Importation of Dogs and Cats Ordinance 1973 (CI)

Territory of Christmas Island

Importation of Dogs and Cats Ordinance 1973

No. 5, 1973 as amended

made under the

Christmas Island Act 1958

Compilation start date:   18 October 2014

Includes amendments up to: Christmas Island Legislation Amendment (2014 Measures No. 1) Ordinance 2014

About this compilation

This compilation

This is a compilation of the Importation of Dogs and Cats Ordinance 1973 as in force on 18 October 2014. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 21 October 2014.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

Contents

1 Name of Ordinance

2 Definitions

3 Importation of dogs and cats generally prohibited

7 Prohibited animals and prohibited goods not to be transported

8 Seizure of prohibited animals and prohibited goods

9 Power of Magistrate’s Court

10 Access to premises

11 Ordinance does not derogate from any other law

Schedule 2—Search warrant

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]

1  Name of Ordinance

  This Ordinance is the Importation of Dogs and Cats Ordinance 1973.

2  Definitions

  In this Ordinance, unless the contrary intention appears:

assistance animal means a dog or other animal:

 (a) accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or

 (b) accredited by an animal training organisation prescribed for paragraph 9(2)(b) of the Disability Discrimination Act 1992; or

 (c) trained:

 (i) to assist a person with a disability to alleviate the effect of the disability; and

 (ii) to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.

prohibited animal means an animal the importation of which is prohibited under this Ordinance.

prohibited goods means any foodstuffs, bedding, clothing, utensils, appliances or other goods used in the Territory, or on any vessel, in connexion with an animal the importation into the Territory of which is prohibited under section 3.

3  Importation of dogs and cats generally prohibited

 (1) Subject to subsection (2), the importation of a dog or cat to Christmas Island is prohibited.

 (2) The Administrator may approve the importation of a dog if it is an assistance animal.

 (3) A person may apply in writing to the Administrator for approval to import an assistance animal.

7  Prohibited animals and prohibited goods not to be transported

  A person is guilty of an offence if:

 (a) the person engages in conduct; and

 (b) the conduct causes a prohibited animal or prohibited goods:

 (i) to be imported into the Territory; or

 (ii) to be in his or her possession or to be kept on his or her premises.

Maximum Penalty: 20 penalty units.

8  Seizure of prohibited animals and prohibited goods

 (1) A police officer may, where he has reason to believe that an animal is a prohibited animal or that goods are prohibited goods, seize the animal or the goods.

 (2) Where a police officer seizes an animal or goods pursuant to subsection (1), he shall:

 (a) give notice in writing forthwith to the importer of the seizure; and

 (b) lodge a copy of the notice with the Chief Clerk of the Magistrate’s Court.

 (3) The notice referred to in subsection (2) shall specify the reasons for the belief by the police officer that the animal is a prohibited animal or that the goods are prohibited goods and shall require the importer to show cause before the Magistrate’s Court within a specified period, being a period of not less that 7 days after the seizure of the animal or the goods, why the Court should not:

 (a) declare that the animal is a prohibited animal or that the goods are prohibited goods;

 (b) order that the animal or the goods declared to be a prohibited animal or prohibited goods are forfeited; and

 (c) direct that the forfeited animal or the forfeited goods shall be destroyed or otherwise dealt with as the Court determines.

 (4) Where an importer does not, within the time specified in the notice referred to in subsection (2), show cause before the Magistrate’s Court why an animal or goods should not be dealt with by the Court as provided by paragraphs (3)(a), (b) and (c), the police officer who seized the animal or the goods shall be entitled to apply to the Court to have the animal or the goods dealt with in accordance with paragraphs (3)(a), (b) and (c).

9  Power of Magistrate’s Court

  For the purposes of section 8, the Magistrate’s Court shall have jurisdiction to:

 (a) declare that an animal is a prohibited animal or that goods are prohibited goods pursuant to this Ordinance;

 (b) order that a prohibited animal or prohibited goods shall be forfeited; and

 (c) direct that a forfeited animal or forfeited goods shall be destroyed or otherwise dealt with as the Court determines.

10  Access to premises

 (1) A police officer may, with the consent of the occupier of any premises, enter the premises for the purpose of searching for prohibited animals and prohibited goods.

 (2) Where a police officer has reason to believe that there is on any premises a prohibited animal or that there are on any premises any prohibited goods, the police officer may make application to a Magistrate for a warrant authorizing the police officer to enter the premises for the purpose of searching for prohibited animals and prohibited goods.

 (3) If, on an application under subsection (2), the Magistrate is satisfied, by information on oath:

 (a) that there is reasonable ground for believing that there is on the premises to which the application relates any prohibited animal or there are on those premises any prohibited goods; and

 (b) that the issue of a warrant is reasonably required for the purposes of this Ordinance,

the Magistrate may grant a warrant substantially in accordance with the form set out in Schedule 2 authorizing the police officer, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of searching for prohibited animals and prohibited goods.

 (4) Where a police officer has entered any premises in pursuance of a warrant granted under subsection (3), he may search those premises for prohibited animals and prohibited goods.

 (5) A person is guilty of an offence if:

 (a) the person engages in conduct; and

 (b) the conduct causes a police officer to be hindered or obstructed; and

 (i) the police officer has entered premises after being given consent to do so under subsection (1); or

 (ii) the police officer has entered premises under the authority of a warrant granted under subsection (3).

Maximum Penalty: 20 penalty units.

 (6) In this section, occupier, in relation to premises, includes the person in charge of the premises.

11  Ordinance does not derogate from any other law

  The provisions of this Ordinance are in addition to, and do not derogate from the operation of, any other law in force in the Territory.

Schedule 2—Search warrant

(section 10)

To the Commissioner of Police of the Territory of Christmas Island, and to all other Police Officers of the Territory.

WHEREAS an information on oath has this day been laid before me, a magistrate of the Territory, that certain prohibited animals and prohibited goods are supposed to be

[on or at]                                             Now I do hereby authorize

empower and direct you                                    to enter the premises, vehicle or vessel of                                            
at                                          by day [or by night] using all necessary force

and with such assistance as you think necessary for the purpose of searching for prohibited animals and prohibited goods under the Importation of Dogs and Cats Ordinance 1973.

 Dated this day of 19      .

Magistrate

Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]