Domestic Animals Act 1994 (Vic)

Version No. 090

Domestic Animals Act 1994

No. 81 of 1994

Version incorporating amendments as at

20 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

3Definitions

4Parent or guardian deemed to be owner

5Governor in Council exemptions

5AApplicable organisations and recognised organisations

5BApproval of dog obedience training organisations

5CRenewal of approval

5DCondition of approval that report submitted each year of approval

5ERevocation of approval

5FNotice of and submissions on proposal to revoke or not renew approval

5GSurrender of approval by holder

6Minister's power to delegate

6ASecretary's power to delegate

7Exemptions for guide dogs

8Exemptions for dogs used by government authorities

9Act binds the Crown

Part 2—Registration of dogs and cats

Division 1—Registration requirements

10Requirement to apply for registration

10ACouncil may refuse to register dogs and cats unless desexed

10BDogs and cats that are exempt from desexing

10CRefusal of registration of dogs and cats unless permanently identified

10DDogs and cats that are exempt from permanent identification

11Period of registration

12Agents for registration

12ADogs and cats must be permanently identified before sale or being given away

12BOffence as to advertising dogs or cats for sale

12COffence as to publication of advertisements for dogs or cats for sale

12DInterpretation of sell

13Notification of sale by domestic animal business or foster carer

Division 2—Procedures for registration

14Application for registration or renewal of registration

15Registration fees

Division 3—Powers and duties of Councils with respect to registration

16Registration of dogs and cats other than dangerous or restricted breed dogs

17Registration of dangerous and restricted breed dogs

18Council to keep and allow inspection of register

Division 4—Identification of registered animals

19Registration numbers, certificates and identification markers

20Registered dog or cat to have identification marker outside premises

21Unregistered dog or cat must not have identification marker

22Offence to remove or damage identification marker

Part 3—Control of dogs and cats

Division 1—Stray dogs and cats

23Dogs and cats on private property without permission

24Dogs found at large

25Cats found at large

26Dogs and cats found in places specified by the Council

26ADogs and cats found in places specified by the Great Ocean Road Coast and Parks Authority

Division 2—Particular provisions for the control of dogs and cats

27Restraint of greyhounds

28Offence to set on dog to attack

28AOffence to train dogs to attack

29Offences and liability relating to dog attacks

30Owner of livestock able to destroy dog or cat found at large near livestock

31Authorised officer able to destroy dog or cat found at large in certain areas

32Dogs or cats creating a nuisance

33Dogs and cats not to be abandoned

33ACouncil animal shelters and pounds must accept surrendered animals

Division 3—Particular provisions for the control of dangerous dogs

34Council may declare a dog to be dangerous

34ADangerous dogs

35Procedure for making declaration

36Council must give notice of a declaration to owner

37Notification of Council

37AOffence not to advise person acquiring a dangerous dog that it is dangerous dog

38Restraint of dangerous dogs when on owner's premises

39Warning signs

40Identification of dangerous dogs

41Restraint of dangerous dogs off the owner's premises

Division 3A—Particular provisions for the control of menacing dogs

41ADeclaration that a dog is a menacing dog

41BProcedure for declaring a menacing dog

41CCouncil must give notice of a menacing dog declaration to owner

41DNotification of Council in relation to menacing dog

41ERestraint of menacing dogs

Division 3B—Particular provisions for the control of restricted breed dogs

41EBProhibition against breeding from a restricted breed dog

41FNotifications

41GRestraint of restricted breed dogs when on owner's premises

41HWarning signs for restricted breed dogs

41HAIdentification of restricted breed dogs

41IRestraint of restricted breed dogs off the owner's premises

41JLimitation on ownership of restricted breed dogs

41KProhibition on transfer of ownership of restricted breed dogs

41LProhibition on minor having control of dog outside owner's premises

Division 4—Powers and duties of Councils with respect to the control of dogs and cats

42Power of Councils to make local laws

43Power of authorised officer to destroy animals at large in specified areas

44Power of Councils to require restraint of animals

Part 3A—Register of dangerous, menacing and restricted breed dogs

44AADefinition of inspect

44ABSecretary must keep register of dangerous, menacing and restricted breed dogs

44ACPersons who may inspect the register

44ADOffence to inspect etc. information in register

44AECouncils to provide details of dangerous, menacing or restricted breed dogs to Secretary

44AEACouncils to provide details of dogs destroyed in certain circumstances to Secretary

44AFDetails of dangerous, menacing or restricted breed dogs to be provided by Councils

44AGCouncil to provide information about owners of dangerous, menacing or restricted breed dogs

44AGACouncil to provide information if notified by owner of death of dangerous, menacing or restricted breed dog

44AHSecretary may request confirmation of information provided by Councils

44AISecretary may contract out management of the register

Part 4—Regulation of domestic animal businesses and related matters

Division 1—Registration

44AApplication of Division

44BTen fertile female dog limit for breeding domestic animal business

45Offence to conduct domestic animal business on unregistered premises

46Application for registration

47Registration of premises

48Term and renewal of registration

49Fees for registration and renewal of registration

50Animal shelter or pound conducted by Council

Division 2—Surrender or transfer of registration

50AApplication of Division

51Surrender of registration

52Transfer of registration

Division 3—Refusal to register or suspension or revocation of registration

54Powers of Council

54ARegistration where another domestic animal business on rateable property

54BRegistration of breeding domestic animal business premises—10 relevant fertile female dog limit

54CTransfer of registration of breeding domestic animal business premises—10 relevant fertile female dog limit

54DRenewal of registration of breeding domestic animal business premises—10 relevant fertile female dog limit

55Council to give notice

56Council to hear proprietor or applicant

57Notice of Council's decision

57ACourt may cancel or revoke registration

58Revocation or suspension of registration of animal shelter or pound by Minister

Division 3AA—Commercial dog breeder approval

58AAApproval of commercial dog breeders

58ABConsiderations in deciding to grant or renew approval

58ACApplication to Minister for commercial dog breeder approval

58ADChief veterinary officer may ask for report and monitoring

58AEChief veterinary officer may make recommendation

58AFConditions of commercial dog breeder approval

58AGPeriod of approval

58AHTransfer of premises

58AIAutomatic cancellation or suspension of approval

58AJRevocation of approval by Minister

58AKNotice of and submissions on proposal to revoke a commercial dog breeder approval

58AKASurrender of commercial dog breeder approval by holder

58ALCouncil to be notified of matters relating to a commercial dog breeder approval

Division 3A—Registration of business conducted by Council

58AOffence to conduct domestic animal business on unregistered premises

58BApplication for registration

58CRegistration of premises

58DTerm and renewal of registration

58EFees for registration and renewal of registration

58FSurrender of registration

58GTransfer of registration

58HPowers of Minister

58IMinister to give notice

58JMinister to hear proprietor or applicant

58KNotice of Minister's decision

Division 3B—Animal sale permits

58LDefinitions

58MApplication for animal sale permit

58NIssue of animal sale permit

58OConditions on animal sale permit

58PMinister must notify Council of issue of permit before the sale

58QAuthorised officer may close down sale

58RHolder of permit must submit report

58SOffences relating to non-compliance with animal sale permit

Division 3C—Bird sales held by declared bird organisations

58TMinister may declare an organisation to be a declared bird organisation

58UNotice to Secretary of caged bird sales

Division 4—Business codes of practice

59Making of business codes of practice

63Publication, operation and availability of business code of practice

63ANon-compliance with business code of practice an offence

Division 5—Offences

63AAADefinition

63AABOffences as to sale or giving away of animals by pet shops

63AACOffences as to sale or giving away or provision of animals to pet shops

63AADOffences where dog or cat is in foster care and that is not of a certain age

63AAEOffence to sell a dog or cat to an animal shelter or pound

63ABRecord keeping offences for pet shop proprietors

Part 4AA—Keeping of GRV greyhounds

63ACMaking of greyhound codes of practice

63ADOperation and availability of greyhound code of practice

63AENon-compliance with greyhound code of practice an offence

Part 4A—Regulation of the permanent identification of prescribed classes of animal

Division 1—General

63BDefinition

Division 2—Offences

63COffence to offer or provide animal registry service without a licence

63DOffence to sell etc. device that is not prescribed device

63EOffences relating to keeping of records

63FOffences relating to the implantation of permanent identification devices

63GOffence not to give information to licence holder on implantation

63HOffence to provide identifying information in certain circumstances

63IOffence not to provide certain information relating to identification devices to holders of animal registry licences

63JRequirement to scan animals for permanent identification devices

Division 3—Animal registry licences

63KGrant of animal registry licence

63LApplication for an animal registry licence

63MDuration of licences

63NConditions on licences

63ORenewal of licences

63PNotice of proposal to cancel an animal registry licence

63QMaking of submissions on proposal to cancel

63RCancellation of an animal registry licence

63RASurrender of animal registry licence by licence holder

63SRequirements to surrender records

Division 4—Regulation of implanters

63TQualifications for implanters

63UNotice of proposal to impose prohibition on implanting

63VMaking of submissions on the proposal

63WPower of the Secretary to prohibit a person from implanting devices

63XRemoval of prohibition before expiry

Division 5—Transitional matters

63YDevices implanted before 20 May 2003

63ZRequirements to keep and maintain records held before commencement of Part

Part 5—Boarding of dogs and cats

64Responsibility for boarded dogs or cats

65Liens over animals

66Can lien holder dispose of animal?

67Sale of unclaimed animals by lien holders

68Passing of property upon sale of animal

Part 5A—Domestic animal management plans

68ACouncils to prepare domestic animal management plans

Part 5B—Foster carer registration

68BGrant of foster carer registration

68CApplication for foster carer registration

68DRenewal of foster carer registration

68EMatters to be considered in granting or renewing foster carer registration

68FDuration of foster carer registration

68GForm of application for registration or renewal of registration

68HFoster carer registration fees

68IConditions on foster carer registration

68JSuspension or cancellation of registration

68KNotice of and submissions on proposal to suspend, cancel or not renew foster carer registration

Part 5C—Information register and source numbers

Division 1—Definition

68LDefinition

Division 2—Information register

68MSecretary to keep information register

68NInformation as to domestic animal businesses to be given to Secretary

68OInformation as to registered foster carers to be given to Secretary

68PInformation to be given to Secretary for source number applications

68QInformation to be given under section 68N, 68O or 68P

68RSecretary to be given information as to refusal etc. of registration

68SApplicable organisation to give information as to cessation of membership of recreational breeder to Secretary

68TOther information to be included on the information register

68UPersons who may inspect the information register

68VInspections by police officers and public sector bodies

68WOffences as to information register

Division 3—Source numbers

68XSecretary may issue source numbers

68YIssue of source numbers to domestic animal businesses

68ZIssue of source numbers to registered foster carers

68ZAIssue of source numbers to recreational breeders

68ZBIssue of source numbers to other persons or bodies

68ZCPeriod for which source numbers remains in force

68ZDApplication for source numbers or renewal of source numbers

68ZESecretary's decision on application to issue or renew

68ZFGrounds for refusal to issue or suspension or revocation

68ZGNotice of cessation of source number

Part 6—Financial provisions

69Payments to the Treasurer

70Due date for payments to the Treasurer

Part 7—General enforcement

Division 1—Appointment of authorised officers

71Appointment of Departmental authorised officers

71AAppointment of restricted authorised officers

72Appointment of Council authorised officers

72AAppointment of Council contracted authorised officers

72BAppointment of Great Ocean Road Coast and Parks Authority authorised officers

73Identity cards for authorised officers

73AOffence to impersonate authorised officer

Division 2—General enforcement powers of authorised officers

74Entry, search and other powers of authorised officers for some purposes

74AAProduction of documents and records

74ACouncil contracted authorised officers may request name and address, ask questions

Division 3—Enforcement powers—domestic animal businesses and the keeping of GRV greyhounds

74ABDefinition

74ACEntry and search powers to monitor compliance of domestic animal businesses and keeping of GRV greyhounds

74ADApplication for search warrant under section 74AE

74AESearch warrant

74AFSeizure and samples of things not mentioned in the warrant

74AGRequirements for search warrants

74AHApplication of Magistrates' Court Act 1989

74AIAnnouncement before entry

74AJDetails of warrant to be given to occupier

Division 4—Miscellaneous enforcement powers

74BTaking samples from dogs

74CProcedures for taking samples

75Seizure of documents

75AACopies of certain seized things to be given

75ASeizure of records of information recorded in permanent identification devices

75BDisposal of records seized under section 75A

75CApplication of proceeds of sale

76Offences relating to authorised officers

76ANotice to comply

Division 5—Enforcement powers—breeding restricted breed dogs

76BRequirement to make documents available for inspection

76CApproval of Secretary for search warrant

76DSearch warrant for document connected with section 41EB offence

Part 7A—Powers to seize and dispose of dogs or cats and related matters

Division 2—Seizure of dogs or cats

78Seizure of dangerous dogs

79Seizure of restricted breed dogs

80Seizure of dogs believed to be restricted breed dogs

81Seizure of dog urged or trained to attack or having attacked

82Seizure of unregistered dog or cat

82ASeizure of dog or cat from unregistered breeding domestic animal businesses

82BSeizure of dog or cat for certain offences

83Seizure of dog or cat that does not comply with the registration requirements under Act

84Seizure of dog or cat in certain circumstances

84ASeizure of cat without current identification

84BSeizure of dog or cat outside premises

84CSeizure of abandoned dog or cat

84CASeizure of dog involved in suspected breeding offence

84DSeized dog or cat must be delivered up

84DAPerson or body receiving dog or cat must take steps to identify owner

84DBCircumstances in which a dog or cat must be relinquished to a Council authorised officer

84DCVeterinary practitioners who receive a dog or cat may recover certain costs from the owner

84DDVeterinary practitioners and animal shelters must record and report on reunification of pets with owners

Division 3—Search warrants

84ESearch warrants for dogs or cats

84EASearch warrant if restricted breed dog breeding offence suspected of being committed

84EBSearch warrants under this Part

84FAnnouncement before entry

84GDetails of warrant to be given to occupier

84GASeizure of documents or things

Division 4—Steps to be taken after seizure of dog or cat

84HIdentified owners must be served with notice of seizure

84INotice of seizure

84JCustody of seized dogs or cats

84KOwners of dogs believed to be restricted breed dogs must be served with declaration

84LCustody of seized dogs believed to be restricted breed dogs

Division 5—Recovery of seized dog or cat

84MRecovery of dog or cat

84NRecovery of dog believed to be a restricted breed dog

Division 6—Disposal of seized dogs or cats

84OPower to sell or destroy dogs or cats seized under this Part

84PFurther power to destroy dogs

84QProsecution of identified persons suspected of committing offences

84RCouncil may require owner of animal to provide current address

84SCouncil may destroy animals of non-identified dog owners suspected of committing an offence

84TCouncil must destroy dog believed to be a restricted breed dog if owner unknown

84TADestruction of dog that is a danger to the public

84TBImmediate destruction of dog that may cause serious injury or death

84TCDestruction of declared dangerous dog found at large

84TDDisposal of forfeited dog or cat

84USeized animal must be desexed before sold

84VMethod of disposal of dogs or cats

84VARecovery of costs for forfeited dogs or cats

Division 7—Court powers

84WPower of Court to make orders in relation to dogs and cats found outside owners' premises

84WAPower of Court to make orders prohibiting ownership of dogs or cats

84WABOffence not to comply with order under section 84WA

84WCOrder for bond or costs

84WDOrder for disposal if bond or costs not paid

84WEOrder for disposal if owner found guilty

84WFOrder for disposal in certain circumstances

84WGOrder for return of dog or cat

84XPower of Court to order payment of costs and disposal of dogs or cats

Division 7A—Disqualification of person from owning or being in charge or control of a dog

84XACourt may disqualify person from owning or being in charge or control of a dog

84XBSearch warrant for failure to comply with court order

84XCOrder under section 84XA may be suspended

84XDPerson subject to order under section 84XA may apply for variation, suspension or revocation of order

84XEPower of Magistrates' Court to vary etc. order under section 84XA

84XFPerson may not make another application for variation, suspension or revocation of order for 12 months

84XGOrders under section 84XA are to operate consecutively

84XHPerson must comply with order under section 84XA

Division 8—General

84YAgreements to seize, receive, retain or dispose of dogs or cats

84ZOffences relating to seized cats or dogs

84ZAOffence to unlawfully seize or destroy a dog or cat

Part 7B—Infringement notices

85Power to serve infringement notice

88Penalties to be paid for offences under infringement notices

Part 7C—Provisions relating to enforcement and court proceedings

Division 1—Provisions related to court proceedings

91Liability of officers of bodies corporate for offences

92Power to file charge-sheets under this Act

93Service of documents

94Evidentiary provisions

95Payment of fines

95AExtended period to prosecute offence

Division 2—Supplementary offences

96Offence to sell certain animals outside certain places

97False information

Part 7D—Review of decisions by Victorian Civil and Administrative Tribunal

98Review of decisions by Victorian Civil and Administrative Tribunal

98AAAOrder for costs of retaining restricted breed dog in custody

98AAReview of decisions made under Part 4A

Part 7E—Identification of restricted breed dogs

98APower of authorised officers to make declarations as to breed of dogs

98BService of notice of declaration

98CApplication of certain offences at the time of the making of a declaration

Part 7F—Animal Welfare Fund

98DAnimal Welfare Fund

98EPayments into the Fund

98FInvestment of money in the Fund

98GPayment of money out of the Fund

Part 8—General

99Supreme Court—Limitation of Jurisdiction

100Regulations

100ACouncil must give information to Secretary

100BOffence to disclose information

100CPermitted disclosures

100DDisclosure of information by Councils

Part 9—Repeals and transitional provisions

101Repeal of Dog Act

102Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007

103Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007

104Transitional provision—Primary Industries Legislation Amendment Act 2009

105Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010

105ATransitional provision—Domestic Animals Amendment (Puppy Farms and Pet Shops)  Act 2017

106Transitional provision—Primary Industries Legislation Amendment Act 2012

107Transitional provision—Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022

Schedule

Registration fees

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 090

Domestic Animals Act 1994

No. 81 of 1994

Version incorporating amendments as at

20 November 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purpose

The purpose of this Act is to promote animal welfare, the responsible ownership of dogs and cats and the protection of the environment by providing for—

(a)a scheme to protect the community and the environment from feral and nuisance dogs and cats; and

(b)a registration and identification scheme for dogs and cats which recognises and promotes responsible ownership; and

(c)the identification and control of dangerous dogs, menacing dogs and restricted breed dogs; and

(d)a registration scheme for domestic animal businesses which promotes the maintenance of standards of those businesses; and

(da)the regulation of matters relating to the breeding and sale of dogs and cats; and

(db)the registration of foster carers for certain purposes; and

(e)matters related to the boarding of dogs and cats; and

(ea)the regulation of the permanent identification of dogs, cats, horses and other animals; and

(f)payments to the Treasurer from fees received by Councils under this Act; and

(g)other related matters.

2Commencement

(1)Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)If a provision referred to in subsection (2) does not come into operation within the period of 24 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3Definitions

(1)In this Act—

*                *                *                *                *

animal registry licence means a licence granted under section 63K;

animal registry service means a service of keeping and maintaining records relating to a prescribed class of animal that, in relation to each animal about which records are kept and maintained—

(a)contain identifying information about the animal and the owner of the animal; and

(b)are referenced to the animal through information contained in a permanent identification device implanted in the animal; and

(c)are not records maintained by a Council for the purposes of registration under Part 2; and

(d)are not records kept and maintained solely for the purpose of tracing the pedigree lineage of an animal of a prescribed class of animal;

animal sale permit means an animal sale permit issued under section 58N(1);

animal shelter means any premises maintained for the purpose of providing temporary care or finding new homes for stray, abandoned or unwanted dogs or cats, but does not include premises on which foster care is being provided;

Animal Welfare Fund means the Animal Welfare Fund established under Part 7F;

applicable organisation means an organisation that is the holder of an applicable organisation approval;

applicable organisation approval means an approval under section 5A(1), including an approval that is renewed under section 5C;

approved commercial dog breeder means a person who has a commercial dog breeder approval;

approved dog obedience training organisation means an organisation that holds a dog obedience training organisation approval;

authorised implanter means a person—

(a)who is qualified in accordance with section 63T; and

(b)who is not a prohibited implanter;

authorised officer means a person appointed as an authorised officer under section 71, 71A, 72, 72A or 72B;

boardin relation to a dog or cat, means the taking of custody or possession of the dog or cat for keeping, accommodation, care, training or feeding for fee or reward;

breeding domestic animal business means a domestic animal business to which paragraph (b) or (c) of the definition of domestic animal business applies;

business code of practice means a code of practice made under section 59;

caged bird sale means an event conducted over a day or days at which caged birds are sold;

chief veterinary officer has the same meaning as in the Meat Industry Act 1993;

commercial dog breeder approval means an approval under section 58AA;

community foster care network means an organisation that—

(a)arranges temporary housing for cats or dogs in private residential premises instead of other premises; and

(b)seeks permanent housing for the dogs or cats;

Councilhas the same meaning as in the Local Government Act 2020;

Council authorised officer means a person appointed as an authorised officer under section 72;

Council contracted authorised officer means a person appointed as an authorised officer under section 72A;

Council land means—

(a)land owned or managed by a Council; or

Examples

Parks and road reserves.

(b)roads and public highways that a Council has the care and management of under section 205 of the Local Government Act 1989;

dangerous dog means—

(a)a dog which has been declared to be dangerous by a Council under Part 3;

(b)a dog which by virtue of the operation of section 34A is a dangerous dog;

declared bird organisation means an organisation that is declared to be a declared bird organisation under section 58T;

Department means the Department of Jobs, Precincts and Regions;

Departmental authorised officer means a person appointed as an authorised officer under section 71;

desexing in relation to a dog or cat means a surgical procedure to remove all or part of the reproductive organs of the dog or cat to prevent it breeding and to prevent or eliminate secondary sexual behaviours;

dog obedience training organisation approval means an approval under section 5B(1), including an approval that is renewed under section 5C;

domestic animal business means—

(a)an animal shelter, Council pound or pet shop; or

(b)an enterprise which carries out the breeding of dogs (other than GRV greyhounds) to sell, if the enterprise has 3 or more fertile female dogs and the proprietor is not a recreational breeder; or

(c)an enterprise which carries out the breeding of cats to sell, if the enterprise has 3 or more fertile female cats and the proprietor is not a recreational breeder; or

(d)an enterprise which trains or boards dogs (other than GRV greyhounds) or cats for the purpose of profit; or

(e)an enterprise which rears or keeps dogs (other than GRV greyhounds) or cats—

(i)for the purpose of profit or sale; or

(ii)for a fee or for exchange of services;

*                *                *                *                *

*                *                *                *                *

farm working dog means a dog that herds, droves, protects, tends or works stock on land used solely or primarily for primary production;

farmer means a person engaged in primary production whose primary source of income is from that primary production;

foster care means the care of a stray, abandoned or unwanted dog or cat (whether or not as part of a community foster care network) that is temporary or for the purpose of finding a new home for the dog or cat and that takes place on premises on which the care is being provided to no more than—

(a)5 dogs or animal adult equivalent dogs; or

(b)5 cats or animal adult equivalent cats; or

(c)a combination of 5 dogs and cats or animal adult equivalent dogs and cats;

foster carer registration means a registration under section 68B, including a registration that is renewed under section 68D;

Great Ocean Road coast and parks has the same meaning as in section 3 of the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road Coast and Parks Authority authorised officer means a person appointed under section 72B;

greyhound code of practice means a code of practice made under section 63AC;

Greyhound Racing Victoria has the same meaning as in Division 2 of Part III of the Racing Act 1958;

GRV greyhound means a greyhound registered with Greyhound Racing Victoria except a greyhound that has—

(a)gone through a greyhound adoption program operated by Greyhound Racing Victoria; or

(b)been retired from the industry and is being kept in the community as a pet by a person who is not registered by Greyhound Racing Victoria as a greyhound racing participant;

implant includes insert;

information register means the register established and maintained under section 68M;

keeping in relation to a GRV greyhound, includes any one or more of the following activities—

(a)the breeding of a GRV greyhound;

(b)the rearing of a GRV greyhound;

(c)the training of a GRV greyhound;

(d)the breaking of a GRV greyhound;

(e)the racing of a GRV greyhound;

(f)the boarding of a GRV greyhound;

(g)any other activity that involves the care of a GRV greyhound;

Note

The breaking of a greyhound involves teaching the greyhound to jump from a starting box and to chase a lure.

laceration means a wound caused by—

(a)the tearing of body tissue; or

(b)multiple punctures caused by more than one bite from a dog;

local law means a local law made under the Local Government Act 2020;

menacing dog means a dog which has been declared to be a menacing dog by a Council under Part 3;

microbreeder means—

(a)a person who carries out the breeding of dogs to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female dogs; or

(b)a person who carries out the breeding of cats to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female cats;

municipal district has the same meaning as in the Local Government Act 2020;

notice of seizure means a notice under section 84I;

owner in respect of a dog or cat, includes a person who keeps or harbours the animal or has the animal in his or her care for the time being whether the animal is at large or in confinement;

permanent identification device means a microchip or other electronic device that is capable of being permanently implanted in an animal of a prescribed class of animal and that is designed to record information in a manner that can be electronically retrieved;

pet shop means a shop—

(a)situated in a permanent location; and

(b)open not less than 5 days a week, excluding a public holiday appointed under the Public Holidays Act 1993; and

(c)where a dog, cat, rabbit, guinea pig, mouse, reptile, caged bird or any other similar animal of a class or kind prescribed by the regulations is offered for sale, sold or bought and sold;

police officer has the same meaning as in the Victoria Police Act 2013;

pound means any premises maintained for the purpose of impounding dogs or cats;

prescribed class of animal means any of the following—

(a)dogs;

(b)cats;

(c)horses;

(d)a class of animal prescribed by the regulations;

prescribed identifying information in relation to an animal of a prescribed class of animal, means information about the animal and the owner of the animal (within the meaning of Part 4A) the nature of which is prescribed;

prescribed permanent identification device means a permanent identification device that is of a class of permanent identification devices that is prescribed by the regulations;

primary production means the maintenance of animals or poultry for the purpose of selling them or their natural increase or bodily produce;

prohibited implanter means a person who is prohibited by the Secretary from implanting permanent identification devices in animals of prescribed classes of animal under Division 4 of Part 4A;

proprietor in relation to a domestic animal business means the owner or occupier of the premises at which the business is conducted;

rateable property has the same meaning as in section 3 of the Local Government Act 2020;

recognised organisation means an organisation declared to be a recognised organisation by the Minister under section 5A;

recreational breeder means—

(a)a person who carries out the breeding of dogs to sell—

(i)who is registered with an applicable organisation as a breeding member; and

(ii)who has no more than 10 fertile female dogs all of which are registered with the applicable organisation; or

(b)a person who carries out the breeding of cats to sell—

(i)who is registered with an applicable organisation as a breeding member; and

(ii)who has no more than 10 fertile female cats all of which are registered with the applicable organisation;

registered foster carer means a person who holds a foster carer registration;

relevant Council, in relation to a domestic animal business, means the Council of the municipal district in which the premises is situated on which the domestic animal business is being or is proposed to be conducted;

relevant fertile female dog means a female dog, 12 months of age or more, that has not been rendered permanently infertile;

restricted authorised officer means a person appointed as an authorised officer under section 71A;

restricted breed dog means a dog that is any one of the following breeds—

(a)Japanese Tosa;

(b)fila Brasileiro;

(c)dogo Argentino;

(d)Perro de Presa Canario (or Presa Canario);

(e)American Pit Bull Terrier (or Pit Bull Terrier);

rush at, in relation to a dog, means to approach a person to a distance of less than 3 metres in a menacing manner, displaying aggressive tendencies that may include snarling, growling and raised hackles;

scanmeans to pass a reader over the skin of an animal of a prescribed class of animal or a permanent identification device at a distance of no greater than 50 millimetres and at a sweep speed of no greater than 50 centimetres per second;

Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

sell has the same meaning as in the Wildlife Act 1975;

serious injury means—

(a)an injury requiring medical or veterinary attention in the nature of—

(i)a broken bone; or

(ii)a laceration; or

(iii)a partial or total loss of sensation or function in a part of the body; or

(b)an injury requiring cosmetic surgery;

source number means a number issued under Division 3 of Part 5C;

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vehicle includes a motor car, bus, bicycle, truck or motor cycle.

veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997.

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(3)A dog that falls within an approved standard for a breed of dog specified in a paragraph of the definition of restricted breed dog is taken to be a dog of that breed.

(4)For the purposes of subsection (3) an approved standard is a standard that has been approved by the Minister and published in the Government Gazette.

(5)In this Act—

(a)a fertile female dog or cat and the litter of that dog or cat are taken as one animal adult equivalent if the offspring in the litter are with the dog or cat and are under 8 weeks old; and

(b)the offspring in a dog's or cat's litter are taken as one animal adult equivalent if the offspring are not with the dog or cat and are under 16 weeks old.

(6)For the purpose of paragraph (b) of the definition of domestic animal business, a farmer is not to be taken to be conducting a domestic animal business in respect of any fertile female dog that the farmer has that—

(a)is primarily being kept or worked by the farmer as a farm working dog; or

(b)is primarily being trained to be a farm working dog by the farmer.

4Parent or guardian deemed to be owner

Where the owner of a dog or cat is under the age of 18 years, for the purposes of this Act, the parent or guardian of that person is deemed to be the owner.

5Governor in Council exemptions

(1)The Governor in Council may by order published in the Government Gazette exempt—

(a)any animal or class of animal; or

(ab)any person or class of person; or

(b)any domestic animal business or class of domestic animal business—

from the operation of all or any of the provisions of this Act or the regulations.

(2)The Governor in Council may impose conditions on an exemption that the Governor in Council considers to be appropriate in the circumstances.

(3)An order under this section may apply, adopt or incorporate any matter contained in any document, standard, code of practice, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(a)wholly or partially or as amended by the order; or

(b)as formulated, issued, prescribed or published at the time the order is made or at any time before then.

(4)In this section—

code of practice means any of the following—

(a)a business code of practice;

(b)a greyhound code of practice;

(c)a Code of Practice made under section 7 of the Prevention of Cruelty to Animals Act 1986.

5AApplicable organisations and recognised organisations

(1)The Minister may approve an organisation as an applicable organisation, by notice published in the Government Gazette, if—

(a)the organisation has applied to the Minister to be approved as an applicable organisation; and

(b)the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines; and

(c)the organisation does not represent owners of dogs of a breed whose importation into Australia is prohibited under the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth.

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(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 in accordance with subsection (2); and

(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.

(2)An application to be a recognised organisation must include—

(a)a copy of the organisation's annual report of the preceding year; and

(b)the organisation's code of ethics and details of how the code is enforced; and

(c)the outcome of any disciplinary action taken by the organisation for breaches of the ethics code during the preceding year; and

(d)any other information required by the Minister.

(3)An application for an applicable organisation approval—

(a)must include a report containing the prescribed details about the organisation and its activities; and

(b)must include the organisation's code of ethics and details of how the code is enforced; and

(c)must include the outcome of any disciplinary action taken by the organisation for breaches of the code of ethics during the preceding year; and

(d)must include any other information required by the Minister; and

(e)must be accompanied by the prescribed application fee.

(4)In making a decision to give an applicable organisation approval, the Minister may consider any information included in or accompanying the application for the approval.

(5)An applicable organisation approval must specify the following—

(a)the period for which the approval is to remain in force, which must not exceed 3 years;

(b)the matters that must be set out in the report required by the condition in section 5D(b);

(c)any condition to which the Minister considers that the approval should be
subject.

(6)An applicable organisation approval remains in force until the earlier of—

(a)the period determined under subsection (5)(a); or

(b)the revocation of the approval.

5BApproval of dog obedience training organisations

(1)For the purposes of this Act the Minister may approve an organisation to provide dog obedience training.

(2)The Minister may give an approval under subsection (1) if—

(a)the organisation has applied to the Minister in accordance with subsection (4); and

(b)the Minister is satisfied that—

(i)the organisation is established for the purpose of providing wide representation to the dog obedience training community; and

(ii)adequate dog obedience training in the prescribed matters is or will be provided by or on behalf of the organisation; and

(iii)the individuals who train or will train the dogs are adequately trained in the prescribed matters.

(3)In making a decision to approve an organisation the Minister may consider any information included in or accompanying the application for approval under this section.

(4)An application for approval under this section—

(a)must include a report containing the prescribed details about the organisation and its activities; and

(b)must include any other information required by the Minister; and

(c)must be accompanied by the prescribed application fee.

(5)An approval under subsection (1) must specify the following—

(a)the period for which the approval is to remain in force, which must not exceed 3 years;

(b)the matters that must be set out in the report required by the condition in section 5D(b);

(c)any condition to which the Minister considers the approval should be subject.

(6)An approval under subsection (1) remains in force until the earlier of—

(a)the period determined by the Minister; or

(b)the revocation of the approval.

5CRenewal of approval

(1)The holder of a dog obedience training organisation approval or applicable organisation approval may apply to the Minister for renewal of the approval.

(2)An application under subsection (1)—

(a)must include a report containing the prescribed details about the organisation and its activities; and

(b)must include any other information required by the Minister; and

(c)must be accompanied by the prescribed application fee.

(3)An application under subsection (1) must be made at least 60 days (or any lesser period approved by the Minister) before the expiry of the approval period specified in the approval.

(4)The Minister may renew the approval if—

(a)in the case of a dog obedience training organisation approval, the Minister continues to be satisfied of the matters set out in section 5B(2)(b); or

(b)in the case of an applicable organisation approval, the Minister continues to be satisfied of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

(5)In making a decision to renew an approval of an organisation under this section the Minister may consider any information included in or accompanying the application for renewal of approval under this section.

(6)The Minister must not renew the approval if the organisation has failed to submit any report as required by the condition in section 5D.

(7)A renewed approval under this section must specify the following—

(a)the period for which the renewed approval is to remain in force, which must not exceed 3 years;

(b)any conditions that apply to the renewed approval;

(c)the matters that must be set out in the report required by the condition in section 5D(b).

5DCondition of approval that report submitted each year of approval

It is a condition of a dog obedience training organisation approval and an applicable organisation approval that the organisation must submit a report to the Minister by 31 July in each year that sets out—

(a)the prescribed matters; and

(b)any other matters specified by the Minister in the approval or renewed approval.

5ERevocation of approval

The Minister may revoke a dog obedience training organisation approval or an applicable organisation approval if—

(a)the organisation has failed to submit a report required by the condition in section 5D; or

(b)in the case of a dog obedience training approval, the Minister is not satisfied of any of the matters set out in section 5B(2)(b); or

(c)in the case of an applicable organisation approval, the Minister is not satisfied of any of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

5FNotice of and submissions on proposal to revoke or not renew approval

(1)If the Minister proposes to revoke a dog obedience training organisation approval or an applicable organisation approval, or proposes not to renew such an approval, before doing so the Minister must give notice in writing to the organisation stating—

(a)the reasons for the proposal; and

(b)that the organisation may make submissions to the Minister on the proposal within the period specified in the notice.

(2)The holder of the approval may make written submissions to the Minister in relation to the proposal to revoke or not renew the approval within the period specified in the notice under subsection (1).

(3)The Minister must consider any submission made under subsection (2), before deciding to revoke the approval or not to renew the approval.

(4)The Minister must give written notice of the Minister's decision under this section to the relevant organisation.

(5)A decision by the Minister to revoke an approval under section 5E takes effect on the later of the following—

(a)on the day the notice under subsection (4) is given to the relevant organisation;

(b)on the date specified in that notice (if any).

5GSurrender of approval by holder

(1)The holder of a dog obedience training organisation approval or an applicable organisation approval may by written notice surrender the approval to the Minister for cancellation.

(2)On receipt of the notice the Minister must notify the holder in writing that the dog obedience training organisation approval or applicable organisation approval is cancelled.

(3)The cancellation of the approval takes effect on—

(a)the date the notice is given to the holder; or

(b)any later date specified in the notice.

6Minister's power to delegate

The Minister may, in writing, delegate to any employee employed under the PublicAdministration Act 2004 in the administration of this Act, the powers and duties of the Minister—

(a)under section 5A, 5B, 5C, 5E, 5F or 5G; or

(b)to approve organisations under section 7; or

(ba)to declare an organisation as a declared bird organisation under section 58T; or

(c)to appoint Departmental authorised officers under section 71 or restricted authorised officers under section 71A; or

(d)to register a premises under section 58C, including imposing terms, conditions, limitations or restrictions on that registration, but not including any powers under section 58H in relation to the registration of a premises; or

(e)under Division 3B of Part 4.

6ASecretary's power to delegate

The Secretary may, in writing, delegate to any person, all or any of the Secretary's powers, duties or functions under this Act or the regulations.

7Exemptions for guide dogs

(1)A visually impaired person or hearing impaired person who keeps and uses a dog as a guide dog is not liable for an offence under this Act in respect of that dog, where, in acting in the manner which would constitute the offence, the dog was performing its functions as a guide dog.

(2)In the case of a dog which is owned by an organisation which trains guide dogs and which is approved by the Minister, the owner is not liable for an offence under this Act in respect of that dog, where in acting in the manner which would constitute the offence, the dog was being trained as a guide dog.

(3)Despite Part 2—

(a)a visually impaired person or hearing impaired person who keeps and uses a dog as a guide dog is not required to pay a fee for the registration of that dog; or

(b)an organisation which trains guide dogs and which is approved by the Minister under subsection (2), is not required to pay a fee for the registration of a dog owned by the organisation which is being trained as a guide dog.

(4)Despite anything in any other Act or subordinate instrument a visually impaired person, hearing impaired person or person training a guide dog may, at all times and in all places, be accompanied by a dog kept and used, or trained by him or her as a guide dog.

8Exemptions for dogs used by government authorities

(1)In the case of a dog working with a person who is carrying out duties for a Department or Agency of the State or Commonwealth, that person is not liable for an offence under this Act in respect of that dog, where, in acting in the manner which would constitute the offence, the dog was working with that person.

(2)Despite anything in any other Act or subordinate instrument a person to whom subsection (1) applies is entitled to be accompanied by that dog at all times and in all places while he or she is working with the dog.

(3)Despite Part 2, the owner of a dog working with a person who is carrying out duties for a Department or Agency of the State or Commonwealth is not required to pay a fee

for the registration of that dog.

9Act binds the Crown

This Act binds the Crown in right of the State of Victoria, and also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

PART 2—REGISTRATION OF DOGS AND CATS

Division 1—Registration requirements

10Requirement to apply for registration

(1)The owner of a dog or cat must apply to register that dog or cat with the Council of the municipal district in which the dog or cat is kept, if the animal is over 3 months old.

Penalty:20 penalty units.

(2)The owner of a dog or cat which is registered must apply for renewal of the registration of that dog or cat with the Council of the municipal district in which the dog or cat is kept, before the expiration of the current registration.

Penalty:20 penalty units.

(3)If a person is making an application under subsection (1) 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:10 penalty units.

(4)This section does not apply in relation to a dog or cat that is—

(a)being kept at an animal shelter or Council pound that is a domestic animal business conducted on premises that are registered under section 47; or

(b)being kept in foster care under an agreement made with an animal shelter or Council pound in accordance with the relevant business code of practice.

10ACouncil may refuse to register dogs and cats unless desexed

(1)A Council may resolve that it will not, after a specified future date, register or renew the registration of a dog or cat unless the dog or cat—

(a)is desexed; or

(b)is exempted under this Act from any requirement to be desexed.

(2)A Council may resolve to amend or revoke any resolution made under this section.

(3)If a Council makes a resolution under this section—

(a)it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and

(b)it must give effect to the resolution.

(4)A Council must not register or renew the registration of a dangerous dog or a restricted breed dog unless the dog—

(a)is desexed; or

(b)in the case of a dangerous dog that is not also a restricted breed dog, is exempt under section 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed; or

(c)in the case of a restricted breed dog, is exempt under section 10B(1)(e) from the requirement to be desexed.

10BDogs and cats that are exempt from desexing

(1)The following dogs and cats do not have to be desexed to be registered or to have their registration renewed by a Council—

(a)a dog or cat that is owned by a person or body that conducts a domestic animal business under which dogs or cats are bred and the dog or cat is used for breeding purposes in connection with that business;

(b)a dog or cat that is owned by a person who is a current member of an applicable organisation and the animal is registered with that organisation;

(c)a dangerous dog that is kept as a guard dog for non-residential premises;

(d)a dangerous dog that has undergone protection training in accordance with any relevant business code of practice;

(e)a dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is desexed;

(f)a dog or cat that is of a class of dog or cat that is exempt under a resolution made under section 10A from a requirement to be desexed.

(1A)For the purposes of subsection (1)(e), the written veterinary advice must—

(a)be given by a veterinary practitioner after he or she has personally examined the dog or cat; and

(b)include the reasons why the health of the dog or cat is liable to be significantly prejudiced if it is desexed.

(2)A Council may, in any resolution made under section 10A, exempt a class of dog or cat from any requirement to be desexed for the purposes of registration or the renewal of registration.

(3)Subsection (2) does not apply to a dangerous dog or a restricted breed dog.

10CRefusal of registration of dogs and cats unless permanently identified

(1)A Council must not register a dog or cat unless the dog or cat—

(a)has been implanted with a prescribed permanent identification device; or

(b)is of a class of dog or cat that is exempt, under a resolution made under section 10D(3), from the requirement to be implanted with such a device; or

(c)is otherwise exempted under this Act from the requirement to be implanted with such a device; or

(d)subject to subsection (2), has previously been registered with that Council at any time in the 12 month period immediately before the application for registration was lodged.

(2)Subsection (1)(d) does not apply if a resolution of the Council under subsection (3) is in effect under which dogs or cats of the same class as the dog or cat are required to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration.

(3)A Council may resolve that it will not, after a specified future date, renew the registration of any dog or cat unless the dog or cat—

(a)has been implanted with a prescribed permanent identification device; or

(b)is exempted under this Act from any requirement to be implanted with such a device.

(4)A Council may resolve to amend or revoke any resolution made under this section.

(5)If a Council makes a resolution under this section—

(a)it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and

(b)it must give effect to the resolution.

(6)A Council must not register or renew the registration of a dangerous dog, a menacing dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device.

10DDogs and cats that are exempt from permanent identification

(1)This section does not apply to a dangerous dog, a menacing dog or a restricted breed dog.

(2)A dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is implanted with a prescribed permanent identification device is exempt from any requirement to be so implanted for the purposes of registration or the renewal of registration.

(2A)For the purpose of subsection (2), the written veterinary advice must—

(a)be given by a veterinary practitioner after the veterinary practitioner has personally examined the dog or cat; and

(b)include the reasons why the health of the dog or cat is liable to be significantly prejudiced if the dog or cat is implanted with a prescribed permanent identification device.

(3)A Council may resolve that a class of dog or cat is exempted from any requirement to be implanted with a prescribed permanent identification device for the purposes of registration.

(4)A Council may, in any resolution made under section 10C, exempt a class of dog or cat from any requirement to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration.

(5)A Council may resolve to amend or revoke any resolution made under this section.

(6)If a Council makes a resolution under this section—

(a)it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and

(b)it must give effect to the resolution.

11Period of registration

The registration of a dog or cat or renewal of such registration remains in force until 10 April of the year following the registration or renewal.

12Agents for registration

(1)A Council may appoint a person or organisation to act as an agent for the Council in the registration of cats and dogs, other than dangerous dogs if that person or organisation is—

(a)registered as a veterinary practitioner under the Veterinary Practice Act 1997; or

(b)the proprietor of a domestic animal business conducted on registered premises; or

(c)approved by the Council for that purpose.

(2)An agent must—

(a)register or renew the registration of an animal if the application is in order and accompanied by the appropriate fee; or

(b)refer an application to register or renew registration to the Council.

12ADogs and cats must be permanently identified before sale or being given away

(1)A person must not sell, or give away, a dog or cat unless the dog or cat has been implanted with a prescribed permanent identification device.

Penalty:10 penalty units.

(1A)It is not an offence under subsection (1) for a person to give away a dog or cat that is not implanted with a prescribed permanent identification device to a shelter or pound.

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12BOffence as to advertising dogs or cats for sale

(1)A person must not advertise a dog or cat for sale, or cause a dog or cat to be advertised for sale, unless—

(a)the advertisement includes the source number of the person who is selling the dog or cat; and

(b)one of the following applies—

(i)the advertisement includes the unique number contained in the microchip contained in the prescribed permanent identification device implanted in the dog or cat;

(ii)the dog or cat is the subject of written veterinary advice under section 10D(2) and (2A).

Penalty:5 penalty units.

(2)The requirement under subsection (1)(a) on a person advertising a dog for sale or causing a dog to be advertised for sale to include the source number of the person in the advertisement does not apply if the dog is a GRV greyhound.

12COffence as to publication of advertisements for dogs or cats for sale

(1)A person must not publish an advertisement of a dog or cat for sale, or cause the publication of an advertisement of a dog or cat for sale, unless—

(a)the advertisement includes the source number of the person who is selling the dog or cat; and

(b)one of the following applies—

(i)the advertisement includes the unique number contained in the microchip contained in the prescribed permanent identification device implanted in the dog or cat;

(ii)the dog or cat is the subject of written veterinary advice under section 10D(2) and (2A).

Penalty:In the case of a natural person, 5 penalty units;

In the case of a body corporate, 20 penalty units.

(2)The requirement under subsection (1)(a) on a person publishing an advertisement of a dog for sale or causing the publication of an advertisement of a dog for sale to include the source number of the person selling the dog in the advertisement does not apply if the dog is a GRV greyhound.

12DInterpretation of sell

In section 12B and 12C a reference to selling or sale includes a reference to giving away.

13Notification of sale by domestic animal business or foster carer

(1)If the proprietor of a domestic animal business sells, or gives away, a dog or cat which is not registered, he or she must notify the Council with which the animal should be registered of—

(a)the sale, or the giving away of the animal; and

(b)a description of the animal; and

(c)the name and address of the new owner of the animal; and

(d)the unique number of the microchip contained in the prescribed permanent identification device implanted in the animal.

Penalty:3 penalty units.

(2)If a registered foster carer sells, or gives away, a dog or cat which is not registered, the foster carer must notify the Council with which the animal should be registered of—

(a)the sale, or the giving away of the animal; and

(b)a description of the animal; and

(c)the name and address of the new owner of the animal; and

(d)the unique number of the microchip contained in the prescribed permanent identification device implanted in the animal.

Penalty:3 penalty units.

(3)A notification under this section must be made within 7 days after the sale or giving away of the animal.

Division 2—Procedures for registration

14Application for registration or renewal of registration

An application for registration or renewal of registration of a dog or cat must—

(a)be made to the Council or an agent appointed by the Council; and

(b)be in the form approved by the Council; and

(c)be accompanied by—

(i)the relevant fee fixed by the Council; and

(ii)if relevant, evidence in a form required by the Council that the dog or cat is desexed; and

(iii)if relevant, evidence in a form required by the Council that the dog or cat is implanted with a prescribed permanent identification device.

15Registration fees

(1)A Council must, by resolution, fix fees to be paid for registration or renewal of registration under this Part.

(2)If a dog or cat is required to be registered for part only of a year, the Council may permit a pro rata fee to be paid for that registration which represents that proportion of the year for which the animal is registered.

(3)A resolution under subsection (1) must adopt the principles set out in this section but may make provision for other matters including the circumstances in which a fee or part of a fee may be refunded.

(4)A scheme of registration fees in respect of dogs or cats must apply the following principles—

(a)the maximum fee is to be payable in respect of a class of dog described in Column 1 of Part 1 of the Schedule or a class of cat described in Column 1 of Part 2 of the Schedule;

(b)the reduced fee is to be payable in respect of a class of dog described in Column 2 of Part 1 of the Schedule or a class of cat described in Column 2 of Part 2 of the Schedule;

(c)in the case of a dangerous dog (that is not of a class of dangerous dog referred to in paragraph (d)), a menacing dog or a restricted breed dog, the fee payable must be no less than the amount of the maximum fee for a dog under paragraph (a);

(d)the fee payable in respect of a dangerous dog in any of the following classes is to be the same amount as the maximum fee for a dog under paragraph (a)—

(i)a dangerous dog that is kept, or at any time has been kept, as a guard dog for non-residential premises; or

(ii)a dangerous dog that has undergone protection training in accordance with any relevant business code of practice;

(e)the fee payable for a dog (other than a dangerous dog) that is kept in foster care by a registered foster carer—

(i)for the first registration period under section 11 that the dog is so kept, must not be more than twice the amount required to be paid by the Council to the Treasurer under section 69 in respect of the registration or renewal of registration of a dog; and

(ii)on and after the first registration period under section 11, is the fee determined in accordance with the other provisions of this section, or any lesser fee fixed by the Council;

(f)the fee payable for a cat that is kept in foster care by a registered foster carer—

(i)for the first registration period under section 11 that the cat is so kept, must not be more than twice the amount required to be paid by the Council to the Treasurer under section 69 in respect of the registration or renewal of registration of a cat; and

(ii)on and after the first registration period under section 11, is the fee determined in accordance with the other provisions of this section, or any lesser fee fixed by the Council.

(5)In fixing a maximum fee for registration of dogs or cats, the Council must fix a fee which is at least 3 times greater than the reduced fee.

(6)A Council must waive 50% of a registration fee which a person would otherwise be required to pay for a dog or cat under this section if that person—

(a)is an eligible recipient within the meaning of the State Concessions Act 2004; and

(b)has completed and given to the Council an application for such a waiver in the form approved by the Council.

(7)Subsection (6) does not apply to a dangerous dog, a menacing dog or a restricted breed dog.

Division 3—Powers and duties of Councils with respect to registration

16Registration of dogs and cats other than dangerous or restricted breed dogs

A Council must register or renew the registration of a dog or cat (other than a dangerous dog or a restricted breed dog) that is required to be registered under this Act if—

(a)the application for registration or renewal of the registration is accompanied by the appropriate fee and otherwise complies with this Act and the regulations; and

(b)any pre-condition for registration or the renewal of registration imposed by or under this Act in respect of the cat or dog has been met.

17Registration of dangerous and restricted breed dogs

(1)A Council may register or renew the registration of a dangerous dog and may impose conditions upon the registration of that dog.

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(1A)A Council—

(a)may register or renew the registration of a restricted breed dog; and

(b)may impose conditions on the registration or the renewal of the registration of a restricted breed dog.

Note

Under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device.

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(2)If the Council proposes to exercise a discretion not to register or renew the registration of a dangerous dog or a restricted breed dog that is able to be registered or have its registration renewed by the Council under this Act, the Council must—

(a)notify the owner; and

(b)allow the owner the opportunity to make both written and oral submissions to the Council.

(3)The Council must consider any submission to it before making its decision.

(4)If the Council has decided not to register or renew the registration of a dangerous dog or a restricted breed dog, it must serve written notice of that decision on the owner.

(5)The notice must—

(a)be served within 7 days of the making of the decision; and

(b)give reasons for the decision.

18Council to keep and allow inspection of register

(1)The Council must keep a register of all registered dogs and cats at the Council office.

(2)The registration of any dog or cat may be inspected by any person—

(a)during office hours; and

(b)upon payment of the fee fixed by the Council for the inspection of that registration.

(3)A person may—

(a)make a record of the information contained in the registration of a dog or cat; or

(b)obtain a certificate from the Council setting out all or any requested particulars in relation to the registration of a dog or cat—

upon payment of the fee fixed by the Council for making such a record or obtaining such a certificate.

Division 4—Identification of registered animals

19Registration numbers, certificates and identification markers

(1)The Council must—

(a)allocate a registration number to every dog or cat which is registered; and

(b)give or send to the owner a registration certificate in the form approved by the Council; and

(c)issue to the owner of a registered cat or a registered dog, an identification marker which identifies, either directly or indirectly, the name of the Council and the registration number of the animal.

(2)If a person is the owner of a dangerous dog, a menacing dog or a restricted breed dog, that person must ensure that the dog is implanted with a prescribed permanent identification device.

Penalty:5 penalty units.

20Registered dog or cat to have identification marker outside premises

(1)If a registered dog or cat is found outside the owner's premises without the identification required by section 19, the owner is guilty of an offence and liable to a penalty of not more than 2 penalty units.

(2)Subsection (1) does not apply to—

(a)a fox hound, beagle or greyhound engaged in a public coursing match or in a hunt organised by a hunt club registered with the Hunts Club Association of Victoria Incorporated or any successor in law of that association; or

(b)a dog that is being kept or used as or being trained to be a farm working dog; or

(c)a dog that is going from place to place for the purpose of being kept or used as or being trained to be a farm working dog, if it is under the effective control of a person; or

(d)a dog or cat while it is being exhibited for show purposes at a fixture conducted under the rules and regulations of an applicable organisation; or

(da)a dog while it is being exhibited for show purposes at a fixture conducted by a recognised organisation; or

(e)a dog while it is being trained for or is participating in obedience trials or classes, retrieving game, hunting or some other customary sporting activity and is under the effective control of a responsible person; or

(f)a dog that is in an area designated in an order under section 26(2) or 26A(2) as an area where dogs are not required to be on leads, if—

(i)the owner of the dog is a member of an applicable organisation and has in the last 12 months exhibited the dog for show purposes at a fixture conducted by an applicable organisation; and

(ii)the person in apparent control of the dog has with him or her the identification required by section 19.

21Unregistered dog or cat must not have identification marker

If an unregistered dog or cat is found with an identification marker issued by a Council the owner is guilty of an offence and liable to a penalty of not more than 1 penalty unit.

22Offence to remove or damage identification marker

A person, who is not the owner of a registered dog or cat must not remove the identification marker issued by the Council from that cat or dog or wilfully alter or deface the marker.

Penalty:1 penalty unit.

PART 3—CONTROL OF DOGS AND CATS

Division 1—Stray dogs and cats

23Dogs and cats on private property without permission

(1)If a dog or cat has been present on private property on more than one occasion without the permission of the owner or occupier of the property, the owner or occupier of private property or an authorised officer may seize the dog or cat while it is present on the property.

(2)The owner or occupier of the private property or the authorised officer who has seized a dog or cat under subsection (1) must immediately so notify the Council of the municipal district in which the property is situated.

(3)If the authorised officer who seized a dog or cat under subsection (1) is able to identify the owner of the dog or cat, the authorised officer must, within 5 business days after the seizure of the dog or cat, serve on the owner of the dog or cat a notice of objection to the presence of that dog or cat on the private property.

(4)If, after a notice under subsection (3) has been served, the dog or cat enters or remains on the private property, the owner of the dog or cat is guilty of an offence and liable to a penalty of not more than 1 penalty unit for a first offence, and 3 penalty units for a second or subsequent offence.

(5)A notice under subsection (3) must be served either personally or by registered post.

(6)A copy of a notice under subsection (3) must be given to the owner or occupier of the private property within 24 hours after the notice being served.

(7)In this section, business day means a day other than—

(a)a Saturday or Sunday; or

(b)a public holiday appointed under the Public Holidays Act 1993.

24Dogs found at large

(1)If a dog is found at large outside the premises of the owner or not securely confined to the owner's premises, between sunrise and sunset, the owner is guilty of an offence and liable to a penalty of not more than 6 penalty units.

(2)If a dog is found at large outside the premises of the owner or not securely confined to the owner's premises between sunset and sunrise, the owner is guilty of an offence and liable to a penalty of not more than 10 penalty units.

25Cats found at large

(1)If a cat is found at large outside the premises of the owner or not securely confined to the owner's premises, in a municipal district or a specified part of a municipal district in respect of which an order under this section has been made, during the hours specified in the order, the owner is guilty of an offence and liable to a penalty of not more than 1 penalty unit for a first offence and 3 penalty units for a second or subsequent offence.

(d)warning signs to be displayed at premises where dangerous dogs are kept; and

(da)matters relating to the information register including—

(i)circumstances in which the information register may be inspected; and

(ii)the manner in which the information may be inspected; and

(iii)the information that any particular person or class of person may obtain from the register; and

(iv)information to be given to the Secretary for the Secretary to include in the information register; and

(v)any other relevant matters; and

(db)matters relating to the issue of source numbers, including—

(i)fees for the issue or renewal of numbers; and

(ii)information to be included in applications for the issue or renewal of numbers; and

(iii)reasons for the cancellation, suspension or non-renewal of numbers; and

(e)conditions and restrictions which may be imposed on registration of premises where domestic animal businesses are conducted; and

(ea)the prohibition or regulation of the sale or giving away of dogs and cats kept in foster care; or

(eb)prescribing records to be kept by registered foster carers, including, in relation to any dog or cat kept in foster care by the carer—

(i)details of the dog or cat; and

(ii)details of the person from whom the dog or cat has been obtained and to whom the dog or cat is sold or given; and

(ec)prescribing requirements for medical treatment to be carried out on any dog or cat kept in foster care before the dog or cat is sold or given away (including vaccination, worming and desexing); and

(ed)information to be given in applications for registration, renewals of registration and transfers of registration of premises where domestic animal businesses are conducted; and

(f)notification of change of address of registered dog and cat owners; and

(fa)in relation to the register kept by the Secretary under Part 3A—

(i)information to be provided to the Secretary for the purposes of the register; and

(ii)the manner and procedures for the giving of any information to the Secretary required for the purposes of the register; and

(iii)the form of the register and the manner of keeping information, and the information, to be kept in the register; and

(iv)persons or classes of person who may inspect (within the meaning of Part 3A) and obtain information from the register and the purposes for which inspections of the register may be made; and

(v)the procedures (including the times and methods of inspection) relating to the inspection of information kept in the register and the obtaining of that information; and

(vi)the fees that may be charged for obtaining information from the register and the persons or classes of person that are to be charged such fees; and

(fab)reuniting seized or found dogs and cats with owners, including matters relating to—

(i)identifying and contacting the owners of seized or found dogs and cats; and

(ii)relinquishing or delivering seized or found dogs and cats; and

(fac)the duties and obligations of Council authorised officers and Council contracted authorised officers in relation to deceased dogs and cats found on Council land including identifying and contacting the owners of found deceased dogs and cats; and

(fb)prescribing infringement offences for the purposes of Part 7B; and

(fc)prescribing, for the purposes of Part 7B, penalties not exceeding 12 penalty units or, in the case of an offence against section 63A or 63AE that is committed by a body corporate, 60 penalty units for infringement offences; and

(g)forms for the purposes of this Act; and

(h)fees for the purposes of this Act; and

(i)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.

(1A)As to fees that may be prescribed under this Act, the regulations may provide for—

(a)maximum or minimum fees; and

(b)the reduction, waiver or refund, in whole or in part, of fees; and

(c)scales of fees according to different cases or different classes of case; and

(d)methods of calculation of fees according to different cases or different classes of case.

(2)Regulations—

(a)may be of general or limited application; and

(b)may differ according to differences in time, place or circumstances; and

(c)may leave any matter to be approved or determined by the Minister, the Secretary or an authorised officer; and

(ca)may confer discretionary authority or impose a duty on a specified person or a specified class of person; and

(cb)may provide in a specified case or a specified class of case for the exemption of a class of people or things from any provision of the regulations, whether unconditionally or on specified conditions and whether wholly or to such an extent as is specified in the regulations; and

(d)may impose penalties not exceeding 20 penalty units for contravention of the regulations.

(2A)Regulations made under this Act may be made so as to apply, adopt or incorporate any matter contained in any code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(a)wholly or partially or as amended by the regulations; or

(b)as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or

(c)as amended from time to time.

(3)The regulations may be disallowed in whole or in part by resolution of either House of Parliament.

*                *                *                *                *

100ACouncil must give information to Secretary

(1)If the Victorian Civil and Administrative Tribunal or the Supreme Court sets aside—

(a)a decision by a Council to declare a dog to be a dangerous dog or a menacing dog; or

(b)a decision of a Council authorised officer to declare a dog to be a restricted breed dog—

the Council must notify the Secretary of the decision of the Tribunal or Supreme Court.

(2)A notice under subsection (1) must contain the following information—

(a)the date the declaration was set aside;

(b)whether the declaration was set aside by the Victorian Civil and Administrative Tribunal or the Supreme Court;

(c)the municipal district in which the declaration was made;

(d)the Council reference number for the dog;

(e)in the case of a declaration of a dog as a dangerous or a menacing dog, the date the declaration was made and the Council that made the declaration;

(f)in the case of a declaration of a dog as a dangerous dog, the reasons that the dog was declared to be dangerous;

(g)in the case of a declaration of a dog as a restricted breed dog, the date the declaration was made and the name of the authorised officer who made the declaration.

(3)A notice under subsection (1) must be made—

(a)if the Minister specifies a period of time for the purposes of this subsection, within that period after the declaration was set aside;

(b)in any other case, within 28 days after the declaration was set aside.

100BOffence to disclose information

(1)A person who is or was engaged in the administration of Part 5B or 5C must not disclose any information obtained under, or in relation to the administration of Part 5B or 5C, except as permitted under section 100C.

Penalty:10 penalty units.

(2)For the purpose of the Freedom of Information Act 1982, information referred to in subsection (1) is information of a kind to which section 38 of that Act applies.

100CPermitted disclosures

A person who is or was engaged in the administration of Part 5B or 5C may disclose information obtained under, or in relation to, the administration of Part 5B or 5C—

(a)in connection with the administration of Part 5B or 5C; or

(b)in accordance with a requirement imposed under an Act; or

(c)to a Council.

100DDisclosure of information by Councils

A Council may disclose information held by that Council to—

(a)another Council; or

(b)a restricted authorised officer; or

(c)a Departmental authorised officer—

for the purpose of the performance of functions under Part 4 or Part 4AA or regulations under those Parts by that person.

PART 9—REPEALS AND TRANSITIONAL PROVISIONS

101Repeal of Dog Act

The Dog Act 1970 is repealed.

102Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007

(1)A reference in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind to the Domestic (Feral and Nuisance) Animals Act 1994 is deemed to be a reference to the Domestic Animals Act 1994 so far as it applies to any period on or after the commencement day, unless the contrary intention appears.

(2)A domestic animals registry licence in force immediately before the commencement day is taken to be an animal registry licence.

(3)If a horse has been implanted with a permanent identification device immediately before the commencement day, that horse is taken to have been implanted with a prescribed permanent identification device.

(4)The holder of an animal registry licence must, in relation to any record of identifying information kept and maintained in respect of a horse by the holder as part of a service in the nature of an animal registry service provided by the holder immediately before the commencement day—

(a)keep and maintain that record in the manner prescribed and containing the prescribed information; and

(b)keep and maintain a copy of that record in the manner prescribed.

Penalty:120 penalty units.

(5)In this section commencement day means the day that section 23 of the Animals Legislation Amendment (Animal Care) Act 2007 comes into operation.

103Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007

(1)The amendments made to this Act by sections 9, 10(2), 11, 15, 17 and 19 of the Animals Legislation Amendment (Animal Care) Act 2007 apply only to offences alleged to have been committed on or after the commencement of those sections.

(2)For the purposes of subsection (1), if an offence is alleged to have been committed between two dates and the provision of the Animals Legislation Amendment (Animal Care) Act 2007 effecting the amendment commences on a date between those two dates, the offence is taken to have been alleged to have been committed before the commencement of that provision.

(3)An agreement entered into under section 81 as in force immediately before the commencement of section 29 of the Animals Legislation Amendment (Animal Care) Act 2007 is taken to be an agreement entered into under section 84Y.

104Transitional provision—Primary Industries Legislation Amendment Act 2009

Despite the commencement of section 21 of the Primary Industries Legislation Amendment Act 2009, section 68A(1) as in force immediately before that commencement continues to apply to the preparation by a Council of its first domestic animal management plan.

105Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010

(1)On the commencement day, a review panel constituted under Part 7E is abolished and its members go out of office.

(2)Despite subsection (1), if before the commencement day—

(a)a review panel has begun to hear a review under Part 7E, the review panel may continue to hear the review and make a determination of the matter; and

(b)an application for review of a declaration that a dog is a restricted breed dog is made to a review panel under Part 7E, the review panel may hear the review and make a determination of the matter—

as if this Act as in force before the commencement day continued to apply.

(3)Despite the amendments made to sections 84L, 84N and 84Q by the Domestic Animals Amendment (Dangerous Dogs)Act 2010, the references to a review by the Victorian Civil and Administrative Tribunal are taken to include any review heard by a review panel under subsection (2).

(4)In this section commencement day means the day that section 30 of the Domestic Animals Amendment (Dangerous Dogs)Act 2010 comes into operation.

105A

Transitional provision—Domestic Animals Amendment (Puppy Farms and Pet Shops)

Act 2017

(1)In this section—

commencement day means the day on which section 104 of the Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017 comes into operation;

relevant information means any information in relation to a domestic animal business or foster carer that the Council would, if section 104 of the Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017 were in operation, be required to give to the Secretary under Division 2 of Part 5C, as proposed to be inserted by that section.

(2)For the purpose of establishing the information register, under Part 5C, as proposed to be inserted by section 104 of the Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017, a Council must, if so requested by the Secretary before the commencement day, give any relevant information to the Secretary relating to any domestic animal business in respect of which the Council has registered premises under Part 4 or in relation to any foster carer registered by the Council under Part 5B.

106Transitional provision—Primary Industries Legislation Amendment Act 2012

(1)Despite the amendments made to the Schedule by section 18 of the Primary Industries Legislation Amendment Act 2012, the Schedule as in force immediately before the commencement day continues to apply to a dog or cat registered immediately before the commencement day.

(2)In this section the commencement day means the day that section 18 of the Primary Industries Legislation Amendment Act 2012 comes into operation.

107Transitional provision—Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022

(1)The amendments made to section 68P(2) and (3) by section 24 of the amending Act do not apply to an application for a source number or renewal of a source number received by the Secretary under Division 3 of Part 5C before the commencement of section 24 of the amending Act.

(2)In this section—

amending Act means the Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022.

SCHEDULE

REGISTRATION FEES

Section 15(4)

Part 1—Dogs

Column 1

Maximum fee

Column 2

Reduced fee

Any dogs (other than dangerous dogs, menacing dogs or restricted breed dogs) to which a description in Column 2 does not apply

Desexed dogs.

Dogs over 10 years old.

Dogs kept or used as or being trained to be farm working dogs.

Dogs kept for breeding by the proprietor of a domestic animal business conducted on registered premises.

Dogs that have undergone dog obedience training provided by or on behalf of an approved dog obedience training organisation.

Dogs registered with an applicable organisation, if their owners are members of the applicable organisation with which the dogs are registered.

Dogs belonging to any prescribed class of dog that are permanently identified in the prescribed manner.

Part 2—Cats

Column 1

Maximum fee

Column 2

Reduced fee

Any cats to which a description in column 2 does not apply.

Desexed cats.

Cats over 10 years old.

Cats kept for breeding by the proprietor of a domestic animal business conducted on registered premises.

Cats registered with an applicable organisation, if their owners are members of the applicable organisation with which the cats are registered.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 September 1994

Legislative Council: 19 October 1994

The long title for the Bill for this Act was "A Bill to provide for the management of feral and nuisance domestic animals, the regulation of domestic animals and domestic animal businesses, to repeal the Dog Act 1970 and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 8 September 1994

Legislative Council: 19 October 1994

Absolute majorities:

Legislative Assembly: 14 October 1994 and 15 November 1994

Legislative Council: 9 November 1994

The Domestic (Feral and Nuisance) Animals Act 1994 was assented to on 29 November 1994 and came into operation as follows:

Sections 1 and 2 on 29 November 1994: section 2(1); rest of Act on 9 April 1996: Government Gazette 20 July 1995 page 1824.

The title of this Act was changed from the Domestic (Feral and Nuisance) Animals Act 1994 to the Domestic Animals Act 1994 by section 3 of the Animals Legislation Amendment (Animal Care) Act 2007, No. 65/2007.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Domestic Animals Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Domestic Animals Act 1994, No. 81/1994

Assent Date:	29.11.94
Commencement Date:	S. 45A(3) inserted on 10.4.18 by No. 69/2017 s. 23; s. 54E(4) inserted on 10.4.18 by No. 69/2017 s. 29
Note:	S. 45A(3) repeals s. 45A on 10.4.20; s. 54E(4) repeals s. 54E on 10.4.20
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Veterinary Practice Act 1997, No. 58/1997

Assent Date:	28.10.97
Commencement Date:	S. 96(Sch. item 2) on 17.3.98: Government Gazette 12.3.98 p. 520
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 21) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 36) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic (Feral and Nuisance) Animals (Amendment) Act 2000, No. 87/2000

Assent Date:	5.12.00
Commencement Date:	Ss 4(c)–(e), 5–8, 10–19(1), 20–37 on 6.12.00: s. 2(1); ss 4(a)(b), 9, 19(2), 38, 39 on 1.1.02: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Animals Legislation (Responsible Ownership) Act 2001, No. 83/2001

Assent Date:	11.12.01
Commencement Date:	Ss 24–30 on 12.12.01: s. 2(1); ss 9–23 on 1.11.02: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Fisheries (Amendment) Act 2003, No. 56/2003

Assent Date:	16.6.03
Commencement Date:	S. 11(Sch. item 6) on 17.6.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Animals Legislation (Animal Welfare) Act 2003, No. 103/2003 (as amended by Nos 69/2004, 108/2004)

Assent Date:	9.12.03
Commencement Date:	Ss 4, 6–8, 24 on 10.12.03: s. 2(1); s. 26 on 19.10.04: Government Gazette 7.10.04 p. 2795; s. 20(1) on 16.12.04: Government Gazette 16.12.04 p. 3381; ss 3, 5, 9–19, 20(2), 21–23, 25, 27, 28 on 1.12.05: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004

Assent Date:	19.10.04
Commencement Date:	Ss 22–29, 31, 33, 34 on 20.10.04: s. 2(1); s. 32 on 1.3.05: s. 2(7); ss 30, 35, 36 on 2.2.06: Government Gazette 25.1.06 p. 108
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

State Concessions Act 2004, No. 82/2004

Assent Date:	16.11.04
Commencement Date:	S. 13(Sch. item 1) on 1.3.05: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 59) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Primary Industries Acts (Amendment) Act 2005, No. 50/2005

Assent Date:	24.8.05
Commencement Date:	Ss 11, 12 on 25.8.05: s. 2(1); s. 10 on 2.2.06: Government Gazette 25.1.06 p. 108
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Primary Industries Acts (Further Amendment) Act 2005, No. 76/2005

Assent Date:	2.11.05
Commencement Date:	Ss 3–5, 9(1), 10–20, 21(1)–(5)(7), 23, 25 on 3.11.05: s. 2(1); ss 6, 8, 9(2), 21(6), 22, 24 on 1.12.05: Government Gazette 17.11.05 p. 2610; s. 7 on 1.5.07: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 11) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 28) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Animals Legislation Amendment (Animal Care) Act 2007, No. 65/2007

Assent Date:	11.12.07
Commencement Date:	Ss 4, 5(1), 6–21, 26–40, 41(4)(5), 43, Sch. 1 on 12.12.07: s. 2(1); ss 3, 5(2), 22–25, 41(1)–(3), 42, 44 on 1.9.09: Special Gazette (No. 298) 1.9.09 p. 1
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Unclaimed Money Act 2008, No. 44/2008

Assent Date:	26.8.08
Commencement Date:	S. 107 on 1.1.09: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Primary Industries Legislation Amendment Act 2009, No. 35/2009

Assent Date:	30.6.09
Commencement Date:	Ss 19–26 on 1.7.09: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 45) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment (Dangerous Dogs) Act 2010, No. 44/2010

Assent Date:	17.8.10
Commencement Date:	Ss 3–16, 18–31 on 1.9.10: Special Gazette (No. 354) 31.8.10 p. 1; s. 17 on 1.1.11: Special Gazette (No. 354) 31.8.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 11) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment (Restricted Breeds) Act 2011, No. 39/2011

Assent Date:	31.8.11
Commencement Date:	Ss 3–5 on 30.9.11: s. 2
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Crimes and Domestic Animals Acts Amendment (Offences and Penalties) Act 2011, No. 55/2011

Assent Date:	2.11.11
Commencement Date:	Ss 4–21 on 3.11.11: s. 2
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment (Puppy Farm Enforcement and Other Matters) Act 2011, No. 75/2011

Assent Date:	13.12.11
Commencement Date:	Ss 3–24 on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Primary Industries Legislation Amendment Act 2012, No. 29/2012

Assent Date:	29.5.12
Commencement Date:	Ss 10–16 on 1.9.12: Special Gazette (No. 267) 31.7.12 p. 1; ss 17, 18 on 11.4.13: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 12) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 11) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Emergency Management Act 2013, No. 73/2013

Assent Date:	3.12.13
Commencement Date:	S. 94 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment Act 2014, No. 8/2014

Assent Date:	25.2.14
Commencement Date:	Ss 3–31 on 1.7.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 (as amended by No. 21/2015)

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 46) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Primary Industries Legislation Amendment Act 2014, No. 71/2014

Assent Date:	30.9.14
Commencement Date:	Ss 12–14, 16 on 11.4.15: Special Gazette (No. 66) 31.3.15 p. 1, s. 15 on 1.7.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment Act 2015, No. 13/2015

Assent Date:	12.5.15
Commencement Date:	S. 3 on 13.5.15: s. 2
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016, No. 17/2016

Assent Date:	19.4.16
Commencement Date:	Ss 13, 14, 17(Sch. 1), 18 on 4.5.16: Special Gazette (No. 131) 3.5.16 p. 1; ss 15, 16 on 10.4.17: Special Gazette (No. 111) 4.4.17 p. 1
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Primary Industries Legislation Amendment Act 2016, No. 48/2016

Assent Date:	6.9.16
Commencement Date:	S. 7 on 29.9.16: Special Gazette (No. 296) 27.9.16 p. 2
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment (Restricted Breed Dogs) Act 2017, No. 44/2017

Assent Date:	26.9.17
Commencement Date:	Ss 4–9, 10(2)(3), 11‒21 on 30.9.17: s. 2(2); s. 10(1) on 1.7.18: s. 2(3)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017, No. 69/2017

Assent Date:	20.12.17
Commencement Date:	Ss 34, 36 on 21.12.17: s. 2(1); ss 4–21, 23–33, 37–66(1), 67–76(2), 77–84(1), 85–91(1), 92–99 on 10.4.18: s. 2(8); ss 35, 66(2), 76(3), 84(2), 91(2) on 1.7.18: s. 2(4); s. 109 on 1.5.19: Special Gazette (No. 145) 16.4.19 p. 1; ss 100, 104, 108 on 3.6.19: Special Gazette (No. 145) 16.4.19 p. 1; ss 101–103, 105–107 on 1.7.19: s. 2(6); ss 22, 110–113 on 10.4.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 41) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 26) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	Ss 53−61 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022, No. 3/2022

Assent Date:	1.3.22
Commencement Date:	Ss 10–36, 38, 39 on 1.6.22: Special Gazette (No. 271) 1.6.22 p. 1; ss 3–9, 37 on 1.10.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Victims of Crime (Financial Assistance Scheme) Act 2022, No. 21/2022

Assent Date:	7.6.22
Commencement Date:	S. 76 on 18.11.24: Special Gazette (No. 610) 12.11.24 p. 1
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Local Government Legislation Amendment (Rating and Other Matters) Act 2022, No. 30/2022

Assent Date:	9.8.22
Commencement Date:	Ss 46, 47 on 10.8.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Statute Law Amendment Act 2023, No. 6/2023

Assent Date:	9.5.23
Commencement Date:	S. 3(Sch. 1 item 2) on 10.5.23: s. 2
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	Ss 21–26 on 21.5.25: s. 2(1); ss 14–20 on 20.11.25: Special Gazette (No. 576) 21.10.25 p. 1
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Act 2025, No. 42/2025

Assent Date:	5.11.25
Commencement Date:	Ss 4, 45, 50 on 6.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Domestic Animals Act 1994

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 74AB def. of relevant provision: The amendment proposed by section 106 of the Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017, No. 69/2017 is not included in this publication as the words "12A(1) or (2)" do not appear in section 74AB, in paragraph (a) of the definition of relevant provision.

Section 106 reads as follows:

106Definition, relevant provision

In section 74AB of the Principal Act, in paragraph (a) of the definition of relevant provision, for "12A(1) or (2)" substitute "12A(1), 12B, 12C".

[2] S. 84M(1): The amendment proposed by section 8(1) of the Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022, No. 3/2022 is not included in this publication as the words "a person or body" do not appear in section 84M(1).

Section 8(1) reads as follows:

8Recovery of dog or cat

(1)In section 84M(1) of the Domestic Animals Act 1994, for "a person or body" substitute "or a person or body that has an agreement with a Council under section 84Y".