Animal Management (Cats and Dogs) Act 2008

An Act for the identification and management of cats and dogs and the registration of dogs

Long title amd 2009 No. 51 s 36; 2013 No. 41 s 28

1Short title

This Act may be cited as the Animal Management (Cats and Dogs) Act 2008.

2Commencement

(1)The provisions of this Act, other than the following, commence on 1 July 2009—

•the provisions mentioned in subsection (2)

•section 227.

(2)The following provisions commence on a day to be fixed by proclamation—

•section 172(1) and (2)

•section 173(1) to (3)

•sections 174 to 176.

3Purposes of Act

The purposes of this Act are to—

(a)provide for the identification of cats and dogs; and

(b)provide for the registration of dogs; and

(c)provide for the effective management of regulated dogs; and

(d)promote the responsible ownership of cats and dogs; and

Note—

For the welfare of animals generally, see the Animal Care and Protection Act 2001.

(e)promote the responsible breeding of dogs.

s 3 amd 2009 No. 51 s 37; 2013 No. 41 s 29; 2016 No. 28 s 6

4How purposes are to be primarily achieved

The purposes are to be primarily achieved by the following—

(a)imposing obligations about identification devices for cats and dogs on their owners, sellers, authorised implanters and operators of pounds or shelters;

(b)imposing obligations on owners and veterinary surgeons about tattooing cats and dogs for desexing;

(c)imposing registration obligations on dog breeders;

(d)regulating the supply of dogs and the advertising of dogs for supply;

(e)providing for the sharing of information about dog breeders with particular agencies and entities that are responsible for animal welfare;

(f)imposing registration obligations on dog owners;

(g)imposing obligations on regulated dog owners;

(h)providing for the chief executive to establish a breeder register and regulated dog register;

(i)appointing authorised persons to investigate, monitor and enforce compliance with this Act;

(j)requiring those who may provide PPID registry services to be licensed and imposing obligations on licensees;

(k)requiring local governments to keep a general register about dogs;

(l)imposing obligations on particular persons to ensure dogs do not attack or cause fear;

(m)prohibiting anyone from allowing or encouraging a dog to attack or cause fear to people or other animals.

s 4 amd 2009 No. 51 s 38; 2013 No. 41 s 30; 2015 No. 15 s 99 sch 1; 2016 No. 28 ss 7, 71 sch 1

5Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

6Relationship with local laws

(1)This Act does not prevent a local law from imposing requirements in relation to cats or dogs generally.

(2)Without limiting subsection (1), a local government may make a local law—

(a)prohibiting anyone in its local government area, other than an exempted person, from possessing a dog of a particular breed; or

(b)imposing registration obligations on owners of cats.

(3)Subject to subsection (2), if this Act and a local law are inconsistent about a requirement, the local law is invalid to the extent of the inconsistency.

(4)This section applies for a local law whenever it was made.

(5)In this section—

breed includes crossbreed of a breed.

exempted person means an authorised person exercising functions or powers under this Act or a local law.

local law includes a subordinate local law.

prohibits includes a prohibition that does not provide for a penalty if the prohibition is contravened.

s 6 amd 2013 No. 41 s 31

7Act does not affect other rights or remedies

(1)Subject to sections 41 and 103, this Act does not limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

(3)In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.

8Definitions

The dictionary in schedule 2 defines particular words used in this Act.

9Who is an owner of a cat or dog

(1)Each person as follows is an owner of a cat or dog—

(a)a person who is—

(i)the registered owner of the dog; or

(ii)if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law;

(b)a person who owns the cat or dog, in the sense of it being the person’s personal property;

(c)a person who usually keeps the cat or dog, including through an agent, employee or anyone else;

(d)if a person mentioned in paragraphs (a) to (c) is a child—a parent or guardian of the child.

(2)For subsection (1)(c), a person does not usually keep a cat or dog—

(a)merely because the person occupies a place at which the cat or dog is kept if someone else who is an adult and lives at the place keeps it; or

(b)if the person keeps the cat or dog as an employee of someone else and the person is acting within the scope of the employment; or

(c)merely because the person is an inspector under the Animal Care and Protection Act 2001 or is performing functions, or exercising powers, in that capacity under that Act.

(3)If a person owns a female cat or dog and the female has offspring, the person is taken to be the offspring’s owner immediately after its birth.

s 9 amd 2009 No. 17 s 290; 2013 No. 41 s 32; 2016 No. 28 s 71 sch 1

10Who is a responsible person for a dog

(1)A person is a responsible person for a dog if—

(a)the person, or the person’s employee acting within the scope of the employment, has immediate control or custody of the dog; or

(b)the person is the parent or guardian of a child who has immediate control or custody of the dog; or

(c)the person occupies the place at which the dog is usually kept.

(2)However, a person is not a responsible person for the dog—

(a)merely because the person occupies a place at which the dog is usually kept if someone else who is an adult and lives at the place keeps the dog; or

(b)if the person has the control or custody of or keeps the dog as an employee of someone else and the person is acting within the scope of the employment.

s 10 amd 2016 No. 28 s 71 sch 1

11What is a cat or dog

(1)A cat is an animal of the species Felis catus, or domestic cat.

(2)A dog is an animal of the species Canis lupus familiaris, or domestic dog.

12Identification devices under Act

(1)A prescribed permanent identification device or PPID is a microchip or other electronic device that—

(a)is capable of being permanently implanted in a cat or dog; and

(b)is designed to record information in a way that can be electronically retrieved; and

(c)complies with the requirements prescribed by regulation for the device.

(2)A registration device is a device, to help identify a dog, decided by a resolution of the relevant local government for the dog.

Example of a registration device—

a tag for the collar of a dog

s 12 amd 2013 No. 41 s 48 (1) sch 1 pt 1

sub 2015 No. 15 s 25

12AWhen a person breeds a dog

(1)A person breeds a dog if the dog is born to a female dog that is usually kept by the person, including through an agent, employee or anyone else.

(2)However, if the person who usually keeps the female dog is a child, the dog born to the female dog is taken to have been bred by a parent or guardian of the child.

(3)For subsections (1) and (2), it is irrelevant whether the person or, if the person is a child, a parent or guardian of the person intends to keep the dog or supply it to another person.

s 12A ins 2016 No. 28 s 8

ch 2 pt 1 div 1 hdg amd 2016 No. 28 s 9

14Owner must ensure cat or dog is implanted

(1)A person who is or becomes an owner of a cat or dog that is not implanted with a PPID must ensure the cat or dog is implanted with a PPID before it is 12 weeks old unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Note—

A cat or dog that is more than 12 weeks old on the commencement of this section need not be implanted with a PPID unless it is supplied. See section 43Y.

(2)It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove—

(a)there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting it with a PPID is likely to be a serious risk to the health of the cat or dog; or

(b)for a dog, the ownership is to use it as—

(i)a government entity dog; or

(ii)a working dog; or

(iii)another class of dog prescribed under a regulation.

s 14 amd 2016 No. 28 s 71 sch 1

16Notice of changed PPID information

(1)This section applies if PPID information for a cat or dog changes (the changed information).

(2)The owner of the cat or dog must, within 7 days, give notice of the changed information to a licence holder unless the person has a reasonable excuse.

Maximum penalty—5 penalty units.

Note—

The licence holder must electronically update the information within 7 days after receiving it. See section 36(2).

s 16 amd 2015 No. 15 s 99 sch 1; 2016 No. 28 s 71 sch 1

ch 2 pt 1 div 3 hdg sub 2015 No. 15 s 27

21Only authorised implanter may implant PPID

A person, other than an authorised implanter, must not implant a PPID in a cat or dog.

Maximum penalty—100 penalty units.

22Electronic identification device that is not a PPID must not be implanted

An authorised implanter must not implant an electronic identification device that is not a PPID into a cat or dog.

Maximum penalty—60 penalty units.

s 22 sub 2015 No. 15 s 28

23Requirements for PPID

Before an authorised implanter implants a PPID in a cat or dog, the authorised implanter must ensure the PPID—

(a)stores the unique identification number for the PPID; and

(b)complies with the requirements prescribed under a regulation.

Maximum penalty—40 penalty units.

s 23 amd 2015 No. 15 s 29

24Age restriction for implanting PPID

(1)An authorised implanter must not implant a PPID in a cat or dog that is less than 8 weeks old, unless—

(a)the implanter has a reasonable excuse; or

(b)the implanter is a veterinary surgeon who considers implanting the PPID is not likely to be a serious risk to the health of the cat or dog; or

(c)there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting the PPID when it is less than 8 weeks old is not likely to be a serious risk to the health of the cat or dog.

Maximum penalty—60 penalty units.

(2)It is a reasonable excuse if the cat or dog’s owner advised the implanter that it was 8 weeks or older.

s 24 amd 2009 No. 51 s 40

25PPID information must be given to licence holder

(1)This section applies to an authorised implanter who implants a PPID in a cat or dog.

(2)The authorised implanter must, within 7 days, give notice to a licence holder providing a PPID registry service relating to the cat or dog stating—

(a)that it has been implanted with a PPID; and

(b)the unique identification number for the PPID.

Maximum penalty—20 penalty units.

Note—

See also section 37 for the identifying information or PPID information that an authorised implanter may give to particular persons.

s 25 amd 2013 No. 41 s 33; 2015 No. 15 s 30; 2016 No. 28 s 71 sch 1

26PPID information must be kept

(1)This section applies to an authorised implanter who has, under section 25, given notice to a licence holder.

(2)The authorised implanter must keep the PPID information for the cat or dog for 1 year after the cat or dog is implanted unless the implanter has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)It is a reasonable excuse if the PPID information is destroyed by fire, flood or storm.

s 26 amd 2015 No. 15 s 99 sch 1

27Chief executive may suspend or prohibit

If the chief executive reasonably believes a ground under section 28 exists in relation to an authorised implanter, the chief executive may, by complying with sections 29 to 33, take the following action (the proposed action) against the implanter—

(a)prohibit the implanter from implanting PPIDs in cats or dogs for a stated period (suspension);

(b)prohibit the implanter from implanting PPIDs in cats or dogs indefinitely (prohibition).

28Grounds for suspension or prohibition

Each of the following is a ground for section 27—

(a)giving the chief executive or a licence holder false or misleading information relating to the performance of functions under this Act;

(b)a failure to comply with this part.

29Show cause notice

(1)The chief executive must give the implanter a notice under this section (a show cause notice).

(2)The show cause notice must state—

(a)the proposed action; and

(b)the grounds for the proposed action; and

(c)an outline of the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension—the proposed suspension period; and

(e)that the implanter may, within a stated period (the show cause period), make written representations to the chief executive why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the implanter.

30Representations about show cause notice

(1)The implanter may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.

(2)The chief executive must consider all representations (the accepted representations) made under subsection (1).

31Ending show cause process without further action

(1)This section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action.

(2)The chief executive must not take any further action about the show cause notice.

(3)The chief executive must give the implanter a notice stating that the proposed action will not be taken.

32Suspension or prohibition

(1)This section applies if—

(a)there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or

(b)there are no accepted representations.

(2)If the chief executive believes suspension or prohibition of the implanter is warranted, the chief executive may—

(a)if the proposed action was suspension—suspend the implanter for no longer than the stated period; or

(b)if the proposed action was prohibition—either prohibit the implanter or suspend the implanter for a stated period.

(3)The chief executive must give an information notice for the decision to the implanter.

(4)The decision takes effect on the later of the following days—

(a)the day the information notice is given to the implanter;

(b)the day stated in the information notice for that purpose.

33Immediate suspension

(1)The chief executive may suspend the implanter immediately if the chief executive believes—

(a)a ground exists to suspend or prohibit the implanter from implanting PPIDs; and

(b)it is necessary to suspend the implanter immediately because there is an immediate and serious risk of harm to the effectiveness of the identification or registration of cats or dogs under this Act.

(2)The suspension—

(a)must be effected by an information notice for the decision given by the chief executive to the implanter to suspend the implanter together with a show cause notice; and

(b)operates immediately the notices are given; and

(c)continues to operate until the earliest of the following happens—

(i)the chief executive cancels the remaining period of the suspension;

(ii)the show cause notice is finally dealt with;

(iii)28 days have passed since the notices were given to the implanter.

ch 2 pt 1 div 4 hdg sub 2015 No. 15 s 31

34PPID must not be removed or otherwise interfered with

(1)A person must not remove or otherwise interfere with a PPID that is implanted in a cat or dog unless—

(a)the person is a veterinary surgeon; and

(b)the removal or interference is needed to address a serious risk to the health of the cat or dog.

Maximum penalty—100 penalty units.

(2)In this section—

interfere with, a PPID, means to interfere with it in a way that causes the PPID not to work properly.

s 34 amd 2009 No. 51 s 41; 2015 No. 15 s 99 sch 1

ch 2 pt 1 div 5 hdg sub 2015 No. 15 s 32

35Person must not offer or provide PPID registry service

A person, other than a licence holder, must not offer or provide a PPID registry service.

Maximum penalty—100 penalty units.

s 35 amd 2015 No. 15 s 99 sch 1

36Licence holder’s obligations

(1)A licence holder must, for each cat or dog for which the holder is providing a PPID registry service, keep and maintain—

(a)the PPID information for the cat or dog; and

(b)copies of the records from which the information was obtained.

Maximum penalty—180 penalty units.

(2)If, under section 16, the licence holder receives a notice about changed information for the cat or dog, the holder must, within 7 days, electronically update the information in a way that reflects the change.

Maximum penalty—180 penalty units.

s 36 amd 2015 No. 15 s 99 sch 1

ch 2 pt 1 div 6 hdg amd 2013 No. 41 s 34

sub 2015 No. 15 s 33

37Authorised implanter may give identifying information or PPID information to particular persons

An authorised implanter who has implanted a PPID in a cat or dog must not give any identifying information or PPID information for the cat or dog to another person unless—

(a)the person is—

(i)engaged or employed by the implanter performing functions under this Act; or

(ii)a licence holder or a person engaged or employed by the holder, performing functions under this Act; or

(iii)the owner of the cat or dog; or

(iv)the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or

(v)the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or

(vi)an authorised person performing functions under this Act; or

(b)the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.

Maximum penalty—30 penalty units.

s 37 amd 2013 No. 41 s 35; 2015 No. 15 s 99 sch 1

38Licence holder may give identifying information or PPID information to particular persons

A licence holder providing a PPID registry service must not give any identifying information or PPID information for a cat or dog to another person unless—

(a)the person is—

(i)another licence holder or person engaged or employed by the holder, performing functions under this Act; or

(ii)an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or

(iii)the owner of the cat or dog; or

(iv)the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or

(v)the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or

(vi)an authorised person performing functions under this Act; or

(b)the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.

Maximum penalty—30 penalty units.

s 38 amd 2013 No. 41 s 36; 2015 No. 15 s 99 sch 1

39Relevant local government may give identifying information to particular persons

A relevant local government for a cat or dog must not give any identifying information for the cat or dog to a person unless—

(a)the person is—

(i)an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or

(ii)a licence holder or person engaged or employed by the holder, performing functions under this Act; or

(iii)the owner of the cat or dog; or

(iv)the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or

(v)the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or

(vi)an authorised person performing functions under this Act; or

(b)the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.

40Operator must ensure cat or dog is scanned

(1)This section applies to the operator of a pound or shelter.

(2)The operator must ensure a cat or dog entering the pound or shelter is scanned, within 3 days after its entry, in a way that is likely to detect a PPID implanted in the cat or dog.

Maximum penalty—30 penalty units.

(3)Subsection (2) does not apply to the operator if—

(a)the cat or dog behaves aggressively towards a person attempting to scan the cat or dog; and

(b)the operator reasonably believes that compliance with subsection (2) may endanger the health of anyone attempting to scan the cat or dog.

(4)In this section—

pound or shelter includes a veterinary surgery to the extent it provides shelter for a cat or dog that is homeless, lost or stray.

s 40 amd 2015 No. 15 s 99 sch 1

41Protection of particular persons dealing with cat or dog

(1)This section applies if—

(a)either—

(i)a cat or dog is scanned in the way required under section 40(2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or

(ii)section 40(3) applies in relation to the cat or dog; and

(b)a person mentioned in section 40 or someone else (the protected person) who does not know who owns the cat or dog deals with it relying on—

(i)the result of the scan; or

(ii)the absence of a scan of the cat or dog because of the matters mentioned in section 40(3).

(2)The protected person is not civilly liable to the owner in relation to the dealing to the extent that—

(a)the dealing is adverse to the owner’s rights concerning the cat or dog or may have an effect on the owner’s health; and

Examples—

1giving the cat or dog away

2destroying the cat or dog

(b)apart from this section, the dealing would give rise to a right of action by the owner against the protected person.

(3)Also, the protected person is not criminally liable for doing any act or making any omission in relation to the cat or dog if the act or omission could lawfully be done or omitted to be done by the owner.

s 41 amd 2015 No. 15 s 99 sch 1

42Desexed cat or dog must be tattooed

(1)An owner of a desexed cat or dog must ensure the cat or dog is tattooed when it is desexed.

Maximum penalty—20 penalty units.

Note—

See section 215 for circumstances in which an owner of a cat or dog does not contravene subsection (1).

(2)A veterinary surgeon desexing a cat or dog must ensure it is tattooed for desexing.

Maximum penalty—20 penalty units.

(3)It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove the cat or dog—

(a)is a cat or dog for which there is a signed veterinary surgeon’s certificate stating, or other evidence, that tattooing the cat or dog is likely to be a serious risk to its health; or

(b)is, or is proposed to be, a show cat or dog and tattooing it may reasonably be considered by a person acting as a judge of the cat or dog as a blemish that is detrimental to its value as a show cat or dog.

(4)In this section—

show cat or dog means a cat or dog participating in or being exhibited at an exhibition supervised by a body recognised for this section by the relevant local government.

s 42 amd 2016 No. 28 s 71 sch 1

43Person must not tattoo an undesexed cat or dog

A person must not tattoo an undesexed cat or dog for desexing.

Maximum penalty—100 penalty units.

ch 2A hdg ins 2016 No. 28 s 11

ch 2A pt 1 hdg ins 2016 No. 28 s 11

43ADefinitions for chapter

In this chapter—

accreditation number see section 43C(1).

accredited breeder, of an approved entity, see section 43B(1).

approval day, for an approved entity, means the day the entity is prescribed as an approved entity under section 43W.

approved entity means an entity prescribed as an approved entity under section 43W.

breeder ID number, of a registered breeder, see section 43G(1)(b).

designated details, of a person, means the following details—

(a)the person’s name;

(b)the address of—

(i)if the person is an individual—the person’s place of residence; or

(ii)if the person is a body corporate—the body corporate’s place of business, head office or registered office;

(c)the local government area in which—

(i)if the person is an individual—the person’s place of residence is located; or

(ii)if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;

(d)the person’s telephone number;

(e)the person’s email address.

ineligible person see section 43D.

online breeder registration system means the online system for breeder registration and related matters on, or accessible from, the department’s website.

registered breeder means a person registered under part 2.

registration date see section 43G(2)(c).

renewal date see section 43L(2)(c).

renewal fee see section 43J(2)(b)(ii).

renewal notice see section 43J(1).

s 43A ins 2016 No. 28 s 11

43BWho is an accredited breeder

(1)A person is an accredited breeder, of an approved entity, if the person is accredited by the approved entity to breed dogs under an accreditation scheme conducted by the approved entity.

(2)For subsection (1), it does not matter that the person is accredited before the approval day for the approved entity.

(3)However, if the person is accredited before the approval day for the approved entity, the person only becomes an accredited breeder of the approved entity on the approved entity’s approval day.

s 43B ins 2016 No. 28 s 11

43CWhat is an accreditation number

(1)An accreditation number is the unique identifying number an approved entity gives a person who is an accredited breeder of the approved entity.

(2)For subsection (1), it does not matter that the unique identifying number is given before the approval day for the approved entity.

(3)However, if the unique identifying number is given before the approval day for the approved entity, the number only becomes the accreditation number of the accredited breeder on the approved entity’s approval day.

s 43C ins 2016 No. 28 s 11

43DWho is an ineligible person

A person is an ineligible person if—

(a)the person is a child; or

(b)the person is subject to—

(i)a prohibition order or an interim prohibition order made under the Animal Care and Protection Act 2001; or

(ii)an order made under a law of another State or the Commonwealth having the same, or substantially the same, effect as an order mentioned in subparagraph (i); or

(c)the person’s registration as a registered breeder has been cancelled under part 2, division 4 in the last 5 years; or

(d)the person’s registration, under a corresponding law, to breed dogs has been cancelled in the last 5 years.

s 43D ins 2016 No. 28 s 11

ch 2A pt 2 hdg ins 2016 No. 28 s 11

ch 2A pt 2 div 1 hdg ins 2016 No. 28 s 11

43ERegistration obligation

(1)This section applies to a person who—

(a)breeds a dog; and

(b)on the day the dog is born, is not a registered breeder.

(2)The person must, within 28 days after the day the dog is born, apply to be registered as a registered breeder unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(3)However, a person does not commit an offence against subsection (2) if the person is—

(a)an accredited breeder of an approved entity; or

(b)a primary producer who has bred the dog from a working dog—

(i)to use as a working dog; or

(ii)to supply the dog to another primary producer to use as a working dog; or

(c)a member of a class of persons prescribed by regulation.

(4)Also, a person does not commit an offence against subsection (2) if the dog dies within 28 days after the day it is born.

s 43E ins 2016 No. 28 s 11

43FApplying for registration

(1)A person, other than an ineligible person, may apply to the chief executive to be registered as a registered breeder.

(2)The application must be made—

(a)electronically using the online breeder registration system; or

(b)in the approved form.

(3)Also, the application must—

(a)include the designated details of the person; and

(b)be accompanied by the fee prescribed by regulation.

s 43F ins 2016 No. 28 s 11

43GRegistration of person as registered breeder

(1)The chief executive must, as soon as practicable after receiving an application under section 43F—

(a)register the person as a registered breeder by recording the person’s designated details in the breeder register; and

(b)issue a unique identifying number (the breeder ID number) for the person; and

(c)give the person a notice about the person’s registration as a registered breeder.

(2)The notice must state—

(a)the designated details of the person as recorded in the breeder register; and

(b)the person’s breeder ID number; and

(c)the date the person was registered (the registration date).

s 43G ins 2016 No. 28 s 11

43HPeriod of registration

A person’s registration as a registered breeder ends 1 year after the registration date stated in the notice given to the person under section 43G, unless the registration is sooner cancelled under division 4.

s 43H ins 2016 No. 28 s 11

43INo transfer of registration

A person’s registration as a registered breeder may not be transferred.

s 43I ins 2016 No. 28 s 11

ch 2A pt 2 div 2 hdg ins 2016 No. 28 s 11

43JChief executive must give renewal notice

(1)The chief executive must give a registered breeder a notice (a renewal notice) to renew the breeder’s registration as a registered breeder.

(2)The renewal notice must—

(a)be given at least 14 days before the registration ends; and

(b)state—

(i)the designated details of the registered breeder as recorded in the breeder register; and

(ii)that the registered breeder may renew the registration by paying the fee (the renewal fee) prescribed by regulation to the chief executive; and

(iii)the period for which the registration is to be renewed.

s 43J ins 2016 No. 28 s 11

43KApplying for renewal of registration

(1)The registered breeder may renew the breeder’s registration, before the registration ends, by paying the renewal fee.

(2)This section applies whether or not the registered breeder has been given a renewal notice.

s 43K ins 2016 No. 28 s 11

43LRenewal of registration

(1)The chief executive must, within 14 days after receiving the renewal fee, give the registered breeder a notice about the renewal of registration as a registered breeder.

(2)The notice must state—

(a)the designated details of the registered breeder as recorded in the breeder register; and

(b)the breeder ID number of the registered breeder; and

(c)the date (the renewal date) the person’s registration as a registered breeder was renewed.

s 43L ins 2016 No. 28 s 11

43MPeriod of renewal of registration

A person’s registration ends 1 year after the renewal date stated in the notice given to the person under section 43L, unless the registration is sooner cancelled under division 4.

s 43M ins 2016 No. 28 s 11

ch 2A pt 2 div 3 hdg ins 2016 No. 28 s 11

43NRegistered breeder must give chief executive changed information

(1)This section applies if the designated details of a registered breeder change.

(2)The registered breeder must, unless the breeder has a reasonable excuse, within 7 days after the designated details change, give the chief executive notice of the change in a way mentioned in subsection (3).

Maximum penalty—50 penalty units.

(3)The notice must be given—

(a)electronically using the online breeder registration system; or

(b)in the approved form.

s 43N ins 2016 No. 28 s 11

43OChief executive must record changed information and give notice of change

(1)This section applies if the chief executive receives a notice, from a registered breeder, under section 43N.

(2)The chief executive must—

(a)as soon as practicable after receiving the notice, record the change in the designated details of the registered breeder in the breeder register; and

(b)within 14 days after receiving the notice, give the registered breeder a notice stating the designated details of the registered breeder as recorded in the register.

s 43O ins 2016 No. 28 s 11

ch 2A pt 2 div 4 hdg ins 2016 No. 28 s 11

43PGrounds for suspension or cancellation

Each of the following is a ground for suspending or cancelling a person’s registration as a registered breeder—

(a)the person becomes an ineligible person under section 43D(b);

(b)the person was registered because of a materially false or misleading representation or declaration;

(c)the person is charged with an animal welfare offence;

(d)the person is charged with an offence against a law of the Commonwealth or another State if the act or omission constituting the offence would, if it happened in Queensland, be an animal welfare offence.

s 43P ins 2016 No. 28 s 11

43QShow cause notice

(1)This section applies if the chief executive believes a ground exists under section 43P to suspend or cancel (the proposed action) a person’s registration as a registered breeder.

(2)The chief executive must give the person a notice (a show cause notice)—

(a)stating the proposed action; and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is to suspend the registration—stating the period of the proposed suspension; and

(e)inviting the person, within a stated period (the show cause period), to make written representations to the chief executive about why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 21 days after the day the show cause notice is given to the person.

s 43Q ins 2016 No. 28 s 11

43RRepresentations about show cause notice

(1)The person may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.

(2)The chief executive must consider all representations (the accepted representations) made under subsection (1).

s 43R ins 2016 No. 28 s 11

43SEnding show cause process without further action

If, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action, the chief executive—

(a)must not take any further action about the show cause notice; and

(b)must, as soon as practicable, give the person a notice stating the proposed action will not be taken.

s 43S ins 2016 No. 28 s 11

43TSuspension or cancellation

(1)This section applies if, after considering any accepted representations, the chief executive—

(a)still believes a ground exists to take the proposed action; and

(b)believes the proposed action is warranted.

(2)This section also applies if there are no accepted representations.

(3)The chief executive may decide to—

(a)if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period; or

(b)if the proposed action was to cancel the registration—cancel the registration or suspend it for a stated period.

(4)The chief executive must, as soon as practicable after making the decision, give the person an information notice for the decision.

(5)The decision takes effect on the later of the following days—

(a)the day the information notice is given to the person;

(b)the day stated in the information notice.

s 43T ins 2016 No. 28 s 11

43UImmediate suspension

(1)The chief executive may decide to suspend a person’s registration as a registered breeder immediately if the chief executive believes—

(a)a ground exists to take proposed action in relation to the person’s registration; and

(b)it is necessary to suspend the registration immediately because there is an immediate and serious risk—

(i)to the welfare of dogs; or

(ii)of harm to the effectiveness of the registration of persons as registered breeders under this Act.

(2)The chief executive must, as soon as practicable after making the decision, give the person—

(a)an information notice for the decision to suspend the registration immediately; and

(b)a show cause notice in relation to the proposed action.

(3)The suspension—

(a)takes effect when the notices are given to the person; and

(b)continues until the earliest of the following—

(i)the chief executive ends the suspension;

(ii)the show cause notice is finally dealt with;

(iii)the day that is 28 days after the notices were given to the person.

s 43U ins 2016 No. 28 s 11

ch 2A pt 3 hdg ins 2016 No. 28 s 11

43VDefinition for part

In this part—

relevant information means—

(a)for a person who becomes an accredited breeder of an approved entity—

(i)the person’s designated details; and

(ii)the person’s accreditation number; and

(iii)the date the person becomes an accredited breeder of the approved entity; and

(iv)the date the person’s accreditation ends; or

(b)for a person who ceases to be an accredited breeder of an approved entity—

(i)the person’s designated details; and

(ii)the number that, immediately before the person ceases to be an accredited breeder of the approved entity, is the person’s accreditation number; and

(iii)the date the person ceases to be an accredited breeder of the approved entity.

s 43V ins 2016 No. 28 s 11

43WApproved entity may be prescribed

(1)A regulation may prescribe an entity as an approved entity.

(2)The Minister may recommend the making of a regulation under subsection (1) only if the Minister is satisfied—

(a)the entity conducts an accreditation scheme for persons who breed dogs; and

(b)the entity gives a unique identifying number to each person accredited under the accreditation scheme; and

(c)the accreditation scheme requires a person accredited under the scheme, within 7 days after the designated details of the person change, to give the entity notice of the change; and

(d)if the entity is prescribed as an approved entity, the entity would be able and willing to give the chief executive—

(i)the relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and

Note—

See section 43B for when a person becomes an accredited breeder of an approved entity.

(ii)the relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and

(iii)notice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and

(iv)any other information about a person mentioned in subparagraph (i), (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act.

s 43W ins 2016 No. 28 s 11

ch 2B hdg ins 2016 No. 28 s 11

ch 2B pt 1 hdg ins 2016 No. 28 s 11

43XWhat is a dog’s relevant supply number

(1)The relevant supply number is—

(a)for a dog bred by a person who is a registered breeder—the person’s breeder ID number; or

(b)for a dog bred by a person who applies for registration as a registered breeder within 28 days after the day the dog is born and who is registered as a registered breeder—the person’s breeder ID number.

(2)However, if a dog is bred by a registered breeder while the breeder’s registration is suspended under chapter 2A, part 2, division 4, the dog is taken not to have a relevant supply number.

(3)The relevant supply number for a dog bred by a person who is an accredited breeder of an approved entity is the person’s accreditation number.

(4)The relevant supply number for a dog bred by a person who is a recognised interstate breeder is the unique number that identifies the person as a recognised interstate breeder.

(5)The exemption number issued under part 5 for a dog is the relevant supply number for the dog.

(6)The breeder ID number of a pound or shelter is the relevant supply number for a dog impounded, or being provided shelter, by the pound or shelter if, when the dog entered the pound or shelter, there was no relevant supply number for the dog.

(7)In this section—

recognised interstate breeder means a person registered, however described, under a corresponding law to breed dogs.

shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.

s 43X ins 2016 No. 28 s 11

ch 2B pt 2 hdg ins 2016 No. 28 s 11

43YSupplier must ensure cat or dog is implanted

(1)A person must not, without reasonable excuse, supply a cat or dog to anyone else if it is not implanted with a PPID.

Maximum penalty—20 penalty units.

(2)It is not a reasonable excuse for subsection (1) that the cat or dog is less than 8 weeks old.

Note—

See section 24 for restrictions on implanting a PPID in a cat or dog that is less than 8 weeks old.

(3)In a proceeding for an offence against subsection (1) relating to the supply of a cat, it is a defence for the defendant to prove that, when the cat was supplied—

(a)the cat was at least 8 weeks old; and

(b)there was a veterinary surgeon’s certificate for the cat.

(4)In a proceeding for an offence against subsection (1) relating to the supply of a dog, it is a defence for the defendant to prove—

(a)when the dog was supplied—

(i)the dog was at least 8 weeks old; and

(ii)there was a veterinary surgeon’s certificate for the dog; and

(iii)the defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon’s certificate for the dog; or

(b)the supply of the dog was to use it—

(i)as a government entity dog; or

(ii)as a working dog; or

(iii)for another purpose prescribed by regulation.

(5)In this section—

veterinary surgeon’s certificate, for a cat or dog, means a certificate signed by a veterinary surgeon stating that implanting the cat or dog with a PPID is likely to be a serious risk to the health of the cat or dog.

s 43Y ins 2016 No. 28 s 11

ch 2B pt 3 hdg ins 2016 No. 28 s 11

43ZSupplier must know dog has relevant supply number

A person must not, without reasonable excuse, supply a dog to another person unless the person knows—

(a)there is a relevant supply number for the dog; and

(b)the PPID information kept for the dog under section 36 includes the relevant supply number.

Note—

Under section 38, the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.

Maximum penalty—50 penalty units.

s 43Z ins 2016 No. 28 s 11

43ZAExceptions for supply of dog

(1)A person does not commit an offence against section 43Z if the dog is supplied in any of the following circumstances—

(a)the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;

(b)the dog is supplied by a member of a class of persons prescribed under section 43E(3)(c);

(c)the dog is supplied to a pound or shelter.

(2)Also, if the dog is not required under section 43Y(1) to be implanted with a PPID for the supply, a person does not commit an offence against section 43Z only because the person does not know the matter mentioned in section 43Z(b).

(3)In this section—

shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.

s 43ZA ins 2016 No. 28 s 11

43ZBAdvertiser must know dog has relevant supply number

A person must not, without reasonable excuse, advertise a dog for supply unless the person knows—

(a)there is a relevant supply number for the dog; and

(b)the PPID information kept for the dog under section 36 includes the relevant supply number.

Note—

Under section 38, the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.

Maximum penalty—50 penalty units.

s 43ZB ins 2016 No. 28 s 11

43ZCAdvertisement must include relevant supply number

A person who advertises a dog for supply must include the relevant supply number for the dog in the advertisement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

s 43ZC ins 2016 No. 28 s 11

43ZDExceptions for advertising supply of dog

(1)A person does not commit an offence against section 43ZB or 43ZC if the dog is advertised for supply in either of the following circumstances—

(a)the dog is bred, by a primary producer, from a working dog and is advertised for supply only to another primary producer to use as a working dog;

(b)the dog is advertised for supply by a member of a class of persons prescribed under section 43E(3)(c).

(2)Also, a person does not commit an offence against section 43ZB only because the person does not know the matter mentioned in section 43ZB(b) if—

(a)the dog is at least 8 weeks old and there is a veterinary surgeon’s certificate for the dog; or

(b)the dog is advertised for supply only—

(i)as a government entity dog; or

(ii)as a working dog; or

(iii)for another purpose prescribed by regulation.

s 43ZD ins 2016 No. 28 s 11

43ZEPrinter or publisher not liable in particular circumstances

A person does not commit an offence against section 43ZB or 43ZC merely because the person, as part of the person’s printing or publishing business, prints or publishes an advertisement for another person.

s 43ZE ins 2016 No. 28 s 11

ch 2B pt 4 hdg ins 2016 No. 28 s 11

amd 2020 No. 3 s 20

43ZFSupplier of dog must give particular details and form

(1)A person who supplies a dog to another person must, unless the person has a reasonable excuse, give the other person—

(a)a notice stating—

(i)the name of the supplier of the dog; and

(ii)the relevant supply number for the dog; and

(b)a change of ownership form that is completed and signed by the supplier of the dog.

Maximum penalty—50 penalty units.

(2)However, a person does not commit an offence against subsection (1) only because the person fails to comply with subsection (1)(a)(ii) if the dog is supplied in any of the following circumstances—

(a)the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;

(b)the dog is supplied by a member of a class of persons prescribed under section 43E(3)(c);

(c)the dog is supplied to a pound or shelter.

(3)In this section—

change of ownership form, for a dog, means a form (however called), prepared by the relevant PPID registry service for the dog, that records details about the supply of the dog from one person to another person including, for example, the PPID number for the dog.

supplier, of a dog, means—

(a)if the dog is supplied as part of a business activity that includes the supply of dogs—the person who conducts the business activity; or

(b)otherwise—the person who supplies the dog.

s 43ZF ins 2016 No. 28 s 11

amd 2020 No. 3 s 21

ch 2B pt 5 hdg ins 2016 No. 28 s 11

ch 2B pt 5 div 1 hdg ins 2016 No. 28 s 11

43ZGEligible person—primary producer

(1)A person is an eligible person in relation to a dog if—

(a)the dog—

(i)was bred, by a primary producer, from a working dog; and

(ii)was supplied to the person, when the person was a primary producer, to use as a working dog; and

(b)the person proposes to supply the dog to another person—

(i)who is not a primary producer; or

(ii)other than to use as a working dog.

(2)For subsection (1), it is irrelevant whether—

(a)the dog was supplied to the person by the primary producer who bred the dog or another person; or

(b)the person proposing to supply the dog is still a primary producer.

s 43ZG ins 2016 No. 28 s 11

43ZHEligible person—prescribed person

A person is also an eligible person in relation to a dog if—

(a)the dog was bred and supplied to the person by a member of a class of persons prescribed under section 43E(3)(c); and

(b)the person proposes to supply the dog to another person.

s 43ZH ins 2016 No. 28 s 11

43ZIEligible person—owner or responsible person

A person is also an eligible person in relation to a dog if the person—

(a)is the owner of, or responsible person for, the dog; and

(b)did not breed the dog; and

(c)does not conduct a business activity that includes the supply of dogs.

s 43ZI ins 2016 No. 28 s 11

ch 2B pt 5 div 2 hdg ins 2016 No. 28 s 11

43ZJApplying for exemption number

(1)A person who is an eligible person in relation to a dog may apply to the chief executive for an exemption number for the dog.

(2)The application must be made—

(a)electronically using the online breeder registration system; or

(b)in the approved form.

(3)The application must—

(a)include enough information to enable the chief executive to decide the application; and

(b)be accompanied by the fee prescribed by regulation.

s 43ZJ ins 2016 No. 28 s 11

43ZKDeciding application

(1)The chief executive must decide to approve, or refuse to approve, the application.

(2)The chief executive must decide to refuse to approve the application if satisfied the applicant is not an eligible person in relation to the dog.

(3)If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.

s 43ZK ins 2016 No. 28 s 11

43ZLFailure to decide application

(1)If the chief executive fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to approve the application.

(2)If the chief executive is taken to have decided to refuse to approve the application, the applicant is entitled to be given an information notice for the decision by the chief executive.

s 43ZL ins 2016 No. 28 s 11

43ZMChief executive must issue exemption number

If the chief executive decides to approve the application, the chief executive must, as soon as practicable after making the decision—

(a)issue a unique identifying number (an exemption number) for the dog; and

(b)give the applicant a notice stating the exemption number.

s 43ZM ins 2016 No. 28 s 11

ch 3 hdg sub 2013 No. 41 s 37

44Registration obligation

(1)This section does not apply to—

(a)the operator of a pound or shelter; or

Note—

However, the operator of a pound or shelter may be required under section 43E to apply to be registered as a registered breeder.

(b)the owner of a dog less than 12 weeks old.

(2)An owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days after starting to keep the dog in the area unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)A person who becomes an owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(4)It is a defence to a prosecution for an offence against subsection (2) or (3) for the defendant to prove the dog is—

(a)a government entity dog; or

(b)a working dog; or

(c)another class of dog prescribed under a regulation.

s 44 amd 2009 No. 17 s 293; 2013 No. 41 s 38; 2016 No. 28 s 12

45Dog must bear identification in particular circumstances

(1)This section applies if a dog, other than a regulated dog, is at a place other than the address stated in the registration notice for the dog.

(2)The person who keeps the dog must ensure it bears the identification prescribed under a local law unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Note—

See chapter 4, part 3, division 2 for permit conditions for restricted dogs and chapter 4, part 5 for permit conditions applying to declared dangerous dogs and declared menacing dogs.

s 45 amd 2009 No. 17 s 294; 2013 No. 41 s 39

ch 3 pt 2 hdg amd 2013 No. 41 s 40

46What owner must do

To register a dog with the relevant local government for the dog, the owner of the dog must—

(a)give the local government a registration form for it that complies with section 47; and

(b)ensure the registration form is accompanied by—

(i)the registration fee for the dog; and

(ii)if it is desexed—a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed; and

(c)if a notice is given to the owner under section 48(2)—give the chief executive officer of the local government any other information or documents required to be given in the notice.

s 46 amd 2013 No. 41 s 41

47What registration form must state

(1)A registration form for the registration of a dog in the relevant local government’s area, must—

(a)be in the approved form; and

(b)state all of the following information about its owner—

(i)name;

(ii)residential address;

(iii)contact telephone number;

(iv)email address, if any; and

(c)state all of the following information about the dog—

(i)age;

(ii)breed;

(iii)colour;

(iv)sex;

(v)any other noticeable distinguishing features or marks;

(vi)address;

(vii)if it is implanted with a PPID, the unique identification number stored on the PPID;

(viii)if it is desexed—that it has been desexed;

(ix)if the dog is a regulated dog—whether the dog is a declared dangerous dog, a declared menacing dog or a restricted dog.

(2)In this section—

address, for a dog, means—

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

(b)otherwise—the address of the place where the dog is usually kept or proposed to be kept.

s 47 amd 2009 No. 17 s 295; 2013 No. 41 s 48 (1) sch 1 pt 1; 2015 No. 15 s 34

48Chief executive officer may ask for further information

(1)This section applies if the owner of a dog gives the relevant local government for the dog—

(a)a registration form under section 46; or

(b)a notice mentioned in section 54(3) or 57(2).

(2)The chief executive officer of the local government may, by notice, require the owner to give other information or documents reasonably required to register the dog.

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

s 48 amd 2013 No. 41 s 48 (1) sch 1 pt 1

49Relevant local government must give registration notice

(1)This section applies if an owner of a dog complies with section 46 for the dog.

(2)The relevant local government for the dog must give its owner notice (the registration notice) that the dog has been registered by the local government.

(3)The registration notice must—

(a)be given to the owner within 14 days after the dog is registered in the local government’s area; and

(b)state—

(i)the information, for the owner and the dog, required to be given under sections 47 and 48(2); and

(ii)the period of the registration; and

(c)be accompanied by any registration device for the dog; and

(d)include any other information prescribed under a regulation.

s 49 amd 2009 No. 17 s 296; 2013 No. 41 s 42

50Duration of registration

(1)Registration of a dog is for the period of years fixed by resolution of the relevant local government for the dog.

(2)However, the period must not be more than 3 years.

s 50 amd 2013 No. 41 s 48 (1) sch 1 pt 1

51Local government must keep registration form and information

A local government giving a registration notice to the owner of a dog must—

(a)keep the registration form and other information about the dog given to it by the owner; and

(b)if the information must be recorded in a register kept by the chief executive officer of the local government— within 7 days, record the information in the appropriate register.

s 51 amd 2013 No. 41 s 48 (1) sch 1 pt 1

52Registration fee must be fixed to give desexing incentive

(1)This section applies to a relevant local government in fixing the registration fee for a dog usually kept or proposed to be kept in the local government’s area.

(2)The local government must fix the fee to give the owner of the dog an incentive to desex it.

Example of an incentive to desex a dog—

fixing a lower registration fee for a dog that is desexed

(3)In this section—

dog means a dog other than a declared dangerous dog or restricted dog.

Note—

See section 70 in relation to the compulsory desexing of declared dangerous dogs and restricted dogs.

s 52 amd 2013 No. 41 s 48 (1) sch 1 pt 1; 2016 No. 28 s 71 sch 1

53Registration fee to be used for achievement of Act’s purposes

A registration fee paid to a local government must be used—

(a)for the purposes of this Act; and

(b)to administer local laws relating to the management of dogs.

s 53 amd 2013 No. 41 s 48 (2) sch 1 pt 2

54Amendment of registration

(1)This section applies if any information stated on the registration notice for a dog changes (the changed information).

(2)However, this section does not apply if the changed information is a change of residential address for a relevant person mentioned in schedule 1, section 8.

(3)The owner of the dog must, within 7 days, give the relevant local government notice of the changed information.

Maximum penalty—5 penalty units.

(4)The notice must be—

(a)in the approved form; and

(b)accompanied by other information or documents to enable the relevant local government to record the changed information in the appropriate register.

s 54 amd 2009 No. 17 s 297; 2013 No. 41 s 48 (1) sch 1 pt 1; 2016 No. 28 s 71 sch 1

55Relevant local government must give notice of change

(1)This section applies if the chief executive officer of the relevant local government for a dog is given a notice under section 54(3).

(2)The chief executive officer may ask the owner of the dog for other information or documents in the way mentioned in section 48.

(3)The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48(2).

Maximum penalty—5 penalty units.

(4)If the owner complies with subsection (3), the chief executive officer must—

(a)within 7 days after receiving a notice mentioned in section 54(3) or other information or document given under section 48, ensure the information is updated in the appropriate register in a way that reflects the change; and

(b)within 14 days after receiving the notice, ensure the owner is given a notice for the dog that includes the changed information mentioned in section 54.

s 55 amd 2009 No. 17 s 298; 2013 No. 41 s 48 (1) sch 1 pt 1

56Relevant local government must give renewal notice

(1)The chief executive officer of the relevant local government for a dog must give its owner notice (the renewal notice) to renew the registration for the dog.

(2)The renewal notice must—

(a)be given at least 14 days before the period of registration in the local government’s area for the dog expires; and

(b)state—

(i)the information, for the owner and the dog, stated in the general register for the dog; and

(ii)the period of renewal of registration; and

(iii)that the owner must, within 7 days, give the chief executive officer notice of any change to the information; and

(c)include any other information prescribed under a regulation.

s 56 amd 2009 No. 17 s 299; 2013 No. 41 s 48 (1) sch 1 pt 1

57What owner must do

(1)This section applies to the owner of a dog whether or not the owner has been given a renewal notice.

(2)The owner of the dog must, before the period of registration for the dog expires—

(a)if any information on the renewal notice has changed—give the local government notice of the change (the changed information); and

(b)pay the registration fee for the dog; and

(c)if it is desexed—ensure the fee is accompanied by a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed.

Maximum penalty—20 penalty units.

(3)However, if a registration form for a dog in the relevant local government’s area has already been accompanied by the certificate or evidence mentioned in subsection (2) for the dog, the certificate or evidence need not accompany the fee.

s 57 amd 2009 No. 17 s 300; 2013 No. 41 s 48 (1) sch 1 pt 1

58Relevant local government’s obligations if owner complies

(1)This section applies if the owner of a dog given a renewal notice under section 56 complies with section 57 for the dog.

(2)The chief executive officer of the local government may ask the owner for other information or documents in the way mentioned in section 48.

(3)The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48(2).

Maximum penalty—5 penalty units.

(4)If the owner complies with subsection (3), the chief executive officer must—

(a)within 7 days after receiving the notice mentioned in section 57(2), ensure the information is updated in the appropriate register in a way that reflects the change; and

(b)within 14 days after receiving the fee, any information or documents mentioned in section 57(2) or other information or documents given under section 48, give the owner any registration device for the dog.

s 58 amd 2009 No. 17 s 301; 2013 No. 41 s 48 (1) sch 1 pt 1

59Purpose of ch 4 and its achievement

(1)The purposes of this chapter are to—

(a)protect the community from damage or injury, or risk of damage or injury, from particular types of dogs called ‘regulated dogs’; and

(b)ensure the dogs are—

(i)not a risk to community health or safety; and

(ii)controlled and kept in a way consistent with community expectations and the rights of individuals.

(2)The purposes are to be achieved primarily by the following—

(a)providing for local governments to declare dogs to be dangerous dogs, menacing dogs or restricted dogs;

(b)providing for the compulsory desexing of declared dangerous dogs and restricted dogs;

(c)providing for identification of dogs as regulated dogs;

(d)providing for permits for restricted dogs;

(e)imposing conditions on keeping, and requirements for the control of, regulated dogs;

(f)allowing authorised persons to seize or destroy dogs in particular circumstances;

(g)providing for local governments to administer, and be responsible for, the matters mentioned in paragraphs (a) to (f).

60What is a regulated dog

A regulated dog is—

(a)a declared dangerous dog; or

(b)a declared menacing dog; or

(c)a restricted dog.

61What is a declared dangerous dog

A declared dangerous dog is—

(a)a dangerous dog declared under section 94 to be a dangerous dog; or

(b)a dog that is the subject of a declaration, however called, if the declaration—

(i)was made under a corresponding law; and

(ii)is the same as or similar to a dangerous dog declaration.

s 61 amd 2009 No. 17 s 302

62What is a declared menacing dog

A declared menacing dog is—

(a)a menacing dog declared under section 94 to be a menacing dog; or

(b)a dog that is the subject of a declaration, however called, if the declaration—

(i)was made under a corresponding law; and

(ii)is the same as or similar to a menacing dog declaration.

s 62 amd 2009 No. 17 s 303

63What is a restricted dog

(1)A restricted dog is a dog of a breed prohibited from importation into Australia under the Customs Act 1901 (Cwlth).

Note—

See the Customs (Prohibited Imports) Regulations 1956 (Cwlth), section 3 and schedule 1 for the breeds of dogs that are prohibited from being imported.

(2)Also, a dog is a restricted dog if it is the subject of a restricted dog declaration.

(3)In this section—

breed, of a dog, does not include a crossbreed of a breed.

s 63 amd 2010 No. 35 s 6; 2016 No. 28 s 71 sch 1

63AProvisions for deciding what is a breed of dog

(1)Each of the following certificates, for a dog, is evidence the dog is of the breed stated in the certificate—

(a)a pedigree certificate from the Australian National Kennel Council;

(b)a pedigree certificate from a member body of the Australian National Kennel Council;

(c)a pedigree certificate from a national breed council registered with the Australian National Kennel Council;

(d)a certificate signed by a veterinary surgeon stating, or to the effect, that the dog is of a particular breed.

(2)However, if a dog is of the breed American Staffordshire terrier it is not of the breed American pit bull terrier.

(3)Also, the breed American pit bull terrier does not include a dog of the breed American Staffordshire terrier.

s 63A ins 2010 No. 35 s 7

64When a regulated dog is under effective control

(1)A regulated dog is under the effective control of someone only if—

(a)an adult who is physically able to control the dog—

(i)is holding it by an appropriate leash; or

(ii)has appropriately tethered it to an object fixed to a place from which the object can not be moved by the dog and is continuously supervising the dog; or

(b)the dog is participating in, or being exhibited or trained at, an exhibition or an obedience trial supervised by a body recognised for this section by the relevant local government.

(2)For subsection (1), a dog is held by an appropriate leash or appropriately tethered only if the leash or tether is of the dimensions, quality and type that are appropriate to restrain the dog and ensure it is not a risk to community health or safety.

65Application of pt 2

(1)This part does not apply to a local government in relation to a regulated dog if the dog has been surrendered to it.

(2)Section 66 does not apply to another person for an act if the act is the surrender of the dog to the relevant local government.

Note—

See section 100 in relation to the surrender of regulated dogs.

s 65 amd 2016 No. 28 s 71 sch 1

66Prohibition on supply of restricted dog

(1)A person must not supply a restricted dog or proposed restricted dog to someone else unless—

(a)the supply is made under a distribution in the estate of a deceased person; or

(b)the person has a reasonable excuse.

Maximum penalty—150 penalty units.

(2)In this section—

proposed restricted dog means a dog the subject of—

(a)a proposed declaration notice that has not been withdrawn; or

(b)a restricted dog declaration that has been stayed under section 184 or 190.

67Prohibition on supply of declared dangerous dog or menacing dog

(1)A person (the relevant person) must not supply a declared dangerous dog or a declared menacing dog (a designated dog) or a proposed declared dog (also a designated dog) to someone else unless—

(a)the relevant person gives the other person a notice stating that the dog is a designated dog; or

(b)the relevant person has a reasonable excuse.

Maximum penalty—150 penalty units.

(2)In this section—

proposed declared dog means a dog the subject of—

(a)a proposed declaration notice that has not been withdrawn; or

(b)a dangerous dog declaration or menacing dog declaration that has been stayed under section 184 or 190.

68Abandonment prohibited

(1)The owner of, or a responsible person for, a regulated dog must not abandon it unless the owner or responsible person has a reasonable excuse.

Maximum penalty—300 penalty units.

(2)In this section—

abandon includes leave for an unreasonable period, having regard to community health and safety.

69Prohibition on breeding

(1)A person must not give, or take, possession of a declared dangerous dog or restricted dog for the purpose of allowing it to breed with another dog.

Maximum penalty—150 penalty units.

(2)The owner of, or a responsible person for, a declared dangerous dog or restricted dog must not allow or encourage the dog to breed with another dog.

Maximum penalty—150 penalty units.

70Compulsory desexing of declared dangerous dog or restricted dog

(1)The owner of a declared dangerous dog or a restricted dog must ensure it is desexed—

(a)if the dog is a declared dangerous dog—within 3 months after the dog is declared as a dangerous dog unless desexing is likely to be a serious risk to the dog’s health; or

(b)if the dog is a restricted dog—within 3 months after the later of the following to happen unless desexing is likely to be a serious risk to the dog’s health—

(i)any person is issued a restricted dog permit to keep the dog;

(ii)the dog turns 6 months.

Maximum penalty—150 penalty units.

(2)If the owner does not desex the dog because desexing is likely to temporarily be a serious risk to the dog’s health (the temporary condition)—

(a)the obligation under subsection (1) continues despite the matters mentioned in subsection (1)(a) or (b) having happened; and

(b)the owner must ensure the dog is desexed within 3 months after the temporary condition ceases.

Maximum penalty—150 penalty units.

71Permit required for restricted dog

A person must not, unless the person has a reasonable excuse, own, or be a responsible person for, a restricted dog unless the relevant local government has issued a restricted dog permit to someone to keep the dog.

Maximum penalty—75 penalty units.

72Who may apply for permit

(1)An adult may apply to the relevant local government for a permit to keep a restricted dog at a stated place in its area (a permit application).

(2)However, a permit application may be made for a place only if—

(a)there is a detached house on the place; and

(b)someone usually lives in the house.

(3)A permit application may be made for more than 1 restricted dog for the same place only if the keeping of more than 1 restricted dog and more than 1 dog of any breed is permitted under a local law.

73Requirements for application

A permit application must—

(a)be in the approved form; and

(b)state the following—

(i)the applicant’s name and residential address;

(ii)the following details for each restricted dog the subject of the application—

•age

•breed

•colour

•sex

•any other noticeable distinguishing features or marks;

(iii)the address of the place for which the application is made;

(iv)the type of each structure at the place; and

(c)if the dog is 9 months or older—be accompanied by a signed veterinary surgeon’s certificate stating, or other evidence of, either of the following—

(i)that the dog has been desexed;

(ii)that desexing is likely to be a serious risk to the dog’s health; and

(d)be supported by enough other information to enable the local government to decide the application; and

(e)be accompanied by—

(i)a recent colour photo of the dog; and

(ii)the fee fixed by resolution of a local government.

74Inquiries into application for permit

(1)The relevant local government may, after a permit application has been made, by notice, require the applicant to give it a stated document or information that is relevant to the application.

(2)The notice may require the applicant to verify the correctness of the document or information by statutory declaration.

Note—

See also section 111(1)(e) and (2).

75Deciding application

(1)The relevant local government must either grant or refuse a permit application within 21 days after the later of the following to happen—

(a)the making of the application;

(b)it receives all necessary information to decide the application.

(2)The local government must refuse the application if—

(a)the applicant—

(i)is a child; or

(ii)has been convicted of an offence against this chapter and the conviction is not a spent conviction; or

(b)it is not satisfied the place for which the application is made has a detached house on it in which someone usually lives; or

(c)it is satisfied the restricted dog the subject of the application is 9 months or older and has not been desexed.

(3)However, subsection (2)(c) does not apply if the local government is satisfied desexing is likely to be a serious risk to the health of the dog.

(4)A regulation may provide that the application must be refused in another stated circumstance.

(5)If the local government decides to grant the application, it may impose a condition provided for under a regulation made under section 80(2).

s 75 amd 2016 No. 28 s 71 sch 1

76Criteria for decision

In deciding a permit application, the matters the relevant local government must consider include—

(a)whether the place for which the application is made is suitable, having regard to community health and safety; and

(b)whether, if the application were to be granted, the permit conditions would be complied with for each restricted dog the subject of the application; and

(c)another matter prescribed under a regulation.

77Grant of application

(1)As soon as practicable after deciding to grant a permit application, the relevant local government must issue the applicant with a restricted dog permit for the restricted dog the subject of the application.

(2)The permit must be in the approved form.

78Duration of permit

A restricted dog permit expires 1 year after the day the permit holder is issued the permit.

79Notice of refusal of permit application

As soon as practicable after deciding to refuse a permit application, the relevant local government must give the applicant an information notice about the decision.

80Operation of div 2

(1)This division imposes conditions on each restricted dog permit.

(2)Also, a regulation may prescribe other conditions for each restricted dog permit the local government issues.

(3)The conditions mentioned in subsections (1) and (2) apply for each restricted dog the subject of the permit.

(4)However, if a restricted dog permit states a condition does not take effect until a stated day, the condition does not apply until that day.

(5)The stated day can not be more than 21 days after the holder is issued the permit.

81Obligation to comply with permit conditions

(1)A permit holder must ensure each permit condition stated in schedule 1, or prescribed by regulation, is complied with for the restricted dog the subject of the holder’s permit.

Maximum penalty—75 penalty units.

(2)Any responsible person for a restricted dog the subject of a restricted dog permit must ensure each permit condition stated in schedule 1, or prescribed by regulation, is complied with for the dog the subject of the permit.

Maximum penalty—75 penalty units.

s 81 amd 2020 No. 3 s 23

82When permit may be renewed

(1)A permit holder may apply to the relevant local government to renew the holder’s permit (a renewal application).

(2)However, a renewal application can not be made—

(a)if the permit has expired; or

(b)within 21 days before the permit’s expiry; or

(c)if the applicant has been convicted of an offence against this chapter and the conviction is not a spent conviction.

83Requirements for renewal application

A renewal application must be—

(a)in the approved form; and

(b)supported by enough other information to enable the local government to decide the application; and

(c)accompanied by the fee fixed by resolution of a local government.

84Deciding renewal application

(1)The relevant local government must either grant or refuse a renewal application within 21 days after the later of the following to happen—

(a)the making of the application;

(b)it receives all necessary information to decide the application.

(2)The local government must refuse the application if the applicant has been convicted of an offence against this chapter and the conviction is not a spent conviction.

(3)A regulation may provide that the application must be refused in another stated circumstance.

(4)The local government—

(a)must, in deciding the application, consider the criteria mentioned in section 76; and

(b)may seek further documents or information in the way mentioned in section 74.

(5)The local government must, as soon as practicable after deciding the application—

(a)if the decision is to grant—issue the applicant with a restricted dog permit that has been renewed (a renewed permit) in the approved form; or

(b)if the decision is to refuse—give the applicant an information notice about the decision.

85Duration of renewed permit

A renewed permit expires 1 year after the day the permit holder is issued the renewed permit.

86Application for change of place for permit

(1)A permit holder may apply to the relevant local government to change the place for which the permit has been issued.

(2)However, the place can not be changed to a place outside the local government’s area.

(3)Division 1 applies to the application, with necessary changes, as if it were a permit application.

87Amendment by relevant local government

(1)The relevant local government may amend a restricted dog permit at any time, by giving the permit holder notice of the amendment and recording particulars of the amendment in its restricted dog register, if the amendment—

(a)is to correct a clerical or formal error; or

(b)does not adversely affect the holder’s interests; or

(c)is at the holder’s written request.

(2)However, the amendment can not be inconsistent with a permit condition or impose a condition on the permit other than a permit condition.

88No transfer of restricted dog permit

A restricted dog permit can not be transferred.

89Power to make declaration

(1)Any local government may, by complying with the requirements of this part—

(a)declare a particular dog to be a declared dangerous dog (a dangerous dog declaration); or

(b)declare a particular dog to be a declared menacing dog (a menacing dog declaration); or

(c)declare a particular dog to be a restricted dog (a restricted dog declaration).

(2)A dangerous dog declaration may be made for a dog only if the dog—

(a)has seriously attacked, 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, seriously attack, or act in a way that causes fear to, the person or animal.

(3)A menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious.

(4)A restricted dog declaration may be made for a dog only if the local government is satisfied the dog is of a breed mentioned in section 63(1).

(5)The declaration may be made even if the dog is not in the local government’s area.

(6)A declaration under this section is a regulated dog declaration.

(7)In this section—

seriously attack means to attack in a way causing bodily harm, grievous bodily harm or death.

s 89 amd 2016 No. 28 s 71 sch 1

90Notice of proposed declaration

(1)If a local government proposes to make a regulated dog declaration it must give any owner of the dog a notice (a proposed declaration notice) stating—

(a)the following details for the dog—

(i)breed;

(ii)colour;

(iii)sex;

(iv)any other noticeable distinguishing features or marks; and

(b)the local government proposes to declare the dog to be a regulated dog; and

(c)the type of regulated dog declaration proposed to be made, other than for a restricted dog; and

(d)if the proposed declaration is for a dangerous dog declaration or menacing dog declaration—reasons for the proposed declaration; and

(e)an owner of the dog may make, within a stated period, written representations to show why the proposed declaration should not be made; and

(f)if the dog is a restricted dog, that—

(i)the representations may include a written opinion from a veterinary surgeon or other evidence about the dog’s breed; and

(ii)under section 71, a person must not, unless the person has a reasonable excuse, own, or be a responsible person for, a restricted dog unless the relevant local government has issued a restricted dog permit for the dog.

(2)The stated period must end at least 14 days after the proposed declaration notice is given.

(3)The proposed declaration notice may be accompanied by a written opinion from a veterinary surgeon or other evidence about the dog’s breed.

s 90 amd 2009 No. 51 s 42

91Proposed declaration notice does not limit other powers

The giving of a proposed declaration notice does not limit an authorised person’s powers under—

(a)chapter 5; or

(b)a regulation.

92Withdrawing proposed declaration notice

The local government may withdraw the proposed declaration notice by giving notice of the withdrawal to any owner of the dog the subject of the notice.

93Owner’s obligation if proposed declaration notice in force

(1)Each owner of, and responsible person for, the dog the subject of the proposed declaration notice must ensure the permit condition imposed under schedule 1, section 3, is complied with for the dog.

Maximum penalty—75 penalty units.

Note—

See also sections 66 and 67 for the prohibition on supplying a restricted dog, declared dangerous dog or declared menacing dog.

(2)Subsection (1) ceases to apply if the notice is withdrawn.

s 93 amd 2009 No. 17 s 304; 2016 No. 28 s 71 sch 1

94Making declaration

(1)The local government must consider any written representations and evidence accompanying them within the period stated in the proposed declaration notice.

(2)If, after complying with subsection (1), the local government is satisfied that the relevant ground under section 89 still exists, it must make the regulated dog declaration for the dog.

95Notice and taking effect of declaration

(1)As soon as practicable after deciding to make a regulated dog declaration, the local government must give any owner of the dog the subject of the declaration a notice under subsection (3) or (4).

(2)However, a local government must not give the notice under subsection (3) or (4) if an authorised person makes a destruction order under section 127A.

Note—

A combined decision and information notice may be given to an owner of a dog under section 127A.

(3)If the proposed declaration notice was for a restricted dog and accompanied by a written opinion from a veterinary surgeon stating, or to the effect, that the dog is of a breed mentioned in section 63(1), the notice must state the decision and reasons for it.

(4)If subsection (3) does not apply, the notice must be an information notice about the decision.

(5)The decision takes effect on the later of the following days—

(a)the day any owner of the dog is given the notice;

(b)a later day of effect stated in the notice.

(6)If the information notice is about a declared dangerous dog or declared menacing dog, the information notice must include—

(a)that the dog is the subject of—

(i)if the dog is a dangerous dog—a dangerous dog declaration; or

(ii)if the dog is a menacing dog—a menacing dog declaration; and

(b)the reasons for the declaration; and

(c)the local government that made the declaration; and

(d)the day the decision takes effect; and

(e)that the dog must not be kept at a place other than—

(i)if the dog is declared dangerous dog or declared menacing dog—the place stated in the registration notice as the address for it; or

(ii)if the dog is a restricted dog—the place for which a restricted dog permit has been issued; and

(f)if the dog is impounded—a unique number given to the dog by the local government for the purposes of impounding; and

(g)any other information prescribed under a regulation.

s 95 amd 2009 No. 17 s 305; 2013 No. 41 s 49

96Operation of pt 5

(1)This part imposes conditions on the owner of, or responsible person for, a declared dangerous dog or declared menacing dog.

(2)Also, a regulation may prescribe other conditions for a declared dangerous dog or declared menacing dog.

(3)The conditions mentioned in subsections (1) and (2) apply for a declared dangerous dog or declared menacing dog.

(4)However, if the information notice mentioned in section 95(6) about the dog states a condition does not take effect until a stated day, the condition does not apply until that day.

(5)The stated day can not be more than 21 days after the owner is issued the information notice.

s 96 amd 2013 No. 41 s 50

97Declared dangerous dogs

(1)A relevant person for a declared dangerous dog must ensure each permit condition imposed under schedule 1, sections 2 to 6 and 8, or prescribed by regulation, in relation to the dog is complied with for the dog.

Maximum penalty—75 penalty units.

(2)In this section—

relevant person, for a declared dangerous dog, means the owner of, or any responsible person for, a declared dangerous dog.

s 97 amd 2009 No. 51 s 43; 2020 No. 3 s 24

98Declared menacing dogs

(1)A relevant person for a declared menacing dog must ensure each permit condition imposed under schedule 1, sections 2, 2A, 3(1)(b) and (2), 4 to 6 and 8, or prescribed by regulation, in relation to the dog is complied with for the dog.

Maximum penalty—75 penalty units.

(2)In this section—

relevant person, for a declared menacing dog, means the owner of, or any responsible person for, a declared menacing dog.

s 98 amd 2009 No. 17 s 306; 2009 No. 51 s 44; 2020 No. 3 s 25

99Failure to decide application taken to be refusal

If a local government does not decide a permit application or renewal application within the period required under part 3 for deciding the application, it is taken to have been refused at the end of the period.

100Surrender of regulated dog

(1)An owner of a regulated dog may surrender it to the relevant local government.

(2)On the surrender, the dog becomes the local government’s property.

(3)The local government must destroy the dog as soon as practicable after the surrender.

101Defence for regulated dog owner

It is a defence in a proceeding for an offence against this chapter relating to a regulated dog against an owner of the dog for the owner to prove—

(a)another person also owns the dog or owned it when the act or omission the subject of the proceeding happened; and

(b)the other owner has—

(i)been convicted of the same offence or another offence constituted by the act or omission; and

(ii)met or paid any penalty imposed for the conviction.

102Recovery of seizure or destruction costs

(1)This section applies if a local government has incurred a cost for an authorised person appointed by it to—

(a)take possession of, or move, a regulated dog that, under chapter 5, part 4, has been seized (a seized dog); or

(b)take action to restrict access to a seized dog; or

(c)provide a seized dog with accommodation, food, rest, water or other living conditions; or

(d)arrange veterinary or other treatment for a seized dog; or

(e)destroy a seized dog under section 127.

(2)The local government may recover the cost from the dog’s owner or former owner if the incurring of the cost was necessary and reasonable.

(3)In considering whether the cost was necessary and reasonable, regard must be had to any surrender of the dog to the local government.

(4)The cost may be claimed and ordered in a proceeding—

(a)to recover a debt of the amount; or

(b)for an offence against this chapter to which the claim relates.

(5)This section does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.

103Cost of regulated dog enclosure—dividing fence

(1)This section applies if an enclosure, or proposed enclosure, for a regulated dog is, or when built will be, a dividing fence under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, in whole or part.

(2)The liabilities and rights under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, or a proposed order under that Act, of adjoining owners in relation to the fence for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out as if—

(a)there is not, and will not be, a regulated dog in the enclosure; and

(b)the requirements of this chapter relating to the enclosure do not apply.

(3)However, if part of the fence forms part of a pool barrier, the liabilities and rights of adjoining owners relating to that part of the fence forming part of a pool barrier for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out under the Building Act 1975, chapter 8, part 2A.

(4)If the fence is, or is proposed to be, built by a person who leases the place that is, or is to be, the relevant place for a regulated dog—

(a)the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, section 24 does not apply; and

(b)the Residential Tenancies and Rooming Accommodation Act 2008, chapter 3, part 5, division 1 applies.

(5)In this section—

pool barrier means a pool barrier under the Building Act 1975, section 245XA.

relevant place, for a regulated dog, means—

(a)if the regulated dog is a declared dangerous dog or a declared menacing dog—the place stated in the registration notice as the address for it; or

(b)if the regulated dog is a restricted dog—the place for which a restricted dog permit has been issued.

s 103 amd 2011 No. 25 s 105 sch 1 pt 2; 2011 No. 27 s 213; 2013 No. 3 s 60 sch 1; 2015 No. 15 s 35

104Appointment and qualifications

(1)The chief executive may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act—

(a)a public service employee;

(b)a person prescribed under a regulation.

(2)The chief executive officer of a local government may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act—

(a)an employee of the local government;

(b)a person prescribed under a regulation.

(3)However, the chief executive or chief executive officer (each the designated officer) may appoint a person as an authorised person only if the designated officer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

s 104 amd 2009 No. 17 s 307

105Appointment conditions and limit on powers

(1)An authorised person holds office on any conditions stated in—

(a)the authorised person’s instrument of appointment; or

(b)a signed notice given to the authorised person; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the chief executive officer.

106Issue of identity card

(1)The chief executive officer of a local government must issue an identity card to each authorised person.

(2)The identity card must—

(a)contain a recent photo of the authorised person; and

(b)contain a copy of the authorised person’s signature; and

(c)identify the person as an authorised person under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

107Production or display of identity card

(1)In exercising a power under this Act in relation to another person, an authorised person must—

(a)produce the authorised person’s identity card for the other person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the other person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 111(1)(b) or (4).

108When authorised person ceases to hold office

(1)An authorised person ceases to hold office if any of the following happens—

(a)the term of office stated in a condition of office ends;

(b)under another condition of office, the authorised person ceases to hold office;

(c)the authorised person’s resignation under section 109 takes effect.

(2)Subsection (1) does not limit the ways an authorised person may cease to hold office.

(3)In this section—

condition of office means a condition on which the authorised person holds office.

109Resignation

An authorised person may resign by signed notice given to the chief executive officer of the local government that appointed the person.

110Return of identity card

A person who ceases to be an authorised person must return the person’s identity card to the chief executive officer of the local government that appointed the person within 21 days after ceasing to be an authorised person unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

111General power to enter places

(1)An authorised person may enter a place if—

(a)an occupier of the place consents to the entry; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised by a warrant; or

(d)it is mentioned in a licence as a place of business and is—

(i)open for carrying on the business; or

(ii)otherwise open for entry; or

(iii)required to be open for inspection under the licence; or

(e)the entry is—

(i)to inspect the place to process an application for a restricted dog permit; and

(ii)made other than at night; or

(f)the entry is—

(i)to find out whether the conditions on which a restricted dog permit or notice was issued have been or are being complied with; and

(ii)made other than at night; or

(g)the entry is—

(i)to inspect work carried out under a lawfully imposed condition of a dangerous dog declaration, menacing dog declaration, restricted dog permit or compliance notice; and

(ii)made other than at night; or

(h)the entry is—

(i)under an approved inspection program; and

(ii)made at any reasonable time of the day or night.

(2)However, an authorised person may enter a place at night for a purpose mentioned in subsection (1)(e), (f) or (g) if—

(a)the entry is at a time asked by the occupier; or

(b)the entry is in accordance with the times provided for in a compliance notice under section 132(3)(a).

(3)For subsection (1)(d) to (h), a place does not include a part of the place where a person resides.

(4)For the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

112Additional entry powers for particular dogs

(1)An authorised person may enter at a place if—

(a)the person reasonably suspects a dog is at the place and—

(i)the person reasonably suspects the dog is a restricted dog—no restricted dog permit has been issued for the dog; or

(ii)any delay in entering the place will result in—

(A)a risk to community health or safety; or

(B)the dog being concealed or moved to avoid a requirement under chapter 4; or

(b)its occupier has been given a compliance notice and the entry is made at a time stated in the notice to check compliance with the notice.

(2)A power under subsection (1) can not be exercised using force.

Note—

For power to enter using force, see section 118.

(3)However, for subsection (1)(a)(ii), an authorised person may enter the place, or part of the place, with the help and using the force that is necessary and reasonable in the circumstances if the place is not a place where a person resides.

s 112 amd 2009 No. 17 s 308; 2016 No. 28 s 71 sch 1

113Approval of inspection program authorising entry

(1)A local government (the approving local government) may by resolution approve a program (an approved inspection program) under which an authorised person may enter a place to monitor compliance with this Act or an aspect of this Act.

Examples of approved inspection program—

monitoring compliance with requirements of permit conditions

(2)An approved inspection program must be a selective inspection program or systematic inspection program.

(3)A selective inspection program provides for the selection, in accordance with the resolution, of places in the local government’s area, or a particular part of the area, to be entered and inspected.

(4)A systematic inspection program provides for all places, or all places of a particular type, in the local government’s area, or a particular part of the area, to be entered and inspected.

(5)An approved inspection program must state the following—

(a)the purpose of the program;

(b)when the program starts;

(c)for a selective inspection program—

(i)objective criteria for selecting places to be entered and inspected; and

(ii)if the places are to be selected from a part of the local government’s area—a description of the part;

(d)for a systematic inspection program—

(i)if places in a part of the local government’s area are to be entered and inspected—a description of the part; and

(ii)if a type of place is to be entered and inspected—a description of the type;

(e)the period, of not more than 6 months or another period prescribed under a regulation, over which the program is to be carried out.

114Notice of proposed inspection program

(1)At least 14 days, but not more than 28 days, before an approved inspection program starts, the approving local government must give notice of the program.

(2)The notice must be published—

(a)in a newspaper circulating generally in the local government’s area; and

(b)on the local government’s website.

(3)The notice must state the following—

(a)the name of the local government;

(b)in general terms, the purpose and scope of the program;

(c)when the program starts;

(d)the period over which the program is to be carried out;

(e)that a copy of the program is open to inspection at the public office of the local government until the end of the program;

(f)that a copy of the program may be purchased at the public office of the local government until the end of the program;

(g)the price of a copy of the program.

(4)The price of a copy of the program must be no more than the cost to the local government of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost.

115Access to program

From the publication by an approving local government of a notice about an approved inspection program until the end of the program—

(a)a copy of the program must be open to inspection at the public office of the local government; and

(b)copies of the program must be available for purchase at the public office of the local government at the price stated in the notice.

116Entry with consent

(1)This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 111(1)(a).

(2)Before asking for the consent, the authorised person must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)the occupier gives the authorised person consent to enter the place and exercise powers under this part; and

(d)the time and date the consent was given.

(5)If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.

(6)If—

(a)an issue arises in a proceeding about whether the occupier consented to the entry; and

(b)an acknowledgement complying with subsection (4) for the entry is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

(7)If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.

(8)However, the right to stay on the property—

(a)is subject to any conditions that the occupier imposes including, for example, about the times when the property may be entered; and

(b)may be cancelled by the occupier at any time.

117Application for warrant

(1)An authorised person may apply to a magistrate for a warrant for a place.

(2)The authorised person must prepare a written application that states the grounds on which the warrant is sought.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the written application to be given by statutory declaration.

118Issue of warrant

(1)The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence of an offence against this Act; and

(b)the evidence is at the place or, within the next 7 days, will be at the place.

(2)The warrant must state—

(a)the place to which the warrant applies; and

(b)that a stated authorised person may, with necessary and reasonable help and force—

(i)enter the place and any other place necessary for entry to the place; and

(ii)exercise the authorised person’s powers under this part; and

(c)particulars of the offence that the magistrate considers appropriate in the circumstances; and

(d)the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and

(e)the evidence that may be seized under the warrant; and

(f)the hours of the day or night when the place may be entered; and

(g)the magistrate’s name; and

(h)the date and time of the warrant’s issue; and

(i)the date, within 14 days after the warrant’s issue, the warrant ends.

119Application by electronic communication and duplicate warrant

(1)An application under section 117 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—

(a)urgent circumstances; or

(b)other special circumstances, including, for example, the authorised person’s remote location.

(2)The application—

(a)may not be made before the authorised person prepares the written application under section 117(2); but

(b)may be made before the written application is sworn.

(3)The magistrate may issue the warrant (the original warrant) only if the magistrate is satisfied—

(a)it was necessary to make the application under subsection (1); and

(b)the way the application was made under subsection (1) was appropriate.

(4)After the magistrate issues the original warrant—

(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or

(b)otherwise—

(i)the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and

(ii)the authorised person must complete a form of warrant, including by writing on it—

(A)the magistrate’s name; and

(B)the date and time the magistrate issued the warrant; and

(C)the other terms of the warrant.

(5)The copy of the warrant mentioned in subsection (4)(a), or the form of warrant completed under subsection (4)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

(6)The authorised person must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 117(2) and (3); and

(b)if the authorised person completed a form of warrant under subsection (4)(b)—the completed form of warrant.

(7)The magistrate must keep the original warrant and, on receiving the documents under subsection (6)—

(a)attach the documents to the original warrant; and

(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(8)Despite subsection (5), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(9)This section does not limit section 117.

(10)In this section—

relevant magistrates court, in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991.

120Defect in relation to a warrant

A warrant is not invalidated by a defect in the warrant, or in compliance with section 117, 118 or 119, unless the defect affects the substance of the warrant in a material particular.

121Warrants—procedure before entry

(1)This section applies if an authorised person named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.

(2)Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment;

(b)give the person a copy of the warrant;

(c)tell the person the authorised person is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the authorised person immediate entry to the place without using force.

(3)However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that entry to the place is required to ensure the execution of the warrant is not frustrated.

122Procedure for other entries

(1)This section applies if—

(a)an authorised person is intending to enter a place under section 111(1), other than paragraph (a) or (c), or 112; and

(b)the occupier of the place is present at the place.

(2)Before entering the place, the authorised person must do or make a reasonable attempt to do the following things—

(a)comply with section 107 for the occupier;

(b)tell the occupier the purpose of the entry;

(c)tell the occupier the authorised person is permitted under this Act to enter the place without the occupier’s consent.

123General powers after entering places

(1)An authorised person who has, under part 2, entered a place may—

(a)search any part of the place the authorised person is authorised, under section 111(1)(a) or (c), to search; or

(b)inspect, test, photograph or film anything in or on the place; or

(c)copy a document in or on the place; or

(d)take samples of or from anything in or on the place; or

(e)take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or

(f)require the occupier of the place, or a person in or on the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e).

(2)This section does not apply to an authorised person who enters a place under section 111(4) to get the occupier’s agreement unless the agreement is given or the entry is otherwise authorised.

124Power to require reasonable help

(1)A person required to give reasonable help under section 123(1)(f) must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—8 penalty units.

(2)It is a reasonable excuse for a person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(3)However, subsection (2) does not apply if the requirement is to produce a document required to be kept by the person under this Act.

125Seizure powers for dogs

(1)If an authorised person has, under part 2, entered a place and the person reasonably suspects a dog mentioned in the part is at the place, the person may seize the dog if—

(a)the person reasonably believes the dog—

(i)has attacked, threatened to attack or acted in a way that causes fear to, a person or another animal; or

(ii)is, or may be, a risk to community health or safety; or

(b)the dog is a restricted dog and—

(i)a permit application to keep the dog at the place has been refused; or

(ii)no restricted dog permit has been issued for the dog and the person reasonably believes there is a risk the dog may be concealed or moved to avoid a requirement under chapter 4; or

(c)if the dog is a regulated dog—a compliance notice has been given in relation to the dog and the person reasonably believes the notice has not been complied with.

(2)Also, if the place is a public place, the person may seize the dog if it is not under anyone’s effective control.

126Application of pt 4

This part applies if an authorised person has, under section 125 or a warrant, seized a dog.

127Power to destroy seized regulated dog

(1)This section applies if the dog is a regulated dog.

(2)The authorised person may, without notice, immediately destroy the dog if—

(a)the person reasonably believes the dog is dangerous and the person can not control it; or

(b)an owner of the dog has asked the person to destroy it.

(3)The person may destroy the dog 3 days after the seizure if—

(a)the dog—

(i)was not seized under section 125(1)(b)(i); and

(ii)has no registered owner, or apparently has no registered owner; and

(iii)is not the subject of a regulated dog declaration by the relevant local government; and

(b)the person or the relevant local government does not know of anyone who owns, or is a responsible person for, the dog.

(4)If subsection (3) does not apply, the person may make an order (a destruction order) stating the person proposes to destroy the dog 14 days after the order is served.

(5)The destruction order must—

(a)be served on—

(i)the registered owner of the dog; or

(ii)if the dog has no registered owner—any person who owns, or is a responsible person for, the dog; and

(b)include or be accompanied by an information notice about the decision to give the destruction order.

(6)If a destruction order is made for the dog, the person may destroy the dog 14 days after the order is served if no application for internal review has been made relating to the order.

(7)If an application for internal review has been made against the order, the person may destroy the dog if—

(a)the internal review is finally decided or is otherwise ended; and

(b)no application for external review of the order has been made; and

(c)the order is still in force.

(8)If an application for external review of the order is made, the person may destroy the dog if—

(a)the external review is finally decided or is otherwise ended; and

(b)the order is still in force.

s 127 amd 2009 No. 24 s 1258

127AConcurrent regulated dog declaration and destruction order

(1)This section applies if a local government—

(a)makes a regulated dog declaration under section 94 for a seized dog; but

(b)does not give any owner of the dog notice of its decision under section 95.

(2)Despite the dog not being a regulated dog, an authorised person may make a destruction order for the dog if it is appropriate to do so.

(3)As soon as practicable after deciding to make the destruction order, the authorised person must serve the destruction order on the relevant owner of the dog.

(4)The destruction order must include or be accompanied by—

(a)if a notice is required under section 95(3)—a combined notice under section 95(3) about the decision to make a regulated dog declaration and an information notice about the decision to give the destruction order; or

(b)if an information notice is required under section 95(4)—a combined information notice about the decisions to make a regulated dog declaration under section 95(4) and to give the destruction order.

(5)Section 127(6) to (8) applies to the destruction order.

(6)In this section—

relevant owner, of a dog, means—

(a)the registered owner of the dog; or

(b)if the dog has no registered owner—any person who owns, or is a responsible person for, the dog.

s 127A ins 2013 No. 41 s 51

128Receipt for dog in particular circumstances

(1)This section applies if the dog—

(a)has, or appears to have, a registered owner; or

(b)was seized from a person who had immediate control or custody of it.

(2)The authorised person must, as soon as practicable after the seizure, give the registered owner or person a written receipt for the dog—

(a)generally describing the dog and its condition; and

(b)stating the dog has been seized.

(3)If the registered owner is not present at the place at which the dog was seized and—

(a)the place is not a public place—the receipt may be given by leaving it at the place in a conspicuous position and in a reasonably secure way; or

(b)the place is a public place—the receipt may be given by leaving it at the address stated on the registration notice for the dog.

129Access to seized dog

(1)This section applies until the dog is returned under section 130 or 131.

(2)The authorised person must allow the owner of the dog to inspect it any reasonable time, from time to time.

(3)Subsection (2) does not apply if it is impracticable or would be unreasonable to allow the inspection.

(4)The inspection must be provided free of charge.

130Return of particular dog

(1)This section applies if—

(a)when the dog was seized the authorised person—

(i)reasonably suspected it was a regulated dog; or

(ii)considers a proposed declaration notice should be given for the dog; and

(b)the person becomes satisfied the dog is not a dog mentioned in paragraph (a).

(2)As soon as practicable after becoming so satisfied, the person must return the dog to any owner or other person entitled to possession of it.

s 130 amd 2009 No. 17 s 309

131Return of particular dog to registered owner

(1)This section applies if the dog is a regulated dog, or a dog for which a proposed declaration notice is being made, and it has, or appears to have, a registered owner.

(2)The authorised person must, within 14 days after the seizure, return the dog to the owner unless—

(a)the owner has surrendered the dog to the relevant local government; or

(b)a destruction order has been made for the dog; or

(c)continued retention of the dog is needed as evidence for a proceeding or proposed proceeding for an offence involving the dog; or

(d)if the dog is a regulated dog—the authorised person is reasonably satisfied the owner of or a responsible person for the dog has not complied with a permit condition for the dog; or

Note—

See chapter 4, part 5 for the application of particular permit conditions for declared dangerous dogs and declared menacing dogs.

(e)if the dog is a dog for which a proposed declaration notice is being made—a regulated dog declaration for the dog has not yet been made.

(3)The authorised person must return the dog to the owner as soon as practicable if an event as follows happens—

(a)if a destruction order has been made for the dog—an application for internal review or external review of the order is made and, as a result of the review, the order is no longer in force;

(b)if subsection (2)(c) applies—the dog’s continued retention as evidence is no longer required;

(c)if subsection (2)(d) applies—all of the permit conditions are complied with for the dog;

(d)if subsection (2)(e) applies—the regulated dog declaration for the dog has been made.

s 131 amd 2009 No. 17 s 310; 2009 No. 24 s 1259; 2016 No. 28 s 71 sch 1

132Power to give compliance notice

(1)This section applies if an authorised person reasonably believes an owner of, or a responsible person for, a regulated dog has committed, is committing or is about to commit, an offence against chapter 4.

(2)The authorised person may give the owner or responsible person notice (a compliance notice) requiring the owner or responsible person to—

(a)stop committing or not commit the offence; or

(b)take stated action to remedy the matter.

(3)A compliance notice may also state—

(a)that an authorised person proposes, at a stated time or at stated intervals, to enter premises of which the owner or responsible person is the occupier to check compliance with the notice; or

(b)how the owner or responsible person may show the action has been taken.

133Requirements for giving notice

(1)A compliance notice must be written and state the following—

(a)the name of the authorised person giving it;

(b)the local government that appointed the person;

(c)that the authorised person believes the owner or responsible person given the notice has committed, is committing or is about to commit, an offence against chapter 4;

(d)the nature of the offence;

(e)that the owner or responsible person must—

(i)stop committing or not commit the offence; or

(ii)take stated required action;

(f)a reasonable period within which any required action must be taken.

(2)Despite subsection (1), a compliance notice may be given orally if—

(a)either—

(i)the authorised person giving the notice reasonably believes continued commission of the offence needs to be stopped, or the required action needs to be taken, urgently; or

(ii)for any reason it is not practicable to immediately give the notice in writing; and

(b)the authorised person gives the owner or responsible person an offence warning.

(3)If a compliance notice is given orally, the authorised person giving the notice must confirm the notice by also giving it in writing as soon as practicable after giving it orally.

(4)In this section—

offence warning, for a notice under subsection (2), means a warning that, without a reasonable excuse, it is an offence for the person to whom the notice is given not to comply with it.

134Failure to comply with notice

(1)A person to whom a compliance notice has been given must comply with the notice unless the person has a reasonable excuse.

Maximum penalty—75 penalty units.

Note—

See, however, the Acts Interpretation Act 1954, section 45.

(2)It is a reasonable excuse if, when the notice was given, the person had not committed, was not committing or was not about to commit, the offence stated in the notice.

s 134 amd 2016 No. 28 s 71 sch 1

135References in ch 5 to local government and authorised person

(1)In a provision of this chapter about a local government, a reference to an authorised person is a reference to an authorised person appointed by the local government.

(2)In a provision of this chapter about an authorised person, a reference to a local government is a reference to the local government that appointed the authorised person.

136Impersonating authorised person

A person must not pretend to be an authorised person.

Maximum penalty—50 penalty units.

137Obstruction of authorised person

(1)A person must not obstruct an authorised person in the exercise of a power unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—

(a)it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and

(b)the authorised person considers the person’s conduct an obstruction.

(3)In this section—

obstruct includes assault, hinder, resist and attempt or threaten to obstruct.

138Authorised person may ask police officer for help in exercising particular powers

(1)For exercising a power under section 111(1)(h), 112, 123 or 125 (each the relevant provision), an authorised person is declared to be a public official for the Police Powers and Responsibilities Act 2000.

Note—

For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000, section 16.

(2)If asked by an authorised person, a police officer may exercise the power under the relevant provision—

(a)with the help that is reasonable in the circumstances; and

(b)using the force that is reasonable in the circumstances; and

(c)as soon as reasonably practicable ensure reasonable help is given.

(3)For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000, section 16(3).

(4)In exercising a power under the relevant provision, the authorised person must, to the extent that it is reasonable and practicable in the circumstances, explain to the police officer—

(a)the powers the authorised person has under the relevant provision; and

(b)the reasons for exercising the powers.

(5)Failure to comply with subsection (4) does not affect the validity of the exercise of the power.

139Power to require name and address

(1)An authorised person may require a person to state the person’s name and residential or business address if the authorised person—

(a)finds a person committing an offence against this Act; or

(b)finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or

(c)has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.

(2)When making the requirement, the authorised person must give the person an offence warning.

(3)The authorised person may also require the person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

(4)A requirement under this section is called a personal details requirement.

(5)In this section—

offence warning, for a requirement under subsection (2), means a warning that, without a reasonable excuse, it is an offence for the person to whom the requirement is made not to comply with it.

140Failure to comply with personal details requirement

(1)A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is a reasonable excuse if—

(a)the requirement was given because the authorised person giving it suspected the person has committed an offence against this Act; and

(b)the person is not proved to have committed the offence.

140APower to require information

(1)This section applies if an authorised person reasonably believes—

(a)an offence against this Act has been committed; and

(b)a person may be able to give information about the offence.

(2)The authorised person may, by notice given to the person, require the person to give the authorised person information related to the offence by a stated reasonable time.

(3)For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.

(4)In this section—

information includes a document.

s 140A ins 2016 No. 28 s 13

140BOffence to contravene information requirement

(1)A person of whom a requirement is made under section 140A must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.

s 140B ins 2016 No. 28 s 13

141Authorised person to give notice of damage

(1)This section applies if—

(a)an authorised person damages anything in the exercise of a power under chapter 4 or this chapter; or

(b)a person who is authorised by an authorised person to take action under chapter 4 or this chapter damages anything in taking the action.

(2)The authorised person must, as soon as practicable, give notice of the particulars of the damage to the person who appears to be the thing’s owner.

(3)However, if for any reason it is not practicable to comply with subsection (2), the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.

(4)If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the authorised person’s control, the authorised person may state this in the notice.

(5)This section does not apply to damage the authorised person believes, on reasonable grounds, is trivial.

(6)In this section—

owner of a thing includes the person in possession or control of the thing.

142Compensation

(1)A person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this chapter other than because of the seizure or destruction, under this chapter, of a regulated dog.

(2)Compensation may be claimed and ordered in a proceeding for—

(a)compensation brought in a court of competent jurisdiction; or

(b)an offence against this Act brought against the person making the claim for compensation.

(3)A court may order compensation in a proceeding to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.

(4)A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order mentioned subsection (3).

ch 6 hdg sub 2015 No. 15 s 36

143Application for licence

(1)A person may apply to the chief executive for a licence.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

144What application must state

The application must state the following—

(a)the name and address of the applicant;

(b)an address in the State for service of documents;

(c)the address of the applicant’s principal place of business;

(d)the names of the individuals to be involved in the day to day running of the applicant’s business as a licence holder;

(e)the qualifications and experience of the applicant and the individuals relevant to offering or providing a PPID registry service.

s 144 amd 2015 No. 15 s 99 sch 1

145Consideration of application

The chief executive must consider the application and either grant, or refuse to grant, the application.

146Criteria for granting application

The chief executive may grant the application only if the chief executive is satisfied the applicant is a suitable person to be a licence holder.

147Suitability of person to be licence holder

In deciding whether an applicant is a suitable person to be a licence holder, the chief executive may have regard to—

(a)whether the person, or an individual engaged or employed by the person, has a conviction for a relevant offence, other than a spent conviction; and

(b)whether the person, or an individual engaged or employed by the person—

(i)held a licence under this division, or a licence relating to offering or providing a PPID registry service under a corresponding law, that was suspended or cancelled; or

(ii)has been refused a licence or a licence relating to offering or providing a PPID registry service under a corresponding law; and

(c)the matters required to be stated in the application for a licence under section 144; and

(d)anything else relevant to the person’s ability to conduct business as a licence holder.

s 147 amd 2015 No. 15 s 99 sch 1

148Inquiries into application for licence

(1)Before deciding the application, the chief executive—

(a)may make inquiries to decide the suitability of the applicant to be a licence holder; and

(b)may, by notice, require the applicant to give the chief executive within the reasonable time of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)However, the notice may be given to the applicant only within 28 days after the chief executive receives the application.

(3)The notice may require the information or document to be verified by a statutory declaration.

(4)The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1)(b).

149Decision on application for licence

(1)If the chief executive decides to grant the application, the chief executive must issue a licence to the applicant.

(2)The chief executive may impose conditions on the licence not inconsistent with the mandatory conditions.

(3)If the chief executive decides to refuse to grant the licence, or to impose conditions on the licence, the chief executive must give the applicant an information notice for the decision.

150Failure to decide application for licence

(1)Subject to subsections (2) and (3), if the chief executive does not decide the application within 28 days after its receipt, the chief executive is taken to have decided to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for a licence; and

(b)the chief executive has under section 148(1)(b), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 28 days after the chief executive receives the further information or document.

(4)If the application is refused under this section, the applicant is entitled to be given an information notice for the decision by the chief executive.

151Duration of licence

(1)A licence becomes effective on the day the licence is issued or on the day of the licence’s renewal and ends on the day (the expiry day) either 1, 2 or 3 years after that day.

(2)The chief executive must decide the expiry day.

152Mandatory conditions for licences

A licence is subject to the following conditions (the mandatory conditions)—

(a)the licence holder for the licence must comply with this Act;

(b)the holder must ensure the licence, or a copy of the licence, is displayed at the holder’s principal place of business so that it is easily visible to a person as the person enters the place.

153Licence holder must comply with licence conditions

(1)A licence holder must not contravene a condition of the holder’s licence.

Maximum penalty—100 penalty units.

(2)The penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.

154Form of licence

A licence must state the following particulars—

(a)the licence holder’s name;

(b)the address of the holder’s principal place of business;

(c)the day the licence becomes effective;

(d)the day the licence expires;

(e)the licence number;

(f)its conditions other than the mandatory conditions.

155Application for renewal of licence

(1)A licence holder may apply to the chief executive for the renewal of the holder’s licence.

(2)The application must be—

(a)made at least 28 days before the licence ends; and

(b)in the approved form; and

(c)accompanied by the fee prescribed under a regulation.

(3)The chief executive must consider the application and renew, or refuse to renew, the licence.

(4)In deciding whether to grant the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for the licence is a suitable person to be a licence holder.

(5)The chief executive may impose conditions on the renewed licence not inconsistent with the mandatory conditions.

(6)If the chief executive decides to refuse to renew the licence, or to impose conditions on the licence, the chief executive must give the holder an information notice for the decision.

(7)A licence may be renewed by—

(a)endorsing the existing licence; or

(b)cancelling the existing licence and issuing another licence.

156Inquiries into application for renewal of licence

(1)Before deciding the application, the chief executive may, by notice, require the holder to give the chief executive, within a reasonable period of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The holder is taken to have withdrawn the application if, within the stated period, the holder does not comply with the requirement.

157Licence taken to be in force while renewal application is considered

(1)If an application is made under section 155, the holder’s licence is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 155 or taken to have been withdrawn under section 156(2).

(2)However, if the application is refused, the licence continues in force until the information notice for the decision is given to the holder.

(3)Subsection (1) does not apply if the licence is earlier suspended or cancelled.

158Application for amendment of licence

(1)A licence holder may apply to the chief executive for an amendment of the holder’s licence including any conditions imposed by the chief executive.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The chief executive must consider the application and amend, or refuse to amend, the licence.

(4)If the chief executive decides to make the amendment, the chief executive may impose a condition on the licence not inconsistent with the mandatory conditions.

(5)If the chief executive decides to refuse to amend the licence, or to impose a condition on the licence, the chief executive must give the holder an information notice for the decision.

(6)A licence may be amended by—

(a)endorsing the existing licence with details of the amendment; or

(b)cancelling the existing licence and issuing another licence containing the amendment.

159Inquiries into application for amendment

(1)Before deciding the application, the chief executive may, by notice, require the holder to give the chief executive, within a reasonable period of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The holder is taken to have withdrawn the application if, within the stated period, the holder does not comply with the requirement.

160Chief executive may impose suspension or cancel

If the chief executive reasonably believes a ground under section 161 exists in relation to a licence holder, the chief executive may, by complying with sections 162 to 166, take the following action (the proposed action) against the holder—

(a)suspend the licence for a stated period (suspension);

(b)cancel the licence (prohibition).

161Grounds for suspension or cancellation

(1)Each of the following is a ground for suspending or cancelling a licence—

(a)the licence holder is not, or is no longer, a suitable person to hold the licence;

(b)the holder has contravened a condition of the licence;

(c)the licence was issued because of a materially false or misleading representation or declaration.

(2)For forming a belief that the ground mentioned in subsection (1)(a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether a proposed licence holder is a suitable person to hold the licence.

Note—

See section 147 for the matters to which the chief executive may have regard in deciding whether a proposed licence holder is a suitable person to be a licence holder.

s 161 amd 2016 No. 27 s 71 sch 1

162Show cause notice

(1)The chief executive must give the holder a notice under this section (a show cause notice).

(2)The show cause notice must state—

(a)the proposed action; and

(b)the grounds for the proposed action; and

(c)an outline of the facts and circumstances forming the basis for the grounds; and

(d)if the proposed action is suspension of the licence—the proposed suspension period; and

(e)an invitation to the holder to show within a stated period (the show cause period) why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 21 days after the show cause notice is given to the holder.

163Representations about show cause notices

(1)The holder may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.

(2)The chief executive must consider all representations (the accepted representations) made under subsection (1).

164Ending show cause process without further action

(1)This section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action.

(2)The chief executive must not take any further action about the show cause notice.

(3)The chief executive must give the holder a notice stating that the proposed action will not be taken.

165Suspension or cancellation

(1)This section applies if—

(a)there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or

(b)there are no accepted representations.

(2)If the chief executive believes suspension or cancellation of the licence is warranted, the chief executive may—

(a)if the proposed action was suspension—suspend the licence for no longer than the stated period; or

(b)if the proposed action was cancellation—either cancel the licence or suspend it for a stated period.

(3)The chief executive must give an information notice for the decision to the holder.

(4)The decision takes effect on the later of the following days—

(a)the day the information notice is given to the holder;

(b)the day stated in the information notice for that purpose.

166Immediate suspension

(1)The chief executive may suspend the licence immediately if the chief executive believes—

(a)a ground exists to suspend the licence; and

(b)it is necessary to suspend the licence immediately because there is an immediate and serious risk of harm to the effectiveness of the identification of cats or dogs, and registration of dogs, under this Act.

(2)The suspension—

(a)must be effected by an information notice for the decision given by the chief executive to the holder to suspend the licence together with a show cause notice; and

(b)operates immediately the notices are given; and

(c)continues to operate until the earliest of the following happens—

(i)the chief executive cancels the remaining period of the suspension;

(ii)the show cause notice is finally dealt with;

(iii)28 days have passed since the notices were given to the holder.

(3)Subsection (4) applies if—

(a)a suspension under this section stops because—

(i)the chief executive cancels the remaining period of the suspension; or

(ii)the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or

(iii)28 days have passed since the notices mentioned in subsection (2)(a) were given to the holder; and

(b)the holder has returned the holder’s licence to the chief executive under section 167.

(4)The chief executive must, as soon as practicable, give the licence to the holder.

s 166 amd 2013 No. 41 s 43

167Return of suspended or cancelled licence to chief executive

(1)This section applies if the chief executive has suspended or cancelled a licence and given an information notice for the decision to the holder of the licence.

(2)The holder must return the licence to the chief executive within 7 days after receiving the information notice unless the holder has a reasonable excuse.

Maximum penalty—20 penalty units.

168Effect of suspension or cancellation of licence

(1)This section applies if a licence is suspended, cancelled or otherwise ends (the termination).

(2)The licence holder must, within 5 days after the termination, give to the chief executive all records kept or maintained for the purposes of the PPID registry service offered or provided by the holder.

s 168 amd 2015 No. 15 s 99 sch 1

169Surrender of licence

(1)A licence holder may surrender the holder’s licence by notice given to the chief executive.

(2)The holder’s licence must accompany the notice.

(3)The surrender takes effect on the later of the following—

(a)the day the notice is given;

(b)the day stated in the notice.

170Application for replacement of licence

(1)A licence holder may apply for a replacement of the holder’s licence if the licence has been damaged, destroyed, lost or stolen.

(2)The application must—

(a)be made to the chief executive; and

(b)include information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and

(c)be accompanied by the fee prescribed under a regulation for the application.

171Decision about application for replacement of licence

(1)The chief executive must consider the application and either grant, or refuse to grant, the application.

(2)The chief executive must grant the application if the chief executive is satisfied the licence has been damaged, destroyed, lost or stolen in a way to require its replacement.

(3)If the chief executive decides to grant the application, the chief executive must, as soon as practicable, issue another licence to the applicant to replace the damaged, destroyed, lost or stolen licence.

(4)If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.

ch 7 pt 1 div 1 hdg ins 2016 No. 28 s 14

172Chief executive must keep regulated dog register

(1)The chief executive must keep a register of declared dangerous dogs, declared menacing dogs, and restricted dogs (the regulated dog register).

(2)The regulated dog register must contain the information about a regulated dog given to the chief executive by a chief executive officer of a local government under sections 174 and 175.

s 172 amd 2016 No. 28 s 15

172AChief executive must keep licence holder register

(1)The chief executive must keep a register of licence holders (the licence holder register).

(2)The licence holder register must contain the information about a licence holder required, under section 154, to be stated on the holder’s licence.

s 172A ins 2016 No. 28 s 16

172BChief executive must keep breeder register

(1)The chief executive must keep a register of persons who breed dogs (the breeder register).

(2)The breeder register must contain the following information—

(a)for each person who is registered as a registered breeder—

(i)the designated details of the person; and

(ii)the person’s breeder ID number; and

(iii)the date on which the registration ends;

(b)the information mentioned in section 43W(2)(d)(i) that is given to the chief executive about a person who becomes an accredited breeder of an approved entity;

(c)the information mentioned in section 43W(2)(d)(ii) that is given to the chief executive about a person who ceases to be an accredited breeder of an approved entity;

(d)the information mentioned in section 43W(2)(d)(iii) that is given to the chief executive about a change in the designated details of an accredited breeder of an approved entity;

(e)for each exemption number issued under chapter 2B, part 5 for a dog—

(i)the designated details of the eligible person in relation to the dog; and

(ii)whether the eligible person is an eligible person in relation to the dog under section 43ZG, 43ZH or 43ZI; and

(iii)the exemption number; and

(iv)a description of the dog; and

(v)the date the exemption number was issued.

(3)Information mentioned in subsection (2) must be kept in the breeder register until at least—

(a)if the information is about a person who was a registered breeder—the person has not been a registered breeder for 5 years; or

(b)if the information is about a person who was an accredited breeder of an approved entity—the person has not been an accredited breeder of an approved entity for at least 5 years; or

(c)if the information is about an exemption number issued under chapter 2B, part 5 for a dog—5 years after the exemption number was issued.

s 172B ins 2016 No. 28 s 16

172CChief executive may decide way registers to be kept

The chief executive may keep a register mentioned in section 172, 172A or 172B in the way the chief executive considers appropriate, including, for example, in electronic form.

s 172C ins 2016 No. 28 s 16

ch 7 pt 1 div 2 hdg ins 2016 No. 28 s 16

172DLicence holder register

The chief executive may publish information contained in the publicly available part of the licence holder register at the times and in the way the chief executive decides.

s 172D ins 2016 No. 28 s 16

172EBreeder register

(1)The chief executive must publish the publicly available part of the breeder register on the online breeder registration system.

Note—

See section 173C in relation to personal information that must not be included in the publicly available part of the breeder register or published on the online breeder registration system.

(2)In this section—

publicly available part, of the breeder register, means the part of the register containing the following information for a person who is a registered breeder or an accredited breeder of an approved entity—

(a)the person’s name;

(b)the person’s breeder ID number or accreditation number;

(c)the date the person’s registration or accreditation ends;

(d)the local government area in which—

(i)if the person is an individual—the person’s place of residence is located; or

(ii)if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;

(e)the person’s telephone number or email address, as decided by the person.

s 172E ins 2016 No. 28 s 16

ch 7 pt 1 div 3 hdg ins 2016 No. 28 s 16

173Who may inspect regulated dog register

(1)The following persons may inspect information kept in the regulated dog register—

(a)the chief executive or a person engaged or employed by the chief executive to perform functions under this Act;

(b)the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act;

(c)an authorised person performing functions under this Act.

(2)The following persons may inspect information about a particular regulated dog kept in the register—

(a)the owner of the dog, to confirm details relating to the dog and its owner;

(b)a person to whom the owner of the dog has given consent in writing, to confirm details relating to the dog and its owner;

(c)a veterinary surgeon to confirm whether the dog the surgeon is treating or proposes to treat is a regulated dog;

(d)a licence holder in offering or providing a PPID registry service, to confirm whether the dog is a regulated dog;

(e)the operator of a pound or shelter, to confirm whether the dog is a regulated dog;

(f)a person engaged or employed by a person referred to in paragraph (c), (d) or (e) (each a relevant paragraph) in carrying out the persons duties, for the purpose set out in the relevant paragraph.

(3)However, a person mentioned in subsection (2) may inspect the register only for the purpose applying to the person stated in the subsection.

s 173 amd 2009 No. 17 s 311; 2015 No. 15 s 99 sch 1; 2016 No. 28 s 17

173AWho may inspect licence holder register

A person may, free of charge, inspect the information contained in the publicly available part of the licence holder register at the department’s head office during normal business hours.

s 173A ins 2016 No. 28 s 18

173BWho may inspect breeder register

(1)The following persons may inspect the information contained in the breeder register—

(a)the chief executive or a person engaged, employed or appointed by the chief executive to perform functions under this Act or the Animal Care and Protection Act 2001;

Example of a person appointed to perform a function under the Animal Care and Protection Act 2001—

an individual employed by the Royal Society for the Prevention of Cruelty to Animals Queensland Incorporated who is appointed as an inspector under the Animal Care and Protection Act 2001, section 114

(b)the chief executive officer of a local government or a person engaged, employed or appointed by the local government to perform functions under this Act or the Animal Care and Protection Act 2001;

(c)a police officer who is—

(i)monitoring or enforcing compliance with this Act or the Animal Care and Protection Act 2001; or

(ii)performing the police officer’s functions in relation to an animal or an animal welfare offence;

(d)an authorised officer under the Racing Integrity Act 2016 who is performing the authorised officer’s functions in relation to an animal or an animal welfare offence.

(2)Also, a person may, free of charge, inspect the information contained in the publicly available part of the breeder register at the department’s head office during normal business hours.

s 173B ins 2016 No. 28 s 18

173CPersonal information on breeder register

(1)This section applies if the chief executive is satisfied someone’s personal safety would be put at risk if particular information (for example, the person’s address or other contact details) were included in the breeder register.

(2)The chief executive must ensure the information is not included in—

(a)the publicly available part of the breeder register; or

(b)a copy of information from the breeder register, whether or not the information is from the publicly available part of the register.

(3)Also, despite section 172E(1), the chief executive must ensure the information is not published on the online breeder registration system.

s 173C ins 2016 No. 28 s 18

173DRequesting copy of information

(1)A person who, under section 173(2), 173A or 173B(2), inspects information kept in the register mentioned in that section, may ask for a copy of the information.

Note—

See section 173C in relation to personal information that must not be included in a copy of information from the breeder register.

(2)The person asking for the copy must pay the fee decided by the chief executive for the copy.

(3)The fee decided by the chief executive must not be more than the reasonable cost of producing the copy.

s 173D ins 2016 No. 28 s 18

ch 7 pt 1 div 4 hdg ins 2016 No. 28 s 18

174Chief executive officer must give information

(1)A chief executive officer of a local government must give the chief executive notice if—

(a)a restricted dog is registered in the local government’s area under chapter 3; or

(b)under chapter 4, the local government makes a regulated dog declaration for a dog in the local government’s area.

(2)The notice must—

(a)be given to the chief executive within 7 days after the dog is registered or declared as mentioned in subsection (1); and

(b)state all of the following information relating to the dog—

(i)the information stated in the registration notice for the dog;

(ii)the information stated in an information notice given under section 95 for the dog;

(iii)any other information prescribed under a regulation.

s 174 amd 2009 No. 17 s 312

175Chief executive officer must give information about owner

(1)This section applies if the chief executive officer of the relevant local government for a regulated dog receives a notice from—

(a)an owner of the dog, under section 54; or

(b)the permit holder for the dog, under schedule 1, section 8.

(2)The chief executive officer must, within 7 days after receiving the notice, give the chief executive—

(a)if the notice was given under section 54—notice of the changed information; or

(b)if the notice was given under schedule 1, section 8—notice of the holder’s new residential address.

176Chief executive may ask for confirmation of particular information

(1)The chief executive may give notice (the request) to the chief executive officer of a local government that the chief executive seeks a notice (the response) about whether particular information is still accurate according to the records kept by the chief executive officer.

(2)The request may be made only once in a period of 12 months.

(3)The chief executive officer must give the chief executive the response within 28 days after receiving the request.

(4)In this section—

information means information—

(a)the chief executive officer has already given the chief executive under section 174 or 175; and

(b)set out in the request.

177Registers comprising dog registry

(1)The chief executive officer of each local government must keep the following registers about dogs usually kept or proposed to be kept in the local government’s area—

(a)a general register;

(b)another register prescribed under a regulation.

(2)The registers are collectively called the dog registry of the local government.

s 177 amd 2013 No. 41 s 44

178General register

The general register must include all of the following information for each dog mentioned in section 177(1)—

(a)the information about the dog and its owner stated in a registration notice for the dog, given under section 49;

(b)if the dog is a declared dangerous dog or declared menacing dog—the information required to be stated in an information notice under section 95(6) about the dog;

(c)if the dog is a regulated dog—the number recorded on its collar, identification tag, registration tag or tattoo for desexing;

(d)if the dog is a restricted dog—details of any restricted dog permit in force for the dog;

(e)other information the local government considers appropriate.

s 178 amd 2013 No. 41 s 52; 2013 No. 41 s 48 (1) sch 1 pt 1

179Public access to registers

(1)A local government must keep its dog registry open to inspection at the public office of the local government.

(2)However, subsection (1) does not apply for information about an owner of a dog required to be stated in a registration notice for the dog.

s 179 amd 2013 No. 41 s 48 (1), (3) sch 1 pts 1, 3

ch 8 hdg amd 2009 No. 24 s 1260

ch 8 pt 1 hdg amd 2009 No. 24 s 1261

180Internal review process before external review

Every review of an original decision must be, in the first instance, by way of an application for internal review.

s 180 sub 2009 No. 24 s 1262

181Who may apply for internal review

(1)An interested person for an original decision made by the chief executive under any of the following provisions may apply to the chief executive for an internal review of the decision (a designated review application)—

(a)chapter 2, part 1, division 3, subdivision 3;

(b)chapter 2A, part 2, division 4;

(c)chapter 2B, part 5;

(d)chapter 6.

(2)An interested person for an original decision made by a local government or authorised person appointed to a local government may apply to the chief executive officer of the local government for an internal review of the decision (a general review application).

s 181 amd 2009 No. 17 s 313; 2009 No. 24 s 1263; 2015 No. 15 s 99 sch 1; 2016 No. 28 s 19

182Requirements for making designated review application

(1)A designated review application must be—

(a)in the approved form; and

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

(c)made within 14 days after the applicant is given the information notice about the original decision the subject of the application.

(2)However, the chief executive may, at any time, extend the time for making a designated review application.

s 182 amd 2009 No. 17 s 314; 2015 No. 15 s 99 sch 1; 2016 No. 28 s 20

183Requirements for making general review application

(1)A general review application must be—

(a)in the approved form; and

(b)supported by enough information to enable the chief executive officer to decide the application; and

(c)made within 14 days after the applicant is given the information notice about the original decision the subject of the application.

(2)However, the chief executive officer may, at any time, extend the time for making a general review application.

s 183 amd 2009 No. 17 s 315

184Stay of operation of original decision

(1)A designated review application or general review application does not stay the original decision the subject of the application.

(2)However the applicant may, immediately after being given the information notice for the original decision, apply, as provided under the QCAT Act, to QCAT for a stay of the original decision.

(3)QCAT may stay the original decision to secure the effectiveness of the internal review and a later application to QCAT for external review.

(4)A stay may be granted on conditions QCAT considers appropriate.

(5)However, if the original decision relates to a regulated dog declaration a condition must be imposed that each owner of, and responsible person for, the dog must, until the internal review and any external review and appeal are decided, ensure the requirements under schedule 1, section 3, are complied with for the dog the subject of the declaration.

Note—

See also sections 66 and 67 for the prohibition on supplying a restricted dog, declared dangerous dog or declared menacing dog.

(6)The period of the stay must not extend past the time when—

(a)if the chief executive makes a designated review decision about the original decision—the chief executive makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision; or

(b)if the chief executive officer of a local government makes an internal review decision about the original decision—the chief executive officer makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.

(7)A designated review application or general review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

s 184 amd 2009 No. 17 s 316; 2009 No. 24 s 1264; 2015 No. 15 s 99 sch 1; 2016 No. 28 ss 21, 71 sch 1

185Designated review decision

(1)The chief executive must, within 20 days after receiving a designated review application made under section 182—

(a)conduct an internal review of the original decision the subject of the application; and

(b)make a decision (the designated review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision.

(2)The application must not be dealt with by—

(a)the person who made the original decision; or

(b)a person in a less senior office than the person who made the original decision.

(3)Subsection (2)—

(a)applies despite the Acts Interpretation Act 1954, section 27A; and

(b)does not apply to an original decision made by the chief executive personally.

(4)If the designated review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the designated review decision.

(5)If the designated review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the designated review decision.

s 185 amd 2009 No. 24 s 1265; 2015 No. 15 s 99 sch 1; 2016 No. 28 ss 22, 71 sch 1 (amdt could not be given effect)

185AInternal review of concurrent regulated dog declaration and destruction order

(1)This section applies if—

(a)an interested person is given a combined information notice under section 127A(4)(b) about a decision to make a regulated dog declaration and a decision to give a destruction order for a dog; and

(b)the person makes a general review application for both the decisions.

(2)The chief executive officer of a local government that received the application may conduct an internal review of the decisions at the same time under section 186.

s 185A ins 2013 No. 41 s 53

186Other internal review decisions

(1)The chief executive officer of a local government must, within 20 days after receiving a general review application made under section 183—

(a)conduct an internal review of the original decision the subject of the application; and

(b)make a decision (the internal review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision.

(2)The application must not be dealt with by—

(a)the person who made the original decision; or

(b)a person in a less senior office than the person who made the original decision.

(3)Subsection (2)—

(a)applies despite the Acts Interpretation Act 1954, section 27A; and

(b)does not apply to an original decision made by the chief executive officer of the local government personally.

(4)If the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision.

(5)If the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.

s 186 amd 2009 No. 24 s 1266; 2016 No. 28 s 71 sch 1 (amdt could not be given effect)

187Notice of designated decision or internal review decision

(1)The chief executive must, within 10 days after making a designated review decision, give the applicant notice (the review notice) of the review decision.

(2)The chief executive officer of a local government must, within 10 days after making an internal review decision, give the applicant notice (also the review notice) of the internal review decision.

(3)If the internal review decision or designated review decision is not the decision sought by the applicant, the review notice must include or be accompanied by a notice complying with the QCAT Act, section 157(2) for the decision.

(4)If the chief executive does not give the review notice within the 10 days, the chief executive is taken to have made a decision confirming the original decision.

(5)If the chief executive officer of the local government does not give the review notice within the 10 days, the chief executive officer is taken to have made a decision confirming the original decision.

s 187 amd 2009 No. 24 s 1267; 2015 No. 15 s 99 sch 1; 2016 No. 28 s 23

ch 8 pt 2 hdg sub 2009 No. 24 s 1268

188Who may apply for external review

A person who is given, or is entitled to be given, a review notice for a decision under part 1 may apply, as provided under the QCAT Act, for an external review of the decision.

s 188 sub 2009 No. 24 s 1268

189Condition on stay granted by QCAT for particular decisions

(1)This section applies if a person makes an application for external review to QCAT for a decision about a regulated dog declaration.

(2)If, under the QCAT Act, section 22(3) QCAT decides to grant a stay of the decision, QCAT must impose a condition on the stay that each of the following persons must, until the external review is decided, ensure the requirements under schedule 1, section 3 are complied with for the dog the subject of the declaration—

(a)the owner of the dog;

(b)a responsible person for the dog.

Note—

See also sections 66 and 67 for the prohibition on supplying a restricted dog, declared dangerous dog or declared menacing dog.

s 189 amd 2009 No. 17 s 317

sub 2009 No. 24 s 1268

amd 2016 No. 28 s 71 sch 1

194Relevant person must ensure dog does not attack or cause fear

(1)A relevant person for a dog must take reasonable steps to ensure the dog does not attack, or act in a way that causes fear to, someone else or another animal.

Maximum penalty—

(a)if the attack causes the death of or grievous bodily harm to the person—300 penalty units; or

(b)if the attack causes the death of or grievous bodily harm to the animal—100 penalty units; or

(c)if the attack causes bodily harm to the person or animal—50 penalty units; or

(d)otherwise—20 penalty units.

(2)In this section—

animal does not include vermin that are not the property of anyone.

Examples of vermin that are someone’s property—

•a pet mouse or guinea pig

•vermin that are protected animals under the Nature Conservation Act 1992 (See section 83 of that Act.)

relevant person, for a dog, means—

(a)the owner of the dog; or

(b)any responsible person for the dog.

s 194 amd 2009 No. 17 s 319

195Prohibition on allowing or encouraging dog to attack or cause fear

(1)A person must not allow or encourage a dog to attack, or act in a way that causes fear to, a person or another animal.

Maximum penalty—

(a)if the attack causes the death of or grievous bodily harm to the person—300 penalty units; or

(b)if the attack causes the death of or grievous bodily harm to the animal—100 penalty units; or

(c)if the attack causes bodily harm to the person or animal—50 penalty units; or

(d)otherwise—20 penalty units.

(2)In this section—

allow or encourage, without limiting the Criminal Code, sections 7 and 8, includes cause to allow or encourage.

animal does not include vermin that are not the property of anyone.

Examples of vermin that are someone’s property—

•a pet mouse or guinea pig

•vermin that are protected animals under the Nature Conservation Act 1992 (See section 83 of that Act.)

s 195 sub 2009 No. 17 s 320

amd 2016 No. 28 s 71 sch 1 (amdt could not be given effect)

196Defences for offence against s 194 or 195

(1)It is a defence to a prosecution for an offence against section 194 or 195 for the defendant to prove—

(a)the dog attacked, or acted in a way that caused fear to, the other person (the complainant) or the animal—

(i)as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or

(ii)to protect the defendant, or a person accompanying the defendant (the accompanying person), or the defendant’s or accompanying person’s property; or

(b)for an attack on an animal, the dog was engaged in hunting the animal on private property when the offence happened; or

(c)for an attack on stock, the dog is a working dog and the offence happened when the stock were being worked; or

(d)the dog is a government entity dog and when the offence happened the defendant was acting within the scope of employment by the government entity; or

(e)when the offence happened, the dog was a security patrol dog carrying out that function under the Security Providers Act 1993.

(2)In this section—

dog patrol category, of functions of a security officer, has the meaning given by the Security Providers Act 1993, schedule 2.

security officer has the meaning given by the Security Providers Act 1993, section 7.

security patrol dog means a dog used in the dog patrol category of functions of a security officer.

s 196 sub 2009 No. 17 s 320

197Muzzling decommissioned greyhounds in public places

(1)This section applies to an owner of a decommissioned greyhound if a local law requires it to be muzzled when in a public place.

(2)The requirement does not apply to the owner.

(3)In this section—

decommissioned greyhound means a greyhound that—

(a)is not a declared dangerous dog or declared menacing dog; and

(b)has successfully completed a program prescribed under a regulation.

ch 9 pt 2A hdg ins 2015 No. 15 s 37

197ADestruction of particular dogs

(1)This section applies if—

(a)an animal is a designated animal under the Biosecurity Act 2014, other than a bee, pig or designated bird; and

(b)the animal is on an area of land zoned rural land under the Land Valuation Act 2010, section 10; and

(c)1 or more owners of the land, or an authorised person, reasonably believes a dog on the land—

(i)is not under someone’s control; and

(ii)is attacking, or is about to attack, the animal.

(2)Each of the following persons may destroy the dog—

(a)each owner of the land who has that belief;

(b)an authorised person.

(3)To remove any doubt, it is declared that a person mentioned in subsection (2) may, as well as or instead of acting personally, use an agent or assistant, or both, in destroying the dog.

(4)Compensation is not payable for the destruction.

(5)In this section—

owner, of land, includes a person in charge of an animal, that is stock, on the land.

person in charge, of an animal, see the Animal Care and Protection Act 2001, section 12.

s 197A ins 2015 No. 15 s 37

amd 2016 No. 28 s 24

198Evidentiary value of copies

(1)This section applies to a copy of a document that—

(a)purports to be made under the authority of a local government or its mayor; and

(b)purports to be verified by the mayor or an employee who is authorised by the local government.

(2)The copy of the document is evidence in any proceedings as if the copy were the original of the document.

199Evidentiary value of certificates

(1)This section applies to a certificate that—

(a)purports to be about the state of, or a fact in, a record of the local government; and

(b)purports to be signed by the chief executive officer.

(2)The certificate is evidence of the matters contained in the certificate.

199AEvidentiary aid—certificate by chief executive

A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—

(a)whether or not a person has applied under section 43F to be registered as a breeder and, if the person has applied, the date the application was made;

(b)on a stated day, or during a stated period, a person was or was not a registered breeder;

(c)on a stated day, a person’s registration as a registered breeder—

(i)was suspended; or

(ii)was suspended for a stated period;

(d)on a stated day, a person’s registration as a registered breeder was cancelled;

(e)the designated details of a registered breeder or an accredited breeder of an approved entity as recorded in the breeder register on a stated day.

s 199A ins 2016 No. 28 s 25

200Application of div 2

This division applies to a proceeding under or in relation to this Act.

201Appointments and authority

The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—

(a)the appointment of an authorised person;

(b)the power of an authorised person to do anything under chapter 5.

203Other evidentiary aids

(1)For applying section 198 for the proceeding, a record of a local government is taken to include—

(a)a thing as follows given, issued, kept or made under this chapter or chapter 5—

(i)an appointment;

(ii)a decision or record;

(iii)a restricted dog permit;

(iv)the local government’s dog registry;

(v)a regulated dog declaration;

(vi)a proposed declaration notice, compliance notice or other notice;

(vii)a destruction order; and

(b)another document kept under this Act; and

(c)a statement that on a stated day—

(i)a stated person was given a stated decision, declaration, notice or order; or

(ii)a stated requirement under chapter 4 or 5 was made of a stated person; and

(d)a statement that on a stated day, or during a stated period, a restricted dog permit was or was not in force for a stated dog or a stated place.

(2)This section does not limit section 198.

s 203 amd 2013 No. 41 s 48 (3) sch 1 pt 3

204False or misleading information

A person (the relevant person) commits an offence if the relevant person gives, either orally or in a document, the following persons information the relevant person knows is false or misleading in a material particular—

(a)the chief executive;

(b)a chief executive officer of a local government;

(c)an authorised person;

(d)an authorised implanter;

(e)a licence holder.

Maximum penalty—100 penalty units.

205Delegation by chief executive

(1)The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer of the department.

(2)In this section—

appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.

Example of standing—

the officer’s classification level in the department

functions includes powers.

206Delegation by chief executive officer

(1)The chief executive officer of a local government may delegate the chief executive officer’s functions under this Act to an appropriately qualified officer of the local government.

(2)In this section—

appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.

Example of standing—

the officer’s classification level in the local government

functions includes powers.

s 206 amd 2009 No. 17 s 321

207References to right to enter

A right under this Act to enter a place includes the right to—

(a)leave and re-enter the place from time to time; and

(b)remain on the place for the time necessary to achieve the purpose of the entry.

Note—

See section 123 for the powers an authorised person may exercise after entering a place.

s 207 amd 2016 No. 28 s 71 sch 1

207AChief executive (transport) must disclose information

(1)This section applies if—

(a)an authorised person is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about a prescribed offence, to identify the relevant person for a dog; and

(b)the authorised person asks the chief executive (transport) for the information.

(2)The chief executive (transport) must disclose the information to the authorised person if—

(a)the chief executive (transport) reasonably considers that the information may be used to identify the relevant person; or

(b)the disclosure is authorised by the person to whom the information relates.

(3)In this section—

chief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.

prescribed offence means an offence under section 194 or 195 involving an attack by a dog if the attack causes—

(a)the death of, or grievous bodily harm to, a person or another animal; or

(b)bodily harm to a person or another animal.

relevant person, for a dog, means the owner of the dog or any responsible person for the dog.

vehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995.

s 207A ins 2012 No. 3 s 4

207BSharing of information with particular persons

The chief executive may give information obtained under chapter 2A or 2B in the following circumstances—

(a)to an inspector appointed under the Animal Care and Protection Act 2001 if the chief executive reasonably believes the information will help the inspector to perform the inspector’s functions under that Act;

(b)to an authorised officer appointed under the Animal Care and Protection Act 2001 if the chief executive reasonably believes the information will help the authorised officer to perform the authorised officer’s functions under that Act;

(c)to a police officer if the chief executive reasonably believes the information will help the police officer to perform the police officer’s functions in relation to an animal or an animal welfare offence;

(d)to the chief executive officer of a local government if the chief executive reasonably believes the information will help a person engaged, employed or appointed by the local government to perform a function under this Act or the Animal Care and Protection Act 2001;

(e)to an authorised officer appointed under the Racing Integrity Act 2016 if the chief executive reasonably believes the information will help the authorised officer to perform the authorised officer’s functions under that Act.

s 207B ins 2016 No. 28 s 26

207CUse of information by particular persons

(1)This section applies to—

(a)a person who obtains information under section 173B(1); or

(b)a person to whom information is given under section 207B.

(2)The person may use the information to perform a function the person has—

(a)under this Act, the Animal Care and Protection Act 2001 or the Racing Integrity Act 2016, including, for example, monitoring or enforcing compliance with any of those Acts; or

(b)if the person is a police officer—in relation to an animal or an animal welfare offence.

s 207C ins 2016 No. 28 s 26

208Payment of penalties for offences against particular provisions

(1)This section applies—

(a)if a court orders a person to pay a penalty for an offence against chapter 4 or section 134; and

(b)despite the Local Government Act 2009, section 246 and the Acts Interpretation Act 1954, section 43.

(2)The court must also order the person to pay the penalty to a local government decided by the court.

s 208 amd 2015 No. 15 s 38; 2016 No. 28 s 71 sch 1

209Approval of forms

(1)The chief executive may approve forms for use under chapter 2A, 2B, 6 or section 182.

(2)The chief executive officer of a local government may approve forms for use under this Act other than for the provisions mentioned in subsection (1).

s 209 amd 2009 No. 17 s 322; 2016 No. 28 s 27

209A Electronic notices

(1)The chief executive may give a notice or other document to a person by electronic communication to an electronic address of the person if the person—

(a)gave the address to the chief executive for the purpose of communicating with the person; and

(b)has not asked the chief executive to discontinue use of the address.

Examples of an electronic address—

an email address or mobile phone number

(2)This section does not limit the Electronic Transactions (Queensland) Act 2001.

s 209A ins 2020 No. 3 s 22

210Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about—

(a)class of cat or dog that may be exempt from being—

(i)implanted with a PPID; or

(ii)tattooed for desexing; or

(b)class of dog that may be exempt from being registered; or

(c)the requirements for PPIDs; or

(d)the way licence holders must keep and maintain PPID information and copies of records from which the identifying information is obtained; or

(e)permit conditions and conditions applying to declared dangerous dogs and declared menacing dogs; or

(f)the fees to be paid under this Act; or

(g)information that must be stated on a registration form for the registration of a dog.

(3)A regulation may prescribe a penalty of not more than 20 penalty units for contravention of a regulation.

s 210 amd 2013 No. 41 s 45; 2015 No. 15 s 39; 2020 No. 3 s 26

ch 10 pt 1 hdg ins 2009 No. 51 s 45

211Deferral for particular local governments

The following provisions (the deferred provisions) do not apply in an area of a local government, other than in the area of a designated local government, until the deferred date—

•chapter 2, part 1, division 1

•chapter 3

•sections 177, 178 and 221.

s 211 amd 2009 No. 17 s 323

212Restricted dog registers

(1)This section applies to a local government, other than a designated local government, until the deferred date.

(2)The restricted dog register must include all of the following information for each restricted dog permit in force in the local government’s area—

(a)the address of the place for which the permit has been issued;

(b)the following details for each restricted dog the subject of the permit—

(i)breed;

(ii)colour;

(iii)sex;

(iv)the number recorded on its collar, identification tag, registration tag or tattoo for desexing;

(v)any other noticeable distinguishing features or marks;

(c)other information prescribed under a regulation.

(3)A restricted dog register may include other information the local government considers appropriate.

s 212 amd 2009 No. 17 s 324

213Cats and dogs implanted before commencement

Section 37 applies to an authorised implanter whether the implantation was done before or after the commencement of this section.

s 213 amd 2009 No. 17 s 325

214Regulated dogs must be implanted with a PPID

(1)An owner of a regulated dog that was not implanted with a PID on the commencement of this section must ensure the dog is implanted with a PPID within 14 days after the commencement of this section unless the owner has a reasonable excuse.

Maximum penalty—75 penalty units.

(2)It is a defence to a prosecution for an offence against subsection (1) if the defendant tenders in evidence a signed veterinary surgeon’s certificate stating, or other evidence of, either of the following—

(a)that the dog is implanted with a PID;

(b)that implanting the dog with a PPID is likely to be a serious risk to its health.

215Desexed cat or dog at commencement need not be tattooed for desexing

An owner of a cat or dog that is desexed at the commencement of this section does not contravene section 42(1) if the cat or dog is not tattooed for desexing.

216Cat or dog not registered at commencement

(1)This section applies to an owner of a cat or dog other than the operator of a shelter or pound if the cat or dog—

(a)is not registered at the commencement of this section; or

(b)is less than 12 weeks old.

(2)The owner must ensure the cat or dog is registered within 3 months after—

(a)if the relevant local government is a designated local government—the commencement; or

(b)otherwise—the deferred date.

Maximum penalty—20 penalty units.

(3)It is a defence to a prosecution for an offence against subsection (2) for the defendant to prove the cat or dog is—

(a)a government entity dog; or

(b)a working dog; or

(c)another class of cat or dog prescribed under a regulation.

s 216 sub 2009 No. 17 s 326

217Restricted dogs and convictions under repealed LGA chapter

(1)A dog that was a restricted dog under the repealed LGA chapter immediately before the commencement of this section is taken to be a restricted dog under this Act.

(2)A conviction for an offence under the repealed LGA chapter is taken to be a conviction for an offence against chapter 4.

(3)In this section—

repealed LGA chapter means the Local Government Act 1993, former chapter 17A.

217ACorresponding law regulated dogs and corresponding convictions

(1)This section applies if immediately before the commencement of this section—

(a)a dog was the subject of a declaration, however called, under a corresponding law; and

(b)the declaration is the same as or similar to a regulated dog declaration.

(2)The dog is taken to be a regulated dog under this Act.

(3)A corresponding conviction for an offence relating to the dog is taken to be a conviction for an offence against chapter 4.

(4)In this section—

corresponding conviction, for an offence relating to the dog, means a conviction in another State for an offence that is the same, or substantially the same, as an offence against chapter 4.

s 217A ins 2009 No. 17 s 327

217BLocal law dangerous dogs and corresponding convictions

(1)A dog that was declared to be a dangerous dog under a local law (a local law dangerous dog) immediately before the commencement of this section is taken to be a declared dangerous dog under this Act.

(2)A corresponding conviction for an offence relating to a local law dangerous dog is taken to be a conviction for an offence against chapter 4.

(3)In this section—

corresponding conviction, for an offence relating to a local law dangerous dog, means a conviction under a local law for an offence that is the same, or substantially the same, as an offence against chapter 4.

s 217B ins 2009 No. 17 s 327

218Permit applications

A permit application made, under the Local Government Act 1993, section 1193Q immediately before the commencement of this section but not finally decided is taken to be a permit application for section 72.

219Restricted dog register kept under Local Government Act 1993 continues

A restricted dog register kept under the Local Government Act 1993, section 1193ZN before the commencement of this section is taken to be a restricted dog register kept under section 212.

220Person given or entitled to be given information notice

(1)This section applies to a person who immediately before the commencement of this section—

(a)had been, or was entitled to be given, an information notice mentioned in the Local Government Act 1993, section 1193ZZH about a decision under chapter 17A of that Act; and

(b)had not started an appeal under the Local Government Act 1993, section 1193ZZI.

(2)The person may apply for a review of the decision under chapter 8 as if the decision had been made under this Act.

221Registration of cat or dog continues

(1)A restricted dog registered under the Local Government Act 1993 before the commencement of this section is taken to be registered under chapter 3.

(2)A cat or dog registered under a local law before the commencement of this section is taken to be registered under chapter 3.

221AReferences to address of place stated in registration notice for cat or dog

(1)This section applies to a local government, other than a designated local government, until the deferred date.

(2)A reference in this Act to the address of the place stated in the registration notice for a cat or dog is taken to be a reference to the place where the cat or dog is usually kept or proposed to be kept.

s 221A ins 2009 No. 17 s 328

ch 10 pt 2 hdg ins 2009 No. 51 s 46

222Provision about offences under s 24

(1)A proceeding can not be started for an offence under pre-amended section 24(1) if the circumstances giving rise to the commission of the offence—

(a)would not, if the circumstances happened after the commencement of this section, give rise to the commission of an offence under post-amended section 24(1); or

(b)involve an authorised implanter to which, if the circumstances happened after the commencement of this section, post-amended section 24(1), paragraph (c) could have applied.

(2)In this section—

amending Act means the Building and Other Legislation Amendment Act 2009.

post-amended section 24(1) means section 24(1) as replaced under the amending Act, section 40.

pre-amended section 24(1) means section 24(1) as in force immediately before the amending Act, section 40 commences.

s 222 ins 2009 No. 51 s 46

ch 10 pt 3 hdg ins 2010 No. 35 s 9

223Provision about s 63A

From the commencement of this section, this Act applies as if section 63A had been in force since 6 April 2010.

s 223 ins 2010 No. 35 s 9

ch 10 pt 4 hdg ins 2013 No. 41 s 46

ch 10 pt 4 div 1 hdg ins 2013 No. 41 s 46

224Definitions for pt 4

In this part—

amending Act means the Agriculture and Forestry Legislation Amendment Act 2013.

commencement means the commencement of the provision in which the term is used.

declared local government see section 226(1).

former, for a provision, means the provision as in force immediately before the amendment or repeal of the provision under the amending Act.

s 224 ins 2013 No. 41 s 46

225Interpretation for pt 4

If a provision in this part uses a term defined under this Act as in force before the commencement (the unamended Act), the term has the same meaning as it had under the unamended Act.

s 225 ins 2013 No. 41 s 46

ch 10 pt 4 div 2 hdg ins 2013 No. 41 s 46

226Cat registration under former ch 3 continues for declared local government

(1)This section applies to a local government (a declared local government) if—

(a)before the commencement, the local government passed a resolution that it is a declared local government for this part; and

(b)on the commencement, the resolution had not been repealed.

(2)The following provisions, and any former provision mentioned in the provisions or necessary to give effect to the provisions, continue to apply in the declared local government’s local government area as if the provisions had not been amended by the amending Act—

(a)former chapter 3;

(b)former sections 177 to 179 and 203.

(3)This section applies to the declared local government until the first of the following to happen—

(a)the declared local government makes a local law about cat registration;

(b)the declared local government passes a resolution that it is no longer a declared local government for this part;

(c)1 year after the commencement of this section.

s 226 ins 2013 No. 41 s 46

ch 10 pt 4 div 3 hdg ins 2013 No. 41 s 46

227Registration form for registration of cat

(1)This section applies to the owner of a cat who—

(a)before the commencement, gave the relevant local government a registration form for registration of the cat, including the registration fee for the cat, under former section 46; and

(b)on the commencement, had not received under former section 49 a registration notice for the cat.

(2)The relevant local government must—

(a)refund the registration fee to the owner; or

(b)if the local government is a declared local government—register the cat under former chapter 3, part 2; or

(c)if a local government makes a local law requiring cats to be registered—register the cat under the local law.

s 227 ins 2013 No. 41 s 46

228Registration fee paid to relevant local government under former s 53

(1)This section applies if, before the commencement—

(a)a person paid the relevant local government, other than a declared local government, a registration fee for a cat; and

(b)the relevant local government gave the person a registration notice for the cat.

(2)The local government must—

(a)use the registration fee in the way stated in former section 53 as if that section had not been amended; or

(b)subject to subsection (3), refund the registration fee to the person.

(3)If the local government acts under subsection (2)(b), the local government may refund the proportion of the fee the local government considers appropriate, having regard to the period of the registration stated on the registration notice that remains after the commencement.

s 228 ins 2013 No. 41 s 46

pt 5 hdg ins 2016 No. 28 s 28

229Application of chs 2A, pt 2 and 2B, pt 3

(1)Chapter 2A, part 2 and chapter 2B, part 3, as inserted by the amendment Act, apply only in relation to a dog born on or after the commencement.

(2)In this section—

amendment Act means the Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016.

s 229 ins 2016 No. 28 s 28

sections 81, 93, 97 and 98

1Definitions for sch 1

In this schedule—

relevant dog means—

(a)if the dog is a declared dangerous dog or a declared menacing dog—a declared dangerous dog or a declared menacing dog; or

(b)if the dog is a restricted dog the subject of a restricted dog permit—a restricted dog the subject of a permit.

relevant person ...

sch 1 s 1 def relevant person om 2009 No. 17 s 329 (1)

relevant place, for a relevant dog, means—

(a)if the relevant dog is a declared dangerous dog or a declared menacing dog—the place stated in the registration notice as the address for it; or

(b)if the relevant dog is a restricted dog—the place for which a restricted dog permit has been issued.

2Identification

(1)A relevant dog must be implanted with a PPID.

(2)A relevant dog must, at all times, wear a collar with an attached identifying tag.

(3)The tag must be of the type, and contain the information prescribed under a regulation.

sch 1 s 2 amd 2015 No. 15 s 99 sch 1; 2016 No. 28 s 71 sch 1 (amdt could not be given effect)

2ADistinctive collar

(1)A relevant dog must, at all times, wear a distinctive collar.

(2)The collar must—

(a)be of the dimensions, quality and type prescribed by regulation; and

(b)comply with other requirements prescribed by regulation.

sch 1 s 2A ins 2020 No. 3 s 27

3Muzzling and effective control in place that is not relevant place

(1)A relevant dog must not be in a place that is not the relevant place for the dog unless it is—

(a)muzzled; and

(b)under the effective control of someone who has the control of no more than 1 dog at the same time.

(2)However, subsection (1) does not apply for a relevant dog in a vehicle that is in a place that is not the relevant place for the dog if the dog is—

(a)in an enclosed part of the vehicle; and

(b)enclosed or restrained in a way that prevents the dog or any part of it from being outside the enclosed part of the vehicle.

(3)In subsection (1)(a)—

relevant dog—

(a)does not include a declared menacing dog or a dog the subject of a proposed declaration notice for a menacing dog declaration; but

(b)includes a dog the subject of a proposed declaration notice for a dangerous dog declaration or restricted dog declaration.

sch 1 s 3 amd 2009 No. 17 s 329; 2009 No. 51 s 47