Importation of Dogs and Cats Amendment Ordinance 2005 (No. 1) (CI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2005L02241 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

 

 

Issued by the Authority of the Minister for Local Government, Territories and Roads

 

Subject- Christmas Island Act 1958

 Importation of Dogs and Cats Amendment Ordinance 2005 (No.1).

 

Subsection 9(1) of the Christmas Island Act 1958 (‘the Act’) provides that the
Governor-General may make Ordinances for the peace, order and good government of Christmas Island (‘the Territory’). 

 

The purpose of the Ordinance is to amend the Importation of Dogs and Cats Ordinance 1973 (‘the Principal Ordinance’) to prohibit the importation into the Territory of cats and to restrict the importation of dogs to those dogs which are assistance animals.  The Ordinance has principally arisen out of concerns about the environmental, social and cultural effects of cats and dogs in the Territory together with associated animal health and welfare issues.

 

In addition, there are difficulties with the current operation of the Principal Ordinance which must be remedied.  For example, under the Principal Ordinance cats and dogs can only be imported into the Territory by sea (no air travel is permitted) on a vessel which trades exclusively between:

  • the Territory and Australia or New Zealand; or
  • the Territory and Australia and New Zealand.

There is no such general shipping service currently in existence.

 

In October 2002 the Christmas Island community was consulted about the importation of cats and dogs through a bulletin which invited community views.  Representations to the Administrator of the Territory indicated community support for the measures set out in the proposed Ordinance.  In addition, the Christmas Island Community Consultative Committee and the Shire of Christmas Island support a prohibition on cats being imported and a restriction on the importation of dogs to those dogs which are assistance animals. 

 

Details of the Ordinance are set out in the Attachment.

 

The Act specifies no conditions that need to be met before the power to make the Ordinance may be exercised.

 

The Ordinance commences on the day after it is registered on the Federal Register of Legislative Instruments.  

 

The Ordinance is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

 

 


ATTACHMENT

 

Details of the proposed Importation of Dogs and Cats Amendment Ordinance 2005 (No. 1)

 

Section 1 - Name of Ordinance

 

This section provides that the title of the Ordinance is the Importation of Dogs and Cats Amendment Ordinance 2005 (No. 1).

 

Section 2 - Commencement

 

This section provides for the Ordinance to commence on the day after it is registered on the Federal Register of Legislative Instruments.

 

Section 3 - Amendments

 

This section provides that the Importation of Dogs and Cats Ordinance 1973 (‘the Principal Ordinance’) is amended as set out in the Schedule.

 

Schedule 1 - Amendments

 

Item [1] - Section 2, before definition of disease

 

This item would insert a definition of assistance animal into section 2 of the Principal Ordinance.  Assistance animal would be defined to mean a guide dog or a dog trained to assist a person with a hearing disability.

 

Item [2] - Section 2, definition of disease

 

This item would omit the definition of disease as it is no longer required.

 

Item [3] - Section 2, definition of government veterinary surgeon

 

This item would omit the definition of government veterinary surgeon as it is no longer required.

 

Item [4] – Sections 3, 4, 5 and 6

 

This item would substitute a new section 3 into the Principal Ordinance and omit sections 4, 5 and 6.  Existing sections 3, 4, 5 and 6 provide for the current restrictions on the importation of dogs and cats into the Territory.  These sections are to be replaced by a new section 3 which will prohibit the importation of cats and restrict the importation of dogs to those dogs which are assistance animals.  Proposed new subsection 3(2) gives the Administrator of the Territory a discretion to approve the importation of a dog if it is an assistance animal.  If a person wishes to import a dog which is an assistance animal then that person can apply in writing to the Administrator under proposed subsection 3(3).


Item [5] – Section 7

 

This item would substitute a new section 7 into the Principal Ordinance, so as to restate existing section 7 in contemporary language and increase the maximum penalty to 20 penalty units from twenty dollars currently.

 

Item [6] – Subsection 10(5)

 

This item would substitute a new subsection 10(5) into the Principal Ordinance, so as to restate existing subsection 10(5) in contemporary language and increase the maximum penalty to 20 penalty units from twenty dollars currently.

 

Item [7] – Schedule 1

 

This item would omit Schedule 1 to the Principal Ordinance which specifies the kinds of dogs which cannot be imported unless the permission of the Administrator is granted.  This schedule will no longer be required because only dogs which are an assistance animal will be able to be imported into the Territory under the proposed Ordinance.

 

 

 

Overview

The Importation of Dogs and Cats Amendment Ordinance 2005 (No. 1) was introduced by the Australian Government to address the environmental, social, and cultural impacts of cats and dogs on Christmas Island, as well as associated animal health and welfare issues. This amendment to the Importation of Dogs and Cats Ordinance 1973 was enacted by the Governor-General under the authority granted by the Christmas Island Act 1958. The objective of this Ordinance is to prohibit the importation of cats into the Territory and restrict the importation of dogs to only those which are assistance animals, addressing difficulties with the current importation processes and aligning with community support for such measures. The Ordinance was developed following consultations with the Christmas Island community and supported by both the Christmas Island Community Consultative Committee and the Shire of Christmas Island.

Scope and Application

The Importation of Dogs and Cats Amendment Ordinance 2005 (No. 1) is an amendment to the Importation of Dogs and Cats Ordinance 1973, applying to the Territory of Christmas Island. This legislation is enacted under the authority of the Christmas Island Act 1958, which empowers the Governor-General to make ordinances for the peace, order, and good government of the Territory. The amendment responds to environmental, social, cultural, and animal health and welfare concerns regarding the importation of cats and dogs into Christmas Island. It aims to prohibit the importation of cats entirely and restrict the importation of dogs to those classified as assistance animals, specifically guide dogs or dogs trained to assist persons with hearing disabilities. The Ordinance also addresses operational difficulties with the Principal Ordinance, such as the lack of a shipping service that meets the current import requirements. The application of this Ordinance is geographically limited to Christmas Island, and it does not specify any exclusions or thresholds, focusing instead on strict limitations and conditions for dog importation. The Administrator of the Territory has discretionary power to approve the importation of assistance dogs, providing a formal application process is followed. The Ordinance will commence on the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The Importation of Dogs and Cats Amendment Ordinance 2005 (No. 1) amends the Importation of Dogs and Cats Ordinance 1973 (Cth) to significantly alter the importation rules for cats and dogs into Christmas Island. The primary changes, as per the Schedule, involve prohibiting the importation of cats into the Territory and restricting the importation of dogs to only those that qualify as assistance animals, which are defined as guide dogs or dogs trained to assist a person with a hearing disability (section 2). These amendments aim to address environmental, social, cultural, and animal health concerns. The existing sections 3, 4, 5, and 6 of the Principal Ordinance, which detailed previous importation restrictions, are replaced by the new section 3, while sections 4, 5, and 6 are omitted entirely (Schedule, Item [4]). Entities and individuals affected by this Ordinance must adhere to the new rules outlined in the amended Principal Ordinance. They are prohibited from importing cats into Christmas Island unless they qualify as an assistance animal for dogs. Anyone wishing to import a dog into the Territory must apply in writing to the Administrator of the Territory for approval (section 3(2) and (3)). Additionally, the changes include updating the language of certain sections and increasing the maximum penalty for breaches from twenty dollars to 20 penalty units (Schedule, Items [5] and [6]). The Schedule to the Principal Ordinance, which previously listed specific dog breeds that required permission for importation, is omitted as only assistance animals will now be permitted (Schedule, Item [7]). Breaches of the amended Importation of Dogs and Cats Ordinance 1973 may result in civil penalties. The maximum penalty for non-compliance is now 20 penalty units, an increase from the previous twenty dollars (Schedule, Items [5] and [6]). It is important for parties subject to the Ordinance to ensure they comply with the new restrictions to avoid incurring these penalties. Additionally, any importation of cats or non-assistance dogs into Christmas Island without the appropriate approval would be in direct contravention of the new legal framework established by the Amendment Ordinance.

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Environmental Law
Animal Law
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.