2006
2006
2007-01-02
act
government
publicspecial
act.reprint
allinforce
2006-10-24
2006-10-24
0
2007-01-02
act-2006-101
2006
none
act-2006-101
6221c714-dcb4-4ac7-ac61-fbf4953b2f91
f8de0e10-5e1a-475b-af41-a87ba8b11c55
Note—
The Act was repealed by sec 5 (1) of this Act
with effect from 2.1.2007.
An Act to amend the Companion Animals Act 1998 to make
further provision with respect to the control of dangerous dogs and the duties
and responsibilities of their owners; and for other
purposes.
1Name of
Act
This Act is the Companion Animals
Amendment Act 2006.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Companion Animals Act 1998 No
87
The Companion Animals
Act 1998 is amended as set out in Schedule
1.
4Amendment of other
legislation
Each regulation specified in Schedule 2 is
amended as set out in that Schedule.
5Repeal of
Act
(1)
This Act is repealed on the day following the day
on which all of the provisions of this Act have
commenced.
(2)
The repeal of this Act does not, because of the
operation of section 30 of the Interpretation
Act 1987, affect any amendment made by this
Act.
Schedule 1Amendment of Companion Animals Act
1998
(Section 3)
[1]Section 3 Application of Act
to working dogs
Omit the section.
[2]Section 5
Definitions
Insert “, but does not include a working
dog” after “of the Commonwealth” in the definition of
assistance animal in section 5
(1).
[3]Section 5 (1), definition of
“dangerous dog”
Omit “a council”. Insert instead
“an authorised officer of a council”.
[4]Section 5
(1)
Insert in alphabetical order:
working
dog means a dog used primarily for the purpose of droving,
tending, working or protecting stock, and includes a dog being trained as a
working dog.
[5]Section 6A General duties of
councils
Omit “by the council under Division
6” from section 6A (1) (b).
Insert instead “under Division 1 or
6”.
[6]Section 6A,
note
Insert at the end of the section:
Note—
Councils also have functions in relation to
companion animals under other legislation. For example, the number of dogs or
cats that are able to be kept on premises can be restricted by a council by
giving an order to the occupier in terms of order No 18 in the Table to
section 124 of the Local Government Act
1993.
[7]Section
6B
Insert after section 6A:
6BDuty to provide certain
information to councils
(1)
If an official person has any information
about:
(a)
a dog that the person reasonably believes is a
threat to the public, or
(b)
an incident involving a dog attacking or biting,
without provocation, a person or animal,
it is the duty of the official person to provide that
information to the relevant council (or councils) as soon as it is reasonably
practicable.
Note—
The relevant council would usually be the council
of the area in which the dog is ordinarily kept. However, the relevant council
may also be the council of the area in which the incident concerned took
place.
(2)
An official person does not incur any criminal or
civil liability (including liability for breaching any duty of
confidentiality) for providing any such information to a council if the
information is provided in good faith.
(3)
In this section, official
person means:
(a)
a police officer, or
(b)
an officer of the Royal Society for the
Prevention of Cruelty to Animals, New South Wales, or of the Animal Welfare
League NSW, as referred to in paragraph (b) of the definition of officer in section 4 (1) of the
Prevention of Cruelty to Animals Act
1979.
[8]Section 12 Dog to wear collar
and tag
Insert “or to a working dog” after
“the occupier” in section 12 (4).
[9]Section
12A
Insert after section 12:
12APreventing dog from
escaping
(1)
The owner of a dog must take all reasonable
precautions to prevent the dog from escaping from the property on which it is
being kept.
Maximum penalty:
(a)
8 penalty units except in the case of a dangerous
or restricted dog, or
(b)
50 penalty units in the case of a dangerous or
restricted dog.
(2)
For the purposes of subsection (1), owner of a dog includes the person
who is for the time being in charge of the dog.
[10]Section 13 Responsibilities
while dog in public place
Omit the penalty to section 13 (2). Insert
instead:
Maximum penalty:
(a)
10 penalty units except in the case of a
dangerous or restricted dog, or
(b)
100 penalty units in the case of a dangerous or
restricted dog.
[11]Section 14 Dogs prohibited in
some public places
Omit the penalty to section 14 (2). Insert
instead:
Maximum penalty:
(a)
10 penalty units except in the case of a
dangerous or restricted dog, or
(b)
100 penalty units in the case of a dangerous or
restricted dog.
[12]Section 23 Disqualification
from owning or being in charge of dog
Omit “50 penalty units” from section
23 (6). Insert instead “100 penalty units”.
[13]Section 25 Liability for
injury to person or damage to personal property
Insert “or restricted dog” after
“dangerous dog” in section 25 (2) (a).
[14]Part 5, Division 1,
heading
Omit “of
councils”.
[15]Section
33
Omit the section. Insert instead:
33Meaning of
“dangerous”
(1)
For the purposes of this Division, a dog is
dangerous if it:
(a)
has, without provocation, attacked or killed a
person or animal (other than vermin), or
(b)
has, without provocation, repeatedly threatened
to attack or repeatedly chased a person or animal (other than vermin),
or
(c)
has displayed unreasonable aggression towards a
person or animal (other than vermin), or
(d)
is kept or used for the purposes of
hunting.
(2)
A dog is not, for the purposes of subsection (1)
(d), to be regarded as being kept or used for the purposes of hunting if it is
used only to locate, flush, point or retrieve birds or vermin. Vermin for the purposes of this
subsection includes small pest animals only (such as
rodents).
Note—
If a hunting dog is declared to be a dangerous
dog, the declaration does not necessarily mean that the dog cannot be used for
the purposes of lawful hunting—see section 51 (3).
[16]Sections 34 (1), 35 (1), 38
(1), 58C (2) and (5) and 58D (1)
Omit “A council” wherever
occurring.
Insert instead “An authorised officer of a
council”.
[17]Sections 34 (2), 35 (1) and
58A (1)
Omit “the council’s” wherever
occurring. Insert instead “the
officer’s”.
[18]Section 34 Authorised officer
may declare dog to be dangerous
Insert “whose authorised officer made the
declaration” after “the council” in section 34
(3).
[19]Sections 35 (2) (b), 37 (2)
and (3), 58A (1), 58B (3) (b) and 58C (2)
Omit “the council” wherever
occurring. Insert instead “the authorised
officer”.
[20]Section
36
Omit the section. Insert instead:
36Obligations of owner when
notified of proposed dangerous dog declaration
(1)
If a notice is given under section 35 to the
owner of a dog of an authorised officer’s intention to declare the dog
to be dangerous, the owner must:
(a)
ensure that at all times when the dog is away
from the property where it is ordinarily kept:
(i)
it is under the effective control of some
competent person by means of an adequate chain, cord or leash,
and
(ii)
it has a muzzle securely fixed on its mouth in
such a manner as will prevent it from biting any person or animal,
and
(b)
register the dog (if it is not already
registered) within 7 days after receiving the notice.
Note—
Registration of a dog requires the dog to be
microchipped.
Maximum penalty: 50 penalty
units.
(2)
Subsection (1) (a) only applies in respect of a
dog:
(a)
for 28 days after the notice is given to the
dog’s owner, or
(b)
until the authorised officer notifies the owner
that the officer has made the proposed declaration or has decided not to make
it,
whichever happens first.
(3)
An authorised officer may seize a dog that is the
subject of a proposed declaration if:
(a)
the officer is satisfied that the requirements of
subsection (1) (a) have not been complied with (but may only seize the dog
during the time when subsection (1) (a) applies in respect of the dog),
or
(b)
the dog has not been registered as required by
subsection (1) (b).
(4)
If a dog is seized under subsection (3), Part 7
applies in respect of the dog, except that a claim for the dog cannot be made
under section 64 unless an authorised officer is satisfied that:
(a)
the requirements of subsection (1) (a) are
capable of being complied with, and
(b)
the dog has been
registered.
(5)
For the purposes of subsection (1) (a) (i), a dog
is not considered to be under the effective control of a person if the person
has more than 2 dogs (one of which is the dog the subject of the proposed
declaration) under his or her control at the one time.
[21]Section 37 Authorised officer
must consider dog owner’s objections
Insert after section 37 (3):
(4)
A reference in this section to the authorised
officer is a reference to any authorised officer of the council and is not
limited to the authorised officer who gave the notice.
[22]Sections 38 (1) and 58D
(1)
Omit “it” wherever occurring. Instead
instead “the authorised officer”.
[23]Section 38 Authorised officer
to notify dog owner of decision and consequences
Omit section 38 (2) (b). Insert instead:
(b)
the owner’s right under section 41 to
appeal to a Local Court against the declaration, and
(c)
the fact that the dog may, under section 58G, be
seized and destroyed if the requirements imposed on the owner under section 51
(1) (c), (c1) or (e) are not complied with on 2 separate occasions over any
period of 12 months (whether or not each occasion relates to the same
requirement).
[24]Section 39 Council can revoke
dangerous dog declaration
Omit “this Part” from section 39 (1).
Insert instead “this Division”.
[25]Sections 39 (1) and 58D (3)
(b) and (c)
Omit “that made” wherever
occurring.
Insert instead “whose authorised officer
made”.
[26]Section 39
(1A)
Insert after section 39 (1):
(1A)
An application under subsection (1) cannot be
made until after the period of 12 months following the date on which the dog
was declared to be dangerous.
[27]Section
40
Omit the section. Insert instead:
40Director-General to be
notified of making or revocation of declaration
(1)
An authorised officer of a council who makes a
declaration under this Division must give notice of the declaration to the
Director-General within 7 days.
(2)
A council that revokes a declaration under this
Division must give notice of the revocation to the Director-General within 7
days.
[28]Section 41 Appeal to Local
Court
Omit section 41 (1) and (2). Insert
instead:
(1)
The owner of a dog can appeal to a Local
Court:
(a)
against the declaration by an authorised officer
of a council that the dog is dangerous, or
(b)
against a refusal by a council to revoke a
declaration that the dog is dangerous.
(2)
An appeal can only be made within 28 days after
the date the owner of the dog:
(a)
is given notice by the authorised officer under
section 38 that the officer has made the declaration, or
(b)
is given notice by the council under section 39
that it has refused to revoke the declaration.
[29]Section 42 Determination of
appeals by Local Court
Omit “of the council”.
Insert instead “of the authorised officer
or the council (as the case requires)”.
[30]Section 44 Local Court has
power to declare dog to be dangerous
Insert “an authorised officer of”
after “against a declaration by” in section 44
(1).
[31]Section
45
Omit the section. Insert instead:
45When Local Court can declare
dog to be dangerous
(1)
A Local Court can declare a dog to be dangerous
if the Court is satisfied that the dog:
(a)
has, without provocation, attacked or killed a
person or an animal (other than vermin), or
(b)
has, without provocation, repeatedly threatened
to attack or repeatedly chased a person or an animal (other than vermin),
or
(c)
has displayed unreasonable aggression towards a
person or animal (other than vermin), or
(d)
is kept or used for the purposes of
hunting.
(2)
Section 33 (2) applies for the purposes of
subsection (1) (d).
[32]Sections 47 (2) (b) and 48 (2)
(b)
Omit “a council’s declaration that a
dog is dangerous” wherever occurring.
Insert instead “the declaration by an
authorised officer of a council that a dog is
dangerous”.
[33]Sections 49 and
50
Omit “40 penalty units” wherever
occurring.
Insert instead “100 penalty
units”.
[34]Section 51 Owner of dangerous
dog must comply with control requirements
Omit “, and any person who subsequently
becomes the owner of such a dangerous dog,” from section 51
(1).
[35]Section 51 (1)
(c)
Insert at the end of the paragraph:
Note—
A certificate of compliance in relation to the
prescribed enclosure must be obtained by the owner of the dog—see
section 58H.
[36]Section 51 (1) (g) and
(h)
Omit the paragraphs.
[37]Section 51 (1) (i)
(iv)
Omit the subparagraph.
[38]Section 51
(3)
Omit the subsection. Insert instead:
(3)Exemption from being on lead
and muzzled while hunting
In the case of a dog that has been declared
dangerous on the ground that it is kept or used for the purposes of hunting,
the requirements imposed under subsection (1) (e) do not apply while the dog
is actually engaged in lawful hunting.
[39]Sections 52A and
52B
Insert after section 52:
52AProhibition on selling
dangerous dog or proposed dangerous dog
(1)
A person who sells, or advertises the sale of, a
dangerous dog or proposed dangerous dog is guilty of an
offence.
Maximum penalty: 150 penalty
units.
Note—
The term “sell” extends to the
transfer of owner by any means, including by gift.
Abandoning an animal is also an offence—see
section 11 of the Prevention of Cruelty to Animals Act
1979.
(2)
A person does not commit an offence under this
section by reason only of surrendering a dangerous dog or proposed dangerous
dog to a council pound or an approved animal welfare
organisation.
Note—
A dangerous dog that is surrendered to a council
pound or an approved animal welfare organisation cannot be
sold.
(3)
In this section and in section 52B, proposed
dangerous dog means a dog that is the subject of a proposed
declaration under Division 1.
52BProhibition on accepting
ownership of dangerous dog or proposed dangerous dog
(1)
A person who accepts ownership of a dangerous dog
or proposed dangerous dog is guilty of an offence.
Maximum penalty: 150 penalty
units.
(2)
A person does not commit an offence under this
section:
(a)
by reason only of taking delivery of, or
detaining, a dog under Part 7 or as the consequence of a dog being surrendered
to a council pound or an approved animal welfare organisation,
or
(b)
if the person does not know, or could not
reasonably be expected to know, that the dog was a dangerous dog or proposed
dangerous dog.
[40]Sections 55 (1) (e) and (2)
(definition of “proposed restricted dog”), 56 (1) (a) and (h), 57D
(1), 58A (1) and 58D (3) and (4)
Omit “a council” wherever
occurring.
Insert instead “an authorised officer of a
council”.
[41]Section 56 Owner of restricted
dog must comply with control requirements
Insert at the end of section 56 (1) (a1):
Note—
A certificate of compliance in relation to the
prescribed enclosure must be obtained by the owner of the dog—see
section 58H.
[42]Section 57D Declared
restricted dogs may be seized and destroyed after transition
period
Omit section 57D (4) (b). Insert instead:
(b)
an authorised officer of a council may authorise
the destruction of the dog.
[43]Part 5, Division 6,
heading
Omit “by
councils”.
[44]Section 58A Notice of
intention to declare dog to be restricted dog
Omit section 58A (3).
[45]Section 58B Obligations of
owner when notified of proposed restricted dog
declaration
Omit “a council’s” from section
58B (1).
Insert instead “an authorised
officer’s”.
[46]Sections 58B (5) (b) and 58F
(1)
Omit “by the council” wherever
occurring.
[47]Section 58C Authorised officer
may declare dog to be restricted dog
Omit “the council that gave the
notice” from section 58C (1).
Insert instead “the authorised officer who
gave the notice (or any other authorised officer of the
council)”.
[48]Section 58D Authorised officer
to notify dog owner of decision and consequences
Omit section 58D (5).
[49]Section
58DA
Insert after section 58D:
58DADirector-General to be
notified of making or revocation of declaration
(1)
An authorised officer of a council who makes a
declaration under this Division must give notice of the declaration to the
Director-General within 7 days.
(2)
A council that revokes a declaration under this
Division must give notice of the revocation to the Director-General within 7
days.
[50]Part 5, Division
7
Insert after Division 6:
Division 7Other provisions relating to
dangerous and restricted dogs
58GPower to seize and destroy
dangerous or restricted dog in certain circumstances
(1)
An authorised officer may seize a dangerous dog
or restricted dog if:
(a)
the dog attacks or bites a person or animal
(other than vermin) without provocation, or
(b)
the requirements referred to in section 51 (1)
(c), (c1) or (e) or section 56 (1) (a1), (a2) or (d), as the case requires,
are not complied with in relation to the dog on at least 2 separate occasions
over any period of 12 months (whether or not each occasion relates to the same
requirement).
(2)
If a dog is seized under subsection (1):
(a)
the dog is to be delivered as soon as possible to
a council pound, and
(b)
an authorised officer of a council may authorise
the destruction of the dog.
(3)
However, if the dog has been seized on the ground
referred to in subsection (1) (b), the authorised officer may authorise the
destruction of the dog only if the officer is satisfied that it is reasonable
to do so after appropriate enquiries have been made into the circumstances
that resulted in the dog being seized.
(4)
Part 7 (other than sections 68 and 69) does not
apply in relation to a dog that is seized under subsection
(1).
(5)
This section does not limit the power of an
authorised officer to seize a dangerous or restricted dog under any other
provision of this Act.
58HCertificate of compliance
required for dangerous and restricted dog enclosures
(1)
A person must not own a dangerous dog or
restricted dog unless a certificate of compliance under this section is in
force in relation to the enclosure in which the dog is required to be kept
under section 51 (1) (c) or 56 (1) (a1) (as the case requires).
Maximum penalty: 100 penalty
units.
(2)
An authorised officer of a council may issue a
certificate of compliance in relation to the enclosure in which a dangerous or
restricted dog is required to be kept if:
(a)
the officer is satisfied that the enclosure
complies with the relevant requirements imposed under section 51 (1) (c) or 56
(1) (a1), and
(b)
the fee prescribed by the regulations (or such
fee as does not exceed the prescribed fee) in connection with issuing the
certificate is paid to the council.
(3)
A certificate of compliance in relation to a dog
enclosure may be revoked at any time by an authorised officer of a council if
the officer is satisfied that the enclosure does not comply with the relevant
requirements.
(4)
A person does not commit an offence under this
section:
(a)
in the case of a dog that is a dangerous dog or
restricted dog as at the date on which this section commences—until
after the period of 28 days following that commencement,
or
(b)
in any other case—until after section 51
(1) (c) or 56 (1) (a1) is required to be complied
with.
[51]Section 62 Seized animals must
be delivered to owner, council pound or approved
premises
Omit the note to section 62 (1). Insert
instead:
Note—
Animals may be seized under the following
provisions of this Act:
(a)
section 13,
(b)
section 14,
(c)
section 18,
(d)
section 22,
(e)
section 30,
(f)
section 32,
(g)
section 36,
(h)
section 52,
(i)
section 57,
(j)
section 58B.
Animals may also be seized under sections 57D and
58G, however this Part does not apply to animals seized under those
sections.
[52]Section 64 Unclaimed seized
animal may be sold or destroyed
Omit section 64 (3A). Insert instead:
(3A)
Despite any other provision of this section, if
an offence under this Act in relation to a seized animal is in the course of
being investigated (or proceedings in relation to any such offence have
commenced but have not been determined):
(a)
the council may detain the animal at the council
pound, and
(b)
the animal may not be
claimed,
until such time as those investigations are completed or
those proceedings are finally determined.
[53]Sections 64 (6) and 64A
(5)
Insert “dangerous or” after “to
sell a” wherever occurring.
[54]Section 69G Requirement to
state name and address
Insert after section 69G (3):
(4)
If an authorised officer suspects on reasonable
grounds that a person has committed an offence under this section, the
authorised officer may, without a warrant, arrest the
person.
(5)
An authorised officer who arrests a person under
this section must, as soon as is reasonably practicable, take the person
before an authorised officer (within the meaning of the Law
Enforcement (Powers and Responsibilities) Act 2002) to be
dealt with according to law.
[55]Section 75 Access to
Register
Insert after section 75 (7) (a1):
(a2)
the Chief Inspector of the Royal Society for
Prevention of Cruelty to Animals, New South Wales,
(a3)
the Chief Inspector of the Animal Welfare League
NSW,
[56]Section 84 Establishment of
Fund
Insert “(other than any fee or charge
payable to a council for the purposes of Part 7 or under section 58H)”
after “under this Act” in section 84 (1)
(a).
[57]Schedule 3 Savings and
transitional provisions
Insert at the end of clause 1 (1):
Companion Animals
Amendment Act 2006
[58]Schedule 3, Part
4
Insert after Part 3:
Part 4Provisions consequent on
enactment of Companion Animals Amendment Act
2006
7Council-declared dangerous or
restricted dogs
A declaration by a council in force under Part 5
immediately before the commencement of this clause is taken to be a
declaration by an authorised officer of the council under that Part (as
amended by the Companion Animals Amendment Act
2006).
Schedule 2Amendment of other
legislation
(Section 4)
2.1Companion Animals Regulation
1999
[1]Clause 5A Categories of
identified companion animals
Omit the note to clause 5A
(3).
[2]Clause 18 Registration
fee
Omit clause 18 (2). Insert instead:
(2)
There is an exemption from payment of a
registration fee for the registration of the following:
(a)
any animal the Director-General is satisfied is
in the service of an instrumentality of the State,
(b)
a working dog.
Note—
A working dog is defined in the Act as a dog used
primarily for the purpose of droving, tending, working or protecting stock (or
a dog being trained as a working dog). If the dog is declared to be a
dangerous dog, it cannot be a working dog while the declaration is in
force.
[3]Clause
28A
Insert after clause 28:
28AMaximum fee for issuing
certificate of compliance in relation to prescribed
enclosure
For the purposes of section 58H (2) (b) of the
Act, the fee of $100 is prescribed.
[4]Clause 30 Distinctive collars
for dangerous and restricted dogs
Insert at the end of the clause:
(2)
A dog must not wear any such collar unless the
dog is a dangerous dog or a restricted dog.
(3)
If subclause (2) is contravened:
(a)
the owner of the dog, or
(b)
if the owner is not present at the time of the
offence and another person who is of or above the age of 16 years is in charge
of the dog at that time—that other person,
is guilty of an offence.
Maximum penalty: 8 penalty
units.
(4)
A person does not commit an offence under this
clause if the person does not know, or could not reasonably be expected to
know, that the collar is of the kind prescribed for the purposes of section 51
(1) (d1) or 56 (1) (c1) of the Act.
[5]Schedule 1 Penalty notice
offences
Insert in appropriate order under the heading
“Offence under the Act”:
Section 12A
(1)
$220
Section 52A
(1)
$1,320
Section 52B
(1)
$1,320
[6]Schedule
1
Omit the matter relating to sections 13 (2) and
14 (2). Insert instead:
Section 13
(2)
$1,760 (in
the case of a dangerous or restricted dog) or $220 (in any other
case)
Section 14
(2)
$1,760 (in
the case of a dangerous or restricted dog) or $330 (in any other
case)
[7]Schedule
1
Insert in appropriate order under the heading
“Offence under this Regulation”:
2.2Local Government (General) Regulation
2005
Clause 217 Additional
information for inclusion in annual report
Insert after clause 217 (1) (e):
(f)
a detailed statement, prepared in accordance with
such guidelines as may be issued by the Director-General from time to time, of
the council’s activities during the year in relation to enforcing, and
ensuring compliance with, the provisions of the Companion Animals Act 1998 and the
regulations under that Act.
Historical
notes
Table of amending
instruments
Companion Animals
Amendment Act 2006 No 101. Second reading speech made:
Legislative Assembly, 24.10.2006; Legislative Council, 15.11.2006. Assented to
27.11.2006. Date of commencement, 1.1.2007, sec 2 and GG No 183 of 15.12.2006,
p 10748.