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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Animals Legislation Amendment (Animal Care) Bill
2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 4
3 Change of title of Act 4
4 Purpose amended 4
5 Definitions 5
6 Penalty increases for failure to register or renew registration of
dog or cat 7
7 Council may refuse to register dogs and cats unless desexed 7
8 Registration of dangerous and restricted breed dogs 7
9 References to conviction removed 8
10 Dogs and cats on private property without permission 8
11 References to conviction removed 9
12 Section 29 substituted 9
29 Penalty and liability for attack by dog 9
13 References to conviction removed 11
14 Council may declare a dog to be dangerous 11
15 Reference to conviction removed 11
16 Declaration that a dog is a menacing dog 11
17 Reference to conviction removed 11
18 Limitation on ownership of restricted breed dogs 12
19 Reference to conviction removed 13
20 Revocation or suspension of registration of animal shelter or
pound by Minister 13
21 Non-compliance with code of practice an offence 13
22 Amendment to Part 4A heading 13
23 Section 63B substituted 13
63B Definition 13
24 Section 63C substituted 14
63C Offence to offer or provide animal registry service
without a licence 14
561056B.I-10/10/2007 i BILL LA INTRODUCTION 10/10/2007
Clause Page
25 Requirements to keep and maintain records 14
26 Heading to Part 7 substituted 15
27 Division heading omitted 15
28 Powers of authorised officers 15
29 Substitution of Division 2 of Part 7 15
PART 7A--POWERS TO SEIZE AND DISPOSE OF
DOGS OR CATS 15
Division 1--Definition 15
77 Definition 15
Division 2--Seizure of dogs or cats 16
78 Seizure of dangerous dogs 16
79 Seizure of restricted breed dogs 16
80 Seizure of dogs believed to be restricted breed dogs 17
81 Seizure of dog urged or trained to attack or having
attacked 17
82 Seizure of unregistered dog or cat 18
83 Seizure of dog or cat that does not comply with the
registration requirements under Act 18
84 Seizure of dog or cat in certain circumstances 19
84A Seizure of cat without current identification 19
84B Seizure of dog or cat after court order under
section 84W 19
84C Seizure of abandoned dog or cat 20
84D Seized dog or cat must be delivered up 20
Division 3--Search warrants 21
84E Search warrants for dogs or cats 21
84F Announcement before entry 22
84G Details of warrant to be given to occupier 23
Division 4--Steps to be taken after seizure of dog or cat 24
84H Identified owners must be served with notice of
seizure 24
84I Notice of seizure 24
84J Custody of seized dogs or cats 25
84K Owners of dogs believed to be restricted breed dogs
must be served with declaration 25
84L Custody of seized dogs believed to be restricted breed
dogs 26
Division 5--Recovery of seized dog or cat 27
84M Recovery of dog or cat 27
84N Recovery of dog believed to be a restricted breed dog 28
561056B.I-10/10/2007 ii BILL LA INTRODUCTION 10/10/2007
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Division 6--Disposal of seized dogs or cats 31
84O Power to sell or destroy dogs or cats seized under this
Part 31
84P Further power to destroy dogs 32
84Q Prosecution of identified animal owners suspected of
committing offences 33
84R Council may require owner of animal to provide
current address 34
84S Council may destroy animals of non-identified dog
owners suspected of committing an offence 35
84T Council must destroy dog believed to be a restricted
breed dog if owner unknown 35
84U Seized animal must be desexed before sold 36
84V Method of disposal of dogs or cats 36
Division 7--Court powers 37
84W Power of Court to make orders in relation to dogs and
cats found outside owners' premises 37
84X Power of Court to order payment of costs and disposal
of dogs or cats 37
Division 8--General 38
84Y Agreements to seize, retain or dispose of dogs or cats 38
84Z Offences relating to seized cats or dogs 39
84ZA Offence to unlawfully seize or destroy a dog or cat 39
30 Substitution for Division 3 of Part 7 40
31 Substitution of section 85 40
85 Power to serve infringement notice 40
32 Penalties to be paid for offences under infringement notices 41
33 New Part heading inserted 42
34 Amendment of Division heading 42
35 Evidentiary provisions 42
36 Repeal of Division 4A of Part 7 42
37 Amendment of Division heading 42
38 Substitution of Division heading 42
39 Review of decisions by VCAT 43
40 Substitution of Division heading 43
41 Regulations 43
42 Section 102 substituted 44
102 Transitional provisions--Animals Legislation
Amendment (Animal Care) Act 2007 44
43 Section 103 substituted 45
103 Transitional provisions--Animals Legislation
Amendment (Animal Care) Act 2007 45
44 Further amendments to the Domestic (Feral and Nuisance)
Animals Act 1994 46
561056B.I-10/10/2007 iii BILL LA INTRODUCTION 10/10/2007
Clause Page
PART 3--AMENDMENTS TO THE IMPOUNDING OF
LIVESTOCK ACT 1994 47
45 Purposes amended 47
46 Definitions 47
47 New Division heading inserted 48
48 New heading inserted in section 5 48
49 New section 5A inserted 49
5A Power to enter land or building and impound
abandoned livestock 49
50 General duty of persons who impound livestock 50
51 Substitution of section 7 50
7 Entitlement to reimbursement of charges 50
52 Duties of authorised officer of council 50
53 New section 8A inserted 51
8A Notice of seizure 51
54 Duties of owners and occupiers of land 52
55 Owners and occupiers of land to deliver livestock to pound 52
56 Procedure where owner claims livestock from owner or
occupier of land 52
57 Duties of authorised officer who impounds livestock on Crown
land 52
58 Duties of officer of Roads Corporation 52
59 Duties of person authorised by relevant corporation 52
60 Duties of councils to notify owners 52
61 Release of livestock from pound 53
62 New Division 2 of Part 2 and new sections 16A and 16B
inserted 53
Division 2--Powers to serve notices relating to trespassing
livestock 53
16A Power to serve notice objecting to the trespassing of
livestock 53
16B Power to serve notice on owner regarding confinement
of livestock 54
63 Livestock to be held for 7 days 55
64 New section 17A inserted 55
17A Livestock found abandoned to be held for 14 days 55
65 Sale of unclaimed livestock 55
66 Disposal of livestock 56
67 Power of authorised officer of council to destroy impounded
livestock in certain circumstances 56
68 Amendment to Part heading 56
561056B.I-10/10/2007 iv BILL LA INTRODUCTION 10/10/2007
Clause Page
69 New sections 25A and 25B inserted 57
25A Offence if livestock trespass after service of notice
under section 16A 57
25B Offence if non-compliance with notice served under
section 16B 57
70 Substitution of Part heading 57
71 Proceedings in the Magistrates' Court 57
72 New headings inserted 57
73 Application of money recovered under this Act 58
74 New section 33A inserted 58
33A Power to file charges under this Act 58
75 New Division 2 inserted in Part 6 58
Division 2--Infringement notices 58
33B Power to serve infringement notices 58
33C Infringement offence 59
33D Infringement penalty 59
76 Section 34 substituted 59
34 Regulations 59
PART 4--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986 61
77 Definitions 61
78 Consequential amendments and repeals 64
79 Definitions 64
80 Acts of cruelty 64
81 Penalty for aggravated cruelty 65
82 Insertion of new section 11A 65
11A Further prohibited procedure offences 65
83 Serious offences 66
84 Penalty for having custody of animals in contravention of
interstate orders 68
85 Penalty for baiting and luring 68
86 Penalty for trap shooting 68
87 Substitution of section 15 69
15 Selling traps 69
15AB Setting or using traps 70
88 Penalty for dogs on moving vehicles 71
89 Insertion of new sections 15B and 15C 71
15B Offence under section 15A to be operator onus offence 71
15C Breeding of animals with heritable defects 71
561056B.I-10/10/2007 v BILL LA INTRODUCTION 10/10/2007
Clause Page
90 Substitution of Division 2 of Part 2 72
Division 2--Rodeos 72
16 Offence to operate rodeos without a licence or permit 72
17 Grant of rodeo licences 73
17A Duration of licences 73
17B Issue of rodeo permits and rodeo school permits 73
17C Application for a rodeo licence, a rodeo permit or a
rodeo school permit 73
17D Grounds on which Department Head may refuse to
grant or issue licence or permit 74
17E Conditions on licences and permits 75
17F Variation of licences and permits 76
17G Notice of proposal to cancel a rodeo licence or permit
or rodeo school licence 76
17H Making of submissions on proposal to cancel 77
17I Cancellation of a rodeo licence, a rodeo permit or
rodeo school permit 77
91 Substitution of heading 79
92 Certain persons to be general inspectors 79
93 Change of reference to inspectors 79
94 Change of reference to inspectors 80
95 Substitution of sections 80
PART 2A--ENFORCEMENT 80
Division 1--Preliminary 80
21 Definitions 80
Division 2--Emergency powers to deal with animals 81
22 Power to seize abandoned animals in public places 81
23 Emergency powers of entry in relation to animals 81
24 Emergency power to enter and seize or destroy
abandoned animals 83
24A Additional powers that may be exercised on
emergency entry 84
24B Powers to recover certain costs 84
24C Obtaining veterinary treatment 84
24D Emergency powers of veterinary practitioners and
superintendents of saleyards 85
Division 3--Search for and seizure of animals, warrants
and authorisations 86
24E Notice to seize animal 86
24F Power of specialist inspector to seize animal under
authorisation of Minister 87
561056B.I-10/10/2007 vi BILL LA INTRODUCTION 10/10/2007
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24G Search warrants for abandoned etc animals on
premises 87
24H Magistrates' Court may extend period of warrant
under section 24G 90
Division 4--Search for and seizure of things 90
24I Definition 90
24J Seizure of things 91
24K Search warrants for premises 91
24L Additional power of entry for specialist inspectors 92
Division 5--General provisions as to search warrants 93
24M Provisions as to search warrants 93
24N Application of Magistrates' Court Act 1989 93
24O Announcement before entry 94
24P Details of warrant to be given to occupier 94
24Q Seizure of things not mentioned in the warrant and
taking of samples 95
Division 6--Duties and powers as to seized animals 97
24R Duty to take steps to identify owner 97
24S Steps to be taken where welfare of animal not at risk 97
24T Provision for recovery or disposal of animals that are
not at risk 100
24U Steps to be taken where welfare of animal is at risk 102
24V Power to retain animal for purposes of application
under section 24X 104
24W Power to dispose of animal at risk not claimed by
owner or person in charge 104
24X Court orders as to costs and disposal of animals 106
24Y Methods of disposal of animals 109
24Z Power to destroy diseased or distressed animals 109
24ZA Disposal of animal by sale 110
24ZB Costs and proceeds of sold animals 110
24ZC Costs and proceeds of destroyed animals 111
24ZD Forfeiture of seized animal 112
Division 7--Duties and powers as to seized things (that are
not animals) 112
24ZE Definition 112
24ZF Receipt must be given for any thing seized 113
24ZG Copies of certain seized things to be given 113
24ZH Access to seized things 114
24ZI Return of seized thing before commencement of
proceedings 114
24ZJ Return of seized things 116
24ZK Magistrates' Court may extend retention period 116
561056B.I-10/10/2007 vii BILL LA INTRODUCTION 10/10/2007
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24ZL Dispute as to person entitled to return of seized thing 117
24ZM Unclaimed seized thing may be sold or destroyed 118
24ZN Forfeiture of seized things 119
Division 8--Samples 119
24ZO Provisions relating to the taking and keeping of
samples 119
Division 9--Further miscellaneous powers, duties and
offences 120
24ZP Notice to comply 120
24ZQ Requirement to give information to inspector during
entry 121
24ZR Offences as to inspectors 122
24ZS Offences as to veterinary practitioners etc. 123
24ZT Offence to fail to provide name and address 123
24ZU POCTA inspectors must identify themselves 125
24ZV Protection against self-incrimination 125
24ZW Power to file charges 125
96 Insertion of new definition of animal in Part 3 126
97 Penalties for carrying out scientific procedures without
licence 127
98 Penalties for carrying out scientific procedures outside
scientific premises 128
99 Penalties for breeding animals for use in scientific procedures 128
100 Penalties for failure to comply with conditions applying to
scientific procedures 128
101 Penalties for failure to comply with field work conditions 129
102 Penalties for failure to comply with conditions on specified
animals breeding licence 129
103 Penalties for carrying out certain procedures 129
104 Consequential repeal of section 130
105 Delegation 130
106 Liability for offences 131
107 Insertion of new sections 41AA, 41AB and 41AC 131
41AA Offences by bodies corporate 131
41AB Conduct by officers, employees or agents 131
41AC Time for filing certain charges under this Act 134
108 Regulation making powers 134
109 Amendment of reference 135
110 Further amendment of the Prevention of Cruelty to Animals
Act 1986 135
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Clause Page
PART 5--AMENDMENTS TO THE OMBUDSMAN ACT 1973 136
111 Functions and jurisdiction 136
112 Procedure relating to investigations 136
PART 6--REPEAL OF AMENDING ACT 137
113 Repeal of Act 137
__________________
SCHEDULES 138
SCHEDULE 1--Consequential amendments to the Domestic
(Feral and Nuisance) Animals Act 1994 138
1 Persons who may inspect register 138
2 Offences relating to keeping of records 138
3 Offences relating to implantation of permanent identification
devices 138
4 Offence not to give information to licence holder on
implantation 139
5 Offence not to give identifying information in certain
circumstances 139
6 Offence not to provide certain information relating to
identification devices to licence holders 140
7 Requirement to scan animals for permanent identification
devices 140
8 Division heading substituted 140
9 Section 63K substituted 140
63K Grant of animal registry licence 140
10 Application for animal registry licence 140
11 Duration of licences 141
12 Conditions on licences 141
13 Renewal of licences 141
14 Notice of proposal to cancel licence 141
15 Making of submissions on proposal to cancel 141
16 Cancellation of licence 141
17 Requirements to surrender records 142
18 Qualifications for implanters 142
19 Notice of proposal to impose prohibition on implanting 142
20 Power of the Secretary to prohibit a person from implanting
devices 142
21 Powers of authorised officers 142
22 Seizure of records of information recorded in permanent
identification devices 143
23 Disposal of records seized under section 75A 143
24 Application of proceeds of sale 143
25 Review of decisions made under Part 4A 143
561056B.I-10/10/2007 ix BILL LA INTRODUCTION 10/10/2007
Clause Page
SCHEDULE 2--Further amendment of the Prevention of Cruelty
to Animals Act 1986 145
ENDNOTES 146
561056B.I-10/10/2007 x BILL LA INTRODUCTION 10/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Animals Legislation Amendment
(Animal Care) Bill 2007
A Bill for an Act to amend the Domestic (Feral and Nuisance)
Animals Act 1994, the Impounding of Livestock Act 1994 and the
Prevention of Cruelty to Animals Act 1986 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are to--
(a) amend the Domestic (Feral and Nuisance)
5 Animals Act 1994--
(i) to rename that Act; and
(ii) to regulate the permanent identification
of horses and other animals; and
561056B.I-10/10/2007 1 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 1--Preliminary
s. 1
(iii) to provide for further enforcement
powers particularly in relation to
restricted breed dogs; and
(iv) to provide for further offences that may
5 be subject to infringement notices; and
(v) to create additional offences and
increase certain penalties; and
(b) amend the Impounding of Livestock Act
1994--
10 (i) to provide for the impounding of
abandoned livestock; and
(ii) to provide for infringement notices to
be served for certain offences; and
(iii) to provide for further enforcement
15 powers; and
(iv) to create additional offences; and
(v) to provide for further regulation making
powers; and
(c) amend the Prevention of Cruelty to
20 Animals Act 1986--
(i) to provide for further enforcement
powers; and
(ii) to provide further for the regulation of
rodeos and rodeo schools; and
25 (iii) to increase the penalties for offences;
and
(iv) to provide further for the prohibition of
certain procedures; and
(v) to create offences for the breeding and
30 displaying of animals with heritable
defects; and
561056B.I-10/10/2007 2 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 1--Preliminary
s. 2
(d) make other miscellaneous amendments to the
Domestic (Feral and Nuisance) Animals
Act 1994, the Impounding of Livestock
Act 1994 and the Prevention of Cruelty to
5 Animals Act 1986.
2 Commencement
(1) This Act (except sections 3, 5(2), 22, 23, 24, 25,
41(1), 41(2), 41(3), 42, 44, 77(2), 77(3), 79(1), 87,
90, 92(4), 109 and Part 5) comes into operation on
10 the day after the day on which it receives the
Royal Assent.
(2) Subject to subsection (3), sections 3, 5(2), 22, 23,
24, 25, 41(1), 41(2), 41(3), 42, 44, 77(2), 77(3),
79(1), 87, 90, 92(4), 109 and Part 5 come into
15 operation on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 1 December 2009,
it comes into operation on that day.
__________________
561056B.I-10/10/2007 3 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 3
1994
PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994
3 Change of title of Act
See: For the title to the Domestic (Feral and
Act No.
5 81/1994. Nuisance) Animals Act 1994 substitute--
Reprint No. 3
as at "Domestic Animals Act 1994".
1 December
2005
and
amending
Act Nos
69/2004,
50/2005,
76/2005,
32/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
4 Purpose amended
In section 1 of the Domestic (Feral and
Nuisance) Animals Act 1994--
10 (a) for paragraph (c) substitute--
"(c) the identification and control of
dangerous dogs, menacing dogs and
restricted breed dogs; and";
(b) after paragraph (e) insert--
15 "(ea) the regulation of the permanent
identification of dogs, cats, horses and
other animals; and".
561056B.I-10/10/2007 4 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 5
1994
5 Definitions
(1) In section 3(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) insert the following definitions--
5 "laceration means a wound caused by--
(a) the tearing of body tissue; or
(b) multiple punctures caused by
more than one bite from a dog;
notice of seizure means a notice under
10 section 84I;
serious injury means--
(a) an injury requiring medical or
veterinary attention in the nature
of--
15 (i) a broken bone; or
(ii) a laceration; or
(iii) a partial or total loss of
sensation or function in a
part of the body; or
20 (b) an injury requiring cosmetic
surgery;";
(b) the definition of subordinate instrument is
repealed.
(2) In section 3(1) of the Domestic (Feral and
25 Nuisance) Animals Act 1994--
(a) insert the following definitions--
"animal registry licence means a licence
granted under section 63K;
561056B.I-10/10/2007 5 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 5
1994
animal registry service means a service of
keeping and maintaining records
relating to a prescribed class of animal
that, in relation to each animal about
5 which records are kept and
maintained--
(a) contain identifying information
about the animal and the owner of
the animal; and
10 (b) are referenced to the animal
through information contained in a
permanent identification device
implanted in the animal; and
(c) are not records maintained by a
15 Council for the purposes of
registration under Part 2;
prescribed class of animal means any of the
following--
(a) dogs;
20 (b) cats;
(c) horses;
(d) a class of animal prescribed by the
regulations;";
(b) the definition of domestic animals registry
25 licence is repealed;
(c) the definition of domestic animals registry
service is repealed;
(d) in the definition of permanent identification
device, for "a dog or cat" substitute "an
30 animal of a prescribed class of animal";
561056B.I-10/10/2007 6 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 6
1994
(e) for the definition of prescribed identifying
information substitute--
"prescribed identifying information in
relation to an animal of a prescribed
5 class of animal, means information
about the animal and the owner of the
animal (within the meaning of Part 4A)
the nature of which is prescribed;";
(f) in the definition of prohibited implanter, for
10 "dogs and cats" substitute "animals of
prescribed classes of animal ".
6 Penalty increases for failure to register or renew
registration of dog or cat
For the penalty at the foot of sections 10(1) and
15 10(2) of the Domestic (Feral and Nuisance)
Animals Act 1994 substitute--
"Penalty: 10 penalty units.".
7 Council may refuse to register dogs and cats unless
desexed
20 For section 10A(4)(b) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"(b) in the case of a dangerous dog that is not also
a restricted breed dog, is exempt under
section 10B(1)(c), 10B(1)(d) or 10B(1)(e)
25 from the requirement to be desexed; or
(c) in the case of a restricted breed dog, is
exempt under section 10B(1)(e) from the
requirement to be desexed.".
8 Registration of dangerous and restricted breed dogs
30 (1) After section 17(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"(1AA) Subject to subsection (1A), a Council must
not register a restricted breed dog.".
561056B.I-10/10/2007 7 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 9
1994
(2) For section 17(1A) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"(1A) A Council may register a restricted breed
dog if--
5 (a) the dog was in Victoria immediately
before the commencement of section 12
of the Primary Industries Acts
(Further Amendment) Act 2005; and
(b) the dog is currently registered with the
10 Council as a breed of dog other than a
restricted breed dog.
Note
Under sections 10A(4) and 10C(6), a Council cannot
register a restricted breed dog unless the dog is
15 desexed (subject to the exception under section
10B(1)(e)) and has been implanted with a prescribed
permanent identification device.".
(3) In section 17(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "restricted
20 breed dog" insert "that is able to be registered or
have its registration renewed by the Council under
this Act".
9 References to conviction removed
In sections 20(1) and 21 of the Domestic (Feral
25 and Nuisance) Animals Act 1994 omit "upon
conviction".
10 Dogs and cats on private property without
permission
(1) For section 23(3) of the Domestic (Feral and
30 Nuisance) Animals Act 1994 substitute--
"(3) If the authorised officer who seized a dog or
cat under subsection (1) is able to identify
the owner of the dog or cat, the authorised
officer must, within 5 business days after the
35 seizure of the dog or cat, serve on the owner
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Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 11
1994
of the dog or cat a notice of objection to the
presence of that dog or cat on the private
property.".
(2) In section 23(4) of the Domestic (Feral and
5 Nuisance) Animals Act 1994 omit ", upon
conviction,".
11 References to conviction removed
(1) In sections 24(1) and 24(2) of the Domestic
(Feral and Nuisance) Animals Act 1994 omit
10 "upon conviction".
(2) In sections 25(1), 26(1) and 27(1) of the Domestic
(Feral and Nuisance) Animals Act 1994 omit
", upon conviction,".
12 Section 29 substituted
15 For section 29 of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"29 Penalty and liability for attack by dog
(1) If a dangerous dog, that is not a guard dog
guarding non-residential premises, attacks or
20 bites any person or animal, the owner is
guilty of an offence and liable to a term of
imprisonment not exceeding 6 months or to a
fine not exceeding 120 penalty units.
(2) If a dog that is not a dangerous dog, attacks
25 or bites any person or animal and causes
death or a serious injury to the person or
animal, the owner of the dog is guilty of an
offence and liable to a penalty not exceeding
20 penalty units.
30 (3) If a dog that is not a dangerous dog, attacks
or bites any person or animal and the injuries
caused by the dog to the person or animal are
not in the nature of a serious injury, the
owner of the dog is guilty of an offence and
561056B.I-10/10/2007 9 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 12
1994
liable to a penalty not exceeding 10 penalty
units.
(4) If a dog rushes at or chases any person, the
owner is guilty of an offence and liable to a
5 penalty of not more than 4 penalty units.
(5) Subsections (1), (2), (3) and (4) do not apply
if, the incident occurred--
(a) because the dog was being teased,
abused or assaulted; or
10 (b) because a person was trespassing on the
premises on which the dog was kept; or
(c) because another animal was on the
premises on which the dog was kept; or
(d) because a person known to the dog was
15 being attacked in front of the dog.
(6) Subsections (2), (3) and (4) do not apply if,
the incident occurred as part of a hunt in
which the dog was taking part and which
was conducted in accordance with the
20 Prevention of Cruelty to Animals Act
1986.
(7) If an owner of a dog is found guilty of an
offence under this section the court may, in
addition to any other order made by the
25 court, order that the owner pay compensation
for any damage caused by the conduct of the
dog.
(8) If the owner of a dog is found guilty of an
offence under this section, the court may
30 order that the dog be destroyed by an
authorised officer of the Council of the
municipal district in which the offence
occurred.
561056B.I-10/10/2007 10 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 13
1994
(9) In this section, owner, in relation to a dog,
means the person who apparently has control
of the dog at the time the dog conducts itself
in the manner specified in subsection (1), (2),
5 (3) or (4).".
13 References to conviction removed
In section 32(3) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) for "person is convicted" substitute "person
10 is found guilty";
(b) for "the convicted person" substitute "that
person".
14 Council may declare a dog to be dangerous
(1) In section 34(1)(a) of the Domestic (Feral and
15 Nuisance) Animals Act 1994, after "caused"
insert "the death of or".
(2) Section 34(3) of the Domestic (Feral and
Nuisance) Animals Act 1994 is repealed.
15 Reference to conviction removed
20 In section 41(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 omit "upon
conviction".
16 Declaration that a dog is a menacing dog
In section 41A(5) of the Domestic (Feral and
25 Nuisance) Animals Act 1994, for "convicted of
an offence against section 29(1A)" substitute
"found guilty of an offence under section 29(4)".
17 Reference to conviction removed
In section 41I of the Domestic (Feral and
30 Nuisance) Animals Act 1994 omit
", on conviction,".
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18 Limitation on ownership of restricted breed dogs
(1) After section 41J(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"(1A) An owner of a restricted breed dog that is
5 kept at a premises, which the owner occupies
and at which more than 2 restricted breed
dogs are kept, is guilty of an offence and
liable to a penalty of not more than 5 penalty
units.
10 (1B) Subsection (1A) does not apply if the
Council of the municipal district in which the
dogs are kept has issued a permit allowing
more than 2 restricted breed dogs to be kept
at the premises.".
15 (2) For section 41J(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"(2) A Council may issue a permit--
(a) to a person permitting that person to
own more than 2 restricted breed dogs;
20 or
(b) to a person in respect of premises
allowing more than 2 restricted breed
dogs to be kept at the premises.".
(3) In section 41J(3) of the Domestic (Feral and
25 Nuisance) Animals Act 1994, after "permit"
insert "under subsection (2)(a) or (2)(b)".
(4) After section 41J(5) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"(6) Any person who occupies premises in
30 respect of which a permit is issued under
subsection (2)(b) and who owns a restricted
breed dog kept at the premises, must comply
with the terms and conditions of the permit.
Penalty: 5 penalty units.".
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19 Reference to conviction removed
In section 41L of the Domestic (Feral and
Nuisance) Animals Act 1994 omit
", on conviction,".
5 20 Revocation or suspension of registration of animal
shelter or pound by Minister
In section 58(1)(b) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "section 81"
substitute "section 84Y".
10 21 Non-compliance with code of practice an offence
In section 63A(2)(a) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "section 81"
substitute "section 84Y".
22 Amendment to Part 4A heading
15 In the heading to Part 4A of the Domestic (Feral
and Nuisance) Animals Act 1994, for "DOGS
AND CATS" substitute "PRESCRIBED
CLASSES OF ANIMAL".
23 Section 63B substituted
20 For section 63B of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"63B Definition
In this Part, owner means--
(a) in relation to a dog or cat, the person
25 who has applied for registration or
renewal of registration of the dog or cat
under section 10, or, if the dog or cat is
not registered under section 10, the
person who has legal ownership of the
30 dog or cat;
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(b) in relation to a horse or any other
animal of a prescribed class of animal,
the person who has legal ownership of
the animal.".
5 24 Section 63C substituted
For section 63C of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"63C Offence to offer or provide animal
registry service without a licence
10 A person must not offer or provide an animal
registry service unless that person is the
holder of an animal registry licence.
Penalty: 60 penalty units.".
25 Requirements to keep and maintain records
15 At the end of section 63Z of the Domestic (Feral
and Nuisance) Animals Act 1994 insert--
"(2) On and from the commencement of
section 23 of the Animals Legislation
Amendment (Animal Care) Act 2007--
20 (a) in relation to a person who is taken to
be the holder of an animal registry
licence by the operation of section
102(2), a reference to the holder of a
domestic animals registry licence in
25 subsection (1) is taken to be a reference
to the holder of an animal registry
licence; and
(b) a reference to a domestic animals
registry service in subsection (1) is to
30 be taken to be a reference to an animal
registry service.".
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26 Heading to Part 7 substituted
For the heading to Part 7 of the Domestic (Feral
and Nuisance) Animals Act 1994 substitute--
"PART 7--AUTHORISED OFFICERS".
5 27 Division heading omitted
Omit the heading to Division 1 of Part 7 of the
Domestic (Feral and Nuisance) Animals Act
1994.
28 Powers of authorised officers
10 (1) In section 74(2)(f) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "section 77"
substitute "Division 2 of Part 7A".
(2) In section 74A of the Domestic (Feral and
Nuisance) Animals Act 1994, for "section 10, 20,
15 21, 22, 23, 24, 25, 26, 27, 32, 38, 41E or 41G"
substitute "section 10, 12A, 20, 21, 22, 23, 24,
25, 26, 27, 29(3), 29(4), 32, 38, 39, 41E, 41EA,
41G, 41H or 41I".
29 Substitution of Division 2 of Part 7
20 For Division 2 of Part 7 of the Domestic (Feral
and Nuisance) Animals Act 1994 substitute--
"PART 7A--POWERS TO SEIZE AND DISPOSE
OF DOGS OR CATS
Division 1--Definition
25 77 Definition
In this Part authorised officer means an
authorised officer appointed under
section 72.
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Division 2--Seizure of dogs or cats
78 Seizure of dangerous dogs
(1) An authorised officer of a Council may seize
a dangerous dog that is in the municipal
5 district of that Council if the dog is able to be
registered or have its registration renewed by
the Council under this Act and if--
(a) the Council has made a decision to
refuse to register or renew the
10 registration of the dog; and
(b) any review of that decision has
affirmed the decision or the owner has
not applied for a review of that decision
within the time fixed for review under
15 section 98(2A).
(2) An authorised officer of a Council may seize
a dog that is in the municipal district of that
Council if the dog is a dangerous dog and--
(a) the owner has been found guilty of an
20 offence under Division 3 of Part 3 with
respect to that dog; or
(b) the authorised officer reasonably
suspects that the owner has committed
an offence under Division 3 of Part 3
25 with respect to that dog.
79 Seizure of restricted breed dogs
(1) An authorised officer of a Council may seize
a restricted breed dog that is in the municipal
district of that Council if the dog is able to be
30 registered or have its registration renewed by
the Council under this Act and if--
(a) the Council has made a decision to
refuse to register or renew the
registration of the dog; and
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(b) any review of that decision has
affirmed the decision or the owner has
not applied for a review of that decision
within the time fixed for review under
5 section 98(2A).
(2) An authorised officer of a Council may seize
a dog that is in the municipal district of that
Council if the dog is a restricted breed dog
that is not able to be registered or have its
10 registration renewed by the Council under
this Act.
(3) An authorised officer of a Council may seize
a dog that is in the municipal district of that
Council if the dog is a restricted breed dog
15 and--
(a) the owner has been found guilty of an
offence under Division 3B of Part 3
with respect to that dog; or
(b) the authorised officer reasonably
20 suspects that the owner has committed
an offence under Division 3B of Part 3
with respect to that dog.
80 Seizure of dogs believed to be restricted
breed dogs
25 An authorised officer of a Council may seize
a dog that is in the municipal district of that
Council if the authorised officer reasonably
believes the dog is a restricted breed dog.
81 Seizure of dog urged or trained to attack
30 or having attacked
An authorised officer of a Council may seize
a dog that is in the municipal district of that
Council if--
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(a) the owner has been found guilty of an
offence under section 28, 28A or 29
with respect to that dog; or
(b) the authorised officer reasonably
5 suspects that the owner has committed
an offence under section 28, 28A or 29
with respect to that dog.
82 Seizure of unregistered dog or cat
An authorised officer of a Council may seize
10 a dog or cat that is in the municipal district
of that Council if the owner of the animal has
not applied to register the animal within one
month after--
(a) being found guilty of an offence of not
15 having applied to register the animal; or
(b) being served with an infringement
notice in respect of that offence--
(i) which has not been withdrawn in
accordance with the
20 Infringements Act 2006; and
(ii) in respect of which the owner has
paid the penalty in accordance
with the Infringements Act 2006.
83 Seizure of dog or cat that does not comply
25 with the registration requirements under
Act
An authorised officer of a Council may seize
an unregistered dog or cat that is in the
municipal district of the Council if the dog or
30 cat is not able to be registered or have its
registration renewed by the Council under
this Act.
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84 Seizure of dog or cat in certain
circumstances
A person may seize a dog or cat if it is found
in an area or in circumstances where the
5 owner of the animal would be guilty of an
offence under section 23, 24, 25 or 26.
84A Seizure of cat without current
identification
A person may seize a cat if--
10 (a) it is found outside the owner's premises
without current identification that has
been issued by a Council; and
(b) it appears to be over 3 months old.
84B Seizure of dog or cat after court order
15 under section 84W
(1) An authorised officer of a Council may seize
a dog or cat if--
(a) the Magistrates' Court has made an
order under section 84W with respect to
20 the owner of the dog or cat and the
order has not been complied with; and
(b) after the order has been made, the dog
or cat that is the subject of the order is
found outside the owner's premises in
25 circumstances in which the authorised
officer of the Council of the municipal
district in which the owner's premises
are situated reasonably suspects that the
owner of the dog or cat has committed
30 an offence under section 23(4), 24(1),
24(2) or 25(1).
(2) In this section authorised officer of a
Council means an authorised officer
appointed by that Council under section 72
35 or 72A.
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84C Seizure of abandoned dog or cat
(1) An authorised officer may enter any
premises (including a person's residence) at
the request of the owner of the premises if he
5 or she reasonably suspects that there is an
abandoned dog or cat in or on the premises.
(2) If there is an occupier of the premises that is
not the owner of the premises, an authorised
officer must not enter the premises without
10 the consent of that occupier.
(3) An authorised officer who enters premises
under subsection (1) may search for and
seize any dog or cat in or on the premises
that he or she reasonably believes has been
15 abandoned.
(4) An authorised officer who seizes a dog or cat
under this section must--
(a) if there is an occupier of the premises,
cause a notice of seizure to be left with
20 the occupier;
(b) in any other case, fix a notice of seizure
to the premises at the time of the
seizure so that it is visible to persons
wishing to enter the premises.
25 84D Seized dog or cat must be delivered up
(1) A person (other than an authorised officer)
who seizes a dog or cat under section 84 or
84A must, as soon as is reasonably possible,
deliver it to an authorised officer of the
30 Council of the municipal district in which it
was seized, or to a person or body which has
an agreement under section 84Y with that
Council.
Penalty: 5 penalty units.
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(2) If a person is found guilty of an offence
under subsection (1), the Magistrates' Court
may, on the application of an authorised
officer of the Council of the municipal
5 district in which the animal was seized, order
that the person return the animal to the
authorised officer.
Division 3--Search warrants
84E Search warrants for dogs or cats
10 (1) An authorised officer may apply to a
magistrate for the issue of a search warrant
in relation to a person's residence, if the
officer believes on reasonable grounds that
there is present in or on the premises a dog
15 or cat, which the officer is entitled to seize
under this Part.
(2) If the magistrate is satisfied, by the evidence,
on oath or by affidavit, of the authorised
officer that there are reasonable grounds to
20 believe that a dog or cat that the authorised
officer is entitled to seize under this Part is
present in or on the premises, the magistrate
may issue a search warrant, in accordance
with the Magistrates' Court Act 1989,
25 authorising an authorised officer named in
the warrant, together with any other person
or persons named or otherwise identified in
the warrant to assist the officer, and with any
necessary equipment--
30 (a) to enter the premises specified in the
warrant; and
(b) to search for the dog or cat identified in
the warrant; and
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(c) to examine that dog or cat for the
purposes of identifying the owner of the
dog or cat; and
(d) if necessary, to seize that dog or cat.
5 (3) A search warrant issued under this section
must state--
(a) the purpose for which the search is
required; and
(b) any conditions to which the warrant is
10 subject; and
(c) that entry to the premises is authorised
to be made at any reasonable time of
the day; and
(d) a day, not later than 28 days after the
15 issue of the warrant, on which the
warrant ceases to have effect.
(4) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
20 extend and apply to warrants under this
section.
(5) Despite section 78(1)(b)(iii) of the
Magistrates' Court Act 1989, a warrant
issued under this Division must not authorise
25 an authorised officer to arrest a person.
84F Announcement before entry
(1) On executing a search warrant, the
authorised officer executing the warrant--
(a) must announce that he or she is
30 authorised by the warrant to enter the
premises; and
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(b) if the authorised officer has been unable
to obtain unforced entry, must give any
person at the premises an opportunity to
allow entry to the premises.
5 (2) An authorised officer need not comply with
subsection (1) if he or she believes, on
reasonable grounds, that immediate entry to
the premises is required to ensure--
(a) the safety of any person; or
10 (b) that the effective execution of the
search warrant is not frustrated.
84G Details of warrant to be given to occupier
(1) If the occupier is present at the premises
where a search warrant is being executed, the
15 authorised officer must--
(a) identify himself or herself to the
occupier; and
(b) give to the occupier a copy of the
warrant.
20 (2) If the occupier is not present at the premises
where a search warrant is being executed but
another person is, the authorised officer
must--
(a) identify himself or herself to the person
25 at the premises; and
(b) give to the person a copy of the
warrant.
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Division 4--Steps to be taken after seizure of
dog or cat
84H Identified owners must be served with
notice of seizure
5 (1) If the owner of a dog or cat that has been
seized by or delivered to an authorised
officer under section 23(1) or this Part is able
to be identified from a marker attached to, or
a device implanted in, the animal's body, the
10 authorised officer must serve a notice of
seizure on the owner.
(2) If the owner of a dog or cat that has been
seized under this Part and delivered to a
person or body which has an agreement with
15 a Council under section 84Y is able to be
identified from a marker attached to, or a
device implanted in, the animal's body, the
person or body holding the animal must
serve a notice of seizure on the owner.
20 (3) A notice of seizure that is required to be
served under the Act must be served either
personally on the owner or by post to the last
known address of the owner within 4 days
after the dog or cat is seized.
25 84I Notice of seizure
For the purposes of this Act, a notice of
seizure is a notice that states the following--
(a) that the dog or cat has been seized and
a description of the animal;
30 (b) the contact details of the person or body
that has custody of the animal;
(c) the date of seizure of the animal;
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(d) if a notice of objection has been served
on the owner of an animal that has
trespassed on private property under
section 23(3), the address of that
5 property;
(e) if the animal is not to be retained in
custody or disposed of under this Act,
the period within which the owner of
the animal may recover the animal and
10 the requirements of recovery under
Division 5;
(f) that, if the animal is not recovered
within any period for recovery of the
animal, the animal may be sold or
15 destroyed after the end of that period;
(g) whether the Council intends to retain
custody of the animal under this Act or
dispose of the animal under this Act.
84J Custody of seized dogs or cats
20 If an authorised officer has seized a dog or
cat under section 23(1), 82, 83, 84, 84A, 84B
or 84C, the Council or person or body
holding the dog or cat may retain custody of
the dog or cat until the animal is recovered
25 under Division 5 or disposed of under
Division 6 (as the case may be).
84K Owners of dogs believed to be restricted
breed dogs must be served with
declaration
30 (1) If an authorised officer has seized a dog
under section 80 and the authorised officer is
able to identify the owner of the dog from a
marker attached to, or a device implanted in,
the dog's body or information received that is
35 sufficient to enable the identification of the
owner and the authorised officer reasonably
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believes that the dog is a restricted breed
dog, the authorised officer must serve a
declaration made under section 98A on the
owner of the dog within 7 days of the
5 seizure.
(2) Subsection (1) applies despite anything to
the contrary in section 98B.
84L Custody of seized dogs believed to be
restricted breed dogs
10 (1) If an authorised officer has served a
declaration made under section 98A on the
owner of a dog in accordance with
section 84K, the Council or person or body
holding the dog may retain custody of the
15 dog until--
(a) any review of the decision to make a
declaration under section 98A is
determined under Part 7E; and
(b) the dog is recovered under Division 5
20 or disposed of under Division 6 (as the
case may be).
(2) If an authorised officer has seized a dog
under section 80 in the reasonable belief that
it is a restricted breed dog and the authorised
25 officer is not able to serve a declaration
made under section 98A on the owner
because the authorised officer is not able to
identify the owner of the dog, the Council or
person or body holding the dog may retain
30 custody of the dog until it is destroyed under
Division 6.
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Division 5--Recovery of seized dog or cat
84M Recovery of dog or cat
(1) A person may recover a dog or cat retained
by a Council, a person or a body, which has
5 been seized under section 23(1), 82, 83, 84,
84A, 84B or 84C and in respect of which the
Council has decided not to retain custody, if
within 8 days (or 14 days in the case of an
abandoned animal) of the seizure--
10 (a) the person pays the amount fixed by the
Council or charged by the person or
body for the reasonable costs and
expenses incurred by the Council,
person or body in seizing the animal
15 and retaining custody of it until its
recovery; and
(b) the person proves to the satisfaction of
the Council or person or body that he or
she is the owner of the animal or the
20 agent of that owner; and
(c) the owner has complied with any
requirements of this Act or the
regulations placed on the owner with
respect to that animal.
25 Note
For example under section 10A the animal may
have to be desexed in order to be registered
under this Act and under section 10C the
animal may have to be implanted with a
30 prescribed permanent identification device to
be registered under this Act.
(2) If a person has been prosecuted for an
offence set out in section 84Q(2) and has not
been found guilty of that offence, the owner
35 of the dog or cat, to which the offence
relates, may recover the animal if he or she
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within 8 days after the completion of
proceedings--
(a) proves to the satisfaction of the Council
or person or body retaining the animal
5 that he or she is the owner of the
animal; and
(b) ensures that any requirements of this
Act or the regulations placed on the
owner with respect to that animal have
10 been complied with.
Note
For example under section 10A the animal may
have to be desexed in order to be registered
under this Act and under section 10C the
15 animal may have to be implanted with a
prescribed permanent identification device to
be registered under this Act.
84N Recovery of dog believed to be a restricted
breed dog
20 (1) A person may recover a dog that was seized
under this Part by an authorised officer in the
reasonable belief that the dog was a
restricted breed dog if--
(a) after having been served with a
25 declaration made under section 98A--
(i) the declaration has been affirmed
by a review under Part 7E; or
(ii) an application for review of the
declaration has not been made
30 within the time fixed for review
under Part 7E; and
(b) the dog is able to be registered or have
its registration renewed by the Council
under this Act; and
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(c) the Council does not require custody of
the dog until the outcome of any
prosecution that it proposes to take
against the owner for an alleged
5 commission of an offence relating to
the dog under this Act or the
regulations; and
(d) the person pays the amount fixed by the
Council or charged by the person or
10 body retaining custody of the dog for
the reasonable costs and expenses
incurred by the Council, person or body
in seizing the dog and retaining custody
of it until its recovery; and
15 (e) the person proves to the satisfaction of
the Council or person or body that he or
she is the owner of the dog or the agent
of the owner; and
(f) the owner has complied with the
20 requirements of this Act or the
regulations placed on the owner with
respect to that dog.
Note
Under section 17(1AA) a restricted breed dog
25 cannot be registered by the Council unless the
circumstances set out in section 17(1A) apply.
In addition, under sections 10A(4) and 10C(6),
a Council cannot register a restricted breed dog
unless the dog is desexed (subject to the
30 exception under section 10B(1)(e)) and has
been implanted with a prescribed permanent
identification device.
(2) A person may recover a dog under
subsection (1) within 8 days after the earlier
35 of the following--
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(a) the affirmation of the declaration made
under section 98A by a review under
Part 7E; or
(b) if an application for review of the
5 declaration has not been made within
the time fixed under Part 7E, the expiry
of that time.
(3) A person may recover a dog that was seized
under this Part by an authorised officer in the
10 reasonable belief that the dog was a
restricted breed dog--
(a) if--
(i) within 7 days after the seizure, the
authorised officer does not serve a
15 declaration made under
section 98A on the owner of the
dog; or
(ii) such a declaration is served on the
owner and it has been set aside by
20 a review under Part 7E; and
(b) if the Council does not require custody
of the dog until the outcome of any
prosecution that it proposes to take
against the owner for an alleged
25 commission of an offence relating to
the dog under this Act or the
regulations; and
(c) if the person proves to the satisfaction
of the Council or person or body
30 retaining custody of the dog that he or
she is the owner of the dog or the agent
of the owner; and
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(d) the owner has complied with the
requirements of this Act or the
regulations placed on the owner with
respect to the dog.
5 Note
Under section 10A the dog may have to be
desexed in order to be registered under this Act
and under section 10C the dog may have to be
implanted with a prescribed permanent
10 identification device to be registered under this
Act.
(4) A person who recovers a dog under
subsection (3) is not liable to pay, and the
Council, person or body must not fix, any
15 amount for the costs and expenses incurred
by the Council, person or body in seizing the
dog and retaining custody of it until its
recovery.
Division 6--Disposal of seized dogs or cats
20 84O Power to sell or destroy dogs or cats seized
under this Part
(1) The Council or person or body holding a cat
seized under this Part may destroy the cat as
soon as possible after its seizure if--
25 (a) the cat does not bear an identification
marker or a permanent identification
device; and
(b) the cat is wild, uncontrollable or
diseased.
30 (2) If the owner of a dangerous dog or a
restricted breed dog seized under this Part is
entitled to recover the dog under Division 5
and does not recover the dog in accordance
with that Division within the period provided
35 for recovery, the Council or person or body
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retaining custody of the dog must destroy the
dog as soon as possible after the expiry of
that period.
(3) If the owner of a dog or cat (other than a
5 dangerous dog or a restricted breed dog)
seized under this Part is entitled to recover
the animal under Division 5 and does not
recover the animal in accordance with that
Division within the period provided for
10 recovery, the Council or person or body
retaining custody of the animal must sell or
destroy the animal as soon as possible after
the expiry of that period in accordance with
any relevant Code of Practice made under
15 section 59.
84P Further power to destroy dogs
The Council may destroy a dog which has
been seized under this Part at any time after
its seizure if--
20 (a) the dog is a dangerous dog or a
restricted breed dog that is able to be
registered or have its registration
renewed under this Act and if--
(i) the Council has made a decision to
25 refuse to register or renew the
registration of the dog; and
(ii) a review of that decision has
affirmed the decision or the owner
has not applied for a review of
30 that decision within the time fixed
for review under section 98(2A);
or
(b) the dog is a restricted breed dog--
(i) that is not able to be registered or
35 have its registration renewed by
the Council under this Act; and
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(ii) if the dog was seized by an
authorised officer in the
reasonable belief that it was a
restricted breed dog, the
5 provisions of this Part have been
complied with; or
(c) the dog is a dangerous dog whose
owner has been found guilty of an
offence under Division 3 of Part 3 with
10 respect to that dog; or
(d) the dog is a restricted breed dog whose
owner has been found guilty of an
offence under Division 3B of Part 3
with respect to that dog; or
15 (e) the dog's owner has been found guilty
of an offence under section 28, 28A
or 29 with respect to the dog.
84Q Prosecution of identified animal owners
suspected of committing offences
20 (1) If an authorised officer reasonably suspects
that an owner of a dog or cat seized under
this Part has committed an offence set out in
subsection (2) with respect to that animal and
the Council has sufficient information about
25 the owner to enable it to commence
prosecution for the offence and it proposes to
prosecute the owner for that offence, the
Council--
(a) subject to subsection (3), must
30 commence prosecution as soon as
possible after the seizure; and
(b) in the case of a dog or cat seized under
section 84B, may retain custody of the
animal until the outcome of the
35 prosecution is known; and
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(c) in any other case, must retain custody
of the dog until the outcome of the
prosecution is known.
(2) For the purposes of subsection (1) the
5 offences are as follows--
(a) an offence under Division 3 of Part 3;
(b) an offence under Division 3B of Part 3;
(c) an offence under section 28, 28A or 29;
(d) an offence under section 23(4), 24(1),
10 24(2) or 25(1) that has resulted in a
breach of an order under section 84W.
(3) If a dog whose owner is to be prosecuted by
the Council under this section for an offence
referred to in subsection (2)(b) has been
15 seized under this Part by an authorised
officer in the reasonable belief that the dog
was a restricted breed dog, the Council must
not commence the prosecution for that
offence unless--
20 (a) the owner has been served with a
declaration made under section 98A;
and
(b) the declaration has been affirmed by a
review under Part 7E or an application
25 for review of the declaration has not
been made within the time fixed under
Part 7E.
84R Council may require owner of animal to
provide current address
30 If an authorised officer reasonably suspects
that an owner of a dog seized under this Part
has committed an offence set out in
paragraph (a), (b) or (c) of section 84Q(2)
and the Council does not have sufficient
35 information about the owner to enable it to
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commence prosecution for the offence, the
Council may require, in the notice of seizure,
that the owner provide his or her current
address to the Council within 14 days after
5 service of that notice.
84S Council may destroy animals of non-
identified dog owners suspected of
committing an offence
If an authorised officer reasonably suspects
10 that an owner of a dog seized under this Part
has committed an offence set out in
paragraph (a), (b) or (c) of section 84Q(2)
the Council may destroy the dog--
(a) if the owner of the dog does not provide
15 the Council with the owner's current
address within 14 days after being
served with a notice of seizure
requiring that address to be provided, at
any time after the expiry of that 14 day
20 period; or
(b) within 8 days after the dog was seized
if--
(i) the owner of the dog is unable to
be identified from a marker
25 attached to, or a device implanted
in, the dog's body; and
(ii) the Council has not received
sufficient information about the
owner to enable it to identify the
30 owner.
84T Council must destroy dog believed to be a
restricted breed dog if owner unknown
Despite anything to the contrary in this Part,
the Council must destroy a dog seized under
35 section 80 within 8 days after the seizure
if--
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(a) the owner of the dog is unable to be
identified from a marker attached to, or
a device implanted in, the dog's body or
information received by the Council
5 that is sufficient to enable identification
of the owner; and
(b) the authorised officer reasonably
believes that the dog is a restricted
breed dog.
10 84U Seized animal must be desexed before sold
If a Council, person or body proposes to sell
a dog or cat that has been seized and that has
not been desexed, the Council, person or
body must ensure that the animal is desexed
15 before it is sold.
84V Method of disposal of dogs or cats
(1) If a Council, person or body is authorised
under this Act to destroy a dog or cat, that
person must destroy the animal humanely.
20 Penalty: 5 penalty units.
(2) A Council, person or body that is authorised
under this Act to sell or destroy an animal
may give that animal to any person or body
that is willing to accept it and which has
25 been approved by the Council of the
municipal district in which the animal is held
in accordance with a Code of Practice made
under section 7 of the Prevention of Cruelty
to Animals Act 1986 relating to the use of
30 such an animal in scientific procedures.
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Division 7--Court powers
84W Power of Court to make orders in relation
to dogs and cats found outside owners'
premises
5 (1) If the owner of a dog or cat is found guilty
by the Magistrates' Court of an offence under
section 23(4), 24(1), 24(2) or 25(1), the
Court may make an order requiring the
owner to carry out the works that are
10 specified by the Court for the purpose of
ensuring that the animal, which is the subject
of the offence, is not able to escape from the
owner's premises.
(2) Section 135 of the Magistrates' Court Act
15 1989 applies to an order made under this
section.
84X Power of Court to order payment of costs
and disposal of dogs or cats
(1) If the owner of a dog or cat is found guilty of
20 an offence in a proceeding commenced
under section 84Q, the Magistrates' Court
may make any one or more of the following
orders--
(a) in the case of an offence referred to in
25 section 84Q(2)(d), that the dog or cat be
sold or destroyed;
(b) in any other case, that the dog be
destroyed;
(c) if the dog or cat has been seized by the
30 Council, that the owner pay the amount
fixed by the Council for the reasonable
costs and expenses incurred by the
Council during any period (until the
outcome of the proceeding) for which
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the Council has had the custody of the
animal.
(2) If the Magistrates' Court has found that the
owner has not complied with an order under
5 section 84W, the Magistrates' Court may (in
addition to any power the Court has to make
orders under the Magistrates' Court Act
1989) make either or both of the following
orders--
10 (a) order that the dog or cat be sold or
destroyed;
(b) if the dog or cat has been seized by the
Council, that the owner pay the
reasonable costs and expenses incurred
15 by the Council for any period (until the
outcome of the proceeding) for which
the Council has had the custody of the
animal.
Division 8--General
20 84Y Agreements to seize, retain or dispose of
dogs or cats
A Council may enter into an agreement in
writing with a person or body under which
the person or body may be able to do all or
25 any of the following in accordance with the
provisions of this Part--
(a) seize any dog or cat under section 84;
(b) retain custody of any seized dog or cat;
(c) sell or destroy any seized dog or cat;
30 (d) charge fees for any of the above.
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84Z Offences relating to seized cats or dogs
(1) A person must not rescue, attempt to rescue
or interfere with a dog or cat seized under
this Act.
5 Penalty: 5 penalty units.
(2) A person must not remove or attempt to
remove any dog or cat seized under this Act
from the custody of a Council, person or
body authorised to retain custody of the
10 animal under this Act or interfere with a dog
or cat in such custody.
Penalty: 5 penalty units.
(3) A person must not destroy, injure or attempt
to destroy or injure any structure or
15 enclosure in which a dog or cat is kept by a
Council, person or body for the purposes of
this Act.
Penalty: 5 penalty units.
84ZA Offence to unlawfully seize or destroy a
20 dog or cat
(1) A person--
(a) who seizes, sells, injures or destroys a
dog or cat; and
(b) who is not authorised to do so by the
25 owner or under this Act or any other
Act--
is guilty of an offence and liable to a penalty
of not more than 3 penalty units.
(2) A person who is guilty of an offence under
30 subsection (1) of the destruction of an animal
is liable to pay the owner of the animal the
full value of the animal.".
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1994
30 Substitution for Division 3 of Part 7
For the heading to Division 3 of Part 7 of the
Domestic (Feral and Nuisance) Animals Act
1994 substitute--
5 "PART 7B--INFRINGEMENT NOTICES".
31 Substitution of section 85
For section 85 of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"85 Power to serve infringement notice
10 (1) If an authorised officer of a class referred to
in column one of the Table at the foot of this
subsection has reason to believe that a person
has committed an offence against a section
of this Act set out in column 2 of the Table
15 that corresponds to that class of authorised
officer, he or she may serve an infringement
notice on that person.
Table
Column 1 Column 2
Class of
authorised
officer Sections of this Act
Authorised 10, 12A, 20, 21, 22, 23, 24, 25,
officer 26, 27, 32, 37(1C), 37(2), 38,
appointed under 41D(b), 41D(ba), 41D(bb),
section 71 41D(c), 41E, 41EA, 41F, 41G,
63A, 63D, 63F, 63G, 63H(1),
63H(2), 63I(1), 63J(1), 96
Authorised 63D, 63F, 63G, 63H(1),
officer 63H(2), 63I(1), 63J(1)
appointed under
section 71A
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Column 1 Column 2
Class of
authorised
officer Sections of this Act
Authorised 10, 12A, 20, 21, 22, 23, 24, 25,
officer 26, 27, 29(3), 29(4), 32, 37(1C),
appointed under 37(2), 38, 39, 41H, 41D(b),
section 72 41D(ba), 41D(bb), 41D(c), 41E,
41EA, 41F, 41G, 41I, 63A,
63J(1), 96
Authorised 10, 12A, 20, 21, 22, 23, 24, 25,
officer 26, 27, 29(3), 29(4), 32, 38, 39,
appointed under 41E, 41EA, 41G, 41H, 41I
section 72A
(2) If an authorised officer has reason to believe
that a person has committed an offence
against the regulations, which the officer has
power to enforce under this Act, and the
5 offence is prescribed in the regulations for
the purposes of this Part, the officer may
serve an infringement notice on that person.
(3) An offence referred to in subsection (1) or
(2) for which an infringement notice may be
10 served is an infringement offence within the
meaning of the Infringements Act 2006.".
32 Penalties to be paid for offences under infringement
notices
In section 88 of the Domestic (Feral and
15 Nuisance) Animals Act 1994, for "which must
not exceed 2 penalty units and must not exceed
the penalty fixed by the Act for that offence"
substitute "which must not exceed 5 penalty units
and must not exceed the penalty for that offence".
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1994
33 New Part heading inserted
Insert the following heading after section 88 of
the Domestic (Feral and Nuisance) Animals Act
1994--
5 "PART 7C--PROVISIONS RELATING TO
ENFORCEMENT AND COURT
PROCEEDINGS".
34 Amendment of Division heading
In the heading to Division 4 of Part 7 of the
10 Domestic (Feral and Nuisance) Animals Act
1994, for "Division 4" substitute "Division 1".
35 Evidentiary provisions
In section 94(1)(b) of the Domestic (Feral and
Nuisance) Animals Act 1994 omit "Division 1
15 of".
36 Repeal of Division 4A of Part 7
Division 4A of Part 7 of the Domestic (Feral and
Nuisance) Animals Act 1994 is repealed.
37 Amendment of Division heading
20 In the heading to Division 5 of Part 7 of the
Domestic (Feral and Nuisance) Animals Act
1994, for "Division 5" substitute "Division 2".
38 Substitution of Division heading
For the heading to Division 6 of Part 7 of the
25 Domestic (Feral and Nuisance) Animals Act
1994 substitute--
"PART 7D--REVIEW OF DECISIONS BY
VICTORIAN CIVIL AND ADMINISTRATIVE
TRIBUNAL".
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1994
39 Review of decisions by VCAT
In section 98(2)(b) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "restricted
breed dog" insert "that is not prohibited from
5 being registered or having its registration renewed
by the Council under section 10A(4), 10C(6) or
17(1AA)".
40 Substitution of Division heading
For the heading to Division 7 of Part 7 of the
10 Domestic (Feral and Nuisance) Animals Act
1994 substitute--
"PART 7E--IDENTIFICATION OF
RESTRICTED BREED DOGS".
41 Regulations
15 (1) In sections 100(1)(bd) and 100(1)(bf) of the
Domestic (Feral and Nuisance) Animals Act
1994, for "domestic animals registry licences"
(wherever occurring) substitute "animal registry
licences".
20 (2) For section 100(1)(be) of the Domestic (Feral
and Nuisance) Animals Act 1994 substitute--
"(be) charges made by the holders of animal
registry licences for the provision of animal
registry services; and".
25 (3) In section 100(1)(bg) of the Domestic (Feral and
Nuisance) Animals Act 1994, for "domestic
animals" substitute "animals of prescribed classes
of animal".
(4) After section 100(1)(fa) of the Domestic (Feral
30 and Nuisance) Animals Act 1994 insert--
"(fb) prescribing infringement offences for the
purposes of Part 7B; and
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Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
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1994
(fc) prescribing, for the purposes of Part 7B,
penalties not exceeding 5 penalty units for
infringement offences; and".
(5) In section 100(2)(d) of the Domestic (Feral and
5 Nuisance) Animals Act 1994, for "5 penalty
units" substitute "10 penalty units".
42 Section 102 substituted
For section 102 of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
10 "102 Transitional provisions--Animals
Legislation Amendment (Animal Care)
Act 2007
(1) A reference in any Act (other than this Act)
or in any instrument made under any Act or
15 in any other document of any kind to the
Domestic (Feral and Nuisance) Animals
Act 1994 is deemed to be a reference to the
Domestic Animals Act 1994 so far as it
applies to any period on or after the
20 commencement day, unless the contrary
intention appears.
(2) A domestic animals registry licence in force
immediately before the commencement day
is taken to be an animal registry licence.
25 (3) If a horse has been implanted with a
permanent identification device immediately
before the commencement day, that horse is
taken to have been implanted with a
prescribed permanent identification device.
30 (4) The holder of an animal registry licence
must, in relation to any record of identifying
information kept and maintained in respect
of a horse by the holder as part of a service
in the nature of an animal registry service
35 provided by the holder immediately before
the commencement day--
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1994
(a) keep and maintain that record in the
manner prescribed and containing the
prescribed information; and
(b) keep and maintain a copy of that record
5 in the manner prescribed.
Penalty: 120 penalty units.
(5) In this section commencement day means
the day that section 23 of the Animals
Legislation Amendment (Animal Care)
10 Act 2007 comes into operation.".
43 Section 103 substituted
For section 103 of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"103 Transitional provisions--Animals
15 Legislation Amendment (Animal Care)
Act 2007
(1) The amendments made to this Act by
sections 9, 10(2), 11, 15, 17 and 19 of the
Animals Legislation Amendment (Animal
20 Care) Act 2007 apply only to offences
alleged to have been committed on or after
the commencement of those sections.
(2) For the purposes of subsection (1), if an
offence is alleged to have been committed
25 between two dates and the provision of the
Animals Legislation Amendment (Animal
Care) Act 2007 effecting the amendment
commences on a date between those two
dates, the offence is taken to have been
30 alleged to have been committed before the
commencement of that provision.
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1994
(3) An agreement entered into under section 81
as in force immediately before the
commencement of section 29 of the Animals
Legislation Amendment (Animal Care)
5 Act 2007 is taken to be an agreement entered
into under section 84Y.".
44 Further amendments to the Domestic (Feral and
Nuisance) Animals Act 1994
The Domestic (Feral and Nuisance) Animals
10 Act 1994 is amended as set out in Schedule 1.
__________________
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Animals Legislation Amendment (Animal Care) Bill 2007
Part 3--Amendments to the Impounding of Livestock Act 1994
s. 45
PART 3--AMENDMENTS TO THE IMPOUNDING OF
LIVESTOCK ACT 1994
45 Purposes amended
In section 1(a) of the Impounding of Livestock See:
Act No.
5 Act 1994, after "livestock" insert "that has been 89/1994.
abandoned or found". Reprint No. 2
as at
27 March
2003
and
amending
Act Nos
12/2004,
69/2004 and
28/2007.
LawToday:
www.
legislation.
vic.gov.au
46 Definitions
(1) In section 3 of the Impounding of Livestock
Act 1994--
10 (a) insert the following definitions--
"Department means the Department of
Primary Industries;
notice of seizure means a notice under
section 8A;
15 road has the same meaning as it has in
section 3(1) of the Local Government
Act 1989;
Secretary means the person who is, for the
time being, the Department Head
20 (within the meaning of the Public
Administration Act 2004) of the
Department;";
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s. 47
(b) for the definition of authorised person
substitute--
"authorised person means a person
authorised under section 5 to impound
5 livestock found trespassing;";
(c) for the definition of impound substitute--
"impound in relation to livestock, means the
seizing or taking possession of that
livestock and includes the holding of
10 that livestock until the livestock is
released or disposed of in accordance
with this Act;".
(2) In section 3 of the Impounding of Livestock Act
1994, in the definition of livestock, for "for
15 recreational purposes" substitute "or used for
recreational purposes or for the purposes of
recreational sport".
47 New Division heading inserted
Before section 5 of the Impounding of Livestock
20 Act 1994 insert--
"Division 1--Powers and duties relating to
impounding and release of livestock".
48 New heading inserted in section 5
Insert the following heading to section 5 of the
25 Impounding of Livestock Act 1994--
"Power to impound livestock found
trespassing".
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s. 49
49 New section 5A inserted
After section 5 of the Impounding of Livestock
Act 1994 insert--
"5A Power to enter land or building and
5 impound abandoned livestock
(1) An authorised officer of a council may enter
any land or building (excluding any building
occupied as a residence) in the municipal
district of that council at the request of the
10 owner if he or she reasonably suspects that
there is abandoned livestock in or on the land
or building.
(2) An authorised officer of a council who enters
a land or building under subsection (1)--
15 (a) may impound any livestock in or on the
land or building that he or she
reasonably believes have been
abandoned; and
(b) must deliver the livestock to a pound.
20 (3) An authorised officer of a council who
impounds livestock under this section must
fix a notice of seizure to the building or to
the entry gate of the land at the time of the
impounding so that it is visible to persons
25 wishing to enter the property.
(4) This section does not apply in respect of a
horse that is the subject of a lien under
Part 3A.".
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 50
50 General duty of persons who impound livestock
In section 6(1) of the Impounding of Livestock
Act 1994--
(a) for "An authorised person" substitute
5 "A person who has impounded livestock
under section 5 or 5A";
(b) in paragraph (e)(iii), omit "authorised".
51 Substitution of section 7
For section 7 of the Impounding of Livestock
10 Act 1994 substitute--
"7 Entitlement to reimbursement of charges
A person who has impounded livestock
under section 5 or 5A--
(a) is entitled to payment from the owner
15 of the livestock of charges relating to
the impounding of livestock; and
(b) may recover those charges from the
owner of the livestock as a civil debt
recoverable summarily in a court of
20 competent jurisdiction.".
52 Duties of authorised officer of council
For section 8(2) of the Impounding of Livestock
Act 1994 substitute--
"(2) As soon as possible after impounding
25 livestock under section 5 or 5A, or receiving
impounded livestock from an authorised
person, an authorised officer of a council
must--
(a) take reasonable steps to ascertain the
30 owner of the livestock including
scanning the livestock for any
permanent identification device and
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 53
checking for any other identification
marker; and
(b) if the owner of the livestock is known
or ascertained, serve a notice of seizure
5 on the owner.".
53 New section 8A inserted
After section 8 of the Impounding of Livestock
Act 1994 insert--
"8A Notice of seizure
10 (1) For the purposes of this Act, a notice of
seizure is a notice that sets out the
following--
(a) details of the impounded livestock
including a description of the livestock;
15 (b) the contact details of the authorised
officer of the council who impounded
or received the impounded livestock;
(c) the date of impounding of the livestock;
(d) the charges payable in respect of the
20 impounding;
(e) that the livestock may be sold or
disposed of unless the charges for
impounding are paid and the livestock
claimed;
25 (f) the details of the relevant powers under
this Act relating to the release and
disposal of livestock;
(g) the effect of sections 26 and 27 of this
Act.
30 (2) A notice of seizure must be served
personally on the owner or by registered post
to the last known address of the owner.".
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 54
54 Duties of owners and occupiers of land
In section 9 of the Impounding of Livestock Act
1994, after "impounding livestock" insert "under
section 5".
5 55 Owners and occupiers of land to deliver livestock to
pound
In section 10(1) of the Impounding of Livestock
Act 1994, after "who" insert "under section 5".
56 Procedure where owner claims livestock from owner
10 or occupier of land
In section 11(1) of the Impounding of Livestock
Act 1994, for "impounded livestock" substitute
"livestock impounded under section 5".
57 Duties of authorised officer who impounds livestock
15 on Crown land
In section 12 of the Impounding of Livestock
Act 1994, after "who" insert "under section 5".
58 Duties of officer of Roads Corporation
In section 13 of the Impounding of Livestock
20 Act 1994, after "who" insert "under section 5".
59 Duties of person authorised by relevant corporation
In section 13A of the Impounding of Livestock
Act 1994, after "who" (where secondly occurring)
insert "under section 5".
25 60 Duties of councils to notify owners
(1) In section 15(1) of the Impounding of Livestock
Act 1994--
(a) after "must" insert ", as soon as possible";
(b) for paragraph (d) substitute--
30 "(d) if the owner of the livestock is
ascertained by the council, serve a
notice of seizure on the owner.".
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 61
(2) For sections 15(2) and 15(3) of the Impounding
of Livestock Act 1994 substitute--
"(2) If livestock impounded under section 5 have
been delivered to a council pound by an
5 authorised person (other than an authorised
officer of a council) the council must, as
soon as possible--
(a) take reasonable steps to ascertain the
owner of the livestock, including
10 scanning the livestock for any
permanent identification device and
checking for any other identification
marker; and
(b) if the owner of the livestock is known
15 or ascertained by the council serve a
notice of seizure on the owner.".
61 Release of livestock from pound
In section 16(1) of the Impounding of Livestock
Act 1994, after "release of livestock" insert
20 "impounded under section 5 or 5A".
62 New Division 2 of Part 2 and new sections 16A
and 16B inserted
After section 16 of the Impounding of Livestock
Act 1994 insert--
25 "Division 2--Powers to serve notices relating to
trespassing livestock
16A Power to serve notice objecting to the
trespassing of livestock
(1) If an authorised officer of a council
30 reasonably believes that livestock have
trespassed on any land or road, he or she
may serve a notice on the owner of the
livestock objecting to the trespass of the
livestock.
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 62
(2) A notice under subsection (1) must be served
on the owner personally or by registered post
to the last known address of the owner.
(3) A notice under subsection (1) must be in a
5 form approved by the council and include the
following information--
(a) the date and location of the trespass;
(b) a description of livestock believed to
have trespassed;
10 (c) a description of the offence in
section 25A including the maximum
penalty;
(d) the contact details of the authorised
officer of the council.
15 16B Power to serve notice on owner regarding
confinement of livestock
(1) If an authorised officer of a council
reasonably believes that livestock are not
adequately confined on a property, he or she
20 may serve a notice on the owner of the
livestock directing the owner to take the
measures set out in the notice to ensure the
livestock are adequately confined.
(2) A notice under subsection (1) must be served
25 on the owner personally or by registered post
to the last known address of the owner.
(3) A notice under subsection (1) must be in a
form approved by the council and include the
following--
30 (a) a direction to take the measures set out
in the notice to adequately confine the
livestock;
(b) the time within which those measures
must be taken;
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 63
(c) a description of the offence in
section 25B including the maximum
penalty;
(d) the contact details of the authorised
5 officer of the council.".
63 Livestock to be held for 7 days
(1) Insert the following heading to section 17 of the
Impounding of Livestock Act 1994--
"Livestock found trespassing to be held for
10 7 days".
(2) In section 17(1) of the Impounding of Livestock
Act 1994, for "impounded livestock" substitute
"livestock impounded under section 5".
(3) Section 17(3) of the Impounding of Livestock
15 Act 1994 is repealed.
64 New section 17A inserted
After section 17 of the Impounding of Livestock
Act 1994 insert--
"17A Livestock found abandoned to be held for
20 14 days
A council, an authorised officer of which has
impounded livestock under section 5A, must
hold the livestock for at least 14 days after
the day that the livestock were impounded
25 before the council may dispose of the
livestock in accordance with this Part.".
65 Sale of unclaimed livestock
For section 18(1) of the Impounding of
Livestock Act 1994 substitute--
30 "(1) A council may offer for sale by public
auction or public tender impounded livestock
that are not collected within the period
within which the livestock are required to be
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 66
collected under section 17 or 17A (as the
case requires).".
66 Disposal of livestock
(1) In section 21 of the Impounding of Livestock
5 Act 1994, after "including destroying" insert
"or re-housing".
(2) In section 21(b) of the Impounding of Livestock
Act 1994, after "section 17" insert "or the 14 day
period referred to in section 17A (as the case may
10 be)".
67 Power of authorised officer of council to destroy
impounded livestock in certain circumstances
(1) In section 22(1) of the Impounding of Livestock
Act 1994, for "sections 8 and 17" substitute
15 "sections 8, 8A, 17 and 17A".
(2) For section 22(2)(b) of the Impounding of
Livestock Act 1994 substitute--
"(b) having considered the duties imposed on the
council, the livestock are worth less than the
20 cost of keeping the livestock at the pound--
(i) for at least 7 days (in a case to which
section 17 applies); and
(ii) for at least 14 days (in a case to which
section 17A applies).".
25 (3) In section 22(3) of the Impounding of Livestock
Act 1994, after "apply" insert "to livestock
impounded under section 5".
68 Amendment to Part heading
In the heading to Part 4 of the Impounding of
30 Livestock Act 1994, after "OFFENCES" insert
"RELATING TO LIVESTOCK".
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 69
69 New sections 25A and 25B inserted
After section 25 of the Impounding of Livestock
Act 1994 insert--
"25A Offence if livestock trespass after service
5 of notice under section 16A
If livestock are found trespassing after a
notice has been served on the owner of that
livestock under section 16A, the owner is
guilty of an offence and liable to a penalty of
10 not more than 20 penalty units.
25B Offence if non-compliance with notice
served under section 16B
An owner of livestock who has been served
with a notice under section 16B must comply
15 with the notice.
Penalty: 50 penalty units.".
70 Substitution of Part heading
For the heading to Part 5 of the Impounding of
Livestock Act 1994 substitute--
20 "PART 5--COURT PROCEEDINGS
CONCERNING IMPOUNDED LIVESTOCK".
71 Proceedings in the Magistrates' Court
In section 26 of the Impounding of Livestock
Act 1994, for "impounded livestock" substitute
25 "livestock impounded under this Act".
72 New headings inserted
After section 29 of the Impounding of Livestock
Act 1994 insert the following headings--
"PART 5A--GENERAL AND ENFORCEMENT
30 Division 1--General".
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 73
73 Application of money recovered under this Act
In section 33(1) of the Impounding of Livestock
Act 1994, for "Part 4" substitute "this Act".
74 New section 33A inserted
5 After section 33 of the Impounding of Livestock
Act 1994 insert--
"33A Power to file charges under this Act
A charge for an offence under this Act or
under the regulations may only be filed by--
10 (a) an authorised officer of a council (but
only in respect of an alleged offence
committed in the municipal district of
the council of which that person is an
officer); or
15 (b) an authorised officer.".
75 New Division 2 inserted in Part 6
Before Part 6 of the Impounding of Livestock
Act 1994 insert--
"Division 2--Infringement notices
20 33B Power to serve infringement notices
(1) An authorised officer of a council may serve
an infringement notice on a person who the
authorised officer has reason to believe has
committed an offence against section 25(e),
25 25(g), 25A or 25B.
(2) An authorised officer of a council may serve
an infringement notice on a person who the
authorised officer has reason to believe has
committed an offence against the regulations
30 if the offence is prescribed in the regulations
for the purposes of this Division.
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 76
33C Infringement offence
An offence referred to in section 33B for
which an infringement notice may be served
is an infringement offence within the
5 meaning of the Infringements Act 2006.
33D Infringement penalty
The infringement penalty for an infringement
offence under this Division is the penalty--
(a) which is prescribed by the regulations
10 as the infringement penalty for that
offence for the purposes of this
Division; and
(b) which must not exceed 5 penalty units
or the penalty for that offence.".
15 76 Section 34 substituted
For section 34 of the Impounding of Livestock
Act 1994 substitute--
"34 Regulations
(1) The Governor in Council may make
20 regulations for or with respect to--
(a) prescribing charges relating to the
impounding of livestock in areas
outside a municipal district;
(b) prescribing infringement offences for
25 the purposes of Division 2 of Part 5A;
and
(c) prescribing, for the purposes of
Division 2 of Part 5A, infringement
penalties not exceeding 5 penalty units
30 for infringement offences; and
(d) forms for the purposes of this Act; and
(e) fees for the purposes of this Act; and
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Part 3--Amendments to the Impounding of Livestock Act 1994
s. 76
(f) generally prescribing any other matter
or thing required or permitted by this
Act to be prescribed or necessary to be
prescribed to give effect to this Act.
5 (2) Regulations made under this Act--
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstance; and
10 (c) may leave any matter to be approved or
determined by the Minister or the
Secretary; and
(d) may be made so as to apply, adopt or
incorporate any matter contained in any
15 code, standard, rule, specification or
method formulated, issued, prescribed
or published by any authority or body
whether--
(i) wholly or partially or as amended
20 by the regulations; or
(ii) as formulated, issued, prescribed
or published at the time the
regulations are made or at any
time before then; or
25 (iii) as amended from time to time; and
(e) may impose penalties not exceeding
20 penalty units for contravention of
the regulations.".
__________________
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 77
PART 4--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
77 Definitions
(1) In section 3(1) of the Prevention of Cruelty to See:
Act No.
5 Animals Act 1986-- 46/1986.
Reprint No. 7
(a) insert the following definitions-- as at
1 December
"dock, in relation to the tail of a dog or a 2005
and
horse, means the amputation, removal amending
or shortening of the tail of the animal, Act No.
32/2006.
10 other than the shortening of the tail LawToday:
hairs of the animal; www.
legislation.
general inspector means a person who is a vic.gov.au
general inspector under section 18;
POCTA inspector means a general inspector
15 or a specialist inspector;
prohibited procedure means any of the
following--
(a) the procedure of cropping the ears
of a dog, unless the procedure is
20 done by a veterinary practitioner
for the purpose of having a
therapeutic effect on the dog; or
(b) the procedure of debarking a dog,
unless the procedure is done by a
25 veterinary practitioner and in
accordance with the Code of
Practice as to the debarking of
dogs; or
(c) the procedure of docking the tail
30 of a horse, unless the procedure is
done by a veterinary practitioner
for the purpose of having a
therapeutic effect on the horse; or
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 77
(d) the procedure of grinding,
clipping or trimming the teeth of a
sheep using an electrical or
motorised device, unless the
5 procedure is done by a veterinary
practitioner for the purpose of
having a therapeutic effect on the
sheep; or
(e) the procedure of removing the
10 claws of a cat, unless the
procedure is done by a veterinary
practitioner for the purpose of
having a therapeutic effect on the
cat; or
15 (f) the procedure of removing the
venom sacs of a reptile, unless the
procedure is done by a veterinary
practitioner for the purpose of
having a therapeutic effect on the
20 reptile;
specialist inspector means a person
appointed as a specialist inspector
under section 18A;";
(b) the definition of animal is repealed.
25 (2) In section 3(1) of the Prevention of Cruelty to
Animals Act 1986, in the definition of prohibited
procedure--
(a) in paragraph (c), before "horse" (where twice
occurring) insert "dog or";
30 (b) in paragraph (f), for "reptile;" substitute
"reptile; or";
(c) after paragraph (f) insert--
"(g) the procedure of thermocautery or
firing of a horse;".
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 77
(3) In section 3(1) of the Prevention of Cruelty to
Animals Act 1986 insert the following
definitions--
"rodeo licence means a licence granted under
5 section 17;
rodeo permit means a permit issued under
section 17B(1);
rodeo school permit means a permit issued under
section 17B(2);".
10 (4) After section 3(2) of the Prevention of Cruelty to
Animals Act 1986 insert--
"(3) In this Act, other than Part 3, animal
means--
(a) a live member of a vertebrate species
15 including any--
(i) fish or amphibian; or
(ii) reptile, bird or mammal, other
than any human being or any
reptile, bird or other mammal that
20 is below the normal mid-point of
gestation or incubation for the
particular class of reptile, bird or
mammal; or
(b) a live adult decapod crustacean, that
25 is--
(i) a lobster; or
(ii) a crab; or
(iii) a crayfish.".
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 78
78 Consequential amendments and repeals
(1) Section 5 of the Prevention of Cruelty to
Animals Act 1986 is repealed.
(2) In section 6(1A) of the Prevention of Cruelty to
5 Animals Act 1986, for "(within the meaning of
Part 2) may exercise a power set out in section
21A or 22A" substitute "may exercise a power set
out in Part 2A".
79 Definitions
10 (1) In section 8(1) of the Prevention of Cruelty to
Animals Act 1986, for the definition of rodeo
school substitute--
"rodeo school means the activity of training or
schooling persons in buck-jumping, rough-
15 riding, animal dogging, roping or tying;".
(2) In section 8(1) of the Prevention of Cruelty to
Animals Act 1986, the definitions of inspector,
permit and specialist inspector are repealed.
(3) Section 8(2) of the Prevention of Cruelty to
20 Animals Act 1986 is repealed.
80 Acts of cruelty
In section 9(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) for paragraphs (l), (la) and (m) substitute--
25 "(l) carries out a prohibited procedure on an
animal--";
(b) after "and is guilty of an offence" insert "and
is liable to a penalty of not more than, in the
case of a natural person, 120 penalty units or
30 imprisonment for 12 months or, in the case
of a body corporate, 600 penalty units";
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 81
(c) omit--
"Penalty: 60 penalty units or imprisonment
for 6 months.".
81 Penalty for aggravated cruelty
5 In section 10(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) after "and is guilty of an offence" insert "and
is liable to a penalty of not more than, in the
case of a natural person, 240 penalty units or
10 imprisonment for 2 years or, in the case of a
body corporate, 1200 penalty units";
(b) omit--
"Penalty: 120 penalty units or imprisonment
for twelve months.".
15 82 Insertion of new section 11A
After section 11 of the Prevention of Cruelty to
Animals Act 1986 insert--
"11A Further prohibited procedure offences
(1) The owner or person in charge of an animal
20 must not allow a prohibited procedure to be
carried out on the animal.
Penalty: 120 penalty units or imprisonment
for 12 months, in the case of a
natural person.
25 600 penalty units, in the case of a
body corporate.
(2) The owner or person in charge of an animal
on which a prohibited procedure has been
carried out must not--
30 (a) show or exhibit the animal; or
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 83
(b) allow another person to show or exhibit
the animal--
unless the prohibited procedure was carried
out--
5 (c) before the commencement of section 80
of the Animals Legislation
Amendment (Animal Care) Act 2007;
or
(d) in a jurisdiction other than Victoria, in
10 accordance with the law of that
jurisdiction, and the animal was not, at
any time on or before the procedure
was carried out, resident in Victoria.
Penalty: 20 penalty units.
15 (3) In this section--
exhibit, in relation to an animal, means the
general or public display of the animal
(whether or not for sale purposes);
show, in relation to an animal, means
20 causing the animal to participate in any
competition, performance or
entertainment.".
83 Serious offences
(1) For section 12(1) of the Prevention of Cruelty to
25 Animals Act 1986 substitute--
"(1) If a person has been convicted of one or
more offences under this Act and a court
considers that the offence or offences is or
are of a serious nature, the court may, in
30 addition to or instead of any other penalty,
order--
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 83
(a) that the person be disqualified for the
period (not exceeding 10 years)
specified in the order, from being a
person in charge of an animal of a kind
5 or class specified in the order; or
(b) that the conditions, specified in the
order, apply for the period specified in
the order to the person whenever the
person is a person in charge of an
10 animal.
(1A) If a court making an order under subsection
(1) is satisfied by the evidence, on oath or
affidavit, of a POCTA inspector that there
are reasonable grounds to believe that the
15 person who has been convicted of the
offence or offences is holding an animal on
premises, including residential premises, in
contravention of this section, the court may,
by order, authorise the inspector to enter the
20 premises and search for and seize the animal
and dispose of the animal in accordance with
Division 6 of Part 2A.
(1B) Part 2A applies to an order under subsection
(1A) as if it were a search warrant for the
25 animal issued under section 24G.".
(2) For section 12(7) of the Prevention of Cruelty to
Animals Act 1986 substitute--
"(7) A person who is subject to an order under
subsection (1) must comply with the order.
30 Penalty: 240 penalty units or imprisonment
for 2 years.".
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 84
84 Penalty for having custody of animals in
contravention of interstate orders
For section 12A(8) of the Prevention of Cruelty
to Animals Act 1986 substitute--
5 "(8) A person who is the subject of an interstate
order, that is registered under this section,
must comply with the order.
Penalty: 240 penalty units or imprisonment
for 2 years.".
10 85 Penalty for baiting and luring
(1) In section 13(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) after "is guilty of an offence" insert "and is
liable to a penalty of not more than, in the
15 case of a natural person, 240 penalty units or
imprisonment for 2 years or, in the case of a
body corporate, 1200 penalty units";
(b) omit--
"Penalty: 120 penalty units or imprisonment
20 for 12 months.".
(2) For the penalty at the foot of section 13(4) of the
Prevention of Cruelty to Animals Act 1986
substitute--
"Penalty: 120 penalty units.".
25 86 Penalty for trap shooting
In section 14 of the Prevention of Cruelty to
Animals Act 1986--
(a) after "is guilty of an offence" insert "and is
liable to a penalty of not more than, in the
30 case of a natural person, 240 penalty units or
imprisonment for 2 years or, in the case of a
body corporate, 1200 penalty units";
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s. 87
(b) omit--
"Penalty: 120 penalty units or imprisonment
for 12 months.".
87 Substitution of section 15
5 For section 15 of the Prevention of Cruelty to
Animals Act 1986 substitute--
"15 Selling traps
(1) A person must not sell a trap that is not of a
kind prescribed by regulations under this
10 Act.
Penalty: 240 penalty units or imprisonment
for 2 years, in the case of a natural
person.
1200 penalty units, in the case of a
15 body corporate.
(2) A person who sells a trap of a kind
prescribed by regulations under this Act
must do so in accordance with those
regulations.
20 Penalty: 240 penalty units or imprisonment
for 2 years, in the case of a natural
person.
Penalty: 1200 penalty units, in the case of a
body corporate.
25 (3) Subsections (1) and (2) do not apply to the
sale of traps to a museum or collector of
traps.
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Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 87
15AB Setting or using traps
(1) A person must not set or use a trap that is not
of a kind prescribed by regulations under this
Act.
5 Penalty: 240 penalty units or imprisonment
for 2 years, in the case of a natural
person.
1200 penalty units, in the case of a
body corporate.
10 (2) A person who sets or uses a trap that is of a
kind prescribed by regulations under this Act
must do so in accordance with those
regulations.
Penalty: 240 penalty units or imprisonment
15 for 2 years, in the case of a natural
person.
1200 penalty units, in the case of a
body corporate.
(3) A person must not set or use a large leghold
20 trap of a prescribed kind in Victoria unless
the person does so in an area that is declared
by the Minister to be an area in which the
setting or using of large leghold traps of that
kind is permitted.
25 Penalty: 240 penalty units or imprisonment
for 2 years.
1200 penalty units, in the case of a
body corporate.
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s. 88
(4) A declaration of the Minister under
subsection (3)--
(a) must be made by instrument published
in the Government Gazette; and
5 (b) may identify an area by reference to a
map, plan or diagram; and
(c) may be revoked in the same manner as
that in which it is made.".
88 Penalty for dogs on moving vehicles
10 For the penalty at the foot of section 15A(2) of the
Prevention of Cruelty to Animals Act 1986
substitute--
"Penalty: 10 penalty units.".
89 Insertion of new sections 15B and 15C
15 After section 15A of the Prevention of Cruelty
to Animals Act 1986 insert--
"15B Offence under section 15A to be operator
onus offence
An offence under section 15A is an operator
20 onus offence for the purposes of Part 6AA of
the Road Safety Act 1986.
15C Breeding of animals with heritable defects
(1) A person must not, intentionally or
recklessly, allow an animal with a heritable
25 defect to breed.
Penalty: 60 penalty units, in the case of a
natural person.
300 penalty units, in the case of a
body corporate.
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s. 90
(2) A person must not sell or dispose of an
animal with a heritable defect, if the person
knows or is reckless as to whether the animal
has a heritable defect, unless the person who
5 sells or disposes of the animal advises the
person to whom the animal is sold or
disposed of (before the sale or disposal) that
the animal has the heritable defect.
Penalty: 60 penalty units, in the case of a
10 natural person.
300 penalty units, in the case of a
body corporate.
(3) In this section--
heritable defect, in relation to a species of
15 animal set out in Column 1 of the Table
in the Schedule, means a heritable
defect that is known to cause the
disease set out opposite the species of
animal in Column 2 of the Table in the
20 Schedule.".
90 Substitution of Division 2 of Part 2
For Division 2 of Part 2 of the Prevention of
Cruelty to Animals Act 1986 substitute--
"Division 2--Rodeos
25 16 Offence to operate rodeos without a
licence or permit
(1) A person must not operate a rodeo unless the
person is the holder of a rodeo licence or a
rodeo permit.
30 Penalty: 120 penalty units, in the case of a
natural person.
600 penalty units, in the case of a
body corporate.
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(2) A person must not operate a rodeo school
unless the person is the holder of a rodeo
school permit.
Penalty: 120 penalty units, in the case of a
5 natural person.
600 penalty units, in the case of a
body corporate.
17 Grant of rodeo licences
The Department Head may license a person
10 to operate rodeos.
17A Duration of licences
A rodeo licence remains in force for the
period specified in the licence, which must
not be more than 12 months.
15 17B Issue of rodeo permits and rodeo school
permits
(1) The Department Head may issue a permit to
a person to operate the rodeo specified in the
permit.
20 (2) The Department Head may issue a permit to
a person to operate the rodeo school
specified in the permit.
17C Application for a rodeo licence, a rodeo
permit or a rodeo school permit
25 (1) A person may apply to the Department Head
for the grant of a rodeo licence or the issue
of a rodeo permit or a rodeo school permit.
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(2) An application under subsection (1)--
(a) must include the prescribed particulars;
and
(b) must be accompanied by the prescribed
5 fee.
(3) An applicant must give the Department Head
any further information relating to the
application that the Department Head
requests.
10 17D Grounds on which Department Head may
refuse to grant or issue licence or permit
The Department Head may refuse to grant or
issue a licence or permit under this Division
if--
15 (a) he or she is not satisfied that the
applicant is the person who intends to
supply the stock to be used at any rodeo
or rodeo school authorised under the
licence or permit; or
20 (b) in the case of an application for a
rodeo licence, the application is not
lodged at least 28 days before the day
on which the first rodeo to which the
licence is to relate is to be held; or
25 (c) in the case of an application for a
rodeo permit or rodeo school permit,
the application is not lodged at least
28 days before the day that the rodeo or
rodeo school to which the permit relates
30 is to be held; or
(d) the application for the licence or permit
does not include the prescribed
particulars for that licence or permit; or
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(e) the applicant has been found guilty
of--
(i) an offence against section 9, 10(1)
or 11A; or
5 (ii) any other offence under this Act
or regulations under this Act in
connection with the operation of a
rodeo or a rodeo school; or
(f) the applicant has been served with an
10 infringement notice in respect of an
offence against this Act or regulations
under this Act--
(i) that has not been withdrawn in
accordance with the
15 Infringements Act 2006; and
(ii) in respect of which the applicant
has paid the penalty in accordance
with the Infringements Act 2006;
or
20 (g) the applicant does not agree to operate
the rodeo or the rodeo school in
accordance with the conditions for the
proposed licence or permit; or
(h) the animals and the facilities and
25 conditions to be provided for animals at
the rodeo or rodeo school do not
conform to the prescribed minimum
requirements.
17E Conditions on licences and permits
30 (1) Each licence and permit under this Division
is subject to any conditions that the
Department Head imposes on the licence or
permit or the class of licence or permit.
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(2) The holder of a licence under this Division
must comply with the conditions on the
licence imposed by the Department Head
under subsection (1).
5 Penalty: 120 penalty units, in the case of a
natural person.
600 penalty units, in the case of a
body corporate.
(3) The holder of a permit under this Division
10 must comply with the conditions on the
permit imposed by the Department Head
under subsection (1).
Penalty: 120 penalty units, in the case of a
natural person.
15 600 penalty units, in the case of a
body corporate.
(4) Each licence and permit under this Division
is subject to any conditions prescribed by
regulations under this Act for the licence or
20 permit or the class of licence or permit to
which the licence or permit belongs.
17F Variation of licences and permits
(1) The Department Head may, by instrument,
vary a licence or permit under this Division.
25 (2) An instrument under subsection (1) must be
served on the holder of the licence or permit,
either personally or by post.
17G Notice of proposal to cancel a rodeo
licence or permit or rodeo school licence
30 (1) If the Department Head is satisfied that there
may be grounds under section 17I for
cancelling a rodeo licence, a rodeo permit or
rodeo school permit, the Department Head
must serve notice that he or she proposes to
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cancel the licence or permit on the licence or
permit holder either personally or by post.
(2) A notice under subsection (1) must--
(a) state that the Department Head is
5 satisfied that there may be grounds for
the cancellation of the licence or
permit; and
(b) set out those grounds; and
(c) set out the time within which written
10 submissions on the proposed
cancellation of the licence or permit
must be made to the Department Head.
17H Making of submissions on proposal to
cancel
15 (1) The holder of a rodeo licence, a rodeo permit
or rodeo school permit who has been given a
notice under section 17G may make written
submissions on the proposal to cancel the
licence or permit.
20 (2) Submissions made under subsection (1) must
be made within the time fixed by the
Department Head under section 17G(2)(c).
17I Cancellation of a rodeo licence, a rodeo
permit or rodeo school permit
25 (1) If, after considering any submissions made
within the time fixed for making submissions
under section 17G(2)(c), the Department
Head is satisfied that--
(a) the licence or permit holder has failed
30 to comply with a condition of the
licence or permit; or
(b) the licence or permit holder has been
found guilty of an offence against this
Act or regulations under this Act; or
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(c) that the licence or permit holder has
been served with an infringement
notice in respect of an offence against
this Act or regulations under this Act--
5 (i) that has not been withdrawn in
accordance with the
Infringements Act 2006; and
(ii) in respect of which the licence or
permit holder has paid the penalty
10 in accordance with the
Infringements Act 2006--
the Department Head may--
(d) cancel the licence or permit; or
(e) require the licence holder or permit
15 holder to take the action specified by
the Department Head.
(2) The Department Head must give notice to
the licence holder or permit holder of his or
her decision under subsection (1) and set out
20 reasons for that decision in the notice.
(3) A notice under subsection (2) must be served
on the licence holder or permit holder within
28 days after the expiry of the date for the
making of submissions under section
25 17G(2)(c).
(4) Cancellation of a rodeo licence, a rodeo
permit or rodeo school permit by the
Department Head has effect from the date on
which notice of the cancellation is served on
30 the holder of the licence or permit.".
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91 Substitution of heading
For the heading to Division 3 of Part 2 of the
Prevention of Cruelty to Animals Act 1986
substitute--
5 "Division 3--POCTA Inspectors".
92 Certain persons to be general inspectors
(1) Insert the following heading to section 18 of the
Prevention of Cruelty to Animals Act 1986--
"General inspectors".
10 (2) In section 18(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) for "inspectors--" substitute "general
inspectors--";
(b) for "who is approved as an inspector"
15 substitute "who is approved as a general
inspector".
(3) In section 18(1)(c) of the Prevention of Cruelty
to Animals Act 1986, for "an inspector"
substitute "a general inspector".
20 (4) In section 18(1)(c) of the Prevention of Cruelty
to Animals Act 1986, for "Domestic (Feral and
Nuisance) Animals Act 1994" substitute
"Domestic Animals Act 1994".
(5) In section 18(2) and in section 18(3) of the
25 Prevention of Cruelty to Animals Act 1986, for
"an inspector" substitute "a general inspector".
93 Change of reference to inspectors
(1) Insert the following heading to section 19 of the
Prevention of Cruelty to Animals Act 1986--
30 "Identification certificates of POCTA
inspectors".
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(2) In section 19(1) of the Prevention of Cruelty to
Animals Act 1986, for "inspector (other than a
member of the police force) and specialist
inspector" substitute "POCTA inspector (other
5 than a member of the police force)".
(3) In section 19(2) of the Prevention of Cruelty to
Animals Act 1986, for "an inspector (other than a
member of the police force) and specialist
inspector" substitute "a POCTA inspector (other
10 than a member of the police force)".
94 Change of reference to inspectors
(1) Insert the following heading to section 20 of the
Prevention of Cruelty to Animals Act 1986--
"Offence to impersonate etc. POCTA
15 inspectors".
(2) In section 20 of the Prevention of Cruelty to
Animals Act 1986, for "an inspector or specialist
inspector" (wherever occurring) substitute "a
POCTA inspector".
20 95 Substitution of sections
For sections 21 to 24Q of the Prevention of
Cruelty to Animals Act 1986 substitute--
"PART 2A--ENFORCEMENT
Division 1--Preliminary
25 21 Definitions
In this Part--
ruminant means any animal which is
capable of chewing its cud;
sample, in relation to a dead animal, includes
30 the whole of the carcass of the animal.
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Division 2--Emergency powers to deal with
animals
22 Power to seize abandoned animals in
public places
5 If a POCTA inspector finds an animal in a
public place and the inspector reasonably
believes that the animal is abandoned the
inspector may seize the animal.
23 Emergency powers of entry in relation to
10 animals
(1) If a POCTA inspector suspects on reasonable
grounds that on any premises (that is not a
person's dwelling) baiting, trap-shooting or
the use of animals as lures is occurring, the
15 inspector may, with any assistance that is
necessary--
(a) enter the premises;
(b) inspect and examine any animals, plant,
equipment or facility that the inspector
20 reasonably believes is being used for
baiting, trap-shooting or luring.
(2) If a POCTA inspector suspects on reasonable
grounds that there is on any premises (that is
not a person's dwelling)--
25 (a) any animals that are ruminants that
have been confined without food or
water for more than 36 hours; or
(b) any animals, being mammals (other
than ruminants) or birds that have been
30 confined without food or water for
more than 24 hours--
the inspector may, with any assistance that is
necessary, enter the premises and may feed
and water the animals.
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(3) If a POCTA inspector suspects on reasonable
grounds that there is on any premises (that is
not a person's dwelling) an animal that is in
an entanglement, tether or bog or that is
5 showing signs of pain or suffering as a result
of any injury or disease, the inspector may,
with any assistance that is necessary enter
the premises and--
(a) free any animal on the premises that is
10 in an entanglement, tether or bog, from
the entanglement, tether or bog, without
removing it from its housing or the
premises on which it is located; or
(b) if any animal on the premises is
15 showing signs of pain or suffering as a
result of injury or disease, inspect the
animal in order to determine whether
the animal requires treatment by a
veterinary practitioner.
20 (4) If a POCTA inspector suspects on reasonable
grounds that there is on any premises (that is
not a person's dwelling) an animal that is
behaving in such a manner and there are
such circumstances that it is likely that the
25 animal will cause death or serious injury to
any person or another animal, the inspector
may, with any assistance that is necessary
enter the premises and--
(a) contain any animal in or on the
30 premises; or
(b) destroy any animal in or on the
premises--
that is behaving in such a manner and there
are such circumstances that it is likely that
35 the animal will cause death or serious injury
to any person or other animal.
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24 Emergency power to enter and seize or
destroy abandoned animals
(1) If a POCTA inspector suspects on reasonable
grounds that there is on any premises (that is
5 not a person's dwelling) an animal that is
abandoned, distressed or disabled the
inspector may, with any assistance that is
necessary--
(a) enter the premises;
10 (b) if the inspector finds any animal on the
premises that the inspector reasonably
believes is abandoned, distressed or
disabled--
(i) destroy the animal, if the inspector
15 reasonably believes that the
animal's condition is such that it
would continue to suffer if it
remained alive; or
(ii) immediately seize the animal, if
20 the inspector reasonably believes
that the animal's welfare is at risk;
or
(iii) leave notice at the premises that
the inspector intends to seize the
25 animal at the end of two days after
the giving of the notice, if the
inspector is not contacted by the
owner or person in charge of the
animal within that period.
30 (2) If an inspector has left a notice at premises
under subsection (1)(b)(iii), and if, on the
expiry of the two day period specified in the
notice, the inspector has not been contacted
by the owner or person in charge of the
35 animal the inspector may, with any
assistance that is necessary--
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(a) enter the premises;
(b) search for and seize the animal.
24A Additional powers that may be exercised
on emergency entry
5 A POCTA inspector who enters premises
under this Division may--
(a) inspect and take photographs (including
video recordings), or make sketches of
the premises or any animal or thing in
10 or on the premises;
(b) take and keep samples of or from any
animal or thing in or on the premises;
(c) open any container at the premises for
the purpose of inspecting, or taking a
15 sample of, its contents but must reseal
the container after the inspection is
made or the sample is taken.
24B Powers to recover certain costs
A POCTA inspector may, on behalf of a
20 person who provided food or water to an
animal by or under the authority of a
POCTA inspector under section 23(2),
recover from the owner of the animal the
reasonable costs of the food and water in any
25 court of competent jurisdiction as a civil debt
recoverable summarily.
24C Obtaining veterinary treatment
(1) If a POCTA inspector reasonably believes
that treatment by a veterinary practitioner is
30 necessary for the welfare of an animal,
subject to subsection (2), the inspector may
arrange for a veterinary practitioner to treat
the animal.
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(2) If a POCTA inspector has formed a belief
under subsection (1) that an animal requires
treatment by a veterinary practitioner and the
owner or person in charge of the animal can
5 be contacted, after reasonable enquiry, the
inspector must, before arranging veterinary
treatment under subsection (1), give the
owner or person an opportunity to arrange
for a veterinary practitioner of his or her
10 choice to undertake the required treatment.
(3) The inspector may recover the costs of
veterinary treatment of an animal arranged
under subsection (1) from the owner or the
person in charge of the animal treated in a
15 court of competent jurisdiction as a civil debt
recoverable summarily.
24D Emergency powers of veterinary
practitioners and superintendents of
saleyards
20 (1) A veterinary practitioner may, with any
assistance that is necessary, destroy any
animal--
(a) that is behaving in such a manner and
there are such circumstances that the
25 veterinary practitioner reasonably
believes that the animal is likely to
cause death or serious injury to any
person or another animal; or
(b) that is abandoned, distressed or
30 disabled if the veterinary practitioner
reasonably believes that the animal's
condition is such that it would continue
to suffer if it remained alive.
(2) A superintendent of a saleyard may, with any
35 assistance that is necessary, destroy any
animal in any saleyard in the municipal
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district in respect of which the
superintendent is appointed--
(a) that is behaving in such a manner and
there are such circumstances that the
5 superintendent reasonably believes that
the animal is likely to cause death or
serious injury to any person or another
animal; or
(b) that is abandoned, distressed or
10 disabled if the superintendent
reasonably believes that the animal's
condition is such that it would continue
to suffer if it remained alive.
(3) In this section, superintendent of a saleyard
15 means the person in charge of a livestock
saleyard.
Division 3--Search for and seizure of animals,
warrants and authorisations
24E Notice to seize animal
20 (1) If the Minister believes on reasonable
grounds that an animal is in such a condition,
or, in such circumstances, that the animal is
likely to become distressed or disabled, the
Minister may serve notice that the Minister
25 intends to authorise seizure of the animal.
(2) A notice under subsection (1) must--
(a) be in writing; and
(b) be served by--
(i) giving it personally to the owner
30 of the animal; or
(ii) if the identity of the owner cannot
be readily established or the
owner cannot be readily
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contacted, giving it personally to
the person in charge of the animal;
or
(iii) leaving it or sending it by post to
5 the last known residential or
business address of the owner or
the person in charge of the animal;
and
(c) set out the action that may be taken
10 under section 24F.
24F Power of specialist inspector to seize
animal under authorisation of Minister
If, on the expiration of 7 days after the
service of a notice under section 24E, the
15 Minister is not satisfied that action has been
or is being taken to remove the likelihood of
the animal becoming distressed or disabled,
the Minister may authorise a specialist
inspector--
20 (a) to seize the animal; and
(b) to dispose of the animal in the manner
determined by the Minister, or
otherwise in accordance with
Division 6.
25 24G Search warrants for abandoned etc
animals on premises
(1) A POCTA inspector, with the written
approval of the Department Head, may apply
to a magistrate for the issue of a search
30 warrant in relation to premises (including
residential premises), if the inspector
believes on reasonable grounds that there is
in or on the premises--
(a) an abandoned, diseased, distressed or
35 disabled animal; or
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(b) an animal, the welfare of which the
inspector believes on reasonable
grounds is at risk; or
(c) an animal, in respect of which a
5 contravention of section 9, 10(1), 11A,
13(1) or regulations under this Act is
occurring or has occurred; or
(d) an animal, in respect of which the
person in charge is in contravention of
10 an order under section 12(1) or an
interstate order within the meaning of
section 12A, that is registered under
that section.
(2) If a magistrate is satisfied, by the evidence,
15 on oath or by affidavit, of the POCTA
inspector that there are reasonable grounds to
believe that there is in or on the premises--
(a) an abandoned, diseased, distressed or
disabled animal; or
20 (b) an animal, the welfare of which the
inspector believes on reasonable
grounds is at risk; or
(c) an animal, in respect of which a
contravention of section 9, 10(1), 11A,
25 13(1) or regulations under this Act is
occurring or has occurred; or
(d) an animal, in respect of which the
person in charge is in contravention of
an order under section 12(1) or an
30 interstate order within the meaning of
section 12A, that is registered under
that section--
the magistrate may issue a search warrant in
accordance with the Magistrates' Court Act
35 1989.
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(3) A search warrant issued under this section
may authorise a POCTA inspector named in
the warrant, together with any member of the
police force or any other person or persons
5 named or otherwise identified in the warrant
and with any necessary equipment--
(a) to enter the premises specified in the
warrant; and
(b) to search for an animal, or an animal of
10 a particular kind, named or referred to
in the warrant; and
(c) to seize an animal, or an animal of a
particular kind, named or referred to in
the warrant, and to take the animal to
15 any place that the inspector thinks fit;
and
(d) to retain possession of any animal
seized for the time specified in the
warrant; and
20 (e) to examine or inspect an animal, or an
animal of a particular kind, named or
referred to in the warrant, that is found
in or on the premises, to determine if
the animal requires treatment by a
25 veterinary practitioner; and
(f) to feed and water an animal, or an
animal of a particular kind, named or
referred to in the warrant, that is found
in or on the premises; and
30 (g) to free an animal, or an animal of a
particular kind, named or referred to in
the warrant, from an entanglement,
tether or bog in or on the premises; and
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(h) to take and keep samples of or from an
animal, or an animal of a particular
kind, named or referred to in the
warrant; and
5 (i) to take photographs (including video
recordings) or make sketches of an
animal, or an animal of a particular
kind, named or referred to in the
warrant, or other thing on the premises;
10 and
(j) to open any container at the premises
for the purpose of inspecting, or taking
a sample of, its contents, but must
reseal the container after the inspection
15 is made or the sample is taken.
24H Magistrates' Court may extend period of
warrant under section 24G
(1) A POCTA inspector to whom a warrant
under section 24G has been issued may
20 apply to the Magistrates' Court, before the
expiration of the time specified in the
warrant for which possession of the animal
may be retained, for an extension of that
period.
25 (2) The Magistrates' Court may order such an
extension if it is satisfied that the retention of
the animal is necessary for its welfare.
(3) The Magistrates' Court may adjourn an
application to enable notice of the
30 application to be given to any person.
Division 4--Search for and seizure of things
24I Definition
In this Division thing includes animal.
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24J Seizure of things
If a POCTA inspector finds--
(a) in a public place; or
(b) on premises that the inspector is
5 otherwise authorised to enter under this
Part--
a thing that he or she reasonably believes has
been used in connection with the
commission of an offence against this Act or
10 regulations under this Act, the inspector may
do one or more of the following--
(c) seize the thing;
(d) inspect or examine the thing;
(e) measure the thing;
15 (f) take photographs (including video
recordings) of the thing.
24K Search warrants for premises
(1) A POCTA inspector, with the written
approval of the Department Head, may apply
20 to a magistrate for the issue of a search
warrant in relation to premises (including
residential premises), if the inspector
believes on reasonable grounds that there is
in or on the premises a thing or things of a
25 particular kind connected with a
contravention of this Act or regulations
under this Act.
(2) If a magistrate is satisfied, by the evidence,
on oath or by affidavit, of the inspector that
30 there are reasonable grounds to believe that
there is a thing or things of a particular kind
connected with a contravention of this Act or
regulations under this Act in or on any
premises, the magistrate may issue a search
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warrant, in accordance with the Magistrates'
Court Act 1989, authorising a POCTA
inspector named in the warrant, together with
any other person or persons named or
5 otherwise identified in the warrant and with
any necessary equipment--
(a) to enter the premises specified in the
warrant; and
(b) to do all or any of the following--
10 (i) search for;
(ii) seize;
(iii) secure against interference;
(iv) examine, inspect and take and
keep samples of or from;
15 (v) take photographs (including video
recordings) of--
a thing or things of a particular kind
named or described in the warrant and
which the inspector believes, on
20 reasonable grounds, to be connected
with the alleged contravention.
24L Additional power of entry for specialist
inspectors
A specialist inspector may, for the purposes
25 of Part 2, this Part or regulations under this
Act, and with the prior written authority of
the Minister--
(a) enter premises (that is not a person's
dwelling), in or on which an animal or
30 animals are housed or grouped for any
purpose; and
(b) inspect any animal, plant, equipment or
structure on the premises; and
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(c) observe any practice being conducted
in connection with the management of
an animal or animals on the premises.
Division 5--General provisions as to search
5 warrants
24M Provisions as to search warrants
A search warrant issued under this Part must
state--
(a) the purpose for which the warrant is
10 required and, in the case of a warrant
under Division 4, the nature of any
alleged contravention; and
(b) any conditions to which the warrant is
subject; and
15 (c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(d) a day, not later than 28 days after the
issue of the warrant, on which the
20 warrant ceases to have effect.
24N Application of Magistrates' Court
Act 1989
(1) Despite section 79 of the Magistrates'
Court Act 1989, a search warrant under this
25 Part must not authorise an inspector to arrest
a person.
(2) Except as provided by this Part, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
30 extend and apply to warrants under this Part.
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24O Announcement before entry
(1) On executing a search warrant issued under
this Part the inspector executing the
warrant--
5 (a) must announce that he or she is
authorised by the warrant to enter the
premises; and
(b) if the inspector has been unable to
obtain unforced entry, must give any
10 person at the premises or, if the
premises is a vehicle, vessel or aircraft,
in or in charge of the vehicle, vessel or
aircraft an opportunity to allow entry to
the premises, vehicle, vessel or aircraft.
15 (2) An inspector need not comply with
subsection (1) if he or she believes on
reasonable grounds that immediate entry to
the premises is required to ensure--
(a) the safety of any person; or
20 (b) that the effective execution of the
search warrant is not frustrated.
24P Details of warrant to be given to occupier
(1) If the occupier is present at the premises or,
if the premises is a vehicle, vessel or aircraft,
25 a person is in or in charge of the vehicle,
vessel or aircraft when a search warrant
issued under this Part is being executed, the
inspector must--
(a) identify himself or herself to the
30 occupier or person; and
(b) give to the occupier or person a copy of
the warrant.
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(2) If the occupier is not present at the premises
when a search warrant issued under this Part
is being executed, the inspector must, if there
is a person present at the premises, identify
5 himself or herself to the person and give the
person a copy of the warrant.
24Q Seizure of things not mentioned in the
warrant and taking of samples
(1) A search warrant issued under this Part
10 authorises an inspector executing the
warrant, in addition to the seizure of any
animal or other thing of the kind described in
the warrant, to seize--
(a) any animal that is not described in the
15 warrant or that is not of a kind
described in the warrant, if the
inspector believes, on reasonable
grounds--
(i) that the welfare of the animal is at
20 risk; or
(ii) that the person in charge of the
animal is in contravention of an
order under section 12(1) or an
interstate order within the
25 meaning of section 12A, that is
registered under that section; or
(iii) that the animal is of a kind that
could have been included in a
search warrant issued under this
30 Part and that will afford evidence
of a contravention of this Act or
regulations made under this Act;
or
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(iv) that it is necessary to seize the
animal in order to prevent its
concealment, loss or destruction
or the contravention of this Act or
5 regulations under this Act;
(b) any thing (that is not an animal) which
is not of the kind described in the
warrant if the inspector believes, on
reasonable grounds--
10 (i) that the thing is of a kind that
could have been included in a
search warrant issued under this
Part and that will afford evidence
about the contravention of this Act
15 or regulations under this Act; and
(ii) that it is necessary to seize that
thing in order to prevent its
concealment, loss or destruction
or its use in the contravention of
20 this Act or regulations under this
Act.
(2) A search warrant issued under this Part
authorises an inspector executing the
warrant, in addition to seizing a thing of the
25 kind described in the warrant, to take a
sample of or from any thing that is not of the
kind described in the warrant if the inspector
believes, on reasonable grounds, that the
thing is of a kind--
30 (a) that could have been included in a
search warrant issued under this Part;
and
(b) that will afford evidence about the
contravention of this Act or regulations
35 under this Act.
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Division 6--Duties and powers as to seized
animals
24R Duty to take steps to identify owner
If an animal has been seized under this Part
5 and the identity of both the owner and the
person in charge of the animal are not known
to the person who seized the animal, the
person who seized the animal must take
reasonable steps to identify and contact the
10 owner or person in charge of the animal.
24S Steps to be taken where welfare of animal
not at risk
(1) If an animal has been seized under this Part
and--
15 (a) if after taking all reasonable steps under
section 24R, either the owner or the
person in charge of the animal is able to
be contacted; and
(b) neither the owner nor person in charge
20 of the animal is suspected of
committing an offence against this Act
or regulations under this Act; and
(c) the person who seized the animal
reasonably believes that the welfare of
25 the animal is not at risk; and
(d) application has not been made and is
not proposed to be made under
section 24X--
the inspector who seized the animal must
30 serve a notice of seizure under this section
on the person who is able to be contacted, or
cause such a notice to be served in
accordance with subsection (2).
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(2) For the purposes of subsection (1) the notice
must--
(a) be served either personally or by post;
and
5 (b) if the animal has been seized under a
warrant issued under section 24G, be
served on or before the expiry of the
time for which possession of the animal
may be retained under the warrant.
10 (3) If an animal has been seized under this Part
and--
(a) if, after taking all reasonable steps
under section 24R, both the owner and
person in charge of the animal are not
15 able to be contacted (whether or not the
identity of the owner and person in
charge are known); and
(b) neither the owner nor person in charge
of the animal is suspected of
20 committing an offence against this Act
or regulations under this Act; and
(c) the person who seized the animal
reasonably believes that the welfare of
the animal is not at risk; and
25 (d) application has not been made and is
not proposed to be made under
section 24X--
the person who seized the animal must serve
a notice of seizure in accordance with
30 subsection (4).
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(4) For the purposes of subsection (3), the notice
must--
(a) if an animal has been seized from
premises, be left at the premises from
5 which the animal has been seized or
sent by post to those premises; and
(b) (whether the animal has been seized
from premises or in a public place) be
sent by post to any last known address
10 of the owner and of the person in
charge of the animal; and
(c) if the animal has been seized under a
warrant under section 24G, be sent on
or before the expiry of the time for
15 which possession of the animal may be
retained under the warrant.
(5) For the purposes of this section, a notice of
seizure is a notice in writing that sets out--
(a) a description of the animal; and
20 (b) the name of the inspector who seized
the animal, the inspector's contact
details and the reason why the animal
has been seized; and
(c) if the notice is served under subsections
25 (1) and (2)--
(i) that the animal may be recovered
within 7 days after service of the
notice; and
(ii) that, if the animal is not recovered
30 within 7 days after service of the
notice, the animal may be
disposed of in accordance with
this Division; and
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(d) if the notice is left at or sent to premises
under subsections (3) and (4)--
(i) that the animal may be recovered
within 14 days after the leaving or
5 sending of the notice and the place
where the animal may be
recovered; and
(ii) that, if the animal is not recovered
within 14 days after the leaving or
10 sending of the notice, the animal
may be disposed of in accordance
with this Division.
24T Provision for recovery or disposal of
animals that are not at risk
15 (1) The owner or person in charge of an animal
on whom a notice of seizure has been served
under section 24S(1) and 24S(2) may
recover the animal if, within 7 days of
service of the notice--
20 (a) the owner or person in charge pays the
amount determined by the person or
body that is retaining the animal for the
reasonable costs and expenses incurred
in seizing and retaining the animal until
25 its recovery; and
(b) the person or body retaining the animal
reasonably believes that the animal will
not be at risk on being returned to the
owner or person in charge.
30 (2) The owner or person in charge of an animal
in respect of which a notice of seizure has
been left at or sent to premises under section
24S(3) and 24S(4) may recover the animal if,
within 14 days of notice being left at or sent
35 to premises--
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(a) the owner or person in charge pays the
amount determined by the person or
body that is retaining the animal for the
reasonable costs and expenses incurred
5 in seizing and retaining the animal until
its recovery; and
(b) the person or body retaining the animal
reasonably believes that the animal will
not be at risk on being returned to the
10 owner or person in charge.
(3) If a notice of seizure has been left at or sent
to premises under section 24S and the animal
is not recovered under subsection (1) or (2),
the animal may be disposed of in accordance
15 with this Division.
(4) If an animal has been seized in a public
place, and--
(a) the welfare of the animal is not
reasonably believed to be at risk; and
20 (b) it is not possible to send a notice to the
last known address of the owner or
person in charge under section 24S
because both the owner and person in
charge of the animal are not able to be
25 contacted (whether or not the identity
of the owner and the person in charge
of the animal are known); and
(c) neither the owner nor the person in
charge of the animal has recovered the
30 animal within 14 days of the seizure of
the animal--
the animal may be disposed of in accordance
with this Division.
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24U Steps to be taken where welfare of animal
is at risk
(1) If an animal has been seized under this Part
and--
5 (a) if, after taking all reasonable steps
under section 24R, either the owner or
the person in charge of the animal is
able to be contacted; and
(b) the person who seized the animal
10 reasonably believes that the welfare of
the animal is at risk; and
(c) application has been or is proposed to
be made under section 24X--
the person who seized the animal must serve
15 a notice of seizure under this section on the
person who is able to be contacted, or cause
such a notice to be served in accordance with
subsection (2).
(2) For the purposes of subsection (1), the notice
20 must--
(a) be served either personally or by post;
and
(b) if the animal has been seized under a
warrant under section 24G, be served
25 on or before the expiry of the time for
which possession of the animal may be
retained under the warrant.
(3) If an animal has been seized under this Part
and--
30 (a) if, after taking all reasonable steps
under section 24R, both the owner and
person in charge of the animal are not
able to be contacted (whether or not the
identity of the owner and person in
35 charge of the animal are known); and
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(b) the person who seized the animal
reasonably believes that the welfare of
the animal is at risk; and
(c) application has been or is proposed to
5 be made under section 24X--
the person who seized the animal must serve
a notice of seizure in accordance with
subsection (4).
(4) For the purposes of subsection (3), the notice
10 must--
(a) if the animal has been seized from
premises, be left at the premises from
which the animal was seized or be sent
by post to those premises; and
15 (b) (whether the animal has been seized
from premises or in a public place) be
sent by post to any last known address
of the owner and of the person in
charge of the animal; and
20 (c) if the animal has been seized under a
warrant under section 24G, be sent on
or before the expiry of the time for
which possession of the animal may be
retained under the warrant.
25 (5) For the purposes of this section, a notice of
seizure is a notice in writing that sets out--
(a) a description of the animal; and
(b) the name of the inspector who seized
the animal, the inspector's contact
30 details and the reason why the animal
has been seized; and
(c) that the animal will be disposed of in
accordance with this Division if the
owner or person in charge of the animal
35 does not contact the inspector within
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14 days after the notice is left at or sent
to the premises.
24V Power to retain animal for purposes of
application under section 24X
5 For the purposes of making an application
under section 24X, an animal that has been
seized under a warrant under section 24G,
may continue to be held under the warrant,
despite the expiry of the time for which
10 possession of the animal may be retained
under the warrant, if notice has been served,
left or sent in accordance with section 24U.
24W Power to dispose of animal at risk not
claimed by owner or person in charge
15 (1) If an animal has been seized from premises,
and the welfare of the animal is reasonably
believed to be at risk, and if within 14 days
of--
(a) a notice being served on the owner or
20 person in charge of the animal under
section 24U(1) and 24U(2); or
(b) a notice being--
(i) left at the premises or sent to the
premises under section 24U(3)
25 and 24U(4); or
(ii) sent by post to the last known
address of the owner or person in
charge of the animal under section
24U(3) and 24U(4) (where the
30 address is known)--
whichever is the later--
the owner or person in charge of the animal
has not contacted the inspector identified in
the notice, the animal may be disposed of in
35 accordance with this Division.
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(2) If an animal has been seized in a public
place, and the welfare of the animal is
reasonably believed to be at risk, and--
(a) a notice has been served on the owner
5 of the animal under section 24U(1) and
24U(2) and neither the owner nor
person in charge of the animal has
contacted the inspector identified in the
notice, within 7 days of service of the
10 notice, the animal may be disposed of
in accordance with this Division; or
(b) a notice has been sent by post to the last
known address of the owner or person
in charge of the animal under section
15 24U(3) and 24U(4), and neither the
owner nor person in charge of the
animal has contacted the inspector
identified in the notice, within 14 days
of the sending of the notice, the animal
20 may be disposed of in accordance with
this Division.
(3) If an animal has been seized in a public
place, and--
(a) the welfare of the animal is reasonably
25 believed to be at risk; and
(b) it is not possible to send a notice to the
last known address of the owner or
person in charge under section 24U
because both the owner and person in
30 charge of the animal are not able to be
contacted (whether or not the identity
of the owner and the person in charge
of the animal are known); and
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(c) neither the owner nor the person in
charge of the animal has contacted the
inspector who seized the animal within
14 days of the seizure--
5 the animal may be disposed of in accordance
with this Division.
24X Court orders as to costs and disposal of
animals
(1) If an animal has been seized under this Part
10 and--
(a) the owner or person in charge of the
animal has been charged with an
offence against this Act or regulations
under this Act in relation to the animal;
15 or
(b) proceedings for an offence against this
Act or regulations under this Act have
commenced, in relation to the animal,
against the owner or person in charge
20 of the animal; or
(c) the owner or person in charge of the
animal has been found guilty of an
offence against this Act or regulations
under this Act in relation to the animal
25 within the preceding 10 years; or
(d) the person who seized the animal
reasonably believes that the welfare of
the animal is at risk--
the person who seized the animal may apply
30 to the Magistrates' Court, or cause an
application to be made to the Magistrates'
Court for an order under this section.
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(2) On application under subsection (1), the
Magistrates' Court may make an order as to
one or more of the following--
(a) if the animal is not being returned to the
5 owner or person in charge of the animal
because there are proceedings against
the owner or person in charge of the
animal for an offence against this Act
or regulations under this Act in relation
10 to the animal, that--
(i) the owner or person in charge of
the animal pay--
(A) a bond or security to the
applicant to provide for the
15 care and maintenance of the
animal; or
(B) any identified costs for the
care and maintenance of the
animal--
20 for the whole or any part of the
period of time during which the
proceedings are being prosecuted;
and
(ii) any money left over from any
25 payment made under paragraph
(a)(i) at the end of the proceedings
be repaid to the person who paid
the bond or security;
(b) in any case where the Court has ordered
30 a payment under paragraph (a), that the
animal be disposed of in accordance
with this Division if the payment is not
made in accordance with the order;
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(c) that the animal be disposed of in
accordance with this Division if the
owner or person in charge of the animal
is or has been found guilty of an
5 offence against this Act or regulations
under this Act within the preceding
10 years;
(d) that the animal be disposed of in
accordance with this Division if the
10 Court reasonably believes that the
welfare of the animal is at risk;
(e) that the animal be disposed of in
accordance with this Division if the
Court reasonably believes that the
15 owner or person in charge of the animal
is holding the animal in contravention
of an order under section 12(1) or an
interstate order within the meaning of
section 12A, that is registered under
20 that section.
(3) If the Court is not satisfied that an order
should be made under subsection (2), the
Court may order that the animal be returned
to the owner or person in charge of the
25 animal.
(4) If the Court orders that the animal be
returned to the owner or person in charge of
the animal under subsection (3)--
(a) the owner or person in charge of the
30 animal may recover the animal within
7 days after the making of the order;
and
(b) if the animal is not recovered within
7 days after the making of the order, the
35 animal may be disposed of in
accordance with this Division.
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24Y Methods of disposal of animals
(1) If an animal is authorised to be disposed of
under this Part, the animal may be disposed
of--
5 (a) if a court has ordered the manner of
disposal of the animal, in that manner;
or
(b) if the Minister has authorised the
manner of disposal of the animal under
10 this Part, in that manner;
(c) in any case to which paragraph (a)
or (b) does not apply--
(i) by being sold; or
(ii) by being destroyed; or
15 (iii) by being given to a domestic
animal business operating from a
premises which is registered for
the purposes of that business
under the Domestic (Feral and
20 Nuisance) Animals Act 1994.
(2) Ownership in any animal given to a domestic
animal business under subsection (1)(c)
passes to that business when the business
takes possession of the animal.
25 24Z Power to destroy diseased or distressed
animals
Despite anything to the contrary in this Part,
an inspector may destroy an animal seized
under this Part at any time after its seizure
30 if--
(a) a veterinary practitioner has certified
that the animal should be immediately
destroyed on humane grounds; or
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(b) an inspector under the Livestock
Disease Control Act 1994 knows or
reasonably suspects that the animal is
diseased or infected with disease.
5 24ZA Disposal of animal by sale
(1) An animal that is to be disposed of by sale
must be offered for sale by public auction or
public tender.
(2) The person who is selling the animal must
10 give public notice that he or she intends to
sell the animal by public auction or public
tender, at least 14 days before the sale.
(3) A notice under subsection (2) must
include--
15 (a) details of the location where the animal
was seized;
(b) the kind of animal;
(c) if the animal is branded, where and how
it is branded;
20 (d) the sex and colour of the animal and
any other descriptive marks;
(e) the time and place of the auction, or
date and time by which written tenders
must be submitted.
25 24ZB Costs and proceeds of sold animals
(1) The proceeds of sale of an animal, that is not
subject to forfeiture to the Crown, that is sold
under this Division--
(a) must first be applied to the costs
30 incurred in any maintenance, care,
removal, transport and sale of the
animal; and
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(b) if any balance is then remaining, it must
be paid--
(i) to the owner of the animal, if the
owner is not a person who is in
5 contravention of an order under
section 12(1) or an interstate order
within the meaning of section 12A
in respect of that animal, that is
registered under section 12A; or
10 (ii) in any other case to the
Consolidated Fund.
(2) If the proceeds of the sale of an animal sold
under this Division are not enough to satisfy
the costs incurred in any maintenance, care
15 removal, transport and sale of the animal, the
outstanding amount may be recovered from
the owner of the animal in a court of
competent jurisdiction as a civil debt
recoverable summarily.
20 24ZC Costs and proceeds of destroyed animals
(1) Subject to subsection (2), a person who
destroys an animal under this Division may
recover the costs of any maintenance, care,
removal, transport and destruction of the
25 animal from the owner of the animal in a
court of competent jurisdiction as a civil debt
recoverable summarily.
(2) Any proceeds derived from the destruction
of an animal seized under this Part, that is
30 not subject to forfeiture to the Crown--
(a) must first be applied to the costs
incurred in any maintenance, care,
removal, transport and destruction of
the animal; and
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(b) if any balance is then remaining, it must
be paid--
(i) to the owner of the animal, if the
owner is not a person who is in
5 contravention of an order under
section 12(1) or an interstate order
within the meaning of section 12A
in respect of that animal, that is
registered under section 12A; or
10 (ii) in any other case to the
Consolidated Fund.
24ZD Forfeiture of seized animal
(1) If a person is found guilty by a court of an
offence against this Act or regulations under
15 this Act, the court may, in addition to
imposing any other penalty, order that any
animal seized under this Part in relation to
the offence be forfeited to the Crown if the
person who has been found guilty of the
20 offence is the owner or person in charge of
the animal.
(2) If a forfeited animal is destroyed or sold, the
costs associated with any maintenance, care,
removal and transport of the animal and the
25 sale or destruction of the animal must be
deducted before any amount remaining is
paid into the Consolidated Fund.
Division 7--Duties and powers as to seized
things (that are not animals)
30 24ZE Definition
In this Division thing does not include
animal.
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24ZF Receipt must be given for any thing seized
(1) An inspector may not seize a thing under this
Part that is apparently in the possession or
custody of a person, unless the inspector
5 makes out and tenders to the person a receipt
for the thing seized that--
(a) identifies the thing; and
(b) states the name of the inspector and the
reason why the thing is being seized.
10 (2) If an inspector is unable to discover the
identity of the owner or custodian of any
thing seized from premises, the inspector
must leave the receipt with, or post it to, the
owner of the premises from which the thing
15 was seized.
24ZG Copies of certain seized things to be given
(1) If an inspector seizes under this Part--
(a) a document; or
(b) a thing that can be readily copied; or
20 (c) a storage device that contains
information that can be readily
copied--
the inspector must, before finishing the
search, give--
25 (d) a copy of the information, thing or
device; and
(e) a receipt for the thing--
to the owner or custodian of the document.
(2) Subsection (1) does not apply if the inspector
30 is unable to discover the identity of the
owner or custodian of the document, thing or
device.
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(3) If it is not practicable to comply with
subsection (1)(d) or (1)(e) in respect of a
thing before the inspector finishes the search,
the inspector must do so as soon as
5 practicable after finishing the search.
(4) In the case of a paper document, the
inspector must certify on any copy of the
document given to a person under this
section that the copy is an accurate copy of
10 the document.
(5) A copy of a document certified under
subsection (4) is to be received in all courts
and tribunals as evidence of equal validity to
the original.
15 24ZH Access to seized things
(1) If a thing is seized under this Part, the
inspector who seized the thing must, if
practicable, allow the person who would
normally be entitled to possession of the
20 thing reasonable access to it while it remains
in the possession, or under the control, of the
inspector.
(2) This section does not apply--
(a) if the inspector has given the person an
25 accurate copy of the thing; or
(b) if the possession, use or setting of the
thing is an offence against this Act or
regulations under this Act.
24ZI Return of seized thing before
30 commencement of proceedings
(1) If a thing has been seized by an inspector
under this Part and proceedings have not
been commenced against a person for the
commission of an offence in relation to
35 which the thing was seized, any person who
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claims to be entitled to possession of the
thing may apply in writing to the
Magistrates' Court for an order directing the
inspector to return the thing to the person.
5 (2) If an application is made to the Magistrates'
Court the applicant must, as soon as possible
after filing the application at the Court, give
a copy of the application to the inspector.
(3) After hearing an application, the Magistrates'
10 Court may make an order directing the
inspector to return the thing to the
applicant--
(a) if the Court is satisfied that the thing is
reasonably required by the applicant to
15 carry on the applicant's business or
occupation; and
(b) the Court has considered whether the
thing is reasonably likely to be tendered
as evidence in proceedings for an
20 offence against this Act or regulations
under this Act.
(4) The Court may include any conditions in the
order that it considers appropriate including
that the thing be returned for the purposes of
25 proceedings for an offence against this Act
or regulations under this Act.
(5) This section does not apply to a thing, the
possession, use, setting or sale of which is an
offence against this Act or regulations under
30 this Act.
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24ZJ Return of seized things
If an inspector seizes a thing under this Part
that is not a thing--
(a) the possession, use, setting or sale of
5 which is an offence against this Act or
regulations under this Act; or
(b) that is forfeited to the Crown under
section 24ZN--
the inspector must take reasonable steps to
10 return the thing to the person from whom it
was seized--
(c) within 60 days after the day on which it
was seized; or
(d) when the reason for its seizure no
15 longer exists; or
(e) if proceedings have commenced within
60 days after the day on which the thing
was seized or any extended period
under section 24ZK, the completion of
20 those proceedings (including any
appeal); or
(f) on the expiry of any court order under
section 24ZK that has extended the
period during which the thing may be
25 retained by the inspector--
whichever is the later.
24ZK Magistrates' Court may extend retention
period
(1) Subject to subsection (2), an inspector may
30 apply to the Magistrates' Court within
60 days after seizing a thing under this Part,
or within any period extended by the Court
under this section, for an extension of the
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period during which the inspector may retain
the thing.
(2) The Court may order an extension if it is
satisfied that retention of the thing is
5 necessary for the purposes of the
investigation in relation to which the thing
was seized.
(3) The Court may adjourn an application to
enable notice of the application to be given
10 to any person.
(4) In ordering an extension the Court must
ensure that the period during which a thing
may be retained by an inspector does not
exceed 12 months after the day that it was
15 seized.
24ZL Dispute as to person entitled to return of
seized thing
(1) If a dispute arises as to whom a thing seized
by an inspector under this Part should be
20 returned, any person seeking possession of
the thing may apply to the Magistrates' Court
for an order that the thing be given to that
person.
(2) The person making the application must give
25 notice of the application to the inspector and
to every other person that the person should
reasonably be aware claims, or may have a
claim to, possession or ownership of the
thing.
30 (3) On receiving notice of an application relating
to a thing, the inspector who seized the thing
must retain possession of the thing until the
application is determined, abandoned or
withdrawn.
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(4) After hearing an application, the Magistrates'
Court may order the inspector to give the
thing to a particular person if it is satisfied--
(a) that at the time of making the order, the
5 person has a better claim to the
possession of the thing than any other
person; and
(b) that every other person whom the Court
reasonably believes may have had a
10 claim for possession or ownership of
the thing was given notice of the
application.
(5) The inspector must comply with the order.
(6) Subsection (4) applies regardless of whether
15 or not the particular person was the
applicant.
24ZM Unclaimed seized thing may be sold or
destroyed
(1) Any thing seized under this Part, that is not
20 subject to forfeiture to the Crown, may be
destroyed or sold under the following
circumstances--
(a) if the identity of the person from whom
the thing was seized is known, that
25 person--
(i) has been notified in writing after
the end of the period during which
the thing may be retained under
this Division that the thing may be
30 claimed; and
(ii) has not claimed the thing within
12 months after that notice is
given; or
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(b) if the identity of the person from whom
the thing was seized is not known,
reasonable steps to identify that person
have been taken and no person entitled
5 to possession of the thing has been
located within 12 months after the end
of the period during which the thing
may be retained under this Division.
(2) The proceeds from any sale of a thing under
10 subsection (1), less the costs associated with
any maintenance, care, removal, transport
and sale of the thing, are to be paid into the
Consolidated Fund.
24ZN Forfeiture of seized things
15 (1) If a person is found guilty by a court of an
offence against this Act or regulations under
this Act, the court may, in addition to
imposing any other penalty, order that any
thing seized under this Part that was used by
20 the person in connection with the offence be
forfeited to the Crown.
(2) If a forfeited thing is sold, the costs
associated with any maintenance, care,
removal, transport and sale of the thing must
25 be deducted before any amount remaining is
paid into the Consolidated Fund.
Division 8--Samples
24ZO Provisions relating to the taking and
keeping of samples
30 (1) If an inspector proposes to take a sample of
or from an animal or a thing under this Part,
the inspector must--
(a) advise the owner or person in charge of
the animal or thing, if possible before
35 taking the sample--
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(i) that the sample is to be taken for
the purpose of examination or
analysis; and
(ii) that the owner or person in charge
5 of the animal or thing, subject to
subsection (2), has a right to be
given a part of the sample in
accordance with paragraph (b) if
the owner or person so requests;
10 and
(b) if the sample is taken for the purpose of
analysis and the owner or person in
charge of the animal or thing requests
to be given a part of the sample, divide
15 the sample into 3 parts and give one
part to the owner or person in charge,
one part to the analyst and keep
one part untouched for future
comparison.
20 (2) Despite subsection (1)(b), a sample taken
from an animal for analysis must not be
divided up into parts if the inspector has
been advised by a veterinary practitioner or a
pathologist that division of the sample is not
25 practicable or will adversely affect the
analysis.
Division 9--Further miscellaneous powers,
duties and offences
24ZP Notice to comply
30 (1) If a POCTA inspector reasonably believes
that an animal is in a situation where an
offence under Part 2 or regulations under this
Act is being or is about to be committed, the
inspector may issue a notice to--
35 (a) the owner of the animal; or
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(b) if the identity of the owner cannot be
readily established or the owner cannot
be readily contacted, the person in
charge of the animal--
5 requiring that person to ensure that the
offence is not committed or that the
commission of the offence ceases (as the
case requires).
(2) A person to whom a notice has been issued
10 under subsection (1) must comply with the
notice.
Penalty: 120 penalty units.
(3) A notice issued under subsection (1) must--
(a) be in writing; and
15 (b) state that it is an offence not to comply
with the notice; and
(c) set out the maximum penalty for the
offence.
24ZQ Requirement to give information to
20 inspector during entry
(1) To the extent that is reasonably necessary to
determine whether an offence against this
Act or regulations under this Act has been or
is about to be committed, a POCTA
25 inspector exercising a power of entry under
this Part who produces his or her identity
card for inspection by the occupier of the
premises or an agent or employee of the
occupier--
30 (a) may require that person to give
information to the inspector, orally or
in writing;
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(b) if the power is being exercised under a
warrant, may require that person to
produce anything named or referred to
in the warrant;
5 (c) if the power is being exercised under
section 23(1), may, on production of his
or her identity card for inspection to
any person in or on the premises,
require the person to give such
10 information as the inspector requests in
relation to the suspected baiting, trap-
shooting or luring and to answer any
questions put to that person by the
inspector in relation to the suspected
15 baiting, trap-shooting or luring.
(2) A person must not, without reasonable
excuse, refuse or fail to comply with a
requirement of an inspector under
subsection (1).
20 Penalty: 60 penalty units.
(3) A person must not, when giving information
to a inspector under subsection (1) give
information that is false or misleading.
Penalty: 60 penalty units.
25 24ZR Offences as to inspectors
(1) A person must not assault, obstruct, hinder,
threaten, abuse, insult, intimidate or attempt
to obstruct or intimidate a POCTA inspector
in the discharge of the inspector's powers
30 under this Part.
Penalty: 60 penalty units.
(2) A person must not refuse admission to a
POCTA inspector exercising a power of
entry or a person assisting a POCTA
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inspector in exercising a power of entry
under this Part.
Penalty: 60 penalty units.
(3) A person must not contravene or fail to
5 comply with any direction or requirement of
a POCTA inspector who is acting in the
discharge of the inspector's powers under
this Part.
Penalty: 60 penalty units.
10 24ZS Offences as to veterinary practitioners etc.
(1) A person must not assault, obstruct, hinder,
threaten, abuse, insult, intimidate or attempt
to obstruct or intimidate a veterinary
practitioner or superintendent of a saleyard
15 (within the meaning of section 24D) in the
discharge of that practitioner's or
superintendent's powers under this Part.
Penalty: 60 penalty units.
(2) A person must not contravene or fail to
20 comply with any direction or requirement of
a veterinary practitioner or superintendent of
a saleyard (within the meaning of
section 24D) who is acting in the discharge
of that practitioner's or superintendent's
25 powers under this Part.
Penalty: 60 penalty units.
24ZT Offence to fail to provide name and
address
(1) If a POCTA inspector believes, on
30 reasonable grounds, that a person has
committed an offence against this Part or
Part 2, the inspector may ask the person to
state his or her name and ordinary place of
residence or business.
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(2) In making a request under subsection (1), the
inspector must inform the person of the
grounds for his or her belief that the person
has not complied with the requirement.
5 (3) A person must not--
(a) refuse or fail to comply with a request
under subsection (1) without a
reasonable excuse for doing so; or
(b) in response to a request under
10 subsection (1)--
(i) state a name that is false in a
material particular; or
(ii) state an address that is not the full
and correct address of his or her
15 ordinary place of residence or
business.
Penalty: 10 penalty units.
(4) If a person states a name and address in
response to a request under subsection (1)
20 and the inspector suspects, on reasonable
grounds, that the stated name and address
may be false, the inspector may request the
person to produce evidence of the
correctness of the name and address.
25 (5) A person to whom a request under
subsection (4) is made must comply with the
request, unless he or she has a reasonable
excuse for not doing so.
Penalty: 10 penalty units.
30 (6) It is not an offence for a person to fail to
comply with a request under subsection (1)
or (4)--
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(a) if the inspector did not inform the
person, at the time the request was
made, that it is an offence to fail to
comply with the request; or
5 (b) if the inspector did not identify himself
or herself in accordance with
section 24ZU before making the
request.
24ZU POCTA inspectors must identify
10 themselves
A POCTA inspector must produce proof of
his or her identity and official status--
(a) before exercising a power under
section 24ZT; and
15 (b) at any time during the exercise of a
power under section 24ZT, if asked to
do so.
24ZV Protection against self-incrimination
(1) It is a reasonable excuse for a natural person
20 to refuse or fail to give information or do any
other thing that the person is required to do
by or under this Part, if the giving of the
information or the doing of that other thing
would tend to incriminate the person.
25 (2) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is
required to produce by or under this Part, if
the production of the document would tend
30 to incriminate the person.
24ZW Power to file charges
(1) A charge for an offence under this Part or
Part 2 or an offence under regulations under
this Act relating to this Part or Part 2 may
35 only be filed by--
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(a) a member of the police force; or
(b) a person who is authorised for that
purpose by the Minister in writing and
who is--
5 (i) employed under Part 3 of the
Public Administration Act 2004;
or
(ii) an officer of a council (but only in
respect of an alleged offence
10 committed in the municipal
district of the council of which
that person is an officer); or
(iii) a full-time officer of the Royal
Society for the Prevention of
15 Cruelty to Animals.
(2) An authorisation under subsection (1)(b)--
(a) must not be for a period of more than
3 years; and
(b) remains in force until 30 June in the
20 year specified in the authorisation as
the year in which it ceases to have
effect.
(3) The Minister may cancel an authorisation
under subsection (1)(b).".
25 96 Insertion of new definition of animal in Part 3
Insert the following definition in section 25 of the
Prevention of Cruelty to Animals Act 1986--
"animal means--
(a) a live member of a vertebrate species
30 including any--
(i) fish or amphibian; or
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(ii) reptile, bird or mammal, other
than any human being or any
reptile, bird or other mammal that
is below the normal mid-point of
5 gestation or incubation for the
particular class of reptile, bird or
mammal; or
(b) a live adult decapod crustacean, that
is--
10 (i) a lobster; or
(ii) a crab; or
(iii) a crayfish; or
(c) a live adult cephalopod including--
(i) an octopus; or
15 (ii) a squid; or
(iii) a cuttlefish; or
(iv) a nautilus;".
97 Penalties for carrying out scientific procedures
without licence
20 For the penalty at the foot of sections 26(1), 26(2),
26(3) and 26(4) of the Prevention of Cruelty to
Animals Act 1986 substitute--
"Penalty: 120 penalty units or imprisonment for
12 months, in the case of a natural
25 person.
600 penalty units, in the case of a
body corporate.".
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98 Penalties for carrying out scientific procedures
outside scientific premises
For the penalty at the foot of sections 27(1) and
27(2) of the Prevention of Cruelty to Animals
5 Act 1986 substitute--
"Penalty: 120 penalty units or imprisonment for
12 months, in the case of a natural
person.
600 penalty units, in the case of a
10 body corporate.".
99 Penalties for breeding animals for use in scientific
procedures
For the penalty at the foot of sections 28(1) and
28(2) of the Prevention of Cruelty to Animals
15 Act 1986 substitute--
"Penalty: 20 penalty units, in the case of a
natural person.
120 penalty units, in the case of a
body corporate.".
20 100 Penalties for failure to comply with conditions
applying to scientific procedures
For the penalty at the foot of sections 32(2) and
32(3) of the Prevention of Cruelty to Animals
Act 1986 substitute--
25 "Penalty: 120 penalty units or imprisonment for
12 months, in the case of a natural
person.
600 penalty units, in the case of a
body corporate.".
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101 Penalties for failure to comply with field work
conditions
For the penalty at the foot of sections 32D(2) and
32D(3) of the Prevention of Cruelty to Animals
5 Act 1986 substitute--
"Penalty: 120 penalty units or imprisonment for
12 months, in the case of a natural
person.
600 penalty units, in the case of a
10 body corporate.".
102 Penalties for failure to comply with conditions on
specified animals breeding licence
For the penalty at the foot of sections 32H(2) and
32H(3) of the Prevention of Cruelty to Animals
15 Act 1986 substitute--
"Penalty: 20 penalty units, in the case of a
natural person.
120 penalty units, in the case of a
body corporate.".
20 103 Penalties for carrying out certain procedures
(1) In section 36(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) after "is guilty of an offence" insert "and is
liable to a penalty of not more than, in the
25 case of a natural person, 120 penalty units or
imprisonment for 12 months, or, in the case
of a body corporate, 600 penalty units";
(b) omit--
"Penalty: For a person who is a
30 corporation--120 penalty units.
For a person other than a
corporation--60 penalty units or
imprisonment for 6 months.".
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(2) In section 36(2) of the Prevention of Cruelty to
Animals Act 1986--
(a) after "is guilty of an offence" insert "and is
liable to a penalty of not more than, in the
5 case of a natural person, 120 penalty units or
imprisonment for 12 months, or, in the case
of a body corporate, 600 penalty units";
(b) omit--
"Penalty: For a person who is a
10 corporation--120 penalty units.
For a person other than a
corporation--60 penalty units or
imprisonment for 6 months.".
(3) In section 36(3) of the Prevention of Cruelty to
15 Animals Act 1986--
(a) after "is guilty of an offence" insert "and is
liable to a penalty of not more than, in the
case of a natural person, 120 penalty units or
imprisonment for 12 months, or, in the case
20 of a body corporate, 600 penalty units";
(b) omit--
"Penalty: For a person who is a
corporation--120 penalty units.
For a person other than a
25 corporation--60 penalty units or
imprisonment for 6 months.".
104 Consequential repeal of section
Section 37 of the Prevention of Cruelty to
Animals Act 1986 is repealed.
30 105 Delegation
In section 38 of the Prevention of Cruelty to
Animals Act 1986, after "this Act" (where twice
occurring) insert "or regulations under this Act".
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106 Liability for offences
Sections 41(3), 41(4) and 41(6) of the Prevention
of Cruelty to Animals Act 1986 are repealed.
107 Insertion of new sections 41AA, 41AB and 41AC
5 After section 41 of the Prevention of Cruelty to
Animals Act 1986 insert--
"41AA Offences by bodies corporate
(1) If a body corporate contravenes any
provision of this Act, each officer of the
10 body corporate is deemed to have
contravened the same provision if the officer
knowingly authorised or permitted the
contravention.
(2) A person may be proceeded against and
15 convicted under a provision in accordance
with subsection (1) whether or not the body
corporate has been proceeded against under
that provision.
(3) Nothing in this section affects any liability
20 imposed on a body corporate for an offence
committed by the body corporate against this
Act.
41AB Conduct by officers, employees or agents
(1) If, in any proceedings under this Act, it is
25 necessary to establish the state of mind of a
body corporate in relation to particular
conduct, it is sufficient to show--
(a) that the conduct was engaged in by an
officer of that body corporate within the
30 scope of the officer's actual or apparent
authority and the officer had that state
of mind; or
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(b) that the conduct was engaged in by an
agent of the body corporate and--
(i) the agent acted at the specific
direction or with the specific
5 consent or agreement of the body
corporate; and
(ii) the agent had that state of mind;
and
(iii) the body corporate was aware of
10 the agent's state of mind when the
conduct was engaged in.
(2) For the purposes of any proceedings under
this Act, any conduct engaged in on behalf of
a body corporate is deemed to have been
15 engaged in also by the body corporate if the
conduct was engaged in by--
(a) an officer of the body corporate within
the scope of the officer's actual or
apparent authority; or
20 (b) any other person at the specific
direction or with the specific consent or
agreement of an officer of the body
corporate, if the giving of the direction,
consent or agreement is within the
25 scope of the actual or apparent
authority of the officer.
(3) If, in any proceedings under this Act, it is
necessary to establish the state of mind of a
person other than a body corporate in
30 relation to particular conduct, it is sufficient
to show--
(a) that the conduct was engaged in by an
employee of that person within the
scope of the employee's actual or
35 apparent authority and the employee
had that state of mind; or
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(b) that the conduct was engaged in by an
agent of the person and--
(i) the agent acted at the specific
direction or with the specific
5 consent or agreement of the
person; and
(ii) the agent had that state of mind;
and
(iii) the person was aware of the
10 agent's state of mind when the
conduct was engaged in.
(4) For the purposes of any proceedings under
this Act, any conduct engaged in on behalf of
a person other than a body corporate (the
15 principal) is deemed to have been engaged
in also by the principal if the conduct was
engaged in by--
(a) an employee of the principal within the
scope of the employee's actual or
20 apparent authority; or
(b) any other person at the specific
direction or with the specific consent or
agreement of an employee of the
principal, if the giving of the direction,
25 consent or agreement is within the
scope of the actual or apparent
authority of the employee.
(5) A reference in this section to the state of
mind of a person includes a reference to the
30 knowledge, intention, opinion, belief or
purpose of the person and the person's
reasons for the intention, opinion, belief or
purpose.
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41AC Time for filing certain charges under this
Act
Despite anything to the contrary in section
26(4) of the Magistrates' Court Act 1989,
5 proceedings for any offence under section 9,
section 10, Part 3 or any regulations relating
to Part 3 may be commenced within the
period of three years after the date on which
the alleged offence was committed.".
10 108 Regulation making powers
(1) In section 42(1) of the Prevention of Cruelty to
Animals Act 1986--
(a) for paragraph (b) substitute--
"(b) traps, including but not limited to the
15 following--
(i) the nature, dimensions and
features of traps;
(ii) the use of traps;
(iii) the purposes for which and the
20 places in which traps may be
used;";
(b) for paragraph (d) substitute--
"(d) rodeo licences, rodeo school permits
and rodeo permits, including, but not
25 limited to--
(i) granting or issuing licences or
permits; or
(ii) conditions on licences or permits;
or
30 (iii) applications for licences or
permits;
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Animals Legislation Amendment (Animal Care) Bill 2007
Part 4--Amendments to the Prevention of Cruelty to Animals Act 1986
s. 109
(da) the conduct of rodeos or the operation
of rodeo schools, including, but not
limited to obligations imposed on
persons who--
5 (i) participate in; or
(ii) conduct or operate; or
(iii) assist in the conduct or operation
of; or
(iv) are otherwise involved in--
10 rodeos or rodeo schools;";
(c) paragraph (j) is repealed.
(2) In section 42(2)(c) of the Prevention of Cruelty
to Animals Act 1986, for "10 penalty units"
substitute "20 penalty units".
15 109 Amendment of reference
In section 24Y of the Prevention of Cruelty to
Animals Act 1986, for "Domestic (Feral and
Nuisance) Animals Act 1994" substitute
"Domestic Animals Act 1994".
20 110 Further amendment of the Prevention of Cruelty to
Animals Act 1986
The Prevention of Cruelty to Animals Act 1986
is amended as set out in Schedule 2.
__________________
561056B.I-10/10/2007 135 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 5--Amendments to the Ombudsman Act 1973
s. 111
PART 5--AMENDMENTS TO THE OMBUDSMAN ACT 1973
111 Functions and jurisdiction
See: In section 13(2AC) of the Ombudsman Act
Act No.
8414. 1973, for "the Domestic (Feral and Nuisance)
5 Reprint No. 7
as at
Animals Act 1994" substitute "the Domestic
16 February Animals Act 1994".
2006
and
amending
Act Nos
23/2006,
29/2006,
43/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
112 Procedure relating to investigations
In section 17(1) of the Ombudsman Act 1973,
for "the Domestic (Feral and Nuisance) Animals
10 Act 1994" (wherever occurring) substitute "the
Domestic Animals Act 1994".
__________________
561056B.I-10/10/2007 136 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Part 6--Repeal of Amending Act
s. 113
PART 6--REPEAL OF AMENDING ACT
113 Repeal of Act
This Act is repealed on 1 December 2010.
__________________
561056B.I-10/10/2007 137 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 1
SCHEDULES
SCHEDULE 1
Section 44
CONSEQUENTIAL AMENDMENTS TO THE DOMESTIC
5 (FERAL AND NUISANCE) ANIMALS ACT 1994
1 Persons who may inspect register
In section 44AC(2)(e)--
(a) for "a domestic animals registry licence"
substitute "an animal registry licence";
10 (b) for "a domestic animals registry service"
substitute "an animal registry service".
2 Offences relating to keeping of records
In section 63E--
(a) for "a domestic animals registry licence"
15 substitute "an animal registry licence";
(b) for "each dog or cat" substitute "each animal
of a prescribed class of animal";
(c) for "domestic animals registry service"
substitute "animal registry service";
20 (d) for "that dog or cat" substitute "that animal".
3 Offences relating to implantation of permanent
identification devices
In section 63F, for "a dog or cat" substitute
"an animal of a prescribed class of animal".
561056B.I-10/10/2007 138 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 1
4 Offence not to give information to licence holder on
implantation
In section 63G--
(a) for "a dog or cat" substitute "an animal of a
5 prescribed class of animal";
(b) for "a domestic animals registry licence"
substitute "an animal registry licence";
(c) for "a domestic animals registry service"
substitute "an animal registry service".
10 5 Offence not to give identifying information in
certain circumstances
(1) In section 63H(1)--
(a) for "a dog or cat" substitute "an animal of a
prescribed class of animal";
15 (b) for "domestic animals registry service"
substitute "animal registry service";
(c) for "that dog or cat" substitute "that
animal";
(d) for "domestic animals registry licence"
20 substitute "animal registry licence";
(e) for "the dog or cat" substitute "the animal".
(2) In section 63H(2)--
(a) for "a domestic animals registry licence"
substitute "an animal registry licence";
25 (b) for "domestic animals registry service for
that dog or cat" substitute "animal registry
service for an animal of a prescribed class of
animal";
(c) for "dog or cat" (where secondly occurring)
30 substitute "animal".
561056B.I-10/10/2007 139 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 1
6 Offence not to provide certain information relating
to identification devices to licence holders
(1) In the heading to section 63I, for "domestic
animals registry licences" substitute "animal
5 registry licences".
(2) In section 63I(1), for "domestic animals registry
licences" substitute "animal registry licences".
7 Requirement to scan animals for permanent
identification devices
10 (1) In the heading to section 63J, for "dogs or cats"
substitute "animals".
(2) In section 63J--
(a) for "a dog or cat who" substitute "an animal
of a prescribed class of animal that";
15 (b) for "the dog or cat" substitute "the animal".
8 Division heading substituted
For the heading to Division 3 of Part 4A
substitute--
"Division 3--Animal registry licences".
20 9 Section 63K substituted
For section 63K substitute--
"63K Grant of animal registry licence
The Secretary may license a person to offer
or provide an animal registry service.".
25 10 Application for animal registry licence
(1) For the heading to section 63L substitute--
"Application for an animal registry licence".
(2) In section 63L(1), for "a domestic animals registry
licence" substitute "an animal registry licence".
561056B.I-10/10/2007 140 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 1
11 Duration of licences
In section 63M, for "A domestic animals registry
licence" (wherever occurring) substitute "An
animal registry licence".
5 12 Conditions on licences
In section 63N, for "A domestic animals registry
licence" substitute "An animal registry licence".
13 Renewal of licences
In section 63O--
10 (a) in subsections (1) and (2), for "a domestic
animals registry licence" substitute
"an animal registry licence";
(b) in subsection (5), for "A domestic animals
registry licence" substitute "An animal
15 registry licence".
14 Notice of proposal to cancel licence
(1) For the heading to section 63P substitute--
"Notice of proposal to cancel an animal registry
licence".
20 (2) In section 63P(1), for "a domestic animals registry
licence" substitute "an animal registry licence".
15 Making of submissions on proposal to cancel
In section 63Q(1), for "a domestic animals
registry licence" substitute "an animal registry
25 licence".
16 Cancellation of licence
(1) For the heading to section 63R substitute--
"Cancellation of an animal registry licence".
(2) In sections 63R(1) and 63R(4), for "a domestic
30 animals registry licence" (wherever occurring)
substitute "an animal registry licence".
561056B.I-10/10/2007 141 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 1
17 Requirements to surrender records
In section 63S--
(a) for "a domestic animals registry licence"
substitute "an animal registry licence";
5 (b) for "the domestic animals registry service"
substitute "the animal registry service".
18 Qualifications for implanters
In section 63T, for "domestic animals
identification devices" substitute "permanent
10 identification devices".
19 Notice of proposal to impose prohibition on
implanting
In section 63U(1), for "dogs and cats" substitute
"animals of prescribed classes of animal".
15 20 Power of the Secretary to prohibit a person from
implanting devices
In section 63W(1)--
(a) in paragraph (b), for "a domestic animals
registry licence" substitute "an animal
20 registry licence";
(b) in paragraph (c) for "in dogs and cats"
substitute "in animals of prescribed classes
of animal".
21 Powers of authorised officers
25 In section 74--
(a) in subsections (1)(c) and (1A)(d), for
"a domestic animals registry licence"
substitute "an animal registry licence";
(b) in subsection (1A), for "domestic animals
30 registry services" substitute "animal registry
services";
561056B.I-10/10/2007 142 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 1
(c) in subsection (1B)--
(i) in paragraph (e), for "domestic animals
registry services" substitute "animal
registry services";
5 (ii) in paragraph (f), for "dogs or cats"
substitute "animals of prescribed
classes of animal".
22 Seizure of records of information recorded in
permanent identification devices
10 In section 75A(1), for "a domestic animals
registry licence" substitute "an animal registry
licence".
23 Disposal of records seized under section 75A
In section 75B--
15 (a) in subsection (1), for "a domestic animals
registry licence" substitute "an animal
registry licence";
(b) in subsection (2), for "the domestic animals
registry licence" substitute "the animal
20 registry licence";
(c) in subsection (3), for "domestic animals
registry service" (wherever occurring)
substitute "animal registry service".
24 Application of proceeds of sale
25 In section 75C, for "domestic animals registry
licence" (wherever occurring) substitute "animal
registry licence".
25 Review of decisions made under Part 4A
In section 98AA(1)--
30 (a) for "a domestic animals registry licence"
(wherever occurring) substitute "an animal
registry licence";
561056B.I-10/10/2007 143 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 1
(b) for "dogs and cats" substitute "animals of
prescribed classes of animal".
__________________
561056B.I-10/10/2007 144 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Sch. 2
SCHEDULE 2
Section 110
FURTHER AMENDMENT OF THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
For the Schedule to the Prevention of Cruelty to Animals Act
1986 substitute--
5 "SCHEDULE
Section 15C
TABLE OF DISEASES CAUSED BY HERITABLE DEFECTS
Column 1 Column 2
Species Disease
Dogs Von Willebrand's Disease (VWD)
Progressive Retinal Atrophy (PRA)
Neuronal Ceroid Lipofuscinosis (NCL)
Collie Eye Anamoly (CEA/CH)
Hereditary Cataract (HC)
Cats Polycystic Kidney Disease (PKD)
Mutations causing aplasia or hypoplasia of any long
bone
Folded ears due to osteochondrodysplasia
.".
561056B.I-10/10/2007 145 BILL LA INTRODUCTION 10/10/2007
Animals Legislation Amendment (Animal Care) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561056B.I-10/10/2007 146 BILL LA INTRODUCTION 10/10/2007
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