Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Act 2025 (Vic)

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Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Act 2025

No. 42 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Exemption from requirement to register dog or cat in foster care under agreement

4Requirement to apply for registration

Part 3—Voluntary pet rehoming organisation authorisation scheme

Division 1—Pet rehoming organisation authorisations

5Purpose

6Definitions

7New Part 5BA inserted

8New section 68YA inserted

9Issue of source numbers to other persons or bodies

10Notice of cessation of source number

11Power to serve infringement notice

12Agreements to seize, receive, retain or dispose of dogs or cats

13Payment of money out of the Fund

Division 2—Exemption from registration requirements and other matters

14Requirement to apply for registration

15New section 13A inserted

16Power to serve infringement notice

Division 3—Sale and transfer of dogs and cats

17Definitions

18Offence as to advertising dogs or cats for sale

19Offence as to publication of advertisements for dogs or cats for sale

20New Division 1 heading inserted in Part 5BA

21New Division 2 inserted into Part 5BA

22Power to serve infringement notice

23Offence to sell certain animals outside certain places

Division 4—Repeal of foster carer registration scheme

24Purpose

25Definitions

26Section 13 amended

27Registration fees

28Definition

29Section 63AAD repealed

30Part 5B repealed

31Secretary to keep information register

32Section 68O repealed

33Section 68Q amended

33APersons who may inspect the information register

34Section 68Z repealed

35Issue of source numbers to other persons or bodies

36Power to serve infringement notice

37Regulations

37AOffence to disclose information

37BPermitted disclosures

Part 4—Establishment of pet rehoming register

38Definitions

39New Part 5D inserted

40Persons who may inspect the register

41Secretary to be given information as to refusal etc. of registration

42Persons who may inspect the information register

43Offence to disclose information

44Permitted disclosures

Part 5—Entry powers of authorised officers

45Entry, search and other powers of authorised officers for some purposes

Part 6—Other matters

46Notification of sale by domestic animal business

47Powers of Council

48Agreements to seize, receive, retain or dispose of dogs or cats

49Regulations

50Amendment to the Schedule—Registration fees

Part 6A—Amendment of Cemeteries and Crematoria Act 2003

50APower to make cemetery trust rules

50BNew section 78A inserted

Part 7—Repeal of this Act

51Repeal of this Act

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Endnotes

1     General information

Domestic Animals Amendment (Rehoming Cats and Dogs and Other Matters) Act 2025

No. 42 of 2025

[Assented to 5 November 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to amend the Domestic Animals Act 1994

(i)to provide for a voluntary authorisation scheme for pet rehoming organisations to assist those organisations to rehome dogs and cats; and

(ii)to further provide for Councils to be informed about animals in foster care in their municipal districts; and

(iii)to provide for the collection of information about the outcome of efforts to rehome dogs and cats; and

(iv)to clarify the powers of authorised officers in relation to entering premises for certain purposes; and

(v)to provide for other minor and related matters; and

(b)to amend the Cemeteries and Crematoria Act 2003 to provide that that Act does not prevent the placement and burial of animal remains in places of interment.

2Commencement

(1)This Part, Parts 2 and 5 and section 50 come into operation on the day after 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 of this Act does not come into operation before 10 April 2028, it comes into operation on that day.

3Principal Act

In this Act, the Domestic Animals Act 1994 is called the Principal Act.

PART 2—EXEMPTION FROM REQUIREMENT TO REGISTER DOG OR CAT IN FOSTER CARE UNDER AGREEMENT

4Requirement to apply for registration

For section 10(4) of the Principal Act substitute

"(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.".

PART 3—VOLUNTARY PET REHOMING ORGANISATION AUTHORISATION SCHEME

Division 1—Pet rehoming organisation authorisations

5Purpose

After section 1(db) of the Principal Act insert

"(dc)the authorisation of pet rehoming organisations; and".

6Definitions

In section 3(1) of the Principal Act—

(a)the definition of community foster care network is repealed;

(b)in the definition of foster care, for "community foster care network" substitute "pet rehoming organisation";

(c)insert the following definitions—

"ABN means an ABN (Australian Business Number) within the meaning of the A New Tax System (Australian Business Number) Act 1999 of the Commonwealth;

authorised pet rehoming organisation means a pet rehoming organisation that holds a pet rehoming organisation authorisation;

fate, in relation to an animal, includes whether the animal is returned to its previous owner, sold, given away or dies;

holder, in the case of a pet rehoming organisation authorisation, means—

(a)in the case of a pet rehoming organisation authorisation issued for a natural person or a body corporate, that person or body; or

(b)in any other case, a person responsible for administering the pet rehoming organisation for which the authorisation was issued;

pet rehoming organisation means a person or body that—

(a)is established for the purpose of finding permanent housing for dogs or cats; and

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

pet rehoming organisation authorisation means an authorisation issued under section 68KB, including an authorisation renewed under section 68KC;".

7New Part 5BA inserted

After Part 5B of the Principal Act insert

"PART 5BA—VOLUNTARY PET REHOMING ORGANISATION AUTHORISATION SCHEME

68KAApplication for pet rehoming organisation authorisation

(1)A person or body may apply to the Secretary for an authorisation for a pet rehoming organisation if the organisation—

(a)has an ABN; and

(b)is registered under Part 2‑1 of the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth.

(2)An application under subsection (1) must—

(a)be in the form and manner approved by the Secretary; and

(b)specify the date of the pet rehoming organisation's registration under Part 2‑1 of the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth; and

(c)specify the names of each person who is responsible for administering the pet rehoming organisation; and

(d)include the prescribed information; and

(e)be accompanied by the prescribed fee.

(3)The Secretary, by notice in writing, may require the applicant to provide, within a reasonable period specified in the notice, any further information that the Secretary considers necessary to decide the application.

68KBIssue of pet rehoming organisation authorisation

On receiving an application under section 68KA, the Secretary, after considering the matters set out in section 68KD and any information provided under section 68KA(3), must either—

(a)issue an authorisation for the pet rehoming organisation for a period of not more than 3 years; or

(b)refuse to issue an authorisation for the pet rehoming organisation.

68KCRenewal of pet rehoming organisation authorisation

(1)Before a pet rehoming organisation authorisation expires, the holder of the authorisation may apply to the Secretary for renewal of the authorisation.

(2)An application under subsection (1) must—

(a)be made to the Secretary at least 60 days before the expiry of the authorisation; and

(b)be in the form and manner approved by the Secretary; and

(c)specify the name of each person who is responsible for administering the pet rehoming organisation; and

(d)include any prescribed information; and

(e)be accompanied by the prescribed fee.

(3)The Secretary, by notice in writing, may require the applicant to provide, within a reasonable period specified in the notice, any further specified information that the Secretary considers necessary to decide the application.

(4)On receiving an application under subsection (1), the Secretary, after considering the matters set out in section 68KD and any information provided under subsection (3), must either—

(a)renew the pet rehoming organisation authorisation for a period of not more than 3 years; or

(b)refuse to renew the authorisation.

(5)Before refusing to renew a pet rehoming organisation authorisation, the Secretary must give notice in writing to the authorised pet rehoming organisation stating—

(a)the reasons for the proposed refusal; and

(b)the date the authorisation ceases to be in effect; and

(c)that the organisation may make submissions to the Secretary on the proposed refusal within the specified period.

(6)The Secretary must consider any submission made under subsection (5)(c) before deciding whether to refuse to renew the authorisation.

(7)If the holder of a pet rehoming organisation authorisation applies for renewal of the authorisation in accordance with subsection (1), the authorisation remains in force until the application for renewal is determined.

68KDMatters to be considered in issuing or renewing pet rehoming organisation authorisation

(1)The Secretary must have regard to the following matters in deciding whether or not to issue or renew a pet rehoming organisation authorisation—

(a)whether the pet rehoming organisation or any person specified in the application as a person who is responsible for administering the organisation—

(i)has failed to comply with this Act or the regulations; or

(ii)has been convicted or found guilty of an offence against—

(A)this Act or the regulations; or

(B)the Prevention of Cruelty to Animals Act1986 or regulations made under that Act; or

(C)a local law made under section 42(a) or (b) of this Act; or

(iii)is or has been subject to a notice to comply under this Act or a control order under the Prevention of Cruelty to Animals Act 1986; or

(iv)is a member of an applicable organisation;

(b)whether any of the premises on which a person specified in the application as a person who is responsible for administering the organisation provides or proposes to provide for foster care is on the same rateable property as a registered premises or proposed registered premises of a domestic animal business (other than an animal shelter or Council pound);

(c)whether the applicant complies with any notice requiring the applicant to provide further information to the Secretary under section 68KA(3) or 68KC(3);

(d)in the case of an application to renew an authorisation, whether the applicant has failed to comply with any condition of the authorisation;

(e)any prescribed matter.

(2)The Secretary must not issue or renew a pet rehoming organisation authorisation if the pet rehoming organisation or any person specified in the application as a person who is responsible for administering the organisation is a proprietor of a rearing domestic animal business or pet shop.

(3)In this section—

rearing domestic animal business means—

(a)a breeding domestic animal business; and

(b)a domestic animal business to which paragraph (e) of the definition of domestic animal business applies.

68KEConditions of pet rehoming organisation authorisations

(1)It is a condition of a pet rehoming organisation authorisation that the holder of the authorisation ensures a report is given to the Secretary—

(a)containing the prescribed information; and

(b)in the form and manner approved by the Secretary; and

(c)within the prescribed timeframe.

(2)It is a condition of a pet rehoming organisation authorisation that the holder of the authorisation ensures that the prescribed information relating to the fate of dogs and cats under the management and direction of the organisation is provided to the Secretary—

(a)in the form and manner approved by the Secretary; and

(b)within the prescribed timeframe.

(3)It is a condition of a pet rehoming organisation authorisation that the holder of the authorisation ensures that the prescribed information relating to adoption events is provided to the Secretary—

(a)in the form and manner approved by the Secretary; and

(b)within the prescribed timeframe.

(4)It is a condition of a pet rehoming organisation authorisation that the holder of the authorisation ensures any prescribed records are kept.

(5)It is a condition of a pet rehoming organisation authorisation that the holder of the authorisation ensures the Secretary is notified if a person ceases to be, or becomes, a person responsible for administering the pet rehoming organisation—

(a)in the form and manner approved by the Secretary; and

(b)within 28 days of the person ceasing to be, or becoming, a person responsible for administering the pet rehoming organisation.

(6)It is a condition of a pet rehoming organisation authorisation that the holder of the authorisation ensures the Council is notified if they receive a dangerous or menacing dog.

(7)A notification under subsection (6) must be made—

(a)to the Council in which the dangerous or menacing dog is kept; and

(b)within 24 hours of becoming aware that the dog is a dangerous or menacing dog.

(8)A pet rehoming organisation authorisation is subject to—

(a)any prescribed condition; and

(b)any condition the Secretary imposes on the authorisation.

(9)The holder of a pet rehoming organisation authorisation must comply with the conditions to which the authorisation is subject.

Penalty:5 penalty units.

68KFRevocation of pet rehoming organisation authorisation

(1)The Secretary may revoke a pet rehoming organisation authorisation if—

(a)the pet rehoming organisation for which the authorisation was issued or a person responsible for administering the pet rehoming organisation—

(i)fails to comply with a condition of the authorisation; or

(ii)fails to comply with this Act or the regulations; or

(iii)fails to comply with a local law made under section 42(a) or (b) of this Act; or

(iv)is found guilty or convicted of an offence against this Act or the Prevention of Cruelty to Animals Act 1986 or the regulations made under those Acts; or

(b)the pet rehoming organisation's registration under the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth is revoked; or

(c)a person responsible for administering the pet rehoming organisation—

(i)is a proprietor of a rearing domestic animal business or pet shop; or

(ii)is a member of an organisation approved as an applicable organisation.

(2)Before deciding whether to revoke a pet rehoming organisation authorisation, the Secretary must—

(a)give notice in writing to the holder of the authorisation stating—

(i)the reasons for the proposed revocation; and

(ii)the date the revocation is proposed to take effect; and

(iii)that the holder of the authorisation may make submissions to the Secretary on the proposed revocation within the specified period; and

(b)consider any response made by the holder of the authorisation.

(3)The Secretary must, as soon as practicable after deciding to revoke a pet rehoming organisation authorisation under subsection (1), give the holder of the authorisation written notice stating—

(a)the decision; and

(b)the reasons for the decision; and

(c)the date on which the revocation takes effect, which must not be before the day on which the notice is given.

(4)In this section—

rearing domestic animal business means—

(a)a breeding domestic animal business; and

(b)a domestic animal business to which paragraph (e) of the definition of domestic animal business applies.

68KGCancellation on notice by organisation

(1)A pet rehoming organisation may cancel its pet rehoming organisation authorisation by giving notice to the Secretary.

(2)A notice under subsection (1) must—

(a)specify the date on which the cancellation is to take effect, which must not be less than 28 days after the day the notice is given; and

(b)be in the form and manner approved by the Secretary; and

(c)contain the prescribed information.

(3)A cancellation under subsection (1) takes effect on the date specified under subsection (2)(a).".

8New section 68YA inserted

After section 68Y of the Principal Act insert

"68YA   Issue of source numbers to pet rehoming organisations

(1)The Secretary must issue a source number to a pet rehoming organisation on issuing a pet rehoming organisation authorisation for that organisation under section 68KB.

(2)The Secretary must notify the authorised pet rehoming organisation of the source number issued under this section.

(3)If the Secretary renews a pet rehoming organisation authorisation under section 68KC, the source number issued to the holder of that authorisation is taken to be renewed.

(4)If the Secretary revokes a pet rehoming organisation authorisation, the source number issued to the holder of that authorisation is taken to be cancelled on the same terms that apply to the revocation of the authorisation.

(5)If an authorised pet rehoming organisation cancels its pet rehoming organisation authorisation, the source number issued to the holder of that authorisation is taken to be cancelled.".

9Issue of source numbers to other persons or bodies

In section 68ZB(3) of the Principal Act, for "carer" substitute "carer, an authorised pet rehoming organisation".

10Notice of cessation of source number

In section 68ZG(1) of the Principal Act, after "source number" insert "(other than a source number issued to an authorised pet rehoming organisation)".

11Power to serve infringement notice

In the Table at the foot of section 85(1) of the Principal Act, in Column 2 opposite the reference to "Departmental authorised officer" in Column 1, after "63J(1A)," insert "68KE(9),".

12Agreements to seize, receive, retain or dispose of dogs or cats

In section 84Y(ca) of the Principal Act, for "community foster care network" substitute "pet rehoming organisation".

13Payment of money out of the Fund

For section 98G(d) of the Principal Act substitute

"(d)is a pet rehoming organisation; or".

Division 2—Exemption from registration requirements and other matters

14Requirement to apply for registration

(1)In section 10(4)(b) of the Principal Act, for "practice." substitute "practice; or".

(2)After section 10(4)(b) of the Principal Act insert

"(c)in foster care under the management and direction of an authorised pet rehoming organisation (unless the animal has been under the management and direction of that organisation for more than 12 months).".

15New section 13A inserted

After section 13 of the Principal Act insert

13ANotification of foster care arrangements and sales by authorised pet rehoming organisation"

(1)An authorised pet rehoming organisation must notify the Council of the municipal district in which the organisation keeps a dog or cat in foster care under its management and direction of the prescribed information within 7 business days after the latest of the following—

(a)the day the organisation's pet rehoming authorisation takes effect;

(b)the day the animal enters foster care under the management and direction of the organisation;

(c)the day the animal attains 3 months of age.

Penalty:3 penalty units.

(2)If the premises at which the dog or cat is kept changes, the authorised pet rehoming organisation must notify the following of the prescribed information within 7 business days—

(a)the Council of the municipal district in which the animal is kept immediately before the change of premises;

(b)if different from the Council described in paragraph (a), the Council of the municipal district in which the animal is or is to be kept after the change of premises.

Penalty:3 penalty units.

(3)If the dog or cat is sold or given away, the authorised pet rehoming organisation, within 7 business days, must notify the following of the prescribed information—

(a)the Council of the municipal district in which the animal was kept immediately before the sale or giving away of the animal;

(b)if different from the Council referred to in paragraph (a), the Council of the municipal district with which the animal should be registered.

Penalty:3 penalty units.

(4)A notification under this section must be in the form and manner approved by the Secretary.

(5)This section does not apply in relation to a dog or cat on and from the date the animal is registered under section 10.

(6)If an authorised pet rehoming organisation that is an unincorporated body contravenes subsection (1), (2) or (3), each reference to the organisation in this section is to be construed as a reference to each member of the committee of management of the unincorporated body.".

16Power to serve infringement notice

(1)In the Table at the foot of section 85(1) of the Principal Act, in Column 2 opposite the reference to "Departmental authorised officer" in Column 1, after "12C," insert "13A(1), 13A(2), 13A(3),".

(2)In the Table at the foot of section 85(1) of the Principal Act, in Column 2 opposite the reference to "Council authorised officer" in Column 1, before "20(1)" insert "13A(1), 13A(2), 13A(3),".

Division 3—Sale and transfer of dogs and cats

17Definitions

In section 3(1) of the Principal Act insert the following definition—

"adoption event means an event conducted at the premises of a prescribed domestic animal business at which an authorised pet rehoming organisation sells or gives away dogs or cats;".

18Offence as to advertising dogs or cats for sale

(1)In section 12B(1) of the Principal Act—

(a)for "A person" substitute "A person or body";

(b)in paragraph (a), for "the person" substitute "the person or body".

(2)In section 12B(2) of the Principal Act, for "person" (where twice occurring) substitute "person or body".

19Offence as to publication of advertisements for dogs or cats for sale

(1)In section 12C(1) of the Principal Act—

(a)for "A person" substitute "A person or body";

(b)in paragraph (a), for "the person" substitute "the person or body".

(2)In section 12C(2) of the Principal Act, for "person" (where twice occurring) substitute "person or body".

20New Division 1 heading inserted in Part 5BA

Before section 68KA of the Principal Act insert

"Division 1—Pet rehoming organisation authorisations".

21New Division 2 inserted into Part 5BA

After section 68KG of the Principal Act insert

"Division 2—Adoption events held by authorised pet rehoming organisations

68KHNotice to Secretary of adoption event

(1)An authorised pet rehoming organisation that intends to conduct an adoption event must give notice of its intention to hold the adoption event to—

(a)the Secretary; and

(b)the Council of the municipal district in which the premises is situated of the domestic animal business at which the organisation intends to conduct the adoption event.

Penalty:10 penalty units.

(2)A notice under subsection (1) must—

(a)be made at least 7 days before the adoption event; and

(b)be in the form and manner approved by the Secretary; and

(c)state the day or days on which the adoption event is to be conducted; and

(d)include any other prescribed details.

(3)If an authorised pet rehoming organisation that is an unincorporated body contravenes subsection (1), each reference to the organisation in this section is to be construed as a reference to each member of the committee of management of the unincorporated body.

68KIOffence as to sale or giving away at adoption event if dog or cat not of a certain age

(1)An authorised pet rehoming organisation must not sell or give away a dog or cat at an adoption event that is under—

(a)6 months of age, if a dog; or

(b)8 weeks of age, if a cat.

Penalty:In the case of a body corporate, 600 penalty units;

In any other case, 164 penalty units.

(2)If an authorised pet rehoming organisation that is an unincorporated body contravenes subsection (1), each reference to the organisation in this section is to be construed as a reference to each member of the committee of management of the unincorporated body.

68KJAuthorised officer may close down adoption event

(1)A Council authorised officer, a Departmental authorised officer or a restricted authorised officer may, in accordance with subsection (2), direct the person apparently in charge of an adoption event to close down the adoption event at any time if the authorised officer reasonably believes that the welfare of any animal to be sold or given away at the adoption event is at risk.

(2)For the purposes of subsection (1), the authorised officer must give a direction to a person under subsection (1) verbally and give to that person at the same time a notice that contains the following—

(a)the reasons for the closure of the adoption event;

(b)the time the notice was issued;

(c)any action that must be taken by the person given the direction to address the animal welfare issues identified in the notice.

(3)An authorised officer who has given a direction under subsection (1) must without delay notify the Secretary and the Council of the municipal district in which the adoption event was held of the closure of the event.".

22Power to serve infringement notice

(1)In the Table at the foot of section 85(1) of the Principal Act, in Column 2 opposite the reference to "Departmental authorised officer" in Column 1, before "84DB" insert "68KH(1), 68KI(1),".

(2)In the Table at the foot of section 85(1) of the Principal Act, in Column 2 opposite the reference to "Restricted authorised officer" in Column 1, before "96" insert "68KH(1), 68KI(1),".

23Offence to sell certain animals outside certain places

After section 96(ac) of the Principal Act insert

"(ad)unless the animal is sold at an adoption event that is notified to the Secretary by an authorised pet rehoming organisation in accordance with section 68KH; or".

Division 4—Repeal of foster carer registration scheme

24Purpose

Section 1(db) of the Principal Act is repealed.

25Definitions

In section 3(1) of the Principal Act, the definitions of foster carer registration and registered foster carer are repealed.

26Section 13 amended

(1)In the heading to section 13 of the Principal Act omit "or foster carer".

(2)Section 13(2) of the Principal Act is repealed.

27Registration fees

(1)In section 15(4)(d)(ii) of the Principal Act, for "practice;" substitute "practice.".

(2)Section 15(4)(e) and (f) of the Principal Act are repealed.

28Definition

In section 63AAA of the Principal Act, in the definition of approved source

(a)in paragraph (b), for "section 47;" substitute "section 47.";

(b)paragraph (c) is repealed.

29Section 63AAD repealed

Section 63AAD of the Principal Act is repealed.

30Part 5B repealed

Part 5B of the Principal Act is repealed.

31Secretary to keep information register

Section 68M(1)(a)(ii) of the Principal Act is repealed.

32Section 68O repealed

Section 68O of the Principal Act is repealed.

33Section 68Q amended

(1)In the heading to section 68Q of the Principal Act omit ", 68O".

(2)In section 68Q(1) of the Principal Act omit "a registered foster carer," (where first occurring).

(3)For section 68Q(1)(d) of the Principal Act substitute

"(d)the address of the premises at which a relevant person or body who carries out breeding of dogs or cats, carries out that breeding;".

33APersons who may inspect the information register

(1)Section 68U(2)(b) of the Principal Act is repealed.

(2)In section 68U(3) of the Principal Act omit ", (b)(ii)".

34Section 68Z repealed

Section 68Z of the Principal Act is repealed.

35Issue of source numbers to other persons or bodies

In section 68ZB(3) of the Principal Act omit "a foster carer,".

36Power to serve infringement notice

(1)In the Table at the foot of section 85(1) of the Principal Act, in Column 2 opposite the reference to "Restricted authorised officer" in Column 1 omit "63AAD(1), 63AAD(2), 63AAD(3), 63AAD(4),".

(2)In the Table at the foot of section 85(1) of the Principal Act, in Column 2 opposite the reference to "Council authorised officer" in Column 1—

(a)omit "13(2),";

(b)omit "63AAD(1), 63AAD(2), 63AAD(3), 63AAD(4),".

37Regulations

Section 100(1)(eb) of the Principal Act is repealed.

37AOffence to disclose information

In section 100B(1) of the Principal Act (where twice occurring) omit "5B,".

37BPermitted disclosures

In section 100C of the Principal Act (wherever occurring) omit "5B,".


PART 4—ESTABLISHMENT OF PET REHOMING REGISTER

38Definitions

In section 3(1) of the Principal Act insert the following definition—

"pet rehoming register means the register established and maintained under section 68ZI;".

39New Part 5D inserted

After Part 5C of the Principal Act insert

"PART 5D—PET REHOMING REGISTER

68ZHDefinition of inspect

In this Part—

inspect, in relation to the pet rehoming register, includes the obtaining of information kept on the register either orally or in writing.

68ZISecretary to keep pet rehoming register

(1)The Secretary must establish and maintain a register of information relating to—

(a)authorised pet rehoming organisations; and

(b)the fate of any dog or cat in the care of authorised pet rehoming organisations, animal shelters and Council pounds.

(2)The register must contain the following information—

(a)in relation to an authorised pet rehoming organisation—

(i)the date of the pet rehoming organisation's registration under Part 2-1 of the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth; and

(ii)the names of each person who is responsible for administering the pet rehoming organisation; and

(iii)any information provided to the Secretary on request under section 68KA(3); and

(iv)the prescribed information;

(b)if the Secretary issues or renews a pet rehoming organisation authorisation—

(i)the date on which the authorisation is issued or renewed; and

(ii)the date on which the authorisation expires; and

(iii)the source number issued in relation to the authorisation;

(c)if the Secretary revokes a pet rehoming organisation authorisation—

(i)the date the revocation takes effect; and

(ii)the Secretary's reason for deciding to revoke the authorisation, including the provision of this Act under which the decision was made; and

(iii)any prescribed information;

(d)if an authorised pet rehoming organisation cancels its pet rehoming organisation authorisation—

(i)the date the cancellation takes effect; and

(ii)any other information provided by the pet rehoming organisation in the notice of cancellation;

(e)if the Secretary refuses an application to issue or renew a pet rehoming organisation authorisation—

(i)the name, address, telephone number and email address of the pet rehoming organisation; and

(ii)the name, address, telephone number and email address of any person specified in the application as a person who will be responsible for administering the pet rehoming organisation; and

(iii)the date of the pet rehoming organisation's registration under Part 2-1 of the Australian Charities and Not‑for‑profits Commission Act 2012 of the Commonwealth; and

(iv)the Secretary's reason for refusing to issue or renew the authorisation, including the provision of this Act under which the decision was made; and

(v)any prescribed information;

(f)any information concerning the fate of a dog or cat provided to the Secretary by an authorised pet rehoming organisation under section 68KE(2);

(g)any information concerning the fate of a dog or cat provided to the Secretary by an animal shelter or Council pound in accordance with any relevant business code of practice;

(h)any notice of an intention to hold an adoption event given to the Secretary by an authorised pet rehoming organisation in accordance with section 68KH.

68ZJ   Persons who may inspect the pet rehoming register

(1)In accordance with the regulations (if any), the following persons may inspect information in the pet rehoming register—

(a)the Secretary, or a person employed in the Department, acting in the course of the Secretary or person's duties under this Act;

(b)a Council, or a person engaged or employed by the Council, acting in the course of the Council or person's duties under this Act;

(c)a Departmental authorised officer or a Council authorised officer acting in the course of the officer's duties under this Act.

(2)A person to whom any of the following paragraphs applies may, in accordance with the regulations, inspect the register for the purpose set out in the paragraph that applies to that person—

(a)a person responsible for administering an authorised pet rehoming organisation, for the purpose of providing information regarding the organisation required under this Act or the regulations;

(b)an animal shelter or a Council pound, for the purpose of providing information in accordance with this Act, the regulations or a business code of practice.

68ZKGeneral inspector may request information from register

(1)A general inspector may, for the purpose of determining compliance with the Prevention of Cruelty to Animals Act 1986, request in writing that the Secretary provide the inspector with information from the pet rehoming register that relates to—

(a)the fate of an animal under the management and direction of an authorised pet rehoming organisation; and

(b)the location of an animal under the management and direction of an authorised pet rehoming organisation.

(2)In this section—

general inspector means a person who is a general inspector under section 18(1)(b)(ii) of the Prevention of Cruelty to Animals Act 1986.

68ZLOffence as to pet rehoming register

A person must not inspect or attempt to inspect all or any part of the pet rehoming register unless the person does so in accordance with this Part.

Penalty:10 penalty units.".

40Persons who may inspect the register

(1)In section 44AC(2)(h) of the Principal Act, for "dog." substitute "dog;".

(2)After section 44AC(2)(h) of the Principal Act insert

"(i)a person responsible for administering an authorised pet rehoming organisation, for the purposes of confirming whether the dog is a dangerous or menacing dog or a dog that has been declared to be a restricted breed dog under this Act.".

41Secretary to be given information as to refusal etc. of registration

(1)For section 68R(1) of the Principal Act substitute

"(1)For the purpose of maintaining the information register, a Council must give the information set out in subsection (2) to the Secretary within 7 days after making a decision under Part 4—

(a)to refuse to grant, renew or transfer a registration under that Part; or

(b)to suspend or revoke a registration under that Part.".

(2)In section 68R(2) of the Principal Act, for "subsection (1)(a)" substitute "subsection (1)".

(3)Section 68R(3) of the Principal Act is repealed.

42Persons who may inspect the information register

After section 68U(2)(b) of the Principal Act insert

"(ba)for purchasing or obtaining from an authorised pet rehoming organisation, the source number of the pet rehoming organisation;".

43Offence to disclose information

In section 100B(1) of the Principal Act, for "Part 5B or 5C" (where twice occurring) substitute "Part 5B, 5BA, 5C or 5D".

44Permitted disclosures

In section 100C of the Principal Act, for "Part 5B or 5C" (wherever occurring) substitute "Part 5B, 5BA, 5C or 5D".

PART 5—ENTRY POWERS OF AUTHORISED OFFICERS

45Entry, search and other powers of authorised officers for some purposes

In section 74(2)(a) of the Principal Act, for "not occupied as a place of residence or any vehicle" substitute "or any vehicle, other than any vehicle or building occupied as a residence".

PART 6—OTHER MATTERS

46Notification of sale by domestic animal business

For section 13(3) of the Principal Act substitute

"(3)A notification under this section must be made—

(a)within 7 days after the sale or giving away of the animal; and

(b)in the form and manner specified by the Council.".

47Powers of Council

(1)For section 54(3B) of the Principal Act substitute

"(3B)The Council must refuse to register, renew the registration of or transfer the registration of a premises on which a domestic animal business is or is proposed to be conducted that is a breeding domestic animal business, if a relevant person in relation to that domestic animal business is a relevant person—

(a)in relation to an animal shelter, pet shop or pound (wherever situated); or

(b)in relation to an authorised pet rehoming organisation.".

(2)In section 54(4) of the Principal Act, for the definition of relevant person substitute

"relevant person

(a)in relation to a domestic animal business, means any of the following—

(i)the proprietor of the business;

(ii)the person who conducts the business;

(iii)the person applying for registration, renewal of registration or transfer of registration of premises on which the business is being or is to be conducted; or

(b)in relation to an authorised pet rehoming organisation, means any of the following—

(i)a person responsible for administering the pet rehoming organisation;

(ii)a person providing foster care as part of the pet rehoming organisation;".

48Agreements to seize, receive, retain or dispose of dogs or cats

In section 84Y of the Principal Act, for "a person or body" substitute "a prescribed person or body".

49Regulations

After section 100(1)(ed) of the Principal Act insert

"(ef)the duties and obligations of an authorised pet rehoming organisation—

(i)in relation to dogs or cats in foster care under the management and direction of the organisation; and

(ii)during and after adoption events held by the organisation; and

(iii)in relation to the provision of information to persons to whom the organisation sells or gives an animal; and

(eg)the prohibition or regulation of the sale or giving away of dogs and cats by authorised pet rehoming organisations; and

(eh)prescribing the requirements for medical treatment to be carried out on any dog or cat kept in foster care under the management and direction of an authorised pet rehoming organisation before the dog or cat is sold or given away (including vaccination, worming and desexing); and".

50Amendment to the Schedule—Registration fees

In Column 2 of Part 1 of the Schedule to the Principal Act, for "Dogs that are permanently identified in the prescribed manner" substitute "Dogs belonging to any prescribed class of dog that are permanently identified in the prescribed manner".

PART 6A—AMENDMENT OF CEMETERIES AND CREMATORIA ACT 2003

50APower to make cemetery trust rules

After section 26(2)(g) of the Cemeteries and Crematoria Act 2003 insert

"(ga)the placement and burial of animal remains in places of interment;".

50BNew section 78A inserted

After section 78 of the Cemeteries and Crematoria Act 2003 insert

78APlacement and burial of animal remains"

Nothing in this Act prevents the placement and burial of animal remains in a place of interment.".

PART 7—REPEAL OF THIS ACT

51Repeal of this Act

This Act is repealed on 10 April 2028.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

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


Minister's second reading speech—

Legislative Assembly: 13 August 2025

Legislative Council: 11 September 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Domestic Animals Act 1994 in relation to the rehoming of dogs and cats and the Cemeteries and Crematoria Act 2003 in relation to the placement and burial of animal remains and for other purposes."

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