Companion Animals Amendment (Penalty Notices) Regulation 2005 (NSW)

2005 No 446

New South Wales

Companion Animals Amendment

(Penalty Notices) Regulation 2005

under the

Companion Animals Act 1998

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Companion Animals Act 1998.

KERRY HICKEY, M.P.,

Minister for Local Government

Explanatory note
The object of this Regulation is to amend the Companion Animals Regulation 1999 for the following purposes:

(a)	to increase the prescribed penalty for certain penalty notice offences relating to dangerous dogs and restricted dogs,
(b)	to prescribe an offence under section 16 (1) of the Companion Animals Act 1998 to be a penalty notice offence (that section makes the owner of a dog, or person in charge of a dog, guilty of an offence in certain circumstances if the dog rushes at, attacks, bites, harasses or chases any person or animal) and prescribe a penalty of $550 for that offence if dealt with by penalty notice,
(c)	to remove redundant provisions of the Regulation relating to short descriptions of offences.

This Regulation is made under the Companion Animals Act 1998, including sections 92 and

96 (the general regulation-making power).

Published in Gazette No 105 of 19 August 2005, page 4579	Page 1
2005 No 446
Clause 1	Companion Animals Amendment (Penalty Notices) Regulation 2005

Companion Animals Amendment (Penalty Notices)

Regulation 2005

under the

Companion Animals Act 1998

1      Name of Regulation

This Regulation is the Companion Animals Amendment (Penalty
Notices) Regulation 2005.

2 Amendment of Companion Animals Regulation 1999

The Companion Animals Regulation 1999 is amended as set out in
Schedule 1.

2005 No 446

Companion Animals Amendment (Penalty Notices) Regulation 2005

Amendments	Schedule 1
Schedule 1	Amendments

(Clause 2)

[1]      Clause 35 Penalty notice offences

Omit “Column 3” from clause 35 (b). Insert instead “Column 2”.

[2]      Clause 36 Short descriptions of offences

Omit the clause.

[3]      Schedule 1

Omit the Schedule. Insert instead:

Schedule 1 Penalty notice offences

(Clause 35)

Column 1	Column 2
Provision	Penalty
Offence under the Act
Section 8 (3)	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)
Section 8 (4)	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)
Section 9 (1)	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)
Section 10	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)
Section 10A	$550 (in the case of a dangerous or restricted dog) or $55 (in any other case)
Section 10B	$550 (in the case of a dangerous or restricted dog) or $55 (in any other case)
Section 11 (1) (a)	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)
Section 11 (4)	$110
Section 12	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)
Section 13	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)

2005 No 446	Companion Animals Amendment (Penalty Notices) Regulation 2005
Schedule 1	Amendments

Column 1	Column 2
Provision	Penalty
Section 14 (2)	$1,320 (in the case of a dangerous or restricted dog) or $110 (in any other case)
Section 15 (2)	$110
Section 16 (1)	$550
Section 20	$220
Section 21 (5)	$220
Section 29	$55
Section 30 (2)	$55
Section 31 (5)	$110
Section 36 (1)	$1,320
Section 51 (2)	$1,320
Section 56 (2)	$1,320
Section 60 (1)	$110
Section 61 (1)	$110
Section 62 (2)	$440
Section 71 (4)	$110
Section 76 (1)	$110
Section 90 (2) (a)	$220
Section 90 (2) (b)	$220
Section 91	$110
Offence under this Regulation
Clause 7 (1)	$220
Clause 7 (2)	$110

BY AUTHORITY