Animal Management (Cats and Dogs) Act 2008 (Qld)

Animal Management (Cats and Dogs) Act 2008

An Act for the identification and management of cats and dogs and the registration of dogs

Chapter 1    Preliminary

Part 1    Introduction

1   Short title

This Act may be cited as the Animal Management (Cats and Dogs) Act 2008.

2   Commencement

(1)The provisions of this Act, other than the following, commence on 1 July 2009—

•the provisions mentioned in subsection (2)

•section 227.

(2)The following provisions commence on a day to be fixed by proclamation—

•section 172(1) and (2)

•section 173(1) to (3)

•sections 174 to 176.

Part 2    Purposes and application of Act

Division 1 Purposes

3   Purposes of Act

The purposes of this Act are to—

(a)provide for the identification of cats and dogs; and

(b)provide for the registration of dogs; and

(c)provide for the effective management of regulated dogs; and

(d)promote the responsible ownership of cats and dogs; and

Note—

For the welfare of animals generally, see the Animal Care and Protection Act 2001.

(e)promote the responsible breeding of dogs; and

(f)prohibit the ownership of and particular dealings with dogs of particular breeds.

4   How purposes are to be primarily achieved

The purposes are to be primarily achieved by the following—

(a)imposing obligations about identification devices for cats and dogs on their owners, sellers, authorised implanters and operators of pounds or shelters;

(b)imposing obligations on owners and veterinary surgeons about tattooing cats and dogs for desexing;

(c)imposing registration obligations on dog breeders;

(d)regulating the supply of dogs and the advertising of dogs for supply;

(e)providing for the sharing of information about dog breeders with particular agencies and entities that are responsible for animal welfare;

(f)imposing registration obligations on dog owners;

(g)imposing obligations on regulated dog owners;

(h)providing for the chief executive to establish a breeder register and regulated dog register;

(i)prohibiting ownership of dogs of particular breeds;

(j)appointing authorised persons to investigate, monitor and enforce compliance with this Act;

(k)requiring those who may provide PPID registry services to be licensed and imposing obligations on licensees;

(l)requiring local governments to keep a general register about dogs;

(m)imposing obligations on particular persons to exercise effective control of dogs in particular circumstances and ensure dogs do not attack or cause fear;

(n)prohibiting anyone from allowing or encouraging a dog to attack or cause fear to people or other animals.

Division 2 Application

5   Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

6   Relationship with local laws

(1)This Act does not prevent a local law from imposing requirements in relation to cats or dogs generally.

(2)Without limiting subsection (1), a local government may make a local law—

(a)prohibiting anyone in its local government area, other than an exempted person, from possessing a dog of a particular breed; or

(b)imposing registration obligations on owners of cats.

(3)Subject to subsection (2), if this Act and a local law are inconsistent about a requirement, the local law is invalid to the extent of the inconsistency.

(4)This section applies for a local law whenever it was made.

(5)In this section—

breed includes crossbreed of a breed.

exempted person means an authorised person exercising functions or powers under this Act or a local law.

local law includes a subordinate local law.

prohibits includes a prohibition that does not provide for a penalty if the prohibition is contravened.

7   Act does not affect other rights or remedies

(1)Subject to sections 41 and 103, this Act does not limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

Part 3    Interpretation

Division 1 Dictionary

8   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

Division 2 Key definitions

9   Who is an owner of a cat or dog

(1)Each person as follows is an owner of a cat or dog—

(a)a person who is—

(i)the registered owner of the dog; or

(ii)if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law;

(b)a person who owns the cat or dog, in the sense of it being the person’s personal property;

(c)a person who usually keeps the cat or dog, including through an agent, employee or anyone else;

(d)if a person mentioned in paragraphs (a) to (c) is a child—a parent or guardian of the child.

(2)For subsection (1)(c), a person does not usually keep a cat or dog—

(a)merely because the person occupies a place at which the cat or dog is kept if someone else who is an adult and lives at the place keeps it; or

(b)if the person keeps the cat or dog as an employee of someone else and the person is acting within the scope of the employment; or

(c)merely because the person is an inspector under the Animal Care and Protection Act 2001 or is performing functions, or exercising powers, in that capacity under that Act.

(3)If a person owns a female cat or dog and the female has offspring, the person is taken to be the offspring’s owner immediately after its birth.

10   Who is a responsible person for a dog

(1)A person is a responsible person for a dog if—

(a)the person, or the person’s employee acting within the scope of the employment, has immediate control or custody of the dog; or

(b)the person is the parent or guardian of a child who has immediate control or custody of the dog; or

(c)the person occupies the place at which the dog is usually kept.

(2)However, a person is not a responsible person for the dog—

(a)merely because the person occupies a place at which the dog is usually kept if someone else who is an adult and lives at the place keeps the dog; or

(b)if the person has the control or custody of or keeps the dog as an employee of someone else and the person is acting within the scope of the employment.

11   What is a cat or dog

(1)A cat is an animal of the species Felis catus, or domestic cat.

(2)A dog is an animal of the species Canis lupus familiaris, or domestic dog.

12   Identification devices under Act

(1)A prescribed permanent identification device or PPID is a microchip or other electronic device that—

(a)is capable of being permanently implanted in a cat or dog; and

(b)is designed to record information in a way that can be electronically retrieved; and

(c)complies with the requirements prescribed by regulation for the device.

(2)A registration device is a device, to help identify a dog, decided by a resolution of the relevant local government for the dog.

Example of a registration device—

a tag for the collar of a dog

12A   When a person breeds a dog

(1)A person breeds a dog if the dog is born to a female dog that is usually kept by the person, including through an agent, employee or anyone else.

(2)However, if the person who usually keeps the female dog is a child, the dog born to the female dog is taken to have been bred by a parent or guardian of the child.

(3)For subsections (1) and (2), it is irrelevant whether the person or, if the person is a child, a parent or guardian of the person intends to keep the dog or supply it to another person.

Chapter 2    Identification of cats and dogs

Part 1    Prescribed permanent identification devices

Division 1 Obligation on owner of cat or dog

13   [Repealed]

14   Owner must ensure cat or dog is implanted

(1)A person who is or becomes an owner of a cat or dog that is not implanted with a PPID must ensure the cat or dog is implanted with a PPID before it is 12 weeks old unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Note—

A cat or dog that is more than 12 weeks old on the commencement of this section need not be implanted with a PPID unless it is supplied. See section 43Y.

(2)It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove—

(a)there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting it with a PPID is likely to be a serious risk to the health of the cat or dog; or

(b)for a dog, the ownership is to use it as—

(i)a government entity dog; or

(ii)a working dog; or

(iii)another class of dog prescribed under a regulation.

15   [Repealed]

16   Notice of changed PPID information

(1)This section applies if PPID information for a cat or dog changes (the changed information).

(2)The owner of the cat or dog must, within 7 days, give notice of the changed information to a licence holder unless the person has a reasonable excuse.

Maximum penalty—5 penalty units.

Note—

The licence holder must electronically update the information within 7 days after receiving it. See section 36(2).

Division 2 [Repealed]

17   [Repealed]

18   [Repealed]

19   [Repealed]

20   [Repealed]

Division 3 Implanting PPIDs

Subdivision 1 General restriction

21   Only authorised implanter may implant PPID

A person, other than an authorised implanter, must not implant a PPID in a cat or dog.

Maximum penalty—100 penalty units.

Subdivision 2 Requirements for authorised implanters

22   Electronic identification device that is not a PPID must not be implanted

An authorised implanter must not implant an electronic identification device that is not a PPID into a cat or dog.

Maximum penalty—60 penalty units.

23   Requirements for PPID

Before an authorised implanter implants a PPID in a cat or dog, the authorised implanter must ensure the PPID—

(a)stores the unique identification number for the PPID; and

(b)complies with the requirements prescribed under a regulation.

Maximum penalty—40 penalty units.

24   Age restriction for implanting PPID

(1)An authorised implanter must not implant a PPID in a cat or dog that is less than 8 weeks old, unless—

(a)the implanter has a reasonable excuse; or

(b)the implanter is a veterinary surgeon who considers implanting the PPID is not likely to be a serious risk to the health of the cat or dog; or

(c)there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting the PPID when it is less than 8 weeks old is not likely to be a serious risk to the health of the cat or dog.

Maximum penalty—60 penalty units.

(2)It is a reasonable excuse if the cat or dog’s owner advised the implanter that it was 8 weeks or older.

25   PPID information must be given to licence holder

(1)This section applies to an authorised implanter who implants a PPID in a cat or dog.

(2)The authorised implanter must, within 7 days, give notice to a licence holder providing a PPID registry service relating to the cat or dog stating—

(a)that it has been implanted with a PPID; and

(b)the unique identification number for the PPID.

Maximum penalty—20 penalty units.

Note—

See also section 37 for the identifying information or PPID information that an authorised implanter may give to particular persons.

26   PPID information must be kept

(1)This section applies to an authorised implanter who has, under section 25, given notice to a licence holder.

(2)The authorised implanter must keep the PPID information for the cat or dog for 1 year after the cat or dog is implanted unless the implanter has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)It is a reasonable excuse if the PPID information is destroyed by fire, flood or storm.

Subdivision 3 Regulation of authorised implanters

27   Chief executive may suspend or prohibit

If the chief executive reasonably believes a ground under section 28 exists in relation to an authorised implanter, the chief executive may, by complying with sections 29 to 33, take the following action (the proposed action) against the implanter—

(a)prohibit the implanter from implanting PPIDs in cats or dogs for a stated period (suspension);

(b)prohibit the implanter from implanting PPIDs in cats or dogs indefinitely (prohibition).

28   Grounds for suspension or prohibition

Each of the following is a ground for section 27—

(a)giving the chief executive or a licence holder false or misleading information relating to the performance of functions under this Act;

(b)a failure to comply with this part.

29   Show cause notice

(1)The chief executive must give the implanter a notice under this section (a show cause notice).

(2)The show cause notice must state—

(a)the proposed action; and

(b)the grounds for the proposed action; and

(c)an outline of the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension—the proposed suspension period; and

(e)that the implanter may, within a stated period (the show cause period), make written representations to the chief executive why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the implanter.

30   Representations about show cause notice

(1)The implanter may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.

(2)The chief executive must consider all representations (the accepted representations) made under subsection (1).

31   Ending show cause process without further action

(1)This section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action.

(2)The chief executive must not take any further action about the show cause notice.

(3)The chief executive must give the implanter a notice stating that the proposed action will not be taken.

32   Suspension or prohibition

(1)This section applies if—

(a)there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or

(b)there are no accepted representations.

(2)If the chief executive believes suspension or prohibition of the implanter is warranted, the chief executive may—

(a)if the proposed action was suspension—suspend the implanter for no longer than the stated period; or

(b)if the proposed action was prohibition—either prohibit the implanter or suspend the implanter for a stated period.

(3)The chief executive must give an information notice for the decision to the implanter.

(4)The decision takes effect on the later of the following days—

(a)the day the information notice is given to the implanter;

(b)the day stated in the information notice for that purpose.

33   Immediate suspension

(1)The chief executive may suspend the implanter immediately if the chief executive believes—

(a)a ground exists to suspend or prohibit the implanter from implanting PPIDs; and

(b)it is necessary to suspend the implanter immediately because there is an immediate and serious risk of harm to the effectiveness of the identification or registration of cats or dogs under this Act.

(2)The suspension—

(a)must be effected by an information notice for the decision given by the chief executive to the implanter to suspend the implanter together with a show cause notice; and

(b)operates immediately the notices are given; and

(c)continues to operate until the earliest of the following happens—

(i)the chief executive cancels the remaining period of the suspension;

(ii)the show cause notice is finally dealt with;

(iii)28 days have passed since the notices were given to the implanter.

Division 4 Removing PPIDs

34   PPID must not be removed or otherwise interfered with

(1)A person must not remove or otherwise interfere with a PPID that is implanted in a cat or dog unless—

(a)the person is a veterinary surgeon; and

(b)the removal or interference is needed to address a serious risk to the health of the cat or dog.

Maximum penalty—100 penalty units.

(2)In this section—

interfere with, a PPID, means to interfere with it in a way that causes the PPID not to work properly.

Division 5 PPID registry services

35   Person must not offer or provide PPID registry service

A person, other than a licence holder, must not offer or provide a PPID registry service.

Maximum penalty—100 penalty units.

36   Licence holder’s obligations

(1)A licence holder must, for each cat or dog for which the holder is providing a PPID registry service, keep and maintain—

(a)the PPID information for the cat or dog; and

(b)copies of the records from which the information was obtained.

Maximum penalty—180 penalty units.

(2)If, under section 16, the licence holder receives a notice about changed information for the cat or dog, the holder must, within 7 days, electronically update the information in a way that reflects the change.

Maximum penalty—180 penalty units.

Division 6 Giving identifying information and PPID information

37   Authorised implanter may give identifying information or PPID information to particular persons

An authorised implanter who has implanted a PPID in a cat or dog must not give any identifying information or PPID information for the cat or dog to another person unless—

(a)the person is—

(i)engaged or employed by the implanter performing functions under this Act; or

(ii)a licence holder or a person engaged or employed by the holder, performing functions under this Act; or

(iii)the owner of the cat or dog; or

(iv)the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or

(v)the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or

(vi)an authorised person performing functions under this Act; or

(b)the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.

Maximum penalty—30 penalty units.

38   Licence holder may give identifying information or PPID information to particular persons

A licence holder providing a PPID registry service must not give any identifying information or PPID information for a cat or dog to another person unless—

(a)the person is—

(i)another licence holder or person engaged or employed by the holder, performing functions under this Act; or

(ii)an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or

(iii)the owner of the cat or dog; or

(iv)the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or

(v)the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or

(vi)an authorised person performing functions under this Act; or

(b)the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.

Maximum penalty—30 penalty units.

39   Relevant local government may give identifying information to particular persons

A relevant local government for a cat or dog must not give any identifying information for the cat or dog to a person unless—

(a)the person is—

(i)an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or

(ii)a licence holder or person engaged or employed by the holder, performing functions under this Act; or

(iii)the owner of the cat or dog; or

(iv)the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or

(v)the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or

(vi)an authorised person performing functions under this Act; or

(b)the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.

Division 7 Pound or shelter operators

40   Operator must ensure cat or dog is scanned

(1)This section applies to the operator of a pound or shelter.

(2)The operator must ensure a cat or dog entering the pound or shelter is scanned, within 3 days after its entry, in a way that is likely to detect a PPID implanted in the cat or dog.

Maximum penalty—30 penalty units.

(3)Subsection (2) does not apply to the operator if—

(a)the cat or dog behaves aggressively towards a person attempting to scan the cat or dog; and

(b)the operator reasonably believes that compliance with subsection (2) may endanger the health of anyone attempting to scan the cat or dog.

(4)In this section—

pound or shelter includes a veterinary surgery to the extent it provides shelter for a cat or dog that is homeless, lost or stray.

41   Protection of particular persons dealing with cat or dog

(1)This section applies if—

(a)either—

(i)a cat or dog is scanned in the way required under section 40(2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or

(ii)section 40(3) applies in relation to the cat or dog; and

(b)a person mentioned in section 40 or someone else (the protected person) who does not know who owns the cat or dog deals with it relying on—

(i)the result of the scan; or

(ii)the absence of a scan of the cat or dog because of the matters mentioned in section 40(3).

(2)The protected person is not civilly liable to the owner in relation to the dealing to the extent that—

(a)the dealing is adverse to the owner’s rights concerning the cat or dog or may have an effect on the owner’s health; and

Examples—

1giving the cat or dog away

2destroying the cat or dog

(b)apart from this section, the dealing would give rise to a right of action by the owner against the protected person.

(3)Also, the protected person is not criminally liable for doing any act or making any omission in relation to the cat or dog if the act or omission could lawfully be done or omitted to be done by the owner.

Part 2    Desexing tattoos

42   Desexed cat or dog must be tattooed

(1)An owner of a desexed cat or dog must ensure the cat or dog is tattooed when it is desexed.

Maximum penalty—20 penalty units.

Note—

See section 215 for circumstances in which an owner of a cat or dog does not contravene subsection (1).

(2)A veterinary surgeon desexing a cat or dog must ensure it is tattooed for desexing.

Maximum penalty—20 penalty units.

(3)It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove the cat or dog—

(a)is a cat or dog for which there is a signed veterinary surgeon’s certificate stating, or other evidence, that tattooing the cat or dog is likely to be a serious risk to its health; or

(b)is, or is proposed to be, a show cat or dog and tattooing it may reasonably be considered by a person acting as a judge of the cat or dog as a blemish that is detrimental to its value as a show cat or dog.

(4)In this section—

show cat or dog means a cat or dog participating in or being exhibited at an exhibition supervised by a body recognised for this section by the relevant local government.

43   Person must not tattoo an undesexed cat or dog

A person must not tattoo an undesexed cat or dog for desexing.

Maximum penalty—100 penalty units.

Chapter 2A    Registration of dog breeders and related matters

Part 1    Preliminary

43A   Definitions for chapter

In this chapter—

accreditation number see section 43C(1).

accredited breeder, of an approved entity, see section 43B(1).

approval day, for an approved entity, means the day the entity is prescribed as an approved entity under section 43W.

approved entity means an entity prescribed as an approved entity under section 43W.

breeder ID number, of a registered breeder, see section 43G(1)(b).

designated details, of a person, means the following details—

(a)the person’s name;

(b)the address of—

(i)if the person is an individual—the person’s place of residence; or

(ii)if the person is a body corporate—the body corporate’s place of business, head office or registered office;

(c)the local government area in which—

(i)if the person is an individual—the person’s place of residence is located; or

(ii)if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;

(d)the person’s telephone number;

(e)the person’s email address.

ineligible person see section 43D.

online breeder registration system means the online system for breeder registration and related matters on, or accessible from, the department’s website.

registered breeder means a person registered under part 2.

registration date see section 43G(2)(c).

renewal date see section 43L(2)(c).

renewal fee see section 43J(2)(b)(ii).

renewal notice see section 43J(1).

43B   Who is an accredited breeder

(1)A person is an accredited breeder, of an approved entity, if the person is accredited by the approved entity to breed dogs under an accreditation scheme conducted by the approved entity.

(2)For subsection (1), it does not matter that the person is accredited before the approval day for the approved entity.

(3)However, if the person is accredited before the approval day for the approved entity, the person only becomes an accredited breeder of the approved entity on the approved entity’s approval day.

43C   What is an accreditation number

(1)An accreditation number is the unique identifying number an approved entity gives a person who is an accredited breeder of the approved entity.

(2)For subsection (1), it does not matter that the unique identifying number is given before the approval day for the approved entity.

(3)However, if the unique identifying number is given before the approval day for the approved entity, the number only becomes the accreditation number of the accredited breeder on the approved entity’s approval day.

43D   Who is an ineligible person

A person is an ineligible person if—

(a)the person is a child; or

(b)the person is subject to—

(i)a prohibition order or an interim prohibition order made under the Animal Care and Protection Act 2001; or

(ii)an order made under a law of another State or the Commonwealth having the same, or substantially the same, effect as an order mentioned in subparagraph (i); or

(c)the person’s registration as a registered breeder has been cancelled under part 2, division 4 in the last 5 years; or

(d)the person’s registration, under a corresponding law, to breed dogs has been cancelled in the last 5 years.

Part 2    Registration of dog breeders

Division 1 Registration

43E   Registration obligation

(1)This section applies to a person who—

(a)breeds a dog; and

(b)on the day the dog is born, is not a registered breeder.

(2)The person must, within 28 days after the day the dog is born, apply to be registered as a registered breeder unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(3)However, a person does not commit an offence against subsection (2) if the person is—

(a)an accredited breeder of an approved entity; or

(b)a primary producer who has bred the dog from a working dog—

(i)to use as a working dog; or

(ii)to supply the dog to another primary producer to use as a working dog; or

(c)a member of a class of persons prescribed by regulation.

(4)Also, a person does not commit an offence against subsection (2) if the dog dies within 28 days after the day it is born.

43F   Applying for registration

(1)A person, other than an ineligible person, may apply to the chief executive to be registered as a registered breeder.

(2)The application must be made—

(a)electronically using the online breeder registration system; or

(b)in the approved form.

(3)Also, the application must—

(a)include the designated details of the person; and

(b)be accompanied by the fee prescribed by regulation.

43G   Registration of person as registered breeder

(1)The chief executive must, as soon as practicable after receiving an application under section 43F—

(a)register the person as a registered breeder by recording the person’s designated details in the breeder register; and

(b)issue a unique identifying number (the breeder ID number) for the person; and

(c)give the person a notice about the person’s registration as a registered breeder.

(2)The notice must state—

(a)the designated details of the person as recorded in the breeder register; and

(b)the person’s breeder ID number; and

(c)the date the person was registered (the registration date).

43H   Period of registration

A person’s registration as a registered breeder ends 1 year after the registration date stated in the notice given to the person under section 43G, unless the registration is sooner cancelled under division 4.

43I   No transfer of registration

A person’s registration as a registered breeder may not be transferred.

Division 2 Renewal of registration

43J   Chief executive must give renewal notice

(1)The chief executive must give a registered breeder a notice (a renewal notice) to renew the breeder’s registration as a registered breeder.

(2)The renewal notice must—

(a)be given at least 14 days before the registration ends; and

(b)state—

(i)the designated details of the registered breeder as recorded in the breeder register; and

(ii)that the registered breeder may renew the registration by paying the fee (the renewal fee) prescribed by regulation to the chief executive; and

(iii)the period for which the registration is to be renewed.

43K   Applying for renewal of registration

(1)The registered breeder may renew the breeder’s registration, before the registration ends, by paying the renewal fee.

(2)This section applies whether or not the registered breeder has been given a renewal notice.

43L   Renewal of registration

(1)The chief executive must, within 14 days after receiving the renewal fee, give the registered breeder a notice about the renewal of registration as a registered breeder.

(2)The notice must state—

(a)the designated details of the registered breeder as recorded in the breeder register; and

(b)the breeder ID number of the registered breeder; and

(c)the date (the renewal date) the person’s registration as a registered breeder was renewed.

43M   Period of renewal of registration

A person’s registration ends 1 year after the renewal date stated in the notice given to the person under section 43L, unless the registration is sooner cancelled under division 4.

Division 3 Amendment of registration

43N   Registered breeder must give chief executive changed information

(1)This section applies if the designated details of a registered breeder change.

(2)The registered breeder must, unless the breeder has a reasonable excuse, within 7 days after the designated details change, give the chief executive notice of the change in a way mentioned in subsection (3).

Maximum penalty—50 penalty units.

(3)The notice must be given—

(a)electronically using the online breeder registration system; or

(b)in the approved form.

43O   Chief executive must record changed information and give notice of change

(1)This section applies if the chief executive receives a notice, from a registered breeder, under section 43N.

(2)The chief executive must—

(a)as soon as practicable after receiving the notice, record the change in the designated details of the registered breeder in the breeder register; and

(b)within 14 days after receiving the notice, give the registered breeder a notice stating the designated details of the registered breeder as recorded in the register.

Division 4 Suspension or cancellation of registration

43P   Grounds for suspension or cancellation

Each of the following is a ground for suspending or cancelling a person’s registration as a registered breeder—

(a)the person becomes an ineligible person under section 43D(b);

(b)the person was registered because of a materially false or misleading representation or declaration;

(c)the person is charged with an animal welfare offence;

(d)the person is charged with an offence against a law of the Commonwealth or another State if the act or omission constituting the offence would, if it happened in Queensland, be an animal welfare offence.

43Q   Show cause notice

(1)This section applies if the chief executive believes a ground exists under section 43P to suspend or cancel (the proposed action) a person’s registration as a registered breeder.

(2)The chief executive must give the person a notice (a show cause notice)—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is to suspend the registration—stating the period of the proposed suspension; and

(e)inviting the person, within a stated period (the show cause period), to make written representations to the chief executive about why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 21 days after the day the show cause notice is given to the person.

43R   Representations about show cause notice

(1)The person may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.

(2)The chief executive must consider all representations (the accepted representations) made under subsection (1).

43S   Ending show cause process without further action

If, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action, the chief executive—

(a)must not take any further action about the show cause notice; and

(b)must, as soon as practicable, give the person a notice stating the proposed action will not be taken.

43T   Suspension or cancellation

(1)This section applies if, after considering any accepted representations, the chief executive—

(a)still believes a ground exists to take the proposed action; and

(b)believes the proposed action is warranted.

(2)This section also applies if there are no accepted representations.

(3)The chief executive may decide to—

(a)if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period; or

(b)if the proposed action was to cancel the registration—cancel the registration or suspend it for a stated period.

(4)The chief executive must, as soon as practicable after making the decision, give the person an information notice for the decision.

(5)The decision takes effect on the later of the following days—

(a)the day the information notice is given to the person;

(b)the day stated in the information notice.

43U   Immediate suspension

(1)The chief executive may decide to suspend a person’s registration as a registered breeder immediately if the chief executive believes—

(a)a ground exists to take proposed action in relation to the person’s registration; and

(b)it is necessary to suspend the registration immediately because there is an immediate and serious risk—

(i)to the welfare of dogs; or

(ii)of harm to the effectiveness of the registration of persons as registered breeders under this Act.

(2)The chief executive must, as soon as practicable after making the decision, give the person—

(a)an information notice for the decision to suspend the registration immediately; and

(b)a show cause notice in relation to the proposed action.

(3)The suspension—

(a)takes effect when the notices are given to the person; and

(b)continues until the earliest of the following—

(i)the chief executive ends the suspension;

(ii)the show cause notice is finally dealt with;

(iii)the day that is 28 days after the notices were given to the person.

Part 3    Approved entities

43V   Definition for part

In this part—

relevant information means—

(a)for a person who becomes an accredited breeder of an approved entity—

(i)the person’s designated details; and

(ii)the person’s accreditation number; and

(iii)the date the person becomes an accredited breeder of the approved entity; and

(iv)the date the person’s accreditation ends; or

(b)for a person who ceases to be an accredited breeder of an approved entity—

(i)the person’s designated details; and

(ii)the number that, immediately before the person ceases to be an accredited breeder of the approved entity, is the person’s accreditation number; and

(iii)the date the person ceases to be an accredited breeder of the approved entity.

43W   Approved entity may be prescribed

(1)A regulation may prescribe an entity as an approved entity.

(2)The Minister may recommend the making of a regulation under subsection (1) only if the Minister is satisfied—

(a)the entity conducts an accreditation scheme for persons who breed dogs; and

(b)the entity gives a unique identifying number to each person accredited under the accreditation scheme; and

(c)the accreditation scheme requires a person accredited under the scheme, within 7 days after the designated details of the person change, to give the entity notice of the change; and

(d)if the entity is prescribed as an approved entity, the entity would be able and willing to give the chief executive—

(i)the relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and

Note—

See section 43B for when a person becomes an accredited breeder of an approved entity.

(ii)the relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and

(iii)notice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and

(iv)any other information about a person mentioned in subparagraph (i), (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act.

Chapter 2B    Supply of cats and dogs

Part 1    Preliminary

43X   What is a dog’s relevant supply number

(1)The relevant supply number is—

(a)for a dog bred by a person who is a registered breeder—the person’s breeder ID number; or

(b)for a dog bred by a person who applies for registration as a registered breeder within 28 days after the day the dog is born and who is registered as a registered breeder—the person’s breeder ID number.

(2)However, if a dog is bred by a registered breeder while the breeder’s registration is suspended under chapter 2A, part 2, division 4, the dog is taken not to have a relevant supply number.

(3)The relevant supply number for a dog bred by a person who is an accredited breeder of an approved entity is the person’s accreditation number.

(4)The relevant supply number for a dog bred by a person who is a recognised interstate breeder is the unique number that identifies the person as a recognised interstate breeder.

(5)The exemption number issued under part 5 for a dog is the relevant supply number for the dog.

(6)The breeder ID number of a pound or shelter is the relevant supply number for a dog impounded, or being provided shelter, by the pound or shelter if, when the dog entered the pound or shelter, there was no relevant supply number for the dog.

(7)In this section—

recognised interstate breeder means a person registered, however described, under a corresponding law to breed dogs.

shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.

Part 2    Requirement for cat or dog to be implanted

43Y   Supplier must ensure cat or dog is implanted

(1)A person must not, without reasonable excuse, supply a cat or dog to anyone else if it is not implanted with a PPID.

Maximum penalty—20 penalty units.

(2)It is not a reasonable excuse for subsection (1) that the cat or dog is less than 8 weeks old.

Note—

See section 24 for restrictions on implanting a PPID in a cat or dog that is less than 8 weeks old.

(3)In a proceeding for an offence against subsection (1) relating to the supply of a cat, it is a defence for the defendant to prove that, when the cat was supplied—

(a)the cat was at least 8 weeks old; and

(b)there was a veterinary surgeon’s certificate for the cat.

(4)In a proceeding for an offence against subsection (1) relating to the supply of a dog, it is a defence for the defendant to prove—

(a)when the dog was supplied—

(i)the dog was at least 8 weeks old; and

(ii)there was a veterinary surgeon’s certificate for the dog; and

(iii)the defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon’s certificate for the dog; or

(b)the supply of the dog was to use it—

(i)as a government entity dog; or

(ii)as a working dog; or

(iii)for another purpose prescribed by regulation.

(5)In this section—

veterinary surgeon’s certificate, for a cat or dog, means a certificate signed by a veterinary surgeon stating that implanting the cat or dog with a PPID is likely to be a serious risk to the health of the cat or dog.

Part 3    Requirement for relevant supply number for dog

43Z   Supplier must know dog has relevant supply number

A person must not, without reasonable excuse, supply a dog to another person unless the person knows—

(a)there is a relevant supply number for the dog; and

(b)the PPID information kept for the dog under section 36 includes the relevant supply number.

Note—

Under section 38, the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.

Maximum penalty—50 penalty units.

43ZA   Exceptions for supply of dog

(1)A person does not commit an offence against section 43Z if the dog is supplied in any of the following circumstances—

(a)the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;

(b)the dog is supplied by a member of a class of persons prescribed under section 43E(3)(c);

(c)the dog is supplied to a pound or shelter.

(2)Also, if the dog is not required under section 43Y(1) to be implanted with a PPID for the supply, a person does not commit an offence against section 43Z only because the person does not know the matter mentioned in section 43Z(b).

(3)In this section—

shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.

43ZB   Advertiser must know dog has relevant supply number

A person must not, without reasonable excuse, advertise a dog for supply unless the person knows—

(a)there is a relevant supply number for the dog; and

(b)the PPID information kept for the dog under section 36 includes the relevant supply number.

Note—

Under section 38, the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.

Maximum penalty—50 penalty units.

43ZC   Advertisement must include relevant supply number

A person who advertises a dog for supply must include the relevant supply number for the dog in the advertisement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

43ZD   Exceptions for advertising supply of dog

(1)A person does not commit an offence against section 43ZB or 43ZC if the dog is advertised for supply in either of the following circumstances—

(a)the dog is bred, by a primary producer, from a working dog and is advertised for supply only to another primary producer to use as a working dog;

(b)the dog is advertised for supply by a member of a class of persons prescribed under section 43E(3)(c).

(2)Also, a person does not commit an offence against section 43ZB only because the person does not know the matter mentioned in section 43ZB(b) if—

(a)the dog is at least 8 weeks old and there is a veterinary surgeon’s certificate for the dog; or

(b)the dog is advertised for supply only—

(i)as a government entity dog; or

(ii)as a working dog; or

(iii)for another purpose prescribed by regulation.

43ZE   Printer or publisher not liable in particular circumstances

A person does not commit an offence against section 43ZB or 43ZC merely because the person, as part of the person’s printing or publishing business, prints or publishes an advertisement for another person.

Part 4    Requirement to give particular details and form

43ZF   Supplier of dog must give particular details and form

(1)A person who supplies a dog to another person must, unless the person has a reasonable excuse, give the other person—

(a)a notice stating—

(i)the name of the supplier of the dog; and

(ii)the relevant supply number for the dog; and

(b)a change of ownership form that is completed and signed by the supplier of the dog.

Maximum penalty—50 penalty units.

(2)However, a person does not commit an offence against subsection (1) only because the person fails to comply with subsection (1)(a)(ii) if the dog is supplied in any of the following circumstances—

(a)the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;

(b)the dog is supplied by a member of a class of persons prescribed under section 43E(3)(c);

(c)the dog is supplied to a pound or shelter.

(3)In this section—

change of ownership form, for a dog, means a form (however called), prepared by the relevant PPID registry service for the dog, that records details about the supply of the dog from one person to another person including, for example, the PPID number for the dog.

supplier, of a dog, means—

(a)if the dog is supplied as part of a business activity that includes the supply of dogs—the person who conducts the business activity; or

(b)otherwise—the person who supplies the dog.

Part 5    Exemption numbers for supply of dogs

Division 1 Preliminary

43ZG   Eligible person—primary producer

(1)A person is an eligible person in relation to a dog if—

(a)the dog—

(i)was bred, by a primary producer, from a working dog; and

(ii)was supplied to the person, when the person was a primary producer, to use as a working dog; and

(b)the person proposes to supply the dog to another person—

(i)who is not a primary producer; or

(ii)other than to use as a working dog.

(2)For subsection (1), it is irrelevant whether—

(a)the dog was supplied to the person by the primary producer who bred the dog or another person; or

(b)the person proposing to supply the dog is still a primary producer.

43ZH   Eligible person—prescribed person

A person is also an eligible person in relation to a dog if—

(a)the dog was bred and supplied to the person by a member of a class of persons prescribed under section 43E(3)(c); and

(b)the person proposes to supply the dog to another person.

43ZI   Eligible person—owner or responsible person

A person is also an eligible person in relation to a dog if the person—

(a)is the owner of, or responsible person for, the dog; and

(b)did not breed the dog; and

(c)does not conduct a business activity that includes the supply of dogs.

Division 2 Applications for exemption numbers

43ZJ   Applying for exemption number

(1)A person who is an eligible person in relation to a dog may apply to the chief executive for an exemption number for the dog.

(2)The application must be made—

(a)electronically using the online breeder registration system; or

(b)in the approved form.

(3)The application must—

(a)include enough information to enable the chief executive to decide the application; and

(b)be accompanied by the fee prescribed by regulation.

43ZK   Deciding application

(1)The chief executive must decide to approve, or refuse to approve, the application.

(2)The chief executive must decide to refuse to approve the application if satisfied the applicant is not an eligible person in relation to the dog.

(3)If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.

43ZL   Failure to decide application

(1)If the chief executive fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to approve the application.

(2)If the chief executive is taken to have decided to refuse to approve the application, the applicant is entitled to be given an information notice for the decision by the chief executive.

43ZM   Chief executive must issue exemption number

If the chief executive decides to approve the application, the chief executive must, as soon as practicable after making the decision—

(a)issue a unique identifying number (an exemption number) for the dog; and

(b)give the applicant a notice stating the exemption number.

Chapter 3    Dog registration

Part 1    Particular person’s obligations

44   Registration obligation

(1)This section does not apply to—

(a)the operator of a pound or shelter; or

Note—

However, the operator of a pound or shelter may be required under section 43E to apply to be registered as a registered breeder.

(b)the owner of a dog less than 12 weeks old.

(2)An owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days after starting to keep the dog in the area unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)A person who becomes an owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(4)It is a defence to a prosecution for an offence against subsection (2) or (3) for the defendant to prove the dog is—

(a)a government entity dog; or

(b)a working dog; or

(c)another class of dog prescribed under a regulation.

45   Dog must bear identification in particular circumstances

(1)This section applies if a dog, other than a regulated dog, is at a place other than the address stated in the registration notice for the dog.

(2)The person who keeps the dog must ensure it bears the identification prescribed under a local law unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Note—

See chapter 4, part 5 for conditions applying in relation to regulated dogs.

Part 2    How dog is registered

46   What owner must do

To register a dog with the relevant local government for the dog, the owner of the dog must—

(a)give the local government a registration form for it that complies with section 47; and

(b)ensure the registration form is accompanied by—

(i)the registration fee for the dog; and

(ii)if it is desexed—a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed; and

(c)if a notice is given to the owner under section 48(2)—give the chief executive officer of the local government any other information or documents required to be given in the notice.

47   What registration form must state

(1)A registration form for the registration of a dog in the relevant local government’s area, must—

(a)be in the approved form; and

(b)state all of the following information about its owner—

(i)name;

(ii)residential address;

(iii)contact telephone number;

(iv)email address, if any; and

(c)state all of the following information about the dog—

(i)age;

(ii)breed;

(iii)colour;

(iv)sex;

(v)any other noticeable distinguishing features or marks;

(vi)address;

(vii)if it is implanted with a PPID, the unique identification number stored on the PPID;

(viii)if it is desexed—that it has been desexed;

(ix)if the dog is a regulated dog—whether the dog is a declared dangerous dog or a declared menacing dog.

(2)In this section—

address, for a dog, means the address of the place where the dog is usually kept or is proposed to be kept.

48   Chief executive officer may ask for further information

(1)This section applies if the owner of a dog gives the relevant local government for the dog—

(a)a registration form under section 46; or

(b)a notice mentioned in section 54(3) or 57(2).

(2)The chief executive officer of the local government may, by notice, require the owner to give other information or documents reasonably required to register the dog.

(3)The notice must state a reasonable period of at least 14 days to comply with the notice.

49   Relevant local government must give registration notice

(1)This section applies if an owner of a dog complies with section 46 for the dog.

(2)The relevant local government for the dog must give its owner notice (the registration notice) that the dog has been registered by the local government.

(3)The registration notice must—

(a)be given to the owner within 14 days after the dog is registered in the local government’s area; and

(b)state—

(i)the information, for the owner and the dog, required to be given under sections 47 and 48(2); and

(ii)the period of the registration; and

(c)be accompanied by any registration device for the dog; and

(d)include any other information prescribed under a regulation.

50   Duration of registration

(1)Registration of a dog is for the period of years fixed by resolution of the relevant local government for the dog.

(2)However, the period must not be more than 3 years.

51   Local government must keep registration form and information

A local government giving a registration notice to the owner of a dog must—

(a)keep the registration form and other information about the dog given to it by the owner; and

(b)if the information must be recorded in a register kept by the chief executive officer of the local government— within 7 days, record the information in the appropriate register.

52   Registration fee must be fixed to give desexing incentive

(1)This section applies to a relevant local government in fixing the registration fee for a dog usually kept or proposed to be kept in the local government’s area.

(2)The local government must fix the fee to give the owner of the dog an incentive to desex it.

Example of an incentive to desex a dog—

fixing a lower registration fee for a dog that is desexed

(3)In this section—

dog means a dog other than a declared dangerous dog.

Note—

See section 70 in relation to the compulsory desexing of declared dangerous dogs.

53   Registration fee to be used for achievement of Act’s purposes

A registration fee paid to a local government must be used—

(a)for the purposes of this Act; and

(b)to administer local laws relating to the management of dogs.

Part 3    Amendment of registration

54   Amendment of registration

(1)This section applies if any information stated on the registration notice for a dog changes (the changed information).

(2)However, this section does not apply if the changed information is a change of residential address for an owner of a regulated dog mentioned in schedule 1, section 8.

(3)The owner of the dog must, within 7 days, give the relevant local government notice of the changed information.

Maximum penalty—5 penalty units.

(4)The notice must be—

(a)in the approved form; and

(b)accompanied by other information or documents to enable the relevant local government to record the changed information in the appropriate register.

55   Relevant local government must give notice of change

(1)This section applies if the chief executive officer of the relevant local government for a dog is given a notice under section 54(3).

(2)The chief executive officer may ask the owner of the dog for other information or documents in the way mentioned in section 48.

(3)The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48(2).

Maximum penalty—5 penalty units.

(4)If the owner complies with subsection (3), the chief executive officer must—

(a)within 7 days after receiving a notice mentioned in section 54(3) or other information or document given under section 48, ensure the information is updated in the appropriate register in a way that reflects the change; and

(b)within 14 days after receiving the notice, ensure the owner is given a notice for the dog that includes the changed information mentioned in section 54.

Part 4    Renewal of registration

56   Relevant local government must give renewal notice

(1)The chief executive officer of the relevant local government for a dog must give its owner notice (the renewal notice) to renew the registration for the dog.

(2)The renewal notice must—

(a)be given at least 14 days before the period of registration in the local government’s area for the dog expires; and

(b)state—

(i)the information, for the owner and the dog, stated in the general register for the dog; and

(ii)the period of renewal of registration; and

(iii)that the owner must, within 7 days, give the chief executive officer notice of any change to the information; and

(c)include any other information prescribed under a regulation.

57   What owner must do

(1)This section applies to the owner of a dog whether or not the owner has been given a renewal notice.

(2)The owner of the dog must, before the period of registration for the dog expires—

(a)if any information on the renewal notice has changed—give the local government notice of the change (the changed information); and

(b)pay the registration fee for the dog; and

(c)if it is desexed—ensure the fee is accompanied by a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed.

Maximum penalty—20 penalty units.

(3)However, if a registration form for a dog in the relevant local government’s area has already been accompanied by the certificate or evidence mentioned in subsection (2) for the dog, the certificate or evidence need not accompany the fee.

58   Relevant local government’s obligations if owner complies

(1)This section applies if the owner of a dog given a renewal notice under section 56 complies with section 57 for the dog.

(2)The chief executive officer of the local government may ask the owner for other information or documents in the way mentioned in section 48.

(3)The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48(2).

Maximum penalty—5 penalty units.

(4)If the owner complies with subsection (3), the chief executive officer must—

(a)within 7 days after receiving the notice mentioned in section 57(2), ensure the information is updated in the appropriate register in a way that reflects the change; and

(b)within 14 days after receiving the fee, any information or documents mentioned in section 57(2) or other information or documents given under section 48, give the owner any registration device for the dog.

Chapter 4    Regulated dogs

Part 1    Preliminary

Division 1 Purpose and application of chapter

59   Purpose of ch 4 and its achievement

(1)The purposes of this chapter are to—

(a)protect the community from damage or injury, or risk of damage or injury, from regulated dogs; and

(b)ensure regulated dogs are—

(i)not a risk to community health or safety; and

(ii)controlled and kept in a way consistent with community expectations and the rights of individuals.

(2)The purposes are to be achieved primarily by the following—

(a)providing for local governments to declare dogs to be dangerous dogs or menacing dogs;

(b)providing for the compulsory desexing of declared dangerous dogs;

(c)providing for identification of dogs as regulated dogs;

(d)imposing conditions on keeping, and requirements for the control of, regulated dogs;

(e)allowing authorised persons to seize or destroy dogs in particular circumstances;

(f)providing for local governments to administer, and be responsible for, the matters mentioned in paragraphs (a) to (e).

Division 2 Interpretation

60   What is a regulated dog

A regulated dog is—

(a)a declared dangerous dog; or

(b)a declared menacing dog.

61   What is a declared dangerous dog

A declared dangerous dog is—

(a)a dangerous dog declared under section 94 to be a dangerous dog; or

(b)a dog that is the subject of a declaration, however called, if the declaration—

(i)was made under a corresponding law; and

(ii)is the same as or similar to a dangerous dog declaration.

62   What is a declared menacing dog

A declared menacing dog is—

(a)a menacing dog declared under section 94 to be a menacing dog; or

(b)a dog that is the subject of a declaration, however called, if the declaration—

(i)was made under a corresponding law; and

(ii)is the same as or similar to a menacing dog declaration.

63   [Repealed]

63A   Provisions for deciding what is a breed of dog

(1)Each of the following certificates, for a dog, is evidence the dog is of the breed stated in the certificate—

(a)a pedigree certificate from the Australian National Kennel Council;

(b)a pedigree certificate from a member body of the Australian National Kennel Council;

(c)a pedigree certificate from a national breed council registered with the Australian National Kennel Council;

(d)a certificate signed by a veterinary surgeon stating, or to the effect, that the dog is of a particular breed.

(2)However, if a dog is of the breed American Staffordshire terrier it is not of the breed American pit bull terrier.

(3)Also, the breed American pit bull terrier does not include a dog of the breed American Staffordshire terrier.

64   [Repealed]

Part 2    General restrictions and prohibitions

Division 1 Application of part

65   Application of pt 2

This part does not apply to a local government in relation to a regulated dog if the dog has been surrendered to it.

Division 2 General prohibitions

66   [Repealed]

67   Prohibition on supply of regulated dog or proposed declared dog

(1)A person (the relevant person) must not supply a regulated dog or a proposed declared dog to another person unless—

(a)the relevant person gives the other person a notice stating that the dog is a regulated dog or a proposed declared dog, as the case may be; or

(b)the relevant person has a reasonable excuse.

Maximum penalty—150 penalty units.

(2)In this section—

proposed declared dog means a dog the subject of—

(a)a proposed declaration notice that has not been withdrawn; or

(b)a dangerous dog declaration or menacing dog declaration that has been stayed under section 184 or the QCAT Act, section 22(3).

68   Abandonment prohibited

(1)The owner of, or a responsible person for, a regulated dog must not abandon it unless the owner or responsible person has a reasonable excuse.

Maximum penalty—300 penalty units.

(2)In this section—

abandon includes leave for an unreasonable period, having regard to community health and safety.

Division 3 Declared dangerous dogs

69   Prohibition on breeding

(1)A person must not give, or take, possession of a declared dangerous dog for the purpose of allowing it to breed with another dog.

Maximum penalty—150 penalty units.

(2)The owner of, or a responsible person for, a declared dangerous dog must not allow or encourage the dog to breed with another dog.

Maximum penalty—150 penalty units.

70   Compulsory desexing of declared dangerous dog

(1)The owner of a declared dangerous dog must ensure the dog is desexed within 3 months after the dog is declared to be a dangerous dog unless desexing is likely to be a serious risk to the dog’s health.

Maximum penalty—150 penalty units.

(2)However, subsection (3) applies if a declared dangerous dog is not desexed within the period mentioned in subsection (1) because desexing is likely to temporarily be a serious risk to the dog’s health (a temporary risk).

(3)The owner of the declared dangerous dog must ensure the dog is desexed within 3 months after the temporary risk ends.

Maximum penalty—150 units.

Division 4 [Repealed]

71   [Repealed]

Part 3    [Repealed]

Division 1 [Repealed]

Subdivision 1 [Repealed]

72   [Repealed]

73   [Repealed]

74   [Repealed]

75   [Repealed]

76   [Repealed]

Subdivision 2 [Repealed]

77   [Repealed]

78   [Repealed]

79   [Repealed]

Division 2

80   [Repealed]

81   [Repealed]

Division 3 [Repealed]

82   [Repealed]

83   [Repealed]

84   [Repealed]

85   [Repealed]

Division 4 [Repealed]

86   [Repealed]

87   [Repealed]

Division 5 [Repealed]

88   [Repealed]

Part 4    Regulated dog declarations

89   Power to make declaration

(1)Any local government may, by complying with the requirements of this part—

(a)declare a particular dog to be a declared dangerous dog (a dangerous dog declaration); or

(b)declare a particular dog to be a declared menacing dog (a menacing dog declaration).

(2)A dangerous dog declaration may be made for a dog only if the dog—

(a)has seriously attacked, or acted in a way that caused fear to, a person or another animal; or

(b)may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.

(3)A menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious.

(4)The declaration may be made even if the dog is not in the local government’s area.

(5)A declaration under this section is a regulated dog declaration.

(6)In this section—

animal has the meaning given by section 191.

seriously attack means—

(a)in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or

(b)in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.

90   Notice of proposed declaration

(1)If a local government proposes to make a regulated dog declaration it must give any owner of the dog a notice (a proposed declaration notice) stating—

(a)the following details for the dog—

(i)breed;

(ii)colour;

(iii)sex;

(iv)any other noticeable distinguishing features or marks; and

(b)the local government proposes to declare the dog to be a regulated dog; and

(c)the type of regulated dog declaration proposed to be made; and

(d)the reasons for the proposed declaration; and

(e)an owner of the dog may make, within a stated period, written representations to show why the proposed declaration should not be made.

(2)The stated period must end at least 14 days after the proposed declaration notice is given.

(3)The proposed declaration notice may be accompanied by a written opinion from a veterinary surgeon or other evidence about the dog’s breed.

91   Proposed declaration notice does not limit other powers

The giving of a proposed declaration notice does not limit an authorised person’s powers under—

(a)chapter 5; or

(b)a regulation.

92   Withdrawing proposed declaration notice

The local government may withdraw the proposed declaration notice by giving notice of the withdrawal to any owner of the dog the subject of the notice.

93   Owner’s obligation if proposed declaration notice in force

(1)This section applies if the proposed declaration notice is for a dangerous dog declaration.

(2)Each owner of, and responsible person for, the dog the subject of the proposed declaration notice must ensure the condition imposed under schedule 1, section 3, is complied with for the dog.

Maximum penalty—150 penalty units.

Note—

See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.

(3)Subsection (2) ceases to apply if the notice is withdrawn.

94   Making regulated dog declaration

(1)The local government must consider any written representations and evidence accompanying them within the period stated in the proposed declaration notice.

(2)If, after complying with subsection (1), the local government is satisfied that the relevant ground under section 89 still exists, it must make the regulated dog declaration for the dog.

95   Giving information notice about decision to make regulated dog declaration

(1)As soon as practicable after deciding to make a regulated dog declaration, the local government must give any owner of the dog the subject of the declaration an information notice about the decision.

(2)However, the local government must not give an information notice under subsection (1) if an authorised person has made a destruction order under section 127A in relation to the dog.

Note—

See section 127A in relation to the requirement to give a single information notice about the decisions to make the regulated dog declaration and the destruction order.

(3)The decision takes effect on the later of the following days—

(a)the day any owner of the dog is given the information notice;

(b)a later day of effect stated in the information notice.

(4)The information notice must state—

(a)that the dog is the subject of—

(i)if the dog is a dangerous dog—a dangerous dog declaration; or

(ii)if the dog is a menacing dog—a menacing dog declaration; and

(b)the reasons for the declaration; and

(c)the local government that made the declaration; and

(d)the day the decision takes effect; and

(e)that the dog must be kept only at the place stated in the registration notice as the address for the dog; and

(f)if the dog is impounded—a unique number given to the dog by the local government for the purposes of impounding; and

(g)any other information prescribed under a regulation.

Part 5    Conditions for regulated dogs

96   Operation of pt 5

(1)This part imposes conditions on the owner of, or responsible person for, a regulated dog.

(2)Also, a regulation may prescribe other conditions for a regulated dog.

(3)However, if the information notice mentioned in section 95(4) about the dog states a condition does not take effect until a stated day, the condition does not apply until that day.

(4)The stated day can not be more than 21 days after the owner is given the information notice.

97   Declared dangerous dogs

(1)A relevant person for a declared dangerous dog must ensure each condition imposed under schedule 1, sections 2 to 6 and 8, or prescribed by regulation, in relation to the dog is complied with for the dog.

Maximum penalty—150 penalty units.

(2)In this section—

relevant person, for a declared dangerous dog, means the owner of, or any responsible person for, a declared dangerous dog.

98   Declared menacing dogs

(1)A relevant person for a declared menacing dog must ensure each condition imposed under schedule 1, sections 2, 2A, 4 to 6 and 8, or prescribed by regulation, in relation to the dog is complied with for the dog.

Maximum penalty—150 penalty units.

(2)In this section—

relevant person, for a declared menacing dog, means the owner of, or any responsible person for, a declared menacing dog.

Part 6    Miscellaneous provisions

99   [Repealed]

100   Surrender of regulated dog

(1)An owner of a regulated dog may surrender it to the relevant local government.

(2)On the surrender, the dog becomes the local government’s property.

(3)The local government must destroy the dog as soon as practicable after the surrender.

101   Defence for regulated dog owner

It is a defence in a proceeding for an offence against this chapter relating to a regulated dog against an owner of the dog for the owner to prove—

(a)another person also owns the dog or owned it when the act or omission the subject of the proceeding happened; and

(b)the other owner has—

(i)been convicted of the same offence or another offence constituted by the act or omission; and

(ii)met or paid any penalty imposed for the conviction.

103   Cost of regulated dog enclosure—dividing fence

(1)This section applies if an enclosure, or proposed enclosure, for a regulated dog is, or when built will be, a dividing fence under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, in whole or part.

(2)The liabilities and rights under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, or a proposed order under that Act, of adjoining owners in relation to the fence for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out as if—

(a)there is not, and will not be, a regulated dog in the enclosure; and

(b)the requirements of this chapter relating to the enclosure do not apply.

(3)However, if part of the fence forms part of a pool barrier, the liabilities and rights of adjoining owners relating to that part of the fence forming part of a pool barrier for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out under the Building Act 1975, chapter 8, part 2A.

(4)If the fence is, or is proposed to be, built by a person who leases the place that is, or is to be, the relevant place for a regulated dog—

(a)the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, section 24 does not apply; and

(b)the Residential Tenancies and Rooming Accommodation Act 2008, chapter 3, part 5, division 1 applies.

(5)In this section—

pool barrier means a pool barrier under the Building Act 1975, section 245XA.

relevant place, for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog.

Chapter 4A    Prohibited dogs

103A    What is a prohibited dog

(1)A prohibited dog is a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth).

Note—

See the Customs (Prohibited Imports) Regulations 1956 (Cwlth), section 3 and schedule 1 for the breeds of dogs that are prohibited from being imported.

(2)For subsection (1), a breed does not include a crossbreed.

103B    Prohibition on prohibited dogs

(1)A person must not own, or be a responsible person for, a prohibited dog unless the person has a reasonable excuse.

Maximum penalty—150 penalty units.

(2)It is a reasonable excuse for a person to own or be a responsible person for a prohibited dog if the dog is an assistance animal.

(3)In this section—

assistance animal see the Disability Discrimination Act 1992 (Cwlth), section 9(2).

Note—

See also section 196A in relation to the application of chapter 9, part 1 to a prohibited dog.

103C    Prohibition on supply of prohibited dogs

A person must not supply a prohibited dog to another person.

Maximum penalty—150 penalty units.

Note—

See also section 196A in relation to the application of chapter 9, part 1 to a prohibited dog.

103D    Prohibition on breeding with prohibited dogs

A person must not give or take possession of a prohibited dog for the purpose of allowing it to breed with another dog.

Maximum penalty—150 penalty units.

Note—

See also section 196A in relation to the application of chapter 9, part 1 to a prohibited dog.

103E    Surrender of prohibited dogs

(1)An owner of a prohibited dog may surrender the dog to the relevant local government.

(2)On the surrender, the dog becomes the local government’s property.

(3)The local government must destroy the dog as soon as practicable after the surrender.

Chapter 5    Investigation, monitoring and enforcement

Part 1    Authorised persons

104   Appointment and qualifications

(1)The chief executive may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act—

(a)a public service employee;

(b)a person prescribed under a regulation.

(2)The chief executive officer of a local government may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act—

(a)an employee of the local government;

(b)a person prescribed under a regulation.

(3)However, the chief executive or chief executive officer (each the designated officer) may appoint a person as an authorised person only if the designated officer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

105   Appointment conditions and limit on powers

(1)An authorised person holds office on any conditions stated in—

(a)the authorised person’s instrument of appointment; or

(b)a signed notice given to the authorised person; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the chief executive officer.

106   Issue of identity card

(1)The chief executive officer of a local government must issue an identity card to each authorised person.

(2)The identity card must—

(a)contain a recent photo of the authorised person; and

(b)contain a copy of the authorised person’s signature; and

(c)identify the person as an authorised person under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

107   Production or display of identity card

(1)In exercising a power under this Act in relation to another person, an authorised person must—

(a)produce the authorised person’s identity card for the other person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the other person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 111(1)(b) or (4).

108   When authorised person ceases to hold office

(1)An authorised person ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the authorised person ceases to hold office;

(c)the authorised person’s resignation under section 109 takes effect.

(2)Subsection (1) does not limit the ways an authorised person may cease to hold office.

(3)In this section—

condition of office means a condition on which the authorised person holds office.

109   Resignation

An authorised person may resign by signed notice given to the chief executive officer of the local government that appointed the person.

110   Return of identity card

A person who ceases to be an authorised person must return the person’s identity card to the chief executive officer of the local government that appointed the person within 21 days after ceasing to be an authorised person unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

Part 2    Entry to places

Division 1 Powers of entry

111   General power to enter places

(1)An authorised person may enter a place if—

(a)an occupier of the place consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised by a warrant; or

(d)it is mentioned in a licence as a place of business and is—

(i)open for carrying on the business; or

(ii)otherwise open for entry; or

(iii)required to be open for inspection under the licence; or

(e)the entry is made, during the daytime, to inspect whether a prohibited dog is at the place; or

(f)the entry is made, during the daytime, to inspect work carried out under a condition of a dangerous dog declaration, menacing dog declaration, or compliance notice; or

(g)the entry is made, at a reasonable time of the day or night, under an approved inspection program.

(2)However, an authorised person may enter a place at night for a purpose mentioned in subsection (1)(e) or (f) if—

(a)the entry is at a time asked by the occupier; or

(b)the entry is in accordance with the times provided for in a compliance notice under section 132(3)(a).

(3)For subsection (1)(d) to (g), a place does not include a part of the place where a person resides.

(4)For the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

112   Additional entry powers for particular dogs

(1)An authorised person may enter at a place if—

(a)the authorised person reasonably suspects—

(i)a dog is at the place; and

(ii)any delay in entering the place will result in a risk to community health or safety, or in the dog being concealed or moved to avoid a requirement under chapter 4; or

(b)its occupier has been given a compliance notice and the entry is made at a time stated in the notice to check compliance with the notice; or

(c)the authorised person reasonably suspects a prohibited dog is at the place.

(2)A power under subsection (1) can not be exercised using force.

Note—

For power to enter using force, see section 118.

(3)However, for subsection (1)(a) and (c), an authorised person may enter the place, or part of the place, with the help and using the force that is necessary and reasonable in the circumstances if the place is not a place where a person resides.

113   Approval of inspection program authorising entry

(1)A local government (the approving local government) may by resolution approve a program (an approved inspection program) under which an authorised person may enter a place to monitor compliance with this Act or an aspect of this Act.

Example of a matter that may be monitored under an approved inspection program—

compliance with the conditions imposed under chapter 4, part 5

(b)on the commencement, had not received under former section 49 a registration notice for the cat.

(2)The relevant local government must—

(a)refund the registration fee to the owner; or

(b)if the local government is a declared local government—register the cat under former chapter 3, part 2; or

(c)if a local government makes a local law requiring cats to be registered—register the cat under the local law.

228   Registration fee paid to relevant local government under former s 53

(1)This section applies if, before the commencement—

(a)a person paid the relevant local government, other than a declared local government, a registration fee for a cat; and

(b)the relevant local government gave the person a registration notice for the cat.

(2)The local government must—

(a)use the registration fee in the way stated in former section 53 as if that section had not been amended; or

(b)subject to subsection (3), refund the registration fee to the person.

(3)If the local government acts under subsection (2)(b), the local government may refund the proportion of the fee the local government considers appropriate, having regard to the period of the registration stated on the registration notice that remains after the commencement.

Part 5    Transitional provision for Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016

229   Application of chs 2A, pt 2 and 2B, pt 3

(1)Chapter 2A, part 2 and chapter 2B, part 3, as inserted by the amendment Act, apply only in relation to a dog born on or after the commencement.

(2)In this section—

amendment Act means the Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016.

Part 6    Transitional provisions for Agriculture and Fisheries and Other Legislation Amendment Act 2024

Division 1 Preliminary

230   Definitions for part

In this part—

amendment Act means the Agriculture and Fisheries and Other Legislation Amendment Act 2024.

former, for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.

new, for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.

Division 2 Provision for amendments commencing on assent

231   Appeals against external review decisions relating to destruction orders

New section 190 applies only to an appeal started after the commencement.

Division 3 Provisions for amendments commencing on 31 July 2024

232   Proceedings for particular offences

(1)This section applies in relation to an offence against former section 194 or 195 committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, section 26 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

233   References to serious dog offence

For chapter 9, part 1, a reference to a serious dog offence includes a reference to—

(a)an offence against former section 194, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply; and

(b)an offence against former section 195, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply.

Division 4 Provisions for amendments commencing on 28 August 2024

234   Existing applications about restricted dog permits

(1)This section applies if an application for, or in relation to, a restricted dog permit was made under former chapter 4, part 3, but not decided, before the commencement.

(2)This Act as in force immediately before the commencement continues to apply to the application as if the amendment Act had not been enacted.

235   Existing reviews and appeals in relation to decisions about restricted dog permits

(1)This section applies if—

(a)before the commencement—

(i)an original decision was made under former chapter 4, part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and

(ii)the applicant applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; and

(b)immediately before the commencement, the application or appeal had not been decided or withdrawn.

(2)Despite the repeal of former chapter 4, part 3—

(a)the application or appeal may continue to be heard and decided as if the amendment Act had not been enacted; and

(b)this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4, part 3 in accordance with a decision made on the internal review, external review or appeal.

236   Existing review and appeal rights in relation to decisions about restricted dog permits

(1)This section applies if—

(a)before the commencement, an original decision was made under former chapter 4, part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and

(b)immediately before the commencement—

(i)the applicant had not applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; but

(ii)the period within which the applicant could apply, or start an appeal, had not ended.

(2)Despite the repeal of former chapter 4, part 3—

(a)the applicant may make the application or start the appeal, and the application or appeal may be heard and decided, as if the amendment Act had not been enacted; and

(b)this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4, part 3 in accordance with a decision made on the internal review, external review or appeal.

237   Continued application of pre-commencement Act to particular restricted dogs

(1)This section applies if—

(a)immediately before the commencement—

(i)a restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and

(ii)the restricted dog was registered; or

(b)after the commencement, a restricted dog permit is issued or renewed under former chapter 4, part 3, as applied under section 234, 235 or 236, for a dog that—

(i)was a restricted dog immediately before the commencement; and

(ii)is registered.

(2)The dog is taken not to be a prohibited dog for the purposes of this Act.

(3)Also, this Act as in force immediately before the commencement continues to apply in relation to the dog as if—

(a)the amendment Act had not been enacted; and;

(b)the dog continued to be a restricted dog.

(4)However, subsections (2) and (3) cease to apply in relation to the dog on the earliest of the following to happen—

(a)the restricted dog permit for the dog expires and the permit holder has not applied to renew the permit under former section 82;

(b)the relevant local government for the dog makes an original decision under former chapter 4, part 3, division 3 to refuse an application to renew the restricted dog permit and the circumstances mentioned in subsection (5)(a), (b), (c) or (d) apply;

(c)the dog ceases to be registered;

(d)the dog is surrendered to the relevant local government under section 100;

(e)the dog is destroyed under this Act or otherwise dies.

(5)For subsection (4)(b), the circumstances are—

(a)the period within which the applicant may apply for an internal review of the original decision ends and the applicant has not, within that period, applied for an internal review of the original decision; or

(b)if the applicant applies for an internal review of the original decision—

(i)the application is decided and both of the following apply—

(A)the decision on the application confirms the original decision;

(B)the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or

(ii)the application is withdrawn or otherwise ends without a decision being made; or

(c)if the applicant applies for an external review of the original decision—

(i)the application is decided and both of the following apply—

(A)the decision on the application (the external review decision) confirms the original decision;

(B)the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or

(ii)the application is withdrawn or otherwise ends without a decision being made; or

(d)if the applicant starts an appeal against the external review decision—

(i)the appeal is decided and the effect of the decision is to confirm the external review decision; or

(ii)the appeal is withdrawn or otherwise ends without a decision being made.

238   Destruction orders for particular dogs

(1)New section 127AA applies only in relation to a dog seized, under section 125 or a warrant, after the commencement.

(2)Former section 127 continues to apply in relation to a dog seized, under section 125 or a warrant, before the commencement as if the amendment Act had not been enacted.

Schedule 1 Conditions for regulated dogs

sections 93, 97 and 98

1   Definition for schedule

In this schedule—

relevant place, for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog.

2   Identification

(1)A regulated dog must be implanted with a PPID.

(2)A regulated dog must, at all times, wear a collar with an attached identifying tag.

(3)The tag must be of the type, and contain the information prescribed under a regulation.

2A   Distinctive collar

(1)A regulated dog must, at all times, wear a distinctive collar.

(2)The collar must—

(a)be of the dimensions, quality and type prescribed by regulation; and

(b)comply with other requirements prescribed by regulation.

3   Muzzling in or at place other than relevant place

(1)This section applies to the following dogs—

(a)a regulated dog that is a declared dangerous dog;

(b)a dog the subject of a proposed declaration notice for a dangerous dog declaration.

(2)The dog must not be in or at a place other than the relevant place for the dog unless it is muzzled.

(3)However, subsection (2) does not apply if the dog is in a vehicle in or at a place and the dog—

(a)is in an enclosed part of the vehicle; and

(b)is enclosed or restrained in a way that prevents the dog or any part of it from moving outside the enclosed part of the vehicle.

4   Enclosure

(1)An enclosure for a regulated dog must be maintained at or on the relevant place for the dog.

(2)The regulated dog must, unless there is a reasonable excuse, be usually kept in the enclosure.

(3)The enclosure must—

(a)be childproof; and

(b)stop the regulated dog from leaving the enclosure.

(4)Also, the enclosure and the area enclosed must—

(a)be of the dimensions, quality and type prescribed under a regulation; and

(b)comply with other requirements prescribed under a regulation.

5   Public notice

(1)A sign must be placed at or near each entrance to the relevant place for a regulated dog notifying the public that a regulated dog is kept at the place.

(2)The sign must be of the dimensions, quality and type, and contain the information prescribed under a regulation.

6   Place where relevant dog is usually kept

A regulated dog must not be usually kept at a place other than the relevant place for the dog.

7   [Repealed]

8   Notice of change of address

(1)If an owner of a regulated dog changes residential address, the owner must give the relevant local government notice of the owner’s new residential address within 7 days after making the change.

(2)If the new residential address is in another local government’s area, the owner must also give the notice to the other local government.

Schedule 2 Dictionary

section 8

accepted representations—

(a)for chapter 2, part 1, division 3, subdivision 3—see section 30(2); or

(b)for chapter 2A, part 2, division 4—see section 43R(2); or

(c)for chapter 6, part 5—see section 163(2).

accreditation number see section 43C(1).

accredited breeder, of an approved entity, see section 43B(1).

advertise includes cause, permit or authorise to be advertised.

animal, for chapter 9, part 1, see section 191.

animal welfare offence see the Animal Care and Protection Act 2001, schedule.

appropriate register, for information about a dog, means a register kept under section 177 in which particular information about the dog is kept.

approval day, for an approved entity, for chapter 2A, see section 43A.

approved entity see section 43A.

approved form means—

(a)for an approved form mentioned in chapter 2A, 2B or 6 or section 182—a form approved by the chief executive under section 209(1); or

(b)otherwise—a form approved by the chief executive officer of a local government under section 209(2).

approved inspection program see section 113(1).

approving local government see section 113(1).

authorised implanter means—

(a)a veterinary surgeon who—

(i)has completed a course, about implanting PPIDs, prescribed under a regulation or approved by the chief executive; and

(ii)is not a prohibited implanter; or

(b)a person who—

(i)has a qualification relating to the implantation of PPIDs prescribed under a regulation or approved by the chief executive; and

(ii)has completed a course, about implanting PPIDs, prescribed under a regulation or approved by the chief executive; and

(iii)is not a prohibited implanter.

authorised person means—

(a)a person appointed under section 104; and

(b)for chapter 5, has the meaning affected by section 135(2).

bodily harm has the meaning given by the Criminal Code, section 1.

breed, a dog, see section 12A(1).

breeder ID number, of a registered breeder, see section 43G(1)(b).

breeder register see section 172B(1).

cat see section 11(1).

cat and dog registry ...

changed information ...

compliance notice see section 132(2).

corresponding law means a law, or former law, of another State or the Commonwealth that provides, or provided, for the same, or substantially the same, matter as this Act or a provision of this Act.

dangerous dog declaration see section 89(1)(a).

declared dangerous dog see section 61.

declared menacing dog see section 62.

deferred date means—

(a)the day that is 2 years after the date of assent of this Act; or

(b)if an earlier day is prescribed under a regulation—the earlier day.

deferred provisions see section 211.

desex, for a cat or dog, means to surgically remove its gonads for the purpose of making it permanently incapable of reproducing.

designated details, of a person, see section 43A.

designated local government means—

(a)the Brisbane City Council; or

(b)the Central Highlands Regional Council; or

(c)the Gladstone Regional Council; or

(d)the following councils—

•Gold Coast City Council

•Ipswich City Council

•Lockyer Valley Regional Council

•Logan City Council

•Moreton Bay City Council

•Redland City Council

•Scenic Rim Regional Council

•Somerset Regional Council

•Sunshine Coast Regional Council

•Toowoomba Regional Council.

designated review application see section 181(1).

designated review decision see section 185(1)(b).

destroy, a dog, includes causing it to be destroyed.

destruction order, in relation to a dog, see section 126A.

detached house does not include—

(a)a caravan, trailer or vehicle; or

(b)a duplex; or

(c)a manufactured home.

dog see section 11(2).

dog patrol category, for chapter 9, part 1, see section 191.

dog registry, of a local government, see section 177(2).

effective control, of a dog, see section 192.

eligible person, in relation to a dog, see sections 43ZG, 43ZH and 43ZI.

enclosure, for a regulated dog, see schedule 1, section 4.

exemption number, for a dog, see section 43ZM(a).

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

general register, of a local government, means its general register kept under section 178.

general review application see section 181(2).

government entity means—

(a)the State, the Commonwealth or another State; or

(b)an instrumentality or agent of the State, the Commonwealth or another State.

government entity dog means—

(a)a dog owned by a government entity or a person engaged or employed by the entity; and

(b)used for a purpose under an Act of the Commonwealth or a State.

Examples—

•a corrective services dog under the Corrective Services Act 2006

•a drug detection dog, firearms and explosives detection dog or police dog under the Police Powers and Responsibilities Act 2000

grievous bodily harm has the meaning given by the Criminal Code, section 1.

identifying information means—

(a)for a dog—the information relating to the dog that is required to be—

(i)stated on a registration notice for the dog; and

(ii)held in the dog registry of the relevant local government for the dog; or

(b)for a cat, if a local government makes a local law requiring cats to be registered—the information relating to the cat required to be held under the local law.

implant includes insert.

ineligible person, for chapter 2A, see section 43D.

information notice, about a decision, means a notice stating—

(a)the decision and the reasons for it; and

(b)that the person to whom the notice is given may apply for an internal review of the decision to the original decider for the decision within 14 days after the person receives the notice; and

(c)how to apply for the internal review.

inspect, for chapter 7, part 1, includes to obtain, orally or in writing, the information kept on the regulated dog register.

interested person, for an original decision, means—

(a)a person who has been given, or is entitled to be given, an information notice about the decision; and

(b)if the decision relates to a dog—the owner of, or responsible person for, the dog.

internal review decision see section 186(1)(b).

licence means a PPID registry licence.

licence holder means a person holding a PPID registry licence.

licence holder register see section 172A(1).

lives means resides.

local government, for chapter 5, has the meaning affected by section 135(1).

mandatory conditions, for a licence, see section 152.

manufactured home see the Manufactured Homes (Residential Parks) Act 2003, section 10.

menacing dog declaration see section 89(1)(b).

notice means—

(a)a notice in writing; and

(b)for chapter 5, part 2, a notice issued under this Act.

occupier of a place, for chapter 5, part 2, includes a person who reasonably appears to be the occupier of, or in charge of, the place.

online breeder registration system see section 43A.

operator, of a pound or shelter, means the person who has the role of being responsible for the management and operation of the pound or shelter.

original decider, for an original decision, means—

(a)if the original decision is made by the chief executive—the chief executive; or

(b)if the original decision is made by a local government or authorised person appointed by a local government—the chief executive officer of the local government.

original decision means a decision about which an information notice must be given.

owner, of a cat or dog, see section 9.

permanent identification device ...

permit application ...

permit condition ...

permit holder ...

personal details requirement see section 139(4).

pet shop means a shop that sells a dog, cat, rabbit, guinea pig, mouse, reptile, caged bird or any other similar animal of a class or kind prescribed under a regulation.

PID ...

PID register ...

PID registry service ...

place includes a vehicle.

pound means a premises maintained for the purpose of impounding animals.

PPID see section 12(1).

PPID information means—

(a)for a cat—

(i)the name of the owner of the cat; and

(ii)the PPID number for the cat; and

(iii)any other information about the cat prescribed by regulation; or

(b)for a dog—

(i)the relevant supply number for the dog; and

(ii)the name of the owner of the dog; and

(iii)the PPID number for the dog; and

(iv)any other information about the dog prescribed by regulation.

PPID number means a unique number stored on a PPID that is capable of being electronically retrieved.

PPID registry licence means a licence to offer or provide a PPID registry service.

PPID registry service means a service, provided by a licence holder, of keeping records containing—

(a)identifying information for a cat or dog; or

(b)the unique identification number stored on the PPID for a cat or dog.

PPID review application ...

PPID review decision ...

prescribed permanent identification device see section 12(1).

primary producer—

(a)means a person primarily engaged in the occupation of a—

(i)dairy farmer; or

(ii)wheat, maize or cereal grower; or

(iii)cane grower; or

(iv)fruit grower; or

(v)grazier; or

(vi)farmer, whether engaged in general or mixed farming, cotton, potato, or vegetable growing, or poultry or pig raising; and

(b)includes a person engaged in primary production.

prohibited dog see section 103A.

prohibited implanter means a person given an information notice under section 32(3).

prohibition—

(a)for chapter 2, part 1, division 3, subdivision 3—see section 27(b); or

(b)for chapter 6, part 5—see section 160(b).

proposed action—

(a)for chapter 2, part 1, division 3, subdivision 3—see section 27; or

(b)for chapter 2A, part 2, division 4—see section 43Q(1); or

(c)for chapter 6, part 5—see section 160.

proposed declaration notice see section 90(1).

publicly available part, of the breeder register, see section 172E(2).

public office, of a local government, has the meaning under the Local Government Act 1993, schedule 2.

public place means any place that the public is entitled to use, is open to the public, or used by the public, whether or not on payment of money.

reasonably believes means to believe on grounds that are reasonable in the circumstances.

reasonably suspects means to suspect on grounds that are reasonable in the circumstances.

registered, for a dog, means that the information about the dog is recorded in the relevant local government’s general register.

registered breeder see section 43A.

registered owner, of a dog, means a person recorded as the owner of the dog in a dog registry of a local government.

registration date, for chapter 2A, see section 43G(2)(c).

registration device see section 12.

registration fee, for a dog, means the fee fixed by the local government for its registration.

registration form, for the registration of a dog in a local government’s area, means the approved form for registering dogs in the local government’s area.

registration notice, for a dog, means a notice stating the information in section 49(3)(b) and (d) for the dog.

regulated dog see section 60.

regulated dog declaration see section 89(5).

regulated dog register see section 172(1).

relevant dog ...

relevant information, for chapter 2A, part 3, see section 43V.

relevant local government, for a provision about a cat or dog, means the local government in whose area the cat or dog is usually kept or proposed to be kept.

relevant person, for a dog, for chapter 9, part 1, see section 191.

relevant place, for a regulated dog, for schedule 1, see schedule 1, section 1.

relevant supply number, for a dog, see section 43X(1), (3), (4), (5) and (6).

renewal application ...

renewal date, for chapter 2A, see section 43L(2)(c).

renewal fee, for chapter 2A, see section 43J(2)(b)(ii).

renewal notice—

(a)for chapter 2A—see section 43J(1); or

(b)for chapter 3, part 4—see section 56(1).

renewed permit ...

responsible person, for a dog, see section 10.

restricted dog ...

restricted dog declaration ...

restricted dog permit ...

restricted dog register ...

review decision ...

review notice see section 187(1).

rural land means land used for grazing stock or cultivating crops on a commercial basis.

security officer, for chapter 9, part 1, see section 191.

security patrol dog, for chapter 9, part 1, see section 191.

sell means sell by retail, wholesale or auction, and includes—

(a)offer or agree to sell; and

(b)invite to treat or expose for sale; and

(c)cause or permit to be sold; and

(d)supply under a lease, exchange, hiring or other commercial arrangement.

seller means a person supplying a PPID.

SEQ local government ...

serious dog offence, for chapter 9, part 1, see section 191.

shelter means a premises maintained for the purpose of providing shelter to, or finding a home for, stray, abandoned or unwanted animals.

show cause notice—

(a)for chapter 2, part 1, division 3, subdivision 3—see section 29(1); or

(b)for chapter 2A, part 2, division 4—see section 43Q(2); or

(c)for chapter 6, part 5—see section 162(1).

show cause period—

(a)for chapter 2, part 1, division 3, subdivision 3—see section 29(2)(e); or

(b)for chapter 2A, part 2, division 4—see section 43Q(2)(e); or

(c)for chapter 6, part 5—see section 162(2)(e).

spent conviction ...

stock means alpacas, asses, buffaloes, camels, cattle, deer, donkeys, goats, horses, llamas, mules, sheep or vicunas.

supply includes doing any of the following things if doing the thing affects possession of a cat, dog or PPID, other than the mere temporary custody of it—

(a)exchange, give or sell;

(b)offer or agree to supply;

(c)cause or permit a supply;

(d)possess for supply.

suspension—

(a)for chapter 2, part 1, division 3, subdivision 3—see section 27(a); or

(b)for chapter 6, part 5—see section 160(a).

tattoo, a cat or dog for desexing, when used as a verb, means to permanently mark the cat or dog in a way prescribed under a regulation enabling the identification of the cat or dog as desexed.

Example of a way that enables a cat or dog to be identified as desexed—

placing a permanent symbol in a cat’s or dog’s left ear

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936.

veterinary surgeon’s certificate, for a cat or dog, see section 43Y(5).

veterinary surgery means premises used or intended for use by a veterinary surgeon in the practice of the veterinary surgeon’s profession.

warrant means a warrant issued under chapter 5, part 2, division 2, subdivision 2, and includes a duplicate warrant mentioned in section 119(5).

working dog—

(a)means a dog usually kept or proposed to be kept—

(i)on rural land; and

(ii)by an owner who is a primary producer, or a person engaged or employed by a primary producer; and

(iii)primarily for the purpose of—

(A)droving, protecting, tending, or working, stock; or

(B)being trained in droving, protecting, tending, or working, stock; and

(b)does not include a class of dog prescribed under a regulation.