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PARLIAMENT OF VICTORIA
Primary Industries Acts (Further Amendment) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY MATTERS 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 3
3. Definitions 3
4. Penalty for failure to declare restricted breed dog 3
5. Insertion of sections 10A and 10B 3
10A. Council may refuse to register dogs and cats unless
desexed 3
10B. Dogs and cats that are exempt from desexing 4
6. Insertion of new section 10C 5
10C. Council must not register or renew registration of
certain dogs unless permanently identified 5
7. Substitution of section 10C and insertion of section 10D 6
10C. Refusal of registration of dogs and cats unless
permanently identified 6
10D. Dogs and cats that are exempt from permanent
identification 7
8. Insertion of section 12A and substitution of section 13 8
12A. Dogs and cats must be permanently identified before sale
or being given away 8
13. Notification of sale by domestic animal business 9
9. Application for registration or renewal of registration 9
10. Registration fees 10
11. Substitution of section 16 11
16. Registration of dogs and cats other than dangerous or
restricted breed dogs 11
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12. Registration of dangerous and restricted breed dogs 12
13. Cats found at large 13
14. Insertion of section 33A 13
33A. Council animal shelters and pounds must accept
surrendered animals 13
15. Insertion of section 41EA 14
41EA. Prohibition on keeping a restricted breed dog 14
16. Repeal of Division heading 14
17. Substitution of section 58 14
58. Revocation or suspension of registration of animal
shelter or pound by Minister 14
18. Insertion of heading to Division 3A of Part 4 15
19. Substitution of section 63A 15
63A. Non-compliance with Code of Practice an offence 15
20. Insertion of Part 5A 17
PART 5A--DOMESTIC ANIMAL MANAGEMENT
PLANS 17
68A. Councils to prepare domestic animal management plans 17
21. Seizure of dogs and cats 19
22. New offences prescribed for infringement notices 22
23. New penalty for giving false information 22
24. Regulations 23
25. Amendments to Schedule 23
PART 3--AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986 24
26. Definition 24
27. Amendments to cruelty offences 24
28. Serious offences 25
29. Permits to operate rodeos or rodeo schools 25
30. References to owner or person in charge 27
31. Taking of samples of animals and things 27
32. Additional search warrant power 28
33. Insertion of sections 21CA and 21CB 29
21CA. Disposal of seized abandoned animal 29
21CB. Certain sale and destruction provisions to apply to
animals seized under section 21A 31
34. Substitution of section 24A 31
24A. Minister may authorise seizure of animals 31
35. Substitution of section 24H 33
24H. Retention, return and disposal of seized animal 33
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36. Insertion of new section 24IA 34
24IA. Certain sale and destruction provisions to apply to
animals seized under section 24E 34
37. Notice to comply 34
ENDNOTES 35
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551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Domestic (Feral and Nuisance) Animals Act 1994 and
the Prevention of Cruelty to Animals Act 1986 and for other
purposes.
Primary Industries Acts (Further
Amendment) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY MATTERS
1. Purposes
The main purposes of this Act are--
(a) to amend the Domestic (Feral and
Nuisance) Animals Act 1994--
5
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Act No.
Part 1--Preliminary Matters
s. 2
(i) to provide for the desexing and the
permanent identification of dogs and
cats; and
(ii) to prohibit the keeping of restricted
breed dogs; and
5
(iii) to prohibit the sale of dogs and cats
unless they are permanently identified;
and
(iv) to require Councils to prepare domestic
animal management plans; and
10
(v) to generally improve the administration
and enforcement provisions of that Act;
and
(b) to amend the Prevention of Cruelty to
Animals Act 1986--
15
(i) to amend the provisions relating to the
issue of permits for rodeos and rodeo
schools; and
(ii) to generally improve the administration
and enforcement provisions of that Act.
20
2. Commencement
(1) This Act (except sections 6, 7, 8, 9(2), 21(6), 22,
24 and 29) comes into operation on the day after
the day on which it receives the Royal Assent.
(2) Section 7 comes into operation on 1 May 2007.
25
(3) Subject to sub-section (4), sections 6, 8, 9(2),
21(6), 22, 24 and 29 come into operation on a day
or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 2006, it
30
comes into operation on that day.
__________________
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Act No.
Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act
s. 3
1994
See:
PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND
Act No.
NUISANCE) ANIMALS ACT 1994 81/1994.
Reprint No. 2
as at
3. Definitions 1 November
2002
In section 3(1) of the Domestic (Feral and and
Nuisance) Animals Act 1994, in the definitions
5 amending
Act Nos
of "domestic animal business" and "pound", for 56/2003,
"dogs and cats" substitute "dogs or cats". 103/2003,
69/2004,
4. Penalty for failure to declare restricted breed dog 82/2004,
108/2004 and
50/2005.
For the penalty at the foot of section 10(3) of the LawToday:
Domestic (Feral and Nuisance) Animals Act
10 www.dms.
dpc.vic.
1994 substitute-- gov.au
"Penalty: 10 penalty units.".
5. Insertion of sections 10A and 10B
After section 10 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
15
"10A. Council may refuse to register dogs and
cats unless desexed
(1) A Council may resolve that it will not, after a
specified future date, register or renew the
registration of a dog or cat unless the dog or
20
cat--
(a) is desexed; or
(b) is exempted under this Act from any
requirement to be desexed.
(2) A Council may resolve to amend or revoke
25
any resolution made under this section.
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1994
(3) If a Council makes a resolution under this
section--
(a) it must cause a copy of the resolution to
be published in the Government
Gazette and in a newspaper circulating
5
in the municipal district of the Council;
and
(b) it must give effect to the resolution.
(4) A Council must not register or renew the
registration of a dangerous dog or a restricted
10
breed dog unless the dog--
(a) is desexed; or
(b) is exempt under section 10B(1)(c),
10B(1)(d) or 10B(1)(e) from the
requirement to be desexed.
15
10B. Dogs and cats that are exempt from
desexing
(1) The following dogs and cats do not have to
be desexed to be registered or to have their
registration renewed by a Council--
20
(a) a dog or cat that is owned by a person
or body that conducts a domestic
animal business under which dogs or
cats are bred and the dog or cat is used
for breeding purposes in connection
25
with that business;
(b) a dog or cat that is owned by a person
who is a current member of an
applicable organisation and the animal
is registered with that organisation;
30
(c) a dangerous dog that is kept as a guard
dog for non-residential premises;
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1994
(d) a dangerous dog that has undergone
protection training in accordance with
any relevant Code of Practice made
under section 59;
(e) a dog or cat that is the subject of
5
written veterinary advice that the health
of the dog or cat is liable to be
significantly prejudiced if it is desexed;
(f) a dog or cat that is of a class of dog or
cat that is exempt under a resolution
10
made under section 10A from a
requirement to be desexed.
(2) A Council may, in any resolution made
under section 10A, exempt a class of dog or
cat from any requirement to be desexed for
15
the purposes of registration or the renewal of
registration.
(3) Sub-section (2) does not apply to a
dangerous dog or a restricted breed dog.".
6. Insertion of new section 10C
20
After section 10B of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"10C. Council must not register or renew
registration of certain dogs unless
permanently identified
25
A Council must not register or renew the
registration of a dangerous dog, a menacing
dog or a restricted breed dog unless the dog
has been implanted with a prescribed
permanent identification device.".
30
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1994
7. Substitution of section 10C and insertion of
section 10D
For section 10C of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"10C. Refusal of registration of dogs and cats
5
unless permanently identified
(1) A Council must not register a dog or cat
unless the dog or cat--
(a) has been implanted with a prescribed
permanent identification device; or
10
(b) is of a class of dog or cat that is
exempt, under a resolution made under
section 10D(3), from the requirement to
be implanted with such a device; or
(c) is otherwise exempted under this Act
15
from the requirement to be implanted
with such a device; or
(d) subject to sub-section (2), has
previously been registered with that
Council at any time in the 12 month
20
period immediately before the
application for registration was lodged.
(2) Sub-section (1)(d) does not apply if a
resolution of the Council under
sub-section (3) is in effect under which dogs
25
or cats of the same class as the dog or cat are
required to be implanted with a prescribed
permanent identification device for the
purposes of the renewal of registration.
(3) A Council may resolve that it will not, after a
30
specified future date, renew the registration
of any dog or cat unless the dog or cat--
(a) has been implanted with a prescribed
permanent identification device; or
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s. 7
1994
(b) is exempted under this Act from any
requirement to be implanted with such
a device.
(4) A Council may resolve to amend or revoke
any resolution made under this section.
5
(5) If a Council makes a resolution under this
section--
(a) it must cause a copy of the resolution to
be published in the Government
Gazette and in a newspaper circulating
10
in the municipal district of the Council;
and
(b) it must give effect to the resolution.
(6) A Council must not register or renew the
registration of a dangerous dog, a menacing
15
dog or a restricted breed dog unless the dog
has been implanted with a prescribed
permanent identification device.
10D. Dogs and cats that are exempt from
permanent identification
20
(1) This section does not apply to a dangerous
dog, a menacing dog or a restricted breed
dog.
(2) A dog or cat that is the subject of written
veterinary advice that the health of the dog
25
or cat is liable to be significantly prejudiced
if it is implanted with a prescribed permanent
identification device is exempt from any
requirement to be so implanted for the
purposes of registration or the renewal of
30
registration.
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1994
(3) A Council may resolve that a class of dog or
cat is exempted from any requirement to be
implanted with a prescribed permanent
identification device for the purposes of
registration.
5
(4) A Council may, in any resolution made
under section 10C, exempt a class of dog or
cat from any requirement to be implanted
with a prescribed permanent identification
device for the purposes of the renewal of
10
registration.
(5) A Council may resolve to amend or revoke
any resolution made under this section.
(6) If a Council makes a resolution under this
section--
15
(a) it must cause a copy of the resolution to
be published in the Government
Gazette and in a newspaper circulating
in the municipal district of the Council;
and
20
(b) it must give effect to the resolution.".
8. Insertion of section 12A and substitution of
section 13
For section 13 of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
25
"12A. Dogs and cats must be permanently
identified before sale or being given away
The proprietor of a domestic animal business
must not sell, or give away, a dog or cat
unless the dog or cat has been implanted
30
with a prescribed permanent identification
device.
Penalty: 10 penalty units.
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1994
13. Notification of sale by domestic animal
business
If the proprietor of a domestic animal
business sells, or gives away, a dog or cat
which is not registered, he or she must notify
5
the Council with which the animal should be
registered, within 7 days after the sale or the
giving away of the animal, of--
(a) the sale, or the giving away of the
animal; and
10
(b) a description of the animal; and
(c) the name and address of the new owner
of the animal; and
(d) the unique number of the microchip
contained in the prescribed permanent
15
identification device implanted in the
animal.
Penalty: 3 penalty units.".
9. Application for registration or renewal of
registration
20
(1) For section 14(c) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"(c) be accompanied by--
(i) the relevant fee fixed by the Council;
and
25
(ii) if relevant, evidence in a form required
by the Council that the dog or cat is
desexed.".
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s. 10
1994
(2) In section 14(c) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) in sub-paragraph (ii), for "desexed."
substitute "desexed; and";
(b) after sub-paragraph (ii) insert--
5
"(iii) if relevant, evidence in a form required
by the Council that the dog or cat is
implanted with a prescribed permanent
identification device.".
10. Registration fees
10
(1) For section 15(4) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"(4) A scheme of registration fees in respect of
dogs or cats must apply the following
principles--
15
(a) the maximum fee is to be payable in
respect of a class of dog described in
Column 1 of Part 1 of the Schedule or a
class of cat described in Column 1 of
Part 2 of the Schedule;
20
(b) the reduced fee is to be payable in
respect of a class of dog described in
Column 2 of Part 1 of the Schedule or a
class of cat described in Column 2 of
Part 2 of the Schedule;
25
(c) in the case of a dangerous dog (that is
not of a class of dangerous dog referred
to in paragraph (d)), a menacing dog or
a restricted breed dog, the fee payable
must be no less than the amount of the
30
maximum fee for a dog under
paragraph (a);
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1994
(d) the fee payable in respect of a
dangerous dog in any of the following
classes is to be the same amount as the
maximum fee for a dog under
paragraph (a)--
5
(i) a dangerous dog that is kept as a
guard dog for non-residential
premises; or
(ii) a dangerous dog that has
undergone protection training in
10
accordance with any relevant
Code of Practice made under
section 59.".
(2) For section 15(7) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
15
"(7) Sub-section (6) does not apply to a
dangerous dog, a menacing dog or a
restricted breed dog.".
11. Substitution of section 16
For section 16 of the Domestic (Feral and
20
Nuisance) Animals Act 1994 substitute--
"16. Registration of dogs and cats other than
dangerous or restricted breed dogs
A Council must register or renew the
registration of a dog or cat (other than a
25
dangerous dog or a restricted breed dog) that
is required to be registered under this Act
if--
(a) the application for registration or
renewal of the registration is
30
accompanied by the appropriate fee and
otherwise complies with this Act and
the regulations; and
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s. 12
1994
(b) any pre-condition for registration or the
renewal of registration imposed by or
under this Act in respect of the cat or
dog has been met.".
12. Registration of dangerous and restricted breed dogs
5
(1) Insert the following heading to section 17 of the
Domestic (Feral and Nuisance) Animals Act
1994--
"Registration of dangerous and restricted
breed dogs".
10
(2) In section 17(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 omit "or a
restricted breed dog".
(3) After section 17(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
15
"(1A) A Council must not register a restricted
breed dog unless the Council is satisfied--
(a) that the dog was in Victoria
immediately before the commencement
of section 12 of the Primary
20
Industries Acts (Further
Amendment) Act 2005; and
(b) that the owner reasonably held the
opinion, at that commencement, that
the dog was not a restricted breed dog.
25
(1B) A Council may renew the registration of a
restricted breed dog.
(1C) A Council may impose conditions on the
registration or the renewal of the registration
of a dog under sub-section (1A) or (1B).".
30
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s. 13
1994
(4) In section 17(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, after "proposes"
insert "to exercise a discretion".
13. Cats found at large
In section 25(1) of the Domestic (Feral and
5
Nuisance) Animals Act 1994, after "municipal
district" insert "or a specified part of a municipal
district".
14. Insertion of section 33A
After section 33 of the Domestic (Feral and
10
Nuisance) Animals Act 1994 insert--
"33A. Council animal shelters and pounds must
accept surrendered animals
(1) A Council of a municipal district must accept
any dog or cat kept in that municipal district
15
which is given to the Council by the owner
of the animal because the owner is no longer
willing or able to care for that animal.
(2) On the Council taking possession of a dog or
cat under sub-section (1)--
20
(a) ownership in the dog or cat passes from
the owner to the Council; and
(b) the Council must deal with the dog or
cat in accordance with this Act, the
regulations and any relevant Code of
25
Practice made under section 59.".
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s. 15
1994
15. Insertion of section 41EA
Before section 41F of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"41EA. Prohibition on keeping a restricted breed
dog
5
A person must not keep a restricted breed
dog unless the person acquired the dog
before the commencement of section 15 of
the Primary Industries Acts (Further
Amendment) Act 2005.
10
Penalty: 10 penalty units.".
16. Repeal of Division heading
The heading to Division 3A of Part 4 of the
Domestic (Feral and Nuisance) Animals Act
1994 is repealed.
15
17. Substitution of section 58
For section 58 of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"58. Revocation or suspension of registration
of animal shelter or pound by Minister
20
(1) This section applies to premises--
(a) on which a Council is conducting an
animal shelter or pound; or
(b) from which any person or body
provides animal shelter or pound
25
services to a Council under an
agreement with that Council under
section 81.
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1994
(2) The Minister may at any time suspend or
revoke the registration of the premises if the
Minister is satisfied that--
(a) the Council or the person or body (as
the case may be) has failed to comply
5
with this Act, the regulations, any Code
of Practice made under section 59
applying to the business, or any terms,
conditions, limitations or restrictions on
the registration; or
10
(b) the Council or the person or body (as
the case may be) has been found guilty
of an offence under the Prevention of
Cruelty to Animals Act 1986.".
18. Insertion of heading to Division 3A of Part 4
15
Insert the following heading after section 58 of
the Domestic (Feral and Nuisance) Animals Act
1994--
"Division 3A--Registration of Business
Conducted by Council".
20
19. Substitution of section 63A
For section 63A of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"63A. Non-compliance with Code of Practice an
offence
25
(1) A person or body must not conduct a
domestic animal business that does not
comply with the relevant Code of Practice
made under section 59.
Penalty: 10 penalty units.
30
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1994
(2) A Council is deemed to have contravened
sub-section (1), and is separately liable for
the penalty that applies to such a
contravention, if--
(a) a person or body conducts all or part of
5
a domestic animal business on behalf of
the Council under an agreement under
section 81; and
(b) the person or body has contravened
sub-section (1) in the conduct of that
10
business; and
(c) the Council, or any member of its staff
who was responsible at the relevant
time for overseeing the agreement or
the conduct of the business, was aware,
15
or ought to have been aware, that the
contravention--
(i) was about to occur; or
(ii) in the case of an ongoing
contravention, was occurring.
20
(3) If a body, being a partnership or an
unincorporated body, contravenes sub-
section (1), each reference to the body in this
section is to be construed as a reference to
each member of the partnership, or of the
25
committee of management of the
unincorporated body (as the case may be).".
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1994
20. Insertion of Part 5A
After Part 5 of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"PART 5A--DOMESTIC ANIMAL
MANAGEMENT PLANS
5
68A. Councils to prepare domestic animal
management plans
(1) Every Council must, in consultation with the
Secretary, prepare at 3 year intervals a
domestic animal management plan.
10
(2) A domestic animal management plan
prepared by a Council must--
(a) set out a method for evaluating whether
the animal control services provided by
the Council in its municipal district are
15
adequate to give effect to the
requirements of this Act and the
regulations; and
(b) outline programs for the training of
authorised officers to ensure that they
20
can properly administer and enforce the
requirements of this Act in the
Council's municipal district; and
(c) outline programs, services and
strategies which the Council intends to
25
pursue in its municipal district--
(i) to promote and encourage the
responsible ownership of dogs and
cats; and
(ii) to ensure that people comply with
30
this Act, the regulations and any
related legislation; and
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(iii) to minimise the risk of attacks by
dogs on people and animals; and
(iv) to address any over-population
and high euthanasia rates for dogs
and cats; and
5
(v) to encourage the registration and
identification of dogs and cats;
and
(vi) to minimise the potential for dogs
and cats to create a nuisance; and
10
(vii) to effectively identify all
dangerous dogs, menacing dogs
and restricted breed dogs in that
district and to ensure that those
dogs are kept in compliance with
15
this Act and the regulations; and
(d) provide for the review of existing
orders made under this Act and local
laws that relate to the Council's
municipal district with a view to
20
determining whether further orders or
local laws dealing with the
management of dogs and cats in the
municipal district are desirable; and
(e) provide for the review of any other
25
matters related to the management of
dogs and cats in the Council's
municipal district that it thinks
necessary; and
(f) provide for the periodic evaluation of
30
any program, service, strategy or
review outlined under the plan.
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1994
(3) Every Council must--
(a) review its domestic animal
management plan annually and, if
appropriate, amend the plan; and
(b) provide the Secretary with a copy of the
5
plan and any amendments to the plan;
and
(c) publish an evaluation of its
implementation of the plan in its annual
report.".
10
21. Seizure of dogs and cats
(1) For sections 77(1)(a) and 77(1)(b) of the
Domestic (Feral and Nuisance) Animals Act
1994 substitute--
"(a) if the owner of the dog has not applied to
15
register the dog within 1 month after--
(i) being found guilty of an offence of not
having applied to register the dog; or
(ii) being served with an infringement
notice in respect of that offence which
20
has not been withdrawn in accordance
with section 87 and in respect of which
the owner has paid the penalty in
accordance with section 89; or
(b) if--
25
(i) the dog is a dangerous dog or a
restricted breed dog that may be
registered, or have its registration
renewed, under this Act, the Council
has made a decision to refuse to register
30
or renew the registration of the dog and
any review of that decision has failed or
the owner has not applied for a review
of that decision within the time fixed
under section 98(2A); or
35
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1994
(ii) the dog is a restricted breed dog that
cannot be registered under this Act; or".
(2) For section 77(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"(2) An authorised officer of a Council may seize
5
a cat which is in the municipal district of that
Council if the owner of the cat has not
applied to register the cat within one month
after--
(a) being found guilty of an offence of not
10
having applied to register the cat; or
(b) being served with an infringement
notice in respect of that offence which
has not been withdrawn in accordance
with section 87 and in respect of which
15
the owner has paid the penalty in
accordance with section 89.".
(3) After section 77(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"(2A) An authorised officer of a Council may seize
20
an unregistered dog or cat that is in the
municipal district of the Council if the
Council is unable, under this Act, to register
or renew the registration of the dog or the
cat.".
25
(4) For section 77(3A) of the Domestic (Feral and
Nuisance) Animals Act 1994 substitute--
"(3A) A cat may be seized by an authorised officer
or any other person if--
(a) it is found outside the owner's premises
30
without current identification that has
been issued by a Council; and
(b) it appears to be over 3 months old.".
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1994
(5) After section 79(2) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
"(3) A person may recover a dog or cat that has
been seized under section 77(2A) if, within
8 days after the seizure of the animal, he or
5
she--
(a) in the case of an animal that does not
comply with a requirement to be
desexed for the purposes of registration
or the renewal of registration, arranges
10
for the animal to be desexed while the
animal is in the possession of the
Council; and
(b) applies to register the animal; and
(c) pays the amount fixed by the Council
15
for the costs and expenses incurred by
the Council in seizing the animal and
holding the animal until its recovery;
and
(d) proves to the satisfaction of the Council
20
that he or she is the owner of the animal
or is an agent acting on behalf of that
owner.".
(6) After section 79(3)(a) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert--
25
"(aa) in the case of an animal that does not comply
with a requirement to be implanted with a
prescribed permanent identification device
for the purposes of registration or the
renewal of registration, arranges for the
30
animal to be so implanted while the animal is
in the possession of the Council; and".
Note: This sub-section comes into operation on a later date
than the date that all the other provisions in this
35 section come into operation.
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1994
(7) In section 80(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) after "77(2)," insert "77(2A),";
(b) in paragraph (a), for "section 79(1)"
substitute "section 79";
5
(c) in paragraph (b), for "may destroy it"
substitute "must destroy it as soon as
possible after the expiry of that 8 day
period";
(d) in paragraph (c), for "may sell or destroy it"
10
substitute "must sell or destroy it as soon as
possible after the expiry of that 8 day period
in accordance with any relevant Code of
Practice made under section 59".
22. New offences prescribed for infringement notices
15
(1) In section 85(1) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) after "section 10," insert "12A,";
(b) after "41E," insert "41EA,".
(2) In section 85(1A) of the Domestic (Feral and
20
Nuisance) Animals Act 1994--
(a) after "section 10," insert "12A,";
(b) after "41E" insert ", 41EA".
23. New penalty for giving false information
For the penalty at the foot of section 97 of the
25
Domestic (Feral and Nuisance) Animals Act
1994 substitute--
"Penalty: 10 penalty units, in the case of
information relating to a declaration
under section 10(3);
30
5 penalty units, in any other case.".
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1994
24. Regulations
In section 100(2A) of the Domestic (Feral and
Nuisance) Animals Act 1994--
(a) in paragraph (b), for "then." substitute
"then; or";
5
(b) after paragraph (b) insert--
"(c) as amended from time to time.".
25. Amendments to Schedule
In the Schedule to the Domestic (Feral and
Nuisance) Animals Act 1994--
10
(a) for "DOGS" substitute--
"Section 15(4)
REGISTRATION FEES
PART 1--DOGS";
(b) in Column 1, after "dogs" insert "(other than
15
dangerous dogs, menacing dogs or restricted
breed dogs)";
(c) before "CATS" insert "PART 2--".
__________________
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s. 26
See: PART 3--AMENDMENTS TO THE PREVENTION OF
Act No.
CRUELTY TO ANIMALS ACT 1986
46/1986.
Reprint No. 6
as at
26. Definition
5 August 2004
and
In section 3(1) of the Prevention of Cruelty to
amending
Animals Act 1986 insert the following
5 Act Nos
69/2004 ,
definition--
108/2004 and
50/2005
' "person in charge of" in relation to an animal
LawToday:
or thing, includes--
www.dms.
dpc.vic.
gov.au (a) a person who has the animal or thing in
the person's possession or custody, or
10
under the person's care, control or
supervision; and
(b) any employee or agent of the owner of
the animal or thing if a person referred
to in paragraph (a) is bound to comply
15
with the directions of that employee or
agent in respect of the animal or thing;'.
27. Amendments to cruelty offences
In section 9(1) of the Prevention of Cruelty to
Animals Act 1986--
20
(a) for paragraph (b) substitute--
"(b) loads, crowds or confines an animal
where the loading, crowding or
confinement of the animal causes, or is
likely to cause, unreasonable pain or
25
suffering to the animal; or";
(b) for paragraph (c) substitute--
"(c) does or omits to do an act with the
result that unreasonable pain or
suffering is caused, or is likely to be
30
caused, to an animal; or";
24
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(c) for paragraph (e) substitute--
"(e) works, rides, drives or uses an animal
when it is unfit for the purpose with the
result that unreasonable pain or
suffering is caused to an animal; or";
5
(d) for paragraph (f) substitute--
"(f) is the owner or the person in charge of
an animal which is confined or
otherwise unable to provide for itself
and fails to provide the animal with
10
proper and sufficient food, drink or
shelter; or";
(e) for paragraph (i) substitute--
"(i) is the owner or the person in charge of
a sick or injured animal and
15
unreasonably fails to provide veterinary
or other appropriate attention or
treatment for the animal; or".
28. Serious offences
In section 12(2)(a)(i) of the Prevention of
20
Cruelty to Animals Act 1986, for "a person on
behalf of the owner" substitute "the person in
charge".
29. Permits to operate rodeos or rodeo schools
(1) For section 16(2) of the Prevention of Cruelty to
25
Animals Act 1986 substitute--
"(2) A permit issued by the Department Head--
(a) must be in the prescribed form for that
type of permit; and
(b) is subject to the prescribed conditions
30
for that type of permit; and
(c) is subject to any conditions imposed by
the Department Head in the permit; and
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s. 29
(d) in the case of a permit to operate a
rodeo school, remains in force for a
period specified in the permit of not
more than 12 months.".
(2) In section 16(3) of the Prevention of Cruelty to
5
Animals Act 1986--
(a) after paragraph (aa) insert--
"(ab) the application is not lodged at least
28 days before the day that the rodeo or
rodeo school to which the permit relates
10
is to be held; or";
(b) for paragraph (b) substitute--
"(b) the applicant has been convicted of--
(i) an offence against section 9 or 10;
or
15
(ii) any other offence under this Act
or the regulations in connection
with the operation of a rodeo or a
rodeo school; or";
(c) in paragraph (c), after "permit" insert
20
"or any condition imposed by the
Department Head".
(3) After section 16(3) of the Prevention of Cruelty
to Animals Act 1986 insert--
"(3A) The Department Head may impose any
25
condition in the permit.".
(4) In section 16(5) of the Prevention of Cruelty to
Animals Act 1986, for "prescribed conditions for
that type of permit" substitute "conditions
applying to the permit".
30
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30. References to owner or person in charge
In sections 21(1)(bb)(ii), 21(2A) and 21(2B) of
the Prevention of Cruelty to Animals Act 1986,
for "who has possession or custody" substitute
"in charge".
5
31. Taking of samples of animals and things
(1) For section 21(2D) of the Prevention of Cruelty
to Animals Act 1986 substitute--
"(2D) If an inspector proposes to take a sample
from an animal or a thing, the inspector
10
must--
(a) advise the owner or person in charge of
the animal or thing, if possible before
taking the sample--
(i) that the sample is to be taken for
15
the purpose of examination or
analysis; and
(ii) that the owner or person in charge
of the animal or thing, subject to
sub-section (2E), has a right to be
20
given a part of the sample in
accordance with paragraph (b) if
the owner or person so requests;
and
(b) if the sample is taken for the purpose of
25
analysis and the owner or person in
charge of the animal or thing requests
to be given a part of the sample, divide
the sample into 3 parts and give one
part to the owner or person in charge,
30
one part to the analyst and keep
one part untouched for future
comparison.
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s. 32
(2E) Despite sub-section (2D)(b), a sample taken
from an animal for analysis must not be
divided up into parts if the inspector has
been advised by a veterinary practitioner or a
pathologist that division of the sample is not
5
practicable or will adversely affect the
analysis.".
(2) In section 21(3) of the Prevention of Cruelty to
Animals Act 1986--
(a) in the definition of "ruminant", for "cud."
10
substitute "cud;";
(b) insert the following definition--
' "sample", in relation to a dead animal, may
include the whole of the carcass of the
animal.'.
15
32. Additional search warrant power
In section 21A(3) of the Prevention of Cruelty to
Animals Act 1986--
(a) in paragraph (e), for "premises." substitute
"premises; and";
20
(b) after paragraph (e) insert--
"(f) to take photographs (including video
recordings) or make sketches of any
such animal or other thing on the
premises; and
25
(g) in the case of an abandoned animal, to
search for and to seize any such animal
specified in the warrant and to take that
animal to any place that the inspector
thinks appropriate; and
30
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(h) to retain possession of that animal--
(i) until the animal is recovered by its
owner or the person in charge of
the animal; or
(ii) if the animal is not recovered
5
before any relevant time limit
specified in section 21CA(2)
expires, until the animal is sold,
destroyed or given away in
accordance with section 21CA.".
10
33. Insertion of sections 21CA and 21CB
After section 21C of the Prevention of Cruelty to
Animals Act 1986 insert--
'21CA. Disposal of seized abandoned animal
(1) An inspector who has seized an animal under
15
section 21A(3)(g) may, if the circumstances
in sub-section (2) apply--
(a) sell or destroy the animal, or cause it to
be sold or destroyed, in accordance
with section 21CB; or
20
(b) give the animal to a domestic animal
business operating from a premises
which is registered for the purposes of
that business under the Domestic
(Feral and Nuisance) Animals Act
25
1994.
(2) For the purposes of sub-section (1), the
circumstances are--
(a) if the identity of the owner or the
person in charge of the animal is
30
known, the owner or person--
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s. 33
(i) has been served personally with a
notice in writing that states that
the animal may be recovered
within 7 days after service of the
notice; and
5
(ii) has not recovered the animal
within 7 days after the notice was
served; or
(b) if that identity is not known--
(i) reasonable steps to identify the
10
owner or person in charge of the
animal have been taken and the
owner or that person has not been
located within 7 days after the
animal was seized; and
15
(ii) a notice in the form set out in
paragraph (a) has been served in
writing by leaving the notice or
sending the notice by post to the
premises from which the animal
20
was seized; and
(iii) no person entitled to possession of
the animal has recovered the
animal within 7 days after the
notice was served.
25
(3) Ownership in any animal given to a domestic
animal business under sub-section (1)(b)
passes to that business when the business
takes possession of the animal.
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s. 34
21CB. Certain sale and destruction provisions to
apply to animals seized under section 21A
Sections 24B, 24C and 24D apply in relation
to an animal seized under section 21A--
(a) as if a reference in those sections to an
5
animal seized in accordance with an
authority given under section 24A or to
an animal seized under section 24A
were a reference to an animal seized
under a search warrant issued under
10
section 21A; and
(b) as if a reference in those sections to a
"specialist inspector" were a reference
to an "inspector".'.
34. Substitution of section 24A
15
For section 24A of the Prevention of Cruelty to
Animals Act 1986 substitute--
"24A. Minister may authorise seizure of animals
(1) If the Minister believes on reasonable
grounds that an animal or animals are in such
20
a condition, or, in such circumstances, that
the animal or animals are likely to become
distressed or disabled, the Minister may--
(a) serve a notice in writing by giving it
personally to the owner of the animal or
25
animals; or
(b) if the identity of the owner cannot be
readily established or the owner cannot
be readily contacted, serve a notice in
writing by giving it personally to the
30
person in charge of the animal or
animals; or
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s. 34
(c) serve a notice in writing by leaving a
notice or sending a notice by post to the
last known residential or business
address of the owner or the person in
charge of the animal or animals.
5
(1A) A notice served under sub-section (1) must
state that, unless the Minister is satisfied that
action has been or is being taken to remove
the likelihood of the animal or animals
becoming distressed or disabled, the Minister
10
intends, not less than 7 days after the serving
of the notice, to authorise a specialist
inspector to seize and dispose of the animal
or animals in accordance with this Division.
(2) If, at the expiration of 7 days from the
15
serving of the notice referred to in sub-
section (1), the Minister is not satisfied that
action has been, or is being, taken to remove
the likelihood of the animal or animals
becoming distressed or disabled, the Minister
20
may authorise a specialist inspector named in
the authority to seize the animal or animals
and--
(a) to sell the animal or animals or to cause
them to be sold; or
25
(b) to destroy the animal or animals or to
cause them to be destroyed at a place
specified in the authority.".
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s. 35
35. Substitution of section 24H
For section 24H of the Prevention of Cruelty to
Animals Act 1986 substitute--
"24H. Retention, return and disposal of seized
animal
5
(1) If an inspector seizes an animal under a
warrant under section 24E, the inspector
must take reasonable steps to return the
animal to the owner or the person in charge
of the animal within the time specified in the
10
warrant, or if that time is extended under
section 24I, the time as extended.
(2) If the identity of the owner or the person in
charge of the animal cannot be readily
established, or the owner or person cannot be
15
readily contacted, the inspector may--
(a) sell or destroy the animal, or cause it to
be sold or destroyed, in accordance
with section 24IA; or
(b) give the animal to a domestic animal
20
business operating from a premises
which is registered for the purposes of
that business under the Domestic
(Feral and Nuisance) Animals Act
1994.
25
(3) Ownership in any animal given to a domestic
animal business under sub-section (2)(b)
passes to that business when the business
takes possession of the animal.".
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s. 36
36. Insertion of new section 24IA
After section 24I of the Prevention of Cruelty to
Animals Act 1986 insert--
'24IA. Certain sale and destruction provisions to
apply to animals seized under section 24E
5
Sections 24B, 24C and 24D apply in relation
to an animal seized under a warrant under
section 24E--
(a) as if a reference in those sections to an
animal seized in accordance with an
10
authority given under section 24A or to
an animal seized under section 24A
were a reference to an animal seized
under a warrant issued under
section 24E; and
15
(b) as if a reference in those sections to a
"specialist inspector" were a reference
to an "inspector".'.
37. Notice to comply
In section 24J(1)(b) of the Prevention of Cruelty
20
to Animals Act 1986, for "who has possession or
custody" substitute "in charge".
34
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
35
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