Overview

The Norfolk Island Animals (Importation of Certain Dog Breeds) Regulations 2004 were enacted under the authority of the Administrator of Norfolk Island, Grant Tambling, in accordance with the advice of the Executive Council of Norfolk Island. These regulations were formulated to amend the existing Animals (Importation) Act 1984 by restricting the importation of certain dog breeds to Norfolk Island, while allowing the importation of others under specific conditions. The objective is to manage the types of dogs that can be brought into Norfolk Island to ensure the safety and welfare of both the animals and the community, while also preventing the introduction of breeds that could pose a risk. This legislative action aims to strike a balance between allowing responsible pet ownership and safeguarding public interest on the island.

Scope and Application

The Animals (Importation of Certain Dog Breeds) Regulations 2004 applies to the importation of dog breeds into Norfolk Island and is made under the authority of the Animals (Importation) Act 1984. Specifically, the regulations govern the importation of certain breeds of dogs into Norfolk Island, with a particular focus on prohibiting the importation of certain breeds such as American Pit Bull Terriers, Japanese Tosas, Dogo Argentinos, and Brazilian Filas, as well as any crossbreeds of these breeds. However, the Administrator may grant permits for the importation of other specified breeds, including Rottweilers, German Shepherds, Bull Mastiffs, Rhodesian Ridgebacks, Dobermans, and Queensland Cattle Dogs, subject to strict conditions being met. These conditions include the dog being at least six months old, spayed or castrated, having been owned by the applicant since at least three months of age, and having undergone obedience training and temperament testing. The Administrator may also take into account various factors in deciding whether to grant a permit, such as the importer's legitimate requirements, the proposed place of residence for the dog, and the views of a local veterinarian. The regulations apply to Norfolk Island and are enforced by the Administrator, who has the authority to grant or refuse permits for the importation of dogs into the island.

Key Provisions

The Animals (Importation of Certain Dog Breeds) Regulations 2004 (referred to as the Regulations) govern the importation of specific dog breeds into Norfolk Island. Section 2(a) of the Regulations states that the Administrator must not grant a permit for the importation of American Pit Bull (Terrier), Japanese Tosas, Dogo Argentino, Brazilian Fila, or any crossbreed of these breeds. Conversely, Section 2(b) allows for the importation of Rottweilers, German Shepherds (Alsatian), Bull Mastiffs/Terriers, Rhodesian Ridgebacks, Dobermans, Queensland Cattle Dogs/Australian Cattle Dogs/Blue or Red Heelers, and any crossbreed of these breeds, provided that certain conditions are met. The importer must ensure that the dog is at least six months old, has been spayed or castrated, has been owned by the importer since it was at least three months old, and has undergone obedience training and/or temperament testing under the auspices of the RSPCA, or a similar body, or the Australian National Kennel Council or a similar body. Under Section 2(c), the Administrator must be satisfied that the dog meets the aforementioned conditions. This satisfaction can be informed by various factors, including the legitimate requirements of the importer, the importer’s place of residence, the location where the dog will be kept, any other breeds of dog already owned by the importer, the views of a veterinarian practising on Norfolk Island, and any other documentation deemed necessary by the Administrator. These factors are outlined in Section 2(d) of the Regulations. The Regulations impose several obligations on those seeking to import dogs into Norfolk Island. Importers must ensure that the dog in question is of an approved breed and meets the age, neutering, ownership, and training requirements set out in the Regulations. Importers must also provide the Administrator with sufficient documentation to satisfy the conditions of the permit application. Failure to comply with these obligations may result in the Administrator denying the permit application. Furthermore, any false or misleading information provided in the permit application may also result in the application being denied. Breach of the Regulations may result in civil or criminal consequences. While the specific penalties are not outlined in the Regulations, Section 13 of the Animals (Importation) Act 1984, under which the Regulations are made, provides for penalties for breach of the Act. Under this section, a person who contravenes the Act may be liable for a fine of up to $5,000. Additionally, under Section 14 of the Act, a person who is convicted of an offence under the Act may also be liable for a fine of up to $10,000. It is important to note that these penalties may be in addition to any other penalties or consequences that may be imposed under other relevant legislation.