Domestic Animals Amendment Regulations 2022 (Vic)

Domestic Animals Amendment Regulations 2022

S.R. No. 74/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Dangerous dog warning sign

7Prescribed identifying information

8New Part 3D inserted

9Schedule 5

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Endnotes

statutory rules 2022

S.R. No. 74/2022

Domestic Animals Act 1994

Domestic Animals Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 6 September 2022

Responsible Minister:

GAYLE TIERNEY
Minister for Agriculture

SAMUAL WALLACE

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Domestic Animals Regulations 2015—

(a)to prescribe matters relating to the keeping of records and provision of reports by a person or body that conducts an animal shelter or a veterinary practitioner that receives seized dogs or cats; and

(b)to prescribe infringement penalties for further offences under the Act; and

(c)to make other minor and technical amendments.

2Authorising provision

These Regulations are made under section 100 of the Domestic Animals Act 1994.

3Commencement

These Regulations come into operation on 1 October 2022.

4Principal Regulations

In these Regulations, the Domestic Animals Regulations 2015[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations, in the definition of qualified dog obedience trainer, in paragraph (a), for "5F" substitute "5G".

6Dangerous dog warning sign

In regulation 8(1)(b) of the Principal Regulations, for "durable metal" substitute "durable material".

7Prescribed identifying information

(1)In regulation 12(a)(va) of the Principal Regulations, for "or foster carer" substitute ", foster carer, community foster care network or person".

(2)In regulation 12(b)(i) of the Principal Regulations omit "title,".

8New Part 3D inserted

After Part 3C of the Principal Regulations insert—

"Part 3D—Reuniting dogs and cats with owners

48NDetails about seized dogs and cats to be contained in records and reports

For the purposes of section 84DD(2)(a)(i) of the Act, the prescribed details of a seized dog or cat that must be contained in a record are the following—

(a)whether the animal is a dog or cat;

(b)the suburb or municipality in which the dog or cat was found (if known);

(c)the date and time that the dog or cat was delivered to the person, body or veterinary practitioner that received the dog or cat;

(d)the telephone number of the person who delivered the dog or cat to the person, body or veterinary practitioner (if known);

(e)either—

(i)the unique identification number of the permanent identification device implanted in the dog or cat (if any); or

(ii)if a permanent identification device cannot be located in the dog or cat or the unique identification number cannot be read when scanning such a device implanted in the dog or cat, the name of the Council and registration number of the dog or cat ascertained from any identification marker attached to the dog or cat.

48ODetails about owners or agents who recover seized dogs and cats to be contained in records and reports

For the purposes of section 84DD(2)(a)(ii) of the Act, the prescribed details of each owner, or agent of an owner, who has recovered a seized dog or cat that must be contained in a record are the following—

(a)the name, residential address and telephone number of the owner who recovered the dog or cat from a person, body or veterinary practitioner;

(b)if the owner is not the person who recovered the dog or cat—

(i)the name and telephone number of the agent of the owner who recovered the dog or cat from the person, body or veterinary practitioner; and

(ii)the name, residential address and telephone number of the owner of the dog or cat;

(c)the date and time at which the dog or cat was recovered from the person, body or veterinary practitioner.

48PPrescribed periods for keeping and maintaining records

For the purposes of section 84DD(2)(a)(i) and (ii) of the Act, the prescribed periods are as follows—

(a)the period beginning on 1 January and ending 31 March in every year;

(b)the period beginning on 1 April and ending on 30 June in every year;

(c)the period beginning on 1 July and ending on 30 September in every year;

(d)the period beginning on 1 October and ending on 31 December in every year.

48QPrescribed time for giving reports to Councils

For the purposes of section 84DD(2)(c) of the Act, the prescribed time is 14 days after the end of each prescribed period specified in regulation 48P.".

9Schedule 5

(1)In Table 1 of Schedule 5 to the Principal Regulations, for item 49 substitute—

"49 s. 44B(1) Natural person—2 penalty units Body corporate—10 penalty units".

(2)In Table 1 of Schedule 5 to the Principal Regulations, after item 59 insert—

"59A	s. 63J(1A)	1 penalty unit
59B	s. 84DA(2)	1 penalty unit
59C	s. 84DB	1 penalty unit
59D	s. 84DD(2)	1 penalty unit ".

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Endnotes

[1] Reg. 4: S.R. No. 136/2015 as amended by S.R. Nos 165/2015, 1/2018, 35/2018, 36/2019 and 52/2020.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.