Untitled document
Domestic (Feral and Nuisance) Animals
(Amendment) Act 2000
Act No. 87/2000
TABLE OF PROVISIONS
Section Page
1. Purposes 1 2. Commencement 2 3. Principal Act 2 4. Amendment to definitions 2 5. Owners under the age of 17 years 4 6. Conditions on exemptions 4 7. New section 5A inserted 4
5A. Applicable organisations 4
8. Maximum registration fees 5 9. Amendment to section 20 6 10. Section 23 substituted 6
23. Dogs and cats on private property without permission 6
11. Penalty in respect of dogs found at large 7 12. Places specified by the Council 7 13. Amendment to section 28 8 14. Dog attacks 8 15. Amendment to section 34 8 16. New section 34A inserted 9
34A. Dangerous dogs 9
17. Amendment to section 35 9 18. Amendment to section 37 9 19. Dangerous dog guarding non-residential premises 10 20. New Division 3A inserted 11 Division 3A—Particular provisions for the control of menacing dogs 11
41A. Declaration that a dog is a menacing dog 11 41B. Procedure for declaring a menacing dog 12 41C. Council must give notice of a menacing dog declaration to owner 12 41D. Notification of Council in relation to menacing dog 12 41E. Restraint of menacing dogs 13
21. New section 44A inserted 13
i
Section Page
44A. Application of Division 13
22. Registration offence 14 23. Amendment to section 50 repealed 14 24. New section 50A inserted 14
50A. Application of Division 14
25. Section 53 repealed 14 26. New Division 3A inserted 14 Division 3A—Registration of Business conducted by Council 14 58. Revocation or suspension of Council animal shelter or
pound 14 58A. Offence to conduct domestic animal business on
unregistered premises 15 58B.
Application for registration 15 58C.
Registration of premises 15 58D.
Term and renewal of registration 16 58E.
Fees for registration and renewal of registration 16 58F.
Surrender of registration 17 58G.
Transfer of registration 17 58H.
Powers of Minister 17 58I.
Minister to give notice 18 58J.
Minister to hear proprietor or applicant 18 58K.
Notice of Minister's decision 18
27. New section 63A inserted 19
63A. Code of Practice offence 19
28. New sections 73 and 73A 19
73. Identity cards for authorised officers 19 73A. Offence to impersonate authorised officer 19
29. Amendment to section 74 19 30. New section 76A inserted 20
76A. Notice to comply 20
31. Amendments to section 77 20 32. New sections 77A, 77B and 77C inserted 20
77A. Warrants for search and seizure 20 77B. Announcement before entry 21 77C. Details of warrant to be given to occupier 22
33. Substitution of section 79 22
79. Recovery of animal 22
34. Impounding costs to be paid by guilty owner 24 35. Amendment to section 85 24 36. New section 86 substituted 24
86. Form of infringement notice 24
37. Review of decisions 25 38. Section 102 substituted 26
ii
Section Page
102. Saving provisions 26
39. Amendments to Schedule 27
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ENDNOTES 28
iii
Victoria
No. 87 of 2000
Domestic (Feral and Nuisance) Animals
(Amendment) Act 2000†
[Assented to 5 December 2000]
The Parliament of Victoria enacts as follows:
1. Purposes
The main purposes of this Act are—
(a)
to simplify the control of dogs and cats on private property without permission;
(b)
to enable Councils to declare certain dogs to be menacing dogs;
(c)
to require the owners of menacing dogs to restrain their dogs adequately;
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 2 | Act No. 87/2000 |
(d)
to regulate domestic animal businesses conducted by Councils;
(e)
to allow authorised officers to search for and seize certain dogs under a search warrant.
2. Commencement
(1) This Act (other than sections 4(a) and (b), 9,
19(2), 38 and 39) comes into operation on the day
after the day on which it receives the Royal
Assent.
(2) Sections 4(a) and (b), 9, 19(2), 38 and 39 come into operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 1 January 2002, it
comes into operation on that day.
See:
| Act No. | 3. Principal Act |
| 81/1994. | |
| Reprint No. 1 | In this Act, the Domestic (Feral and Nuisance) |
| as at | Animals Act 1994 is called the Principal Act. |
| 22 October | |
| 1998. | |
| LawToday: dpc.vic. | |
| gov.au |
4. Amendment to definitions
In section 3(1) of the Principal Act—
(a) for the definition of "applicable ' "applicable organisation" means an
organisation that is declared by the Minister under section 5A to be an applicable organisation;';
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 4
(b) for the definition of "dangerous dog" ' "dangerous dog" means—
(a)
a dog which has been declared to be dangerous by a Council under Part 3;
(b)
a dog which by virtue of the operation of section 34A is a dangerous dog;';
(c)
in the definition of "domestic animal business" in paragraph (b)(i)(B) omit "or an organisation approved by the Council of the municipal district in which the enterprise is situated";
(d)
for the definition of "pet shop" substitute— ' "pet shop" means a shop—
(a) situated in a permanent location; and (b) excluding a public holiday
open not less than 5 days a week, Holidays Act 1993; and
(c) pig, mouse, reptile, caged bird or
any other similar animal of a
class or kind prescribed by thewhere a dog, cat, rabbit, guinea sold or bought and sold;';
(e) insert the following definitions—
' "menacing dog" means a dog which hasbeen declared to be a menacing dog by
a Council under Part 3;
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 5 | Act No. 87/2000 |
"rush at", in relation to a dog, means to
approach a person to a distance of less
than 3 metres in a menacing manner,
displaying aggressive tendencies that
may include snarling, growling and
raised hackles;'.
5. Owners under the age of 17 years
In section 4 of the Principal Act, for "a minor" substitute "under the age of 17 years".
6. Conditions on exemptions
At the end of section 5 of the Principal Act
insert—
"(2) The Governor in Council may imposeconditions on an exemption that the Governor in Council considers to be appropriate in the circumstances.".
7. New section 5A inserted
After section 5 of the Principal Act insert—
"5A. Applicable organisations(1) The Minister may declare, by notice
published in the Government Gazette, that an
organisation is an applicable organisation
if—
(a) the organisation has applied to the Minister to be declared an applicable organisation; and (b) the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines; and (c) the organisation does not represent importation into Australia is prohibited under the Customs (Prohibited Imports)
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 8 Regulations 1956 of the
Commonwealth.(2) An application to be an applicable
organisation must include—
(a)
a copy of the organisation's annual report of the preceding year; and
(b)
the organisation's code of ethics and details of how the code is enforced; and
(c)
the outcome of any disciplinary action taken by the organisation for breaches of the ethics code during the preceding year; and
(d)
any other information required by the Minister.".
8. Maximum registration fees
After section 15(6) of the Principal Act insert—
"(7) Despite sub-sections (1) to (6), the maximum
fee for registration of dogs is payable in
respect of—
(a) a menacing dog;
(b) dog after the commencement of
section 8 of the Domestic (Feral anda dog that is declared to be a dangerous 2000;
(c)
a dog that is declared to be a dangerous dog under section 34(1)(a) before the commencement of section 8 of the Domestic (Feral and Nuisance) Animals (Amendment) Act 2000.".
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 9 | Act No. 87/2000 |
9. Amendment to section 20
In section 20(2)(d) of the Principal Act omit "or an organisation approved by the Council of the municipal district in which the fixture is being conducted".
10. Section 23 substituted
For section 23 of the Principal Act substitute— '23. Dogs and cats on private property without
permission
(1) If a dog or cat has been present on private
property on more than one occasion without
the permission of the owner or occupier of
the property, the owner or occupier of
private property or an authorised officer may
seize the dog or cat while it is present on the
property.
(2) The owner or occupier of the private
property or the authorised officer who has
seized a dog or cat under sub-section (1)
must immediately so notify the Council of
the municipal district in which the property
is situated.
(3) If the Council is able to identify the owner of a dog or cat seized under sub-section (1), the Council 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 theprivate property.
(4) If, after a notice under sub-section (3) has
been served, the dog or cat enters or remains on the private property, the owner of the dog or cat is guilty of an offence and liable, upon conviction, to a penalty of not more than
1 penalty unit for a first offence, and
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 11 3 penalty units for a second or subsequent
offence.(5) A notice under sub-section (3) must be
served either personally or by registered
post.
(6) A copy of a notice under sub-section (3)
must be given to the owner or occupier of
the private property within 24 hours after the
notice being served.
(7) In this section, "business day" means a day other than—
(a) a Saturday or Sunday; or
(b)
a public holiday appointed under the Public Holidays Act 1993.'.
11. Penalty in respect of dogs found at large
In section 24 of the Principal Act—
(a)
in sub-section (1) for "1 penalty unit for a first offence, or 3 penalty units for a second or subsequent offence" substitute "3 penalty units".
(b)
in sub-section (2) for "3 penalty units for a first offence and 5 penalty units for a second or subsequent offence" substitute "5 penalty units".
12. Places specified by the Council
(1) In section 26(2) of the Principal Act, in
paragraphs (a) and (b) for "public area" substitute
"public place".
(2) After section 26(2) of the Principal Act insert—
"(2A) If the Council proposes to make an order
under this section in respect of a public place
that is on private land, the Council must
obtain the agreement of the owner or
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 13 | Act No. 87/2000 |
occupier of the private property to the order
before making the order.".(3) After section 26(4) of the Principal Act insert— '(5) In this section, "public place" has the same
meaning as in section 3 of the Summary
Offences Act 1966.'.
13. Amendment to section 28
In section 28 of the Principal Act for "worry" substitute "rush at".
14. Dog attacks
(1) For section 29(1) of the Principal Act
substitute—
"(1) If a dog attacks or bites any person or
animal, the owner is guilty of an offence and
liable upon conviction to a penalty of not
more than 5 penalty units.(1A) If a dog rushes at or chases any person, the
owner is guilty of an offence and liable upon
conviction to a penalty of not more than
4 penalty units.".
(2) In section 29(2) of the Principal Act for "Sub-
section (1) does not" substitute "Sub-sections (1)
and (1A) do not".
(3) In section 29(3) of the Principal Act after "sub- section (1)" insert "or (1A)".
(4) In section 29(4) of the Principal Act after "sub- section (1)" insert ", (1A)".
15. Amendment to section 34
In section 34(1) of the Principal Act—
(a)
in paragraph (a) for "biting, attacking, worrying, rushing at or chasing" substitute "biting or attacking";
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 16
(b)
for paragraph (b) substitute— "(b) if the dog is a menacing dog and its
owner has received at least 2
infringement notices in respect of theoffence in section 41E; or".
16. New section 34A inserted
After section 34 of the Principal Act insert—
"34A. Dangerous dogs
A dog is a dangerous dog if—
(a)
the dog is kept as a guard dog for the purpose of guarding non-residential premises; or
(b)
the dog has been trained to attack or bite any person or any thing when attached to or worn by a person.".
17. Amendment to section 35
Section 35(1) of the Principal Act is repealed.
18. Amendment to section 37
For section 37(1) of the Principal Act
substitute—"(1) Immediately upon becoming the owner of a
dog that has been trained to attack or bite
any person or any thing when attached to or
worn by a person, the owner of the dog must
so notify the Council of the municipal
district in which the dog is kept.
Penalty: 5 penalty units.
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 19 | Act No. 87/2000 |
(1A) Immediately upon a dog commencing
training to attack or bite any person or any
thing when attached to or worn by a person,
the owner of the dog must notify the Council
of the municipal district in which the dog is
kept that the dog is being so trained.
Penalty: 5 penalty units.(1B) The owner of a dog kept as a guard dog for
the purpose of guarding non-residential
premises must, within 24 hours of
commencing to keep the dog for that
purpose, notify the Council of the municipal
district in which the dog is kept that the dog
is being kept for that purpose.
Penalty: 5 penalty units.
(1C) If a Council has advised the owner of a dog that the Council is investigating an alleged offence under section 29 of the Act in
respect of that dog and if the custody or
ownership of the dog changes, the owner of
the dog must notify the Council which
registered the dog of the change within 24
hours after the change taking place.Penalty: 5 penalty units.".
19. Dangerous dog guarding non-residential premises
(1) In section 38(3) of the Principal Act for "This
section does not" substitute "Sub-sections (1) and
(2) do not".
(2) After section 38(3) of the Principal Act insert—
"(4) The owner of a dangerous dog must ensure
that if a dangerous dog is kept on non-
residential premises, the dangerous dog is
kept—
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 20
(a)
when it is guarding the premises, inside perimeter fencing that complies with the prescribed requirements; and
(b)
in any other case, in an enclosure that complies with the prescribed structural requirements.
Penalty: 5 penalty units.".
20. New Division 3A inserted
After section 41 of the Principal Act insert—
"Division 3A—Particular provisions for the
control of menacing dogs
41A. Declaration that a dog is a menacing dog
(1) A Council may declare a dog to be a menacing dog if—
(a) the dog has rushed at or chased a person; or (b) the dog has been declared a menacing dog by another Council. (2) The Council must not make a declaration
under sub-section (1)(a) if the incident
occurred because—
(a) the dog was being teased, abused or assaulted; or (b) the person was trespassing on the premises on which the dog was kept; or (c) another person known to the dog was being attacked in front of the dog. (3) The Council may revoke any declaration made under sub-section (1).
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 20 | Act No. 87/2000 |
(4) The Council may delegate its power under
sub-section (1) to an authorised officer.(5) If the owner of a dog is convicted of an
offence against section 29(1A), the court
may order the Council to declare the dog tobe a menacing dog under sub-section (1).
41B. Procedure for declaring a menacing dog
(1) If the Council proposes that a dog be declared a menacing dog, the Council must—
(a) notify the owner; and
(b)
allow the owner the opportunity to make both written and oral submissions to the Council.
(2) The Council must consider any submissions
submitted to it before making a declaration.41C. Council must give notice of a menacing dog declaration to owner
(1) If the Council has made a declaration that a dog is a menacing dog, it must serve written notice on the owner of the dog that a
declaration has been made.
(2) The notice must—
(a)
be served, either in person or by registered post, within 7 days after the making of the declaration; and
(b)
give reasons for the making of the declaration.
41D. Notification of Council in relation to
menacing dog
The owner of a menacing dog must notify the Council within 24 hours if—
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 21 (a) the dog rushes at or chases a person; or
(b) the dog is missing; or(c) the ownership of the dog changes.
Penalty:
(a) For a first offence, 5 penalty units.
(b)
For a second offence or subsequent offence, 10 penalty units.
41E. Restraint of menacing dogs
(1) A notice that a dog has been declared to be a
menacing dog may require the owner of the dog specified in the notice to cause the dog, when it is outside the premises of its owner in circumstances specified in the notice, to be—
(a) muzzled in a manner which is sufficient to prevent it causing injury by biting; (b) under the effective control of some person by means of a chain, cord or leash. (2) The owner of a dog who does not comply
with a requirement under sub-section (1) is
guilty of an offence and liable to a penalty of
4 penalty units.".
21. New section 44A inserted
Before section 45 of the Principal Act insert—
"44A. Application of Division
This Division does not apply to a domestic animal business (other than an animal shelter or pound) conducted by a Council.".
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 22 | Act No. 87/2000 |
22. Registration offence
After section 47(2) of the Principal Act insert—
"(3) If a premises has been registered for the
purposes of a domestic animal business, the
person who conducts the business must
comply with the terms, conditions,
limitations or restrictions, if any, on that
registration.Penalty: 10 penalty units.".
23. Amendment to section 50 repealed
In section 50 of the Principal Act for "a domestic animal business" substitute "an animal shelter or pound".
24. New section 50A inserted
Before section 51 of the Principal Act insert—
"50A. Application of Division
This Division does not apply to a domestic animal business (other than an animal shelter or pound) conducted by a Council.".
25. Section 53 repealed
Section 53 of the Principal Act is repealed.
26. New Division 3A inserted
For section 58 of the Principal Act substitute—
"Division 3A—Registration of Business
conducted by Council
58. Revocation or suspension of Council animal shelter or pound
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 26
(1) Subject to sub-section (2), the Minister may
registration of premises upon which a
at any time suspend or revoke the pound if the premises is in the municipal district of that Council.
(2) The Minister must be satisfied that—
(a) the Council has failed to comply with the Act, the regulations, any Code of Practice applying to the business, or any terms, conditions, limitations or restrictions on registration; or (b) the Council has been found guilty of an offence under the Prevention of Cruelty to Animals Act 1986. 58A. Offence to conduct domestic animal business on unregistered premises
A Council must not conduct a domestic
animal business (other than an animal shelter
or pound), on a premises in the municipal
district of the Council which is not registered
for that purpose with the Minister.Penalty: 10 penalty units.
58B. Application for registration
(1) A Council may apply to the Minister to
register a premises as a premises on which a
domestic animal business (other than an
animal shelter or pound) is conducted.(2) The application must be made in the form
approved by the Minister.
58C. Registration of premises
(1) If a Council has applied to have a premises
registered with the Minister as a premises on
which a domestic animal business (other
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 26 | Act No. 87/2000 |
than an animal shelter or pound) may be conducted, the Minister may register that premises for that purpose.
(2) The Minister may impose any terms,
conditions, limitations or restrictions on that
registration.
(3) The Council must comply with the terms, conditions, limitation or restriction, if any, on that registration.
Penalty: 10 penalty units.
58D. Term and renewal of registration
(1) A registration under this Division may be
renewed annually and continues in force
until 10 April in the year following the
registration or renewal or until a change in
ownership of the business.
(2) The Council may renew the registration of
the premises on which that business is
conducted by applying to the Minister in
writing in the form approved by the Minister
no less than 30 days before the registration is
due to expire.
58E. Fees for registration and renewal of
registration
(1) A Council that has applied for registration or renewal of registration of premises on which a domestic animal business (other than an
animal shelter or pound) is being conducted,
must pay the prescribed fee with that
application.(2) The Minister may refund the whole or any part of a fee accompanying an application under this Division.
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 26
58F. Surrender of registration
The Council may surrender the registration of the premises on which a domestic animal business (other than an animal shelter or
pound) is conducted by notice to the
Minister in writing.
58G. Transfer of registration
(1) If the Council proposes to transfer the
business to a new premises, the Council must
notify the Minister.
(2) The notice must be—
(a)
in writing in a form approved by the Minister; and
(b)
given to the Minister at least 30 days before the transfer is made; and
(c) accompanied by the prescribed fee.
(3) If the Minister has received notice in writing
of a transfer of premises under this section,
he or she may register the new premises as a
premises upon which the business may be
conducted and may impose any terms,
conditions, limitations or restrictions on that
registration.
58H. Powers of Minister
(1) The Minister may—
(a)
refuse to register or to renew the registration of a premises; or
(b)
refuse to transfer registration to a new premises; or
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 26 | Act No. 87/2000 |
(c)
suspend the registration of a premises; or
(d) revoke the registration of a premises.
(2) The Minister may act under sub-section (1)
if he or she is satisfied that the Council—
(a)
has failed to comply with the Act, the regulations, any Code of Practice applying to the business, or the terms, conditions, limitations or restrictions on registration; or
(b)
has been found guilty of an offence under the Prevention of Cruelty to Animals Act 1986.
58I. Minister to give notice
If the Minister proposes to exercise his or her powers under section 58H, the Minister must give notice of that intention to the Council before acting under that section.
58J. Minister to hear proprietor or applicant
(1) Before acting under section 58H, the
Minister must give the Council an opportunity to make both oral and written submissions to the Minister.
(2) The Minister must take into consideration any submissions made to the Minister.
58K. Notice of Minister's decision
(1) The Minister must serve notice of his or her decision on the Council, either in person or by registered post, within 7 days after the
making of the decision.
(2) The Minister must give reasons for his or her decision in the notice.".
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 27
27. New section 63A inserted
After section 63 of the Principal Act insert—
"63A. Code of Practice offence
A person must not conduct a domestic
animal business that does not comply with
the relevant Code of Practice made under
section 59.Penalty: 10 penalty units.".
28. New sections 73 and 73A
For section 73 of the Principal Act substitute—
"73. Identity cards for authorised officers(1) The Minister or Council (as the case
requires) must issue an identity card to each
authorised officer.
(2) An identity card must contain a photograph of the authorised officer to whom it is issued.
(3) An authorised officer must produce his or her identity card for inspection—
(a)
before exercising a power under this Part; and
(b)
at any time during the exercise of a power under this Part, if asked to do so.
73A. Offence to impersonate authorised officer
A person who is not an authorised officer
must not, in any way hold himself or herself
out to be an authorised officer.Penalty: 60 penalty units.".
29. Amendment to section 74
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 30 | Act No. 87/2000 |
Section 74(4) of the Principal Act is repealed.
30. New section 76A inserted
After section 76 of the Principal Act insert—
"76A. Notice to comply
An authorised officer may issue a person with a notice to comply if the authorised officer believes on reasonable grounds that
the person has committed an offence under
this Act.".
31. Amendments to section 77
(1) In section 77(1) and (2) of the Principal Act omit
"kept".
(2) In section 77(3) of the Principal Act after "any person" insert "or an authorised officer".
32. New sections 77A, 77B and 77C inserted
After section 77 of the Principal Act insert—
"77A. Warrants for search and seizure
(1) An authorised officer may apply to a
magistrate for the issue of a search warrant
in relation to any premises, if the officer
believes on reasonable grounds that a dog is
present on the premises which the officer is
entitled to seize under section 77(1)(b), (c)
or (d).
(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 the dog which the authorised
officer is entitled to seize under section
77(1)(b), (c) or (d) is present on the
premises, the magistrate may issue a search
warrant, in accordance with the Magistrates'
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 32 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 and with
any necessary equipment—
(a)
to enter the premises specified in the warrant, if necessary by force; and
(b)
to search for the dog identified in the search warrant; and
(c) to seize that dog.
(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 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.
77B. Announcement 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
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 33 | Act No. 87/2000 |
(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
sub-section (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.
77C. Details 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, the
authorised officer must—
(a)
identify himself or herself to a person at the premises; and
(b)
give to the person a copy of the warrant.".
33. Substitution of section 79
For section 79 of the Principal Act substitute—
"79. Recovery of animal(1) A person may recover a dog or cat that has been seized under section 77(1)(a) or (2) if he or she—
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 33 (a) applies to register the animal; and
(b) pays the amount fixed by the Council within 8 days after the seizure of the animal; and (c) proves to the satisfaction of the Council that he or she is the owner of the animal. (2) A person may recover a dog or cat that has been seized under section 23(1) or 77(3) if he or she—
(a) where—
(i) the animal is held by the Council, pays the amount fixed by the Council within 8 days after the seizure of the animal; or
(ii) the animal is held by another person or body, pays the amount charged by that person or body within 8 days after the seizure of the animal; and
(b)
proves to the satisfaction of the Council or the person or body holding the animal, as the case may be, that he or she is the owner of the animal; and
(c)
proves to the satisfaction of the Council or the person or body holding the animal, as the case may be, that he or she has a current registration certificate in respect of the animal or he or she has applied to register the animal.".
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 34 | Act No. 87/2000 |
34. Impounding costs to be paid by guilty owner
(1) In section 80(1) of the Principal Act for "section 77(1)(a), (2) or (3)" substitute "section 23(1) or 77(1)(a), (2) or (3)".
(2) For section 80(4) of the Principal Act
substitute—
"(4) If the owner of a dog seized under section
77(1)(c)(ii) or (d)(ii) is found guilty of the
offence—
(a)
the Court may order the owner to pay to the Council the reasonable cost of the Council retaining custody of the dog until the outcome of the prosecution; and
(b) the Council may destroy the dog.".
35. Amendment to section 85
In section 85(1) of the Principal Act for "or 32" substitute "32, 41E or 63A".
36. New section 86 substituted
For section 86 of the Principal Act substitute—
"86. Form of infringement notice
An infringement notice must state—
(a) the date of the notice;
(b)
the section that creates the alleged offence;
(c)
the nature, and a brief description, of the alleged offence;
(d)
the date, time and place of the alleged offence;
(e)
the infringement penalty for the alleged offence;
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 37
(f) the manner in which the infringement penalty may be paid; (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;
(h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the offences in the
Magistrates' Court;
(j) any other prescribed particulars.".
37. Review of decisions
(1) After section 98(1) of the Principal Act insert—
"(1A) A Council conducting a domestic animal
4 or a Council applying for registration of
premises under Part 4 to conduct a domestic
animal business may apply to the Victorianbusiness on a premises registered under Part of a decision by the Minister—
(a)
to refuse to register or to renew the registration of a premises; or
(b)
to refuse to transfer registration to a new premises; or
(c)
to suspend the registration of a premises; or
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| s. 38 | Act No. 87/2000 |
(d)
to impose terms, conditions, limitations or restrictions on the registration of a premises; or
(e)
to revoke the registration of a premises.".
(2) For section 98(2)(a) of the Principal Act
substitute—
"(a) to declare the dog to be dangerous under
section 34; or
(aa) to declare the dog to be a menacing dog; or".
38. Section 102 substituted
For section 102 of the Principal Act substitute—
'102. Saving provisions
(1) The Victorian Canine Association and any
purposes of the Schedule before the
commencement of section 39 of theorganisation approved by the Council for the (Amendment) Act 2000 is deemed to be an applicable organisation for the purposes of the Schedule.
(2) The Feline Control Council, the Governing
Council of the Cat Fancy Australia and Council Incorporated and any breed society approved by the Council before the commencement of section 39 of the Domestic (Feral and Nuisance) Animals (Amendment) Act 2000 is deemed to be an applicable organisation for the purposes of the Schedule. (3) The bodies referred to in the definition of "applicable organisation" before the
Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
Act No. 87/2000 s. 39
(4) Any organisation approved by the Council commencement of section 4(a) of the (Amendment) Act 2000 are deemed to be applicable organisations for the purposes of the Act.
"domestic animal business" before the
commencement of section 4(b) of thefor the purposes of the definition of (Amendment) Act 2000 is deemed to be an applicable organisation for the purposes of the definition of "domestic animal business" and section 20.'.
39. Amendments to Schedule
(1) In the Schedule to the Principal Act under the
heading "DOGS", in Column 2 for the expression commencing "Dogs registered with the Victorian Canine Association" and ending with "the
Council." substitute "Dogs registered with an applicable organisation, if their owners are members of the applicable organisation with which the dogs are registered.".
(2) In the Schedule to the Principal Act under the
expression commencing "Cats registered with the
heading "CATS", in Column 2 after the Council." substitute "Cats registered with an applicable organisation, if their owners are members of the applicable organisation with which the cats are registered.".
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Domestic (Feral and Nuisance) Animals (Amendment) Act 2000
| Endnotes | Act No. 87/2000 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 26 October 2000
Legislative Council: 21 November 2000
The long title for the Bill for this Act was "to improve the administration
and effectiveness of the Domestic (Feral and Nuisance) Animals Act
1994 and for other purposes."
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