2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

2005

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Urban Services)

An Act to amend the Domestic Animals Act 2000, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

This Act is the Domestic Animals (Cat Containment) Amendment Act 2005.

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

This part amends the Domestic Animals Act 2000.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

• s 82 (Cats in breach of cat curfew)

• s 84 (Identification of dogs and cats—requirement).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Note Section 138A deals with the disqualification of a person from keeping an animal.

Note Section 138A deals with the disqualification of a person from keeping an animal.

(1) A cat’s keeper or carer commits an offence if—

(a) the cat is in an area for which a declaration under section 81 is in force; and

(b) the cat is not confined to the premises of a keeper or carer during a time that the declaration is in force.

Maximum penalty: 10 penalty units.

(2) An offence against this section is a strict liability offence.

(3) This section does not apply if the keeper or carer has a reasonable excuse.

(4) In this section:

premises means a completely or partly enclosed space from which a cat cannot escape, and includes the following:

(a) a building or part of a building;

(b) a vehicle;

(c) a cat cage.

(1) A regulation may make provision in relation to the compulsory identification of dogs and cats.

(2) In particular, a regulation may provide for—

(a) how dogs and cats are to be identified; and

(b) the procedures to be followed for the compulsory identification of dogs and cats; and

(c) the people by whom compulsory identification may be carried out and their duties; and

(d) the particulars to be contained in the compulsory identification.

by a registration tag

by an implanted microchip

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(1) A person commits an offence if—

(a) the person keeps a dog or cat; and

(b) the dog or cat is required to be identified by a regulation made for section 83; and

(c) the dog or cat is not identified as required by the regulation.

Maximum penalty: 5 penalty units.

(2) A person commits an offence if—

(a) the person sells a cat; and

(b) the cat, after the sale, is required to be identified by a regulation made for section 83; and

(c) the cat is not identified as required by the regulation.

Maximum penalty: 5 penalty units.

(3) An offence against this section is a strict liability offence.

(1) For this part, an approved provider is—

(a) the Royal Society for the Prevention of Cruelty to Animals; or

(b) an entity approved under subsection (2).

(2) The registrar may approve an entity to provide temporary care for cats seized under this part.

(3) An approval is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) An authorised officer may seize a cat if—

(a) the cat is in an area for which a declaration under section 81 is in force; and

(b) the cat is not confined to the premises of a keeper or carer during a time that the declaration is in force.

(2) An authorised officer may also seize a cat if the officer reasonably believes that—

(a) the cat is required to be identified by a regulation made for section 83; and

(b) the cat is not identified as required by the regulation.

(3) In this section:

premises—see section 82.

(1) An authorised officer must—

(a) arrange for a cat seized under this part to be temporarily cared for by an approved provider; and

(b) make reasonable inquiries to find out who is the keeper of the cat; and

(c) if the authorised officer can find out who is the keeper of the cat—give oral or written notice to the keeper, in accordance with section 88, about the cat’s seizure.

(2) The authorised officer may give the notice by telephone.

Note A fee may be determined under s 144 for this provision.

If a cat is seized under this part, the notice of seizure under section 87 (1) (c) must give information about the following:

(a) when and where the cat was seized;

(b) the reason the cat was seized;

(c) where the cat may be claimed;

(d) if the cat is not identified by a microchip—the implanting of a microchip in the cat for its identification, including the cost of implanting a microchip;

(e) that the cat may be sold or destroyed if it is not claimed;

(f) the period in which the cat may be claimed before it may be sold or destroyed;

(g) that the keeper may relinquish ownership of the cat.

(1) An authorised officer or approved provider who has the care of a cat seized under this part must release the cat to a person claiming its release if, but only if, the officer or provider is satisfied—

(a) the person claiming its release is the keeper of the cat; and

(b) if the cat is required to be identified by a regulation made for section 83—the cat is identified as required by the regulation; and

(c) if the cat was seized because of an offence against this Act—subsection (2) applies to the offence; and

(d) the keeper of the cat has not relinquished ownership under section 91; and

(e) any fee payable under section 144 for the release of the cat has been paid.

(2) This subsection applies to an offence if—

(a) 28 days have passed since the day the offence was committed and—

(i) a prosecution has not been started 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 started within 28 days after the day the offence was committed and—

(i) the prosecution has been discontinued; or

(ii) the keeper has been convicted or found guilty of the offence but is not disqualified by an order under section 138A from keeping the cat.

An authorised officer or approved provider may sell or destroy a cat seized under this part if—

(a) within 7 days after the day of the seizure, the officer or provider cannot find out who is the keeper of the cat after making reasonable inquiries; or

(b) the keeper of the cat relinquishes ownership of the cat under section 91; or

(c) within 7 days after the day notice under section 88 about the seizure was given to the keeper of the cat, the keeper does not tell the officer or provider, in writing, that the keeper wishes to claim the cat.

(1) This section applies to a cat seized under this part.

(2) The keeper of the cat may relinquish ownership of the cat by signed writing given to an authorised officer or approved provider.

(3) An instrument relinquishing ownership of the cat—

(a) takes effect at the end of 3 days beginning on the day the signed instrument is given to the authorised officer or approved provider; and

(b) must contain a statement to the effect of paragraph (a).

(4) After an instrument relinquishing ownership of the cat takes effect, an authorised officer or approved provider—

(a) is not obliged to return the cat to its keeper; and

(b) may sell or destroy the cat.

(5) To remove any doubt, an authorised officer or approved provider must not sell or destroy the cat under this section until the instrument relinquishing ownership of the cat takes effect.

(1) An authorised officer may return a cat seized under this part to its keeper under this section if satisfied that it would be in the public interest to return the cat.

(2) In making a decision under subsection (1), the authorised officer must consider—

(a) the safety of the public; and

(b) the cost of keeping the cat temporarily cared for by an approved provider; and

(c) whether financial or other hardship would be caused to the keeper if the cat were to remain temporarily cared for by an approved provider.

(3) Subsection (2) does not limit the matters the authorised officer may consider.

(4) The authorised officer may return the cat to its keeper on conditions.

(5) If the authorised officer returns the cat to its keeper, the officer may waive all or part of any fee payable by the keeper of the cat under this part if satisfied that not to waive the fee would cause the keeper financial hardship.

(1) The Minister may issue guidelines about the exercise of an authorised officer’s functions under section 92.

(2) An authorised officer must comply with any guidelines under this section.

(3) A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(m) imposing a condition on the return of a seized cat (section 92 (4)); or

Application may be made to the administrative appeals tribunal for a review of a reviewable decision of the registrar or an authorised officer.

(1) If the registrar or an authorised officer makes a reviewable decision in relation to a person, the registrar or authorised officer must give written notice of the decision to the person.

approved provider, for part 4 (Seizing cats and dealing with them)—see section 85.

(ii) section 82 (Cats in breach of cat curfew);

This part amends the Domestic Animals Regulation 2001.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

For example, the signpost definition ‘authorised identifier, for part 4 (Implanting microchips in cats)—see section 10.’ means that the term ‘authorised identifier’ is defined in that section and applies to part 4.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this regulation.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

If the registrar registers a dog, the registrar must record the following information in the register:

(a) the name and address of the keeper of the dog;

(b) if the dog is kept at another address—the address;

(c) the registration number allotted to the dog;

(d) if the dog is an assistance animal—a statement to that effect;

(e) if the dog is a dangerous dog—a statement to that effect.

A registration certificate for a dog must state the following information:

(a) the registration number allotted to the dog;

(b) if the dog is a recognisable breed—the breed;

(c) the colour of the dog;

(d) if the dog is an assistance animal—a statement to that effect;

(e) the name and address of the keeper of the dog;

(f) the day the registration ends.

(1) All dogs must be identified by a registration tag attached to a collar worn by the dog.

(2) The registration tag must include 1 or more of the following identification particulars:

(a) the name and address of the dog’s keeper;

(b) the name and address of the dog’s carer;

(c) a contact telephone number for the dog’s keeper;

(d) a contact telephone number for the dog’s carer;

(e) the dog’s registration number.

(1) A cat must be identified if the cat—

(a) is at least 12 weeks old; or

(b) has been sold.

(2) However, a cat need not be identified if—

(a) the cat is less than 6 months old; and

(b) a veterinary surgeon certified in writing, before the cat was 12 weeks old or first sold (whichever is the earlier), that identification of the cat as required by section 9 would be a serious health risk to the cat.

(1) The cat must be identified by an identifying microchip that—

(a) is implanted in the cat; and

(b) contains a number by which the identification particulars for the cat can be worked out; and

(c) functions properly.

(2) The identification particulars for a cat are 1 or more of the following:

(a) the name and address of the cat’s keeper;

(b) the name and address of the cat’s carer;

(c) a contact telephone number for the cat’s keeper;

(d) a contact telephone number for the cat’s carer.

(3) However, this section does not apply to a cat if—

(a) the keeper or carer of the cat does not live in an area for which a declaration under the Act, section 81 is in force; and

(b) the cat is identified by a tag attached to a collar worn by the cat; and

(c) the tag includes—

(i) the identification particulars for the cat mentioned in subsection (2); or

(ii) a number by which the identification particulars for the cat can be worked out; and

(d) the cat has not been sold since the commencement of this section.

(4) Subsection (3) and this subsection expire on 30 June 2008.

In this part:

authorised identifier means a person who is authorised under section 14 as an identifier of cats.

(1) The Minister may approve a microchip (an identifying microchip) to be used for identifying cats.

(2) An approval is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

(1) A person commits an offence if—

(a) the person implants an identifying microchip in a cat; and

(b) the person is not a veterinary surgeon or authorised identifier.

Maximum penalty: 10 penalty units.

(2) A person commits an offence if—

(a) the person is asked by the keeper or carer of a cat to implant an identifying microchip in the cat; and

(b) the person implants a microchip in the cat; and

(c) the microchip is not an identifying microchip.

Maximum penalty: 10 penalty units.

(3) An offence against subsection (1) or (2) is a strict liability offence.

(4) A person who is not an authorised identifier commits an offence if the person represents himself or herself to be an authorised identifier.

Maximum penalty: 5 penalty units.

(1) A person must follow the following procedure in implanting an identifying microchip in a cat:

(a) scan the cat, before the microchip is implanted, to ensure it does not have a functioning identifying microchip properly implanted;

(b) scan the microchip, immediately before it is implanted—

(i) to ensure the microchip is functioning properly; and

(ii) to check that its scanned number is the number shown on supporting documentation applying to the microchip as the unique identifying number for the microchip;

(c) implant the microchip under the cat’s skin in the dorsum between the scapulae so that the microchip lies at an oblique angle to the plane of the skin;

(d) scan the cat, after the microchip is implanted, to confirm the microchip is properly implanted and is functioning properly.

(2) The Minister may issue guidelines about the procedures to be followed in implanting an identifying microchip in a cat.

(3) A person implanting an identifying microchip in a cat must comply with subsection (1) and the guidelines.

(4) A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(1) A person may apply to the registrar to be an identifier of cats.

(2) The registrar must decide to—

(a) authorise the person to be an identifier of cats; or

(b) refuse to authorise the person to be an identifier of cats.

(3) The registrar must authorise the person to be an identifier of cats if satisfied that the person—

(a) is qualified and competent to be an authorised identifier; and

(b) will comply with the requirements of this part in identifying cats.

(4) The registrar must give the person written notice of the registrar’s decision.

(1) This section applies to a person who is authorised to be an identifier of cats under section 14.

(2) The registrar may, by written notice given to the person, withdraw the person’s authorisation to be an identifier of cats if satisfied that the person—

(a) is not, or is no longer, qualified or competent to be an authorised identifier; or

(b) has been negligent or incompetent in relation to the exercise of the person’s functions as an authorised identifier; or

(c) has failed to comply with a requirement of this part in identifying cats.

(1) In this section:

reviewable decision means a decision—

(a) refusing to authorise a person to be an identifier of cats under section 14; or

(b) withdrawing a person’s authorisation to be an identifier of cats under section 15.

(2) A notice of a reviewable decision under section 14 (4) or section 15 (2) must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).

(3) Application may be made to the administrative appeals tribunal for review of a reviewable decision.

(1) If a person pays a fee under the Act by cheque and the cheque is not met on presentation—

(a) the person is liable for—

(i) any charge imposed by a bank because the cheque is not met; and

(ii) the amount of the cheque; and

(b) the registrar may suspend the benefit paid for by the cheque until the amount for which the person is liable is paid.

(2) The registrar may waive liability under subsection (1) (a) for payment of the bank charge in cases of hardship.

(3) The Minister may issue guidelines about the exercise of the registrar’s function under subsection (2).

(4) The registrar must comply with any guidelines under this section.

(5) A guideline is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

(6) In this section:

benefit means any service under the Act for which a fee is payable, and includes a registration, renewal, licence or permit.

Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

• penalty unit (see s 133)

• person

• veterinary surgeon.

Note 3 Terms used in this regulation have the same meaning that they have in the Domestic Animals Act 2000 (see Legislation Act, s 148.) For example, the following terms are defined in the Domestic Animals Act 2000, dict:

• carer

• keeper

• registrar

• registration tag.

authorised identifier, for part 4 (Implanting microchips in cats)—see section 10.

identifying microchip—see section 11.

Presentation speech made in the Legislative Assembly on 2005.

Notified under the Legislation Act on 2005.

For the latest republication of amended laws, see www.legislation.act.gov.au.