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This is a Bill, not an Act. For current law, see the Acts databases.


ANIMALS LEGISLATION AMENDMENT (ANIMAL CARE) BILL 2007

                 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

 


 

Clause Page 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

 


 

Clause Page 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

 


 

Clause Page 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 561056B.I-10/10/2007 viii BILL LA INTRODUCTION 10/10/2007

 


 

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 561056B.I-10/10/2007 8 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. 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,". 561056B.I-10/10/2007 11 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. 18 1994 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.". 561056B.I-10/10/2007 12 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. 19 1994 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; 561056B.I-10/10/2007 13 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. 24 1994 (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.". 561056B.I-10/10/2007 14 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. 26 1994 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. 561056B.I-10/10/2007 15 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. 29 1994 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 561056B.I-10/10/2007 16 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. 29 1994 (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-- 561056B.I-10/10/2007 17 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. 29 1994 (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. 561056B.I-10/10/2007 18 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. 29 1994 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. 561056B.I-10/10/2007 19 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. 29 1994 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. 561056B.I-10/10/2007 20 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. 29 1994 (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 561056B.I-10/10/2007 21 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. 29 1994 (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 561056B.I-10/10/2007 22 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. 29 1994 (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. 561056B.I-10/10/2007 23 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. 29 1994 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; 561056B.I-10/10/2007 24 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. 29 1994 (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 561056B.I-10/10/2007 25 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. 29 1994 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. 561056B.I-10/10/2007 26 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. 29 1994 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 561056B.I-10/10/2007 27 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. 29 1994 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 561056B.I-10/10/2007 28 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. 29 1994 (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-- 561056B.I-10/10/2007 29 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. 29 1994 (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 561056B.I-10/10/2007 30 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. 29 1994 (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 561056B.I-10/10/2007 31 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. 29 1994 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 561056B.I-10/10/2007 32 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. 29 1994 (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 561056B.I-10/10/2007 33 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. 29 1994 (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 561056B.I-10/10/2007 34 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. 29 1994 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-- 561056B.I-10/10/2007 35 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. 29 1994 (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. 561056B.I-10/10/2007 36 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. 29 1994 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 561056B.I-10/10/2007 37 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. 29 1994 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. 561056B.I-10/10/2007 38 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. 29 1994 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.". 561056B.I-10/10/2007 39 BILL LA