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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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