Untitled document
Animals Legislation Amendment (Animal Care) Act 2007
No. 65 of 2007
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994
3Change of title of Act
4Purpose amended
5Definitions
6Penalty increases for failure to register or renew registration of dog or cat
7Council may refuse to register dogs and cats unless desexed
8Registration of dangerous and restricted breed dogs
9References to conviction removed
10Dogs and cats on private property without permission
11References to conviction removed
12Section 29 substituted
29Penalty and liability for attack by dog
13References to conviction removed
14Council may declare a dog to be dangerous
15Reference to conviction removed
16Declaration that a dog is a menacing dog
17Reference to conviction removed
18Limitation on ownership of restricted breed dogs
19Reference to conviction removed
20Revocation or suspension of registration of animal shelter or pound by Minister
21Non-compliance with code of practice an offence
22Amendment to Part 4A heading
23Section 63B substituted
63BDefinition
24Section 63C substituted
63COffence to offer or provide animal registry service without a licence
25Requirements to keep and maintain records
26Heading to Part 7 substituted
27Division heading omitted
28Powers of authorised officers
29Substitution of Division 2 of Part 7
Part 7A—Powers to Seize and Dispose of
Dogs or CatsDivision 1—Definition
77Definition
Division 2—Seizure of dogs or cats
78Seizure of dangerous dogs
79Seizure of restricted breed dogs
80Seizure of dogs believed to be restricted breed dogs
81Seizure of dog urged or trained to attack or having attacked
82Seizure of unregistered dog or cat
83Seizure of dog or cat that does not comply with the registration requirements under Act
84Seizure of dog or cat in certain circumstances
84ASeizure of cat without current identification
84BSeizure of dog or cat after court order under
section 84W84CSeizure of abandoned dog or cat
84DSeized dog or cat must be delivered up
Division 3—Search warrants
84ESearch warrants for dogs or cats
84FAnnouncement before entry
84GDetails of warrant to be given to occupier
Division 4—Steps to be taken after seizure of dog or cat
84HIdentified owners must be served with notice of
seizure84INotice of seizure
84JCustody of seized dogs or cats
84KOwners of dogs believed to be restricted breed dogs must be served with declaration
84LCustody of seized dogs believed to be restricted breed dogs
Division 5—Recovery of seized dog or cat
84MRecovery of dog or cat
84NRecovery of dog believed to be a restricted breed dog
Division 6—Disposal of seized dogs or cats
84OPower to sell or destroy dogs or cats seized under this Part
84PFurther power to destroy dogs
84QProsecution of identified animal owners suspected of committing offences
84RCouncil may require owner of animal to provide
current address84SCouncil may destroy animals of non-identified dog owners suspected of committing an offence
84TCouncil must destroy dog believed to be a restricted breed dog if owner unknown
84USeized animal must be desexed before sold
84VMethod of disposal of dogs or cats
Division 7—Court powers
84WPower of Court to make orders in relation to dogs and cats found outside owners' premises
84XPower of Court to order payment of costs and disposal
of dogs or cats
Division 8—General
84YAgreements to seize, retain or dispose of dogs or cats
84ZOffences relating to seized cats or dogs
84ZAOffence to unlawfully seize or destroy a dog or cat
30Substitution for Division 3 of Part 7
31Substitution of section 85
85Power to serve infringement notice
32Penalties to be paid for offences under infringement notices
33New Part heading inserted
34Amendment of Division heading
35Evidentiary provisions
36Repeal of Division 4A of Part 7
37Amendment of Division heading
38Substitution of Division heading
39Review of decisions by VCAT
40Substitution of Division heading
41Regulations
42Section 102 substituted
102Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007
43Section 103 substituted
103Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007
44Further amendments to the Domestic (Feral and Nuisance) Animals Act 1994
Part 3—Amendments to the Impounding of Livestock Act 1994
45Purposes amended
46Definitions
47New Division heading inserted
48New heading inserted in section 5
49New section 5A inserted
5APower to enter land or building and impound
abandoned livestock
50General duty of persons who impound livestock
51Substitution of section 7
7Entitlement to reimbursement of charges
52Duties of authorised officer of council
53New section 8A inserted
8ANotice of seizure
54Duties of owners and occupiers of land
55Owners and occupiers of land to deliver livestock to pound
56Procedure where owner claims livestock from owner or
occupier of land57Duties of authorised officer who impounds livestock on Crown land
58Duties of officer of Roads Corporation
59Duties of person authorised by relevant corporation
60Duties of councils to notify owners
61Release of livestock from pound
62New Division 2 of Part 2 and new sections 16A and 16B
insertedDivision 2—Powers to serve notices relating to trespassing livestock
16APower to serve notice objecting to the trespassing of livestock
16BPower to serve notice on owner regarding confinement of livestock
63Livestock to be held for 7 days
64New section 17A inserted
17ALivestock found abandoned to be held for 14 days
65Sale of unclaimed livestock
66Disposal of livestock
67Power of authorised officer of council to destroy impounded livestock in certain circumstances
68Amendment to Part heading
69New sections 25A and 25B inserted
25AOffence if livestock trespass after service of notice
under section 16A25BOffence if non-compliance with notice served under section 16B
70Substitution of Part heading
71Proceedings in the Magistrates' Court
72New headings inserted
73Application of money recovered under this Act
74New section 33A inserted
33APower to file charges under this Act
75New Division 2 inserted in Part 6
Division 2—Infringement notices
33BPower to serve infringement notices
33CInfringement offence
33DInfringement penalty
76Section 34 substituted
34Regulations
Part 4—Amendments to the Prevention of
Cruelty to Animals Act 1986
77Definitions
78Consequential amendments and repeals
79Definitions
80Acts of cruelty
81Penalty for aggravated cruelty
82Insertion of new section 11A
11AFurther prohibited procedure offences
83Serious offences
84Penalty for having custody of animals in contravention of interstate orders
85Penalty for baiting and luring
86Penalty for trap shooting
87Substitution of section 15
15Selling traps
15ABSetting or using traps
88Penalty for dogs on moving vehicles
89Insertion of new sections 15B and 15C
15BOffence under section 15A to be operator onus offence
15CBreeding of animals with heritable defects
90Substitution of Division 2 of Part 2
Division 2—Rodeos
16Offence to operate rodeos without a licence or permit
17Grant of rodeo licences
17ADuration of licences
17BIssue of rodeo permits and rodeo school permits
17CApplication for a rodeo licence, a rodeo permit or a rodeo school permit
17DGrounds on which Department Head may refuse to
grant or issue licence or permit17EConditions on licences and permits
17FVariation of licences and permits
17GNotice of proposal to cancel a rodeo licence or permit
or rodeo school licence17HMaking of submissions on proposal to cancel
17ICancellation of a rodeo licence, a rodeo permit or
rodeo school permit
91Substitution of heading
92Certain persons to be general inspectors
93Change of reference to inspectors
94Change of reference to inspectors
95Substitution of sections
Part 2A—Enforcement
Division 1—Preliminary
21Definitions
Division 2—Emergency powers to deal with animals
22Power to seize abandoned animals in public places
23Emergency powers of entry in relation to animals
24Emergency power to enter and seize or destroy abandoned animals
24AAdditional powers that may be exercised on
emergency entry24BPowers to recover certain costs
24CObtaining veterinary treatment
24DEmergency powers of veterinary practitioners and superintendents of saleyards
Division 3—Search for and seizure of animals, warrants
and authorisations24ENotice to seize animal
24FPower of specialist inspector to seize animal under authorisation of Minister
24GSearch warrants for abandoned etc animals on
premises24HMagistrates' Court may extend period of warrant
under section 24G
Division 4—Search for and seizure of things
24IDefinition
24JSeizure of things
24KSearch warrants for premises
24LAdditional power of entry for specialist inspectors
Division 5—General provisions as to search warrants
24MProvisions as to search warrants
24NApplication of Magistrates' Court Act 1989
24OAnnouncement before entry
24PDetails of warrant to be given to occupier
24QSeizure of things not mentioned in the warrant and taking of samples
Division 6—Duties and powers as to seized animals
24RDuty to take steps to identify owner
24SSteps to be taken where welfare of animal not at risk
24TProvision for recovery or disposal of animals that are
not at risk24USteps to be taken where welfare of animal is at risk
24VPower to retain animal for purposes of application
under section 24X24WPower to dispose of animal at risk not claimed by
owner or person in charge24XCourt orders as to costs and disposal of animals
24YMethods of disposal of animals
24ZPower to destroy diseased or distressed animals
24ZADisposal of animal by sale
24ZBCosts and proceeds of sold animals
24ZCCosts and proceeds of destroyed animals
24ZDForfeiture of seized animal
Division 7—Duties and powers as to seized things (that are not animals)
24ZEDefinition
24ZFReceipt must be given for any thing seized
24ZGCopies of certain seized things to be given
24ZHAccess to seized things
24ZIReturn of seized thing before commencement of proceedings
24ZJReturn of seized things
24ZKMagistrates' Court may extend retention period
24ZLDispute as to person entitled to return of seized thing
24ZMUnclaimed seized thing may be sold or destroyed
24ZNForfeiture of seized things
Division 8—Samples
24ZOProvisions relating to the taking and keeping of
samples
Division 9—Further miscellaneous powers, duties and offences
24ZPNotice to comply
24ZQRequirement to give information to inspector during entry
24ZROffences as to inspectors
24ZSOffences as to veterinary practitioners etc.
24ZTOffence to fail to provide name and address
24ZUPOCTA inspectors must identify themselves
24ZVProtection against self-incrimination
24ZWPower to file charges
96Insertion of new definition of animal in Part 3
97Penalties for carrying out scientific procedures without
licence98Penalties for carrying out scientific procedures outside
scientific premises99Penalties for breeding animals for use in scientific procedures
100Penalties for failure to comply with conditions applying to scientific procedures
101Penalties for failure to comply with field work conditions
102Penalties for failure to comply with conditions on specified animals breeding licence
103Penalties for carrying out certain procedures
104Consequential repeal of section
105Delegation
106Liability for offences
107Insertion of new sections 41AA, 41AB and 41AC
41AAOffences by bodies corporate
41ABConduct by officers, employees or agents
41ACTime for filing certain charges under this Act
108Regulation making powers
109Amendment of reference
110Further amendment of the Prevention of Cruelty to Animals Act 1986
Part 5—Amendments to the Ombudsman Act 1973
111Functions and jurisdiction
112Procedure relating to investigations
Part 6—Repeal of Amending Act
113Repeal of Act
__________________
SCHEDULES
SCHEDULE 1—Consequential amendments to the Domestic
(Feral and Nuisance) Animals Act 19941Persons who may inspect register
2Offences relating to keeping of records
3Offences relating to implantation of permanent identification devices
4Offence not to give information to licence holder on
implantation5Offence not to give identifying information in certain circumstances
6Offence not to provide certain information relating to identification devices to licence holders
7Requirement to scan animals for permanent identification
devices8Division heading substituted
9Section 63K substituted
63KGrant of animal registry licence
10Application for animal registry licence
11Duration of licences
12Conditions on licences
13Renewal of licences
14Notice of proposal to cancel licence
15Making of submissions on proposal to cancel
16Cancellation of licence
17Requirements to surrender records
18Qualifications for implanters
19Notice of proposal to impose prohibition on implanting
20Power of the Secretary to prohibit a person from implanting devices
21Powers of authorised officers
22Seizure of records of information recorded in permanent identification devices
23Disposal of records seized under section 75A
24Application of proceeds of sale
25Review of decisions made under Part 4A
SCHEDULE 2—Further amendment of the Prevention of Cruelty
to Animals Act 1986
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Endnotes
Animals Legislation Amendment (Animal Care) Act 2007
No. 65 of 2007
[Assented to 11 December 2007]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are to—
(a)amend the Domestic (Feral and Nuisance) Animals Act 1994—
(i)to rename that Act; and
(ii)to regulate the permanent identification of horses and other animals; and
(iii)to provide for further enforcement powers particularly in relation to restricted breed dogs; and
(iv)to provide for further offences that may be subject to infringement notices; and
(v)to create additional offences and increase certain penalties; and
(b)amend the Impounding of Livestock Act 1994—
(i)to provide for the impounding of abandoned livestock; and
(ii)to provide for infringement notices to be served for certain offences; and
(iii)to provide for further enforcement powers; and
(iv)to create additional offences; and
(v)to provide for further regulation making powers; and
(c)amend the Prevention of Cruelty to Animals Act 1986—
(i)to provide for further enforcement powers; and
(ii)to provide further for the regulation of rodeos and rodeo schools; and
(iii)to increase the penalties for offences; and
(iv)to provide further for the prohibition of certain procedures; and
(v)to create offences for the breeding and displaying of animals with heritable defects; and
(d)make other miscellaneous amendments to the Domestic (Feral and Nuisance) Animals Act 1994, the Impounding of Livestock Act 1994 and the Prevention of Cruelty to Animals Act 1986.
2Commencement
(1)This Act (except sections 3, 5(2), 22, 23, 24, 25, 41(1), 41(2), 41(3), 42, 44, 77(2), 77(3), 79(1), 87, 90, 92(4), 109 and Part 5) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), sections 3, 5(2), 22, 23, 24, 25, 41(1), 41(2), 41(3), 42, 44, 77(2), 77(3), 79(1), 87, 90, 92(4), 109 and Part 5 come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 December 2009, it comes into operation on that day.
__________________
Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994
3Change of title of Act
For the title to the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Domestic Animals Act 1994".
4Purpose amended
In section 1 of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)for paragraph (c) substitute—
"(c)the identification and control of dangerous dogs, menacing dogs and restricted breed dogs; and";
(b)after paragraph (e) insert—
"(ea)the regulation of the permanent identification of dogs, cats, horses and other animals; and".
5Definitions
(1)In section 3(1) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)insert the following definitions—
"laceration means a wound caused by—
(a)the tearing of body tissue; or
(b)multiple punctures caused by more than one bite from a dog;
notice of seizure means a notice under section 84I;
serious injury means—
(a)an injury requiring medical or veterinary attention in the nature of—
(i)a broken bone; or
(ii)a laceration; or
(iii)a partial or total loss of sensation or function in a part of the body; or
(b)an injury requiring cosmetic surgery;";
(b)the definition of subordinate instrument is repealed.
(2)In section 3(1) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)insert the following definitions—
"animal registry licence means a licence granted under section 63K;
animal registry service means a service of keeping and maintaining records relating to a prescribed class of animal that, in relation to each animal about which records are kept and maintained—
(a)contain identifying information about the animal and the owner of the animal; and
(b)are referenced to the animal through information contained in a permanent identification device implanted in the animal; and
(c)are not records maintained by a Council for the purposes of registration under Part 2;
prescribed class of animal means any of the following—
(a)dogs;
(b)cats;
(c)horses;
(d)a class of animal prescribed by the regulations;";
(b)the definition of domestic animals registry licence is repealed;
(c)the definition of domestic animals registry service is repealed;
(d)in the definition of permanent identification device, for "a dog or cat" substitute "an animal of a prescribed class of animal";
(e)for the definition of prescribed identifying information substitute—
"prescribed identifying information in relation to an animal of a prescribed class of animal, means information about the animal and the owner of the animal (within the meaning of Part 4A) the nature of which is prescribed;";
(f)in the definition of prohibited implanter, for "dogs and cats" substitute "animals of prescribed classes of animal".
6Penalty increases for failure to register or renew registration of dog or cat
For the penalty at the foot of sections 10(1) and 10(2) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Penalty:10 penalty units.".
7Council may refuse to register dogs and cats unless desexed
For section 10A(4)(b) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(b)in the case of a dangerous dog that is not also a restricted breed dog, is exempt under section 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed; or
(c)in the case of a restricted breed dog, is exempt under section 10B(1)(e) from the requirement to be desexed.".
8Registration of dangerous and restricted breed dogs
(1)After section 17(1) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(1AA)Subject to subsection (1A), a Council must not register a restricted breed dog.".
(2)For section 17(1A) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(1A)A Council may register a restricted breed dog if—
(a)the dog was in Victoria immediately before the commencement of section 12 of the Primary Industries Acts (Further Amendment) Act 2005; and
(b)the dog is currently registered with the Council as a breed of dog other than a restricted breed dog.
Note
Under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and has been implanted with a prescribed permanent identification device.".
(3)In section 17(2) of the Domestic (Feral and Nuisance) Animals Act 1994, after "restricted breed dog" insert "that is able to be registered or have its registration renewed by the Council under this Act".
9References to conviction removed
In sections 20(1) and 21 of the Domestic (Feral and Nuisance) Animals Act 1994 omit "upon conviction".
10Dogs and cats on private property without permission
(1)For section 23(3) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(3)If the authorised officer who seized a dog or cat under subsection (1) is able to identify the owner of the dog or cat, the authorised officer must, within 5 business days after the seizure of the dog or cat, serve on the owner of the dog or cat a notice of objection to the presence of that dog or cat on the private property.".
(2)In section 23(4) of the Domestic (Feral and Nuisance) Animals Act 1994 omit ", upon conviction,".
11References to conviction removed
(1)In sections 24(1) and 24(2) of the Domestic (Feral and Nuisance) Animals Act 1994 omit "upon conviction".
(2)In sections 25(1), 26(1) and 27(1) of the Domestic (Feral and Nuisance) Animals Act 1994 omit ", upon conviction,".
12Section 29 substituted
For section 29 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"29 Penalty and liability for attack by dog
(1)If a dangerous dog, that is not a guard dog guarding non-residential premises, attacks or bites any person or animal, the owner is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units.
(2)If a dog that is not a dangerous dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the owner of the dog is guilty of an offence and liable to a penalty not exceeding 20 penalty units.
(3)If a dog that is not a dangerous dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog is guilty of an offence and liable to a penalty not exceeding 10 penalty units.
(4)If a dog rushes at or chases any person, the owner is guilty of an offence and liable to a penalty of not more than 4 penalty units.
(5)Subsections (1), (2), (3) and (4) do not apply if, the incident occurred—
(a)because the dog was being teased, abused or assaulted; or
(b)because a person was trespassing on the premises on which the dog was kept; or
(c)because another animal was on the premises on which the dog was kept; or
(d)because a person known to the dog was being attacked in front of the dog.
(6)Subsections (2), (3) and (4) do not apply if, the incident occurred as part of a hunt in which the dog was taking part and which was conducted in accordance with the Prevention of Cruelty to Animals Act 1986.
(7)If an owner of a dog is found guilty of an offence under this section the court may, in addition to any other order made by the court, order that the owner pay compensation for any damage caused by the conduct of the dog.
(8)If the owner of a dog is found guilty of an offence under this section, the court may order that the dog be destroyed by an authorised officer of the Council of the municipal district in which the offence occurred.
(9)In this section, owner, in relation to a dog, means the person who apparently has control of the dog at the time the dog conducts itself in the manner specified in subsection (1), (2), (3) or (4).".
13References to conviction removed
In section 32(3) of the Domestic (Feral and Nuisance) Animals Act 1994—
(a)for "person is convicted" substitute "person is found guilty";
(b)for "the convicted person" substitute "that person".
14Council may declare a dog to be dangerous
(1)In section 34(1)(a) of the Domestic (Feral and Nuisance) Animals Act 1994, after "caused" insert "the death of or".
(2)Section 34(3) of the Domestic (Feral and Nuisance) Animals Act 1994 is repealed.
15Reference to conviction removed
In section 41(1) of the Domestic (Feral and Nuisance) Animals Act 1994 omit "upon conviction".
16Declaration that a dog is a menacing dog
In section 41A(5) of the Domestic (Feral and Nuisance) Animals Act 1994, for "convicted of an offence against section 29(1A)" substitute "found guilty of an offence under section 29(4)".
17Reference to conviction removed
In section 41I of the Domestic (Feral and Nuisance) Animals Act 1994 omit
", on conviction,".
18Limitation on ownership of restricted breed dogs
(1)After section 41J(1) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(1A)An owner of a restricted breed dog that is kept at a premises, which the owner occupies and at which more than 2 restricted breed dogs are kept, is guilty of an offence and liable to a penalty of not more than 5 penalty units.
(1B)Subsection (1A) does not apply if the Council of the municipal district in which the dogs are kept has issued a permit allowing more than 2 restricted breed dogs to be kept at the premises.".
(2)For section 41J(2) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(2)A Council may issue a permit—
(a)to a person permitting that person to own more than 2 restricted breed dogs; or
(b)to a person in respect of premises allowing more than 2 restricted breed dogs to be kept at the premises.".
(3)In section 41J(3) of the Domestic (Feral and Nuisance) Animals Act 1994, after "permit" insert "under subsection (2)(a) or (2)(b)".
(4)After section 41J(5) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(6)Any person who occupies premises in respect of which a permit is issued under subsection (2)(b) and who owns a restricted breed dog kept at the premises, must comply with the terms and conditions of the permit.
Penalty:5 penalty units.".
19Reference to conviction removed
In section 41L of the Domestic (Feral and Nuisance) Animals Act 1994 omit
", on conviction,".
20Revocation or suspension of registration of animal shelter or pound by Minister
In section 58(1)(b) of the Domestic (Feral and Nuisance) Animals Act 1994, for "section 81" substitute "section 84Y".
21Non-compliance with code of practice an offence
In section 63A(2)(a) of the Domestic (Feral and Nuisance) Animals Act 1994, for "section 81" substitute "section 84Y".
22Amendment to Part 4A heading
In the heading to Part 4A of the Domestic (Feral and Nuisance) Animals Act 1994, for "DOGS AND CATS" substitute "PRESCRIBED CLASSES OF ANIMAL".
23Section 63B substituted
For section 63B of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"63B Definition
In this Part, owner means—
(a)in relation to a dog or cat, the person who has applied for registration or renewal of registration of the dog or cat under section 10, or, if the dog or cat is not registered under section 10, the person who has legal ownership of the dog or cat;
(b)in relation to a horse or any other animal of a prescribed class of animal, the person who has legal ownership of the animal.".
24Section 63C substituted
For section 63C of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"63C Offence to offer or provide animal registry service without a licence
A person must not offer or provide an animal registry service unless that person is the holder of an animal registry licence.
Penalty:60 penalty units.".
25Requirements to keep and maintain records
At the end of section 63Z of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(2)On and from the commencement of section 23 of the Animals Legislation Amendment (Animal Care) Act 2007—
(a)in relation to a person who is taken to be the holder of an animal registry licence by the operation of section 102(2), a reference to the holder of a domestic animals registry licence in subsection (1) is taken to be a reference to the holder of an animal registry licence; and
(b)a reference to a domestic animals registry service in subsection (1) is to be taken to be a reference to an animal registry service.".
26Heading to Part 7 substituted
For the heading to Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Part 7—Authorised Officers".
27Division heading omitted
Omit the heading to Division 1 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994.
28Powers of authorised officers
(1)In section 74(2)(f) of the Domestic (Feral and Nuisance) Animals Act 1994, for "section 77" substitute "Division 2 of Part 7A".
(2)In section 74A of the Domestic (Feral and Nuisance) Animals Act 1994, for "section 10, 20, 21, 22, 23, 24, 25, 26, 27, 32, 38, 41E or 41G" substitute "section 10, 12A, 20, 21, 22, 23, 24, 25, 26, 27, 29(3), 29(4), 32, 38, 39, 41E, 41EA, 41G, 41H or 41I".
29Substitution of Division 2 of Part 7
For Division 2 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Part 7A—Powers to Seize and Dispose of Dogs or Cats
Division 1—Definition
77Definition
In this Part authorised officer means an authorised officer appointed under section 72.
Division 2—Seizure of dogs or cats
78Seizure of dangerous dogs
(1)An authorised officer of a Council may seize a dangerous dog that is in the municipal district of that Council if the dog is able to be registered or have its registration renewed by the Council under this Act and if—
(a)the Council has made a decision to refuse to register or renew the registration of the dog; and
(b)any review of that decision has affirmed the decision or the owner has not applied for a review of that decision within the time fixed for review under section 98(2A).
(2)An authorised officer of a Council may seize a dog that is in the municipal district of that Council if the dog is a dangerous dog and—
(a)the owner has been found guilty of an offence under Division 3 of Part 3 with respect to that dog; or
(b)the authorised officer reasonably suspects that the owner has committed an offence under Division 3 of Part 3 with respect to that dog.
79Seizure of restricted breed dogs
(1)An authorised officer of a Council may seize a restricted breed dog that is in the municipal district of that Council if the dog is able to be registered or have its registration renewed by the Council under this Act and if—
(a)the Council has made a decision to refuse to register or renew the registration of the dog; and
(b)any review of that decision has affirmed the decision or the owner has not applied for a review of that decision within the time fixed for review under section 98(2A).
(2)An authorised officer of a Council may seize a dog that is in the municipal district of that Council if the dog is a restricted breed dog that is not able to be registered or have its registration renewed by the Council under this Act.
(3)An authorised officer of a Council may seize a dog that is in the municipal district of that Council if the dog is a restricted breed dog and—
(a)the owner has been found guilty of an offence under Division 3B of Part 3 with respect to that dog; or
(b)the authorised officer reasonably suspects that the owner has committed an offence under Division 3B of Part 3 with respect to that dog.
80Seizure of dogs believed to be restricted breed dogs
An authorised officer of a Council may seize a dog that is in the municipal district of that Council if the authorised officer reasonably believes the dog is a restricted breed dog.
81Seizure of dog urged or trained to attack or having attacked
An authorised officer of a Council may seize a dog that is in the municipal district of that Council if—
(a)the owner has been found guilty of an offence under section 28, 28A or 29 with respect to that dog; or
(b)the authorised officer reasonably suspects that the owner has committed an offence under section 28, 28A or 29 with respect to that dog.
82Seizure of unregistered dog or cat
An authorised officer of a Council may seize a dog or cat that is in the municipal district of that Council if the owner of the animal has not applied to register the animal within one month after—
(a)being found guilty of an offence of not having applied to register the animal; or
(b)being served with an infringement notice in respect of that offence—
(i)which has not been withdrawn in accordance with the Infringements Act 2006; and
(ii)in respect of which the owner has paid the penalty in accordance with the Infringements Act 2006.
83Seizure of dog or cat that does not comply with the registration requirements under Act
An authorised officer of a Council may seize an unregistered dog or cat that is in the municipal district of the Council if the dog or cat is not able to be registered or have its registration renewed by the Council under this Act.
84Seizure of dog or cat in certain circumstances
A person may seize a dog or cat if it is found in an area or in circumstances where the owner of the animal would be guilty of an offence under section 23, 24, 25 or 26.
84ASeizure of cat without current identification
A person may seize a cat if—
(a)it is found outside the owner's premises without current identification that has been issued by a Council; and
(b)it appears to be over 3 months old.
84BSeizure of dog or cat after court order under section 84W
(1)An authorised officer of a Council may seize a dog or cat if—
(a)the Magistrates' Court has made an order under section 84W with respect to the owner of the dog or cat and the order has not been complied with; and
(b)after the order has been made, the dog or cat that is the subject of the order is found outside the owner's premises in circumstances in which the authorised officer of the Council of the municipal district in which the owner's premises are situated reasonably suspects that the owner of the dog or cat has committed an offence under section 23(4), 24(1), 24(2) or 25(1).
(2)In this section authorised officer of a Council means an authorised officer appointed by that Council under section 72 or 72A.
84CSeizure of abandoned dog or cat
(1)An authorised officer may enter any premises (including a person's residence) at the request of the owner of the premises if he or she reasonably suspects that there is an abandoned dog or cat in or on the premises.
(2)If there is an occupier of the premises that is not the owner of the premises, an authorised officer must not enter the premises without the consent of that occupier.
(3)An authorised officer who enters premises under subsection (1) may search for and seize any dog or cat in or on the premises that he or she reasonably believes has been abandoned.
(4)An authorised officer who seizes a dog or cat under this section must—
(a)if there is an occupier of the premises, cause a notice of seizure to be left with the occupier;
(b)in any other case, fix a notice of seizure to the premises at the time of the seizure so that it is visible to persons wishing to enter the premises.
84DSeized dog or cat must be delivered up
(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, deliver it to an authorised officer of the Council of the municipal district in which it was seized, or to a person or body which has an agreement under section 84Y with that Council.
Penalty:5 penalty units.
(2)If a person is found guilty of an offence under subsection (1), the Magistrates' Court may, on the application of an authorised officer of the Council of the municipal district in which the animal was seized, order that the person return the animal to the authorised officer.
Division 3—Search warrants
84ESearch warrants for dogs or cats
(1)An authorised officer may apply to a magistrate for the issue of a search warrant in relation to a person's residence, if the officer believes on reasonable grounds that there is present in or on the premises a dog or cat, which the officer is entitled to seize under this Part.
(2)If the magistrate is satisfied, by the evidence, on oath or by affidavit, of the authorised officer that there are reasonable grounds to believe that a dog or cat that the authorised officer is entitled to seize under this Part is present in or on the premises, the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989, authorising an authorised officer named in the warrant, together with any other person or persons named or otherwise identified in the warrant to assist the officer, and with any necessary equipment—
(a)to enter the premises specified in the warrant; and
(b)to search for the dog or cat identified in the warrant; and
(c)to examine that dog or cat for the purposes of identifying the owner of the dog or cat; and
(d)if necessary, to seize that dog or cat.
(3)A search warrant issued under this section must state—
(a)the purpose for which the search is required; and
(b)any conditions to which the warrant is subject; and
(c)that entry to the premises is authorised to be made at any reasonable time of the day; and
(d)a day, not later than 28 days after the issue of the warrant, on which the warrant ceases to have effect.
(4)Except as provided by this Act, the rules to be observed with respect to search warrants under the Magistrates' Court Act 1989 extend and apply to warrants under this section.
(5)Despite section 78(1)(b)(iii) of the Magistrates' Court Act 1989, a warrant issued under this Division must not authorise an authorised officer to arrest a person.
84FAnnouncement before entry
(1)On executing a search warrant, the authorised officer executing the warrant—
(a)must announce that he or she is authorised by the warrant to enter the premises; and
(b)if the authorised officer has been unable to obtain unforced entry, must give any person at the premises an opportunity to allow entry to the premises.
(2)An authorised officer need not comply with subsection (1) if he or she believes, on reasonable grounds, that immediate entry to the premises is required to ensure—
(a)the safety of any person; or
(b)that the effective execution of the search warrant is not frustrated.
84GDetails of warrant to be given to occupier
(1)If the occupier is present at the premises where a search warrant is being executed, the authorised officer must—
(a)identify himself or herself to the occupier; and
(b)give to the occupier a copy of the warrant.
(2)If the occupier is not present at the premises where a search warrant is being executed but another person is, the authorised officer must—
(a)identify himself or herself to the person at the premises; and
(b)give to the person a copy of the warrant.
Division 4—Steps to be taken after seizure of dog or cat
84HIdentified owners must be served with notice of seizure
(1)If the owner of a dog or cat that has been seized by or delivered to an authorised officer under section 23(1) or this Part is able to be identified from a marker attached to, or a device implanted in, the animal's body, the authorised officer must serve a notice of seizure on the owner.
(2)If the owner of a dog or cat that has been seized under this Part and delivered to a person or body which has an agreement with a Council under section 84Y is able to be identified from a marker attached to, or a device implanted in, the animal's body, the person or body holding the animal must serve a notice of seizure on the owner.
(3)A notice of seizure that is required to be served under the Act must be served either personally on the owner or by post to the last known address of the owner within 4 days after the dog or cat is seized.
84INotice of seizure
For the purposes of this Act, a notice of seizure is a notice that states the following—
(a)that the dog or cat has been seized and a description of the animal;
(b)the contact details of the person or body that has custody of the animal;
(c)the date of seizure of the animal;
(d)if a notice of objection has been served on the owner of an animal that has trespassed on private property under section 23(3), the address of that property;
(e)if the animal is not to be retained in custody or disposed of under this Act, the period within which the owner of the animal may recover the animal and the requirements of recovery under Division 5;
(f)that, if the animal is not recovered within any period for recovery of the animal, the animal may be sold or destroyed after the end of that period;
(g)whether the Council intends to retain custody of the animal under this Act or dispose of the animal under this Act.
84JCustody of seized dogs or cats
If an authorised officer has seized a dog or cat under section 23(1), 82, 83, 84, 84A, 84B or 84C, the Council or person or body holding the dog or cat may retain custody of the dog or cat until the animal is recovered under Division 5 or disposed of under Division 6 (as the case may be).
84KOwners of dogs believed to be restricted breed dogs must be served with declaration
(1)If an authorised officer has seized a dog under section 80 and the authorised officer is able to identify the owner of the dog from a marker attached to, or a device implanted in, the dog's body or information received that is sufficient to enable the identification of the owner and the authorised officer reasonably believes that the dog is a restricted breed dog, the authorised officer must serve a declaration made under section 98A on the owner of the dog within 7 days of the seizure.
(2)Subsection (1) applies despite anything to the contrary in section 98B.
84LCustody of seized dogs believed to be restricted breed dogs
(1)If an authorised officer has served a declaration made under section 98A on the owner of a dog in accordance with section 84K, the Council or person or body holding the dog may retain custody of the dog until—
(a)any review of the decision to make a declaration under section 98A is determined under Part 7E; and
(b)the dog is recovered under Division 5 or disposed of under Division 6 (as the case may be).
(2)If an authorised officer has seized a dog under section 80 in the reasonable belief that it is a restricted breed dog and the authorised officer is not able to serve a declaration made under section 98A on the owner because the authorised officer is not able to identify the owner of the dog, the Council or person or body holding the dog may retain custody of the dog until it is destroyed under Division 6.
Division 5—Recovery of seized dog or cat
84MRecovery of dog or cat
(1)A person may recover a dog or cat retained by a Council, a person or a body, which has been seized under section 23(1), 82, 83, 84, 84A, 84B or 84C and in respect of which the Council has decided not to retain custody, if within 8 days (or 14 days in the case of an abandoned animal) of the seizure—
(a)the person pays the amount fixed by the Council or charged by the person or body for the reasonable costs and expenses incurred by the Council, person or body in seizing the animal and retaining custody of it until its recovery; and
(b)the person proves to the satisfaction of the Council or person or body that he or she is the owner of the animal or the agent of that owner; and
(c)the owner has complied with any requirements of this Act or the regulations placed on the owner with respect to that animal.
Note
For example under section 10A the animal may have to be desexed in order to be registered under this Act and under section 10C the animal may have to be implanted with a prescribed permanent identification device to be registered under this Act.
(2)If a person has been prosecuted for an offence set out in section 84Q(2) and has not been found guilty of that offence, the owner of the dog or cat, to which the offence relates, may recover the animal if he or she within 8 days after the completion of proceedings—
(a)proves to the satisfaction of the Council or person or body retaining the animal that he or she is the owner of the animal; and
(b)ensures that any requirements of this Act or the regulations placed on the owner with respect to that animal have been complied with.
Note
For example under section 10A the animal may have to be desexed in order to be registered under this Act and under section 10C the animal may have to be implanted with a prescribed permanent identification device to be registered under this Act.
84NRecovery of dog believed to be a restricted breed dog
(1)A person may recover a dog that was seized under this Part by an authorised officer in the reasonable belief that the dog was a restricted breed dog if—
(a)after having been served with a declaration made under section 98A—
(i)the declaration has been affirmed by a review under Part 7E; or
(ii)an application for review of the declaration has not been made within the time fixed for review under Part 7E; and
(b)the dog is able to be registered or have its registration renewed by the Council under this Act; and
(c)the Council does not require custody of the dog until the outcome of any prosecution that it proposes to take against the owner for an alleged commission of an offence relating to the dog under this Act or the regulations; and
(d)the person pays the amount fixed by the Council or charged by the person or body retaining custody of the dog for the reasonable costs and expenses incurred by the Council, person or body in seizing the dog and retaining custody of it until its recovery; and
(e)the person proves to the satisfaction of the Council or person or body that he or she is the owner of the dog or the agent of the owner; and
(f)the owner has complied with the requirements of this Act or the regulations placed on the owner with respect to that dog.
Note
Under section 17(1AA) a restricted breed dog cannot be registered by the Council unless the circumstances set out in section 17(1A) apply. In addition, under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and has been implanted with a prescribed permanent identification device.
(2)A person may recover a dog under subsection (1) within 8 days after the earlier of the following—
(a)the affirmation of the declaration made under section 98A by a review under Part 7E; or
(b)if an application for review of the declaration has not been made within the time fixed under Part 7E, the expiry of that time.
(3)A person may recover a dog that was seized under this Part by an authorised officer in the reasonable belief that the dog was a restricted breed dog—
(a)if—
(i)within 7 days after the seizure, the authorised officer does not serve a declaration made under section 98A on the owner of the dog; or
(ii)such a declaration is served on the owner and it has been set aside by a review under Part 7E; and
(b)if the Council does not require custody of the dog until the outcome of any prosecution that it proposes to take against the owner for an alleged commission of an offence relating to the dog under this Act or the regulations; and
(c)if the person proves to the satisfaction of the Council or person or body retaining custody of the dog that he or she is the owner of the dog or the agent of the owner; and
(d)the owner has complied with the requirements of this Act or the regulations placed on the owner with respect to the dog.
Note
Under section 10A the dog may have to be desexed in order to be registered under this Act and under section 10C the dog may have to be implanted with a prescribed permanent identification device to be registered under this Act.
(4)A person who recovers a dog under subsection (3) is not liable to pay, and the Council, person or body must not fix, any amount for the costs and expenses incurred by the Council, person or body in seizing the dog and retaining custody of it until its recovery.
Division 6—Disposal of seized dogs or cats
84OPower to sell or destroy dogs or cats seized under this Part
(1)The Council or person or body holding a cat seized under this Part may destroy the cat as soon as possible after its seizure if—
(a)the cat does not bear an identification marker or a permanent identification device; and
(b)the cat is wild, uncontrollable or diseased.
(2)If the owner of a dangerous dog or a restricted breed dog seized under this Part is entitled to recover the dog under Division 5 and does not recover the dog in accordance with that Division within the period provided for recovery, the Council or person or body retaining custody of the dog must destroy the dog as soon as possible after the expiry of that period.
(3)If the owner of a dog or cat (other than a dangerous dog or a restricted breed dog) seized under this Part is entitled to recover the animal under Division 5 and does not recover the animal in accordance with that Division within the period provided for recovery, the Council or person or body retaining custody of the animal must sell or destroy the animal as soon as possible after the expiry of that period in accordance with any relevant Code of Practice made under section 59.
84PFurther power to destroy dogs
The Council may destroy a dog which has been seized under this Part at any time after its seizure if—
(a)the dog is a dangerous dog or a restricted breed dog that is able to be registered or have its registration renewed under this Act and if—
(i)the Council has made a decision to refuse to register or renew the registration of the dog; and
(ii)a review of that decision has affirmed the decision or the owner has not applied for a review of that decision within the time fixed for review under section 98(2A); or
(b)the dog is a restricted breed dog—
(i)that is not able to be registered or have its registration renewed by the Council under this Act; and
(ii)if the dog was seized by an authorised officer in the reasonable belief that it was a restricted breed dog, the provisions of this Part have been complied with; or
(c)the dog is a dangerous dog whose owner has been found guilty of an offence under Division 3 of Part 3 with respect to that dog; or
(d)the dog is a restricted breed dog whose owner has been found guilty of an offence under Division 3B of Part 3 with respect to that dog; or
(e)the dog's owner has been found guilty of an offence under section 28, 28A or 29 with respect to the dog.
84QProsecution of identified animal owners suspected of committing offences
(1)If an authorised officer reasonably suspects that an owner of a dog or cat seized under this Part has committed an offence set out in subsection (2) with respect to that animal and the Council has sufficient information about the owner to enable it to commence prosecution for the offence and it proposes to prosecute the owner for that offence, the Council—
(a)subject to subsection (3), must commence prosecution as soon as possible after the seizure; and
(b)in the case of a dog or cat seized under section 84B, may retain custody of the animal until the outcome of the prosecution is known; and
(c)in any other case, must retain custody of the dog until the outcome of the prosecution is known.
(2)For the purposes of subsection (1) the offences are as follows—
(a)an offence under Division 3 of Part 3;
(b)an offence under Division 3B of Part 3;
(c)an offence under section 28, 28A or 29;
(d)an offence under section 23(4), 24(1), 24(2) or 25(1) that has resulted in a breach of an order under section 84W.
(3)If a dog whose owner is to be prosecuted by the Council under this section for an offence referred to in subsection (2)(b) has been seized under this Part by an authorised officer in the reasonable belief that the dog was a restricted breed dog, the Council must not commence the prosecution for that offence unless—
(a)the owner has been served with a declaration made under section 98A; and
(b)the declaration has been affirmed by a review under Part 7E or an application for review of the declaration has not been made within the time fixed under Part 7E.
84RCouncil may require owner of animal to provide current address
If an authorised officer reasonably suspects that an owner of a dog seized under this Part has committed an offence set out in paragraph (a), (b) or (c) of section 84Q(2) and the Council does not have sufficient information about the owner to enable it to commence prosecution for the offence, the Council may require, in the notice of seizure, that the owner provide his or her current address to the Council within 14 days after service of that notice.
84SCouncil may destroy animals of non-identified dog owners suspected of committing an offence
If an authorised officer reasonably suspects that an owner of a dog seized under this Part has committed an offence set out in paragraph (a), (b) or (c) of section 84Q(2) the Council may destroy the dog—
(a)if the owner of the dog does not provide the Council with the owner's current address within 14 days after being served with a notice of seizure requiring that address to be provided, at any time after the expiry of that 14 day period; or
(b)within 8 days after the dog was seized if—
(i)the owner of the dog is unable to be identified from a marker attached to, or a device implanted in, the dog's body; and
(ii)the Council has not received sufficient information about the owner to enable it to identify the owner.
84TCouncil must destroy dog believed to be a restricted breed dog if owner unknown
Despite anything to the contrary in this Part, the Council must destroy a dog seized under section 80 within 8 days after the seizure if—
(a)the owner of the dog is unable to be identified from a marker attached to, or a device implanted in, the dog's body or information received by the Council that is sufficient to enable identification of the owner; and
(b)the authorised officer reasonably believes that the dog is a restricted breed dog.
84USeized animal must be desexed before sold
If a Council, person or body proposes to sell a dog or cat that has been seized and that has not been desexed, the Council, person or body must ensure that the animal is desexed before it is sold.
84VMethod of disposal of dogs or cats
(1)If a Council, person or body is authorised under this Act to destroy a dog or cat, that person must destroy the animal humanely.
Penalty:5 penalty units.
(2)A Council, person or body that is authorised under this Act to sell or destroy an animal may give that animal to any person or body that is willing to accept it and which has been approved by the Council of the municipal district in which the animal is held in accordance with a Code of Practice made under section 7 of the Prevention of Cruelty to Animals Act 1986 relating to the use of such an animal in scientific procedures.
Division 7—Court powers
84WPower of Court to make orders in relation to dogs and cats found outside owners' premises
(1)If the owner of a dog or cat is found guilty by the Magistrates' Court of an offence under section 23(4), 24(1), 24(2) or 25(1), the Court may make an order requiring the owner to carry out the works that are specified by the Court for the purpose of ensuring that the animal, which is the subject of the offence, is not able to escape from the owner's premises.
(2)Section 135 of the Magistrates' Court Act 1989 applies to an order made under this section.
84XPower of Court to order payment of costs and disposal of dogs or cats
(1)If the owner of a dog or cat is found guilty of an offence in a proceeding commenced under section 84Q, the Magistrates' Court may make any one or more of the following orders—
(a)in the case of an offence referred to in section 84Q(2)(d), that the dog or cat be sold or destroyed;
(b)in any other case, that the dog be destroyed;
(c)if the dog or cat has been seized by the Council, that the owner pay the amount fixed by the Council for the reasonable costs and expenses incurred by the Council during any period (until the outcome of the proceeding) for which the Council has had the custody of the animal.
(2)If the Magistrates' Court has found that the owner has not complied with an order under section 84W, the Magistrates' Court may (in addition to any power the Court has to make orders under the Magistrates' Court Act 1989) make either or both of the following orders—
(a)order that the dog or cat be sold or destroyed;
(b)if the dog or cat has been seized by the Council, that the owner pay the reasonable costs and expenses incurred by the Council for any period (until the outcome of the proceeding) for which the Council has had the custody of the animal.
Division 8—General
84YAgreements to seize, retain or dispose of dogs or cats
A Council may enter into an agreement in writing with a person or body under which the person or body may be able to do all or any of the following in accordance with the provisions of this Part—
(a)seize any dog or cat under section 84;
(b)retain custody of any seized dog or cat;
(c)sell or destroy any seized dog or cat;
(d)charge fees for any of the above.
84ZOffences relating to seized cats or dogs
(1)A person must not rescue, attempt to rescue or interfere with a dog or cat seized under this Act.
Penalty:5 penalty units.
(2)A person must not remove or attempt to remove any dog or cat seized under this Act from the custody of a Council, person or body authorised to retain custody of the animal under this Act or interfere with a dog or cat in such custody.
Penalty:5 penalty units.
(3)A person must not destroy, injure or attempt to destroy or injure any structure or enclosure in which a dog or cat is kept by a Council, person or body for the purposes of this Act.
Penalty:5 penalty units.
84ZAOffence to unlawfully seize or destroy a dog or cat
(1)A person—
(a)who seizes, sells, injures or destroys a dog or cat; and
(b)who is not authorised to do so by the owner or under this Act or any other Act—
is guilty of an offence and liable to a penalty of not more than 3 penalty units.
(2)A person who is guilty of an offence under subsection (1) of the destruction of an animal is liable to pay the owner of the animal the full value of the animal.".
30Substitution for Division 3 of Part 7
For the heading to Division 3 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Part 7B—Infringement Notices".
31Substitution of section 85
For section 85 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"85 Power to serve infringement notice
(1)If an authorised officer of a class referred to in column one of the Table at the foot of this subsection has reason to believe that a person has committed an offence against a section of this Act set out in column 2 of the Table that corresponds to that class of authorised officer, he or she may serve an infringement notice on that person.
Table
Column 1
Class of authorised officer
Column 2
Sections of this ActAuthorised officer appointed under section 71 10, 12A, 20, 21, 22, 23, 24, 25, 26, 27, 32, 37(1C), 37(2), 38, 41D(b), 41D(ba), 41D(bb), 41D(c), 41E, 41EA, 41F, 41G, 63A, 63D, 63F, 63G, 63H(1), 63H(2), 63I(1), 63J(1), 96 Authorised officer appointed under section 71A 63D, 63F, 63G, 63H(1), 63H(2), 63I(1), 63J(1) Authorised officer appointed under section 72 10, 12A, 20, 21, 22, 23, 24, 25, 26, 27, 29(3), 29(4), 32, 37(1C), 37(2), 38, 39, 41H, 41D(b), 41D(ba), 41D(bb), 41D(c), 41E, 41EA, 41F, 41G, 41I, 63A, 63J(1), 96 Authorised officer appointed under section 72A 10, 12A, 20, 21, 22, 23, 24, 25, 26, 27, 29(3), 29(4), 32, 38, 39, 41E, 41EA, 41G, 41H, 41I (2)If an authorised officer has reason to believe that a person has committed an offence against the regulations, which the officer has power to enforce under this Act, and the offence is prescribed in the regulations for the purposes of this Part, the officer may serve an infringement notice on that person.
(3)An offence referred to in subsection (1) or (2) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.".
32Penalties to be paid for offences under infringement notices
In section 88 of the Domestic (Feral and Nuisance) Animals Act 1994, for "which must not exceed 2 penalty units and must not exceed the penalty fixed by the Act for that offence" substitute "which must not exceed 5 penalty units and must not exceed the penalty for that offence".
33New Part heading inserted
Insert the following heading after section 88 of the Domestic (Feral and Nuisance) Animals Act 1994—
"Part 7C—Provisions Relating to Enforcement and Court Proceedings".
34Amendment of Division heading
In the heading to Division 4 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994, for "Division 4" substitute "Division 1".
35Evidentiary provisions
In section 94(1)(b) of the Domestic (Feral and Nuisance) Animals Act 1994 omit "Division 1 of".
36Repeal of Division 4A of Part 7
Division 4A of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 is repealed.
37Amendment of Division heading
In the heading to Division 5 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994, for "Division 5" substitute "Division 2".
38Substitution of Division heading
For the heading to Division 6 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Part 7D—Review of Decisions by Victorian Civil and Administrative Tribunal".
39Review of decisions by VCAT
In section 98(2)(b) of the Domestic (Feral and Nuisance) Animals Act 1994, after "restricted breed dog" insert "that is not prohibited from being registered or having its registration renewed by the Council under section 10A(4), 10C(6) or 17(1AA)".
40Substitution of Division heading
For the heading to Division 7 of Part 7 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"Part 7E—Identification of Restricted Breed Dogs".
41Regulations
(1)In sections 100(1)(bd) and 100(1)(bf) of the Domestic (Feral and Nuisance) Animals Act 1994, for "domestic animals registry licences" (wherever occurring) substitute "animal registry licences".
(2)For section 100(1)(be) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"(be)charges made by the holders of animal registry licences for the provision of animal registry services; and".
(3)In section 100(1)(bg) of the Domestic (Feral and Nuisance) Animals Act 1994, for "domestic animals" substitute "animals of prescribed classes of animal".
(4)After section 100(1)(fa) of the Domestic (Feral and Nuisance) Animals Act 1994 insert—
"(fb)prescribing infringement offences for the purposes of Part 7B; and
(fc)prescribing, for the purposes of Part 7B, penalties not exceeding 5 penalty units for infringement offences; and".
(5)In section 100(2)(d) of the Domestic (Feral and Nuisance) Animals Act 1994, for "5 penalty units" substitute "10 penalty units".
42Section 102 substituted
For section 102 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"102 Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007
(1)A reference in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind to the Domestic (Feral and Nuisance) Animals Act 1994 is deemed to be a reference to the Domestic Animals Act 1994 so far as it applies to any period on or after the commencement day, unless the contrary intention appears.
(2)A domestic animals registry licence in force immediately before the commencement day is taken to be an animal registry licence.
(3)If a horse has been implanted with a permanent identification device immediately before the commencement day, that horse is taken to have been implanted with a prescribed permanent identification device.
(4)The holder of an animal registry licence must, in relation to any record of identifying information kept and maintained in respect of a horse by the holder as part of a service in the nature of an animal registry service provided by the holder immediately before the commencement day—
(a)keep and maintain that record in the manner prescribed and containing the prescribed information; and
(b)keep and maintain a copy of that record in the manner prescribed.
Penalty:120 penalty units.
(5)In this section commencement day means the day that section 23 of the Animals Legislation Amendment (Animal Care) Act 2007 comes into operation.".
43Section 103 substituted
For section 103 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute—
"103 Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007
(1)The amendments made to this Act by sections 9, 10(2), 11, 15, 17 and 19 of the Animals Legislation Amendment (Animal Care) Act 2007 apply only to offences alleged to have been committed on or after the commencement of those sections.
(2)For the purposes of subsection (1), if an offence is alleged to have been committed between two dates and the provision of the Animals Legislation Amendment (Animal Care) Act 2007 effecting the amendment commences on a date between those two dates, the offence is taken to have been alleged to have been committed before the commencement of that provision.
(3)An agreement entered into under section 81 as in force immediately before the commencement of section 29 of the Animals Legislation Amendment (Animal Care) Act 2007 is taken to be an agreement entered into under section 84Y.".
44Further amendments to the Domestic (Feral and Nuisance) Animals Act 1994
The Domestic (Feral and Nuisance) Animals Act 1994 is amended as set out in Schedule 1.
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Part 3—Amendments to the Impounding of Livestock Act 1994
45Purposes mendeda
In section 1(a) of the Impounding of Livestock Act 1994, after "livestock" insert "that has been abandoned or found".
46Definitions
(1)In section 3 of the Impounding of Livestock Act 1994—
(a)insert the following definitions—
"Department means the Department of Primary Industries;
notice of seizure means a notice under section 8A;
road has the same meaning as it has in section 3(1) of the Local Government Act 1989;
Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department;";
(b)for the definition of authorised person substitute—
"authorised person means a person authorised under section 5 to impound livestock found trespassing;";
(c)for the definition of impound substitute—
"impound in relation to livestock, means the seizing or taking possession of that livestock and includes the holding of that livestock until the livestock is released or disposed of in accordance with this Act;".
(2)In section 3 of the Impounding of Livestock Act 1994, in the definition of livestock, for "for recreational purposes" substitute "or used for recreational purposes or for the purposes of recreational sport".
47New Division heading inserted
Before section 5 of the Impounding of Livestock Act 1994 insert—
"Division 1—Powers and duties relating to impounding and release of livestock".
48New heading inserted in section 5
Insert the following heading to section 5 of the Impounding of Livestock Act 1994—
"Power to impound livestock found trespassing".
49New section 5A inserted
After section 5 of the Impounding of Livestock Act 1994 insert—
"5A Power to enter land or building and impound abandoned livestock
(1)An authorised officer of a council may enter any land or building (excluding any building occupied as a residence) in the municipal district of that council at the request of the owner if he or she reasonably suspects that there is abandoned livestock in or on the land or building.
(2)An authorised officer of a council who enters a land or building under subsection (1)—
(a)may impound any livestock in or on the land or building that he or she reasonably believes have been abandoned; and
(b)must deliver the livestock to a pound.
(3)An authorised officer of a council who impounds livestock under this section must fix a notice of seizure to the building or to the entry gate of the land at the time of the impounding so that it is visible to persons wishing to enter the property.
(4)This section does not apply in respect of a horse that is the subject of a lien under Part 3A.".
50General duty of persons who impound livestock
In section 6(1) of the Impounding of Livestock Act 1994—
(a)for "An authorised person" substitute
"A person who has impounded livestock under section 5 or 5A";
(b)in paragraph (e)(iii), omit "authorised".
51Substitution of section 7
For section 7 of the Impounding of Livestock Act 1994 substitute—
"7 Entitlement to reimbursement of charges
A person who has impounded livestock under section 5 or 5A—
(a)is entitled to payment from the owner of the livestock of charges relating to the impounding of livestock; and
(b)may recover those charges from the owner of the livestock as a civil debt recoverable summarily in a court of competent jurisdiction.".
52Duties of authorised officer of council
For section 8(2) of the Impounding of Livestock Act 1994 substitute—
"(2)As soon as possible after impounding livestock under section 5 or 5A, or receiving impounded livestock from an authorised person, an authorised officer of a council must—
(a)take reasonable steps to ascertain the owner of the livestock including scanning the livestock for any permanent identification device and checking for any other identification marker; and
(b)if the owner of the livestock is known or ascertained, serve a notice of seizure on the owner.".
53New section 8A inserted
After section 8 of the Impounding of Livestock Act 1994 insert—
"8A Notice of seizure
(1)For the purposes of this Act, a notice of seizure is a notice that sets out the following—
(a)details of the impounded livestock including a description of the livestock;
(b)the contact details of the authorised officer of the council who impounded or received the impounded livestock;
(c)the date of impounding of the livestock;
(d)the charges payable in respect of the impounding;
(e)that the livestock may be sold or disposed of unless the charges for impounding are paid and the livestock claimed;
(f)the details of the relevant powers under this Act relating to the release and disposal of livestock;
(g)the effect of sections 26 and 27 of this Act.
(2)A notice of seizure must be served personally on the owner or by registered post to the last known address of the owner.".
54Duties of owners and occupiers of land
In section 9 of the Impounding of Livestock Act 1994, after "impounding livestock" insert "under section 5".
55Owners and occupiers of land to deliver livestock to pound
In section 10(1) of the Impounding of Livestock Act 1994, after "who" insert "under section 5".
56Procedure where owner claims livestock from owner or occupier of land
In section 11(1) of the Impounding of Livestock Act 1994, for "impounded livestock" substitute "livestock impounded under section 5".
57Duties of authorised officer who impounds livestock on Crown land
In section 12 of the Impounding of Livestock Act 1994, after "who" insert "under section 5".
58Duties of officer of Roads Corporation
In section 13 of the Impounding of Livestock Act 1994, after "who" insert "under section 5".
59Duties of person authorised by relevant corporation
In section 13A of the Impounding of Livestock Act 1994, after "who" (where secondly occurring) insert "under section 5".
60Duties of councils to notify owners
(1)In section 15(1) of the Impounding of Livestock Act 1994—
(a)after "must" insert ", as soon as possible";
(b)for paragraph (d) substitute—
"(d)if the owner of the livestock is ascertained by the council, serve a notice of seizure on the owner.".
(2)For sections 15(2) and 15(3) of the Impounding of Livestock Act 1994 substitute—
"(2)If livestock impounded under section 5 have been delivered to a council pound by an authorised person (other than an authorised officer of a council) the council must, as soon as possible—
(a)take reasonable steps to ascertain the owner of the livestock, including scanning the livestock for any permanent identification device and checking for any other identification marker; and
(b)if the owner of the livestock is known or ascertained by the council serve a notice of seizure on the owner.".
61Release of livestock from pound
In section 16(1) of the Impounding of Livestock Act 1994, after "release of livestock" insert "impounded under section 5 or 5A".
62New Division 2 of Part 2 and new sections 16A and 16B inserted
After section 16 of the Impounding of Livestock Act 1994 insert—
"Division 2—Powers to serve notices relating to trespassing livestock
16APower to serve notice objecting to the trespassing of livestock
(1)If an authorised officer of a council reasonably believes that livestock have trespassed on any land or road, he or she may serve a notice on the owner of the livestock objecting to the trespass of the livestock.
(2)A notice under subsection (1) must be served on the owner personally or by registered post to the last known address of the owner.
(3)A notice under subsection (1) must be in a form approved by the council and include the following information—
(a)the date and location of the trespass;
(b)a description of livestock believed to have trespassed;
(c)a description of the offence in section 25A including the maximum penalty;
(d)the contact details of the authorised officer of the council.
16BPower to serve notice on owner regarding confinement of livestock
(1)If an authorised officer of a council reasonably believes that livestock are not adequately confined on a property, he or she may serve a notice on the owner of the livestock directing the owner to take the measures set out in the notice to ensure the livestock are adequately confined.
(2)A notice under subsection (1) must be served on the owner personally or by registered post to the last known address of the owner.
(3)A notice under subsection (1) must be in a form approved by the council and include the following—
(a)a direction to take the measures set out in the notice to adequately confine the livestock;
(b)the time within which those measures must be taken;
(c)a description of the offence in section 25B including the maximum penalty;
(d)the contact details of the authorised officer of the council.".
63Livestock to be held for 7 days
(1)Insert the following heading to section 17 of the Impounding of Livestock Act 1994—
"Livestock found trespassing to be held for 7 days".
(2)In section 17(1) of the Impounding of Livestock Act 1994, for "impounded livestock" substitute "livestock impounded under section 5".
(3)Section 17(3) of the Impounding of Livestock Act 1994 is repealed.
64New section 17A inserted
After section 17 of the Impounding of Livestock Act 1994 insert—
"17A Livestock found abandoned to be held for 14 days
A council, an authorised officer of which has impounded livestock under section 5A, must hold the livestock for at least 14 days after the day that the livestock were impounded before the council may dispose of the livestock in accordance with this Part.".
(a)may require that person to give information to the inspector, orally or in writing;
(b)if the power is being exercised under a warrant, may require that person to produce anything named or referred to in the warrant;
(c)if the power is being exercised under section 23(1), may, on production of his or her identity card for inspection to any person in or on the premises, require the person to give such information as the inspector requests in relation to the suspected baiting, trap-shooting or luring and to answer any questions put to that person by the inspector in relation to the suspected baiting, trap-shooting or luring.
(2)A person must not, without reasonable excuse, refuse or fail to comply with a requirement of an inspector under subsection (1).
Penalty:60 penalty units.
(3)A person must not, when giving information to a inspector under subsection (1) give information that is false or misleading.
Penalty:60 penalty units.
24ZROffences as to inspectors
(1)A person must not assault, obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate a POCTA inspector in the discharge of the inspector's powers under this Part.
Penalty:60 penalty units.
(2)A person must not refuse admission to a POCTA inspector exercising a power of entry or a person assisting a POCTA inspector in exercising a power of entry under this Part.
Penalty:60 penalty units.
(3)A person must not contravene or fail to comply with any direction or requirement of a POCTA inspector who is acting in the discharge of the inspector's powers under this Part.
Penalty:60 penalty units.
24ZSOffences as to veterinary practitioners etc.
(1)A person must not assault, obstruct, hinder, threaten, abuse, insult, intimidate or attempt to obstruct or intimidate a veterinary practitioner or superintendent of a saleyard (within the meaning of section 24D) in the discharge of that practitioner's or superintendent's powers under this Part.
Penalty:60 penalty units.
(2)A person must not contravene or fail to comply with any direction or requirement of a veterinary practitioner or superintendent of a saleyard (within the meaning of section 24D) who is acting in the discharge of that practitioner's or superintendent's powers under this Part.
Penalty:60 penalty units.
24ZTOffence to fail to provide name and address
(1)If a POCTA inspector believes, on reasonable grounds, that a person has committed an offence against this Part or Part 2, the inspector may ask the person to state his or her name and ordinary place of residence or business.
(2)In making a request under subsection (1), the inspector must inform the person of the grounds for his or her belief that the person has not complied with the requirement.
(3)A person must not—
(a)refuse or fail to comply with a request under subsection (1) without a reasonable excuse for doing so; or
(b)in response to a request under subsection (1)—
(i)state a name that is false in a material particular; or
(ii)state an address that is not the full and correct address of his or her ordinary place of residence or business.
Penalty:10 penalty units.
(4)If a person states a name and address in response to a request under subsection (1) and the inspector suspects, on reasonable grounds, that the stated name and address may be false, the inspector may request the person to produce evidence of the correctness of the name and address.
(5)A person to whom a request under subsection (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so.
Penalty:10 penalty units.
(6)It is not an offence for a person to fail to comply with a request under subsection (1) or (4)—
(a)if the inspector did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or
(b)if the inspector did not identify himself or herself in accordance with section 24ZU before making the request.
24ZUPOCTA inspectors must identify themselves
A POCTA inspector must produce proof of his or her identity and official status—
(a)before exercising a power under section 24ZT; and
(b)at any time during the exercise of a power under section 24ZT, if asked to do so.
24ZVProtection against self-incrimination
(1)It is a reasonable excuse for a natural person to refuse or fail to give information or do any other thing that the person is required to do by or under this Part, if the giving of the information or the doing of that other thing would tend to incriminate the person.
(2)Despite subsection (1), it is not a reasonable excuse for a natural person to refuse or fail to produce a document that the person is required to produce by or under this Part, if the production of the document would tend to incriminate the person.
24ZWPower to file charges
(1)A charge for an offence under this Part or Part 2 or an offence under regulations under this Act relating to this Part or Part 2 may only be filed by—
(a)a member of the police force; or
(b)a person who is authorised for that purpose by the Minister in writing and who is—
(i)employed under Part 3 of the Public Administration Act 2004; or
(ii)an officer of a council (but only in respect of an alleged offence committed in the municipal district of the council of which that person is an officer); or
(iii)a full-time officer of the Royal Society for the Prevention of Cruelty to Animals.
(2)An authorisation under subsection (1)(b)—
(a)must not be for a period of more than 3 years; and
(b)remains in force until 30 June in the year specified in the authorisation as the year in which it ceases to have effect.
(3)The Minister may cancel an authorisation under subsection (1)(b).".
96Insertion of new definition of animal in Part 3
Insert the following definition in section 25 of the Prevention of Cruelty to Animals Act 1986—
"animal means—
(a)a live member of a vertebrate species including any—
(i)fish or amphibian; or
(ii)reptile, bird or mammal, other than any human being or any reptile, bird or other mammal that is below the normal mid-point of gestation or incubation for the particular class of reptile, bird or mammal; or
(b)a live adult decapod crustacean, that is—
(i)a lobster; or
(ii)a crab; or
(iii)a crayfish; or
(c)a live adult cephalopod including—
(i)an octopus; or
(ii)a squid; or
(iii)a cuttlefish; or
(iv)a nautilus;".
97Penalties for carrying out scientific procedures without licence
For the penalty at the foot of sections 26(1), 26(2), 26(3) and 26(4) of the Prevention of Cruelty to Animals Act 1986 substitute—
"Penalty:120 penalty units or imprisonment for 12 months, in the case of a natural person.
600 penalty units, in the case of a body corporate.".
98Penalties for carrying out scientific procedures outside scientific premises
For the penalty at the foot of sections 27(1) and 27(2) of the Prevention of Cruelty to Animals Act 1986 substitute—
"Penalty:120 penalty units or imprisonment for 12 months, in the case of a natural person.
600 penalty units, in the case of a body corporate.".
99Penalties for breeding animals for use in scientific procedures
For the penalty at the foot of sections 28(1) and 28(2) of the Prevention of Cruelty to Animals Act 1986 substitute—
"Penalty:20 penalty units, in the case of a natural person.
120 penalty units, in the case of a body corporate.".
100Penalties for failure to comply with conditions applying to scientific procedures
For the penalty at the foot of sections 32(2) and 32(3) of the Prevention of Cruelty to Animals Act 1986 substitute—
"Penalty:120 penalty units or imprisonment for 12 months, in the case of a natural person.
600 penalty units, in the case of a body corporate.".
101Penalties for failure to comply with field work conditions
For the penalty at the foot of sections 32D(2) and 32D(3) of the Prevention of Cruelty to Animals Act 1986 substitute—
"Penalty:120 penalty units or imprisonment for 12 months, in the case of a natural person.
600 penalty units, in the case of a body corporate.".
102Penalties for failure to comply with conditions on specified animals breeding licence
For the penalty at the foot of sections 32H(2) and 32H(3) of the Prevention of Cruelty to Animals Act 1986 substitute—
"Penalty:20 penalty units, in the case of a natural person.
120 penalty units, in the case of a body corporate.".
103Penalties for carrying out certain procedures
(1)In section 36(1) of the Prevention of Cruelty to Animals Act 1986—
(a)after "is guilty of an offence" insert "and is liable to a penalty of not more than, in the case of a natural person, 120 penalty units or imprisonment for 12 months, or, in the case of a body corporate, 600 penalty units";
(b)omit—
"Penalty:For a person who is a corporation—120 penalty units.
For a person other than a corporation—60 penalty units or imprisonment for 6 months.".
(2)In section 36(2) of the Prevention of Cruelty to Animals Act 1986—
(a)after "is guilty of an offence" insert "and is liable to a penalty of not more than, in the case of a natural person, 120 penalty units or imprisonment for 12 months, or, in the case of a body corporate, 600 penalty units";
(b)omit—
"Penalty:For a person who is a corporation—120 penalty units.
For a person other than a corporation—60 penalty units or imprisonment for 6 months.".
(3)In section 36(3) of the Prevention of Cruelty to Animals Act 1986—
(a)after "is guilty of an offence" insert "and is liable to a penalty of not more than, in the case of a natural person, 120 penalty units or imprisonment for 12 months, or, in the case of a body corporate, 600 penalty units";
(b)omit—
"Penalty:For a person who is a corporation—120 penalty units.
For a person other than a corporation—60 penalty units or imprisonment for 6 months.".
104Consequential repeal of section
Section 37 of the Prevention of Cruelty to Animals Act 1986 is repealed.
105Delegation
In section 38 of the Prevention of Cruelty to Animals Act 1986, after "this Act" (where twice occurring) insert "or regulations under this Act".
106Liability for offences
Sections 41(3), 41(4) and 41(6) of the Prevention of Cruelty to Animals Act 1986 are repealed.
107Insertion of new sections 41AA, 41AB and 41AC
After section 41 of the Prevention of Cruelty to Animals Act 1986 insert—
"41AA Offences by bodies corporate
(1)If a body corporate contravenes any provision of this Act, each officer of the body corporate is deemed to have contravened the same provision if the officer knowingly authorised or permitted the contravention.
(2)A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against under that provision.
(3)Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act.
41ABConduct by officers, employees or agents
(1)If, in any proceedings under this Act, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show—
(a)that the conduct was engaged in by an officer of that body corporate within the scope of the officer's actual or apparent authority and the officer had that state of mind; or
(b)that the conduct was engaged in by an agent of the body corporate and—
(i)the agent acted at the specific direction or with the specific consent or agreement of the body corporate; and
(ii)the agent had that state of mind; and
(iii)the body corporate was aware of the agent's state of mind when the conduct was engaged in.
(2)For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a body corporate is deemed to have been engaged in also by the body corporate if the conduct was engaged in by—
(a)an officer of the body corporate within the scope of the officer's actual or apparent authority; or
(b)any other person at the specific direction or with the specific consent or agreement of an officer of the body corporate, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the officer.
(3)If, in any proceedings under this Act, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show—
(a)that the conduct was engaged in by an employee of that person within the scope of the employee's actual or apparent authority and the employee had that state of mind; or
(b)that the conduct was engaged in by an agent of the person and—
(i)the agent acted at the specific direction or with the specific consent or agreement of the person; and
(ii)the agent had that state of mind; and
(iii)the person was aware of the agent's state of mind when the conduct was engaged in.
(4)For the purposes of any proceedings under this Act, any conduct engaged in on behalf of a person other than a body corporate (the principal) is deemed to have been engaged in also by the principal if the conduct was engaged in by—
(a)an employee of the principal within the scope of the employee's actual or apparent authority; or
(b)any other person at the specific direction or with the specific consent or agreement of an employee of the principal, if the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee.
(5)A reference in this section to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person's reasons for the intention, opinion, belief or purpose.
41ACTime for filing certain charges under this Act
Despite anything to the contrary in section 26(4) of the Magistrates' Court Act 1989, proceedings for any offence under section 9, section 10, Part 3 or any regulations relating to Part 3 may be commenced within the period of three years after the date on which the alleged offence was committed.".
108Regulation making powers
(1)In section 42(1) of the Prevention of Cruelty to Animals Act 1986—
(a)for paragraph (b) substitute—
"(b)traps, including but not limited to the following—
(i)the nature, dimensions and features of traps;
(ii)the use of traps;
(iii)the purposes for which and the places in which traps may be used;";
(b)for paragraph (d) substitute—
"(d)rodeo licences, rodeo school permits and rodeo permits, including, but not limited to—
(i)granting or issuing licences or permits; or
(ii)conditions on licences or permits; or
(iii)applications for licences or permits;
(da)the conduct of rodeos or the operation of rodeo schools, including, but not limited to obligations imposed on persons who—
(i)participate in; or
(ii)conduct or operate; or
(iii)assist in the conduct or operation of; or
(iv)are otherwise involved in—
rodeos or rodeo schools;";
(c)paragraph (j) is repealed.
(2)In section 42(2)(c) of the Prevention of Cruelty to Animals Act 1986, for "10 penalty units" substitute "20 penalty units".
109Amendment of reference
In section 24Y of the Prevention of Cruelty to Animals Act 1986, for "Domestic (Feral and Nuisance) Animals Act 1994" substitute "Domestic Animals Act 1994".
110Further amendment of the Prevention of Cruelty to Animals Act 1986
The Prevention of Cruelty to Animals Act 1986 is amended as set out in Schedule 2.
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Part 5—Amendments to the Ombudsman Act 1973
111Functions and jurisdiction
In section 13(2AC) of the Ombudsman Act 1973, for "the Domestic (Feral and Nuisance) Animals Act 1994" substitute "the Domestic Animals Act 1994".
112Procedure relating to investigations
In section 17(1) of the Ombudsman Act 1973, for "the Domestic (Feral and Nuisance) Animals Act 1994" (wherever occurring) substitute "the Domestic Animals Act 1994".
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Part 6—Repeal of Amending Act
113Repeal of Act
This Act is repealed on 1 December 2010.
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SCHEDULES
SCHEDULE 1
Section 44
Consequential amendments to the Domestic (Feral and Nuisance) Animals Act 1994
1Persons who may inspect register
In section 44AC(2)(e)—
(a)for "a domestic animals registry licence" substitute "an animal registry licence";
(b)for "a domestic animals registry service" substitute "an animal registry service".
2Offences relating to keeping of records
In section 63E—
(a)for "a domestic animals registry licence" substitute "an animal registry licence";
(b)for "each dog or cat" substitute "each animal of a prescribed class of animal";
(c)for "domestic animals registry service" substitute "animal registry service";
(d)for "that dog or cat" substitute "that animal".
3Offences relating to implantation of permanent identification devices
In section 63F, for "a dog or cat" substitute
"an animal of a prescribed class of animal".
4Offence not to give information to licence holder on implantation
In section 63G—
(a)for "a dog or cat" substitute "an animal of a prescribed class of animal";
(b)for "a domestic animals registry licence" substitute "an animal registry licence";
(c)for "a domestic animals registry service" substitute "an animal registry service".
5Offence not to give identifying information in certain circumstances
(1)In section 63H(1)—
(a)for "a dog or cat" substitute "an animal of a prescribed class of animal";
(b)for "domestic animals registry service" substitute "animal registry service";
(c)for "that dog or cat" substitute "that animal";
(d)for "domestic animals registry licence" substitute "animal registry licence";
(e)for "the dog or cat" substitute "the animal".
(2)In section 63H(2)—
(a)for "a domestic animals registry licence" substitute "an animal registry licence";
(b)for "domestic animals registry service for that dog or cat" substitute "animal registry service for an animal of a prescribed class of animal";
(c)for "dog or cat" (where secondly occurring) substitute "animal".
6Offence not to provide certain information relating to identification devices to licence holders
(1)In the heading to section 63I, for "domestic animals registry licences" substitute "animal registry licences".
(2)In section 63I(1), for "domestic animals registry licences" substitute "animal registry licences".
7Requirement to scan animals for permanent identification devices
(1)In the heading to section 63J, for "dogs or cats" substitute "animals".
(2)In section 63J—
(a)for "a dog or cat who" substitute "an animal of a prescribed class of animal that";
(b)for "the dog or cat" substitute "the animal".
8Division heading substituted
For the heading to Division 3 of Part 4A substitute—
"Division 3—Animal registry licences".
9Section 63K substituted
For section 63K substitute—
"63K Grant of animal registry licence
The Secretary may license a person to offer or provide an animal registry service.".
10Application for animal registry licence
(1)For the heading to section 63L substitute—
"Application for an animal registry licence".
(2)In section 63L(1), for "a domestic animals registry licence" substitute "an animal registry licence".
11Duration of licences
In section 63M, for "A domestic animals registry licence" (wherever occurring) substitute "An animal registry licence".
12Conditions on licences
In section 63N, for "A domestic animals registry licence" substitute "An animal registry licence".
13Renewal of licences
In section 63O—
(a)in subsections (1) and (2), for "a domestic animals registry licence" substitute
"an animal registry licence";
(b)in subsection (5), for "A domestic animals registry licence" substitute "An animal registry licence".
14Notice of proposal to cancel licence
(1)For the heading to section 63P substitute—
"Notice of proposal to cancel an animal registry licence".
(2)In section 63P(1), for "a domestic animals registry licence" substitute "an animal registry licence".
15Making of submissions on proposal to cancel
In section 63Q(1), for "a domestic animals registry licence" substitute "an animal registry licence".
16Cancellation of licence
(1)For the heading to section 63R substitute—
"Cancellation of an animal registry licence".
(2)In sections 63R(1) and 63R(4), for "a domestic animals registry licence" (wherever occurring) substitute "an animal registry licence".
17Requirements to surrender records
In section 63S—
(a)for "a domestic animals registry licence" substitute "an animal registry licence";
(b)for "the domestic animals registry service" substitute "the animal registry service".
18Qualifications for implanters
In section 63T, for "domestic animals identification devices" substitute "permanent identification devices".
19Notice of proposal to impose prohibition on implanting
In section 63U(1), for "dogs and cats" substitute "animals of prescribed classes of animal".
20Power of the Secretary to prohibit a person from implanting devices
In section 63W(1)—
(a)in paragraph (b), for "a domestic animals registry licence" substitute "an animal registry licence";
(b)in paragraph (c) for "in dogs and cats" substitute "in animals of prescribed classes of animal".
21Powers of authorised officers
In section 74—
(a)in subsections (1)(c) and (1A)(d), for "a domestic animals registry licence" substitute "an animal registry licence";
(b)in subsection (1A), for "domestic animals registry services" substitute "animal registry services";
(c)in subsection (1B)—
(i)in paragraph (e), for "domestic animals registry services" substitute "animal registry services";
(ii)in paragraph (f), for "dogs or cats" substitute "animals of prescribed classes of animal".
22Seizure of records of information recorded in permanent identification devices
In section 75A(1), for "a domestic animals registry licence" substitute "an animal registry licence".
23Disposal of records seized under section 75A
In section 75B—
(a)in subsection (1), for "a domestic animals registry licence" substitute "an animal registry licence";
(b)in subsection (2), for "the domestic animals registry licence" substitute "the animal registry licence";
(c)in subsection (3), for "domestic animals registry service" (wherever occurring) substitute "animal registry service".
24Application of proceeds of sale
In section 75C, for "domestic animals registry licence" (wherever occurring) substitute "animal registry licence".
25Review of decisions made under Part 4A
In section 98AA(1)—
(a)for "a domestic animals registry licence" (wherever occurring) substitute "an animal registry licence";
(b)for "dogs and cats" substitute "animals of prescribed classes of animal".
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SCHEDULE 2
Section 110
Further amendment of the Prevention of Cruelty to Animals Act 1986
For the Schedule to the Prevention of Cruelty to Animals Act 1986 substitute—
"SCHEDULE
Section 15C
Table of diseases Caused by heritable defects
| Column 1 Species | Column 2 Disease |
| Dogs | Von Willebrand's Disease (VWD) Progressive Retinal Atrophy (PRA) Neuronal Ceroid Lipofuscinosis (NCL) Collie Eye Anamoly (CEA/CH) Hereditary Cataract (HC) |
| Cats | Polycystic Kidney Disease (PKD) Mutations causing aplasia or hypoplasia of any long bone Folded ears due to osteochondrodysplasia |
.".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 11 October 2007
Legislative Council: 1 November 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Domestic (Feral and Nuisance) Animals Act 1994, the Impounding of Livestock Act 1994 and the Prevention of Cruelty to Animals Act 1986 and for other purposes."
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