Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A dog may be
registered by the local government of the district in which —
(a) the
dog is ordinarily kept; or
(b) the
dog is deemed to be ordinarily kept pursuant to section 9 or
section 10(2),
if the owner of the
dog or some person on his behalf delivers an application in the prescribed
form, signed by or on behalf of the owner and accompanied by the prescribed
fee, to the office of the local government or some other place within the
district appointed by the local government for the purpose.
(1a) The form of
application prescribed for the purposes of subsection (1) shall require
the applicant —
(a) to
state in the application the premises at which the dog will ordinarily be
kept; and
(b) to
certify that the means exist on the premises for effectively confining the dog
within the premises.
(1b) Where a dog is
ordinarily kept by a person under the age of 18 years, application for
registration of that dog shall be made by his parent or guardian or some other
person who is over the age of 18 years and any registration shall be in
the name of the applicant.
(2) The registration
officer on receipt of an application duly made under subsection (1)
shall —
(a)
effect the registration in accordance with this Act; or
(b)
where the local government so directs, refuse the application and refund the
fee,
and in either event
shall as soon as is practicable thereafter enter the prescribed particulars in
the record maintained by the local government pursuant to section 14.
(3) The local
government may direct the registration officer to refuse to effect or renew
the registration of a dog, and may direct that the registration of a dog shall
be cancelled, if —
(a) the
applicant, the owner, or the registered owner, as the case may be, has been
convicted, or has paid a modified penalty, in respect of an offence under this
Act on 2 or more occasions during the preceding 12 months; or
(b) the
dog in question has been shown to the satisfaction of the local government to
be destructive, unduly mischievous, or to be suffering from a contagious or
infectious disease; or
(c) the
local government is not satisfied that there are on the premises at which the
dog will ordinarily be kept, or the premises shown in the register, as the
case may be, means for effectively confining the dog within the premises; or
(d) the
dog is a dangerous dog; or
(e) the
local government is not satisfied that the terms and conditions of an order as
to control requirements in respect of a dangerous dog are being complied with
at those premises.
(3a) In respect of a
dog that is registered at the commencement of the Dog Amendment Act 1987
1 the following provisions apply —
(a) the
local government may by writing served on the registered owner require him,
within a specified period, to certify in writing to the local government that
the means exist on the premises recorded in the register as those at which the
dog is ordinarily kept for effectively confining the dog within the premises;
(b) if
the registered owner does not comply with a requirement under
paragraph (a) within the specified period, or if the local government is
not satisfied as mentioned in subsection (3)(c) the local government may
give a direction to the registration officer under that subsection.
(3b) References in
subsections (1a), (3) and (3a) to “means for effectively confining
the dog within the premises” do not include the means whereby a dog may
be tethered within the premises.
(3c) The registration
officer may cancel the registration of a dog if it is proved to his
satisfaction that the dog has died or has been removed from the State.
(4) Where the
registration of a dog is refused, not renewed or cancelled pursuant to
subsection (3) the local government shall forthwith notify the applicant
or the person in whose name the registration was effected, and that
notification shall be accompanied by a statement in writing of the grounds
upon which the decision of the local government was made.
(5) The registration
of a dog under this Act has effect throughout the State notwithstanding that
the dog may be removed to another district of the State.
(6) On effecting or
renewing any registration, the registration officer shall deliver to the
applicant —
(a) a
certificate in the prescribed form acknowledging the fee paid and specifying
the registration number allocated to each dog, the term of the relevant
registration period, and a description of each dog so registered; and
(b) in
respect of each dog so registered, a registration tag of the prescribed kind.
[Section 16 amended by No. 23 of 1987
s. 14 and 44; No. 14 of 1996 s. 4; No. 24 of 1996
s. 6; No. 10 of 1998 s. 29(1).]