Animals Legislation (Responsible Ownership) Act 2001 (Vic)

Animals Legislation (Responsible Ownership) Act

2001

Act No. 83/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE PREVENTION OF CRUELTY

TO ANIMALS ACT 1986 3

3.	Insertion of an offence to attend an animal fight	3
4.	Insertion of new sections 21A, 21B and 21C	3

21A.	Search warrants for dwellings	3
21B.	Announcement before entry under search warrant	5
21C.	Details of search warrant to be given to occupier	5

5.	Power of Minister to authorise seizure	6
6.	Insertion of new sections 24E to 24J	6

24E.	Warrants to seize animals	7
24F.	Details of seizure warrant to be given to occupier	8
24G.	Seizure of animal not mentioned in the warrant	8
24H.	Retention and return of seized animal	9
24I.	Magistrates' Court may extend period of warrant	9
24J.	Notice to comply	9

7.	Repeal of reference to section 4 of the Wildlife Act 1975	10
8.	Insertion of new regulation making powers	10

PART 3—AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994 TO MAKE PARTICULAR

PROVISION FOR CERTAIN BREEDS OF ANIMALS 12

9.	Definitions	12
10.	Recognised organisations	12
11.	Minister's powers to delegate	13
12.	Declaration of breed of dog to be made with application for
registration or renewal	13
13.	Insertion of reference in registration provision	13
14.	Powers of Council to register restricted breed dogs	14

i

Section Page

15.      Requirement for restricted breed dogs to be permanently

identified 14

16.      Exemption from requirement to have identification marker

outside owner's premises 14
17.	Insertion of new Division 3B in Part 3 15

Division 3B—Particular provisions for the control of

restricted breed dogs 15

41F.	Notifications	15
41G.	Restraint of restricted breed dogs on owner's premises	15
41H.	Warning signs for restricted breed dogs	16

41I. Restraint of restricted breed dogs off the owner's

premises 16

41J.	Limitation on ownership of restricted breed dogs	16
41K.	Prohibition on transfer of ownership of restricted
breed dogs to minors	17
41L.	Prohibition on minor having control of dog outside
owner's premises	17

18.	Seizure of restricted breed dogs	18
19.	Warrants for search and seizure	18
20.	Powers to sell or destroy seized restricted breed dogs	18
21.	Evidentiary provision	19
22.	Power to apply for review of a decision to refuse to register a
restricted breed dog	19
23.	Insertion of new Division 7 of Part 7	19
Division 7—Procedures for identifying restricted breed dogs	19

98A.	Power of authorised officers to make declarations as
to breed of dogs 19
98B.	Service of notice of declaration 19
98C.	Application of certain offences at the time of the
making of a declaration 20
98D.	Right to apply for review of decision to make
declaration 21
98E.	Review panel 21
98F.	Procedure and decisions of review panels 21
98G.	Terms and conditions of appointment of members of
the pool and of panels 22

PART 4—FURTHER AMENDMENTS TO THE DOMESTIC

(FERAL AND NUISANCE) ANIMALS ACT 1994 23

24.	Offence to set on dog to attack—Increase in Penalty	23
25.	Liability for dog attack—Increase in penalty	23
26.	Notification of Council	24
27.	Payments to the Treasurer	24

ii

Section Page

28.	Powers of authorised officers	24
29.	Warrants for search and seizure	25
30.	Amendment of references to premises	25

═══════════════

ENDNOTES 26

iii

Victoria

No. 83 of 2001

Animals Legislation (Responsible Ownership) Act 2001†

[Assented to 11 December 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the Prevention of Cruelty to Animals Act 1986 to insert new offences and to make further provision for enforcement powers and regulation-making powers; and

Animals Legislation (Responsible Ownership) Act 2001

s. 2 Act No. 83/2001

(b) to amend the Domestic (Feral and Nuisance) Animals Act 1994 to increase penalties, to make further provision in relation to enforcement powers and money collected by Councils and to make provision for further controls on certain breeds of dogs.

2. Commencement

(1) This Act, except Part 3, comes into operation on

the day after the day on which it receives the
Royal Assent.

(2) Subject to sub-section (3), Part 3 comes into
operation on a day or days to be proclaimed.

(3) If a provision of Part 3 does not come into

operation before 1 November 2002, it comes into
operation on that day.

_______________
Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 3

PART 2—AMENDMENTS TO THE PREVENTION OF

CRUELTY TO ANIMALS ACT 1986

3. Insertion of an offence to attend an animal fight

In section 13 of the Prevention of Cruelty to
Animals Act 1986, after sub-section (3) insert—

"(4) A person must not attend an event at which

an animal is encouraged to fight another
animal.

Penalty: 60 penalty units.".

4. Insertion of new sections 21A, 21B and 21C

After section 21 of the Prevention of Cruelty to

Animals Act 1986 insert—

"21A. Search warrants for dwellings

(1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a person's dwelling, if the inspector believes on reasonable grounds that there is in the

dwelling—

(a)	an abandoned, diseased, distressed or disabled animal; or
(b)	an animal, in respect of which a contravention of section 9 is occurring or has occurred.

(2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the inspector that there is reasonable grounds to believe that

there is in the dwelling—

(a)	an abandoned, diseased, distressed or disabled animal; or
(b)	an animal in respect of which a contravention of section 9 is occurring or has occurred—

Animals Legislation (Responsible Ownership) Act 2001

s. 4 Act No. 83/2001

the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989.

(3) A search warrant issued under this section

may authorise an inspector named in the
warrant, together with any member of the
police force or any other person or persons
named or otherwise identified in the warrant

and with any necessary equipment—

(a)	to enter the dwelling specified in the warrant, if necessary by force; and
(b)	to search for an animal or an animal of a particular class of animals referred to in the warrant; and
(c)	to examine and inspect any such animal found in the dwelling to determine if the animal requires treatment by a veterinary practitioner; and
(d)	to feed and water any such animal found in the dwelling; and
(e)	to free any such animal from an entanglement or tether in the dwelling.

(4) A search warrant issued under this section

must state—

(a)	the purpose for which the search is required and the nature of any alleged contravention of section 9; and
(b)	any conditions to which the warrant is subject; and
(c)	whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 4

(d) a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(5) Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989

extend and apply to warrants under this

section.

21B. Announcement before entry under search

warrant

(1) On executing a warrant issued under

section 21A, the inspector executing the

warrant—

(a)	must announce that he or she is authorised by the warrant to enter the dwelling; and
(b)	if the inspector has been unable to obtain unforced entry, must give any person at the dwelling an opportunity to allow entry to the dwelling.

(2) An inspector need not comply with sub-

section (1) if he or she believes, on
reasonable grounds that immediate entry to
the dwelling is required to ensure that the
effective execution of the warrant is not
frustrated.

21C. Details of search warrant to be given to

occupier

(1) If the occupier is present at the dwelling

where a warrant under section 21A is being
executed, the inspector must—

(a) identify himself or herself to the occupier; and

Animals Legislation (Responsible Ownership) Act 2001

s. 5 Act No. 83/2001

(b) give a copy of the warrant to the occupier.

(2) If the occupier is not present at the dwelling where a warrant under section 21A is being executed, the inspector must—

(a)	identify himself or herself to a person at the dwelling; and
(b)	give a copy of the warrant to the person.".

5. Power of Minister to authorise seizure

In section 24A of the Prevention of Cruelty to
Animals Act 1986, for sub-section (1)
substitute—

"(1) If the Minister believes on reasonable

grounds that any animal is in such a
condition or circumstances that it is likely to
become distressed or disabled the Minister

may give notice in writing to—

(a) the owner of the animal; or

(b) if the identity of the owner cannot be readily established or the owner cannot be readily contacted, the person who has possession or custody of the animal—

that, unless the Minister is satisfied that
action has been or is being taken to remove
the likelihood of the animal becoming
distressed or disabled, the Minister intends,
not less than 7 days after the giving of the
notice, to authorise a specialist inspector to
seize and dispose of the animal in

accordance with this Division.".

6. Insertion of new sections 24E to 24J

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 6

After section 24D of the Prevention of Cruelty to Animals Act 1986 insert—

"24E. Warrants to seize animals

(1) An inspector, with the written approval of

the Secretary, may apply to a magistrate for the issue of a warrant allowing the inspector to seize an animal from a premises, including

a person's dwelling, if the inspector believes on reasonable grounds that the welfare of the animal is at immediate risk.

(2) If a magistrate is satisfied, by the evidence, on oath or by affidavit, of the inspector that there is reasonable grounds to believe that

the welfare of an animal believed to be in or on the premises specified in the warrant is at immediate risk, the magistrate may issue a
warrant, in accordance with the Magistrates'

Court Act 1989.

(3) A warrant issued under this section may

authorise an inspector named in the warrant, together with any member of the police force or any other person or persons named or
otherwise identified in the warrant and with

any necessary equipment—

(a)	to seize any animal specified in the warrant and to take that animal to any place that the inspector thinks fit; and
(b)	to retain possession of any such animal for the period of time necessary for the animal to be adequately cared for or
treated, but for no longer than the period of time specified in the warrant.

(4) A warrant issued under this section must

state—

Animals Legislation (Responsible Ownership) Act 2001

s. 6 Act No. 83/2001

(a)	the purpose for which the warrant is required; and
(b)	any conditions to which the warrant is subject; and
(c)	a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.

(5) Except as provided by this Act, the rules to

be observed with respect to warrants to seize property under the Magistrates' Court Act 1989 extend and apply to warrants under this

section.

24F. Details of seizure warrant to be given to

occupier

(1) If the occupier is present at the dwelling or

premises where a warrant under section 24E
is being executed, the inspector must—

(a)	identify himself or herself to the occupier; and
(b)	give a copy of the warrant to the occupier.

(2) If the occupier is not present at the dwelling

or premises where a warrant under
section 24E is being executed, the inspector
must—

(a)	identify himself or herself to a person at the dwelling or premises; and
(b)	give a copy of the warrant to the person.

24G. Seizure of animal not mentioned in the

warrant

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 6

In addition to the seizure of any animal
described in a warrant issued under
section 24E or any animal of a class
described in the warrant, the warrant
authorises an inspector executing it to seize
an animal that is not described in the warrant
or that is not of a class described in the
warrant, if the inspector believes, on
reasonable grounds that the welfare of the
animal is at immediate risk.

24H. Retention and return of seized animal If an inspector seizes an animal under a warrant under section 24E, the inspector must take reasonable steps to return the animal to the person from whom it was seized within the time specified in the

warrant.

24I. Magistrates' Court may extend period of

warrant

(1) An inspector may apply to the Magistrates'

Court, before the expiration of the time specified in a warrant under section 24E for the return of an animal, for an extension of the period for which the inspector may retain the animal.

(2) The Magistrates' Court may order such an

extension if it is satisfied that the retention of
the animal is necessary for its welfare.

(3) The Magistrates' Court may adjourn an

application to enable notice of the
application to be given to any person.

24J. Notice to comply

(1) If an inspector reasonably believes that an

animal is in a situation where an offence

Animals Legislation (Responsible Ownership) Act 2001

s. 7 Act No. 83/2001

under section 9 is being or is about to be
committed the inspector may issue a notice

to—

(a) the owner of the animal; or

(b) if the identity of the owner cannot be readily established or the owner cannot be readily contacted, the person who has possession or custody of the animal—

requiring that person to ensure that the
offence is not committed or that the
commission of the offence ceases (as the
case requires).

(2) A person must comply with a notice issued

to him or her under sub-section (1).
Penalty: 60 penalty units.

(3) A notice issued under sub-section (1) must—

(a) be in writing; and

(b)	state that it is an offence to not comply with the notice; and
(c)	set out the maximum penalty for the offence.".

7. Repeal of reference to section 4 of the Wildlife Act 1975

In the definition of "scientific procedure" in section 25 of the Prevention of Cruelty to Animals Act 1986, in paragraph (i) omit "or

anything done under section 4 of that Act".

8. Insertion of new regulation making powers

In section 42(1) of the Prevention of Cruelty to Animals Act 1986, after paragraph (n) insert—

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 8

'"(na) prohibiting the procedure of the firing of

horses;

(nb) prohibiting the possession of any implement or thing of any of the following classes—

(i) dog or cock fighting implements;

(ii)  any other similar fighting implements or things;

(nc) prohibiting or regulating the use of an

implement or thing of any of the following
classes—

(i) pronged collars;

(ii) electronic dog training collars;".

_______________
Animals Legislation (Responsible Ownership) Act 2001

s. 9 Act No. 83/2001

PART 3—AMENDMENTS TO THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 TO MAKE PARTICULAR

PROVISION FOR CERTAIN BREEDS OF ANIMALS

9. Definitions

In section 3(1) of the Domestic (Feral and
Nuisance) Animals Act 1994 insert the
following definitions—

' "restricted breed dog" means a dog of a breed

whose importation into Australia is
prohibited under the Customs (Prohibited
Imports) Regulations 1956 of the

Commonwealth;

"recognised organisation" means an

organisation declared to be a recognised
organisation by the Minister under section

5A;'.

10. Recognised organisations

(1) Insert the following heading to section 5A of the

Domestic (Feral and Nuisance) Animals Act

1994—

"Applicable organisations and recognised

organisations".

(2) In section 5A of the Domestic (Feral and

Nuisance) Animals Act 1994, after sub-
section (1) insert—

"(1A) The Minister may declare, by notice

published in the Government Gazette, that an
organisation is a recognised organisation

if—

(a) the organisation has applied to the Minister to be declared a recognised organisation; and

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 11

(b)	the organisation represents the owners of restricted breed dogs; and
(c)	the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines.".

(3) In section 5A(2) of the Domestic (Feral and

Nuisance) Animals Act 1994, after "applicable
organisation" insert "or a recognised
organisation".

11. Minister's powers to delegate

In section 6 of the Domestic (Feral and
Nuisance) Animals Act 1994, after paragraph (a)
insert—

"(aa) his or her power to make appointments to

review panels under section 98E(1);".

12.  Declaration of breed of dog to be made with application for registration or renewal

In section 10 of the Domestic (Feral and Nuisance) Animals Act 1994, after sub- section (2) insert—

"(3) If a person is making an application under sub-section (1) or (2) in relation to a dog, that person must include with the application

a declaration as to whether or not the dog in respect of which the application is made is a restricted breed dog.

Penalty: 5 penalty units.".

13. Insertion of reference in registration provision

In section 16 of the Domestic (Feral and dog" insert "or a restricted breed dog".

Animals Legislation (Responsible Ownership) Act 2001

s. 14 Act No. 83/2001

14. Powers of Council to register restricted breed dogs

In section 17 of the Domestic (Feral and

Nuisance) Animals Act 1994—

(a)	in sub-section (1), after "dangerous dog" insert "or a restricted breed dog";
(b)	in sub-section (2), after "dangerous dog" insert "or a restricted breed dog";
(c)	in sub-section (4), after "dangerous dog" insert "or a restricted breed dog".

15.  Requirement for restricted breed dogs to be permanently identified

In section 19 of the Domestic (Feral and
Nuisance) Animals Act 1994, for sub-section (2)
substitute—

"(2) If a person is the owner of a dangerous dog

or a restricted breed dog, that person must
ensure that the dog is permanently identified
in the manner prescribed by the regulations.
Penalty: 5 penalty units.".

16.  Exemption from requirement to have identification marker outside owner's premises

In section 20(2) of the Domestic (Feral and
Nuisance) Animals Act 1994, after paragraph (d)
insert—

"(da) a dog while it is being exhibited for show

purposes at a fixture conducted by a
recognised organisation; or".

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 17

17. Insertion of new Division 3B in Part 3

In Part 3 of the Domestic (Feral and Nuisance)

Animals Act 1994, after Division 3A insert—

"Division 3B—Particular provisions for the

control of restricted breed dogs

41F. Notifications

(1) The owner of a restricted breed dog must notify the Council that registered the dog, within 24 hours, if—

(a) the dog is missing; or

(b) the ownership of the dog changes.

Penalty: 5 penalty units.

(2) If the owner of a restricted breed dog

proposes to sell the dog or give the dog to
another person or otherwise transfer the
ownership of the dog to another person, the
owner must, before doing so advise the
person in writing that the dog is a restricted
breed dog.

Penalty: 5 penalty units.

41G. Restraint of restricted breed dogs on

owner's premises

(1) When a restricted breed dog is on its owner's

premises, the owner must keep the dog
securely confined in a manner that complies
with sub-section (2).
Penalty: 5 penalty units.

(2) The enclosure must—

(a) be childproof; and
Animals Legislation (Responsible Ownership) Act 2001

s. 17 Act No. 83/2001

(b) be constructed so that the dog cannot escape from it; and

(c) comply with the regulations.

41H. Warning signs for restricted breed dogs The owner of a restricted breed dog must display warning signs, which comply with

the regulations, at all entrances to the
premises where the dog is kept, warning
people that a restricted breed dog is kept at
the premises.
Penalty: 5 penalty units.

41I. Restraint of restricted breed dogs off the owner's premises

If a restricted breed dog is outside the premises of its owner and is not—

(a)	muzzled in a manner which is sufficient to prevent it causing injury by biting; and
(b)	under the effective control of some person by means of a chain, cord or leash—

the owner of that dog and any person for the time being in charge of the dog are guilty of an offence and liable, on conviction, to a

penalty of not more than 5 penalty units.

41J. Limitation on ownership of restricted breed

dogs

(1) A person must not own more than

2 restricted breed dogs unless that person has
a permit from the Council of the municipal
district in which the dogs are kept to do so.
Penalty: 5 penalty units.

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 17

(2) A Council may issue a permit to own more

than 2 restricted breed dogs to any person who has applied to the Council for such a permit.

(3) An application for a permit must be—

(a)	in writing in the form approved by the Council; and
(b)	accompanied by the fee determined by the Council for such an application.

(4) A permit—

(a)	is subject to any terms and conditions determined by the Council; and
(b)	remains in force for the period not exceeding 2 years determined by the Council; and
(c)	may be renewed on application to the Council.

(5) The holder of a permit must comply with the

terms and conditions of the permit.
Penalty: 5 penalty units.

41K. Prohibition on transfer of ownership of restricted breed dogs to minors

The owner of a restricted breed dog must not sell, give or otherwise transfer ownership of the dog to another person who is less than

17 years of age.
Penalty: 5 penalty units.

41L. Prohibition on minor having control of dog outside owner's premises

If a person who is less than 17 years of age is
in charge of a restricted breed dog outside
the premises of the dog's owner, the owner is

Animals Legislation (Responsible Ownership) Act 2001

s. 18 Act No. 83/2001

guilty of an offence and liable, on
conviction, to a penalty of not more than 5

penalty units.".

18. Seizure of restricted breed dogs

In section 77(1) of the Domestic (Feral and

Nuisance) Animals Act 1994—

(a) in paragraph (b), after "dangerous dog" insert "or a restricted breed dog";

(b) after paragraph (c) insert—

"(ca) if the dog is a restricted breed dog and—

(i)  the owner has been found guilty of an offence under Division 3B of Part 3 with respect to that dog; or

(ii)  the authorised officer reasonably suspects that the owner is guilty of an offence under Division 3B of Part 3 with respect to that dog; or".

19. Warrants for search and seizure

In section 77A of the Domestic (Feral and
Nuisance) Animals Act 1994—

(a) in sub-section (1), after "(c)" insert ", (ca)"; (b) in sub-section (2), after "(c)" insert ", (ca)".

20. Powers to sell or destroy seized restricted breed dogs

In section 80 of the Domestic (Feral and

Nuisance) Animals Act 1994—

(a)	in sub-section (1)(b), after "a dangerous dog" insert "or a restricted breed dog";
(b)	in sub-section (2), after "(c)(i)" insert ", (ca)(i)";

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 21

(c)	in sub-section (3), after "(c)(ii)" insert ", (ca)(ii)";
(d)	in sub-section (4), after "(c)(ii)" insert ", (ca)(ii)".

21. Evidentiary provision

At the end of section 94 of the Domestic (Feral
and Nuisance) Animals Act 1994 insert—
"(2) In any proceedings for an offence under this

Act related to a restricted breed dog, it is a defence to an allegation that the dog in respect of which the offence was committed was a restricted breed dog, if the owner reasonably believed the dog was not a restricted breed dog.".

22.  Power to apply for review of a decision to refuse to register a restricted breed dog

In section 98(2)(b) of the Domestic (Feral and Nuisance) Animals Act 1994, after "dangerous dog" insert "or a restricted breed dog".

23. Insertion of new Division 7 of Part 7

In Part 7 of the Domestic (Feral and Nuisance)

Animals Act 1994, after Division 6 insert—

"Division 7—Procedures for identifying

restricted breed dogs

98A. Power of authorised officers to make declarations as to breed of dogs

If an authorised officer is of the opinion that a dog is a restricted breed dog, the authorised officer may make a declaration to the effect that the dog is a restricted breed dog.

98B. Service of notice of declaration
Animals Legislation (Responsible Ownership) Act 2001

s. 23 Act No. 83/2001

(1) An authorised officer who has made a

declaration under section 98A must serve
written notice of that declaration on the
owner of the dog, either personally or by
registered post, within 7 days of the making
of the declaration.

(2) A notice under sub-section (1) must—

(a) set out that the owner has a right to apply for a review of the decision to make the declaration under this

Division; and

(b)	set out how to make an application for such a review; and
(c)	set out the requirements of the Act as to restricted breed dogs that must be complied with immediately.

98C. Application of certain offences at the time of the making of a declaration

Sections 19(2), 41G and 41H are to be taken not to apply to the owner of a dog which has been declared to be a restricted breed dog by an authorised officer until—

(a)	in the case of a declaration in respect of which an application to the panel has not been made within 30 days of the service of the notice of the declaration, 60 days after the service of the notice of the declaration; or
(b)	in the case of a declaration in respect of which—

(i)  an application has been made to the panel within 30 days of the service of the notice of the declaration; and

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 23

(ii)  the panel has affirmed the making of the declaration—

30 days after the decision to affirm the

making of the declaration.

98D. Right to apply for review of decision to

make declaration

(1) The owner of a dog in respect of which a declaration has been made under this reviewed by a review panel.

(2) An application under sub-section (1) must—

(a) be made to the Minister; and

(b)	be made within 30 days of the service of the notice; and
(c)	be accompanied by the fee prescribed by the regulations.

98E. Review panel

(1) A review of a declaration made under this Division must be heard by a review panel consisting of a chairperson and 2 other

persons appointed by the Minister for the
purposes of that review.

(2) A review panel must be constituted from a pool of persons appointed by the Minister because of their knowledge of or experience

in the identification of dog breeds.

98F. Procedure and decisions of review panels

(1) A review panel—

Animals Legislation (Responsible Ownership) Act 2001

s. 23 Act No. 83/2001

(a)

must consider the application for before it; and

(b) may affirm or set aside that declaration.

(2) A decision of a review panel must be

determined by a majority of the members of
the panel.

(3) Subject to sub-section (2), a review panel may regulate its own procedure.

98G. Terms and conditions of appointment of members of the pool and of panels

(1) Subject to this section, the members of—

(a)	any review panel appointed by the Minister under section 98E(1); and
(b)	the pool of persons appointed by the Minister under section 98E(2)—

are appointed on the terms and conditions

determined by the Minister.

(2) A member of a review panel who is not a

public servant is entitled to receive the fees and travelling and other allowances, if any, fixed by the Minister.

(3) The Public Sector Management and

Employment Act 1998 does not apply to any member of the pool or a panel in respect of that office of member.".

_______________
Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 24

PART 4—FURTHER AMENDMENTS TO THE DOMESTIC

(FERAL AND NUISANCE) ANIMALS ACT 1994

24. Offence to set on dog to attack—Increase in Penalty

In section 28 of the Domestic (Feral and Nuisance) Animals Act 1994, for "5 penalty units" substitute "120 penalty units or imprisonment for 6 months".

25. Liability for dog attack—Increase in penalty

(1) In section 29 of the Domestic (Feral and

Nuisance) Animals Act 1994, for sub-section (1)
substitute—
"(1) If a dangerous dog, that is not a guard dog

guarding non-residential premises, attacks or
bites any person or animal, the owner is
guilty of an offence and liable, on
conviction, to a term of imprisonment not
exceeding 6 months or to a fine not
exceeding 120 penalty units.

(1AA) If a dog that is not a dangerous dog, attacks or bites any person or animal, the owner is guilty of an offence and liable to a fine not exceeding 10 penalty units.".

(2) In section 29(2) of the Domestic (Feral and

Nuisance) Animals Act 1994, after "(1)" insert
", (1AA)".

(3) In section 29(3) of the Domestic (Feral and

Nuisance) Animals Act 1994, after "(1)" insert
", (1AA)".

(4) In section 29(4) of the Domestic (Feral and

Nuisance) Animals Act 1994, after "(1)" insert
", (1AA)".

Animals Legislation (Responsible Ownership) Act 2001

s. 26 Act No. 83/2001

26. Notification of Council

In section 37(2) of the Domestic (Feral and repealed.

27. Payments to the Treasurer

(1) In section 69(1) of the Domestic (Feral and Nuisance) Animals Act 1994—

(a) in paragraph (a) omit "dog or";

(b) after paragraph (a) insert— "(aa) $2.50 in respect of each registration fee

collected by it in each financial year
for the registration or renewal of
registration of a dog; and".

(2) In section 69(2) of the Domestic (Feral and

Nuisance) Animals Act 1994, after paragraph (a)
insert—
"(aa) research into domestic animal management;

and".

28. Powers of authorised officers

In section 74(2) of the Domestic (Feral and

Nuisance) Animals Act 1994—

(a)	in paragraph (a), for "land, vehicle or building not occupied as a place of residence" substitute "building not occupied as a place of residence or any land or vehicle";
(b)	for paragraph (b) substitute— "(b) search the whole or any part of any

building, land or vehicle entered under
paragraph (a); or".

Animals Legislation (Responsible Ownership) Act 2001

Act No. 83/2001 s. 29

29. Warrants for search and seizure

(1) In section 77A(1) of the Domestic (Feral and

Nuisance) Animals Act 1994—

(a)	for "any premises" substitute "any building occupied as a place of residence";
(b)	for "on the premises" substitute "in the building".

(2) In section 77A(2) of the Domestic (Feral and

Nuisance) Animals Act 1994—

(a)	for "on the premises" substitute "in the building";
(b)	in paragraph (a), for "the premises" substitute "the building".

30. Amendment of references to premises

(1) In section 77B of the Domestic (Feral and

Nuisance) Animals Act 1994, for "the premises"

(wherever occurring) substitute "the building".

(2) In section 77C of the Domestic (Feral and

Nuisance) Animals Act 1994, for "the premises"

(wherever occurring) substitute "the building".

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Animals Legislation (Responsible Ownership) Act 2001

Endnotes Act No. 83/2001

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 1 November 2001

Legislative Council: 28 November 2001

The long title for the Bill for this Act was "to amend the Prevention of Cruelty to Animals Act 1986 and the Domestic (Feral and Nuisance) Animals Act 1994 and for other purposes."