An Act to provide for the identification and registration of companion animals and for the duties and responsibilities of their owners; and for other purposes.
Part 1 Preliminary
1 Name of Act
This Act is the Companion Animals Act 1998.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 (Repealed)
s 3: Rep 2006 No 101, Sch 1 [1].
3A Principal object of Act
The principal object of this Act is to provide for the effective and responsible care and management of companion animals.s 3A: Ins 2005 No 101, Sch 1 [1].
4 Policy regarding animal welfare
It is declared that the protection of native birds and animals is an objective of animal welfare policy in the State.
5 Definitions
(1) In this Act:approved animal welfare organisation means any of the following:(a) the Royal Society for the Prevention of Cruelty to Animals, New South Wales,(b) the Animal Welfare League NSW,(c) the Cat Protection Society of NSW,(d) any other organisation approved by the Departmental Chief Executive by order published in the Gazette.approved breed assessor means a person or body approved for the time being by the Departmental Chief Executive to carry out breed identification assessments in relation to dogs for the purposes of Division 6 of Part 5.approved form means:(a) the form (if any) approved by the Departmental Chief Executive for the purposes of the provision in relation to which the expression is used, or(b) if no such form is approved by the Departmental Chief Executive, the form approved by the local authority for the purposes of the provision in relation to which the expression is used.approved temperament assessor means a person or body approved for the time being by the Departmental Chief Executive to carry out temperament assessments in relation to dogs for the purposes of Division 6 of Part 5.assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth, but does not include a working dog.Note—That section refers to a guide dog, a dog trained to assist a person in activities where hearing is required and any other animal trained to assist a person to alleviate the effect of a disability.means:(a) an employee of a local authority authorised by the local authority for the purposes of this Act, or(b) a police officer.cat means an animal of the species Felis catus, whether or not domesticated.companion animal means each of the following:(a) a dog,(b) a cat,(c) any other animal that is prescribed by the regulations as a companion animal.Note—The fact that an animal is not strictly a “companion” does not prevent it being a companion animal for the purposes of this Act. All dogs are treated as companion animals, even working dogs on rural properties, guard dogs, police dogs and corrective services dogs.corrective services dog means a dog that is being used on official duty by a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999).Note—This Act contains special exemptions for corrective services dogs. Because this definition requires that the dog is being used on official duty by a correctional officer, the exemptions apply only when the dog is “on duty”.council means:(a) the council of an area under the Local Government Act 1993, or(b) the Lord Howe Island Board in relation to Lord Howe Island (the Lord Howe Island Board’s area for the purposes of this Act), or(c) the person appointed under section 6 (1A) in relation to land within the Western Division that is not within an area under the Local Government Act 1993 (the appointed person’s area for the purposes of this Act).council pound means:(a) a public or private pound established by a council under the Impounding Act 1993, or(b) any other place approved by a council as a place for the holding of animals for the purposes of this Act.dangerous, in relation to a dog—see section 33.dangerous dog means a dog for the time being the subject of a declaration by an authorised officer of a council or a court under this Act that the dog is a dangerous dog.Departmental Chief Executive means the Chief Executive of the Office of Local Government.desexed means rendered permanently incapable of reproduction.disability has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth.dog means an animal (of either sex, or desexed, and whether or not domesticated) of a species with the scientific name Canis familiaris, Canis lupus familiaris, Canis lupus dingo, Canis familiaris dingo or Canis dingo, or a synonym of any of those names, and including a hybrid of any of those species.exercise a function includes perform a duty.function includes a power, authority and duty.Fund means the Companion Animals Fund established by this Act.identification information means the information prescribed by the regulations as the identification information for a companion animal.identified companion animal means a companion animal that is identified as referred to in section 70 (1).is defined in section 6.menacing, in relation to a dog—see section 33A (1).menacing breed or kind of dog—see section 33A (2).menacing dog means a dog for the time being the subject of a declaration by an authorised officer of a council under section 34 (1A) or a court under section 45 (1A) that the dog is a menacing dog.owner is defined in section 7.permit means a permit issued under Part 2A.police dog means a dog that is being used by a police officer on official duty.Note—This Act contains special exemptions for police dogs. Because this definition requires that the dog is being used by a police officer on official duty, the exemptions apply only when the dog is “on duty”.pound operator, in relation to a council pound referred to in paragraph (b) of the definition of that term, means the person or body that manages or has control of the pound.property means land or premises and includes, for the purposes of Part 7A, a building or structure of any description (such as a shed) or a vehicle or vessel.public place means:(a) any pathway, road, bridge, jetty, wharf, road-ferry, reserve, park, beach or garden, andthat the public are entitled to use.(b) any other place,Register means the Register of Companion Animals provided for by this Act.registered means registered under this Act.registered owner of a companion animal means the person shown in the registration information entered on the Register as the registered owner of the animal (and in the case of joint registered owners means each of those joint registered owners).registration information means the information prescribed by the regulations as the registration information for a companion animal.rehoming organisation means:(a) a council or any other operator of a council pound, or(b) the Animal Welfare League NSW, or(c) The Cat Protection Society of NSW Inc, or(d) the Royal Society for the Prevention of Cruelty to Animals; New South Wales, or(e) any other organisation that is, for the time being, designated as a rehoming organisation by the Departmental Chief Executive under section 88B.restricted dog is defined in section 55.sell includes transfer ownership of the property in an animal by any means, including by gift.veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016.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.Note—The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.(2) (Repealed)(3) Notes in the text of this Act do not form part of this Act.s 5: Am 2001 No 23, Sch 1 [1] [2]; 2001 No 112, Sch 1.7 [1]; 2003 No 87, Sch 3.4 [1]; 2005 No 101, Sch 1 [2]–[7]; 2006 No 101, Sch 1 [2]–[4]; 2010 No 1, Sch 2.1 [1] [2]; 2011 No 62, Sch 1.4; 2013 No 86, Sch 1 [1] [2]; 2015 No 24, Sch 8.8; 2017 No 17, Sch 4.16 [1] [3]; 2018 No 27, Sch 1 [1] [2].
6 Meaning of “local authority”
(1) The for a place is the council in the area of which the place is located.(1A) The Minister may appoint a person to be the local authority for the purposes of this Act for land within the Western Division that is not within the area of a council under the Local Government Act 1993.(1B) The Minister may revoke an appointment under subsection (1A) at any time or for any reason.(1C) A person appointed under subsection (1A) (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.(2) The regulations may provide that the functions of the local authority for a place are to be exercised for the purposes of this Act or specified provisions of this Act by a specified person or the holder of a specified office (instead of by the council provided for by subsection (1)). That person or the holder of that office is then the local authority for that place for the purposes of this Act or the relevant provisions of this Act.s 6: Am 2017 No 17, Sch 4.16 [4].
6A General duties of councils
(1) A council is required:(a) to promote awareness within its area of the requirements of this Act with respect to the ownership of companion animals, and(b) to take such steps as are appropriate to ensure that it is notified or otherwise made aware of the existence of all dangerous, menacing and restricted dogs (including dogs that might reasonably be considered to be the subject of a declaration under Division 1 or 6 of Part 5) that are ordinarily kept within its area.(2) Subsection (1) does not limit the other functions that may be conferred or imposed on a council by or under this Act.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.s 6A: Ins 2005 No 101, Sch 1 [8]. Am 2006 No 101, Sch 1 [5] [6]; 2013 No 86, Sch 1 [3].
6B Duty 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, orit is the duty of the official person to provide that information to the relevant council (or councils) as soon as it is reasonably practicable.(b) an incident involving a dog attacking or biting, without provocation, a person or animal,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.s 6B: Ins 2006 No 101, Sch 1 [7].
7 Meaning of “owner”
(1) Each of the following persons is the owner of a companion animal for the purposes of this Act:(a) the owner of the animal (in the sense of being the owner of the animal as personal property),(b) the person by whom the animal is ordinarily kept,(c) the registered owner of the animal.(2) A reference in this Act to the owner of a companion animal is a reference to each and all owners of the animal.Note—A provision of this Act that makes the owner of a companion animal guilty of an offence makes each owner guilty of the offence.(3), (4) (Repealed)(5) When a companion animal is ordinarily kept by an employee on behalf of his or her employer, the animal is for the purposes of this Act taken to be ordinarily kept by the employer and not the employee. This subsection does not prevent an employee being the registered owner of an animal and does not prevent the employee being an owner if the employee is the registered owner.(6) In any prosecution of the owner of a companion animal for an offence against this Act it is a defence if the defendant establishes that:(a) another owner of the animal has been convicted of an offence arising out of the same circumstances, or the commission by another owner of the animal of an offence arising out of the same circumstances has been proved but a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence, or(b) another owner of the animal has paid the amount of the penalty prescribed under section 92 (Penalty notices) for an alleged offence arising out of the same circumstances.s 7: Am 1998 No 120, Sch 2.5 [1] [2]; 1999 No 94, Sch 4.6; 2001 No 23, Sch 1 [3] [4]; 2005 No 101, Sch 1 [9].
Part 2 Compulsory identification and registration of companion animals
8 Identification required from 12 weeks of age and before sale
(1) A companion animal must be identified as required by the regulations from the time the animal is 12 weeks old.(2) A companion animal must not be sold unless it has been identified as required by the regulations (even if it is less than 12 weeks old when it is sold).(3) The owner of an animal is guilty of an offence if it is not identified in accordance with subsection (1).Maximum penalty:(a) 8 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 50 penalty units in the case of a dangerous, menacing or restricted dog.(4) A person who sells an animal in contravention of subsection (2) is guilty of an offence.Maximum penalty:(a) 8 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 50 penalty units in the case of a dangerous, menacing or restricted dog.(5) The regulations may change the age from which a companion animal is required to be identified under subsection (1) from 12 weeks to any other age (either generally for all companion animals or for a particular kind or class of companion animal).Note—The term “sell” extends to the transfer of ownership by any means, including by gift. This section requires an animal to be identified before it is sold no matter what the age of the animal when it is sold.s 8: Am 2005 No 101, Sch 1 [10] [11]; 2013 No 86, Sch 1 [3].
9 Registration required from age 6 months
(1) A companion animal must be registered under this Act from the time the animal is 6 months old. The owner of the animal is guilty of an offence if it is not registered.Maximum penalty:(a) in the case of a dangerous, menacing or restricted dog—60 penalty units for a first offence or 70 penalty units for a second or subsequent offence, or(b) in any other case—50 penalty units for a first offence or 60 penalty units for a second or subsequent offence.Note—The regulations may provide for exceptions to this section. An owner does not have to wait until an animal is 6 months old to register it. An animal of any age can be registered.(2) The regulations may change the age from which a companion animal is required to be registered under this section from 6 months to any other age, either generally for all companion animals or for a particular kind or class of companion animal.(3) A person is taken to commit a separate offence under this section on every day the companion animal remains unregistered. However, a person:(a) may not be convicted for the commission of more than one offence in relation to the failure to register a companion animal during any single calendar month, and(b) may be convicted only once in relation to any failure to register a companion animal that occurred before that failure came to the notice of the council of the area in which the animal is ordinarily kept.Note—This subsection does not limit the number of times a person may be prosecuted under section 10B (Notice requiring companion animal to be registered).(4) A greyhound that is registered for the time being under the Greyhound Racing Act 2017 is exempt from this section.s 9: Am 2005 No 101, Sch 1 [12]; 2013 No 86, Sch 1 [4] [5]; 2017 No 13, Sch 7.3 [1]; 2018 No 27, Sch 1 [3].
10 Regulations may require registration
The regulations may require a particular class or description of companion animals (not otherwise required to be registered) to be registered. The owner of such an animal is guilty of an offence if it is not registered.Maximum penalty:(a) in the case of a dangerous, menacing or restricted dog—60 penalty units for a first offence or 70 penalty units for a second or subsequent offence, or(b) in any other case—50 penalty units for a first offence or 60 penalty units for a second or subsequent offence.Note—For example, the regulations could require that a companion animal be registered if it has been seized under this Act (for example, because it was found at large outside the property of its owner). The animal would then have to be registered even though it might be less than 6 months old.s 10: Am 2005 No 101, Sch 1 [13]; 2018 No 27, Sch 1 [4].
10A (Repealed)
s 10A: Ins 2001 No 23, Sch 1 [5]. Am 2005 No 101, Sch 1 [14]. Rep 2013 No 86, Sch 1 [6].
10B Notice requiring companion animal to be registered
(1) If a companion animal that is required to be registered is not registered, 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 register 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 dangerous, menacing or restricted dog—60 penalty units for a first offence or 70 penalty units for a second or subsequent offence, or(b) in any other case—50 penalty units for a first offence or 60 penalty units for a second or subsequent offence.(3) A notice under this section may be given on more than one occasion to the owner of an unregistered companion animal that is required to be registered (but only after an interval of at least 3 months since the last such notice was given).s 10B: Ins 2001 No 23, Sch 1 [5]. Am 2005 No 101, Sch 1 [15] [16]; 2013 No 86, Sch 1 [7]–[9]; 2018 No 27, Sch 1 [5].
11 Owner required to notify certain changes and events
(1) The owner of an identified companion animal (whether or not it is registered) must notify the Departmental Chief Executive when any of the following happens:(a) any change occurs in the registration information or identification information for the animal (notification must be given within 14 days after the change occurs),(b) the making or revocation of a declaration by a court under Part 5 that the animal (being a dog) is a dangerous dog or a menacing dog (notification must be given within 7 days after the declaration is made or revoked),(c) the animal dies (notification must be given within 28 days after the animal dies),(d) the animal has been missing for more than 72 hours (notification must be given within 96 hours after the animal went missing),(d1) the animal has been found after having been reported missing (notification must be given within 72 hours after the animal is found),(e) any other event prescribed as a notifiable event by the regulations.Maximum penalty:(a) 8 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 50 penalty units in the case of a dangerous, menacing or restricted dog.(2) The regulations may provide for the manner in which a notification under this section is to be given to the Departmental Chief Executive. Notification is not considered to have been given unless it is given in compliance with any such applicable provisions of the regulations.(3) When the Departmental Chief Executive is notified of a change in registration information, the Departmental Chief Executive is to provide the registered owner of the animal with a certificate of registration free of charge showing the registration information as changed. If the change is a change of ownership, the certificate of registration is to be provided to the new owner.(4) A person who in any notification given for the purposes of this section makes a statement or gives information that the person knows is false or misleading in a material particular is guilty of an offence.Maximum penalty: 8 penalty units.s 11: Am 2001 No 23, Sch 1 [6]; 2005 No 101, Sch 1 [17]–[19]; 2013 No 86, Sch 1 [3] [10]; 2018 No 27, Sch 1 [1].
11A Duties of councils in relation to companion animals killed by traffic
A council is required:(a) to take such steps as are reasonable to ascertain the ownership of any companion animal found in its area that appears to have been killed as the result of being hit by a vehicle, and(b) if the animal that has been killed was an identified companion animal—to notify the Departmental Chief Executive and the owner of the animal (if the owner can be identified) that the animal has been killed.s 11A: Ins 2005 No 101, Sch 1 [20]. Am 2018 No 27, Sch 1 [1].
Part 3 Responsibilities for control of dogs
pt 3, hdg: Am 2001 No 23, Sch 1 [7].
Division 1 General responsibilities
12 Dog to wear collar and tag
(1) A dog must have a collar around its neck and there must be attached to the collar:(a) a name tag that shows the name of the dog and the address or telephone number of the owner of the dog, and(b) (Repealed)(2) The owner of the dog is guilty of an offence if this section is not complied with.Maximum penalty:(a) 8 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 50 penalty units in the case of a dangerous, menacing or restricted dog.(3) The regulations may impose requirements in respect of the size, colour and material of a tag for use for the purposes of this section.(4) This section does not apply to a dog while it is on property of which the owner of the dog is the occupier or to a working dog.s 12: Am 2001 No 112, Sch 1.7 [2] [3]; 2005 No 101, Sch 1 [21]; 2006 No 101, Sch 1 [8]; 2013 No 86, Sch 1 [3].
12A Preventing 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, menacing or restricted dog, or(b) 50 penalty units in the case of a dangerous, menacing or restricted dog.(1A) The regulations may, for the purposes of this section, specify what constitutes or does not constitute reasonable precautions to prevent a dog from escaping.(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.s 12A: Ins 2006 No 101, Sch 1 [9]. Am 2013 No 86, Sch 1 [3]; 2018 No 27, Sch 1 [7].
13 Responsibilities while dog in public place
(1) A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person.(2) If this section is contravened:(a) the owner of the dog, oris guilty of an offence.(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,Maximum penalty:(a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 100 penalty units in the case of a dangerous, menacing or restricted dog.(3) Any person (including an authorised officer) can seize a dog that is in a public place in contravention of this section. If the owner of the dog is present, the dog cannot be seized except by an authorised officer and only then if the contravention continues after the owner has been told of the contravention. A reference in this subsection to the owner of the dog includes a reference to the person who is for the time being in charge of the dog.Note—Putting the dog on a leash prevents the dog being seized but it does not excuse the contravention and does not stop action being taken for the contravention.(4) A dog is not considered to be under the effective control of a person if the person has more than 4 dogs under his or her control.(5) This section does not apply to:(a) a dog accompanied by some competent person in an area declared to be an off-leash area by a declaration under this section (but only if the total number of dogs that the person is accompanied by or has control of does not exceed 4), or(b) a dog engaged in the droving, tending or working of stock, or(c) a dog being exhibited for show purposes, or(d) a dog participating in an obedience class, trial or exhibition, or(e) a police dog, or(e1) a corrective services dog, or(f) a dog secured in a cage or vehicle or tethered to a fixed object or structure.Note—Just because a dog is not on a lead in an off-leash area, or is secured in a cage or vehicle or is tethered to a fixed object or structure, does not mean that an offence under section 16 is not committed if the dog rushes at, attacks, bites, harasses or chases any person or animal, whether or not any injury is caused.(6) A local authority can by order declare a public place to be an off-leash area. Such a declaration can be limited so as to apply during a particular period or periods of the day or to different periods of different days. However, there must at all times be at least one public place in the area of a local authority that is an off-leash area.s 13: Am 2001 No 23, Sch 1 [8] [9]; 2005 No 101, Sch 1 [22]–[25]; 2006 No 101, Sch 1 [10]; 2010 No 1, Sch 2.1 [3]; 2013 No 86, Sch 1 [3].
14 Dogs prohibited in some public places
(1) Dogs are prohibited in the following places (whether or not they are leashed or otherwise controlled):(a) Children’s play areas (meaning any public place, or part of a public place, that is within 10 metres of any playing apparatus provided in that public place or part for the use of children).(b) Food preparation/consumption areas (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans).(c) Recreation areas where dogs are prohibited (meaning any public place, or part of a public place, provided or set apart by a local authority for public recreation or the playing of organised games and in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place or part).(d) Public bathing areas where dogs are prohibited (meaning any public place or any part of a public place that is used for or in conjunction with public bathing or public recreation (including a beach), in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place).(e) School grounds (meaning any property occupied or used for a purpose connected with the conduct of a government school or non- government school under the Education Act 1990, other than any property used for a residence or the curtilage of a residence).(f) Child care centres (meaning any property occupied or used for a purpose connected with the conduct of an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, other than any property used for a residence or the curtilage of a residence).(g) Shopping areas where dogs are prohibited (meaning a shopping arcade or shopping complex, including any part of it that is used by the public for parking or access to shops, in which or part of which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited there). This paragraph does not apply to any shop or part of a shop.(h) Wildlife protection areas (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority has ordered that dogs are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place).(2) If a dog is in a place in which dogs are prohibited under this section:(a) the owner of the dog, oris guilty of an offence.(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,Maximum penalty:(a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 100 penalty units in the case of a dangerous, menacing or restricted dog.(3) Any person (including an authorised officer) can seize a dog that is in a place in which dogs are prohibited under this section. If the owner of the dog is present, the dog cannot be seized except by an authorised officer and only then if the owner fails to remove the dog from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the dog includes a reference to the person who is for the time being in charge of the dog.Note—Removing the dog prevents the dog being impounded but it does not excuse the contravention and does not stop action being taken for the contravention.(4) A dog is not prohibited under this section in a place that is a food preparation/consumption area if the place is a public thoroughfare (such as a road, footpath or pathway).(5) A dog is not prohibited under this section in a school ground or child care centre if it is there with the permission of the person controlling the school ground or child care centre.(6) A dog is not prohibited under this section in a place within a shopping area if it is there:(a) in a vehicle that is secured in such a way as to prevent the dog from escaping from it, or(b) with the permission of the person controlling the place, or(c) for the purpose of being taken to or from a pet shop, the premises of a veterinary practitioner or a similar establishment.(7) A local authority is authorised to make the orders contemplated by this section.(8) This section does not apply to the following dogs:(a) a police dog,(b) a dog that is an assistance animal being used bona fide by a person with a disability to assist the person,(c) a corrective services dog.s 14: Am 2001 No 23, Sch 1 [10] [11]; 2003 No 87, Sch 3.4 [2]; 2005 No 101, Sch 1 [26]–[29]; 2006 No 101, Sch 1 [11]; 2010 No 1, Sch 2.1 [4]; 2010 No 67, Sch 2.3; 2011 No 70, Sch 2.9; 2013 No 86, Sch 1 [3].
14A Dogs not prohibited in outdoor dining areas in certain circumstances
(1) The relevant legal restrictions do not prohibit a dog (other than a dangerous, menacing or restricted dog) from being in an outdoor dining area if:(a) the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord or leash that is attached to the dog, and(b) the person does not feed the dog or permit the dog to be fed, and(c) the dog is kept on the ground.(2) However, if the outdoor dining area is within a public place declared by a local authority to be an off-leash area:(a) it is not necessary for the dog to be restrained by means of a chain, cord or leash, and(b) the dog can be fed while the dog is on the ground, but not using any apparatus provided for the consumption of food by humans, and(c) the dog can sit on a person’s lap, but must not be allowed to sit on any table or chairs or make contact with other apparatus provided for the consumption of food by humans.(3) This section does not confer any entitlement on a person accompanied by a dog to use any table and chairs or other apparatus provided in an outdoor dining area by a food business (within the meaning of the Food Act 2003) without the permission of the operator of the food business.(4) The relevant legal restrictions are:(a) section 14 (1) (b), and(b) the Food Act 2003 and the Food Standards Code (within the meaning of that Act).(5) An outdoor dining area is an area that:(a) is used for the consumption of food by humans, and(b) is not enclosed, andbut does not include any part of an area that is used for the preparation of food.(c) can be entered by the public without passing through an enclosed area in which dogs are prohibited by this Act or the other relevant legal restrictions,(6) An area is enclosed if, except for doorways and passageways, the area is substantially or completely enclosed, whether permanently or temporarily, by:(a) a ceiling or roof, and(b) walls or windows (or both).s 14A: Ins 2010 No 33, Sch 1. Am 2013 No 86, Sch 1 [3].
15 Certain breeds of dogs to be muzzled
(1) A dog to which this section applies must at all times have a muzzle securely fixed on its mouth in such a manner as will prevent it from biting any person or animal, except when the dog is:(a) in or on any property or vehicle of which the owner of the dog is an occupier or where the dog is ordinarily kept, or(b) under the effective control of some competent person and being exhibited for show purposes or participating in an obedience trial, or(c) exempted from this section by the regulations.(2) If this section is contravened:(a) the owner of the dog, oris guilty of an offence.(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,Maximum penalty: 8 penalty units.(3) The regulations may prescribe any breed, kind or description of dog as a breed, kind or description to which this section applies and a dog of that breed, kind or description is then a dog to which this section applies.s 15: Am 2001 No 23, Sch 1 [12]; 2005 No 101, Sch 1 [30] [31]; 2017 No 13, Sch 7.3 [2] [3].
16 Offences where dog attacks person or animal
(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:(a) the owner of the dog, oris guilty of an offence.(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,Maximum penalty:(a) 100 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 400 penalty units in the case of a dangerous, menacing or restricted dog.(1AA) If a dog (other than a dangerous, menacing or restricted dog) rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:(a) the owner of the dog is guilty of an offence if the incident occurs as a result of a reckless act or omission by the owner, or(b) if the owner is not present at the time of the incident 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 if the incident occurs as a result of a reckless act or omission by that other person.Maximum penalty: 200 penalty units or imprisonment for 2 years, or both.(1AB) If a dangerous, menacing or restricted dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:(a) the owner of the dog is guilty of an offence if the incident occurs as a result of a reckless act or omission by the owner, or(b) if the owner is not present at the time of the incident 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 if the incident occurs as a result of a reckless act or omission by that other person.Maximum penalty: 500 penalty units or imprisonment for 4 years, or both.(1A) The owner of a dangerous dog, a menacing dog or a restricted dog is guilty of an offence if:(a) the dog attacks or bites any person (whether or not any injury is caused to the person), and(b) the incident occurs as a result of the owner’s failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog.Maximum penalty: 700 penalty units or imprisonment for 5 years, or both.Note—Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.(2) It is not an offence under this section if the incident occurred:(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or(c) as a result of the dog acting in reasonable defence of a person or property, or(d) in the course of lawful hunting, or(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.(3) This section does not apply to a police dog or a corrective services dog.(4) If, on the trial of a person charged with an offence against subsection (1AA) or (1AB) the trier of fact is not satisfied that the person committed the offence but is satisfied that the person committed an offence against subsection (1), the trier of fact may find the person not guilty of the offence charged but guilty of an offence against subsection (1), and the person is liable to punishment accordingly.(5) For the purposes of this section, recklessness may also be established by proof of intention.s 16: Am 2001 No 23, Sch 1 [13] [14]; 2005 No 101, Sch 1 [32] [33]; 2010 No 1, Sch 2.1 [5]; 2013 No 86, Sch 1 [11]–[15].
17 Dog must not be encouraged to attack
(1) A person who sets on or urges a dog (other than a dangerous, menacing or restricted dog) to attack, bite, harass or chase any person or animal (other than vermin) is guilty of an offence, whether or not actual injury is caused.Maximum penalty: 200 penalty units.(1A) A person who sets on or urges a dangerous, menacing or restricted dog to attack, bite, harass or chase any person or animal (other than vermin) is guilty of an offence, whether or not actual injury is caused.Maximum penalty: 700 penalty units or imprisonment for 5 years, or both.Note—If the dog is a dangerous, menacing or restricted dog, conviction for an offence under this section results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.(2) This section does not apply to something done by a person:(a) in the reasonable defence of a person or property,(b) in the proper performance of the person’s duties as a police officer or correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999),(c) in the course of the use of a dog for the working of stock or the training of a dog in the working of stock,(d) in the course of lawful hunting.s 17: Am 2001 No 23, Sch 1 [15]; 2005 No 101, Sch 1 [34]; 2010 No 1, Sch 2.1 [6]; 2013 No 86, Sch 1 [16].
18 Dog that has attacked or bitten may be secured or seized
(1) If a dog attacks or bites any person or animal (except vermin) otherwise than in the circumstances referred to in section 16 (2), an authorised officer may, at any time within 72 hours after the attack or bite:(a) secure the dog on property that the officer has reason to believe is occupied by the dog’s owner, or(b) seize the dog.(2) Any other person may seize the dog if the dog is on property owned or occupied by the person.(3) If the dog is on property that an authorised officer has reason to believe is occupied by the dog’s owner, the officer may seize the dog only if the officer is satisfied that:(a) the dog cannot be kept adequately secured on that property, or(b) the dog cannot be kept under the effective control of some competent person while it is on that property, or(c) the owner of the dog has repeatedly failed to keep the dog secured on that property or under the effective control of a competent person while it is on that property (regardless of whether the dog is secured or under effective control at the relevant time).(4) An authorised officer who, under this section, secures or seizes a dog on property that the officer has reason to believe is property occupied by the dog’s owner must, before leaving that property, prepare a notice setting out:(a) the reasons why the dog has been secured or seized, and(b) the method by which the dog has been secured, or the place to which it has been taken, as the case may be.(5) The notice must be left:(a) in a conspicuous place on the property, or(b) with a person (being a person apparently above the age of 16 years) who appears to be an occupier of the property.(6) This section applies whether or not any injury is caused to a person or animal by the dog’s attack or bite.s 18: Am 2001 No 23, Sch 1 [16]. Subst 2005 No 101, Sch 1 [35].
19 (Repealed)
s 19: Rep 2005 No 101, Sch 1 [36].
20 Dogs defecating in public place
(1) If a dog defecates in a public place:(a) the owner of the dog, ormust immediately remove the dog’s faeces and properly dispose of them.(b) if the owner is not present at the relevant time 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,Maximum penalty: 8 penalty units.(2) Proper disposal includes disposal in a rubbish receptacle designated for the purpose by the local authority. It is the duty of a local authority for a place that is commonly used for exercising dogs (including an off-leash area) to provide sufficient rubbish receptacles for the proper disposal of the faeces of dogs that defecate in the place.(3) This section does not apply when the dog is an assistance animal being used bona fide by a person with a disability to assist the person and the person’s disability makes compliance by the person with this section not reasonably practicable.s 20: Am 2001 No 23, Sch 1 [17]; 2005 No 101, Sch 1 [37].
21, 21A
(Renumbered as secs 32A, 32B)
s 21: Am 2005 No 101, Sch 1 [38]–[40]. Renumbered as sec 32A, 2013 No 86, Sch 1 [17].
s 21A: Ins 2005 No 101, Sch 1 [41]. Renumbered as sec 32B, 2013 No 86, Sch 1 [17].
22 Action to protect persons and property against dogs
(1) Any person may lawfully seize a dog if that action is reasonable and necessary for the prevention of damage to property.(2) Any person may lawfully seize, injure or destroy a dog if that action is reasonable and necessary for the protection of any person or animal (other than vermin) from injury or death.(3) However, subsection (2) does not authorise the seizure of, injury to or destruction of a dog that is engaged in the droving, tending, working or protection of stock unless the action is reasonable and necessary for the protection of a person from injury or death.(4) (Repealed)(5) If a dog that is not under the effective control of some competent person enters any inclosed lands within the meaning of the Inclosed Lands Protection Act 1901 and approaches any animal being farmed on the land, the occupier of the land or any person authorised by the occupier can lawfully injure or destroy the dog if he or she reasonably believes that the dog will molest, attack or cause injury to any of those animals.(6) An authorised officer who finds a dog attacking or harassing an animal (other than vermin) within a wildlife protection area (as defined in section 14 (1) (h)) can lawfully injure or destroy the dog if there is no other reasonably practicable way of protecting the animal.(7) A person who takes action under the authority of this section that results in the injury to or death of a dog must:(a) take reasonable steps to ensure that an injured dog receives any necessary treatment, and(b) report the matter to an authorised officer (unless the person is an authorised officer) and comply with such reasonable directions as the authorised officer may give for the purpose of causing the dog to be returned to its owner or taken to a council pound, and(c) take reasonable steps to inform the owner of the dog.(8) An authorised officer is not to give a direction under this section for the purpose of causing a dog to be taken to a council pound unless the authorised officer is satisfied that the owner of the dog cannot be identified.(9) Nothing in this section authorises a contravention of the Prevention of Cruelty to Animals Act 1979.(10) The authority conferred by this section to destroy a dog extends only to authorising the destruction of the dog in a manner that causes it to die quickly and without unnecessary suffering.s 22: Am 2005 No 101, Sch 1 [42].
23 Disqualification from owning or being in charge of dog
(1) A person who is convicted of any of the following offences is permanently disqualified from owning a dog or from being in charge of a dog in a public place:(a) an offence under section 16 (1AB) or (1A),(b) an offence under section 17 where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence,(c) an offence under section 35A of the Crimes Act 1900.(2) A court that convicts a person of an offence under any of the following provisions of this Act can order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period:(a) section 15 (Certain breeds of dogs to be muzzled),(b) section 16 (1) or (1AA),(c) section 17 (Dog must not be encouraged to attack), except where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence,(d) section 36 (Obligations of owner when notified of proposed declaration),(e) section 49 (Failure to comply with destruction or control order),(f) section 51 (Owner of dangerous dog or menacing dog must comply with control requirements),(g) section 56 (Owner of restricted dog must comply with control requirements),(h) any other provision prescribed by the regulations as a provision to which this subsection applies.(3) A court that convicts a person of more than one offence under any of the following provisions of this Act during any 5 year period can, on the second or subsequent conviction during that period, order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period:(a) section 32A (Nuisance dogs),(b) any other provision prescribed by the regulations as a provision to which this subsection applies.(4) The maximum period of disqualification that a court can order under this section is 5 years. An order under this section is in addition to any penalty that the court can impose for an offence.(5) The making of an order by a court under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of a person charged with an offence is to be treated for the purposes of this section as a conviction of the person for the offence.(6) A person who is the owner of a dog, or who is in charge of a dog, in contravention of a disqualification or order under this section is guilty of an offence.Maximum penalty:(a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or(b) 100 penalty units in the case of a dangerous, menacing or restricted dog.s 23: Am 1999 No 94, Sch 4.6; 2001 No 23, Sch 1 [18] [19]; 2005 No 101, Sch 1 [43]–[45]; 2006 No 101, Sch 1 [12]; 2013 No 86, Sch 1 [3] [17]–[21]; 2017 No 13, Sch 7.3 [4].
24 Appeal against disqualification from owning or being in charge of dog
(1) A person against whom an order disqualifying the person from owning or being in charge of a dog is made under section 23 may appeal to the District Court, in accordance with the rules of that Court, against the order.(2) An appeal may be made only within 28 days after the date on which the order is made.(3) An appeal that is duly lodged operates to stay the order of disqualification pending the determination of the appeal.(4) The District Court has jurisdiction to hear and determine an appeal made under this section.s 24: Am 2005 No 101, Sch 1 [46].
Division 2 Liability for injury or death caused by dog
25 Liability for injury to person or damage to personal property
(1) The owner of a dog is liable in damages in respect of:(a) bodily injury to a person caused by the dog wounding or attacking that person, and(b) damage to the personal property of a person (including clothing) caused by the dog in the course of attacking that person.(2) This section does not apply in respect of:(a) an attack by a dog occurring on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the person attacked was not lawfully on the property or vehicle and the dog was not a dangerous dog, menacing dog or restricted dog at the time of the attack, or(b) an attack by a dog that is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner’s employees or agents.(3) This section does not apply in respect of a police dog or a corrective services dog.(4) This section does not affect the liability apart from this section of any person for damage caused by a dog.s 25: Am 2005 No 101, Sch 1 [47]; 2006 No 101, Sch 1 [13]; 2010 No 1, Sch 2.1 [5]; 2013 No 86, Sch 1 [22].
26 Continuation of liability when person dies from dog attack
Where the death of a person is caused by a dog wounding or attacking the person and the person would (had death not ensued) have been entitled under section 25 to recover damages from the owner of the dog in respect of bodily injury caused by the wounding or attack, the wounding or attack is, for the purposes of the Compensation to Relatives Act 1897, taken to be a wrongful act such as would (had death not ensued) have entitled the injured person to maintain an action against, and recover damages from, the owner of the dog in respect of that act.
27 Liability for injury to animal
(1) The owner of a dog is liable in damages in respect of injury (whether or not fatal) to another animal (whether or not a dog, but other than vermin) caused by the dog attacking or chasing it.(2) This section does not apply in respect of:(a) a dog attacking or chasing another animal on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the dog is not a dangerous dog or menacing dog under this Act at the time of the incident, or(b) a dog attacking or chasing another animal in the course of droving, tending, working or protecting stock, or(c) a dog attacking or chasing another animal where the attacking or chasing is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner’s employees or agents, or(d) a dog attacking or causing injury to another animal, where its doing so is in immediate response to, and is wholly induced by, an attack on the dog made by the other animal.(3) This section does not affect the liability apart from this section of any person for damage caused by a dog.s 27: Am 2013 No 86, Sch 1 [21].
28 Contributory negligence
(1) When damage suffered by a person that gives rise to a liability on the part of the owner of a dog to pay damages under this Division is the result partly of contributory negligence on the part of the person who suffers the damage, the damage is, for the purposes of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965, taken to have been suffered as the result partly of a wrong by the owner of the dog and partly of the contributory negligence of the person who suffered the damage.(2) This section does not affect the operation of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 in respect of any liability for damage caused by a dog that arises otherwise than under this Division.s 28: Am 2000 No 111, Sch 2.1.
Part 4 Responsibilities for control of cats
pt 4, hdg: Am 2001 No 23, Sch 1 [20].
29 Cats must have form of identification
(1) A cat must be identified by a form of identification that enables a local authority to ascertain the name of the cat and the address or telephone number of the owner of the cat.(2) The identification may take any of the following forms:(a) a collar worn around the cat’s neck with a tag or tags attached,(b) a microchip,(c) any other form of identification prescribed by the regulations.(3) The owner of the cat is guilty of an offence if this section is not complied with.Maximum penalty: 8 penalty units.(4) This section does not affect the operation of section 8.(5) This section does not apply to:(a) a cat on property of which the owner of the cat is the occupier, or(b) a cat being exhibited for show purposes or proceeding immediately to or from a place at which it will be, or has been, exhibited for show purposes.s 29: Am 2001 No 112, Sch 1.7 [4]; 2005 No 101, Sch 1 [48] [49].
30 Cats prohibited in some public places
(1) Cats are prohibited in the following places:(a) Food preparation/consumption areas (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans).(b) Wildlife protection areas (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority ordered that cats are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that cats are prohibited in or on that public place).(2) If a cat is in a place in which cats are prohibited under this section:(a) the owner of the cat, oris guilty of an offence.(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 cat at that time—that other person,Maximum penalty: 8 penalty units.(3) Any person (including an authorised officer) may seize a cat that is in a place in which cats are prohibited under this section for the cat’s own protection.(4) If the owner of the cat is present, an authorised officer (but no other person) may seize the cat (whether or not for the cat’s own protection), but only if the owner fails to remove the cat from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the cat includes a reference to the person who is for the time being in charge of the cat.Note—Removing the cat prevents the cat being impounded but it does not excuse the contravention and does not stop action being taken for the contravention.(5) A cat is not prohibited under this section in a place that is a food preparation/consumption area if the place is a public thoroughfare (such as a road, footpath or pathway).(6) A local authority is authorised to make the orders contemplated by this section.s 30: Am 2001 No 23, Sch 1 [21] [22]; 2005 No 101, Sch 1 [50]–[53].
31 Nuisance cats
(1) For the purposes of this section, a cat is a nuisance if the cat:(a) makes a noise that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises, or(b) repeatedly damages anything outside the property on which it is ordinarily kept.(2) If an authorised officer of a council is satisfied that a cat is a nuisance, the officer may, after complying with section 31A, issue an order in the approved form to the owner of the cat requiring the owner to prevent the behaviour that is alleged to constitute the nuisance.(3) The order must specify the behaviour of the cat that is required to be prevented. The order can specify more than one kind of behaviour.(4) An order remains in force for 6 months after it is issued.(5) The owner of a cat must comply with an order issued to the owner under this section and must continue to comply with it while it is in force.Maximum penalty: 3 penalty units for a first offence or 8 penalty units for a second or subsequent offence.(6) A council whose authorised officer issues an order under this section must notify the Departmental Chief Executive within 7 days after the order is issued.(7) An order under this section is final and is not subject to any appeal or review.s 31: Am 2005 No 101, Sch 1 [54]–[56]; 2018 No 27, Sch 1 [1].
31A Procedure for issuing nuisance cat order
(1) Before an authorised officer of a council issues an order under section 31, the officer must give notice to the owner of the cat to which the proposed order relates of the officer’s intention to issue the order.(2) The notice must set out:(a) the requirements with which the owner will be required to comply if the order is issued, and(b) the owner’s right to object to the proposed order in writing to the authorised officer within 7 days after the date the notice is given.(3) The owner has 7 days after the date the notice is given in which to object to the proposed order.(4) If the owner does not object within that time, the authorised officer may proceed to issue the order after the 7 days have passed.(5) If the owner does object within that time, the authorised officer must consider the objection before deciding whether or not to issue the order.s 31A: Ins 2005 No 101, Sch 1 [57].
32 Action to protect persons and animals against cats
(1) Any person may lawfully seize a cat if that action is reasonable and necessary for the protection of any person or animal (other than vermin) from injury or death.(2) (Repealed)(3) If a cat that is not under the effective control of some competent person enters any inclosed lands within the meaning of the Inclosed Lands Protection Act 1901 and approaches any animal being farmed on the land, the occupier of the land or any person authorised by the occupier can lawfully injure or destroy the cat if he or she reasonably believes that the cat will molest, attack or cause injury to any of those animals.(4) An authorised officer who finds a cat attacking or harassing an animal (other than vermin) within a wildlife protection area (as defined in section 30 (1) (b)) can lawfully injure or destroy the cat if there is no other reasonably practicable way of protecting the animal.(5) A person who takes action under the authority of this section that results in the injury to or death of a cat must:(a) take reasonable steps to ensure that an injured cat receives any necessary treatment, and(b) report the matter to an authorised officer (unless the person is an authorised officer) and comply with such reasonable directions as the authorised officer may give for the purpose of causing the cat to be returned to its owner or taken to a council pound, and(c) take reasonable steps to inform the owner of the cat.(6) An authorised officer is not to give a direction under this section for the purpose of causing a cat to be taken to a council pound unless the authorised officer is satisfied that the owner of the cat cannot be identified.(7) Nothing in this section authorises a contravention of the Prevention of Cruelty to Animals Act 1979.(8) The authority conferred by this section to destroy a cat extends only to authorising the destruction of the cat in a manner that causes it to die quickly and without unnecessary suffering.s 32: Am 2005 No 101, Sch 1 [58].
Part 5 Special provisions relating to control of dogs
pt 5, hdg: Subst 2013 No 86, Sch 1 [23].
Division 1A Nuisance dogs
pt 5, div 1A, hdg: Ins 2013 No 86, Sch 1 [24].
32A Nuisance dogs
(1) For the purposes of this section, a dog is a nuisance if the dog:(a) is habitually at large, or(b) makes a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises, or(c) repeatedly defecates on property (other than a public place) outside the property on which it is ordinarily kept, or(d) repeatedly runs at or chases any person, animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock) or vehicle, or(e) endangers the health of any person or animal (other than vermin and, in relation to an animal, otherwise than in the course of droving, tending, working or protecting stock), or(f) repeatedly causes substantial damage to anything outside the property on which it is ordinarily kept.(2) If an authorised officer of a council is satisfied that a dog is a nuisance, the officer may, after complying with section 32B, issue an order in the approved form to the owner of the dog requiring the owner to prevent the behaviour that is alleged to constitute the nuisance.(3) The order must specify the behaviour of the dog that is required to be prevented. The order can specify more than one kind of behaviour.(4) An order remains in force for 6 months after it is issued.(5) The owner of a dog must comply with an order issued to the owner under this section and must continue to comply with it while it is in force.Maximum penalty: 8 penalty units for a first offence or 15 penalty units for a second or subsequent offence.(6) A council whose authorised officer issues an order under this section must notify the Departmental Chief Executive within 7 days after the order is issued.(7) An order under this section is final and is not subject to any appeal or review.s 32A (previously s 21): Renumbered 2013 No 86, Sch 1 [17]. Am 2013 No 86, Sch 1 [17]; 2018 No 27, Sch 1 [1].
32B Procedure for issuing nuisance dog order
(1) Before an authorised officer of a council issues an order under section 32A, the officer must give notice to the owner of the dog to which the proposed order relates of the officer’s intention to issue the order.(2) The notice must set out:(a) the requirements with which the owner will be required to comply if the order is issued, and(b) the owner’s right to object to the proposed order in writing to the authorised officer within 7 days after the date the notice is given.(3) The owner has 7 days after the date the notice is given in which to object to the proposed order.(4) If the owner does not object within that time, the authorised officer may proceed to issue the order after the 7 days have passed.(5) If the owner does object within that time, the authorised officer must consider the objection before deciding whether or not to issue the order.s 32B (previously s 21A): Renumbered 2013 No 86, Sch 1 [17]. Am 2013 No 86, Sch 1 [17].
Division 1 Declarations relating to dangerous and menacing dogs
pt 5, div 1, hdg: Am 2006 No 101, Sch 1 [14]. Subst 2013 No 86, Sch 1 [24].
33 Meaning of “dangerous”
(1) For the purposes of this Act, 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) (Repealed)(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).s 33: Subst 2006 No 101, Sch 1 [15]. Am 2013 No 86, Sch 1 [25] [26].
33A Meaning of “menacing” and “menacing breed or kind of dog”
(1) For the purposes of this Act, a dog is menacing if it:(a) has displayed unreasonable aggression towards a person or animal (other than vermin), or(b) has, without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death.(2) The regulations may declare a breed or kind of dog to be a menacing breed or kind of dog.(3) The Minister is not to recommend the making of a regulation under subsection (2) unless the Minister is satisfied that the breed or kind of dog concerned displays characteristics associated with menacing behaviour. A failure to comply with this subsection does not invalidate the regulation concerned.(4) For the purposes of this section, a serious injury includes any of the following:(a) any injury that requires hospitalisation of a person or animal,(b) a broken bone that requires medical or veterinary attention,(c) a major laceration (that is, a wound caused by the tearing of body tissue or by multiple punctures caused by more than one bite from a dog) that requires medical or veterinary attention,(d) a partial or total loss of sensation or function in a part of the body that requires medical or veterinary attention,(e) any other injury requiring medical or veterinary attention, of the same level of seriousness as the injuries described in paragraphs (b)–(d),(f) an injury that requires a person to have cosmetic surgery.s 33A: Ins 2013 No 86, Sch 1 [27]. Am 2018 No 27, Sch 1 [8].
34 Authorised officer may declare dog to be dangerous dog or menacing dog
(1) An authorised officer of a council may declare a dog to be a dangerous dog if the authorised officer is satisfied that:(a) the dog is dangerous, or(b) the dog has been declared a dangerous dog under a law of another State or a Territory that corresponds with this Act.(1A) An authorised officer of a council may declare a dog to be a menacing dog if the authorised officer is satisfied that:(a) the dog is menacing, or(b) the dog is of a menacing breed or kind of dog (or a cross-breed of a menacing breed or kind of dog), or(c) the dog has been declared a menacing dog under a law of another State or a Territory that corresponds with this Act.(1B) A declaration may be made under this section even if the dog is ordinarily kept in another council’s area.(1C) The regulations may prescribe procedures that must be followed or matters that must be considered (or both) before an authorised officer makes a declaration under subsection (1A) (b).(2) A declaration can be made on the officer’s own initiative or on the written application of a police officer or any other person.(3) A declaration has effect throughout the State. It is not limited in its operation to the area of the council whose authorised officer made the declaration.Note—This Part also gives the Local Court the power to declare a dog to be dangerous in certain circumstances.s 34: Am 2005 No 101, Sch 1 [59]; 2006 No 101, Sch 1 [16]–[18]; 2007 No 94, Sch 2; 2013 No 86, Sch 1 [28].
35 Owner to be notified of proposed declaration
(1) An authorised officer of a council must give notice to the owner of a dog of the officer’s intention to declare the dog to be a dangerous dog or a menacing dog.(2) The notice must set out:(a) the requirements with which the owner will be required to comply if the declaration is made, and(b) the owner’s right to object to the proposed declaration in writing to the authorised officer within 7 days after the date the notice is given.s 35: Am 2006 No 101, Sch 1 [16] [17] [19]; 2013 No 86, Sch 1 [29].
36 Obligations of owner when notified of proposed 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 a dangerous dog or a menacing dog, 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 that is attached to the dog and is held by (or secured to) the person, 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), regardless of its age, 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, orwhichever happens first.(b) until the authorised officer notifies the owner that the officer has made the proposed declaration or has decided not to make it,(3) An authorised officer may seize a dog that is the subject of a proposed declaration if:(a) the officer is satisfied that:(i) the requirements of subsection (1) (a) have not been complied with in relation to the dog, or(ii) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or(b) the dog is not registered (regardless as to whether the 7 day period referred to in subsection (1) (b) has expired).(3A) An authorised officer may seize a dog under subsection (3) (a) only during the period when subsection (1) (a) applies in respect of the dog.(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 in relation to the dog, and(a1) the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, 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.s 36: Am 2005 No 101, Sch 1 [60]–[63]. Subst 2006 No 101, Sch 1 [20]. Am 2007 No 27, Sch 1.7 [1]–[5]; 2013 No 86, Sch 1 [30]–[32].
37 Authorised officer must consider dog owner’s objections
(1) The owner has 7 days after the date the notice is given in which to object to the proposed declaration.(2) If the owner does not object within that time, the authorised officer can proceed to make the declaration after the 7 days have passed.(3) If the owner does object within that time, the authorised officer must first consider the objection before proceeding to make the declaration.(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.s 37: Am 2006 No 101, Sch 1 [19] [21].
38 Authorised officer to notify dog owner of decision and consequences
(1) An authorised officer of a council must give notice to the owner of a dog of the following:(a) a declaration under this Division,(b) a decision not to make a declaration under this Division.The notice must be given within 7 days after the declaration or decision is made.(2) A notice that a dog has been declared a dangerous dog or a menacing dog must set out:(a) the requirements imposed on the owner by this Part and the date or dates by which the owner must comply with those requirements, and(b) in the case of a dangerous dog declaration—the owner’s right under section 41 to appeal to the Local Court against the declaration, and(c) the fact that the dog may, under section 58G, be seized and destroyed if the dog attacks or bites a person or animal without provocation or 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).(3) A declaration has effect from the date specified in the notice or the date on which notice is given, whichever is the later.s 38: Am 2006 No 101, Sch 1 [16] [22] [23]; 2007 No 27, Sch 1.7 [6]; 2007 No 94, Sch 2; 2013 No 86, Sch 1 [29] [33] [34].
39 Council can revoke declaration
(1) The owner of a dog that has been declared a dangerous dog or a menacing dog under this Division can apply to the council of the area in which the dog is ordinarily kept (whether or not it is the council whose authorised officer made the declaration) for the declaration to be revoked.(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 a dangerous dog or a menacing dog.(2) The council to which the application is made may revoke the declaration but only if satisfied that:(a) it is appropriate to do so, and(b) if the council determines that it is necessary—the dog has undergone appropriate behavioural training.(2A) In making a determination under subsection (2) (a) in relation to a menacing dog declaration, the council is to have regard to the nature and extent of any behavioural training that the dog has undergone.(3) The council must, as soon as practicable, give notice to the owner of the dog that the declaration has been revoked or that the council has refused to revoke the declaration.s 39: Am 2006 No 101, Sch 1 [24]–[26]; 2013 No 86, Sch 1 [35] [36].
40 Departmental Chief Executive 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 Departmental Chief Executive within 7 days.(2) A council that revokes a declaration under this Division must give notice of the revocation to the Departmental Chief Executive within 7 days.s 40: Subst 2006 No 101, Sch 1 [27]. Am 2018 No 27, Sch 1 [1].
41 Appeal to Local Court regarding dangerous dog declarations
(1) The owner of a dog can appeal to the Local Court:(a) against the declaration by an authorised officer of a council that the dog is a dangerous dog, or(b) against a refusal by a council to revoke a declaration that the dog is a dangerous dog.Note—No appeal lies to the Local Court against a declaration by an authorised officer of a council that a dog is a menacing dog or against a refusal by a council to revoke a declaration that the dog is a menacing dog.(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.(3) The fact that an appeal is pending does not affect the dog’s status as a dangerous dog and does not affect the appellant’s obligations under this Act as the owner of a dangerous dog, unless the Court otherwise orders.s 41: Am 2001 No 121, Sch 2.55 [1]; 2006 No 101, Sch 1 [28]; 2007 No 94, Sch 2; 2013 No 86, Sch 1 [37] [38].
42 Determination of appeals by Local Court
The Local Court may determine an appeal by confirming the decision of the authorised officer or the council (as the case requires) or by revoking the declaration.Note—The Local Court has power under Division 3 to make other orders to control a dog on an appeal from a decision of a council concerning a declaration (for example, the Court can order that the owner of a dog take such action as the Court thinks necessary to prevent the dog attacking persons or other animals).s 42: Am 2006 No 101, Sch 1 [29]; 2007 No 94, Sch 3.
43 (Repealed)
s 43: Rep 2005 No 101, Sch 1 [64].
Division 2 Power of Local Court to declare dogs dangerous or menacing
pt 5, div 2, hdg: Subst 2013 No 86, Sch 1 [39].
44 Local Court has power to declare dog to be dangerous or menacing dog
(1) In any proceedings under this Act before the Local Court (other than an appeal against a declaration by an authorised officer of a council that a dog is a dangerous dog or against a refusal by a council to revoke such a declaration), the Court may declare a dog to be a dangerous dog or a menacing dog.(2) A declaration by the Local Court has effect throughout the State.Note—Section 11 requires the owner of a dog to notify the Departmental Chief Executive when a dangerous dog or menacing dog declaration is made or revoked by the Local Court.s 44: Am 2006 No 101, Sch 1 [30]; 2007 No 94, Sch 2; 2013 No 86, Sch 1 [21] [40]; 2018 No 27, Sch 1 [1].
45 When Local Court can declare dog to be dangerous or menacing dog
(1) The Local Court may declare a dog to be a dangerous dog if the Court is satisfied that:(a) the dog is dangerous, orNote—Section 33 sets out the meaning of “dangerous” in relation to a dog for the purposes of this Act.(b) the dog has been declared a dangerous dog under a law of another State or a Territory that corresponds with this Act.(1A) The Local Court may declare a dog to be a menacing dog if the Court is satisfied that:(a) the dog is menacing because of any observed behaviour of the dog, or(b) the dog is of a menacing breed or kind of dog (or a cross-breed of a menacing breed or kind of dog), or(c) the dog has been declared a menacing dog under a law of another State or a Territory that corresponds with this Act.(2) Section 33 (2) applies for the purposes of subsection (1) (d).s 45: Subst 2006 No 101, Sch 1 [31]. Am 2007 No 94, Sch 3; 2013 No 86, Sch 1 [41].
46 Revocation of Local Court declaration
The Local Court can revoke a declaration made by a Court under this Division on the application of the owner of the dog concerned if the Court is satisfied that it is appropriate to do so in the circumstances.s 46: Am 2007 No 94, Sch 3.
Division 3 Powers of Courts to make destruction and control orders
47 Control orders
(1) A control order is an order of a Court that the owner of a dog take such action (other than destroying the dog) within the period specified in the order as the Court thinks necessary to prevent, or reduce the likelihood of, the dog attacking or causing injury to persons or animals.(2) A control order can be made by a Court in the following circumstances:(a) in proceedings for an offence under section 16, 17, 49, 51 or 56 of this Act, or under section 35A of the Crimes Act 1900,(b) on an appeal under this Act against the declaration by an authorised officer of a council that a dog is dangerous or against a council’s refusal to revoke such a declaration,(c) on the Court declaring the dog to be a dangerous dog or a menacing dog under Division 2.(3) The action that a control order can require the owner of a dog to take includes (without limiting any of the requirements that apply in relation to the dog under section 51 or 56) the following action:(a) the desexing of the dog,(b) the behavioural or socialisation training of the dog,(c) training that is associated with responsible pet ownership.(4) A control order can be made in addition to any other order made by the Court in the proceedings concerned.s 47: Am 2001 No 23, Sch 1 [23]; 2005 No 101, Sch 1 [65] [66]; 2006 No 101, Sch 1 [32]; 2013 No 86, Sch 1 [29] [42].
48 Destruction orders
(1) A destruction order is an order of a Court that the owner of a dog destroy the dog or cause the dog to be destroyed, or that a dog be destroyed by some person authorised by the Court, within the period specified in the order.(2) A destruction order can be made by a Court in the following circumstances:(a) on conviction of the owner of the dog of an offence under section 35A of the Crimes Act 1900, or under section 16, 17, 49, 51 or 56 of this Act,(b) on confirming the declaration by an authorised officer of a council that a dog is dangerous or a council’s refusal to revoke such a declaration.(3) However, a Court must not make a destruction order unless it is satisfied that the making of a control order, or an order permanently removing the dog from its owner (which the Court is, by this subsection, authorised to make), will not be sufficient to protect the public from any threat posed by the dog.(3A) A Court must, except in exceptional circumstances, make a destruction order on conviction of the owner of the dog of an offence involving the serious injury or death of a person caused by the dog.(4) If the Court makes an order permanently removing a dog from its owner, the dog is to be dealt with under Part 7 as if it were a seized animal. However, the dog is not to be sold to the owner from whom it was removed by the order.(5) The making of an order by a Court under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of a person charged with an offence is to be treated for the purposes of this section as a conviction of the person for the offence.(6) A destruction order can be made in addition to any other order made by the Court in the proceedings concerned.(7) A destruction order is sufficient authority for the destruction of a dog. The dog must be destroyed in a manner that causes it to die quickly and without unnecessary suffering.s 48: Am 1999 No 94, Sch 4.6; 2001 No 23, Sch 1 [24]; 2005 No 101, Sch 1 [67]; 2006 No 101, Sch 1 [32]; 2013 No 86, Sch 1 [43].
49 Failure to comply with destruction or control order
The owner of a dog who does not comply with a destruction or control order under this Division is guilty of an offence.Maximum penalty: 100 penalty units.s 49: Am 2006 No 101, Sch 1 [33].
50 Ancillary orders to enable destruction order to be carried out
(1) A Court may, if it makes a destruction order that a dog be destroyed by some person authorised by the Court, require the owner of the dog to take, within such period as is specified in the destruction order, such action as is, in the opinion of the Court, necessary to enable the destruction order to be carried out.(2) The Court may also make an order for the payment of any costs incurred in destroying the dog.(3) The owner of a dog who does not comply with an order under this section is guilty of an offence.Maximum penalty: 100 penalty units.s 50: Am 2006 No 101, Sch 1 [33].
Division 4 Responsibilities of owners of dangerous or menacing dogs
pt 5, div 4, hdg: Subst 2013 No 86, Sch 1 [44].
51 Owner of dangerous or menacing dog must comply with control requirements
(1) The owner of a dog that is declared to be a dangerous dog under this Act must ensure that each of the following requirements is complied with while the declaration is in force:(a) The dog must be desexed (if it is not already desexed) within 28 days after it is declared a dangerous dog. If the owner appeals against the declaration, the operation of this paragraph is stayed until the appeal is either withdrawn or determined.(b) The dog must not at any time be in the sole charge of a person under the age of 18 years.(c) Enclosure requirementsWhile the dog is on property on which the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations. The owner has 3 months from the date on which the dog is declared dangerous to comply. In the case of an existing dangerous dog, the owner has 6 months from the relevant date to comply.Note—A certificate of compliance in relation to the prescribed enclosure must be obtained by the owner of the dog—see section 58H.(c1) Until such time as the requirement under paragraph (c) is complied with, the dog must, while on property on which it is ordinarily kept, be kept in an enclosure that is sufficient to restrain the dog and prevent a child from having access to the dog.(d) One or more signs must be displayed on that property showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property on which the dog is ordinarily kept or, if the regulations provide for the signs required by this paragraph, complying with the regulations.(d1) Distinctive collar must be wornThe dog must at all times wear a collar of the kind prescribed by the regulations.(e) Dog must be kept on lead and be muzzledWhenever the dog is outside its enclosure, the dog:(i) must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and(ii) must be muzzled in a manner that is sufficient to prevent it from biting any person or animal.For the purposes of this paragraph, 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 dangerous dog) under his or her control at the one time.(f)–(h) (Repealed)(i) The owner must notify the council of the area in which the dog is ordinarily kept of the following matters within the time specified in relation to each of those matters:(i) that the dog (with or without provocation) has attacked or injured a person or an animal (other than vermin)—notice to be given within 24 hours after the attack or injury,(ii) that the dog cannot be found—notice to be given within 24 hours after the dog’s absence is first noticed,(iii) that the dog has died—notice to be given as soon as practicable after the death,(iv) (Repealed)(v) that the dog is no longer being ordinarily kept in the area of the council—notice to be given as soon as practicable after the change of location,(vi) that the dog is being ordinarily kept at a different location in the area of the council—notice to be given as soon as practicable after the change of location.(j) If the owner intends to keep the dog in the area of a council that is not the area in which the dog was ordinarily kept when the declaration was made, the owner must notify the council of the area in which the dog is intended to be ordinarily kept of his or her intention to do so.(k) The dog must, regardless of its age, be registered under this Act (if not already so registered) within 7 days after it is declared a dangerous dog.Note—Section 11 also requires the owner of a dog to notify the Departmental Chief Executive within 7 days after a Court declares the dog a dangerous dog or revokes the declaration. If the order is made or revoked by a council, the council is required to notify the Departmental Chief Executive (see section 40).(1A) The owner of a dog that is declared to be a menacing dog under this Act must ensure that each of the following requirements is complied with while the declaration is in force:(a) The dog must be desexed (if it is not already desexed) within 28 days after it is declared to be a menacing dog.(b) Enclosure requirementsDuring any period that the menacing dog:(i) is on property on which the dog is ordinarily kept, andthe dog must be enclosed in a manner that is sufficient to restrain the dog and prevent a child from having access to the dog.(ii) is not under the effective control of a person of or above the age of 18 years,(c) Dog must be kept on lead and be muzzledWhenever the menacing dog is outside property on which the dog is ordinarily kept, the dog:(i) must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and(ii) must be muzzled in a manner that is sufficient to prevent it from biting any person or animal.For the purposes of this paragraph, 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 menacing dog) under his or her control at the one time.(d) The requirements set out in subsection (1) (b), (d), (d1), (i), (j) and (k). The reference in subsection (1) (k) to a dangerous dog is taken for the purposes of this paragraph to be a reference to a menacing dog.Note—Section 11 also requires the owner of a dog to notify the Departmental Chief Executive within 7 days after a Court declares the dog a menacing dog or revokes the declaration. If the order is made or revoked by a council, the council is required to notify the Departmental Chief Executive (see section 40).(2) An owner of a dog who does not comply with any of the requirements of this section is guilty of an offence.Maximum penalty: 150 penalty units.(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.(4) The requirements imposed under this section on the owner of a dangerous dog or menacing dog are additional to the other requirements of this Act imposed on the owner of a dog.(5) In subsection (1) (c):existing dangerous dog means a dog that is the subject of a declaration by a council or court under this Part and in force immediately before the relevant date.relevant date means the date on which this subsection (as inserted by the Companion Animals Amendment Act 2005) commences.s 51: Am 2001 No 23, Sch 1 [25]–[27]; 2005 No 101, Sch 1 [68]–[75]; 2006 No 101, Sch 1 [34]–[38]; 2013 No 86, Sch 1 [21] [45] [46]; 2018 No 27, Sch 1 [1].
52 Dangerous or menacing dog may be seized if control requirements not complied with
(1) An authorised officer may seize a dangerous or menacing dog if the officer is satisfied that any of the requirements of section 51 have not been complied with in relation to the dog.(2) If a dog is seized under subsection (1), Part 7 applies in relation to the dog.(3) However, a claim for the dog may be made under section 64 only if an authorised officer of the council of the area in which the dog is ordinarily kept is satisfied that each of the requirements of section 51 is capable of being complied with in relation to the dog.s 52: Am 2001 No 23, Sch 1 [28]. Subst 2005 No 101, Sch 1 [76]. Am 2013 No 86, Sch 1 [47].
52A Prohibition on selling dangerous or menacing dog or proposed dangerous or menacing dog
(1) A person who sells, or advertises the sale of, a dangerous or menacing dog or proposed dangerous or menacing 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 or menacing dog or proposed dangerous or menacing dog to a council pound or an approved animal welfare organisation.Note—A dangerous or menacing 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 or menacing dog means a dog that is the subject of a proposed declaration under Division 1.s 52A: Ins 2006 No 101, Sch 1 [39]. Am 2013 No 86, Sch 1 [47].
52B Prohibition on accepting ownership of dangerous or menacing dog or proposed dangerous or menacing dog
(1) A person who accepts ownership of a dangerous or menacing dog or proposed dangerous or menacing 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 or menacing dog or proposed dangerous or menacing dog.s 52B: Ins 2006 No 101, Sch 1 [39]. Am 2013 No 86, Sch 1 [47].
53 Inconsistency with agreements
In the event of an inconsistency between this Division and the provisions of any agreement, covenant or instrument, this Division is to prevail, but to the extent only of the inconsistency.Note—For example, the requirement under this Division that the owner of a dangerous or menacing dog display a warning sign on premises would override a provision in a lease prohibiting the fixing of any sign to a building.s 53: Am 2013 No 86, Sch 1 [47].
54 Civil liability of owner of dangerous or menacing dog
The mere fact that a dog has at any time been declared to be a dangerous or menacing dog under this Act does not affect the civil liability of the owner of the dog in any proceedings (other than proceedings under this Act).s 54: Am 2013 No 86, Sch 1 [48].
Division 5 Special restrictions for other dogs
55 Interpretation
(1) The following dogs are restricted dogs for the purposes of this Act:(a) American pit bull terrier or pit bull terrier,(b) Japanese tosa,(c) dogo Argentino,(c1) Perro de Presa Canario or Presa Canario,(d) fila Brasileiro,(d1) any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth,(e) any dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog,(f) any other dog of a breed, kind or description prescribed by the regulations for the purposes of this section.(2) In this Division:existing restricted dog means a dog that is a restricted dog as at the relevant date.proposed restricted dog means a dog that is the subject of a proposed declaration by an authorised officer of a council under section 58C.relevant date means the date on which Division 6 of this Part (as inserted by the Companion Animals Amendment Act 2005) commences.transition period means the period beginning on the relevant date and ending 12 months after that date.s 55: Subst 2005 No 101, Sch 1 [77]. Am 2006 No 58, Sch 1.5 [1]–[3]; 2006 No 101, Sch 1 [40]; 2018 No 27, Sch 1 [10].
56 Owner of restricted dog must comply with control requirements
(1) The owner of a restricted dog must ensure that each of the following requirements is complied with:(a) DesexingIn the case of an existing restricted dog, the dog must be desexed within 28 days after the relevant date.In the case of a dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog, the dog must be desexed within 28 days after it is declared to be a restricted dog.In the case of any other restricted dog born after the relevant date, the dog must be desexed within 3 months of being born.(a1) Enclosure requirementsWhile the dog is on property on which the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations.In the case of an existing restricted dog, or a restricted dog born within 3 months after the relevant date, the owner has 6 months from the relevant date to comply with this paragraph.Otherwise, the owner has 3 months from the date on which the restricted dog is born or 3 months from the date on which the dog is declared to be a restricted dog under Division 6 of this Part (as the case requires) to comply with this paragraph.Note—A certificate of compliance in relation to the prescribed enclosure must be obtained by the owner of the dog—see section 58H.(a2) Until such time as the requirement under paragraph (a1) is complied with in relation to the dog, the dog must, while on property on which it is ordinarily kept, be kept in an enclosure that is sufficient to restrain the dog and prevent a child from having access to the dog.(b) The dog must not at any time be in the sole charge of a person under the age of 18 years.(c) One or more signs must be displayed on that property showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property on which the dog is ordinarily kept or, if the regulations provide for the signs required by this paragraph, complying with the regulations.(c1) Distinctive collar must be wornThe dog must at all times wear a collar of the kind prescribed by the regulations.(d) Dog must be kept on lead and be muzzledWhenever the dog is outside its enclosure, the dog:(i) must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and(ii) must be muzzled in a manner that is sufficient to prevent it from biting any person or animal.For the purposes of this paragraph, 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 restricted dog) under his or her control at the one time.(e), (f) (Repealed)(g) The owner must notify the council of the area in which the dog is ordinarily kept of the following matters within the time specified in relation to each of those matters:(i) that the dog (with or without provocation) has attacked or injured a person or animal (other than vermin)—notice to be given within 24 hours after the attack or injury,(ii) that the dog cannot be found—notice to be given within 24 hours after the dog’s absence is first noticed,(iii) that the dog has died—notice to be given as soon as practicable after the death,(iv) (Repealed)(v) that the dog is no longer being ordinarily kept in the area of the council—notice to be given as soon as practicable after the change of location,(vi) that the dog is being ordinarily kept at a different location in the area of the council—notice to be given as soon as practicable after the change of location.(h) Registration of dogIn the case of a dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog, the dog must, regardless of its age, be registered (if not already registered) within 7 days after it is declared to be a restricted dog.(2) An owner of a dog who does not comply with any of the requirements of this section is guilty of an offence.Maximum penalty: 150 penalty units.(3) The requirements imposed under this section on the owner of a restricted dog are additional to the other requirements of this Act imposed on the owner of a dog.(4) In the event of an inconsistency between this section and the provisions of any agreement, covenant or instrument, this section is to prevail, but to the extent only of the inconsistency.s 56: Am 2001 No 23, Sch 1 [29]; 2005 No 101, Sch 1 [78]–[85]; 2006 No 101, Sch 1 [40] [41].
57 Restricted dog may be seized if control requirements not complied with
(1) Seizure during transition period An authorised officer may, during the transition period, seize a restricted dog if the officer is satisfied that any of the requirements of section 56 have not been complied with in relation to the dog.(2) If a dog is seized under subsection (1), Part 7 applies in relation to the dog.(3) However, a claim for the dog may be made under section 64 only if an authorised officer of the council of the area in which the dog is ordinarily kept is satisfied that each of the requirements of section 56 is capable of being complied with in relation to the dog.(4) Seizure after transition period If, after the transition period, an authorised officer of a council is satisfied that any of the requirements of section 56 have not been complied with in relation to a restricted dog, the authorised officer may seize the dog.(5) If a dog is seized under subsection (4):(a) the dog is to be delivered as soon as possible to a council pound, and(b) the council or the pound operator, as the case requires, may destroy the dog.(6) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (4).s 57: Am 2001 No 23, Sch 1 [30]. Subst 2005 No 101, Sch 1 [86].
57A Prohibition on selling restricted dog or proposed restricted dog
(1) A person who sells, or advertises the sale of, a restricted dog or proposed restricted 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 dog to a council pound or an approved animal welfare organisation.Note—A restricted dog that is surrendered to a council pound or an approved animal welfare organisation cannot be sold.ss 57A–57C: Ins 2005 No 101, Sch 1 [87].
57B Prohibition on accepting ownership of restricted dog or proposed restricted dog
(1) A person who accepts ownership of a restricted dog or proposed restricted dog is guilty of an offence.Maximum penalty: 150 penalty units.(2) A person does not commit an offence under this section 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.ss 57A–57C: Ins 2005 No 101, Sch 1 [87].
57C Prohibition on breeding restricted dog or proposed restricted dog
A person:(a) who causes or permits a restricted dog or proposed restricted dog to breed with any other dog, oris guilty of an offence.(b) who advertises that a restricted dog or proposed restricted dog is available for breeding,Maximum penalty: 150 penalty units.ss 57A–57C: Ins 2005 No 101, Sch 1 [87].
57D Declared restricted dogs may be seized and destroyed after transition period
(1) This section applies to any dog that becomes, any time after the transition period, a restricted dog because of a declaration by an authorised officer of a council under Division 6 of this Part.(2) However, this section does not apply to any such dog if:(a) the dog was, before the relevant date, registered under this Act (or a corresponding Act of another State or Territory) otherwise than as a breed or kind of dog referred to in section 55 (1) (a)–(d1) or as a cross-breed of any such breed or kind of dog, and(b) no person has been convicted, whether before or after the relevant date, of an offence under section 16 (1), (1AA) or (1AB) (or a similar offence under a corresponding Act of another State or Territory) as a result of the dog rushing at, attacking, biting, harassing or chasing any person or animal.(3) An authorised officer may seize a dog to which this section applies. The officer may do so regardless of whether the requirements of section 56 have been, or are capable of being, complied with in relation to the dog.(4) If a dog is seized under subsection (3):(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.(5) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (3).s 57D: Ins 2005 No 101, Sch 1 [87]. Am 2006 No 58, Sch 1.5 [4]; 2006 No 101, Sch 1 [40] [42]; 2013 No 86, Sch 1 [49].
58 Civil liability of owner of restricted dog
The mere fact that a dog is a restricted dog does not affect the civil liability of the owner of the dog in any proceedings (other than proceedings under this Act).
Division 6 Declaration of dogs as restricted dogs
pt 5, div 6, hdg: Ins 2005 No 101, Sch 1 [88]. Am 2006 No 101, Sch 1 [43].
pt 5, div 6: Ins 2005 No 101, Sch 1 [88].
58A Notice of intention to declare dog to be restricted dog
(1) If an authorised officer of a council is of the opinion that a dog:(a) is of a breed or kind of dog referred to in section 55 (1) (a)–(d1), orthe authorised officer may give notice to the owner of the dog of the officer’s intention to declare the dog to be a restricted dog.(b) is a cross-breed of any such breed or kind of dog,(2) The notice is to be in the approved form and must set out:(a) the requirements that the owner of the dog will be required to comply with if the declaration is made, and(b) the procedures associated with obtaining a breed or temperament assessment (as referred to in section 58C) in relation to the dog.(3) (Repealed)s 58A: Ins 2005 No 101, Sch 1 [88]. Am 2006 No 58, Sch 1.5 [5]; 2006 No 101, Sch 1 [17] [19] [40] [44].
58B Obligations of owner when notified of proposed restricted dog declaration
(1) If a notice is given under section 58A to the owner of a dog of an authorised officer’s intention to declare the dog to be a restricted dog, 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 that is attached to the dog and is held by (or secured to) the person, 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), regardless of its age, within 7 days after receiving the notice.Note—Registration of a dog requires the dog to be microchipped.Maximum penalty: 50 penalty units.(2) 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.(3) Subsection (1) (a) only applies in respect of a dog:(a) for 28 days after the notice is given to the dog’s owner, orwhichever happens first.(b) until the authorised officer notifies the owner that the authorised officer has made the proposed declaration or has decided not to make it,(4) An authorised officer may seize a dog that is the subject of a proposed declaration if:(a) the officer is satisfied that:(i) the requirements of subsection (1) (a) have not been complied with in relation to the dog, or(ii) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or(b) the dog is not registered (regardless as to whether the 7 day period referred to in subsection (1) (b) has expired).(4A) An authorised officer may seize a dog under subsection (4) (a) only during the period when subsection (1) (a) applies in respect of the dog.(5) If a dog is seized under subsection (4), Part 7 applies in respect of the dog with the following modifications:(a) a claim for the dog cannot be made under section 64 unless an authorised officer is satisfied that:(i) the requirements of subsection (1) (a) are capable of being complied with in relation to the dog, and(ii) the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, and(iii) the dog has been registered,(b) if the dog is declared to be a restricted dog, the dog may not be destroyed under section 64 until 7 days after notice is given to the owner of the dog under section 58D.s 58B: Ins 2005 No 101, Sch 1 [88]. Am 2006 No 101, Sch 1 [19] [45] [46]; 2007 No 27, Sch 1.7 [7]–[11]; 2013 No 86, Sch 1 [50] [51].
58C Authorised officer may declare dog to be restricted dog
(1) Declaration by council If a notice of intention to declare a dog to be a restricted dog is given under section 58A to the owner of the dog, the authorised officer who gave the notice (or any other authorised officer of the council) may, after the period of 28 days following the giving of the notice, declare the dog to be a restricted dog. It does not matter if the dog is ordinarily kept in another council’s area.(2) Certification in relation to dog’s breed or temperament may be provided An authorised officer of a council is not to declare the dog to be a restricted dog if, within the period of 28 days following the giving of the notice under section 58A, the owner of the dog:(a) provides the authorised officer with a written statement by an approved breed assessor to the effect that the dog:(i) is not of a breed or kind of dog referred to in section 55 (1) (a)–(d1), and(ii) is not a cross-breed of any such breed or kind of dog, or(b) provides the authorised officer with:(i) a written statement by an approved breed assessor to the effect that the dog is not of a breed or kind of dog referred to in section 55 (1) (a)–(d1) but is a cross-breed of any such breed or kind of dog, and(ii) a written statement by an approved temperament assessor to the effect that the dog is not a danger to the public and is not likely, without provocation, to attack or bite any person or animal.(3) Without limiting the form in which a written statement by an approved breed assessor may be in for the purposes of subsection (2), any such written statement may be in the form of, or comprise, a certificate that is of a kind or description prescribed by the regulations.(4) The owner of a dog that is the subject of a proposed declaration under this section:(a) cannot, despite any other provision of this Act, rely on or produce, any evidence with respect to the dog’s breed or temperament (including any information entered on the Register as to the dog’s breed) apart from a written statement as referred to in this section, and(b) is liable to pay for any costs associated with obtaining a written statement from an approved breed assessor or approved temperament assessor for the purposes of this section.(5) An authorised officer of a council may, in any particular case, extend the 28-day period referred to in subsection (2) for a further period because of extenuating circumstances.(6) Any written statement provided by an approved breed assessor or approved temperament assessor for the purposes of this section may not be challenged, reviewed, quashed or called into question on any grounds before any court or tribunal in any legal proceedings.s 58C: Ins 2005 No 101, Sch 1 [88]. Am 2006 No 58, Sch 1.5 [6]; 2006 No 101, Sch 1 [16] [19] [47].
58D Authorised officer to notify dog owner of decision and consequences
(1) An authorised officer of a council must give notice to the owner of a dog when the authorised officer declares the dog to be a restricted dog or decides not to declare the dog to be a restricted dog. The notice must be given within 7 days after the declaration or decision is made.(2) A notice that a dog has been declared a restricted dog must set out the requirements and restrictions imposed on the owner under this Part and the date or dates by which the owner must comply with those requirements.(3) A declaration by an authorised officer of a council under this Division:(a) has effect from the date specified in the notice or the date on which notice is given (whichever is the later), and(b) has effect throughout the State and is not limited in its operation to the area of the council whose authorised officer made the declaration, and(c) may be revoked at any time by the council whose authorised officer made the declaration.(4) A declaration or other decision by an authorised officer of a council under this Division is final and is not subject to any appeal or review.(5) (Repealed)s 58D: Ins 2005 No 101, Sch 1 [88]. Am 2006 No 101, Sch 1 [16] [22] [25] [40] [48].
58DA Departmental Chief Executive 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 Departmental Chief Executive within 7 days.(2) A council that revokes a declaration under this Division must give notice of the revocation to the Departmental Chief Executive within 7 days.s 58DA: Ins 2006 No 101, Sch 1 [49]. Am 2018 No 27, Sch 1 [1].
58E Protection from liability of assessors
An approved breed assessor or approved temperament assessor does not incur any civil or criminal liability in respect of anything done or omitted to be done in good faith by the assessor in connection with carrying out an assessment of a dog’s breed or temperament for the purposes of this Division.s 58E: Ins 2005 No 101, Sch 1 [88].
58F Persons authorised to provide certain information to councils
(1) Any person (other than a council) who is authorised by or under this Act to identify or register companion animals may, despite any other Act or law, provide any information (including the person’s opinion as to the breed or temperament of a dog) to a council that may result in any action being taken under this Division in relation to a dog.(2) A 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.s 58F: Ins 2005 No 101, Sch 1 [88]. Am 2006 No 101, Sch 1 [46].
Division 7 Other provisions relating to dangerous, menacing and restricted dogs
pt 5, div 7, hdg: Ins 2006 No 101, Sch 1 [50]. Subst 2013 No 86, Sch 1 [52].
pt 5, div 7: Ins 2006 No 101, Sch 1 [50].
58G Power to seize and destroy dangerous, menacing or restricted dog in certain circumstances
(1) Seizing dangerous, menacing or restricted dog that attacks An authorised officer may seize a dangerous, menacing or restricted dog if the dog attacks or bites a person or animal (other than vermin) without provocation.(1A) Seizing dangerous dog if certain control requirements not complied with An authorised officer may seize a dangerous dog if the requirements referred to in section 51 (1) (c), (c1) or (e) are not complied with in relation to the dog.(1B) Seizing menacing dog if certain control requirements not complied with An authorised officer may seize a menacing dog if the requirements referred to in section 51 (1A) (b) or (c) 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).Note—See section 57 (4) for the power to seize a restricted dog for non-compliance with any of the control requirements under section 56.(2) If a dog is seized under this section:(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 under subsection (1A), 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 this section.(5) This section does not limit the power of an authorised officer to seize a dangerous, menacing or restricted dog under any other provision of this Act.s 58G: Ins 2006 No 101, Sch 1 [50]. Am 2007 No 27, Sch 1.7 [12]–[14]; 2013 No 86, Sch 1 [3] [53].
58H Certificate 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.s 58H: Ins 2006 No 101, Sch 1 [50]. Am 2013 No 86, Sch 1 [3] [22]; 2015 No 58, Sch 1.4 [1] [2].
58I Miscellaneous provisions relating to declarations
(1) A declaration that a dog is a dangerous dog is taken to revoke any declaration that the dog is a menacing dog.(2) A declaration that a dog is a menacing dog is taken to revoke any declaration that the dog is a dangerous dog.(3) A declaration that a dog is a dangerous or menacing dog does not prevent the issuing of an order under section 32A (Nuisance dogs) in relation to the dog.s 58I: Ins 2013 No 86, Sch 1 [54].
Part 6 Assistance animals
59 Person with a disability entitled to be accompanied by assistance animal
(1) A person with a disability is entitled to be accompanied by an assistance animal being used bona fide by the person to assist the person, into or onto any building or place open to or used by the public or on any public transport.(2) The person is not guilty of an offence merely because the person takes the animal into or onto or permits the animal to enter or be in or on any such building or place or any public transport while the person is using the animal bona fide to assist the person.(3) This section applies despite the provisions of any other Act or instrument made under an Act.
60 Assistance animal not to be denied entry
(1) An occupier or person in charge or control of a building or place open to or used by the public or a person in charge or control of any public transport must not, without reasonable cause, refuse to permit a person to take an assistance animal into or onto, or while accompanied by an assistance animal to enter or be in or on, that building or place or public transport if the person has a disability and is using the animal bona fide to assist him or her.Maximum penalty: 15 penalty units.(2) A person prosecuted for a contravention of this section is not entitled to any defence to that prosecution that relies for its efficacy on the presence of the animal concerned.s 60: Am 2005 No 101, Sch 1 [89]; 2018 No 27, Sch 1 [12].
61 Unlawful to impose charge for entry of assistance animal
(1) An occupier or person in charge or control of a building or place open to or used by the public or a person in charge or control of any public transport must not impose a charge on or in respect of a person with a disability who is accompanied by an assistance animal used bona fide by the person to assist him or her and who is taking the animal into or onto, or is entering or is in or on, that building or place or public transport, unless the charge would have been imposed on or in respect of that person if the person had not been accompanied by the animal.Maximum penalty: 15 penalty units.(2) A person (the defendant) does not contravene subsection (1) by imposing a charge in respect of an animal accompanying a person if the defendant proves that:(a) in the circumstances it was reasonably necessary for the defendant to supply accommodation for the animal additional to that supplied for the person, that the charge was imposed for that additional accommodation, and that the charge was a reasonable charge in the circumstances, or(b) the defendant reasonably incurred additional expense because of the presence of the animal, that the charge imposed was to recompense the defendant for that additional expense, and that the charge was a reasonable charge in the circumstances.(3) When a person is convicted of an offence under this section in respect of a charge imposed on another person, the court may, upon application made by that other person, order the convicted person to refund the amount of that charge.(4) The court’s order operates as an order for the payment of money under the Civil Procedure Act 2005 and is enforceable as such an order under that Act. The order can for the purpose of enforcing it be entered in the records of the court exercising jurisdiction under the Civil Procedure Act 2005 at the place where the order was made, in such manner as may be prescribed by rules made under that Act.s 61: Am 2005 No 101, Sch 1 [90]; 2006 No 120, Sch 2.15; 2018 No 27, Sch 1 [13].
Part 7 Procedures for dealing with seized or surrendered animals
pt 7, hdg: Am 2005 No 101, Sch 1 [91].
Note—
This Part generally applies in relation to companion animals that are seized under the authority of this Act or that otherwise end up at council pounds. The requirements and procedures of this Part are not intended to apply to lost or injured animals that are taken by members of the public to animal welfare organisations (such as the RSPCA) or to a vet merely so that they can be treated or reunited with their owners. The Part also does not apply to animals that are surrendered to animal welfare organisations (unless the organisation also operates as a council pound).
If companion animals (other than those seized under the authority of this Act) end up at a council pound (eg by being surrendered or abandoned), they may be dealt with by the pound operator under this Part.
pt 7, note: Ins 2005 No 101, Sch 1 [92].
62A Interpretation
(1) In this Part:approved person means:(a) an approved animal welfare organisation, or(b) any person authorised by the Departmental Chief Executive under section 75 (7) (a1) to have access to information contained in the Register for the purposes of identifying seized or lost animals.approved premises means any premises (other than a council pound) operated by an approved person.seized animal means an animal that is seized under the authority of this Act.surrendered animal means a companion animal that:(a) is surrendered to a council pound, or(b) has come into the possession of a council pound otherwise than by being seized under the authority of this Act.(2) A reference in this Part to a council is, in relation to a council pound referred to in paragraph (b) of the definition of that term in section 5, a reference to the pound operator.s 62A: Ins 2005 No 101, Sch 1 [93]. Am 2018 No 27, Sch 1 [1].
62 Seized animals must be delivered to owner, council pound or approved premises
(1) A person who seizes an animal under the authority of this Act must cause the seized animal to be delivered as soon as possible:(a) to its owner, or(b) to a council pound, or(c) to any approved premises.Maximum penalty: 30 penalty units.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.(2) In the case of an animal that has been seized by a person who is not an authorised officer, subsection (1) is complied with by the person if the person, as soon as possible after seizing the animal, makes an arrangement with an authorised officer for the animal to be delivered by the officer to its owner, a council pound or approved premises.s 62: Subst 2005 No 101, Sch 1 [94]. Am 2006 No 101, Sch 1 [51].
63 Owner of seized or surrendered animal to be notified
(1) When a seized animal is delivered to a council pound or approved premises, the person in charge of the pound or premises is to give notice of the seizure of the animal to the person who appears (from the best endeavours of the person in charge to establish who the owner is) to be the owner of the animal. Notice of seizure need not be given if those best endeavours fail to establish the name and address of the owner of the animal.(1A) When a surrendered animal (other than an animal surrendered by its owner) comes into the possession of a council pound, the person in charge of the pound is to give notice of the possession of the animal to the person who appears (from the best endeavours of the person in charge to establish who the owner is) to be the owner of the animal. Notice of possession need not be given if those best endeavours fail to establish the name and address of the owner of the animal.(2) Without limiting the requirement that the person in charge of a pound or approved premises use his or her best endeavours to establish who the owner of an animal is, the person must make the following inquiries:(a) inquiries to determine whether the animal is registered or identified as required by this Act and, if so, a search of the Register to find the name and address of the owner of the animal,(b) inquiries based on any form of identification worn by the animal,(c) such other inquiries as the regulations may require be made.(3) The notice required by this section is to be in writing and is to be given:(a) by being served personally on the person to whom it is required to be given, or(b) by sending it by post to the person to whom it is required to be given at that person’s address, being the address shown in the Register as the address of the owner or at such other address as appears to the person who gives the notice to be the owner’s address, or(c) by leaving it with some other person for the person to whom it is required to be given at that person’s address.(4) The regulations may impose requirements on the form and contents of the notice required by this section and may provide for other ways in which the notice can be served.s 63: Am 2005 No 101, Sch 1 [95] [96]; 2007 No 27, Sch 1.7 [15].
63A Seized animals detained at approved premises
(1) If a seized animal that is detained at approved premises is not claimed after the period of 72 hours following the delivery of the animal to the approved premises, the person in charge of the premises must cause the animal to be delivered to a council pound.(2) For the purposes of this section, an animal is claimed when a person who appears to the person in charge of the approved premises to be the owner of the animal or acting on the owner’s behalf claims the animal.s 63A: Ins 2005 No 101, Sch 1 [97].
64 Unclaimed seized or surrendered animal may be sold or destroyed
(1) If a seized animal (including an animal delivered to a council pound under section 63A) or a surrendered animal (other than an animal surrendered by its owner) has not been claimed, the council may sell or destroy the animal:(a) if notice under section 63 (1) or (1A) has been given—after the period of 14 days following the giving of the notice, or(b) if such a notice is not required to be given—after the animal has been held at the council pound for a period of 7 days.(2) However, the council may, in accordance with any policy that has been adopted by the council in relation to the management of feral or infant companion animals, destroy the seized or surrendered animal concerned before the end of any such period referred to in subsection (1).(2A) Any policy adopted by the council for the purposes of subsection (2) must comply with such guidelines as may be issued by the Departmental Chief Executive.(3) An animal is claimed when:(a) a person who appears to the person in charge of the pound to be the owner of the animal or acting on the owner’s behalf claims the animal, and(b) the fees for the release of the animal (being fees determined by the council under this Part) are paid to the council, and(c) the charges for the animal’s maintenance while it was detained by the council (being charges determined by the council under this Part) are paid to the council.(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, anduntil such time as those investigations are completed or those proceedings are finally determined.(b) the animal may not be claimed,(4) An unregistered animal that is required to be registered cannot be claimed until an application for registration of the animal has been properly made (and any registration fee that is payable has been paid). The regulations may create exceptions to this subsection.(5) Before destroying a seized or surrendered animal as authorised by subsection (1), it is the duty of the council concerned to consider whether there is an alternative action to that of destroying the animal and (if practicable) to adopt any such alternative.(6) This section does not authorise a council to sell a dangerous, menacing or restricted dog.s 64: Am 2001 No 23, Sch 1 [31]; 2005 No 101, Sch 1 [98]–[101]; 2006 No 101, Sch 1 [52] [53]; 2007 No 27, Sch 1.7 [16] [17]; 2013 No 86, Sch 1 [3]; 2018 No 27, Sch 1 [1].
64A Animals surrendered by owners may be sold or destroyed
(1) A council may at any time sell or destroy a surrendered animal if the animal was surrendered by its owner to the council pound.(2) Before destroying a surrendered animal as authorised by subsection (1), it is the duty of the council concerned to consider whether there is an alternative action to that of destroying the animal and (if practicable) to adopt any such alternative.(3) This section does not authorise a council to sell a dangerous, menacing or restricted dog.s 64A: Ins 2005 No 101, Sch 1 [102]. Am 2006 No 101, Sch 1 [53]. Subst 2007 No 27, Sch 1.7 [18]. Am 2013 No 86, Sch 1 [3].
65 Fees and charges payable when animal detained or held
(1) A council can determine the following fees and charges for the purposes of this Part:(a) release fees, being fees to be paid for the release of an animal detained or held under this Part, and(b) maintenance charges, being charges to be paid for the maintenance of an animal while it is detained or held by the council under this Part.(2) Different fees and charges can be determined by a council in respect of different breeds, kinds or classes of animals.(3) The Minister can issue guidelines to councils from time to time with respect to the fixing of fees and charges under this section and councils are to comply with those guidelines.(4) The regulations may set maximum amounts for the fees and charges that can be determined by councils under this section.s 65: Am 2005 No 101, Sch 1 [103].
66 Owner not entitled to compensation for sale of animal
(1) A council that sells an animal under this Part may transfer the proceeds of sale to such of its funds as it considers appropriate. The money then becomes the property of the council.(2) A person who claims to be the owner of an animal sold by a council under this Part is not entitled to any compensation for the sale.(3) If the proceeds of sale of an animal are less than the release fees and maintenance charges determined by the council under this Part (together with any expenses reasonably incurred by the council in selling the animal), the council is entitled to recover from the person who was the owner of the animal at the time it was seized or surrendered the whole or part of the difference between the proceeds of the sale and the amount of those fees, charges and expenses.s 66: Am 2005 No 101, Sch 1 [104].
67 Recovery of fees and charges when animal destroyed
If a seized or surrendered animal is destroyed by the council under this Part, the council is entitled to recover the following amounts from a person who was the owner of the animal at the time it was seized or surrendered:(a) the release fees and maintenance charges determined by the council under this Part,(b) if the council so resolves, the whole or part of any expenses reasonably incurred by the council in destroying the animal.s 67: Am 2005 No 101, Sch 1 [105].
67A Reporting on pound activities
The Departmental Chief Executive may require a council to report to the Departmental Chief Executive on any matter relating to the activities of a council pound operated by the council or the council’s agent.s 67A: Ins 2005 No 101, Sch 1 [106]. Am 2018 No 27, Sch 1 [1].
68 Offence of rescuing seized animal
(1) A person who rescues or attempts to rescue an animal seized under the authority of this Act or an animal lawfully detained after seizure under the authority of this Act is guilty of an offence.Maximum penalty: 5 penalty units.(2) A person convicted of an offence under this section of rescuing an animal lawfully detained by a council is, in addition to any penalty imposed, liable to pay the charges for the maintenance of the animal while it was detained by the council (being charges determined by the council under this Part).(3) If 2 or more persons are convicted in respect of the one offence under this section, any charges payable under this section are, if the court so orders, payable in full by one of those persons or payable by any or all of those persons in such proportions as the court orders.
69 Protection of council and council officers
(1) A person who destroys an animal under a power conferred by this Act is not liable in damages for any loss that the owner of the animal or any other person has sustained as a result of that action and nor is a council that authorised the person, unless it is established that the person or council did not act in good faith.(2) When an animal is sold under a power conferred by this Act:(a) the buyer obtains the ownership of the animal freed and discharged from any right, interest, trust or obligation to which it was subject immediately before sale, and(b) the person who was the owner of the animal immediately before its sale ceases to have any claim in respect of the animal or any right of action in respect of the sale except as specifically provided by this Act.(3) A person is not prevented from recovering damages from a council in respect of the sale of an animal if the person establishes that the council, or the person who effected the sale, did not act in good faith or acted without reasonable care.
Part 7A Enforcement powers
pt 7A: Ins 2005 No 101, Sch 1 [107].
Division 1 Powers of entry
pt 7A, div 1 (ss 69A–69D): Ins 2005 No 101, Sch 1 [107].
69A Powers of authorised officers to enter property
(1) An authorised officer may, at any reasonable time, enter any property for any of the following purposes:(a) to seize or secure any companion animal that the officer is authorised to seize or secure under this Act,(b) to determine whether there has been compliance with, or a contravention of, this Act or the regulations.(2) Before entering any property under this section, an authorised officer must give the occupier of the property reasonable notice of the intention to enter the property unless:(a) entry is made with the consent of the occupier of the property, or(b) entry is, in the opinion of the authorised officer, required urgently because of the existence or reasonable likelihood of a serious risk to the health or safety of any person or animal, or(c) entry is made for the purposes of seizing or securing a dog under section 18, or(d) the giving of the notice would, in the opinion of the authorised officer, defeat the purpose for which it is intended to enter the property.(3) The powers of entry conferred by this section are not exercisable in relation to any part of premises used only for residential purposes except:(a) with the permission of the occupier of the premises, or(b) under the authority conferred by a search warrant under section 69D.pt 7A, div 1 (ss 69A–69D): Ins 2005 No 101, Sch 1 [107].
69B Powers of authorised officers to do things on entered property
(1) An authorised officer may, on any property lawfully entered under section 69A, do anything that in the opinion of the authorised officer is necessary to be done for the purposes referred to in that section, including (but not limited to) the things specified in subsection (2).(2) An authorised officer may do any of the following:(a) make such examinations, inquiries and tests as the authorised officer considers necessary (including the scanning of a companion animal to ascertain its identification information),(b) take such photographs, films, audio, video and other recordings as the authorised officer considers necessary,(c) require records (including certificates of registration in relation to a companion animal) to be produced for inspection,(d) examine, inspect and copy any records,(e) seize anything that the authorised officer has reasonable grounds for believing is connected with an offence under this Act or the regulations,(f) do anything else the authorised officer is empowered to do under this Act.(3) The power to seize anything connected with an offence includes a power to seize:(a) a thing with respect to which the offence has been committed, and(b) a thing that will afford evidence of the commission of the offence, and(c) a thing that was used for the purpose of committing the offence.A reference to any such offence includes a reference to an offence that there are reasonable grounds for believing has been committed.pt 7A, div 1 (ss 69A–69D): Ins 2005 No 101, Sch 1 [107].
69C Use of assistants and reasonable force
The functions of an authorised officer under sections 69A and 69B may be exercised with the aid of assistants and with the use of reasonable force.pt 7A, div 1 (ss 69A–69D): Ins 2005 No 101, Sch 1 [107].
69D Search warrants
(1) A police officer may apply to a relevant person for the issue of a search warrant if the officer believes on reasonable grounds that an offence under this Act or the regulations is being or has been committed on any property.(2) The relevant person may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising a police officer named in the warrant:(a) to enter the property, and(b) to exercise any of the functions of an authorised officer under section 69B.(3) Division 4 of Part 5 of the Law Enforcement (Powers and Responsibilities) Act 2002 applies to a search warrant issued under this section.Note—Among other things, Division 4 of Part 5 of that Act provides for the use of reasonable force to enter premises (see section 70) and enables a person to execute a search warrant with the aid of assistants (see section 71).(4) In this section:relevant person means an authorised officer within the meaning of the Law Enforcement (Powers and Responsibilities) Act 2002.pt 7A, div 1 (ss 69A–69D): Ins 2005 No 101, Sch 1 [107].
Division 2 General
pt 7A, div 2: Ins 2005 No 101, Sch 1 [107].
69E Power to ascertain identification information of companion animals
(1) An authorised officer may, at any time while in a public place, take such steps as the officer considers necessary in order to ascertain the identification information of a companion animal (including scanning the animal).(2) The authorised officer may do so only:(a) if the officer reasonably suspects that an offence under this Act or the regulations in respect of the companion animal has been committed, or(b) in the case of an authorised officer of a council, for the purposes of exercising the council’s functions under Division 6 of Part 5.(3) This section does not prevent companion animals that have been lawfully seized, secured or detained by any person (including an authorised officer) under this Act from being scanned after they have been seized, secured or detained.s 69E: Ins 2005 No 101, Sch 1 [107].
69F Identification of authorised officers of councils
(1) Each authorised officer of a council is to be provided by the council with an identification card as an authorised officer.(2) In the course of exercising the functions of an authorised officer under this Part, an authorised officer of a council must, if requested to do so by any person affected by the exercise of any function, produce the officer’s identification card to the person.s 69F: Ins 2005 No 101, Sch 1 [107].
69G Requirement to state name and address
(1) An authorised officer who reasonably suspects a person of having committed an offence under this Act or the regulations may require the person to state his or her full name and residential address.(2) A person must not:(a) fail to comply with a requirement under this section, or(b) in purported compliance with such a requirement, furnish a name that is not his or her name or an address that is not his or her residential address.Maximum penalty: 15 penalty units.(3) A person is not guilty of an offence under this section unless it is established that the authorised officer warned the person that a failure to comply is an offence.(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.s 69G: Ins 2005 No 101, Sch 1 [107]. Am 2006 No 101, Sch 1 [54].
69H Obstructing authorised officer
A person who wilfully obstructs an authorised officer in the exercise of any function under this Act is guilty of an offence.Maximum penalty: 15 penalty units.s 69H: Ins 2005 No 101, Sch 1 [107].
Part 8 Identification and registration procedures
70 Identification
(1) The regulations may make provision for the identification of companion animals:(a) for the purposes of section 8, or(b) otherwise than for the purposes of that section.(2) In particular the regulations may provide for the following:(a) the manner in which companion animals are identified,(b) the procedures to be followed in connection with the identification of companion animals,(c) the accreditation of persons to carry out identification of companion animals and the duties of those persons in connection with identification.(3) The regulations are to specify the information that is to be the identification information for companion animals for the purposes of this Act. The identification information for a companion animal is to be entered on the Register but entry of that information does not of itself constitute registration of the animal.Note—The purpose of entering identification information is to ensure that any available identification details for a companion animal are kept on the Register even before the animal has to be registered, so that the information can be used to trace the owner of the animal.s 70: Am 2001 No 23, Sch 1 [32]–[34].
71 Registration
(1) A companion animal is registered when the registration information for the animal is entered on the Register.Note—Registration is for life and does not have to be renewed. There are exceptions to this in the case of dogs already registered under the Dog Act 1966 when the new registration scheme starts (see Schedule 3 Savings and transitional provisions).(2) The regulations may provide for the registration of companion animals, and in particular may provide for the following:(a) the information concerning a companion animal that is to be the registration information for the animal,(b) the making of an application for registration (including the form of an application, the information and evidence to accompany an application, the persons to whom application can be made),(c) the fee to be paid for registration (including exemptions from the payment of a fee and reductions in fees),(d) pre-conditions to registration (such as compulsory identification),(e) restrictions on who can be the registered owner of a companion animal.(3) Two or more persons can be registered as joint registered owners of a companion animal.(4) A person who in or in connection with an application for registration makes a statement or gives information that the person knows is false or misleading in a material particular is guilty of an offence.Maximum penalty: 8 penalty units.s 71: Am 2005 No 101, Sch 1 [108].
72 Certificate of registration
(1) The Departmental Chief Executive is to provide the registered owner of a companion animal with a certificate of registration for the animal, showing the registration information for the animal.(2) The certificate of registration is to be provided at the time of registration and is to be provided free of charge.(3) The certificate of registration is evidence that the animal is registered and that the registration information shown on the certificate is that entered on the Register. Information entered on the Register is presumed (in the absence of evidence to the contrary) to be correct.Note—In this way, the certificate of registration can be used as evidence of (for example) the name of the registered owner of an animal and the address at which it is ordinarily kept.(4) The Departmental Chief Executive can issue a replacement certificate of registration when a certificate of registration is lost, stolen, damaged or destroyed, and can charge a fee for the issue of the replacement certificate.s 72: Am 2018 No 27, Sch 1 [1].
73–75 (Repealed)
s 73: Rep 2001 No 112, Sch 1.7 [5].
s 74: Am 2018 No 27, Sch 1 [1]. Rep 2018 No 27, Sch 1 [14].
s 75: Am 2001 No 23, Sch 1 [35]; 2005 No 101, Sch 1 [109] [110]; 2006 No 101, Sch 1 [55]; 2017 No 13, Sch 7.3 [5]; 2018 No 27, Sch 1 [1]. Rep 2018 No 27, Sch 1 [14].
76 Interfering with identification of animal
(1) A person must not remove, alter or otherwise interfere with any marking on or implant in a companion animal by means of which information about the identification of the animal is ascertained.Maximum penalty: 15 penalty units.(2) This section does not apply to anything done in connection with the proper veterinary treatment of an animal by or under the immediate supervision of a veterinary practitioner.s 76: Am 2001 No 23, Sch 1 [36]; 2003 No 87, Sch 3.4 [2]; 2005 No 101, Sch 1 [111].
77 (Repealed)
s 77: Rep 2001 No 112, Sch 1.7 [6].
Part 9 The Register of Companion Animals
pt 9: Rep 2005 No 101, Sch 1 [112]. Ins 2018 No 27, Sch 1 [15].
Division 1 Preliminary
pt 9, div 1, hdg: Ins 2018 No 27, Sch 1 [15].
78 Definitions
In this Part:means a person who is an authorised identifier under the regulations.breeder identification number, in relation to a person, means:(a) in any case—the number allocated to the person as a breeder identification number under section 83M, or(b) in the case of a person who is a member of a recognised breeders’ organisation—the number allocated to the person by that organisation, or(c) in the case of an advertisement about a greyhound—the number allocated to the owner of the animal from whose litter the greyhound being advertised was born at the time of its registration under the greyhound racing rules.compliance history, in relation to a person (including a breeder), means a record of any of the following:(a) a conviction of the person for an offence against, or the making of an order against the person by a court under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of a charge for an offence against:(i) this Act or the regulations, or(ii) section 530 or 531 of the Crimes Act 1900, or(iii) the National Parks and Wildlife Act 1974 or the regulations made under that Act, being an offence that involves a dog or cat being taken into, or being in, a national park or any road traversing a national park, or(iv) the Prevention of Cruelty to Animals Act 1979 or the regulations made under that Act,(b) a penalty notice issued to the person for any of the following, being a notice that was not withdrawn or in relation to which a court had not dismissed the relevant charges:(i) an offence against this Act or the regulations,(ii) an offence against the National Parks and Wildlife Act 1974 or the regulations made under that Act, being an offence that involves a dog or cat being taken into, or being in, a national park or any road traversing a national park,(iii) an offence against the Prevention of Cruelty to Animals Act 1979 or the regulations made under that Act,(c) any of the following orders made in relation to the person under this Act (including an expired order):(i) an order under section 23 (2) or (3) disqualifying the person,(ii) a nuisance order under section 31 or 32A (2),(iii) a control order under section 47,(iv) a destruction order under section 48,(v) an ancillary order under section 50,(d) any of the following orders under the Prevention of Cruelty to Animals Act 1979 (including an expired order) made in relation to the person:(i) an order under section 29C about the care of an animal,(ii) an order under section 30 requiring the destruction of the animal,(iii) an order under section 31 (1) relating to a conviction,(iv) an interstate prohibition order that is recognised under section 31AA,(e) any other matter prescribed by the regulations.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.microchip identification number means:(a) in the case of a greyhound—the identification number allocated to the microchip implanted in the greyhound in compliance with the greyhound racing rules, or(b) in any other case—the identification number allocated to the microchip implanted in a companion animal in connection with the identification of the animal for the purposes of section 8.recognised breeders’ organisation means any of the following organisations:(a) the Royal New South Wales Canine Council Limited (trading as Dogs New South Wales),(b) the NSW Cat Fanciers’ Association Inc,(c) Australian National Cats Incorporated,(d) any other organisation designated by the Departmental Chief Executive for the purposes of this definition by order published in the Gazette.rehoming organisation number, in relation to a rehoming organisation, means the number allocated to the organisation under section 83N.s 78: Rep 2005 No 101, Sch 1 [112]. Ins 2018 No 27, Sch 1 [15].
Division 2 Keeping of Register
pt 9, div 2, hdg: Ins 2018 No 27, Sch 1 [15].
79 The Register
(1) There is to be a Register of Companion Animals.(2) The Departmental Chief Executive is responsible for the keeping and administration of the Register.(3) The Register is to be kept in a form that enables access to the Register to be made online by those persons who are entitled to access information contained in the Register.(4) The regulations may make provision for or with respect to either or both of the following:(a) the manner and form in which the Register is to be kept,(b) any other matter concerning the keeping and administration of the Register.s 79: Rep 2005 No 101, Sch 1 [112]. Ins 2018 No 27, Sch 1 [15].
80 Information on the Register
(1) The Register is to contain the following information in relation to each registered companion animal:(a) the unique identification number allocated to the microchip implanted in the animal in connection with the identification of the animal,(b) in the case of a companion animal that was required to be identified for the purposes of section 8:(i) the name of the authorised identifier who carried out, or supervised, the implantation of the microchip, and(ii) if the authorised identifier was accredited in accordance with the regulations, the authorised identifier number of that identifier,(c) in the case of a companion animal that was identified on a voluntary basis by the implantation of a microchip on or after 1 October 2001 (other than a greyhound registered in accordance with the greyhound racing rules):(i) the name of the authorised identifier who carried out, or supervised, the implantation of the microchip, and(ii) if the authorised identifier was accredited in accordance with the regulations, the authorised identifier number of that identifier,(d) the date on which the animal was identified,(e) the address of the place at which the animal is ordinarily kept,(f) the name of the council of the area in which the animal is ordinarily kept,(g) the type of animal (dog or cat), and the breed of the animal,(h) the animal’s date of birth (known or approximate),(i) the animal’s sex,(j) the animal’s colour and details of any unusual or identifying marks on the animal,(k) the full name and contact details of the current owner of the animal,(l) any other relevant information relating to the owner of the animal that the Departmental Chief Executive required the owner to provide in connection with an application for registration of the animal,(m) the full name of any known previous owner of the animal and any other available contact details for any known previous owner of the animal,(n) any other relevant information relating to any previous owner of the animal that the Departmental Chief Executive required the owner to provide in connection with an application for registration of the animal,(o) the breeder identification number (if any) of the owner of the animal that produced the litter from which the animal was born,(p) in the case of a companion animal purchased or otherwise acquired from a rehoming organisation—the rehoming organisation number of the organisation from which the animal was purchased or otherwise acquired,(q) any permit details in relation to the animal,(r) any other information relating to the animal that the regulations require to be contained on the Register.(2) The Register is to contain the following information in relation to each registered owner of a companion animal specified in the Register, including any person who is no longer a registered owner:(a) the name, and telephone number, of the owner,(b) if the owner is a natural person—the date of birth of the owner,(c) if the owner is not a natural person—any ABN or other identification information about the entity,(d) the compliance history of the owner,(e) any other relevant information relating to the registered owner of the animal that the Departmental Chief Executive required the registered owner to provide in connection with an application for registration of the animal.(3) The Register is to contain the following information in relation to a companion animal the registered owner of which is not a natural person:(a) the name, date of birth and telephone number, of each natural person who, at the time of registration, was a person who will ordinarily keep the animal,(b) the compliance history of that person,(c) any other relevant information relating to that person that the Departmental Chief Executive required the registered owner of the animal to provide in connection with an application for registration of the animal.(4) The Register is also to contain any other information prescribed by the regulations.s 80: Rep 2005 No 101, Sch 1 [112]. Ins 2018 No 27, Sch 1 [15].
Division 3 Access to Register
pt 9, div 3, hdg: Ins 2018 No 27, Sch 1 [15].
81 Access to Register to be provided free of charge
If a person is entitled to access information contained in the Register by this Division, the Departmental Chief Executive is required to provide that access free of charge.ss 81–83: Rep 2005 No 101, Sch 1 [112]. Ins 2018 No 27, Sch 1 [15].
82 Limited access by owners of companion animals
A person who is the owner of a companion animal is entitled to access information contained in the Register, but only for the purposes of notifying, in accordance with section 11, changes in the registration information or identification information for any companion animal owned by the person.ss 81–83: Rep 2005 No 101, Sch 1 [112]. Ins 2018 No 27, Sch 1 [15].
83 Limited access by members of public
Any member of the public is entitled to access information contained in the Register, but only for any of the following purposes:(a) to ascertain whether or not a companion animal is registered (that is, whether all registration information has been entered and payment has been made),(b) to verify that a microchip identification number is valid,(c) to find the details that correspond to a microchip identification number, namely, the breed, sex and age of the relevant companion animal and whether or not it has been desexed,(d) to verify that a breeder identification number is valid,(e) to find the details that correspond to a breeder identification number, namely:(i) the business name of the owner of any animal from whose litter the animal being researched was born, and(ii) the breed, sex and age of all companion animals on the Register that are recorded as having been bred by any owner of the animal from whose litter the animal being researched was born,(f) to verify that a rehoming organisation number is valid,(g) to find the details that correspond to a rehoming organisation number, namely, the name and address of the relevant rehoming organisation,(h) to ascertain whether or not a companion animal is required to have a permit,(i) to determine whether or not a permit is in force in relation to the animal and the date on which any such permit expires.ss 81–83: Rep 2005 No 101, Sch 1 [112]. Ins 2018 No 27, Sch 1 [15].
83A Unrestricted access by Minister
The Minister and any person acting with the Minister’s authority is entitled to full and free access to information contained in the Register at all times.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83B General access by Secretary of Department of Industry and persons authorised by that Secretary
(1) The Secretary of the Department of Industry, and any person authorised by the Secretary for the purposes of the administration and enforcement of the Prevention of Cruelty to Animals Act 1979, are entitled to access information contained in the Register, subject to subsection (2).(2) The Departmental Chief Executive may give different degrees of access to the Register to different classes of persons referred to in this section, having regard to the different functions that they perform.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83C General access by certain employees of local authorities
(1) A local authority may approve an employee or class of employees of the local authority to be eligible to access the Register, either generally or only for the purposes specified in the approval.(2) An approved employee is entitled to access information contained in the Register, subject to the terms of the approval.(3) For the purposes of this section, the Departmental Chief Executive may, from time to time, prepare, adopt or vary guidelines relating to the exercise by a local authority of the function of approving employees under this section.(4) The Departmental Chief Executive may, by giving a written notice to a local authority, suspend access to the Register by any specified employee, or by all employees, approved by the local authority under this section.(5) A local authority may withdraw an approval under this section at any time and is required to notify the Office of Local Government of that withdrawal as soon as possible after it occurs.(6) When exercising functions under this section, a local authority is required to comply with any relevant guidelines issued under this section.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83D Limited access by contractors approved by local councils
(1) A council may approve a person whom the council engages to operate a council pound to be eligible to access the Register, to the extent provided by this section.(2) A person approved by a council under this section is entitled to access information contained in the Register, but only for the following purposes:(a) identifying any companion animal that has been seized or surrendered under this Act,(b) locating the owner of a companion animal in the custody of the person.(3) For the purposes of this section, the Departmental Chief Executive may, from time to time, prepare, adopt or vary guidelines relating to the exercise by a council of the function of approving persons under this section.(4) The Departmental Chief Executive may, by giving written notice to a council, suspend access to the Register by any specified person, or by all persons, approved by the council under this section.(5) A council may withdraw an approval under this section at any time and is required to notify the Office of Local Government of that withdrawal as soon as possible after it occurs.(6) When exercising functions under this section, a council is required to comply with any relevant guidelines issued under this section.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83E Limited access by veterinary practitioners or their employees
(1) A veterinary practitioner is entitled to access information contained in the Register, but only for the purpose of locating the owner of a companion animal in the custody of the veterinary practitioner or his or her practice.(2) An employee of a veterinary practitioner who is being supervised by a veterinary practitioner is entitled to access information contained in the Register, but only for the purpose of locating the owner of a companion animal in the custody of the veterinary practitioner or his or her practice.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83F Departmental Chief Executive may approve other persons to access the Register
(1) The Departmental Chief Executive may approve a person to have access to information contained in the Register.(2) A person approved under this section is entitled to access information contained in the Register, but only for the following purposes:(a) identifying any companion animal that has been seized or surrendered under this Act,(b) locating the owner of a companion animal in the custody of the person.(3) The Departmental Chief Executive may withdraw an approval under this section at any time.(4) Before withdrawing a person’s approval, the Departmental Chief Executive must:(a) notify the person of the proposed withdrawal of the approval, and(b) give the person a reasonable opportunity to make submissions to the Departmental Chief Executive in respect of the proposed withdrawal, and(c) have due regard to any such submissions.(5) The Departmental Chief Executive must cause a person whose approval is withdrawn to be notified of the withdrawal in writing. Withdrawal of an approval takes effect on the day on which the notice is given, or from a later day specified in the notice.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83G Regulations can authorise general or limited access by other specified officers and persons
(1) The following persons are entitled to access information contained in the Register:(a) the holder of any office prescribed by the regulations for the purposes of this section,(b) a person who is a member of a class of persons prescribed by the regulations for the purposes of this section.(2) The Departmental Chief Executive may give different degrees of access to the Register to different classes of persons referred to in this section, having regard to the different functions that they perform.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83H Regulations—access to Register
(1) The regulations may provide for the ways in which access to the Register can or must be given.Note—For example, access to the Register could be by telephone or by electronic means.(2) The regulations may require the Departmental Chief Executive to keep specified records with respect to the access given to the Register under this Part and may provide for the persons who are entitled to access those records.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
83I Departmental Chief Executive may issue guidelines about access to Register
(1) The Departmental Chief Executive may issue guidelines, not inconsistent with this Part, about the manner in which a person who is entitled under this Division to access the Register may access the Register.(2) A person who is entitled under this Division to access the Register is entitled only to the extent that the person complies with any guidelines issued under this Division.ss 83A–83I: Ins 2018 No 27, Sch 1 [15].
Division 4 Arrangements about Register
pt 9, div 4: Ins 2018 No 27, Sch 1 [15].
83J Agreements about Register
(1) The Departmental Chief Executive may enter into an agreement or other arrangement with any person or body in respect of the exercise of functions of the Departmental Chief Executive under this Act by the person or body on behalf of the Departmental Chief Executive.(2) Such an agreement or other arrangement can make provision for the ownership of information entered on the Register to be vested in the Departmental Chief Executive.pt 9, div 5 (ss 83J–83N): Ins 2018 No 27, Sch 1 [15].
83K Exchange of information with other Australian jurisdictions
(1) Relevant information held by the Departmental Chief Executive may be provided to a relevant inter-State enforcement agency for the purposes of the administration or enforcement by that agency of legislation concerning animal welfare or management, including the prevention of cruelty to animals.(2) The Departmental Chief Executive may enter into an arrangement (an information sharing arrangement) with a relevant inter-State enforcement agency for the purpose of sharing or exchanging relevant information held by the Departmental Chief Executive or the agency.(3) The relevant information held by the Departmental Chief Executive that may be provided under this section, and to which an information sharing arrangement may relate, is limited to the following:(a) information concerning the contravention of this Act or the regulations,(b) information concerning an offence under the Prevention of Cruelty to Animals Act 1979 or section 530 or 531 of the Crimes Act 1900,(c) information concerning the registration of companion animals under this Act,(d) details of complaints relating to animal welfare,(e) any other information of a type prescribed by the regulations.(4) Under an information sharing arrangement, the Departmental Chief Executive and the relevant inter-State enforcement agency are, despite any other Act or law of the State, authorised:(a) to request and receive information held by the other party to the arrangement, and(b) to disclose information to the other party, and(c) to hold and use the information so received.(5) Subsection (4) applies only to the extent that the information is reasonably necessary to assist in the exercise of functions under this Act or of the functions of the relevant inter-State enforcement agency concerned that relate to animal welfare or management, including the prevention of animal cruelty.(6) This section does not:(a) require the Departmental Chief Executive to provide information to a relevant inter-State enforcement agency only in accordance with subsection (1) or with an information sharing arrangement where that information can otherwise be lawfully provided, or(b) limit the operation of any other Act or law under which a relevant inter-State enforcement agency is authorised or required to disclose information to another person or body.(7) In this section:information includes reports, recommendations, opinions, assessments and operational plans.relevant inter-State enforcement agency means an agency of the Commonwealth or another State or Territory that has functions concerning the enforcement of a law about animal welfare or management, including the prevention of cruelty to animals, and includes the following:(a) a police force,(b) an animal welfare body,(c) a local government body,(d) a government department or public authority.pt 9, div 5 (ss 83J–83N): Ins 2018 No 27, Sch 1 [15].
Division 5 Miscellaneous
pt 9, div 5 (ss 83J–83N): Ins 2018 No 27, Sch 1 [15].
83L Certificates relating to Register
(1) The Departmental Chief Executive can issue a certificate certifying as to whether or not a particular companion animal is or was registered at a particular time and certifying any registration information for the animal entered on the Register at a particular time.(2) The certificate is evidence of the matters certified. Information entered on the Register is presumed (in the absence of evidence to the contrary) to be correct.Note—Such a certificate can be used as evidence of (for example) the name of the registered owner of a companion animal and the address at which it is ordinarily kept.pt 9, div 5 (ss 83J–83N): Ins 2018 No 27, Sch 1 [15].
83M Allocation of breeder identification numbers
The Departmental Chief Executive may allocate a breeder identification number to any person who is the owner of a companion animal that has a litter.pt 9, div 5 (ss 83J–83N): Ins 2018 No 27, Sch 1 [15].
83N Allocation of rehoming organisation numbers
The Departmental Chief Executive may allocate a rehoming organisation number to any rehoming organisation that has applied to the Departmental Chief Executive for a number.pt 9, div 5 (ss 83J–83N): Ins 2018 No 27, Sch 1 [15].
Part 10 Companion Animals Fund
84 Establishment of Fund
(1) There is established in the Special Deposits Account an account to be called the Companion Animals Fund into which is to be paid:(a) registration fees and all other fees paid under this Act (other than any fee or charge payable to a council for the purposes of Part 7 or under section 58H), and(b) such money as may be appropriated by Parliament for payment into the Fund, and(c) (Repealed)(d) the proceeds of the investment of money in the Fund, and(e) all money required to be paid into the Fund by or under this or any other Act.(2) The Departmental Chief Executive has the control and management of the Fund.(3) (Repealed)s 84: Am 2002 No 38, Sch 5.2 [1]–[3]; 2005 No 101, Sch 1 [113]; 2006 No 101, Sch 1 [56]; 2018 No 27, Sch 1 [1].
85 Payments from the Fund
(1) There is payable from the Fund:(a) all amounts required to meet expenditure incurred in the administration or execution of this Act, and(b) all payments directed by the regulations to be made to councils or other persons out of amounts collected as registration fees under this Act, and(b1) any refund of registration fees, permit fees or other amounts paid under this Act, in circumstances in which the Departmental Chief Executive considers that it is reasonable and necessary to do so, and(c) all money directed to be paid from the Fund by or under this or any other Act.(1A) Any money paid to a council from the Fund is to be applied by the council only for purposes that relate to the management and control of companion animals in its area.(2), (3) (Repealed)(4) The regulations may provide (for the purposes of subsection (1) (b)) for the payment of amounts to councils and other persons out of amounts collected as registration fees under this Act. The Departmental Chief Executive can make arrangements for the payment of those amounts, including arrangements for the deduction of those amounts at the point of payment as registration fees.s 85: Am 2005 No 101, Sch 1 [114]–[116]; 2018 No 27, Sch 1 [1] [17].
86 Investment of money in Fund
The Departmental Chief Executive may invest money in the Fund:(a) in the manner authorised by the Public Authorities (Financial Arrangements) Act 1987, or(b) if that Act does not confer power on the Departmental Chief Executive to invest the money, in any other manner approved by the Treasurer.s 86: Am 2018 No 27, Sch 1 [1].
Part 11 General
87 Act binds Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
88 Delegation by Departmental Chief Executive
The Departmental Chief Executive can delegate any of his or her functions under this Act (other than this power of delegation) or the regulations to any officer of the Office of Local Government.s 88: Subst 2018 No 27, Sch 1 [19].
88A Advisory committees
(1) The Departmental Chief Executive may establish advisory committees to assist in the administration of this Act and to advise the Departmental Chief Executive on such matters as the Departmental Chief Executive determines.(2) The constitution, functions and procedure of an advisory committee are to be as determined by the Departmental Chief Executive.s 88A: Ins 2005 No 101, Sch 1 [117]. Am 2018 No 27, Sch 1 [1].
88B Designation of organisations as rehoming organisations
(1) The Departmental Chief Executive may, by notice in writing, designate an organisation as a rehoming organisation.(2) The designation of an organisation under this section:(a) may be granted subject to conditions or unconditionally, and(b) may be revoked by the Departmental Chief Executive, by notice in writing.(3) The Departmental Chief Executive may, in the same notice or in a further written notice, exempt an organisation that has been designated under this section from any or all of the following obligations:(a) the obligation under section 9 to register any or all companion animals in the custody of the organisation,(b) the obligation to pay a fee for the registration of any or all companion animals in the custody of the organisation,(c) the obligation to pay a fee for a permit relating to any or all companion animals in the custody of the organisation.(4) The exemption of an organisation under this section:(a) may be granted subject to conditions or unconditionally, and(b) may be revoked by the Departmental Chief Executive, by notice in writing.s 88B: Ins 2018 No 27, Sch 1 [20].
89 Confidentiality of certain information
(1) In this section:confidential information means:(a) any information contained in, or acquired from, the Register, or(b) any other information obtained in connection with the enforcement or administration of this Act or the regulations.Note—Examples of information obtained in connection with the enforcement or administration of this Act include information relating to identification of companion animals and their owners that is collected by authorised identifiers such as veterinary practitioners, and information gathered by authorised officers in the course of their enforcement functions.(2) A person must not:(a) access or attempt to access confidential information, or(b) allow a person to have access to confidential information, or(c) directly or indirectly make a record of confidential information, or(d) directly or indirectly disclose or pass confidential information to any person, or(e) use confidential information, or(f) alter, delete, destroy or interfere with any record comprising confidential information, or(g) make any entry in the Register.Maximum penalty:(a) 25 penalty units except in the case of confidential information that is suppressed, or(b) 100 penalty units in the case of confidential information that is suppressed.(3) For the purposes of subsection (2), confidential information is suppressed if:(a) the information contains the personal details of a person who is the owner of a companion animal, and(b) the information is entered in the Register, and(c) the person has requested the Departmental Chief Executive to keep the information confidential, and(d) the Departmental Chief Executive is satisfied that the request is made because the person is concerned that disclosure of the information could jeopardise the safety of the person or any member of the person’s family, and(e) it is indicated in the Register that the information is suppressed.(4) It is not an offence under this section for a person to do anything referred to in subsection (2) (a)–(g):(a) for the purposes of, or in connection with, the lawful exercise of functions under the Act, or(b) as authorised or required by Division 3 of Part 9, but only if done in accordance with any guidelines under section 83I, or(c) as authorised or directed by the Departmental Chief Executive, or(d) for the purposes of listing the identification or registration information in respect of a companion animal on a database that is of a class prescribed by the regulations, but only if the owner of the companion animal has expressly consented to that information being so listed.(5) It is not an offence under this section for a person to disclose confidential information if the person is required to do so by law.(6) This section does not apply to the disclosure of confidential information to any of the following:(a) the Independent Commission Against Corruption,(b) the Australian Crime Commission,(c) the New South Wales Crime Commission,(d) the Ombudsman,(e) any other person or body prescribed for the purposes of this subsection.(7) This section does not apply to the disclosure of the name of the owner of a companion animal to a person who seeks that information for the purpose of bringing legal proceedings against the owner in respect of the animal’s behaviour, but only if:(a) the person has requested the disclosure of that information in writing, and(b) the animal’s behaviour concerned has been reported to a police officer or a council.(8) In subsection (7), person includes the person’s legal representative.s 89: Subst 2001 No 23, Sch 1 [37]. Am 2003 No 13, Sch 1.4; 2003 No 87, Sch 3.4 [3]; 2018 No 27, Sch 1 [1] [21].
90, 91 (Repealed)
s 90: Rep 2005 No 101, Sch 1 [118].
s 91: Rep 2005 No 101, Sch 1 [118].
92 Penalty notices
(1) An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.(2) A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.(3) The Fines Act 1996 applies to a penalty notice issued under this section.Note—The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.(4) The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).(5) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.s 92: Subst 2017 No 22, Sch 3.12.
93 Proceedings for offences
(1) Proceedings for an offence under this Act (other than an offence under section 16 (1AB) or (1A) or 17 (1A)) may be dealt with:(a) summarily before the Local Court, or(b) summarily before the Supreme Court in its summary jurisdiction.(1A) An offence under section 16 (1AB) or (1A) or 17 (1A) may only be prosecuted on indictment. However, Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made by the prosecution to proceed on indictment) applies to and in respect of those offences.(2) If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 200 penalty units, despite any higher maximum monetary penalty provided in respect of the offence.(3) Proceedings for an offence under section 16 or 17 may be brought within the period of 12 months of the date on which the offence is alleged to have been committed.s 93: Am 2001 No 121, Sch 2.55 [2]. Subst 2005 No 101, Sch 1 [119]. Am 2007 No 94, Sch 2; 2013 No 86, Sch 1 [55]–[57].
94 Double jeopardy
(1) A person is not liable to be convicted of an offence under more than one provision of this Act in respect of essentially the same act or omission.(2) Payment of a penalty in respect of an alleged offence under section 92 (Penalty notices) is to be treated as a conviction for the offence for the purposes of this section. The making of an order by a court under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of an offence is to be treated as a conviction for the offence for the purposes of this section.s 94: Am 1999 No 94, Sch 4.6; 2005 No 101, Sch 1 [120].
95 Fees and charges
(1) Any fee or charge payable under this Act:(a) may be paid by such instalments as may be allowed by the person levying the fee or charge, and(b) may be reduced or waived in respect of persons in receipt of a pension, benefit or allowance under the Social Security Act 1991 of the Commonwealth.(2) The regulations may make provision as to the following:(a) the minimum number of instalments that may be allowed.(b) the minimum intervals that may be allowed between each instalment.
95A How notice is to be given to owners
(1) This section applies to a notice that is required under any of the following provisions of this Act to be given to the owner of a companion animal:(a) section 10B,(b) section 32B,(c) section 31A,(d) Division 1 of Part 5,(e) Division 6 of Part 5,(f) any other provision of this Act that is prescribed by the regulations for the purposes of this section.(2) Notice to which this section applies is to be given in writing to the owner concerned:(a) personally or by post, or(b) by email to an email address specified by the person for the service of documents of that kind, or(c) by any other method authorised by the regulations for the service of documents of that kind.(3) For the purposes of section 76 of the Interpretation Act 1987, a notice to which this section applies that is served by post on the owner of a companion animal is to be treated as being properly addressed if it is addressed to the last address of the owner known to the council that gives the notice (or whose authorised officer gives the notice).s 95A: Ins 2005 No 101, Sch 1 [121]. Am 2013 No 86, Sch 1 [17]; 2017 No 25, Sch 1.9.
96 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) Without limiting subsection (1), the regulations may make provision for or with respect to any one or more of the following:(a) providing for exceptions to specified provisions of this Act (including exceptions for a particular class or description of owner or companion animal, or exceptions based on particular circumstances),(b) exempting a specified class, kind or description of companion animals from all or specified provisions of this Act, either unconditionally or subject to conditions,(b1) limiting the number of restricted dogs that a person may own,(c) imposing maximum fees that can be charged for the issue of replacement certificates of registration,(d) provisions applying (with or without modification) any provision of this Act in respect of an animal prescribed by the regulations as a companion animal for the purposes of this Act,(e) regulating the training of assistance animals and accrediting assistance animals for the purposes of this Act (including by requiring accreditation as a pre-condition for any exemption provided in respect of assistance animals by this Act or the regulations) and provisions of a savings or transitional nature consequent on an animal being prescribed as a companion animal for the purposes of this Act.(3) The regulations may create offences punishable by a fine not exceeding 50 penalty units.s 96: Am 2001 No 112, Sch 1.7 [7]; 2005 No 101, Sch 1 [122] [123].
97 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.
98 Savings and transitional provisions
Schedule 3 has effect.
99 (Repealed)
s 99: Rep 2003 No 82, Sch 3.
Schedules 1, 2 (Repealed)
sch 1: Am 1999 No 94, sec 7 (2) and Sch 5, Part 2. Rep 2005 No 101, Sch 1 [124].
sch 2: Rep 2005 No 101, Sch 1 [124].
Schedule 3 Savings and transitional provisions
(Section 98)
Part 1 Preliminary
1 Regulations
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
2 Definition
In this Schedule:Dog Act means the Dog Act 1966 as in force immediately before the commencement of this clause.
Part 2 Phasing-in of registration
3 Special provision for dogs registered under the Dog Act
(1) This clause applies to dogs registered under the Dog Act immediately before the commencement of this clause. This clause ceases to apply to a dog that becomes registered under this Act or that ceases to be registered under the Dog Act.(2) The provisions of the Dog Act and the regulations under the Dog Act continue in force (as if they had not been repealed) for the purposes of enabling a dog to which this clause applies to be registered under the Dog Act during the transition period.(3) The transition period is the period of 3 years that starts on the commencement of this clause. The regulations may change the transition period to any other period not shorter than 1 year and not longer than 5 years, either for all dogs to which this clause applies or for dogs of a particular class or description.(4) Section 8 (Identification required from 12 weeks of age and before sale) and section 9 (Registration required from age 6 months) of this Act do not apply during the transition period in respect of a dog while it is registered under the Dog Act as provided by this clause.Note—This clause does not prevent a dog to which this clause applies being registered under this Act either immediately or at any time during the transition period. A dog to which this clause applies will have to be registered under this Act before it can be sold.(5) Dogs registered under the Dog Act immediately before the commencement of this clause continue to be registered under the Dog Act as applying under this clause.(6) Section 12 (Dog to wear collar and tags) of this Act applies in respect of a dog registered under the Dog Act during the transition period as if the dog were registered under this Act and as if the registration tag most recently issued under the Dog Act to the owner of the dog were the current registration tag for the dog under this Act.(6A) Sections 12 (1) (b) and 77 (and the definition of registration tag), as in force immediately before their repeal by the Statute Law (Miscellaneous Provisions) Act (No 2) 2001, continue to apply during the transition period in relation to a dog to which this clause applies as if those provisions had not been repealed. However (and despite subclause (6)), section 12 (1) (b) does not apply if the dog is identified in accordance with the regulations.(6B) Without limiting subclause (6A), and for avoidance of doubt, it is declared that a person may be prosecuted (and a penalty notice may be served) for an offence committed during the transition period under section 12 or 77 in relation to a dog, or the registration tag of a dog, to which this clause applies.Note—The Statute Law (Miscellaneous Provisions) Act (No 2) 2001 repealed the provisions of this Act (including sections 12 (1) (b) and 77) that deal with registration tags for companion animals.(7) The registration fee payable for the registration of a dog under the Dog Act as provided by this clause is the fee as payable under the Dog Act immediately before the commencement of this clause, but the regulations under this Act may prescribe some other fee for that purpose.(8) The regulations may create exceptions to this clause, either for all dogs to which this clause applies or for dogs of a particular class or description.
Part 3 General
4 Disqualification from owning dog
A disqualification in force under section 19A (Disqualification from owning a dog) of the Dog Act immediately before the repeal of that section is taken to have been made by order of the court concerned under section 23 of this Act with the period of disqualification specified in the order being the remaining period of disqualification under section 19A at the time of its repeal.
5 Dangerous dog declaration
(1) A declaration of a council in force under Division 2 (Power of councils to declare dogs dangerous) of Part 2 of the Dog Act immediately before the repeal of that Division is taken to be a declaration of the council under Division 1 of Part 5 of this Act.(2) A declaration of a Local Court in force under Division 3 (Power of Local Court to declare dogs dangerous) of Part 2 of the Dog Act immediately before the repeal of that Division is taken to be a declaration of a Local Court under Division 2 of Part 5 of this Act.
6 Continuation of repealed provisions
(1) A provision of the Dog Act continues in force after its repeal for the purposes of any civil or criminal proceedings (commenced before or after its repeal) in respect of any act, matter or thing occurring before its repeal.(2) The regulations under clause 1 may provide for the continuation, in respect of a particular class or description of dogs, of provisions of the Dog Act and the regulations under that Act as if they had not been repealed.
Part 4 Provisions consequent on enactment of Companion Animals Amendment Act 2006
7 Council-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).
Part 5 Provisions consequent on enactment of Companion Animals and Other Legislation Amendment Act 2018
8 Meaning of “amending Act”
In this Part:amending Act means the Companion Animals and Other Legislation Amendment Act 2018.
9 Permit requirement does not apply to cats registered before requirement imposed
(1) Section 11B, as inserted by the amending Act, does not apply to a cat that was registered before the commencement of the section.(2) Section 11B, as inserted by the amending Act, does not apply to a cat that was born before the commencement of the section that was not registered before that commencement until the date that is 21 days (or any longer period prescribed by the regulations) after the commencement of the section, or the date that the cat is 4 months old, whichever occurs later.
10 Permit requirements extend to dogs declared dangerous before requirement imposed
(1) Sections 11C and 51 (1) (l), as inserted by the amending Act, extend to a dog that was declared to be a dangerous dog before the commencement of the provisions.(2) In such a case, a permit is required under section 11C on and from the date that is 21 days (or any longer period prescribed by the regulations) after the commencement of section 11C.
11 Permit requirements extend to dogs declared restricted before requirement imposed
(1) Sections 11D and 56 (1) (i), as inserted by the amending Act, extend to a dog that was a restricted dog, within the meaning of section 55, before the commencement of the provisions.(2) In such a case, a permit is required under section 11D on and from the date that is 21 days (or any longer period prescribed by the regulations) after the commencement of section 11D.
12 Certain organisations taken to be approved rehoming organisations
(1) In this clause:existing approved organisation means an organisation that was, immediately before the commencement of section 88B, as inserted by the amending Act, the subject of an approval granted by the Departmental Chief Executive for the purposes of clause 16 (d) of the Companion Animals Regulation 2008.(2) An existing approved organisation is, on and from the commencement of section 88B, taken to have been:(a) designated as a rehoming organisation under section 88B (1), for the same term, and subject to the same conditions (if any), that are specified in the approval, and(b) granted an exemption under section 88B (3) from the obligation to register companion animals under section 9, for the same term, and subject to the same conditions (if any), that are specified in the approval.(3) Accordingly, on and from the commencement of section 88B:(a) such an organisation is taken to be a rehoming organisation for the purposes of this Act, and(b) the Departmental Chief Executive may revoke or otherwise deal with the designation or exemption effected by this clause as if it was granted under section 88B.
sch 3: Am 2001 No 23, Sch 1 [38]; 2001 No 112, Sch 1.7 [8]; 2005 No 101, Sch 1 [125]; 2006 No 101, Sch 1 [57] [58]; 2013 No 86, Sch 1 [58]; 2018 No 27, Sch 1 [22].
Schedule 4 (Repealed)
sch 4: Rep 2003 No 82, Sch 3.