Domestic Animals Legislation Amendment Act 2021 (ACT)

Case

Domestic Animals Legislation Amendment Act 2021

A2021-11

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Domestic Animals Act 2000

4Offences against Act—application of Criminal Code etc
Section 4A, note 1, new dot point  3

5            Section 9  3

6            New sections 10, 10A and 10B  3

7           Registration numbers and certificatesNew section 11 (1A)  5

8            New section 12A  5

9            Registration—cancellationSection 13 (1) (a)  6

10          New section 13 (2) (c) to (e)  6

11          New part 13  6

Part 3Domestic Animals Regulation 2001

12          Dog registration information—Act, s 8Section 5 (a)  8

13          New section 5 (ba)  8

14          New section 5 (i) to (l)  8

15          Information on dog registration certificates—Act s 11 (2)New section 6 (g) and (h)  9

16          Reviewable decisionsSchedule 1, item 1, column 2  9

17          Schedule 1, item 2, column 2  9

18          Dictionary, note 3  9

Part 4Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005

19          Domestic animals legislation infringement notice offences and penaltiesSchedule 1, part 1.1, new item 1A  10

Domestic Animals Legislation Amendment Act 2021

A2021-11

An Act to amend legislation about domestic animals

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

Part 1Preliminary

  1. Name of Act

    This Act is the Domestic Animals Legislation Amendment Act 2021.

  2. Commencement

    This Act commences on 1 July 2021.

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

  3. Legislation amended

    This Act amends the following legislation:

    ·     Domestic Animals Act 2000

    ·     Domestic Animals Regulation 2001

    ·     Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005.

Part 2Domestic Animals Act 2000

  1. Offences against Act—application of Criminal Code etc
    Section 4A, note 1, new dot point

    insert

    ·     s 10A (Keeper must comply with reminder notice)

  2. Section 9

    substitute

  3. Registration—duration

    The registration of a dog remains in force for 12 months unless it is sooner surrendered, cancelled or renewed.

  4. New sections 10, 10A and 10B

    insert

  5. Reminder notice for registration renewal

    (1)The registrar must give the registered keeper of a dog a written notice (a reminder notice) at least 14 days before the day the dog’s registration ends.

    (2)The reminder notice must state—

    (a)the date on which the dog’s registration ends; and

    (b)that the keeper is required to confirm or update information about the dog’s registration that is recorded, or that is required to be recorded, on the register; and

    (c)either—

    (i)the information about the dog’s registration required to be confirmed or updated; or

    (ii)how the keeper of the dog may electronically access information on the register about the dog’s registration; and

    (d)that if the keeper is less than 16 years old and resides with a parent or guardian, the keeper must provide written consent to the renewal of registration by the parent or guardian; and

    (e)how the keeper may comply with the notice; and

    (f)that it is an offence for the keeper to fail to comply with the notice before the dog’s registration ends; and

    (g)any other information prescribed by regulation.

10AKeeper must comply with reminder notice

(1)A registered keeper of a dog commits an offence if the keeper—

(a)is given a reminder notice in accordance with section 10; and

(b)fails to comply with the reminder notice.

Maximum penalty:  10 penalty units.

NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

(2)An offence against this section is a strict liability offence.

10BRegistration—automatic renewal

The registration of a dog is renewed if the registered keeper of the dog—

(a)is given a reminder notice under section 10; and

(b)complies with the reminder notice.

  1. Registration numbers and certificates
    New section 11 (1A)

    insert

    (1A)If the registration of a dog is renewed, the registrar must give the registered keeper of the dog a registration certificate for the dog.

  2. New section 12A

    insert

12ARegistrar may request information

(1)The registrar may, by written notice to the keeper of a registered dog, require the keeper to give the registrar information that is reasonably necessary for carrying out a function under this Act.

(2)The written notice must state—

(a)the information required to be given; and

(b)how the keeper may give the information; and

(c)the period, of not less than 28 days after the notice was given, in which the notice must be complied with; and

(d)that the dog’s registration may be cancelled if the keeper fails to comply with the notice.

Note 1It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

Note 2The Legislation Act, s 170 deals with the application of the privilege against self-incrimination.

  1. Registration—cancellation
    Section 13 (1) (a)

    substitute

    (a)the registrar is told in writing or becomes aware that the dog has died; or

  2. New section 13 (2) (c) to (e)

    insert

    (c)the dog is not implanted with an identifying microchip as required under this Act; or

    (d)the dog is not de-sexed as required under this Act; or

    (e)the keeper fails to comply with a written notice given in accordance with section 12A.

  3. New part 13

    insert

Part 13Transitional—Domestic Animals Legislation Amendment Act 2021

  1. Transitional—dog registered before 1 July 2021

    (1)This section applies to the registration of a dog that is in force immediately before 1 July 2021.

    (2)The registration ends—

    (a)if the date of the registration is on a day in July or on 1 August—1 month after the next anniversary of the registration date; and

    (b)if the date of the registration is on any other day—on the next anniversary of the registration date.

    (3)Subsection (2) does not apply if the registration is sooner surrendered, cancelled or renewed.

    (4)In this section:

    next anniversary, of a registration date, means the first anniversary of the registration date occurring after 1 July 2021.

  2. Expiry—pt 13

    This part expires on 30 June 2022.

    NoteA transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Part 3Domestic Animals Regulation 2001

  1. Dog registration information—Act, s 8
    Section 5 (a)

    substitute

    (a)the name, address and, if known, other contact details of the keeper of the dog;

    (aa)any conviction or finding of guilt of the keeper of the dog within the last 10 years against an animal welfare offence or an offence against the Act (other than an excluded offence);

  2. New section 5 (ba)

    insert

    (ba)the dog’s name, if known;

  3. New section 5 (i) to (l)

    insert

    (i)if the dog has been de-sexed—a statement to that effect;

    (j)if ownership of the dog, or who keeps the dog, has changed—the name, address and, if known, other contact information of the former owner or keeper;

    (k)if the registrar is told in writing or becomes aware that the dog has died—a statement that the dog is deceased;

    (l)if the registration of the dog is renewed—the date of the renewal.

  4. Information on dog registration certificates—Act s 11 (2)
    New section 6 (g) and (h)

    insert

    (g)if the registrar registers a dog—the date of registration, and the date the registration ends;

    (h)if the registrar renews the registration of a dog—the date of renewal of registration, and the date the registration ends.

  5. Reviewable decisions
    Schedule 1, item 1, column 2

    substitute

    Act, 7 (1) (b)

  6. Schedule 1, item 2, column 2

    substitute

    Act, 13 (2)

  7. Dictionary, note 3

    insert

    ·     animal welfare offence

    ·     de-sex

    ·     excluded offence


Part 4Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005

  1. Domestic animals legislation infringement notice offences and penalties
    Schedule 1, part 1.1, new item 1A

    before item 1, insert

1A 10A (1) keeper must comply with reminder notice 10 150

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 31 March 2021.

  2. Notification

    Notified under the Legislation Act on 19 May 2021.

  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 Legislation Amendment Bill 2021, which was passed by the Legislative Assembly on 13 May 2021.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2021

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