Animal Management (Cats and Dogs) Regulation 2009

1Short title

This regulation may be cited as the Animal Management (Cats and Dogs) Regulation 2009 .

2Commencement

This regulation commences on 1 July 2009.

3Definitions

The dictionary in schedule 5 defines particular words used in this regulation.

4Requirements for PPIDs—Act, s 12

(1)For section 12 (2) of the Act, this section prescribes the requirements with which a PPID must comply.

(2)A PPID must—

(a)be designed to transmit the PID number for the PPID when scanned by an electronic reader; and

(b)have stored on it a PID number that—

(i)includes a manufacturer’s code; and

(ii)complies with the requirements of AS 5018-2001 relating to unique identification codes transmitted by transponders; and

(c)comply with the requirements of AS 5019-2001 relating to transponders.

(3)In this section—

AS 5018-2001 means AS 5018-2001 ‘Electronic animal identification—National coding scheme’ as in force on 1 July 2009.

AS 5019-2001 means AS 5019-2001 ‘Electronic animal identification—Radiofrequency methods’ as in force on 1 July 2009.

ICAR means the International Committee for Animal Recording Pty Ltd ACN 121 026 195.

manufacturer’s code means a unique number ICAR allocates to a manufacturer of PPIDs—

(a)the first 3 digits of which start with a number between 901 to 998, both numbers inclusive; or

(b)the first 3 digits of which start with ‘900’ followed immediately by 3 other digits.

s 4 amd 2012 SL No. 92 s 8

5Prescribed requirements for particular permit conditions

For sections 81, 97 and 98 of the Act, this part prescribes requirements for particular permit conditions for relevant dogs stated in schedule 1 of the Act.

6Identifying tag

(1)For schedule 1, section 2 (3) of the Act, a tag to be attached to a relevant dog’s collar must—

(a)be metal or plastic; and

(b)be disc-shaped; and

(c)have a yellow background; and

(d)be at least 25mm in diameter; and

(e)contain the following information—

(i)the words ‘Regulated Dog’;

(ii)a 24 hour contact telephone number for the owner of, or any responsible person for, the dog.

(2)The information mentioned in subsection (1) (e) must be engraved and legible.

s 6 amd 2009 SL No. 201 s 3

7Operation of div 3

For schedule 1, section 4 of the Act, this division prescribes the requirements for an enclosure and an area enclosed for a relevant dog.

8Public access to front entrance of house

The enclosure must not be built or situated in a way requiring a member of the public seeking access to the front entrance of a dwelling house on the relevant place to go into the enclosed area.

Note—

Relevant place is defined in schedule 1, section 1 of the Act.

9Minimum enclosed area

(1)The area enclosed must be at least 10m².

Note—

See also the Animal Care and Protection Act 2001 , section 33 (Obligation to exercise closely confined dogs).

(2)The area must not include any area that is—

(a)a swimming pool or area surrounding a swimming pool; or

(b)all or part of a building usually used for residential purposes.

10Minimum height

The walls of the enclosure must be—

(a)if the dog is 8kg or less—at least 1m high above ground level; or

(b)if the dog is more than 8kg—at least 1.8m high above ground level.

11Standard for enclosure materials

The enclosure must consist of firm and strong materials.

12Enclosure walls

(1)The exterior of the walls of the enclosure must be designed to prevent a child from climbing into the enclosure.

(2)The walls may include a perimeter fence for the relevant place or an exterior wall of a structure if it complies with the requirements for the enclosure under schedule 1, section 4 of the Act and this division.

13Gate requirements

(1)The enclosure must include a gate (the enclosure gate).

(2)The enclosure must not have a driveway gate or other vehicle entry gate (a vehicle gate).

(3)The enclosure gate must—

(a)be childproof, self-closing and self-latching; and

(b)comply with the requirements for the enclosure under schedule 1, section 4 of the Act and this division.

(4)However, the enclosure may have another gate that is not self-closing and self-latching if it—

(a)is not a vehicle gate; and

(b)complies with section 12; and

(c)is kept securely locked whenever it is not in immediate use.

14Weatherproof area required

The enclosure must include a weatherproof area appropriate for a dog.

Examples of an appropriate weatherproof area—

•a kennel

•an area of an appropriate size, covered by a roof

15Operation of div 4

For schedule 1, section 5 (2) of the Act, this division prescribes the following for a sign notifying the public that a relevant dog is kept at a place—

(a)the dimensions of the sign;

(b)the quality and type of the sign;

(c)the information that must be contained in the sign.

16Dimensions of sign

The sign must be of at least the following dimensions—

(a)360mm in height;

(b)260mm in width.

17Quality and type of sign

The sign must—

(a)consist of firm and strong materials; and

(b)have a yellow background and black border.

18Information sign must contain

(1)The sign must contain all of the following words, in the following case—

(a)for a declared dangerous dog—‘BEWARE—DANGEROUS DOG’;

(b)for a declared menacing dog—‘BEWARE— MENACING DOG’;

(c)for a restricted dog—‘BEWARE—RESTRICTED DOG’;

(d)‘declared under the Animal Management (Cats and Dogs) Act 2008 , chapter 4’.

(2)The words must be—

(a)indelible; and

(b)legible; and

(c)black; and

(d)for the words in subsection (1) (a), (b) or (c)—approximately 50mm in height; and

(e)for the words in subsection (1) (d)—approximately 15mm in height.

19Chief executive officer must give information

For section 174 (2) (b) (iii) of the Act, the prescribed information to be stated in a notice for a dog mentioned in section 174 (1) of the Act is stated in schedule 1.

20Courses for authorised implanters

(1)For schedule 2 of the Act, definition authorised implanter, paragraph (a)(i), the course prescribed is—

(a)AVA’s Queensland Microchip Implantation Course offered by its Queensland Division; or

(b)a course mentioned in schedule 2, part 1, column 2, offered by the entity mentioned in the schedule, column 1 opposite the course.

(2)In this section—

AVA means The Australian Veterinary Association Ltd ABN 63 008 522 852.

21Qualifications for authorised implanters

For schedule 2 of the Act, definition authorised implanter, paragraph (b)(i), the qualification prescribed is a qualification mentioned in schedule 2, part 2, column 2, offered by the entity mentioned in the schedule, column 1 opposite the qualification.

22Courses for authorised implanters

For schedule 2 of the Act, definition authorised implanter, paragraph (b)(ii), the course prescribed is a course mentioned in schedule 2, part 1, column 2, offered by the entity mentioned in the schedule, column 1 opposite the course.

23Definitions for div 2

In this division—

applicant see section 24.

approval means an approval that may be given by the chief executive under schedule 2 of the Act, definition authorised implanter.

24Making application

(1)A veterinary surgeon (the applicant) may apply for an approval for a course offered in a State or country as being equivalent to a course mentioned in section 20 or 22.

(2)A person other than a veterinary surgeon (also the applicant) may apply for an approval for any of the following offered in a State or country—

(a)a qualification as being equivalent to a qualification mentioned in section 21;

(b)a course as being equivalent to a course mentioned in section 22.

(3)The application must be—

(a)made to the chief executive in the approved form; and

(b)supported by enough information to enable the chief executive to decide the application.

25Chief executive may ask for further information

(1)The chief executive may, by notice, require the applicant to give other information or documents reasonably required to enable the chief executive to decide the application.

(2)The notice must state a reasonable period of at least 14 days to comply with the notice.

(3)The applicant must, within the time stated in the notice, give the chief executive the other information or documents.

(4)If subsection (3) is not complied with, the application lapses.

26Deciding application

(1)The chief executive must decide the application within 30 days (the relevant time) after the application is made.

(2)However, if within the relevant time the chief executive has required the applicant to give other information or documents (the other information) under section 25, the chief executive must decide the application within 30 days after the other information is given to the chief executive.

(3)The chief executive may refuse the application if the chief executive is satisfied of any of the following—

(a)if the applicant is a veterinary surgeon—the course is not equivalent to a course mentioned in section 20 or 22;

(b)if the applicant is not a veterinary surgeon—

(i)the qualification is not equivalent to a qualification mentioned in section 21; or

(ii)the course is not equivalent to a course mentioned in section 22;

(c)the applicant has contravened a provision of PID legislation;

(d)the applicant has had another approval under PID legislation cancelled or suspended.

(4)In this section—

PID legislation means—

(a)a provision of the Act about the permanent identification of animals; or

(b)a corresponding law that provides, or provided, for the same, or substantially the same, matter as a provision of the Act about the permanent identification of animals.

27Grant of approval on conditions

The chief executive may grant the application on conditions the chief executive considers reasonable and relevant.

28Notice of approval if application granted

(1)If the chief executive decides the application, the chief executive must give the applicant notice of the granting of the approval within 30 days after making the decision.

(2)The notice must include—

(a)details identifying the applicant and the course or qualification to which the approval relates; and

(b)any condition to which the approval is subject under section 27; and

(c)if the conditions are conditions to which the applicant has not agreed in writing—the matters mentioned in section 29 (2) (b).

s 28 amd 2009 SL No. 201 s 4

29Notice of refusal

(1)If the chief executive decides to refuse the application, the chief executive must give the applicant a notice of the refusal within 30 days after making the decision.

(2)The notice must state—

(a)the decision and the reasons for it; and

(b)that the applicant may apply for an internal review of the decision to the original decider for the decision within 14 days after the applicant receives the notice; and

(c)how to apply for the internal review.

s 29 amd 2009 SL No. 201 s 5; 2009 SL No. 265 s 4

30Review of chief executive’s decision

For a decision as follows, chapter 8 of the Act applies as if the decision were an original decision mentioned in section 181 of the Act and the applicant were the interested person for the decision—

(a)a decision to refuse the application;

(b)a decision to grant an approval on conditions to which the applicant has not agreed in writing.

s 30 amd 2009 SL No. 265 s 5

30APrescribed classes of dog—Act, s 44

A dog is a prescribed class of dog for section 44 (4) (c) of the Act if—

(a)the dog is kept by a person primarily for producing canine plasma products derived completely or partly from the plasma of the dog; and

(b)the person is registered under the Animal Care and Protection Act 2001 to use the dog for the purpose.

s 30A ins 2010 SL No. 19 s 3

31Program prescribed for decommissioning greyhounds

For section 197 (3) of the Act, definition decommissioned greyhound, paragraph (b), the program prescribed is the Greyhound Adoption Program of Queensland offered by Greyhounds Queensland Limited ABN 87 128 067 247.

32Fees

The fees payable under the Act are stated in schedule 3.

32ADeferred dates for particular local governments

For schedule 2 of the Act, definition deferred date, paragraph (b), the prescribed earlier day for each of the following local governments is the day stated for the local government—

(a)Balonne Shire Council—1 July 2010;

(b)Banana Shire Council—1 March 2010;

(c)Barcaldine Regional Council—1 July 2010;

(d)Burdekin Shire Council—l July 2010;

(e)Cassowary Coast Regional Council—1 December 2010;

(f)Charters Towers Regional Council—1 July 2010;

(g)Goondiwindi Regional Council—1 July 2010;

(h)Hinchinbrook Shire Council—l July 2010;

(i)Longreach Regional Council—1 July 2010;

(j)Mackay Regional Council—l July 2010;

(k)McKinlay Shire Council—l July 2010;

(l)Richmond Shire Council—l July 2010;

(m)South Burnett Regional Council—1 October 2010;

(n)Tablelands Regional Council—1 December 2010;

(o)Western Downs Regional Council—1 July 2010.

s 32A ins 2009 SL No. 201 s 6

amd 2010 SL No. 19 s 4; 2010 SL No. 121 s 4; 2010 SL No. 249 s 3

33Information that is PID information

For schedule 2 of the Act, definition PID information, for a cat or dog, paragraph (c), the prescribed information is stated in schedule 4.

34Way cat or dog to be tattooed

For schedule 2 of the Act, definition tattoo, a cat or dog for desexing, the way to permanently mark the cat or dog is by permanently marking inside its left ear with the symbol as shown in figure 1.

Figure 1—Symbol for permanently marking inside a cat’s or dog’s left ear

35Identifying tag

(1)This section applies to an identifying tag for a restricted dog complying with the Local Government Act 1993 , former section 1193ZA in force immediately before 1 July 2009.

(2)The tag is taken to comply with the requirements prescribed under section 6.

36Minimum enclosed area—deferred application of s 9 for particular persons

If, immediately before 1 July 2009, a permit holder, or any responsible person, for a restricted dog is lawfully complying with a requirement prescribed under repealed part 16, section 84, section 9 (2) does not apply to the holder or person until 1 October 2009.

37Weatherproof area required—deferred application of s 14 for particular persons

If, immediately before 1 July 2009, a permit holder, or any responsible person, for a restricted dog is lawfully complying with the requirement prescribed under repealed part 16, section 89, section 14 does not apply to the holder or person until 1 October 2009.

38Public notice

(1) Subsection (2) applies to a sign for a restricted dog complying with the requirements prescribed under the Local Government Act 1993 , former section 1193ZD in force immediately before 1 July 2009.

(2)The sign is taken to comply with the requirements prescribed under part 2, division 4.

39Public access to front entrance of house—deferred application of s 8 for keepers

(1)This section applies to—

(a)if a local law entrance requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog who, immediately before 1 July 2009, is lawfully complying with the requirement; or

(b)if no local law entrance requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog.

(2) Section 8 does not apply to the keeper until 1 October 2009.

(3)If, from 1 October 2009, a keeper of a local law dangerous dog mentioned in subsection (1) (a) continues to comply with the local law entrance requirement, the dog’s enclosure is taken to comply with section 8 until the earlier of the following—

(a)the keeper stops complying with the requirement;

(b)the dog dies.

(4)In this section—

local law entrance requirement means a requirement under a local law, or resolution, of the relevant local government for a local law dangerous dog for public access to the front entrance of the dwelling house at which a local law dangerous dog is usually kept that is the same as, or similar to, repealed part 16, section 83 in force immediately before 1 July 2009.

s 39 amd 2009 SL No. 201 s 7

40Minimum enclosed area—deferred application of s 9 for particular persons

(1)This section applies to—

(a)if a local law minimum area requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog who, immediately before 1 July 2009, is lawfully complying with the requirement; or

(b)if no local law minimum area requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog.

(2) Section 9 does not apply to the keeper until 1 October 2009.

(3)If, from 1 October 2009, a keeper of a local law dangerous dog mentioned in subsection (1) (a) continues to comply with the local law minimum area requirement, the dog’s enclosure is taken to comply with section 9 until the earlier of the following—

(a)the keeper stops complying with the requirement;

(b)the dog dies.

(4)In this section—

local law minimum area requirement means a requirement under a local law, or resolution, of the relevant local government for a local law dangerous dog for the minimum area enclosed for local law dangerous dogs that is the same as, or similar to, repealed part 16, section 84 in force immediately before 1 July 2009.

s 40 amd 2009 SL No. 201 s 8

41Minimum height—deferred application of s 10 for keepers

(1)This section applies to—

(a)if a local law minimum height requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog who, immediately before 1 July 2009, is lawfully complying with the requirement; or

(b)if no local law minimum height requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog.

(2) Section 10 does not apply to the keeper until 1 October 2009.

(3)If, from 1 October 2009, a keeper of a local law dangerous dog mentioned in subsection (1) (a) continues to comply with the local law minimum height requirement, the dog’s enclosure is taken to comply with section 10 until the earlier of the following—

(a)the keeper stops complying with the requirement;

(b)the dog dies.

(4)In this section—

local law minimum height requirement means a requirement under a local law, or resolution, of the relevant local government for a local law dangerous dog for the minimum height for the walls of an enclosure for local law dangerous dogs that is the same as, or similar to, repealed part 16, section 85 in force immediately before 1 July 2009.

s 41 amd 2009 SL No. 201 s 9

42Standard for enclosure materials—deferred application of s 11 for keepers

(1)This section applies to—

(a)if a local law enclosure materials requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog who, immediately before 1 July 2009, is lawfully complying with the requirement; or

(b)if no local law enclosure materials requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog.

(2) Section 11 does not apply to the keeper until 1 October 2009.

(3)If, from 1 October 2009, a keeper of a local law dangerous dog mentioned in subsection (1) (a) continues to comply with the local law enclosure materials requirement, the dog’s enclosure is taken to comply with section 11 until the earlier of the following—

(a)the keeper stops complying with the requirement;

(b)the dog dies.

(4)In this section—

local law enclosure materials requirement means a requirement under a local law, or resolution, of the relevant local government for a local law dangerous dog for the standard of enclosure materials for local law dangerous dogs that is the same as, or similar to, repealed part 16, section 86 in force immediately before 1 July 2009.

s 42 amd 2009 SL No. 201 s 10

43Enclosure walls—deferred application of s 12 for keepers

(1)This section applies to—

(a)if a local law enclosure walls requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog who, immediately before 1 July 2009, is lawfully complying with the requirement; or

(b)if no local law enclosure walls requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog.

(2) Section 12 does not apply to the keeper until 1 October 2009.

(3)If, from 1 October 2009, a keeper of a local law dangerous dog mentioned in subsection (1) (a) continues to comply with the local law enclosure walls requirement, the dog’s enclosure is taken to comply with section 12 until the earlier of the following—

(a)the keeper stops complying with the requirement;

(b)the dog dies.

(4)In this section—

local law enclosure walls requirement means a requirement under a local law, or resolution, of the relevant local government for a local law dangerous dog for enclosure walls for local law dangerous dogs that is the same as, or similar to, repealed part 16, section 87 in force immediately before 1 July 2009.

s 43 amd 2009 SL No. 201 s 11

44Gate requirements—deferred application of s 13 for keepers

(1)This section applies to—

(a)if a local law gate requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog who, immediately before 1 July 2009, is lawfully complying with the requirement; or

(b)if no local law gate requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog.

(2) Section 13 does not apply to the keeper until 1 October 2009.

(3)If, from 1 October 2009, a keeper of a local law dangerous dog mentioned in subsection (1) (a) continues to comply with the local law gate requirement, the dog’s enclosure is taken to comply with section 13 until the earlier of the following—

(a)the keeper stops complying with the requirement;

(b)the dog dies.

(4)In this section—

local law gate requirement means a requirement under a local law, or resolution, of the relevant local government for a local law dangerous dog for enclosure gates for local law dangerous dogs that is the same as, or similar to, repealed part 16, section 88 in force immediately before 1 July 2009.

s 44 amd 2009 SL No. 201 s 12

45Weatherproof area required—deferred application of s 14 for particular persons

(1)This section applies to—

(a)if a local law weatherproof area requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog who, immediately before 1 July 2009, is lawfully complying with the requirement; or

(b)if no local law weatherproof area requirement applies to a local law dangerous dog—a keeper of a local law dangerous dog.

(2) Section 14 does not apply to the keeper until 1 October 2009.

(3)If, from 1 October 2009, a keeper of a local law dangerous dog mentioned in subsection (1) (a) continues to comply with the local law weatherproof area requirement, the dog’s enclosure is taken to comply with section 14 until the earlier of the following—

(a)the keeper stops complying with the requirement;

(b)the dog dies.

(4)In this section—

local law weatherproof area requirement means a requirement under a local law, or resolution, of the relevant local government for a local law dangerous dog for a weatherproof sleeping area for local law dangerous dogs that is the same as, or similar to, repealed part 16, section 89 in force immediately before 1 July 2009.

s 45 amd 2009 SL No. 201 s 13

46Public notice

(1) Subsection (2) applies to a sign for a local law dangerous dog complying with requirements under a local law, or a resolution, of the relevant local government for the dog displayed or erected before 1 July 2009 that was still displayed or erected immediately before that date.

(2)The sign is taken to comply with the requirements under part 2, division 4.

(3)In this section—

sign, for a local law dangerous dog, means a sign complying with the same, or substantially the same, requirements prescribed under the Local Government Act 1993 , former section 1193ZD in force immediately before 1 July 2009.

47References to repealed part 16

(1)A reference in another Act or document to repealed part 16 may, if the context permits, be taken as a reference to part 2, division 3.

(2)A reference in another Act or document to a particular provision of repealed part 16 (the repealed provision) may, if the context permits, be taken as a reference to any provision of part 2, division 3, all or part of which corresponds, or substantially corresponds, to the repealed provision.

(3)This section is subject to the other provisions of this part.

section 19

section 20, 21 or 22

section 32

sch 3 amd 2010 SL No. 121 s 5

sub 2011 SL No. 89 s 4

amd 2012 SL No. 92 s 9; 2013 SL No. 102 s 8; 2014 SL No. 113 s 8

sub 2015 SL No. 57 s 8

section 33

1Information about owner

The following information about a cat or dog is prescribed for its owner—

(a)residential address;

(b)contact telephone number;

(c)name and contact telephone number of a person, if any, other than the owner, who may be contacted about the cat or dog.

2Information about cat or dog

(1)The following information about a cat or dog is prescribed for the cat or dog—

(a)breed;

(b)colour;

(c)sex;

(d)either—

(i)if its date of birth is known—date of birth; or

(ii)otherwise—approximate age at the time it is implanted with a PID;

(e)date it is implanted with a PID;

(f)if it is already implanted with a PID and the PID number for the PID is known—the PID number;

(g)whether it is desexed, or if information about whether it is desexed is unknown, that it is unknown;

(h)relevant address;

(i)name of the relevant local government;

(j)if the dog is a regulated dog—the dog is a declared dangerous dog, declared menacing dog or restricted dog;

(k)if the dog is a decommissioned greyhound—

(i)it is decommissioned; and

(ii)details of the program completed, including the date the program was completed.

(2)In this section—

program means—

(a)a program prescribed under section 31; or

(b)a program for decommisioning greyhounds prescribed under a corresponding law.

relevant address, for a cat or dog, means—

(a)if the dog is a restricted dog—the address of the place for which a restricted dog permit has been issued; or

(b)otherwise—the address of the place stated in the registration notice as the address for it.

s 2 amd 2013 SL No. 202 s 3

3Information about authorised implanter

The following information about a cat or dog is prescribed for the authorised implanter implanting it with a PID—

(a)name;

(b)business address;

(c)contact telephone number.

section 3

AIRC means Animal Industries Resource Centre ABN 54 057 048 664.

applicant, for part 4, division 2, see section 23.

approval, for part 4, division 2, see section 23.

BNIT means Brisbane North Institute of TAFE ABN 54 456 676 679.

decommissioned greyhound has the meaning given in section 197 (3) of the Act.

effective control has the meaning given under section 64 of the Act as if the reference to regulated dog was a reference to any dog.

incident, relating to a dog, means an incident in which the dog—

(a)has attacked, seriously or otherwise, or acted in a way that caused fear to, a person or another animal; or

(b)may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, attack, seriously or otherwise, or act in a way that causes fear to, the person or animal.

keeper, of a local law dangerous dog, means the keeper of the dog as defined under a local law of the relevant local government for the dog.

local law dangerous dog means a dog that was declared to be a dangerous dog under a local law.

registered training organisation see the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

def registered training organisation amd 2014 SL No. 103 s 43 sch 2

repealed part 16 means the repealed Local Government Regulation 2005 , part 16.

yellow means the colour yellow complying with AS 1319-1994 ‘Safety signs for the occupational environment’, paragraph 3.5 (Sign face materials and colours), as in force on 1 July 2009.

def yellow prev def om 2009 SL No. 201 s 14

pres def ins 2012 SL No. 92 s 10