DOMESTIC ANIMALS ACT 1994

Victorian Consolidated Legislation

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DOMESTIC ANIMALS ACT 1994

No. 81 of 1994
Version incorporating amendments as at 1 September 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Parent or guardian deemed to be owner
5. Governor in Council exemptions
5A. Applicable organisations and recognised organisations
6. Minister's power to delegate
7. Exemptions for guide dogs
8. Exemptions for dogs used by government authorities
9. Act binds the Crown

PART 2-REGISTRATION OF DOGS AND CATS

Division 1-Registration requirements

10. Requirement to apply for registration
10A. Council may refuse to register dogs and cats unless desexed
10B. Dogs and cats that are exempt from desexing
10C. Refusal of registration of dogs and cats unless permanently identified
10D. Dogs and cats that are exempt from permanent identification
11. Period of registration
12. Agents for registration
12A. Dogs and cats must be permanently identified before sale or being given away
13. Notification of sale by domestic animal business

Division 2-Procedures for registration

14. Application for registration or renewal of registration
15. Registration fees

Division 3-Powers and duties of Councils with respect to registration

16. Registration of dogs and cats other than dangerous or restricted breed dogs
17. Registration of dangerous and restricted breed dogs
18. Council to keep and allow inspection of register

Division 4-Identification of registered animals

19. Registration numbers, certificates and identification markers
20. Registered dog or cat to have identification marker outside premises
21. Unregistered dog or cat must not have identification marker
22. Offence to remove or damage identification marker

PART 3-CONTROL OF DOGS AND CATS

Division 1-Stray dogs and cats

23. Dogs and cats on private property without permission
24. Dogs found at large
25. Cats found at large
26. Dogs and cats found in places specified by the Council

Division 2-Particular provisions for the control of dogs and cats

27. Restraint of greyhounds
28. Offence to set on dog to attack
28A. Offence to train dogs to attack
29. Offences and liability relating to dog attacks
30. Owner of livestock able to destroy dog or cat found at large
near livestock
31. Authorised officer able to destroy dog or cat found at large in certain areas
32. Dogs or cats creating a nuisance
33. Dogs and cats not to be abandoned
33A. Council animal shelters and pounds must accept surrendered animals

Division 3-Particular provisions for the control of dangerous dogs

34. Council may declare a dog to be dangerous
34A. Dangerous dogs
35. Procedure for making declaration
36. Council must give notice of a declaration to owner
37. Notification of Council
38. Restraint of dangerous dogs when on owner's premises
39. Warning signs
40. Identification of dangerous dogs
41. Restraint of dangerous dogs off the owner's premises

Division 3A-Particular provisions for the control of menacing
dogs

41A. Declaration that a dog is a menacing dog
41B. Procedure for declaring a menacing dog
41C. Council must give notice of a menacing dog declaration to
owner
41D. Notification of Council in relation to menacing dog
41E. Restraint of menacing dogs

Division 3B-Particular provisions for the control of restricted
breed dogs

41EA. Prohibition on keeping a restricted breed dog
41F. Notifications
41G. Restraint of restricted breed dogs when on owner's premises
41H. Warning signs for restricted breed dogs
41I. Restraint of restricted breed dogs off the owner's premises
41J. Limitation on ownership of restricted breed dogs
41K. Prohibition on transfer of ownership of restricted breed dogs
to minors
41L. Prohibition on minor having control of dog outside owner's premises

Division 4-Powers and duties of Councils with respect to the
control of dogs and cats

42. Power of Councils to make local laws
43. Power of authorised officer to destroy animals at large in specified areas
44. Power of Councils to require restraint of animals

PART 3A-REGISTER OF DANGEROUS, MENACING AND RESTRICTED BREED DOGS

44AA. Definition of inspect
44AB. Secretary must keep register of dangerous, menacing and restricted breed dogs
44AC. Persons who may inspect the register
44AD. Offence to inspect etc. information in register
44AE. Councils to provide details of dangerous, menacing or restricted breed dogs to Secretary
44AF. Details of dangerous, menacing or restricted breed dogs to
be provided by Councils
44AG. Council to provide information about owners of dangerous, menacing or restricted breed dogs
44AH. Secretary may request confirmation of information provided by Councils
44AI. Secretary may contract out management of the register

PART 4-REGISTRATION AND CONDUCT OF DOMESTIC ANIMAL BUSINESSES

Division 1-Registration

44A. Application of Division
45. Offence to conduct domestic animal business on unregistered premises
46. Application for registration
47. Registration of premises
48. Term and renewal of registration
49. Fees for registration and renewal of registration
50. Animal shelter or pound conducted by Council

Division 2-Surrender or transfer of registration

50A. Application of Division
51. Surrender of registration
52. Transfer of registration
53. Repealed

Division 3-Refusal to register or suspension or revocation of registration

54. Powers of Council
55. Council to give notice
56. Council to hear proprietor or applicant
57. Notice of Council's decision
57A. Court may cancel or revoke registration
58. Revocation or suspension of registration of animal shelter or pound by Minister

Division 3A-Registration of business conducted by Council

58A. Offence to conduct domestic animal business on unregistered premises
58B. Application for registration
58C. Registration of premises
58D. Term and renewal of registration
58E. Fees for registration and renewal of registration
58F. Surrender of registration
58G. Transfer of registration
58H. Powers of Minister
58I. Minister to give notice
58J. Minister to hear proprietor or applicant
58K. Notice of Minister's decision

Division 4-Codes of Practice

59. Making of Codes of Practice
60. Advertisement of making
61. Consideration of submissions
62. Notice of making
63. Publication, operation and availability of Code
63A. Non-compliance with Code of Practice an offence

PART 4A-REGULATION OF THE PERMANENT IDENTIFICATION OF PRESCRIBED CLASSES OF ANIMAL

Division 1-General

63B. Definition

Division 2-Offences

63C. Offence to offer or provide animal registry service without a licence
63D. Offence to sell etc. device that is not prescribed device
63E. Offences relating to keeping of records
63F. Offences relating to the implantation of permanent
identification devices
63G. Offence not to give information to licence holder on
implantation
63H. Offence to provide identifying information in certain circumstances
63I. Offence not to provide certain information relating to identification devices to holders of animal registry licences
63J. Requirement to scan animals for permanent identification
devices

Division 3-Animal registry licences

63K. Grant of animal registry licence
63L. Application for an animal registry licence
63M. Duration of licences
63N. Conditions on licences
63O. Renewal of licences
63P. Notice of proposal to cancel an animal registry licence
63Q. Making of submissions on proposal to cancel
63R. Cancellation of an animal registry licence
63S. Requirements to surrender records

Division 4-Regulation of implanters

63T. Qualifications for implanters
63U. Notice of proposal to impose prohibition on implanting
63V. Making of submissions on the proposal
63W. Power of the Secretary to prohibit a person from implanting devices
63X. Removal of prohibition before expiry

Division 5-Transitional matters

63Y. Devices implanted before 20 May 2003.
63Z. Requirements to keep and maintain records held before commencement of Part

PART 5-BOARDING OF DOGS AND CATS

64. Responsibility for boarded dogs or cats
65. Liens over animals
66. Can lien holder dispose of animal?
67. Sale of unclaimed animals by lien holders
68. Passing of property upon sale of animal

PART 5A-DOMESTIC ANIMAL MANAGEMENT PLANS

68A. Councils to prepare domestic animal management plans

PART 6-FINANCIAL PROVISIONS

69. Payments to the Treasurer
70. Due date for payments to the Treasurer

PART 7-AUTHORISED OFFICERS

71. Appointment of authorised officers
71A. Appointment of persons who are not employees of the Department as authorised officers
72. Appointment of authorised officers by Council
72A. Appointment of persons who are not Council employees as authorised officers
73. Identity cards for authorised officers
73A. Offence to impersonate authorised officer
74. Powers of authorised officers
74A. Powers of authorised officers contracted by Councils
75. Seizure of documents
75A. Seizure of records of information recorded in permanent identification devices
75B. Disposal of records seized under section 75A.
75C. Application of proceeds of sale
76. Offence to refuse to give information or documents
76A. Notice to comply

PART 7A-POWERS TO SEIZE AND DISPOSE OF DOGS OR CATS

Division 1-Definition

77AA. Repealed
77. Definition
77A-77C Repealed

Division 2-Seizure of dogs or cats

78. Seizure of dangerous dogs
79. Seizure of restricted breed dogs
80. Seizure of dogs believed to be restricted breed dogs
81. Seizure of dog urged or trained to attack or having attacked
82. Seizure of unregistered dog or cat
83. Seizure of dog or cat that does not comply with the registration requirements under Act
84. Seizure of dog or cat in certain circumstances
84A. Seizure of cat without current identification
84B. Seizure of dog or cat after court order under section 84W.
84C. Seizure of abandoned dog or cat
84D. Seized dog or cat must be delivered up

Division 3-Search warrants

84E. Search warrants for dogs or cats
84F. Announcement before entry
84G. Details of warrant to be given to occupier

Division 4-Steps to be taken after seizure of dog or cat

84H. Identified owners must be served with notice of seizure
84I. Notice of seizure
84J. Custody of seized dogs or cats
84K. Owners of dogs believed to be restricted breed dogs must be served with declaration
84L. Custody of seized dogs believed to be restricted breed dogs

Division 5-Recovery of seized dog or cat

84M. Recovery of dog or cat
84N. Recovery of dog believed to be a restricted breed dog

Division 6-Disposal of seized dogs or cats

84O. Power to sell or destroy dogs or cats seized under this Part
84P. Further power to destroy dogs
84Q. Prosecution of identified persons suspected of committing offences
84R. Council may require owner of animal to provide current
address
84S. Council may destroy animals of non-identified dog owners suspected of committing an offence
84T. Council must destroy dog believed to be a restricted breed
dog if owner unknown
84U. Seized animal must be desexed before sold
84V. Method of disposal of dogs or cats

Division 7-Court powers

84W. Power of Court to make orders in relation to dogs and cats
found outside owners' premises
84X. Power of Court to order payment of costs and disposal of
dogs or cats

Division 8-General

84Y. Agreements to seize, retain or dispose of dogs or cats
84Z. Offences relating to seized cats or dogs
84ZA. Offence to unlawfully seize or destroy a dog or cat

PART 7B-INFRINGEMENT NOTICES

85. Power to serve infringement notice
86, 87. Repealed
88. Penalties to be paid for offences under infringement notices

PART 7C-PROVISIONS RELATING TO ENFORCEMENT
AND COURT PROCEEDINGS

89, 90. Repealed

Division 1-Provisions related to court proceedings

91. Liability of officers of bodies corporate for offences
92. Power to file charges under this Act
93. Service of documents
94. Evidentiary provisions
95. Payment of fines
95A-95D Repealed

Division 2-Supplementary offences

96. Offence to sell certain animals outside certain places
97. False information

PART 7D-REVIEW OF DECISIONS BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

98. Review of decisions by Victorian Civil and Administrative Tribunal
98AA. Review of decisions made under Part 4A.

PART 7E-IDENTIFICATION OF RESTRICTED BREED
DOGS

98A. Power of authorised officers to make declarations as to breed
of dogs
98B. Service of notice of declaration
98C. Application of certain offences at the time of the making of a declaration
98D. Right to apply for review of decision to make declaration
98E. Review panel
98F. Procedure and decisions of review panels
98G. Terms and conditions of appointment of members of the pool
and of panels

PART 8-LIMITATION OF JURISDICTION AND REGULATIONS

99. Supreme Court-Limitation of Jurisdiction
100. Regulations

PART 9-REPEALS AND TRANSITIONAL PROVISIONS

101. Repeal of Dog Act
102. Transitional provisions-Animals Legislation Amendment (Animal Care) Act 2007.
103. Transitional provisions-Animals Legislation Amendment (Animal Care) Act 2007.
104. Transitional provision-Primary Industries Legislation Amendment Act 2009.
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SCHEDULE-Registration Fees

PART 1-DOGS

PART 2-CATS
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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