Companion Animals Amendment Act 2013 (NSW)

An Act to amend the Companion Animals Act 1998 to make further provision with respect to menacing, dangerous and restricted dogs and the duties and responsibilities of their owners; and for other purposes.

1Name of Act

This Act is the Companion Animals Amendment Act 2013.

2Commencement(1)

Except as provided by subsection (2), this Act commences on a day or days to be appointed by proclamation.

(2)

Schedule 2 [2], [3], [6] and [13] commence on 1 January 2014.

Schedule 1

(Repealed)

Schedule 2Amendment of Companion Animals Regulation 2008[1]

(Repealed)

[2]Clause 17 Registration fee

Omit clause 17 (1). Insert instead:

(1)

The registration fee payable for the registration of a companion animal is whichever of the following fees is applicable in the particular case:

• (a)

  for a desexed animal (except an animal owned by an eligible pensioner)—$49,

• (b)

  for a desexed animal owned by an eligible pensioner—$19,

• (c)

  for an animal that is not desexed (except an animal kept by a recognised breeder for breeding purposes)—$182,

• (d)

  for an animal that is not desexed and that is kept by a recognised breeder for breeding purposes—$49.

[3]Clause 17 (4)

Insert at the end of the clause:

(4)

The amounts referred to in subclause (1) are adjustable fee amounts that are to be adjusted for inflation as provided by Schedule 2.

[4], [5]

(Repealed)

[6]Clause 25 Maximum fee for issuing certificate of compliance in relation to prescribed enclosure

Omit “$100”. Insert instead “$150”.

[7]–[12]

(Repealed)

[13]Schedule 2

Insert after Schedule 1:

Schedule 2Adjustment for inflation of certain fees

(Clause 17 (4))

1Definitions

In this Schedule:

adjustable fee amount means a fee amount prescribed under clause 17 (1) of this Regulation.

Consumer Price Index means the Consumer Price Index (All Groups Index) for Sydney published by the Australian Statistician.

Consumer Price Index number, in relation to a quarter, means the number for that quarter appearing in the Consumer Price Index.

financial year means a period of 12 months commencing on 1 July.

2Adjustment of fees(1)

Each adjustable fee amount is on 1 July each year to be adjusted for inflation as provided by this clause.

(2)

The adjustable fee amount that is to apply for the financial year commencing on that 1 July is to be determined by multiplying the adjustable fee amount that applied for the previous financial year by the annual increase in the Consumer Price Index during that previous financial year.

(3)

The annual increase in the Consumer Price Index during a financial year is to be calculated as B/A where:

B is the Consumer Price Index number for the last quarter for which such a number was published before the end of the financial year.

A is the Consumer Price Index number for the last quarter for which such a number was published before the start of the financial year.

(4)

If B/A is less than 1 (as a result of deflation), B/A is deemed to be 1.

(5)

Before the start of each financial year after the first year of the operation of this clause, the Director-General is to publish notice of the amount of each adjustable fee amount for that financial year (as adjusted under this Schedule) on the following websites:

• (a)

  the NSW legislation website,

• (b)

  the website of the Division of Local Government.

3Rounding of adjustments

If the determination of an adjustable fee amount for a financial year under this Schedule results in an amount that is not a whole number multiple of $1, the amount calculated is to be rounded up to the nearest whole number multiple of $1 and that amount as so rounded is the adjustable fee amount for that year.

Schedule 3

(Repealed)