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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Animals Legislation (Responsible Ownership) Act
2001
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE PREVENTION OF CRUELTY
TO ANIMALS ACT 1986 3
3. Insertion of an offence to attend an animal fight 3
4. Insertion of new sections 21A, 21B and 21C 3
21A. Search warrants for dwellings 3
21B. Announcement before entry under search warrant 5
21C. Details of search warrant to be given to occupier 5
5. Power of Minister to authorise seizure 6
6. Insertion of new sections 24E to 24J 6
24E. Warrants to seize animals 7
24F. Details of seizure warrant to be given to occupier 8
24G. Seizure of animal not mentioned in the warrant 8
24H. Retention and return of seized animal 9
24I. Magistrates' Court may extend period of warrant 9
24J. Notice to comply 9
7. Repeal of reference to section 4 of the Wildlife Act 1975 10
8. Insertion of new regulation making powers 10
PART 3--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 TO MAKE PARTICULAR
PROVISION FOR CERTAIN BREEDS OF ANIMALS 12
9. Definitions 12
10. Recognised organisations 12
11. Minister's powers to delegate 13
12. Declaration of breed of dog to be made with application for
registration or renewal 13
13. Insertion of reference in registration provision 13
14. Powers of Council to register restricted breed dogs 14
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15. Requirement for restricted breed dogs to be permanently
identified 14
16. Exemption from requirement to have identification marker
outside owner's premises 14
17. Insertion of new Division 3B in Part 3 15
Division 3B--Particular provisions for the control of
restricted breed dogs 15
41F. Notifications 15
41G. Restraint of restricted breed dogs on owner's premises 15
41H. Warning signs for restricted breed dogs 16
41I. Restraint of restricted breed dogs off the owner's
premises 16
41J. Limitation on ownership of restricted breed dogs 16
41K. Prohibition on transfer of ownership of restricted
breed dogs to minors 17
41L. Prohibition on minor having control of dog outside
owner's premises 17
18. Seizure of restricted breed dogs 18
19. Warrants for search and seizure 18
20. Powers to sell or destroy seized restricted breed dogs 18
21. Evidentiary provision 19
22. Power to apply for review of a decision to refuse to register a
restricted breed dog 19
23. Insertion of new Division 7 of Part 7 19
Division 7--Procedures for identifying restricted breed dogs 19
98A. Power of authorised officers to make declarations as
to breed of dogs 19
98B. Service of notice of declaration 19
98C. Application of certain offences at the time of the
making of a declaration 20
98D. Right to apply for review of decision to make
declaration 21
98E. Review panel 21
98F. Procedure and decisions of review panels 21
98G. Terms and conditions of appointment of members of
the pool and of panels 22
PART 4--FURTHER AMENDMENTS TO THE DOMESTIC
(FERAL AND NUISANCE) ANIMALS ACT 1994 23
24. Offence to set on dog to attack--Increase in Penalty 23
25. Liability for dog attack--Increase in penalty 23
26. Notification of Council 24
27. Payments to the Treasurer 24
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Clause Page
28. Powers of authorised officers 24
29. Warrants for search and seizure 25
30. Amendment of references to premises 25
ENDNOTES 26
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PARLIAMENT OF VICTORIA
Initiated in Assembly 31 October 2001
As amended by Assembly 22 November 2001
A BILL
to amend the Prevention of Cruelty to Animals Act 1986 and the
Domestic (Feral and Nuisance) Animals Act 1994 and for other
purposes.
Animals Legislation (Responsible
Ownership) Act 2001
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Prevention of Cruelty to
5 Animals Act 1986 to insert new offences
and to make further provision for
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enforcement powers and regulation-making
powers; and
(b) to amend the Domestic (Feral and
Nuisance) Animals Act 1994 to increase
5 penalties, to make further provision in
relation to enforcement powers and money
collected by Councils and to make provision
for further controls on certain breeds of dogs.
2. Commencement
10 (1) This Act, except Part 3, comes into operation on
the day after the day on which it receives the
Royal Assent.
(2) Subject to sub-section (3), Part 3 comes into
operation on a day or days to be proclaimed.
15 (3) If a provision of Part 3 does not come into
operation before 1 November 2002, it comes into
operation on that day.
_______________
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PART 2--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
3. Insertion of an offence to attend an animal fight
In section 13 of the Prevention of Cruelty to
5 Animals Act 1986, after sub-section (3) insert--
"(4) A person must not attend an event at which
an animal is encouraged to fight another
animal.
Penalty: 60 penalty units.".
10 4. Insertion of new sections 21A, 21B and 21C
After section 21 of the Prevention of Cruelty to
Animals Act 1986 insert--
"21A. Search warrants for dwellings
(1) An inspector may apply to a magistrate for
15 the issue of a search warrant in relation to a
person's dwelling, if the inspector believes
on reasonable grounds that there is in the
dwelling--
(a) an abandoned, diseased, distressed or
20 disabled animal; or
(b) an animal, in respect of which a
contravention of section 9 is occurring
or has occurred.
(2) If a magistrate is satisfied, by the evidence,
25 on oath or by affidavit, of the inspector that
there is reasonable grounds to believe that
there is in the dwelling--
(a) an abandoned, diseased, distressed or
disabled animal; or
30 (b) an animal in respect of which a
contravention of section 9 is occurring
or has occurred--
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the magistrate may issue a search warrant, in
accordance with the Magistrates' Court Act
1989.
(3) A search warrant issued under this section
5 may authorise an inspector named in the
warrant, together with any member of the
police force or any other person or persons
named or otherwise identified in the warrant
and with any necessary equipment--
10 (a) to enter the dwelling specified in the
warrant, if necessary by force; and
(b) to search for an animal or an animal of
a particular class of animals referred to
in the warrant; and
15 (c) to examine and inspect any such animal
found in the dwelling to determine if
the animal requires treatment by a
veterinary practitioner; and
(d) to feed and water any such animal
20 found in the dwelling; and
(e) to free any such animal from an
entanglement or tether in the dwelling.
(4) A search warrant issued under this section
must state--
25 (a) the purpose for which the search is
required and the nature of any alleged
contravention of section 9; and
(b) any conditions to which the warrant is
subject; and
30 (c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
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(d) a day, not later than 28 days after the
issue of the warrant, on which the
warrant ceases to have effect.
(5) Except as provided by this Act, the rules to
5 be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
section.
21B. Announcement before entry under search
10 warrant
(1) On executing a warrant issued under
section 21A, the inspector executing the
warrant--
(a) must announce that he or she is
15 authorised by the warrant to enter the
dwelling; and
(b) if the inspector has been unable to
obtain unforced entry, must give any
person at the dwelling an opportunity to
20 allow entry to the dwelling.
(2) An inspector need not comply with sub-
section (1) if he or she believes, on
reasonable grounds that immediate entry to
the dwelling is required to ensure that the
25 effective execution of the warrant is not
frustrated.
21C. Details of search warrant to be given to
occupier
(1) If the occupier is present at the dwelling
30 where a warrant under section 21A is being
executed, the inspector must--
(a) identify himself or herself to the
occupier; and
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(b) give a copy of the warrant to the
occupier.
(2) If the occupier is not present at the dwelling
where a warrant under section 21A is being
5 executed, the inspector must--
(a) identify himself or herself to a person at
the dwelling; and
(b) give a copy of the warrant to the
person.".
10 5. Power of Minister to authorise seizure
In section 24A of the Prevention of Cruelty to
Animals Act 1986, for sub-section (1)
substitute--
"(1) If the Minister believes on reasonable
15 grounds that any animal is in such a
condition or circumstances that it is likely to
become distressed or disabled the Minister
may give notice in writing to--
(a) the owner of the animal; or
20 (b) if the identity of the owner cannot be
readily established or the owner cannot
be readily contacted, the person who
has possession or custody of the
animal--
25 that, unless the Minister is satisfied that
action has been or is being taken to remove
the likelihood of the animal becoming
distressed or disabled, the Minister intends,
not less than 7 days after the giving of the
30 notice, to authorise a specialist inspector to
seize and dispose of the animal in
accordance with this Division.".
6. Insertion of new sections 24E to 24J
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After section 24D of the Prevention of Cruelty
to Animals Act 1986 insert--
"24E. Warrants to seize animals
(1) An inspector, with the written approval of
5 the Secretary, may apply to a magistrate for
the issue of a warrant allowing the inspector
to seize an animal from a premises, including
a person's dwelling, if the inspector believes
on reasonable grounds that the welfare of the
10 animal is at immediate risk
(2) If a magistrate is satisfied, by the evidence,
on oath or by affidavit, of the inspector that
there is reasonable grounds to believe that
the welfare of an animal believed to be in or
15 on the premises specified in the warrant is at
immediate risk, the magistrate may issue a
warrant, in accordance with the Magistrates'
Court Act 1989.
(3) A warrant issued under this section may
20 authorise an inspector named in the warrant,
together with any member of the police force
or any other person or persons named or
otherwise identified in the warrant and with
any necessary equipment--
25 (a) to seize any animal specified in the
warrant and to take that animal to any
place that the inspector thinks fit; and
(b) to retain possession of any such animal
for the period of time necessary for the
30 animal to be adequately cared for or
treated, but for no longer than the
period of time specified in the warrant.
(4) A warrant issued under this section must
state--
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(a) the purpose for which the warrant is
required; and
(b) any conditions to which the warrant is
subject; and
5 (c) a day, not later than 28 days after the
issue of the warrant, on which the
warrant ceases to have effect.
(5) Except as provided by this Act, the rules to
be observed with respect to warrants to seize
10 property under the Magistrates' Court Act
1989 extend and apply to warrants under this
section.
24F. Details of seizure warrant to be given to
occupier
15 (1) If the occupier is present at the dwelling or
premises where a warrant under section 24E
is being executed, the inspector must--
(a) identify himself or herself to the
occupier; and
20 (b) give a copy of the warrant to the
occupier.
(2) If the occupier is not present at the dwelling
or premises where a warrant under
section 24E is being executed, the inspector
25 must--
(a) identify himself or herself to a person at
the dwelling or premises; and
(b) give a copy of the warrant to the
person.
30 24G. Seizure of animal not mentioned in the
warrant
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In addition to the seizure of any animal
described in a warrant issued under
section 24E or any animal of a class
described in the warrant, the warrant
5 authorises an inspector executing it to seize
an animal that is not described in the warrant
or that is not of a class described in the
warrant, if the inspector believes, on
reasonable grounds that the welfare of the
10 animal is at immediate risk.
24H. Retention and return of seized animal
If an inspector seizes an animal under a
warrant under section 24E, the inspector
must take reasonable steps to return the
15 animal to the person from whom it was
seized within the time specified in the
warrant.
24I. Magistrates' Court may extend period of
warrant
20 (1) An inspector may apply to the Magistrates'
Court, before the expiration of the time
specified in a warrant under section 24E for
the return of an animal, for an extension of
the period for which the inspector may retain
25 the animal.
(2) The Magistrates' Court may order such an
extension if it is satisfied that the retention of
the animal is necessary for its welfare.
(3) The Magistrates' Court may adjourn an
30 application to enable notice of the
application to be given to any person.
24J. Notice to comply
(1) If an inspector reasonably believes that an
animal is in a situation where an offence
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under section 9 is being or is about to be
committed the inspector may issue a notice
to--
(a) the owner of the animal; or
5 (b) if the identity of the owner cannot be
readily established or the owner cannot
be readily contacted, the person who
has possession or custody of the
animal--
10 requiring that person to ensure that the
offence is not committed or that the
commission of the offence ceases (as the
case requires).
(2) A person must comply with a notice issued
15 to him or her under sub-section (1).
Penalty: 60 penalty units.
(3) A notice issued under sub-section (1) must--
(a) be in writing; and
(b) state that it is an offence to not comply
20 with the notice; and
(c) set out the maximum penalty for the
offence.".
7. Repeal of reference to section 4 of the Wildlife Act
1975
25 In the definition of "scientific procedure" in
section 25 of the Prevention of Cruelty to
Animals Act 1986, in paragraph (i) omit "or
anything done under section 4 of that Act".
8. Insertion of new regulation making powers
30 In section 42(1) of the Prevention of Cruelty to
Animals Act 1986, after paragraph (n) insert--
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'"(na) prohibiting the procedure of the firing of
horses;
(nb) prohibiting the possession of any implement
or thing of any of the following classes--
5 (i) dog or cock fighting implements;
(ii) any other similar fighting implements
or things;
(nc) prohibiting or regulating the use of an
implement or thing of any of the following
10 classes--
(i) pronged collars;
(ii) electronic dog training collars;".
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PART 3--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 TO MAKE PARTICULAR
PROVISION FOR CERTAIN BREEDS OF ANIMALS
9. Definitions
5 In section 3(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert the
following definitions--
' "restricted breed dog" means a dog of a breed
whose importation into Australia is
10 prohibited under the Customs (Prohibited
Imports) Regulations 1956 of the
Commonwealth;
"recognised organisation" means an
organisation declared to be a recognised
15 organisation by the Minister under section
5A;'.
10. Recognised organisations
(1) Insert the following heading to section 5A of the
Domestic (Feral and Nuisance) Animals Act
20 1994--
"Applicable organisations and recognised
organisations".
(2) In section 5A of the Domestic (Feral and
Nuisance) Animals Act 1994, after sub-
25 section (1) insert--
"(1A) The Minister may declare, by notice
published in the Government Gazette, that an
organisation is a recognised organisation
if--
30 (a) the organisation has applied to the
Minister to be declared a recognised
organisation; and
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(b) the organisation represents the owners
of restricted breed dogs; and
(c) the Minister is satisfied that the
organisation meets the criteria set out in
5 the relevant guidelines.".
(3) In section 5A(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "applicable
organisation" insert "or a recognised
organisation".
10 11. Minister's powers to delegate
In section 6 of the Domestic (Feral and
Nuisance) Animals Act 1994, after paragraph (a)
insert--
"(aa) his or her power to make appointments to
15 review panels under section 98E(1);".
12. Declaration of breed of dog to be made with
application for registration or renewal
In section 10 of the Domestic (Feral and
Nuisance) Animals Act 1994, after sub-
20 section (2) insert--
"(3) If a person is making an application under
sub-section (1) or (2) in relation to a dog,
that person must include with the application
a declaration as to whether or not the dog in
25 respect of which the application is made is a
restricted breed dog.
Penalty: 5 penalty units.".
13. Insertion of reference in registration provision
In section 16 of the Domestic (Feral and
30 Nuisance) Animals Act 1994, after "dangerous
dog" insert "or a restricted breed dog".
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14. Powers of Council to register restricted breed dogs
In section 17 of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) in sub-section (1), after "dangerous dog"
5 insert "or a restricted breed dog";
(b) in sub-section (2), after "dangerous dog"
insert "or a restricted breed dog";
(c) in sub-section (4), after "dangerous dog"
insert "or a restricted breed dog".
10 15. Requirement for restricted breed dogs to be
permanently identified
In section 19 of the Domestic (Feral and
Nuisance) Animals Act 1994, for sub-section (2)
substitute--
15 "(2) If a person is the owner of a dangerous dog
or a restricted breed dog, that person must
ensure that the dog is permanently identified
in the manner prescribed by the regulations.
Penalty: 5 penalty units.".
20 16. Exemption from requirement to have identification
marker outside owner's premises
In section 20(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, after paragraph (d)
insert--
25 "(da) a dog while it is being exhibited for show
purposes at a fixture conducted by a
recognised organisation; or".
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17. Insertion of new Division 3B in Part 3
In Part 3 of the Domestic (Feral and Nuisance)
Animals Act 1994, after Division 3A insert--
"Division 3B--Particular provisions for the
5 control of restricted breed dogs
41F. Notifications
(1) The owner of a restricted breed dog must
notify the Council that registered the dog,
within 24 hours, if--
10 (a) the dog is missing; or
(b) the ownership of the dog changes.
Penalty: 5 penalty units.
(2) If the owner of a restricted breed dog
proposes to sell the dog or give the dog to
15 another person or otherwise transfer the
ownership of the dog to another person, the
owner must, before doing so advise the
person in writing that the dog is a restricted
breed dog.
20 Penalty: 5 penalty units.
41G. Restraint of restricted breed dogs on
owner's premises
(1) When a restricted breed dog is on its owner's
premises, the owner must keep the dog
25 securely confined in a manner that complies
with sub-section (2).
Penalty: 5 penalty units.
(2) The enclosure must--
(a) be childproof; and
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(b) be constructed so that the dog cannot
escape from it; and
(c) comply with the regulations.
41H. Warning signs for restricted breed dogs
5 The owner of a restricted breed dog must
display warning signs, which comply with
the regulations, at all entrances to the
premises where the dog is kept, warning
people that a restricted breed dog is kept at
10 the premises.
Penalty: 5 penalty units.
41I. Restraint of restricted breed dogs off the
owner's premises
If a restricted breed dog is outside the
15 premises of its owner and is not--
(a) muzzled in a manner which is sufficient
to prevent it causing injury by biting;
and
(b) under the effective control of some
20 person by means of a chain, cord or
leash--
the owner of that dog and any person for the
time being in charge of the dog are guilty of
an offence and liable, on conviction, to a
25 penalty of not more than 5 penalty units.
41J. Limitation on ownership of restricted breed
dogs
(1) A person must not own more than
2 restricted breed dogs unless that person has
30 a permit from the Council of the municipal
district in which the dogs are kept to do so.
Penalty: 5 penalty units.
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(2) A Council may issue a permit to own more
than 2 restricted breed dogs to any person
who has applied to the Council for such a
permit.
5 (3) An application for a permit must be--
(a) in writing in the form approved by the
Council; and
(b) accompanied by the fee determined by
the Council for such an application.
10 (4) A permit--
(a) is subject to any terms and conditions
determined by the Council; and
(b) remains in force for the period not
exceeding 2 years determined by the
15 Council; and
(c) may be renewed on application to the
Council.
(5) The holder of a permit must comply with the
terms and conditions of the permit.
20 Penalty: 5 penalty units.
41K. Prohibition on transfer of ownership of
restricted breed dogs to minors
The owner of a restricted breed dog must not
sell, give or otherwise transfer ownership of
25 the dog to another person who is less than
17 years of age.
Penalty: 5 penalty units.
41L. Prohibition on minor having control of dog
outside owner's premises
30 If a person who is less than 17 years of age is
in charge of a restricted breed dog outside
the premises of the dog's owner, the owner is
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guilty of an offence and liable, on
conviction, to a penalty of not more than 5
penalty units.".
18. Seizure of restricted breed dogs
5 In section 77(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) in paragraph (b), after "dangerous dog"
insert "or a restricted breed dog";
(b) after paragraph (c) insert--
10 "(ca) if the dog is a restricted breed dog and--
(i) the owner has been found guilty of an
offence under Division 3B of Part 3
with respect to that dog; or
(ii) the authorised officer reasonably
15 suspects that the owner is guilty of an
offence under Division 3B of Part 3
with respect to that dog; or".
19. Warrants for search and seizure
In section 77A of the Domestic (Feral and
20 Nuisance) Animals Act 1994--
(a) in sub-section (1), after "(c)" insert ", (ca)";
(b) in sub-section (2), after "(c)" insert ", (ca)".
20. Powers to sell or destroy seized restricted breed dogs
In section 80 of the Domestic (Feral and
25 Nuisance) Animals Act 1994--
(a) in sub-section (1)(b), after "a dangerous dog"
insert "or a restricted breed dog";
(b) in sub-section (2), after "(c)(i)" insert
", (ca)(i)";
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(c) in sub-section (3), after "(c)(ii)" insert
", (ca)(ii)";
(d) in sub-section (4), after "(c)(ii)" insert
", (ca)(ii)".
5 21. Evidentiary provision
At the end of section 94 of the Domestic (Feral
and Nuisance) Animals Act 1994 insert--
"(2) In any proceedings for an offence under this
Act related to a restricted breed dog, it is a
10 defence to an allegation that the dog in
respect of which the offence was committed
was a restricted breed dog, if the owner
reasonably believed the dog was not a
restricted breed dog.".
15 22. Power to apply for review of a decision to refuse to
register a restricted breed dog
In section 98(2)(b) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "dangerous
dog" insert "or a restricted breed dog".
20 23. Insertion of new Division 7 of Part 7
In Part 7 of the Domestic (Feral and Nuisance)
Animals Act 1994, after Division 6 insert--
"Division 7--Procedures for identifying
restricted breed dogs
25 98A. Power of authorised officers to make
declarations as to breed of dogs
If an authorised officer is of the opinion that
a dog is a restricted breed dog, the authorised
officer may make a declaration to the effect
30 that the dog is a restricted breed dog.
98B. Service of notice of declaration
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(1) An authorised officer who has made a
declaration under section 98A must serve
written notice of that declaration on the
owner of the dog, either personally or by
5 registered post, within 7 days of the making
of the declaration.
(2) A notice under sub-section (1) must--
(a) set out that the owner has a right to
apply for a review of the decision to
10 make the declaration under this
Division; and
(b) set out how to make an application for
such a review; and
(c) set out the requirements of the Act as to
15 restricted breed dogs that must be
complied with immediately.
98C. Application of certain offences at the time
of the making of a declaration
Sections 19(2), 41G and 41H are to be taken
20 not to apply to the owner of a dog which has
been declared to be a restricted breed dog by
an authorised officer until--
(a) in the case of a declaration in respect of
which an application to the panel has
25 not been made within 30 days of the
service of the notice of the declaration,
60 days after the service of the notice of
the declaration; or
(b) in the case of a declaration in respect of
30 which--
(i) an application has been made to
the panel within 30 days of the
service of the notice of the
declaration; and
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(ii) the panel has affirmed the making
of the declaration--
30 days after the decision to affirm the
making of the declaration.
5 98D. Right to apply for review of decision to
make declaration
(1) The owner of a dog in respect of which a
declaration has been made under this
Division may apply for that decision to be
10 reviewed by a review panel.
(2) An application under sub-section (1) must--
(a) be made to the Minister; and
(b) be made within 30 days of the service
of the notice; and
15 (c) be accompanied by the fee prescribed
by the regulations.
98E. Review panel
(1) A review of a declaration made under this
Division must be heard by a review panel
20 consisting of a chairperson and 2 other
persons appointed by the Minister for the
purposes of that review.
(2) A review panel must be constituted from a
pool of persons appointed by the Minister
25 because of their knowledge of or experience
in the identification of dog breeds.
98F. Procedure and decisions of review panels
(1) A review panel--
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(a) must consider the application for
review of the declaration which is
before it; and
(b) may affirm or set aside that declaration.
5 (2) A decision of a review panel must be
determined by a majority of the members of
the panel.
(3) Subject to sub-section (2), a review panel
may regulate its own procedure.
10 98G. Terms and conditions of appointment of
members of the pool and of panels
(1) Subject to this section, the members of--
(a) any review panel appointed by the
Minister under section 98E(1); and
15 (b) the pool of persons appointed by the
Minister under section 98E(2)--
are appointed on the terms and conditions
determined by the Minister.
(2) A member of a review panel who is not a
20 public servant is entitled to receive the fees
and travelling and other allowances, if any,
fixed by the Minister.
(3) The Public Sector Management and
Employment Act 1998 does not apply to
25 any member of the pool or a panel in respect
of that office of member.".
_______________
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Act No.
PART 4--FURTHER AMENDMENTS TO THE DOMESTIC
(FERAL AND NUISANCE) ANIMALS ACT 1994
24. Offence to set on dog to attack--Increase in Penalty
In section 28 of the Domestic (Feral and
5 Nuisance) Animals Act 1994, for "5 penalty
units" substitute "120 penalty units or
imprisonment for 6 months".
25. Liability for dog attack--Increase in penalty
(1) In section 29 of the Domestic (Feral and
10 Nuisance) Animals Act 1994, for sub-section (1)
substitute--
"(1) If a dangerous dog, that is not a guard dog
guarding non-residential premises, attacks or
bites any person or animal, the owner is
15 guilty of an offence and liable, on
conviction, to a term of imprisonment not
exceeding 6 months or to a fine not
exceeding 120 penalty units.
(1AA) If a dog that is not a dangerous dog, attacks
20 or bites any person or animal, the owner is
guilty of an offence and liable to a fine not
exceeding 10 penalty units.".
(2) In section 29(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "(1)" insert
25 ", (1AA)".
(3) In section 29(3) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "(1)" insert
", (1AA)".
(4) In section 29(4) of the Domestic (Feral and
30 Nuisance) Animals Act 1994, after "(1)" insert
", (1AA)".
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26. Notification of Council
In section 37(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, paragraph (a) is
repealed.
5 27. Payments to the Treasurer
(1) In section 69(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) in paragraph (a) omit "dog or";
(b) after paragraph (a) insert--
10 "(aa) $2.50 in respect of each registration fee
collected by it in each financial year
for the registration or renewal of
registration of a dog; and".
(2) In section 69(2) of the Domestic (Feral and
15 Nuisance) Animals Act 1994, after paragraph (a)
insert--
"(aa) research into domestic animal management;
and".
28. Powers of authorised officers
20 In section 74(2) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) in paragraph (a), for "land, vehicle or
building not occupied as a place of
residence" substitute "building not occupied
25 as a place of residence or any land or
vehicle";
(b) for paragraph (b) substitute--
"(b) search the whole or any part of any
building, land or vehicle entered under
30 paragraph (a); or".
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29. Warrants for search and seizure
(1) In section 77A(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) for "any premises" substitute "any building
5 occupied as a place of residence";
(b) for "on the premises" substitute "in the
building".
(2) In section 77A(2) of the Domestic (Feral and
Nuisance) Animals Act 1994--
10 (a) for "on the premises" substitute "in the
building";
(b) in paragraph (a), for "the premises"
substitute "the building".
30. Amendment of references to premises
15 (1) In section 77B of the Domestic (Feral and
Nuisance) Animals Act 1994, for "the premises"
(wherever occurring) substitute "the building".
(2) In section 77C of the Domestic (Feral and
Nuisance) Animals Act 1994, for "the premises"
20 (wherever occurring) substitute "the building".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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