Domestic Animals Amendment Act 2010 (ACT)

Case

Domestic Animals Amendment Act 2010

A2010-3

Contents

Page

  1. Name of Act  2

  2. Commencement  2

  3. Legislation amended  2

  4. New section 55A  2

  5. Seizure—attacking and harassing dogs


    Section 59  3

  6. Seizure of cats


    Section 86 (2)  3

  7. Sections 89 and 90  3

  8. Returning seized cat to its keeper


    Section 92 (5)  4

  9. Guidelines about returning seized cats


    Section 93 (1)  4

  10. Entry to premises for nuisance animal


    Section 114A (5)  4

  11. Powers on entry


    Section 114B, note  4

  12. Identity cards


    Section 124 (1) (b)  5

  13. Search warrants


    Section 133 (5)  5

  14. New section 158  5

  15. Dictionary, definition of authorised officer  5

  16. Further amendments, mentions of authorised officer  6

  17. Further amendments, mentions of the officer  6

  18. Further amendments, mentions of authorised officers  7

Schedule 1Consequential amendments  8

Part 1.1Domestic Animals Regulation 2001  8

Part 1.2Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005  8

Domestic Animals Amendment Act 2010

A2010-3

An Act to amend the Domestic Animals Act 2000, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Domestic Animals Amendment Act 2010.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Domestic Animals Act 2000.

    NoteThis Act also amends other legislation (see sch 1).

  4. New section 55A

    in division 2.6, insert

55AAccess to information about dog attacks

(1)This section applies if—

(a)the registrar is satisfied that a person (the victim) has suffered injury or other loss because a dog has attacked or harassed the victim or the victim’s animal; and

(b)the registrar holds information about the attack or harassment; and

(c)the information would help the victim identify the owner of the dog.

(2)If an application is made by a relevant person to the registrar for access to the information, the registrar must give the applicant  the information.

NoteIf a form is approved under s 147 for this provision, the form must be used.

(3)Each of the following is a relevant person:

(a)the victim;

(b)the victim’s legal representative;

(c)if the victim does not have legal capacity—the victim’s parent or guardian;

(d)anyone the registrar reasonably believes is a person mentioned in paragraph (a), (b) or (c).

  1. Seizure—attacking and harassing dogs
    Section 59

    omit

    the officer

    substitute

    the authorised person

  2. Seizure of cats
    Section 86 (2)

    omit

    the officer

    substitute

    the authorised person

  3. Sections 89 and 90

    omit

    the officer or provider

    substitute

    the authorised person or approved provider

  4. Returning seized cat to its keeper
    Section 92 (5)

    omit

    the officer

    substitute

    the authorised person

  5. Guidelines about returning seized cats
    Section 93 (1)

    omit

    authorised officer’s

    substitute

    authorised person’s

  6. Entry to premises for nuisance animal
    Section 114A (5)

    omit

    authorised officer’s

    substitute

    authorised person’s

  7. Powers on entry
    Section 114B, note

    omit

    the officer’s

    substitute

    the authorised person’s

  8. Identity cards
    Section 124 (1) (b)

    substitute

    (b)the name of the person, or any unique number given to the authorised person by the chief executive for this section; and

  9. Search warrants
    Section 133 (5)

    omit

    the officer

    substitute

    the authorised person

  10. New section 158

    insert

  11. Authorised officers to continue to exercise functions under Act—transitional

    (1)A person appointed as an authorised officer under section 123 (Authorised people) before the commencement of the Domestic Animals Amendment Act 2010 is taken to be an authorised person.

    (2)This section expires 3 months after the day it commences.

    (3)This is a provision to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.

  12. Dictionary, definition of authorised officer

    substitute

    authorised person means an authorised person under section 123, and includes the registrar and a deputy registrar.

  13. Further amendments, mentions of authorised officer

    omit

    authorised officer

    substitute

    authorised person

    in

    ·     section 45 (6)

    ·     section 54 (1)

    ·     sections 56 to 59

    ·     section 79

    ·     sections 86 and 87

    ·     sections 89 to 93

    ·     sections 114 to 114B

    ·     sections 116 and 117

    ·     sections 123 to 125

    ·     sections 128 to 134

  14. Further amendments, mentions of the officer

    omit

    the officer

    substitute

    the authorised person or police officer

    in

    ·     section 54 (1)

    ·     sections 116 and 117

    ·     section 134 (1)

  15. Further amendments, mentions of authorised officers

    omit

    authorised officers

    substitute

    authorised people

    in

    ·     section 123 heading

    ·     division 9.2 heading

    ·     dictionary, definition of connected

    ·     dictionary, definition of enter

    ·     dictionary, definition of offence


Schedule 1Consequential amendments

(see s 3)

Part 1.1Domestic Animals Regulation 2001

[1.1]Section 15 heading

substitute

  1. Identifying microchip to be implanted only by vet or authorised identifier

Part 1.2Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005

[1.2]Section 14

omit

An authorised officer

substitute

A person appointed as an authorised person under the Domestic Animals Act 2000, section 123 (Authorised people)

[1.3]Dictionary, definition of authorised officer

omit

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 10 December 2009.

  2. Notification

    Notified under the Legislation Act on 17 February 2010.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Domestic Animals Amendment Bill 2010, which originated in the Legislative Assembly as the Domestic Animals Amendment Bill 2009 and was passed by the Assembly on 11 February 2010.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2010

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