2018
2018
2019-07-01
act
government
publicspecial
act.reprint
act-1987-015
allinforce
2018-05-23
2018-06-06
0
2019-07-02
act-1987-015
2018
none
act-2018-027
7cab8a42-6e5e-4bea-abce-9dd39a7c7ad8
51d016e4-061d-4039-8c2a-4c62c1057aa1
Repeal:
This Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 2.7.2019.
An Act to amend the Companion Animals Act 1998 and other
legislation to make further provision about the welfare of animals and the
duties and responsibilities of their owners, including by giving effect to
some of the recommendations of the Inquiry into Companion Animal Breeding
Practices in New South Wales.
1Name of
Act
This Act is the Companion Animals
and Other Legislation Amendment Act
2018.
2Commencement
This Act commences on a day or days to be
appointed by proclamation.
3Amendment of Greyhound Racing Act 2017 No
13
The Greyhound Racing
Act 2017 is amended by omitting Schedule 7.3
[5].
Schedule 1Amendment of Companion Animals Act 1998 No
87
[1]–[5]
[6]Part 2A
Insert after Part 2:
Part 2AAnnual permits for certain
companion animals
Division 1Requirement for
permit
11BAnnual permit required for
cats that are not desexed
(1)
A permit is required to own a cat that is 4
months old or older, unless the cat is desexed.
(2)
The owner of a cat that is not desexed and for
which a permit is required is guilty of an offence if a permit is not in force
in relation to the cat.
Maximum penalty: 50 penalty
units.
(3)
The following grace periods apply to an offence
against this section:
(a)
the period of 2 months after a cat reaches 4
months of age,
(b)
the period of 2 months (or any other period
prescribed by the regulations) after a person acquires ownership of a
cat.
(4)
A person cannot be proceeded against, and a
section 11E notice cannot be issued, for an offence committed in relation to a
cat during a grace period for an offence against this section if the person
duly applies for a permit for the cat by the end of the grace
period.
11CAnnual permit required for
dangerous dogs
(1)
A permit is required to own a dangerous dog. The
permit is required on and from the date that is 7 days after the declaration
that the dog is a dangerous dog takes effect.
(2)
The owner of a dangerous dog is guilty of an
offence if a permit is not in force in relation to the dog on or after the
date from which it is required under this section.
Maximum penalty: 60 penalty
units.
(3)
This section applies to a dog whether or not the
dog is also a restricted dog and, accordingly, another permit will be required
by section 11D if that section applies.
11DAnnual permit required for
restricted dogs
(1)
A permit is required to own a restricted dog. The
permit is required on and from the following date:
(a)
if the dog is an American pit bull terrier, pit
bull terrier, Japanese tosa, dogo Argentino or fila Brasileiro, Perro de Presa
Canario or Presa Canario—the date that the animal is 6 months
old,
(b)
if the dog is of a breed, kind or description
whose importation into Australia is prohibited by or under the Customs Act
1901 of the Commonwealth—21 days after the
importation of the breed, kind or description of the dog was first
prohibited,
(c)
if the dog is declared to be a restricted dog by
an authorised officer of a council under Division 6 of Part 5—21 days
after the declaration takes effect,
(d)
if the dog is of a breed, kind or description
prescribed by the regulations for the purposes of section 55—21 days
after the day that the breed, kind or description was first
prescribed.
(2)
The owner of a restricted dog is guilty of an
offence if a permit is not in force in relation to the dog on or after the
date from which it is required under this section.
Maximum penalty: 60 penalty
units.
(3)
This section applies to a dog whether or not the
dog is also a dangerous dog and, therefore, another permit will be required by
section 11C if that section applies.
11ENotice requiring permit for
companion animal
(1)
If this Division requires a permit to own a
companion animal, the council of the area in which the animal is ordinarily
kept may give the owner of the animal a notice, in the approved form,
requiring the owner to apply for a permit in relation to the animal within 14
days after the date the notice is given.
(2)
The owner of the companion animal must comply
with the notice.
Maximum penalty:
(a)
in the case of a cat—50 penalty units,
or
(b)
in the case of a dangerous dog or restricted
dog—60 penalty units.
(3)
A notice under this section may be given on more
than one occasion to the owner of a companion animal (but only after an
interval of at least 3 months since the last such notice was
given).
11FExemptions for animals in
custody of rehoming organisations
(1)
This Division does not apply to a companion
animal that is in the custody of any of the following:
(a)
a council, or an operator of a council pound that
is not a council,
(b)
the Animal Welfare League
NSW,
(c)
The Cat Protection Society of NSW
Inc,
(d)
the Royal Society for the Prevention of Cruelty
to Animals; New South Wales.
(2)
This Division does not apply to a companion
animal that is in the custody of any other organisation that is, for the time
being, designated as a rehoming organisation by the Departmental Chief
Executive under section 88B, if the animal has not been in the custody of that
organisation or any other rehoming organisation for more than 12
months.
11GFurther
exemptions
This Division does not apply to any of the
following companion animals:
(a)
a dog that is ordinarily used by a police officer
on official duty,
(b)
a dog that is ordinarily used on official duty by
a correctional officer (within the meaning of the Crimes
(Administration of Sentences) Act
1999),
(c)
a dog used by a Commonwealth officer on official
duty,
(d)
a companion animal in the custody of an
accredited research establishment within the meaning of the Animal Research Act 1985, or the holder
of an animal research authority or an animal supplier’s licence within
the meaning of that Act, for purposes in connection with animal research, as
authorised under that Act,
(e)
a companion animal kept at a licensed animal
display establishment within the meaning of the Exhibited Animals Protection Act 1986
and lawfully exhibited in accordance with that Act,
(f)
a companion animal prescribed by, or of a class
prescribed by, the regulations.
11HContinuing
offences
A person who commits an offence under section
11B, 11C or 11D commits another, separate, offence under that section each
calendar month that the contravention of that section
continues.
Note—
This section does not limit the number of times a
person may be prosecuted under section 11E (Notice requiring permit for
companion animal).
Division 2Permit
scheme
11IApplication for
permit
(1)
An application for a permit must be made to the
Departmental Chief Executive in accordance with the
regulations.
(2)
The application fee prescribed by the regulations
must be paid when the application is made or within any other period that is
approved by the Departmental Chief Executive.
(3)
The application must include or be accompanied by
any information and particulars that are prescribed by the
regulations.
(4)
On receiving an application for a permit, the
Departmental Chief Executive may carry out any investigations and inquiries
that the Departmental Chief Executive considers necessary to enable the
Departmental Chief Executive to consider the application
properly.
(5)
Section 12 of the Criminal Records
Act 1991 does not apply in relation to an application for
a permit.
(6)
A person does not commit an offence against
Division 1 in respect of the ownership of a companion animal during any period
in which an application for a permit duly made by the person is pending before
the Departmental Chief Executive for determination.
11JIssuing of
permit
(1)
The Departmental Chief Executive may, after
considering an application for a permit:
(a)
issue a permit to the applicant,
or
(b)
refuse to issue a permit to the
applicant.
(2)
The regulations may prescribe mandatory or
discretionary grounds for refusing to issue a permit.
11KConditions of
permit
(1)
A permit is subject to the following
conditions:
(a)
any condition prescribed by the
regulations,
(b)
any conditions imposed on the permit by the
Departmental Chief Executive, whether at the time the permit is issued or at
any later time.
(2)
The Departmental Chief Executive may, at any
time, by notice in writing served on the holder of the permit:
(a)
revoke or vary any condition imposed on the
permit (other than a condition prescribed by the regulations),
or
(b)
impose new conditions on the
permit.
(3)
The Departmental Chief Executive may impose,
revoke or vary conditions on a permit for any reason, and in circumstances,
that the Departmental Chief Executive considers appropriate or
necessary.
(4)
The holder of a permit must comply with any
condition to which the permit is subject.
Maximum penalty: 20 penalty
units.
11LTerm of
permit
A permit for a cat, dangerous dog or restricted
dog continues in force for a period of 12 months from the date on which it was
issued, or from another date specified in the permit, unless it is sooner
surrendered or revoked or otherwise ceases to be in
force.
11MSale of animal subject to
permit
(1)
If a companion animal that is the subject of a
permit is sold, the permit continues to apply to the companion animal for the
remainder of the term of the permit unless it is sooner surrendered or revoked
or otherwise ceases to be in force.
(2)
For the purposes of this Part, the person to whom
the companion animal is sold is taken to be the holder of the permit, which is
taken to be subject to the same conditions as those to which the permit was
subject immediately before the sale of the animal.
Division 3General
11NRegulations—permits
The regulations may make provision for or with
respect to any of the following:
(a)
the making of an application for a permit
(including the form of an application and the information and evidence to
accompany an application),
(b)
the requirements for the issue of a permit
(including any identification requirements),
(c)
the grounds for refusal of a
permit,
(d)
the fees payable in connection with a permit or
an application for the issue or renewal of a permit (including any late
payment fees or fees for the issue of a replacement
permit),
(e)
any exemptions from, or reductions in, any fee
payable,
(f)
the renewal of permits,
(g)
the revocation of permits,
(h)
the notification, by the holder of a permit, of
the sale of a companion animal that is subject to a
permit,
(i)
enabling the functions of the Departmental Chief
Executive under this Part to be exercised by a council or any other person, or
class of persons, appointed by the Departmental Chief
Executive.
[7]–[8]
[9]Section 51 Owner of dangerous
or menacing dog must comply with control requirements
Insert after section 51 (1) (k):
(l)
The dog must be the subject of a permit issued
under this Act, as required by section 11C.
[10]
[11]Section 56 Owner of restricted
dog must comply with control requirements
Insert after section 56 (1) (h):
(i)Permit required
The dog must be the subject of a permit issued
under this Act, as required by section 11D.
[12]–[15]
[16]Section 84 Establishment of
Fund
Insert “, permit fees” after
“registration fees” in section 84 (1) (a).
[17]
[18]Section
86A
Insert before section 87:
86AEar-marking or tattooing of
animals
(1)
A veterinary practitioner who desexes a female
companion animal is to ear-mark or tattoo the animal, for the purpose of
indicating that the animal is desexed, at the time that it is under
anaesthetic for the desexing procedure.
(2)
Subsection (1) does not authorise or require any
ear-marking or tattooing procedure to be undertaken without the consent of the
owner of the companion animal.
(3)
Subsection (1) does not apply if:
(a)
the veterinary practitioner has sought the
consent of the owner of the companion animal and the owner has denied consent
to the ear-marking or tattooing procedure, or
(b)
the veterinary practitioner considers that the
ear-marking or tattooing procedure cannot be undertaken safely and humanely at
that time.
(4)
For the purposes of this section, the
Departmental Chief Executive may, from time to time, prepare, adopt or vary
guidelines relating to ear-marking or tattooing of companion
animals.
[19]–[22]
sch 1: Am 1987 No 15,
sec 30C.
Schedule 2Amendment of Prevention of Cruelty to Animals Act 1979 No
200
[1]Long
title
Insert “and for the promotion of their
welfare” after “animals”.
[2]Section 3 Objects of
Act
Insert at the end of section 3 (b) (iii):
, and
(c)
to promote the welfare of dogs and cats by
requiring information about them to be provided when they are advertised for
sale.
[3]
[4]Section
23A
Insert after section 23:
23AInformation required when dogs
or cats are advertised for sale or for giving away
(1)
A person must not advertise a regulated dog or
cat as being available for sale, to be given away, or to be transferred by any
other means, unless the advertisement includes at least one of the
following:
(a)
the microchip identification number allocated to
the microchip implanted in the animal:
(i)
in connection with the identification of the
animal for the purposes of section 8 of the Companion Animals
Act 1998, or
(ii)
in compliance with the greyhound racing
rules,
(b)
the breeder identification number of the person,
that is, the number allocated to the person:
(i)
under section 83M of the Companion Animals Act 1998,
or
(ii)
by any recognised breeders’ organisation
(within the meaning of Part 9 of the Companion Animals
Act 1998) of which the person is a member,
or
(iii)
at the time of registration under the greyhound
racing rules of the animal from whose litter the greyhound being advertised
was born,
(c)
in the case where the dog or cat is being sold or
given away by an organisation that is, at the time the advertisement is made,
a rehoming organisation (within the meaning of the Companion Animals Act 1998)—the
rehoming organisation number allocated to the organisation under section 83N
of that Act.
Maximum penalty: 50 penalty
units.
Note—
In order to comply with the requirements of this
section, a person who advertises a companion animal must either obtain a
breeder identification number or a rehoming organisation number, or have the
animal microchipped (in which case the advertisement may include the microchip
number). In the case of a companion animal that has not been born yet, the
owner must have a breeder identification number or a rehoming organisation
number.
(2)
A person who, when advertising a regulated dog or
cat for sale, or when doing something in relation to that advertising, gives a
microchip identification number, breeder identification number or rehoming
organisation number that the person knows, or ought reasonably to have known,
is false is guilty of an offence.
Maximum penalty: 50 penalty
units.
(3)
A person is not liable to be convicted in respect
of the same act or omission of both an offence under this section and an
offence under section 52A (1) or 57A (1) of the Companion Animals Act
1998.
Note—
Sections 52A (1) and 57A (1) of the Companion Animals Act 1998 make it an
offence to sell or advertise the sale of a dangerous, menacing or restricted
dog or a dog that is proposed to be a dangerous, menacing or restricted
dog.
(4)
In this section:
greyhound
racing rules means the racing rules:
(a)
made by Greyhound Racing New South Wales under
the Greyhound Racing Act 2009 and in force
before the repeal of that Act, or
(b)
made by the Greyhound Welfare and Integrity
Commission under the Greyhound Racing Act
2017.
regulated
dog or cat means any of the following:
(a)
a dog or cat that is or will be required by the
Companion Animals Act 1998 to be
identified (including by being microchipped), including a dog or cat that has
not been born or has not yet reached the age at which identification is
required,
(b)
a greyhound (whether or not it is registered in
accordance with the greyhound racing rules), including a greyhound that has
not been born,
(c)
a dog or cat that is in the custody of a council
(including a council pound),
(d)
a dog or cat that is in the custody of the Animal
Welfare League NSW,
(e)
a dog or cat that is in the custody of The Cat
Protection Society of NSW Inc,
(f)
a dog or cat that is in the custody of the Royal
Society for the Prevention of Cruelty to Animals; New South
Wales.
[5]Section 24G Powers of
inspectors in relation to land used for certain commercial
purposes
Insert after section 24G (2) (a1):
(a2)
inspect any advertisement, or means of publishing
or broadcasting an advertisement, that is on the
land,
[6]Section
24JA
Insert after section 24J:
24JAPowers of inspectors generally
to examine advertisements
An inspector may examine an advertisement, or any
means of publishing or broadcasting an advertisement, if the inspector
suspects, on reasonable grounds, that an offence against section 23A is being,
has been or is about to be committed in respect of the advertisement or other
thing.
[7]Section 24NA Power to question
persons and require production of documents
Insert “or produce documents” after
“answer questions” in section 24NA (1).
[8]–[11]
sch 2: Am 1987 No 15,
sec 30C.
Historical
notes
Table of amending
instruments
Companion Animals
and Other Legislation Amendment Act 2018 No 27. Assented
to 15.6.2018. Date of commencement, except Schs 1 [1]–[5] [7] [8] [10]
[12]–[15] [17] and [19]–[22] and 2 [3] and [8]–[11],
1.7.2019, sec 2 and 2018 (438) LW 17.8.2018; date of commencement of Sch 1
[1]–[5] [7] [8] [10] [14] [15] [17] and [19]–[22], 31.8.2018, sec
2 and 2018 (438) LW 17.8.2018; date of commencement of Schs 1 [12] and [13]
and 2 [3] and [8]–[11], 1.7.2018, sec 2 and 2018 (301) LW
29.6.2018.
This Act has been amended by sec 30C of the
Interpretation Act 1987 No
15.
Table of
amendments
Schs 1,
2
Am 1987 No
15, sec 30C.