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
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
- 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
- 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
- 37A Offence not to advise person acquiring a dangerous dog that it is dangerous dog
- 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
- 41EB Prohibition against breeding from a restricted breed dog
- 41F Notifications
- 41G Restraint of restricted breed dogs when on owner's premises
- 41H Warning signs for restricted breed dogs
- 41HA Identification of 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
- 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
- 44AEA Councils to provide details of dogs destroyed in certain circumstances 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--REGULATION OF DOMESTIC ANIMAL BUSINESSES AND RELATED MATTERS
Division 1--Registration
- 44A Application of Division
- 44B Ten fertile female dog limit for breeding domestic animal business
- 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
Division 3--Refusal to register or suspension or revocation of registration
- 54 Powers of Council
- 54A Registration where another domestic animal business on rateable property
- 54B Registration of breeding domestic animal business premises—10 relevant fertile female dog limit
- 54C Transfer of registration of breeding domestic animal business premises—10 relevant fertile female dog limit
- 54D Renewal of registration of breeding domestic animal business premises—10 relevant fertile female dog limit
- 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 3AA--Commercial dog breeder approval
- 58AA Approval of commercial dog breeders
- 58AB Considerations in deciding to grant or renew approval
- 58AC Application to Minister for commercial dog breeder approval
- 58AD Chief veterinary officer may ask for report and monitoring
- 58AE Chief veterinary officer may make recommendation
- 58AF Conditions of commercial dog breeder approval
- 58AG Period of approval
- 58AH Transfer of premises
- 58AI Automatic cancellation or suspension of approval
- 58AJ Revocation of approval by Minister
- 58AK Notice of and submissions on proposal to revoke a commercial dog breeder approval
- 58AL Council to be notified of matters relating to a 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
- 58L Definitions
- 58M Application for animal sale permit
- 58N Issue of animal sale permit
- 58O Conditions on animal sale permit
- 58P Minister must notify Council of issue of permit before the sale
- 58Q Authorised officer may close down sale
- 58R Holder of permit must submit report
- 58S Offences relating to non-compliance with animal sale permit
Division 3C--Bird sales held by declared bird organisations
- 58T Minister may declare an organisation to be a declared bird organisation
- 58U Notice to Secretary of caged bird sales
Division 4--Business codes of practice
- 59 Making of business codes of practice
- 63 Publication, operation and availability of business code of practice
- 63A Non-compliance with business code of practice an offence
Division 5--Offences
- 63AAA Definition
- 63AAB Offences as to sale or giving away of animals by pet shops
- 63AAC Offences as to sale or giving away or provision of animals to pet shops
- 63AAD Offences where dog or cat is in foster care and that is not of a certain age
- 63AAE Offence to sell a dog or cat to an animal shelter or pound
- 63AB Record keeping offences for pet shop proprietors
PART 4AA--KEEPING OF GRV GREYHOUNDS
- 63AC Making of greyhound codes of practice
- 63AD Operation and availability of greyhound code of practice
- 63AE Non-compliance with greyhound code of practice an offence
PART 4A--REGULATION OF THE PERMANENTIDENTIFICATION 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 5B--FOSTER CARER REGISTRATION
- 68B Grant of foster carer registration
- 68C Application for foster carer registration
- 68D Renewal of foster carer registration
- 68E Matters to be considered in granting or renewing foster carer registration
- 68F Duration of foster carer registration
- 68G Form of application for registration or renewal of registration
- 68H Foster carer registration fees
- 68I Conditions on foster carer registration
- 68J Suspension or cancellation of registration
- 68K Notice of and submissions on proposal to suspend, cancel or not renew foster carer registration
PART 5C--INFORMATION REGISTER AND SOURCE NUMBERS
Division 1--Definition
- 68L Definition
Division 2--Information register
- 68M Secretary to keep information register
- 68N Information as to domestic animal businesses to be given to Secretary
- 68O Information as to registered foster carers to be given to Secretary
- 68P Information to be given to Secretary for source number applications
- 68Q Information to be given under section 68N, 68O or 68P
- 68R Secretary to be given information as to refusal etc. of registration
- 68S Applicable organisation to give information as to cessation of membership of recreational breeder to Secretary
- 68T Other information to be included on the information register
- 68U Persons who may inspect the information register
- 68V Inspections by police officers and public sector bodies
- 68W Offences as to information register
Division 3--Source numbers
- 68X Secretary may issue source numbers
- 68Y Issue of source numbers to domestic animal businesses
- 68Z Issue of source numbers to registered foster carers
- 68ZA Issue of source numbers to recreational breeders
- 68ZB Issue of source numbers to other persons or bodies
- 68ZC Period for which source numbers remains in force
- 68ZD Application for source numbers or renewal of source numbers
- 68ZE Secretary's decision on application to issue or renew
- 68ZF Grounds for refusal to issue or suspension or revocation
- 68ZG Notice of cessation of source number
PART 6--FINANCIAL PROVISIONS
PART 7--GENERAL ENFORCEMENT
Division 1--Appointment of authorised officers
- 71 Appointment of Departmental authorised officers
- 71A Appointment of restricted authorised officers
- 72 Appointment of Council authorised officers
- 72A Appointment of Council contracted authorised officers
- 72B Appointment of Great Ocean Road Coast and Parks Authority authorised officers
- 73 Identity cards for authorised officers
- 73A Offence to impersonate authorised officer
Division 2--General enforcement powers of authorised officers
- 74 Entry, search and other powers of authorised officers for some purposes
- 74AA Production of documents and records
- 74A Council contracted authorised officers may request name and address, ask questions
Division 3--Enforcement powers--domestic animal businesses and the keeping of GRV greyhounds
- 74AB Definition
- 74AC Entry and search powers to monitor compliance of domestic animal businesses and keeping of GRV greyhounds
- 74AD Application for search warrant under section 74AE
- 74AE Search warrant
- 74AF Seizure and samples of things not mentioned in the warrant
- 74AG Requirements for search warrants
- 74AH Application of Magistrates' Court Act 1989
- 74AI Announcement before entry
- 74AJ Details of warrant to be given to occupier
Division 4--Miscellaneous enforcement powers
- 74B Taking samples from dogs
- 74C Procedures for taking samples
- 75 Seizure of documents
- 75AA Copies of certain seized things to be given
- 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 Offences relating to authorised officers
- 76A Notice to comply
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
- 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
- 82A Seizure of dog or cat from unregistered breeding domestic animal businesses
- 82B Seizure of dog or cat for certain offences
- 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 outside premises
- 84C Seizure of abandoned dog or cat
- 84CA Seizure of dog involved in suspected breeding offence
- 84D Seized dog or cat must be delivered up
- 84DA Person or body receiving dog or cat must take steps to identify owner
- 84DB Circumstances in which a dog or cat must be relinquished to a Council authorised officer
- 84DC Veterinary practitioners who receive a dog or cat may recover certain costs from the owner
- 84DD Veterinary practitioners and animal shelters must record and report on reunification of pets with owners
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
- 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
- 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
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
- 98D Animal Welfare Fund
- 98E Payments into the Fund
- 98F Investment of money in the Fund
- 98G Payment of money out of the 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