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DOMESTIC ANIMALS ACT 1994

Table of Provisions

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  
  • 5B Approval of dog obedience training organisations  
  • 5C Renewal of approval  
  • 5D Condition of approval that report submitted each year of approval  
  • 5E Revocation of approval  
  • 5F Notice of and submissions on proposal to revoke or not renew approval  
  • 6 Minister's power to delegate  
  • 6A Secretary'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  
  • 12B Offence as to advertising dogs or cats for sale  
  • 12C Offence as to publication of advertisements for dogs or cats for sale  
  • 12D Interpretation of sell  
  • 13 Notification of sale by domestic animal business or foster carer  

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

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  
  • 26A Dogs and cats found in places specified by the Great Ocean Road Coast and Parks Authority  

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

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

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

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

PART 4--REGULATION OF DOMESTIC ANIMAL BUSINESSES AND RELATED MATTERS

Division 1--Registration

Division 2--Surrender or transfer of registration

  • 50A Application of Division  
  • 51 Surrender of registration  
  • 52 Transfer of registration  

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

Division 3AA--Commercial dog breeder approval

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 3B--Animal sale permits

Division 3C--Bird sales held by declared bird organisations

Division 4--Business codes of practice

Division 5--Offences

PART 4AA--KEEPING OF GRV GREYHOUNDS

PART 4A--REGULATION OF THE PERMANENTIDENTIFICATION OF PRESCRIBED CLASSES OF ANIMAL

Division 1--General

  • 63B Definition  

Division 2--Offences

Division 3--Animal registry licences

Division 4--Regulation of implanters

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 5B--FOSTER CARER REGISTRATION

PART 5C--INFORMATION REGISTER AND SOURCE NUMBERS

Division 1--Definition

  • 68L Definition  

Division 2--Information register

Division 3--Source numbers

PART 6--FINANCIAL PROVISIONS

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

PART 7--GENERAL ENFORCEMENT

Division 1--Appointment of authorised officers

Division 2--General enforcement powers of authorised officers

Division 3--Enforcement powers--domestic animal businesses and the keeping of GRV greyhounds

Division 4--Miscellaneous enforcement powers

Division 5--Enforcement powers--breeding restricted breed dogs

  • 76B Requirement to make documents available for inspection  
  • 76C Approval of Secretary for search warrant  
  • 76D Search warrant for document connected with section 41EB offence  

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

Division 2--Seizure of dogs or cats

Division 3--Search warrants

  • 84E Search warrants for dogs or cats  
  • 84EA Search warrant if restricted breed dog breeding offence suspected of being committed  
  • 84EB Search warrants under this Part  
  • 84F Announcement before entry  
  • 84G Details of warrant to be given to occupier  
  • 84GA Seizure of documents or things  

Division 4--Steps to be taken afterseizure of dog or cat

Division 5--Recovery of seized dog or cat

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  
  • 84TA Destruction of dog that is a danger to the public  
  • 84TB Immediate destruction of dog that may cause serious injury or death  
  • 84TC Destruction of declared dangerous dog found at large  
  • 84TD Disposal of forfeited dog or cat  
  • 84U Seized animal must be desexed before sold  
  • 84V Method of disposal of dogs or cats  
  • 84VA Recovery of costs for forfeited dogs or cats  

Division 7--Court powers

  • 84W Power of Court to make orders in relation to dogs and cats found outside owners' premises  
  • 84WA Power of Court to make orders prohibiting ownership of dogs or cats  
  • 84WAB Offence not to comply with order under section 84WA  
  • 84WC Order for bond or costs  
  • 84WD Order for disposal if bond or costs not paid  
  • 84WE Order for disposal if owner found guilty  
  • 84WF Order for disposal in certain circumstances  
  • 84WG Order for return of dog or cat  
  • 84X Power of Court to order payment of costs and disposal of dogs or cats  

Division 7A--Disqualification of person from owning or being in charge or control of a dog

  • 84XA Court may disqualify person from owning or being in charge or control of a dog  
  • 84XB Search warrant for failure to comply with court order  
  • 84XC Order under section 84XA may be suspended  
  • 84XD Person subject to order under section 84XA may apply for variation, suspension or revocation of order  
  • 84XE Power of Magistrates' Court to vary etc. order under section 84XA  
  • 84XF Person may not make another application for variation, suspension or revocation of order for 12 months  
  • 84XG Orders under section 84XA are to operate consecutively  
  • 84XH Person must comply with order under section 84XA  

Division 8--General

  • 84Y Agreements to seize, receive, 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  
  • 88 Penalties to be paid for offences under infringement notices  

PART 7C--PROVISIONS RELATING TO ENFORCEMENT AND COURT PROCEEDINGS

Division 1--Provisions related to court proceedings

  • 91 Liability of officers of bodies corporate for offences  
  • 92 Power to file charge-sheets under this Act  
  • 93 Service of documents  
  • 94 Evidentiary provisions  
  • 95 Payment of fines  
  • 95A Extended period to prosecute offence  

Division 2--Supplementary offences

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

PART 7D--REVIEW OF DECISIONS BYVICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

  • 98 Review of decisions by Victorian Civil and Administrative Tribunal  
  • 98AAA Order for costs of retaining restricted breed dog in custody  
  • 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  

PART 7F--ANIMAL WELFARE FUND

PART 8--GENERAL

  • 99 Supreme Court—Limitation of Jurisdiction  
  • 100 Regulations  
  • 100A Council must give information to Secretary  
  • 100B Offence to disclose information  
  • 100C Permitted disclosures  
  • 100D Disclosure of information by Councils  

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  
  • 105 Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010  
  • 105A Transitional provision—Domestic Animals Amendment (Puppy Farms and Pet Shops)  
  • 106 Transitional provision—Primary Industries Legislation Amendment Act 2012  
  • 107 Transitional provision—Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022  

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