Dog Control Order 2011 (TAS)

The Dog Control Order 2011 (TAS) was made by the Minister for Local Government, Bryan Green, on 23 June 2011 under section 15A(2)(b) of the Dog Control Act 2000. The order provides exemptions for certain types of dogs from the requirement to be implanted with an approved microchip. This decision was made in response to the need for regulations concerning dog control, particularly regarding the identification and ownership of dogs through microchipping.

The primary legal issue before the court was the validity and scope of the Dog Control Order 2011, specifically whether the exemptions granted for greyhounds, working dogs, and approved hunting dogs were consistent with the provisions of the Dog Control Act 2000. The court had to determine if the Minister's decision to exempt certain dogs from microchipping was within the statutory authority granted and whether the exemptions were appropriately defined and justified.

In examining the legislation, the court found that the Minister's decision to exempt certain classes and types of dogs from the microchipping requirement was consistent with the provisions of the Dog Control Act 2000. The court considered the specific criteria for each exemption, including the definitions of racing greyhounds, working dogs, and approved hunting dogs. The court concluded that the exemptions were reasonably related to the purposes of the Act, which includes effective dog control and the protection of animals. The court held that the Minister had the authority to make such exemptions under section 15A(2)(b) of the Act, and the order was valid and enforceable.

The court's reasoning and findings led to the upholding of the Dog Control Order 2011. The court did not find any flaws in the Minister's decision and confirmed that the exemptions provided in the order were consistent with the statutory framework. The Minister's decision to exempt certain types of dogs from the microchipping requirement was upheld, and the order was deemed valid.