,
rule or specification is published or issued before
or after the commencement of this Act.
(6) A reference in subsection (5) to a standard, code,
rule or specification includes a reference to an
amendment to that standard, code, rule or
specification, whether the amendment is
published or issued before or after the
commencement of this Act.
(7) The regulations may
47
Cat Management Act 2009
Act No. of
s. 46 Part 8 Miscellaneous
(a) provide for savings and transitional
matters necessary or expedient for
bringing this Act into operation; and
(b) provide for any of those savings or
transitional matters to take effect when
this Act commences or on a later day
specified in the regulations, whether the
day so specified is before, on or after the
day on which the regulations are made.
46. Administration of Act
Until provision is made in relation to this Act by
order under section 4 of the Administrative
Arrangements Act 1990
(a) the administration of this Act is assigned
to the Minister for Primary Industries and
Water; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Primary
Industries, Parks, Water and
Environment.
48 Government Printer, Tasmania