Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022 (Vic)
Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022
No. 3 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of the Domestic Animals Act 1994 in relation to reuniting pets with their owners
3Requirement to scan animals for permanent identification devices
4Seized dog or cat must be delivered up
5New sections 84DA, 84DB, 84DC and 84DD inserted
6Custody of seized dogs or cats
7Owners of dogs believed to be restricted breed dogs must be served with declaration
8Recovery of dog or cat
9Agreements to seize, receive, retain or dispose of dogs and cats
Part 3—Other amendments to the Domestic Animals Act 1994
10Definitions
11Governor in Council exemptions
12Minister's power to delegate
13Section 6A substituted
14Offence as to advertising dogs or cats for sale
15Offence as to publication of advertisements for dogs or cats for sale
16Registration fees
17Restraint of greyhounds
18Approval of commercial dog breeders
19Chief veterinary officer may ask for report and monitoring
20Chief veterinary officer may make recommendation
21Conditions of commercial dog breeder approval
22Council to be notified of matters relating to a commercial dog breeder approval
23Offence to provide identifying information in certain circumstances
24Information to be given to Secretary for source number applications
25Applicable organisation to give information as to cessation of membership of recreational breeder to Secretary
26Application for source numbers or renewal of source numbers
27Appointment of Departmental authorised officers
28Appointment of restricted authorised officers
29Identity cards for authorised officers
30Entry, search and other powers of authorised officers for some purposes
31New section 74AA inserted
32Entry and search powers to monitor compliance of domestic animal businesses and keeping of GRV greyhounds
33Offences relating to authorised officers
34Prosecution of identified persons suspected of committing offences
35Power of Court to make orders prohibiting ownership of dogs or cats
36Order for bond or costs
37Power to serve infringement notice
38New section 107 inserted
39Statute law revision amendments
Part 4—Repeal of this Act
40Repeal of this Act
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Endnotes
1 General information
Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022
No. 3 of 2022
[Assented to 1 March 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are to amend the Domestic Animals Act 1994—
(a)to improve the process for reuniting pets with their owners; and
(b)to make other miscellaneous and consequential amendments.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 October 2022, it comes into operation on that day.
Part 2—Amendment of the Domestic Animals Act 1994 in relation to reuniting pets with their owners
3Requirement to scan animals for permanent identification devices
(1)In section 63J(1) of the Domestic Animals Act 1994—
(a)after "pound" (where first occurring) insert ", or a person employed or engaged by that person,";
(b)for "that enters" substitute "that is received by".
(2)After section 63J(1) of the Domestic Animals Act 1994 insert—
"(1A)A veterinary practitioner who does not have an agreement under section 84Y with a Council must scan a dog or cat, which has been seized under section 84 or 84A and received by the veterinary practitioner, within 12 hours after receiving the dog or cat.
Penalty:4 penalty units.".
4Seized dog or cat must be delivered up
For section 84D(1) of the Domestic Animals Act 1994 substitute—
"(1)A person (other than an authorised officer) who seizes a dog or cat under section 84 or 84A must, as soon as is reasonably possible after the seizure, deliver it to—
(a)a Council authorised officer of the municipal district in which it was seized; or
(b)a person or body that has an agreement under section 84Y with that Council; or
(c)a person or body that conducts an animal shelter that does not have an agreement under section 84Y with that Council; or
(d)a veterinary practitioner who does not have an agreement under section 84Y with that Council and who consents to receiving the dog or cat.".
5New sections 84DA, 84DB, 84DC and 84DD inserted
After section 84D of the Domestic Animals Act 1994 insert—
"84DA Person or body receiving dog or cat must take steps to identify owner
(1)This section applies to a person or a body that conducts an animal shelter or to a veterinary practitioner—
(a)that has received a seized dog or cat from a person under section 84D; and
(b)that does not have an agreement under section 84Y with the Council of the municipal district in which the shelter or the veterinary practitioner is located.
(2)The person, body or veterinary practitioner must—
(a)on finding a permanent identification device implanted in, or a marker attached to, the dog or cat , make a reasonable effort to compare the information on the device or marker with any information kept by the Council of the municipal district in which the dog or cat was seized; and
(b)if the owner of the dog or cat is identified within 24 hours after the dog or cat is received, take reasonable steps to contact the owner as soon as is practicable after that identification to notify the owner of—
(i)the location of the dog or cat; and
(ii)the period of time within which the owner may recover the dog or cat (recovery period).
Penalty:4 penalty units.
(3)The owner of the dog or cat or the owner's agent may recover the dog or cat within the recovery period if the owner or agent proves to the satisfaction of the person, body or veterinary practitioner that they are the owner of the dog or cat or the agent of the owner.
(4)For the purposes of subsection(2)(b), the recovery period is whichever of the following periods of time ends last—
(a)any period of time that ends before the 24 hour period after the dog or cat is received;
(b)any other period of time—
(i)notified to the owner of the dog or cat under subsection (2)(b) by the person, body or veterinary practitioner; or
(ii)agreed to by the owner of the dog or cat and the person, body or veterinary practitioner.
84DBCircumstances in which a dog or cat must be relinquished to a Council authorised officer
A person or body that conducts an animal shelter or a veterinary practitioner, that is referred to in section 84DA(1), that has received a dog or cat must, in accordance with the mutual agreement of a Council authorised officer of the municipal district in which the shelter or veterinary practitioner is located, relinquish the dog or cat to that officer after any of the following occurs—
(a)the person, body or veterinary practitioner has not identified the owner of the dog or cat within 24 hours after receiving the dog or cat;
(b)the person, body or veterinary practitioner has not been able to contact the owner as soon as practicable after identifying the dog or cat;
(c)the owner or an agent of the owner has not recovered the dog or cat within the recovery period (within the meaning of section 84DA(4));
(d)the veterinary practitioner is concerned about the health or welfare of the dog or cat or has determined that the dog or cat is neglected;
(e)in the case of a dog, the person, body or veterinary practitioner reasonably suspects the dog—
(i)to be a dangerous or menacing dog or a restricted breed dog; or
(ii)to have been involved in a dog attack;
(f)a prescribed circumstance.
Penalty:4 penalty units.
84DC Veterinary practitioners who receive a dog or cat may recover certain costs from the owner
(1)This section applies to a veterinary practitioner—
(a)who has received a seized dog or cat from a person under section 84D; and
(b)who does not have an agreement under section 84Y with the Council of the municipal district in which the veterinary practitioner is located.
(2)The veterinary practitioner may ask the owner of the dog or cat to pay the reasonable costs and expenses incurred by the veterinary practitioner while retaining custody of the dog or cat including in relation to the housing, care, treatment and maintenance of the dog or cat.
(3)Despite subsection (2), the veterinary practitioner may not compel the owner of the dog or cat to pay the costs and expenses referred to in that subsection including by way of refusing to allow the owner to recover the dog or cat unless those costs and expenses are paid.
84DDVeterinary practitioners and animal shelters must record and report on reunification of pets with owners
(1)This section applies to a person or body that conducts an animal shelter or to a veterinary practitioner—
(a)that receives seized dogs or cats from persons under section 84D; and
(b)that does not have an agreement under section 84Y with the Council of the municipal district in which the person, body or veterinary practitioner is located.
(2)The person, body or veterinary practitioner must—
(a)keep and maintain a record that contains the prescribed details of—
(i)every seized dog and cat received by the person, body or veterinary practitioner during the prescribed period; and
(ii)any owner or agent of an owner who has recovered a seized dog or cat from the person, body or veterinary practitioner during the prescribed period referred to in subparagraph (i); and
(b)give a report to the Council of the municipal district in which the person, body or veterinary practitioner is located containing the prescribed details required to be kept under paragraph (a); and
(c)ensure that a report under paragraph (b) is given to the Council by the prescribed time.
Penalty:4 penalty units.
(3)Subsection (2) does not apply to a person, body or veterinary practitioner if no seized cats or dogs were received by, or recovered by their owners or agents of owners from, the person, body or veterinary practitioner during a period prescribed under subsection (2)(a).".
6Custody of seized dogs or cats
In section 84J(1) of the Domestic Animals Act 1994, for "body holding" substitute "body that has an agreement under section 84Y with that Council and is holding".
7Owners of dogs believed to be restricted breed dogs must be served with declaration
In section 84K(1) of the Domestic Animals Act 1994, after "section 80" insert "or has been delivered a dog under section 84D".
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".
(2)For section 84M(2)(a) of the Domestic Animals Act 1994 substitute—
"(a)proves to the satisfaction of a Council or a person or body that has an agreement with a Council under section 84Y, which is retaining the animal, that he or she is the owner of the animal; and".
9Agreements to seize, receive, retain or dispose of dogs and cats
(1)In the heading to section 84Y of the Domestic Animals Act 1994, after "seize," insert "receive,".
(2)In section 84Y(b) of the Domestic Animals Act 1994, before "retain" insert "receive and".
Part 3—Other amendments to the Domestic Animals Act 1994
10Definitions
(1)In section 3(1) of the Domestic Animals Act 1994, in the definition of Department, for "Economic Development, Jobs, Transport and Resources" substitute "Jobs, Precincts and Regions".
(2)In section 3(1) of the Domestic Animals Act 1994, for the definition of recreational breeder substitute—
"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;".
(3)Section 3(2) of the Domestic Animals Act 1994 is repealed.
11Governor in Council exemptions
(1)After section 5(1)(a) of the Domestic Animals Act 1994 insert—
"(ab)any person or class of person; or".
(2)In section 5(1) of the Domestic Animals Act 1994, after "this Act" insert "or the regulations".
(3)After section 5(2) of the Domestic Animals Act 1994 insert—
"(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.".
12Minister's power to delegate
After section 6(b) of the Domestic Animals Act 1994 insert—
"(ba)to declare an organisation as a declared bird organisation under section 58T; or".
13Section 6A substituted
For section 6A of the Domestic Animals Act 1994 substitute—
"6A Secretary'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.".
14Offence as to advertising dogs or cats for sale
At the end of section 12B of the Domestic Animals Act 1994 insert—
"(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.".
15Offence as to publication of advertisements for dogs or cats for sale
At the end of section 12C of the Domestic Animals Act 1994 insert—
"(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.".
16Registration fees
In section 15(4)(e) and (f) of the Domestic Animals Act 1994, for "first 12 month period" (wherever occurring) substitute "first registration period under section 11".
17Restraint of greyhounds
After section 27(1) of the Domestic Animals Act 1994 insert—
"(1A)Subsection (1)(a) applies only to a GRV greyhound.".
18Approval of commercial dog breeders
In section 58AA(2) of the Domestic Animals Act 1994, for "40 days" substitute "60 days".
19Chief veterinary officer may ask for report and monitoring
At the foot of section 58AD(1)(b) of the Domestic Animals Act 1994 insert—
"Note
There are entry and search powers under Part 7, specifically under sections 74(2) and 74AC, which can be used at any time to monitor the compliance of breeding domestic animal businesses with a relevant provision or other provisions of this Act and the regulations. Either of these entry and search powers could be utilised by a Departmental authorised officer if the officer is asked under section 58AD(1)(b) to carry out an entry and search of a premises for the purposes of monitoring compliance with a relevant provision.".
20Chief veterinary officer may make recommendation
(1)For section 58AE(1) of the Domestic Animals Act 1994 substitute—
"(1)After considering any report under section 58AD(1), the chief veterinary officer may make any of the following recommendations—
(a)whether or not the proprietor of a breeding domestic animal business should be granted a commercial dog breeder approval or the commercial dog breeder approval of the proprietor of a breeding domestic animal business should be renewed;
(b)if the chief veterinary officer considers it necessary in the circumstances, that particular conditions should be imposed on a grant of approval or renewal of an approval recommended under paragraph (a).".
(2)After section 58AE(2) of the Domestic Animals Act 1994 insert—
"(3)The Minister must consider any recommendations made by the chief veterinary officer under subsection (1) and may grant the approval or renewal of a commercial dog breeder approval subject to all or any conditions specified in a recommendation.".
21Conditions of commercial dog breeder approval
For section 58AF(1) and (2) of the Domestic Animals Act 1994 substitute—
"(1)It is a condition of a commercial dog breeder approval that a Departmental authorised officer may, under Part 7, enter and search the premises on which the breeding domestic animal business is being conducted for the purpose of monitoring compliance with a relevant provision (within the meaning of section 74AB)—
(a)when the approval is being renewed; or
(b)when the premises is being transferred; or
(c)at any other time.
Note
There are entry and search powers under Part 7, specifically under sections 74(2) and 74AC, which can be used at any time to monitor the compliance of breeding domestic animal businesses with a relevant provision or other provisions of this Act and the regulations. Either of these entry and search powers could be utilised by a Departmental authorised officer for the purposes of section 58AF(1).
(2)It is a condition of a commercial dog breeder approval that the holder of the approval must not keep more than the maximum number of relevant fertile female dogs specified by the Minister in the approval, which must not be more than 50 relevant fertile female dogs.".
22Council to be notified of matters relating to a commercial dog breeder approval
(1)In the heading to section 58AL of the Domestic Animals Act 1994, after "of" insert "matters relating to a".
(2)In section 58AL of the Domestic Animals Act 1994, after "renewal," insert "refusal to grant or renew,".
23Offence to provide identifying information in certain circumstances
After section 63H(2)(a)(iv) of the Domestic Animals Act 1994 insert—
"(iva)a general inspector within the meaning of section 18(1)(b)(ii) of the Prevention of Cruelty to Animals Act 1986; or".
24Information to be given to Secretary for source number applications
(1)In section 68P(2) of the Domestic Animals Act 1994, after "(e)," insert "(f), (g),".
(2)In section 68P(3) of the Domestic Animals Act 1994, for "(c)(ii) and (iii)" substitute "(c)".
25Applicable organisation to give information as to cessation of membership of recreational breeder to Secretary
In section 68S(1)(b) of the Domestic Animals Act 1994, after "resigns" insert "the breeder's membership as a breeding member".
26Application for source numbers or renewal of source numbers
(1)In section 68ZD(1) of the Domestic Animals Act 1994, for "body" substitute "body,".
(2)After section 68ZD(1) of the Domestic Animals Act 1994 insert—
"(1A)A person or body, other than a recreational breeder, microbreeder or person referred to in section 68ZD(1), may apply to the Secretary for the issue of a source number.".
27Appointment of Departmental authorised officers
At the end of section 71 of the Domestic Animals Act 1994 insert—
"(2)The Minister must, in an instrument of appointment under subsection (1), specify—
(a)whether the appointment applies in respect of the whole or part of Victoria; and
(b)the provisions of this Act for which the appointed person is appointed; and
(c)the powers under this Act that the person appointed is authorised to exercise; and
(d)the period for which the person appointed is so appointed.".
28Appointment of restricted authorised officers
After section 71A(2)(a) of the Domestic Animals Act 1994 insert—
"(ab)specify whether the appointment applies in respect of the whole or part of Victoria; and
(ac)specify the provisions of this Act for which the appointed person is appointed; and".
29Identity cards for authorised officers
(1)In section 73(3) of the Domestic Animals Act 1994—
(a)for "An authorised" substitute "If requested to do so, an authorised";
(b)omit ", if asked to do so".
(2)After section 73(3) of the Domestic Animals Act 1994 insert—
"(4)Subsection (3) does not apply—
(a)if the request is unreasonable in the circumstances; or
(b)to a power exercised by post or electronic communication.".
30Entry, search and other powers of authorised officers for some purposes
At the end of section 74(2) of the Domestic Animals Act 1994 insert—
"Note
The search and entry power in section 74(2) may be used by a Departmental authorised officer for the purposes of section 58AD(1)(b) or 58AF(1).".
31New section 74AA inserted
After section 74 of the Domestic Animals Act 1994 insert—
"74AA Production of documents and records
(1)An authorised officer may on reasonable notice—
(a)require a person to produce a document or record, which the authorised officer reasonably believes to be relevant for the purpose of ascertaining whether or not the provisions of this Act or the regulations are being complied with; and
(b)examine the document or record; and
(c)make copies of the document or record or take extracts from it; and
(d)remove the document or record for as long as is reasonably necessary to make copies or take extracts from it.
(2)It is a reasonable excuse for a natural person to refuse or fail to produce a document or record under subsection (1) if producing the document would tend to incriminate that person or make that person liable to a penalty.".
32Entry and search powers to monitor compliance of domestic animal businesses and keeping of GRV greyhounds
At the end of section 74AC(1) of the Domestic Animals Act 1994 insert—
"Note
The search and entry power in section 74AC(1) may be used by a Departmental authorised officer for the purposes of section 58AD(1)(b) or 58AF(1).".
33Offences relating to authorised officers
(1)In section 76(3) of the Domestic Animals Act 1994, for "in the discharge of his or her" substitute ", or a person assisting the authorised officer, in the discharge of the authorised officer's".
(2)After section 76(3) of the Domestic Animals Act 1994 insert—
"(3A)A person must not threaten, abuse or intimidate or attempt to threaten, abuse or intimidate, an authorised officer, or a person assisting an authorised officer, in the discharge of the authorised officer's powers, duties or functions under this Act.
Penalty:60 penalty units.".
34Prosecution of identified persons suspected of committing offences
In section 84Q(2A) of the Domestic Animals Act 1994, for "63AAE," substitute "63AAE or63AE".
35Power of Court to make orders prohibiting ownership of dogs or cats
(1)In section 84WA(1) of the Domestic Animals Act 1994, for "one or both" substitute "any one or more".
(2)For section 84WA(1)(a) of the Domestic Animals Act 1994 substitute—
'"(a)that the person is prohibited from keeping an animal of a specified species;
(ab)that the person is prohibited from keeping for the purposes of sale, or selling, an animal of a specified species; ".
(3)In section 84WA(1)(b) of the Domestic Animals Act 1994, for "business." substitute "business;".
(4)After section 84WA(1)(b) of the Domestic Animals Act 1994 insert—
"(c)that the person is prohibited from working for a recreational breeder or a microbreeder.".
36Order for bond or costs
In section 84WC(1C) of the Domestic Animals Act 1994, after "made" insert "for an order".
37Power to serve infringement notice
In the Table at the foot of section 85(1) of the Domestic Animals Act 1994—
(a)in Column 2 opposite the reference to Departmental authorised officer in Column 1, after "63J(1)," insert "63J(1A), 84DB, 84DD(2),";
(b)in Column 2 opposite the reference to Council authorised officer in Column 1, after "63J(1)," insert "63J(1A), 84DB, 84DD(2),".
38New section 107 inserted
After section 106 of the Domestic Animals Act 1994 insert—
"107 Transitional 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.".
39Statute law revision amendments
(1)The note at the foot of section 54(2) of the Domestic Animals Act 1994 is repealed.
(2)In sections 55 and 56 of the Domestic Animals Act 1994, for "54C, 54D or 54E" substitute "54C or 54D".
(3)In section 68ZF(a)(i) of the Domestic Animals Act 1994, for "or (2)" substitute "or (2) of".
(4)In section 74A of the Domestic Animals Act1994 omit "12B, 12C," (where first occurring).
(5)In section 82B(2)(b) of the Domestic Animals Act 1994, for "58AF" substitute "58AF,".
(6)In section 84WAB(1) of the Domestic Animals Act 1994, for "Penalty" substitute "Penalty:".
Part 4—Repeal of this Act
40Repeal of this Act
This Act is repealed on 1 October 2023.
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: 7 October 2021
Legislative Council: 2 December 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Domestic Animals Act 1994 to improve the process for reuniting pets with their owners and to make other miscellaneous and consequential amendments and for other purposes."
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