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This is a Bill, not an Act. For current law, see the Acts databases.
DOMESTIC ANIMALS AMENDMENT BILL 2002
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Domestic
Animals Amendment Bill 2002
Contents
Page
2002
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Domestic Animals
Amendment Bill 2002
A Bill for
An Act to amend the
Domestic Animals Act
2000, and for related purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Domestic Animals Amendment Act 2002.
This Act commences on the day after its notification day.
Part
2 Domestic Animals Act
2000
This part amends the Domestic Animals Act 2000.
4 Registration
tag offencesSection 15
(1)
substitute
(1) The keeper of a dog or carer of a dog must not, without reasonable
excuse—
(a) be on private premises (other than the keeper’s address) with
the dog, unless the dog is wearing its registration tag; or
(b) be in a public place with the dog, unless the dog is wearing its
registration tag.
Maximum penalty: 3 penalty units.
(1A) The keeper of a dog commits an offence if—
(a) the dog is in a public place or on private premises (other than the
keeper’s address); and
(b) the dog is not with a carer; and
(c) the dog is not wearing its registration tag.
Maximum penalty: 3 penalty units.
renumber the subsections when Act next republished under the Legislation
Act 2001
6 Dangerous
dogs licences—approval or refusalNew
section 25 (2A)
insert
(2A) However, if the application is made after the dog was seized under
division 2.7 (Seizing dogs and dealing with them) and the dog is declared to be
a dangerous dog after it was seized, the registrar may approve the application
only if section 62 (3), 63 (3) or 64 (3) applies to the offence for which the
dog was seized.
renumber the subsections when Act next republished under the Legislation
Act 2001
8 Dogs
on private premises to be restrainedNew
section 45 (4A)
insert
(4A) The keeper of a dog commits an offence if the dog is on private
premises and is not with a carer, unless the keeper has the consent of the
occupier of the premises.
Maximum penalty: 5 penalty units.
omit
(1) or (3)
substitute
(1), (3) or (4A)
renumber the subsections when Act next republished under the Legislation
Act 2001
11 Offences
of attacking or harassingSection 50
(1)
omit
attack
substitute
attack or harass
omit
harasses
substitute
attacks or harasses
omit
attacked
substitute
attacked or harassed
14 Sections
62, 63 and 64
substitute
62 Releasing dogs seized under general
power
(1) This section applies to a dog seized under section 56
(Seizure—generally) unless the dog is declared to be a dangerous dog after
it was seized.
Note Section 65 (Releasing dogs declared dangerous after
seizure for offence) deals with the release of a dog declared to be dangerous
after it is seized.
(2) The registrar must release the dog to a person claiming its release
only if—
(a) the registrar is satisfied the person is the dog’s keeper;
and
(b) the dog is registered; and
(c) if the dog was seized under section 56 (a), (b) or (c) because of an
offence against this Act—subsection (3) applies to the offence;
and
(d) the keeper of the dog has not relinquished ownership under section 69
(Relinquishing ownership of dogs); and
(e) any fee payable under section 144 (Determination of fees) for the
release of the dog has been paid.
(3) This subsection applies to an offence if—
(a) 28 days have elapsed since the day the offence was committed
and—
(i) a prosecution has not been begun for the offence; and
(ii) an infringement notice has not been served for the offence;
or
(b) an infringement notice has been served for the offence and the
infringement notice penalty has been paid or the notice withdrawn; or
(c) a prosecution for the offence was begun within 28 days after the day
the offence was committed and—
(i) the prosecution is discontinued; or
(ii) the keeper is convicted or found guilty of the offence but is not
disqualified from keeping the dog, any dog, a dog of that kind or any
animal.
63 Releasing dogs seized under power relating to
dangerous dogs or multiple dogs
(1) This section applies to—
(a) a dog seized under section 57 (Seizure—dangerous dogs);
or
(b) a dog seized under section 58 (Seizure—contravention of multiple
dog licence) unless the dog is declared to be a dangerous dog after it was
seized.
Note Section 65 (Releasing dogs declared dangerous after
seizure for offence) deals with the release of a dog declared to be dangerous
after it is seized.
(2) The registrar must release the dog to a person claiming its release
only if—
(a) the registrar is satisfied the person is the dog’s keeper;
and
(b) the dog is registered; and
(c) if the dog was seized under section 57 (b) or (c)—a dangerous
dogs licence is in force for the dog; and
(d) if the dog was seized under section 58—the keeper has any
multiple dog licence needed to keep the dog; and
(e) if the dog was seized because of an offence against this
Act—subsection (3) applies to the offence; and
(f) the keeper of the dog has not relinquished ownership under section 69
(Relinquishing ownership of dogs); and
(g) any fee payable under section 144 (Determination of fees) for the
release of the dog has been paid.
Note As a condition of the issue of a dangerous dogs licence,
the registrar can require the keeper of the dog and the dog complete an approved
course in behavioural or socialisation training for the dog.
(3) This subsection applies to an offence if—
(a) 28 days have elapsed since the day the offence was committed
and—
(i) a prosecution has not been begun for the offence; and
(ii) an infringement notice has not been served for the offence;
or
(b) an infringement notice has been served for the offence and the
infringement notice penalty has been paid or withdrawn; or
(c) a prosecution for the offence was begun within 28 days after the day
the offence was committed and—
(i) the prosecution is discontinued; or
(ii) the keeper is convicted or found guilty of the offence but is not
disqualified from keeping the dog, any dog, a dog of that kind or any
animal.
64 Release of dogs seized under attacking and
harassing power
(1) This section applies to a dog seized under section
59 (Seizure—attacking and harassing dogs) unless the dog is declared
to be a dangerous dog after it was seized.
Note Section 65 (Releasing dogs declared dangerous after
seizure for offence) deals with the release of a dog declared to be dangerous
after it is seized.
(2) The registrar must release the dog to a person claiming its release
only if—
(a) the registrar is satisfied the person is the dog’s keeper;
and
(b) the dog is registered; and
(c) the court has not ordered the destruction of the dog under section 50
(4) (Offences of attacking or harassing); and
(d) if the dog was seized under section 59 because of an offence against
this Act—subsection (3) applies to the offence; and
(e) the keeper of the dog has not relinquished ownership under section 69
(Relinquishing ownership of dogs); and
(f) any fee payable under section 144 (Determination of fees) for the
release of the dog has been paid.
(3) This subsection applies to an offence if—
(a) 28 days have elapsed since the day the offence was committed
and—
(i) a prosecution has not been begun for the offence; and
(ii) an infringement notice has not been served for the offence;
or
(b) an infringement notice has been served for the offence and the
infringement notice penalty has been paid or withdrawn; or
(c) a prosecution for the offence was begun within 28 days after the day
the offence was committed and—
(i) the prosecution is discontinued; or
(ii) the keeper is convicted or found guilty of the offence but is not
disqualified from keeping the dog, any dog, a dog of that kind or any
animal.
15 Relinquishing
ownership of dogsNew section 69
(1A)
insert before subsection (1)
(1A) This section applies to a dog seized under this division.
renumber the subsections when Act next republished under the Legislation
Act 2001
17 Issue
of nuisance noticesSection 112 (1) (a) and
(b)
substitute
(a) the keeper of the animal believed to be causing the nuisance;
or
(b) if the keeper cannot be identified or is not the occupier of the
premises—a person who occupies the place where the nuisance exists, or
from which it emanates.
18 Seizure,
impounding and return of animalsSection 114
(1)
omit
the registrar
substitute
an authorised officer
substitute
(2) For subsection (1), the authorised officer may only enter premises
under section 114A.
20 New
sections 114A and 114B
insert
114A Entry to premises for nuisance
animal
(1) This section applies if a proceeding is begun for an offence under
section 110 (1) (Offence of animal nuisance).
(2) An authorised officer may enter premises where the animal nuisance
exists without a warrant at any reasonable time, or if the occupier consents to
the entry.
(3) An authorised officer may enter premises under subsection (2) with
necessary and reasonable assistance and force.
(4) An authorised officer may, without the occupier’s consent, enter
the premises where the animal nuisance exists to ask for consent to enter the
premises.
(5) A police officer may help an authorised officer in exercising the
authorised officer’s powers under this section if asked by the authorised
officer to do so.
Note Consent to entry to premises for the Act is dealt with by s
132.
114B Powers on entry
An authorised officer who enters premises under section 114A (2) may seize
the animal causing the animal nuisance.
Note The power of entry is not to be exercised unless the authorised
officer first shows the officer’s identity card (see s 125).
21 Consent
to entrySection 132
substitute
132 Consent to entry
(1) This section applies if an authorised officer intends to ask the
occupier of premises to consent to the authorised officer entering the premises
under section 114A (2) (Entry to premises for nuisance animal) or section 128
(1) (Entry of premises—routine inspections).
(2) Before asking for the consent, the authorised officer must tell the
occupier—
(a) the reason for the entry; and
(b) that the occupier is not required to consent.
(3) If the consent is given, the authorised officer may ask the occupier
to sign a written acknowledgment of the consent.
(4) The acknowledgment must state—
(a) that the occupier was told—
(i) the reason for the entry; and
(ii) the occupier is not required to consent; and
(b) that the occupier gives the authorised officer consent to enter the
premises and exercise powers under section 114A (2) or 128 (1);
and
(c) the time and date the consent was given.
(5) A court may presume the occupier did not consent if—
(a) a question arises, in a proceeding in the court, whether the occupier
consented to the authorised officer entering the premises under section 114A (2)
or 128 (1); and
(b) an acknowledgment under this section for the entry is not produced in
evidence; and
(c) it is not proved that the occupier consented to the
entry.
Part
3 Domestic Animals Regulations
2001
22 Regulations
amended—pt 3
This part amends the Domestic Animals Regulations 2001.
substitute
5 Identifying particulars—s
83
(1) A cat is to be identified by—
(a) a microchip implanted beneath the cat’s skin containing a number
by which the name and address of the cat’s owner can be worked out;
or
(b) a tag on the cat’s collar.
(2) A dog is to be identified by a registration tag.
(3) The particulars making up the identification of a cat
are—
(a) the name and address of the cat’s keeper or carer; or
(b) a contact telephone number for the cat’s keeper or
carer.
(4) The particular making up the identification of a dog is its
registration number.
Endnotes
Republications of amended laws
1 For the latest republication of amended laws, see
www.legislation.act.gov.au.
Penalty units
2 The Legislation Act 2001, s 133 deals with the meaning of offence
penalties that are expressed in penalty units.
© Australian Capital Territory
2002
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