Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 (Vic)
Domestic (Feral and Nuisance) Animals
(Amendment) Regulations 2002
S.R. No. 62/2002
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provisions 1 3. Principal Regulations 2 4. Commencement 2 5. New regulation 7A inserted 2
7A. Perimeter fencing for dangerous dog guarding
non-residential premises 2
6. Regulation 11 amended 3 11. Infringement penalties 3 7. Regulation 13 substituted 3 13. Obedience training 3 8. New regulations 14 and 15 inserted 6 14. Savings provision—Domestic (Feral and Nuisance)
Animals (Amendment) Regulations 2002 6 15. Transitional provision—Domestic (Feral and
Nuisance) Animals (Amendment) Regulations 2002 6
9. Schedule 3 revoked 7 10. New Schedule 4 substituted 7
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ENDNOTES 9
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STATUTORY RULES 2002
S.R. No. 62/2002
Domestic (Feral and Nuisance) Animals Act 1994
Domestic (Feral and Nuisance) Animals
(Amendment) Regulations 2002
The Governor in Council makes the following Regulations:
Dated: 23 July 2002Responsible Minister:
KEITH HAMILTON
Minister for Agriculture
HELEN DOYE
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Domestic (Feral and Nuisance) AnimalsRegulations 1996—
(a)
to make provision for penalties for offences for which an infringement notice may be served; and
(b)
to prescribe the requirements for perimeter fencing for dangerous dogs guarding non- residential premises; and
(c)
to make miscellaneous amendments to those Regulations.
2. Authorising provisions
These Regulations are made under section 100 of
the Domestic (Feral and Nuisance) Animals Act
1994.
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3. Principal Regulations
In these Regulations, the Domestic (Feral and the Principal Regulations.
4. Commencement
(1) Subject to sub-regulation (2), these Regulations
come into operation on the day they are made.
(2) Regulations 5 and 7 come into operation on
1 October 2002.
5. New regulation 7A inserted
After regulation 7 of the Principal Regulations insert—
"7A. Perimeter fencing for dangerous dog
guarding non-residential premises
(1) For the purpose of section 38(4) of the Act,
perimeter fencing for a dangerous dog
guarding non-residential premises must—
(a) have a minimum height of 1⋅8 metres; and
(b) be constructed of—
(i) brick, concrete, timber, iron, or similar solid materials; or
(ii) mesh which complies with sub-
regulation (2); or(iii) any combination of those
materials referred to in sub-
paragraphs (i) and (ii); and
(c)
be constructed and maintained in a manner which prevents the dog from being able to dig or otherwise escape under, over or through the fencing.
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(2) Mesh used in the construction of perimeter
fencing under this Regulation must be—
(a) chain mesh manufactured from 3⋅15 mm wire to form a uniform 50 mm
mesh; or
(b) weldmesh manufactured from 4 mm wire with a maximum mesh spacing of 50 mm. (3) All gates in the fencing around the premises
must contain a lock which enables the
premises to be securely locked when the dog
is guarding the premises.".
6. Regulation 11 amended
For regulation 11 of the Principal Regulations substitute—
"11. Infringement penalties
For the purposes of section 88 of the Act the penalty for an offence for which an infringement notice may be issued is the penalty listed opposite that offence in Schedule 4.".
7. Regulation 13 substituted
For regulation 13 of the Principal Regulations substitute—
'13. Obedience training
(1) For the purposes of the Schedule to the Act,
obedience training which complies with
these Regulations is training of a dog that
enables the dog to successfully complete—
(a) an assessment program administered by which results in the award of an obedience title recognised by the Australian National Kennel Control; or
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(b)
an assessment program approved by the Minister and conducted by a qualified dog trainer.
(2) For the purposes of sub-regulation (1)(b) a
qualified dog trainer is a person who—
(a) is a current member of an organisation approved by the Minister; and (b) has completed to the satisfaction of that organisation a training course approved by the Minister and administered by that organisation.
(3) For the purposes of sub-regulation (1)(b) an assessment program may be approved by the Minister if it provides for a dog to be
assessed in the following skills—
(a) heeling or walking with handler;
(b) sociability with other dogs;
(c) staying on command (known as a "stay test"); (d) coming to handler on command (known as a "recall test"); (e) absence of aggression towards humans. (4) For the purposes of sub-regulation (2)(a), an
organisation may be approved by the satisfies the following criteria—
(a)
it is an organisation established for the purpose of representing the interests of other dog training organisations as well as individual dog trainers; and
(b)
it provides training and education programs relating to dog training to its members; and
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(c) it has prepared and distributed to its members a code of ethics relating to dog training that is endorsed by the organisation and is binding on its members.
(5) At least 30 days before the expiry of
the 12 month period referred to in sub-
regulation (4), an organisation approved by
the Minister under that sub-regulation may
apply to the Minister to be approved for a
further 12 month period by submitting a
report on its activities in relation to the
criteria specified in sub-regulation (4).(6) If after considering a report submitted under
sub-regulation (5) the Minister is satisfied
that an approved organisation continues
to meet the criteria specified in sub-
regulation (4), the Minister may approve the
organisation for the purposes of sub-
regulation (2)(a) for a further period of
12 months.
(7) For the purposes of sub-regulation (2)(b), a
training course may be approved by the
Minister if it provides for—
(a)
training in appropriate equipment used to train a dog; and
(b)
practical obedience training of dogs; and
(c)
a written or oral examination on the theory of dog training; and
(d)
a practical examination of a person's dog training skills; and
(e)
a probationary or learning period of at least 25 hours in which the trainee is under the supervision of a qualified dog trainer.'.
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8. New regulations 14 and 15 inserted
After regulation 13 of the Principal Regulations insert—
'14. Savings provision—Domestic (Feral and
Nuisance) Animals (Amendment)
Regulations 2002
(1) Subject to regulation 15, the coming into
operation of regulation 10 of the amending
Regulations is to be taken not to affect—
(a) an infringement notice issued before that commencement; and (b) the penalty applying to an infringement commencement.
(2) In this regulation, "infringement offence" means an offence for which an infringement notice may be served under section 85 of the Act.
(3) In this regulation and in regulation 15,
"amending Regulations" means the
Domestic (Feral and Nuisance) Animals(Amendment) Regulations 2002.
15. Transitional provision—Domestic (Feral
and Nuisance) Animals (Amendment)
Regulations 2002On and from the commencement of regulation 10 of the amending Regulations, the penalty fixed under Schedule 4 of these Regulations (as substituted by regulation 10 of the amending Regulations) for an offence committed under section 24(1) or section 24(2) of the Act does not apply to such an offence committed before that commencement.'.
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9. Schedule 3 revoked
Schedule 3 to the Principal Regulations is revoked.
10. New Schedule 4 substituted
For Schedule 4 to the Principal Regulations substitute—
"SCHEDULE 4
Column 1 Column 2 Column 3 Column 4 Section of Prescribed Item Act Brief description of offence penalty 1 10(1) Failure to apply to register a dog $200 or cat 2 20(1) Registered dog or cat not $50 wearing council identification
marker3 21 Unregistered dog or cat wearing $50 council identification marker 4 22 Person other than owner $50 removing, altering or defacing
identification marker5 23(2) Dog or cat on private property $50 after notice of objection served 6 24(1) Dog at large or not securely $150 confined to owner's premises
during daytime7 24(2) Dog at large or not securely $200 confined to owner's premises
during night time8 25(1) Cat at large or not securely $50 confined to owner's premises in
restricted municipal district9 26(1) Contravening Council Order $100 relating to presence of dogs and
cats in public places
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Column 1 Column 2 Column 3 Column 4 Section of Prescribed Item Act Brief description of offence penalty 10 27(1) Greyhound outside owner's $150 premises not adequately
muzzled or not effectively
controlled by chain, cord or
leash11 32(1) Dog or cat being a nuisance $50 12 32(4) Not complying with order to $150 abate nuisance 13 41E Failure to comply with $200 requirement to muzzle or
effectively control menacing
dog14 63A Conducting a domestic animal $200 business that does not comply
with the relevant Code of
Practice
".
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Domestic (Feral and Nuisance) Animals (Amendment)
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ENDNOTES
1 Reg. 3: S.R. No. 25/1996.
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