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Cat Management Bill 2009
CLAUSE NOTES
PART 1 - PRELIMINARY
Clause 1 Short Title
Clause 2 Commencement
The Act will commence on a day or days to be proclaimed. This will allow
different sections to be commenced at different times.
No part is expected to be commenced for some months, until Regulations
have been prepared and other necessary steps taken.
In line with previous commitments to phase in the legislation, clause 24 is to
commence in 4 years.
Clause 3 Purpose
Provides a concise statement of the intent of the Bill. This provision is not
formally tied to the administration of the legislation, but indicates clearly its
purpose.
Clause 4 Interpretation
Clause 4 provides interpretation and meanings of specific terminology used in
the Bill. Among the significant definitions are:
"authorised person": covers existing persons authorised to deal with animals
under the Animal Welfare and Dog Control acts, as well as police officers, and
allows for appointments of individuals and prescribing of persons or classes of
persons
"cat management facility": covers council pounds that have appropriate
facilities, and the RSPCA and Hobart Cat Centre facilities. Allows for further
approvals as prescribed (eg. a vet may wish to operate at such a facility, and
other organisations may wish to provide the service)
"desex": in light of the possibility of drug-based regimes in the future, there is
power to prescribe temporary (ie. non-surgical) treatments in future
"microchip" and "microchip implanter": allows the approval by the Secretary of
appropriate devices, and the setting of rules for the training and qualification
of implanters through the Regulations
"owner": ties ownership of a microchipped cat to the information in the
relevant database
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"prohibited area" and "reserved land": underpins clause 18 in particular, and
defines as prohibited areas all important categories of land reserved wholly or
partly for protection of natural values
"sell": defined to cover gifts and other transfers, and to include offering for
sale
PART 2 AUTHORISED PERSONS
Clause 5 Authorised persons
Standard provision for the appointment by the Secretary of authorised
persons, subject to "such conditions as the Secretary determines".
It is expected that most authorised persons will be in existing categories
(police, people authorised under other Acts), but this allows the appointment,
for instance, of selected cat management facility staff.
The conditions provision will allow for differing functions and powers as
appropriate (eg. not all authorised persons would have powers to issue
infringement notices or to seize documents, etc).
Clause 6 Identification cards
Standard provisions to ensure cards are issued and to be carried and
produced on reasonable request. Subclause (2) allows other cards (such as
for Local Government animal control officers) to be endorsed for this purpose.
Clause 7 Powers of authorised persons
This clause is intended to provide the normal powers necessary to investigate
offences under the legislation. As noted (clause 5 above) conditions of
appointment may vary the application of particular powers to particular
authorised persons, or classes of persons.
(Note that in (g) desex is included as a contingency, in case future drug
treatments make this possible, although there is no current allowance for
anyone but a vet to desex a cat.)
Clause 8 Entry into premises
Provides for application to a magistrate or justice for a warrant, with standard
provisions.
Clause 9 Impersonating authorised persons
A standard offence to protect the public from impersonation of authorised
persons.
Clause 10 Hindering authorised persons, &c.
A standard provision to protect authorised persons in the exercise of their
functions under the legislation.
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Clause 11 Protection from liability
A standard protection from personal liability in relation to acts "done ... in good
faith" in the course of exercising powers and functions under the legislation.
PART 3 MICROCHIPPING AND DESEXING OF CATS
Clause 12 Microchipping of cats
Provides (1) that an owner of a cat more than 6 months old is to ensure its
implantation with a microchip (which may be done by earlier implantation). A
vet (2) may issue a certificate that provides exemption from this provision.
The microchip implanter is responsible (3) for ensuring the prescribed details
are entered into the relevant database. The Regulations will cover all aspects
of microchipping.
Subclause (4) supports the use only of microchips as defined (clause 4
above), which means inadequate devices may not be used.
Clause 13 Interference with microchips
Provides an offence for removal or interference with a microchip.
Clause 14 Desexing of cats
Provides (1) that an owner of a cat more than 6 months old is to ensure its
desexing (which may be done earlier).
Under (2), a vet may issue a certificate that provides exemption from this
provision. In addition, it does not apply to cats owned by registered breeders
for the purpose of breeding; there is the ability to prescribe other exceptions
as necessary.
Desexed cats are to be identified (3) as prescribed (eg. by ear tattoos etc).
This is supported by a penalty (4) for false use of such identifications.
Clause 15 Sale, &c., of cats
Under (1), provides for the key conditions applying to the sale (as defined
above) of cats. Subject to appropriate qualifications, cats are to be more than
8 weeks old, microchipped, desexed and properly identified as such, and to
meet prescribed health checks. The latter are expected to include standard
vaccinations and worming.
A general exception allows for the operation of foster programs by cat
management facilities and others, and provides for other exceptions as
prescribed.
Clause 16 Care agreements
These agreements are already common, but are formalised here. The
common case includes the use of a desexing voucher system operating in
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some cat management facilities. An agreement, usually accompanied by a
deposit on the veterinary costs, is a pledge for the procedure being carried
out.
The clause includes penalties under (5) and (6) for the non-fulfilment of care
agreements.
PART 4 MANAGEMENT OF CATS
Clause 17 Protection of property from cats
This clause provides for private landowners or persons acting on their behalf
to "trap, seize or humanely destroy" cats on their land, under certain
circumstances.
Under (1) land used for farming relating to livestock is covered, and the words
"a person carrying on primary production relating to livestock on rural land" are
identical to those under the Dog Control Act. Under (2), remote land (more
than 1 km from a house) is similarly covered, as in South Australia. There is
provision to prescribe other appropriate circumstances.
Under (3), a trapped cat may be either returned to its owner or taken to a cat
management facility.
Clause 18 Cats in prohibited areas
This clause relates back to the definition of "prohibited area" in clause 4. It
defines under (1) "cat management actions". Again, this covers mainly
humane destruction, trapping, seizing and detaining. (It includes also returning
a desexed cat, to allow for the technique known as "trap, neuter and release".
Although this is not current practice in Tasmania, it is emerging as an alternate
management approach, particularly in the management of small isolated feral
cat populations.)
The provisions allowing authorised persons and "responsible persons" to take
"cat management actions" are intended to cover all reasonable eventualities,
in terms of the management of public and private land that falls under the
definition of "prohibited area".
Clause 19 Declaration of prohibited areas
This clause allows councils to declare additional land to be prohibited. Such
land can only be land that the council owns or manages. It provides also that
such a declaration is to be made only after public notice (see also clause 21).
Clause 20 Declaration of cat management areas
This clause allows councils to declare land to be "cat management areas".
Unlike clause 19, this might apply to whole geographical areas, suburbs etc.
This is specifically to accommodate local initiatives, such as those involving
community groups in funded projects of local cat control. Councils may also
wish, for example, to trial or establish local curfews.
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It provides also that such a declaration is to be made only after public notice
(see also clause 21).
Clause 21 Council declarations
This clause provides that before it makes a declaration under clauses 19 or
20, a council must give notice of its intention to do so. It must also allow 15
days for submissions to be made, which it is to consider. This process is
similar to that used to declare areas under the Dog Control Act.
PART 5 SEIZED, UNCLAIMED AND SURRENDERED CATS
Clause 22 Scanning of cats at cat management facilities
Part 5 relates mainly to the powers and activities of cat management facilities.
This clause provides that as far as practicable, cats entering a cat
management facility are to be scanned. Necessary exceptions are provided,
as some cats (feral cats and some strays in particular) may be very difficult to
scan. "Scan" is defined in clause 4.
Clause 23 Notification where owner identified
This clause provides for the nature of the information to be provided to owners
when an owner is identifiable. That information is to include the possible
consequences of not reclaiming the cat within a specified period (see also
clause 25), which may include the cat's re-homing or humane destruction.
The owner is also to be notified that he or she may be responsible for certain
costs. The nature of these may vary before and after the commencement of
clause 24.
Clause 24 Reclaiming cats
As noted above, this provision is expected to commence 4 years after the Act
first commences (ie. probably in July 2014). It provides that after that date, a
cat may not be reclaimed unless it is desexed and microchipped. This will
reinforce the strongly directive provisions of clauses 12 and 14.
Note that owners are to be contacted before these procedures are undertaken
(see also comments under clause 34, Costs, below). Under (4), the necessary
exceptions are provided, but otherwise it will become an offence to reclaim a
cat that has not been desexed or microchipped, or is not subject to a care
agreement to do so.
Clause 25 Unidentified, unclaimed and surrendered cats
This is another key provision that sets minimum holding times before a cat
may be re-homed, offered for sale, or humanely destroyed. The periods are
the same as for non-identifiable and identifiable dogs under the Dog Control
Act.
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For a cat that is not microchipped (1), if the owner cannot be found, or suitable
arrangements are not made, the minimum is 3 working days. For a
microchipped cat (2), it is 5 working days.
Under (3), a cat management facility has discretion to make an immediate
decision on how to deal with a surrendered cat or a stray that comes into its
possession.
Clause 26 Destruction of cats at cat management facilities
This clause reinforces 25(3), and provides a specific power to cat
management facilities to destroy cats that they "reasonably believe" to be
dangerous; or that are not microchipped and are unfit for re-homing, or cannot
be accommodated.
Such decisions are made reluctantly by cat management facilities but are at
times necessary. Note that the euthanasia of cats in cat management facilities
is carried out by vets. (Provision for the "operator" to do so is in case a vet has
become the operator of an approved cat management facility, or if a cat
management facility has a vet on staff.)
PART 6 DESTRUCTION OF CATS
Clause 27 Destruction of cats
Under (1), it is an offence to destroy a cat except in accordance with this or
another Act. Again, this emphasises the continued application of Animal
Welfare and other relevant legislation.
Under (2), an authorised person has power to destroy (or cause to be
destroyed) a feral cat, or one that appears dangerously aggressive.
Clause 28 Humane destruction of cats
Provides specific rules for destruction of cats.
Subclause (1) specifies that cats to be destroyed are not to be held any longer
than necessary. Under (2), the killing is to be as quick and painless as
possible.
The provisions in (2)(b) and (3) are to ensure cat remains are disposed of
hygienically and without causing unnecessary offence. (2)(b) uses terms
("buried, burned ... a reasonable time") identical to those in s.55 of the Animal
Health Act 1995. (3) prevents public display; prescribed exceptions could
cover, for example, taxidermist's work.
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PART 7 BREEDIING OF CATS
Clause 29 Restriction on breeding of cats
This is a core provision, in providing (1) that the breeding of cats otherwise
than by a registered breeder is an offence, with a significant potential penalty.
The additional penalty under (2) is to ensure, if necessary, that future offences
are precluded.
Clause 30 Registration of cat breeders
The expectation is that most registered breeders will be members of the
existing cat organisations, which have standards that members comply with.
However, they will not be specified under (1) until the Secretary is satisfied
that membership ensures that appropriate standards are met.
Subclauses (2) (5) provide for a process of registration outside the cat
organisations. The Department will administer this register. The processes are
as simple as is compatible with providing normal good administrative practice.
It is important to note that clause 34 applies to all decisions of the Secretary
under this Part, so aggrieved persons have access to redress in the
Magistrates Court (Administrative Appeals Division).
The mechanism of a "registered breeder number" was suggested by a
representative stakeholder organisation. As well as being issued to persons
registered directly by the Secretary, organisations may be provided with
numbers to issue to members. The procedures will be worked through in the
implementation process.
The offence under (7) provides some protection against attempts to
circumvent clauses 29 and 30.
Clause 31 Cancellation or suspension of registration
The detail is generally standard, to ensure good processes and that natural
justice is complied with. Under (1), the Secretary is able to act on broad public
interest grounds (d) or for any prescribed matter (e). These issues will be
further discussed in the implementation phase.
Clause 32 Surrender of registration
Allows in the simplest terms for a surrender of a registration.
Clause 33 Review of decisions
As noted above, this ensures that registered breeders (or applicants to be so)
have access to appropriate grievance procedures.
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PART 8 MISCELLANEOUS
Clause 34 Costs
This clause allows costs incurred in holding and looking after a cat to be
recovered from the owner. It is expected to apply mainly to cat management
facilities, but could be used by councils and authorised persons.
The provision of (2)(b) is to be read in conjunction with clause 24, where it is
clear that major costs (like desexing) are not to be incurred before the owner
is informed. Under clause 24(4)(d) the owner may enter into a care
agreement. Otherwise, "must be paid" can include entering into an
arrangement to pay and does not necessarily mean "in whole, up-front".
Clause 35 Misrepresentation as cat management facility
A simple protection of the public and legitimate cat management facilities
against false representations to be acting as or for such a facility.
Clause 36 Surrender, &c., of cats to cat management facility
It is important to allow people to surrender cats when appropriate. The cat
management facilities have requested that they may be able to charge a small
fee, though the provision gives them discretion as to whether they do so.
It is also necessary to ensure that someone who has possession of a cat may
surrender it. Many strays, especially kittens, are so surrendered, and such
action is not to be discouraged by fees. (Rural landowners and authorised
persons are already covered under clauses 17(3) and 18(5).)
Clause 37 Cats not to be abandoned
This provision makes it a specific offence to abandon a cat. It thus
supplements the general provision on abandoning domestic animals in the
Animal Welfare Act 1993, at s.8(2)(f) & 8(3). (The exception is in case "trap,
neuter, release" see reference under clause 18 above is ever trialled, as
strictly that would constitute "abandoning".)
Clause 38 Cats not to be offered as prizes
The minor offence of offering a cat as a prize is created to help ensure people
do not find themselves burdened, inadvertently and unprepared, with the
responsibilities of cat ownership.
Clause 39 Infringement notices
This is essentially the standard provisions to allow the use of infringement
notices. As defined in (1), it will be necessary to prescribe the relevant
offences in the Regulations.
Provision is made for council officers to issue such notices in (7)(a), but
council officers will not become involved at this level except by voluntary
decision of the council concerned.
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Clause 40 Compensation not payable
The owner of a cat that is dealt with "in accordance with this Act" will have no
right to compensation.
Clause 41 Delegation
A standard delegation provision. As necessary or appropriate, delegations
may be provided to persons outside the Department, including in councils.
Clause 42 Relationship with other legislation
Under (1), this Bill specifically prevails over the standard holding periods for
animals under the Local Government Act 1993, which are designed for farm
stock and otherwise require councils to hold cats for unnecessarily long
periods. This provision is similar to what also happens for dogs.
It is also stated (2) that the Bill does not derogate from other legislation.
Important examples are the Animal Welfare and Firearms Acts.
Clause 43 Council may make by-laws
This provision clarifies the ability of councils to make by-laws on cats. At least
one council has sought advice on doing this and there are doubts as to the
applicability of the general powers under the Local Government Act 1993. This
removes that doubt, and has been welcomed by the LGAT.
Clause 44 Notices not statutory rule
A technical provision. Notices under this legislation would be few (under
clause 30) and not of the sort to be appropriately considered subordinate
legislation.
Clause 45 Regulations
It is intended that the Regulations will contain much of the detail necessary for
implementation. The general power in (1) is complemented by specific
indications in (2) of the matters expected to be covered in the Regulations,
although this is not intended to be comprehensive. They include:
· The "requirements, practices and procedures" relating to
microchipping, and to cover the training of implanters, the types of
devices and rules for access to database information (ie. to ensure
those scanning can find relevant information): (b) (e). There are
comprehensive provisions in other States, especially Victoria, and it is
expected that the relevant provisions will largely be taken from such
sources.
· Requirements, practices and obligations relating to breeders: (f) & (i)
· Provisions for the approval of additional cat management facilities, and
relevant conditions: (g) & (h)
· Any further requirement or practices relating to the humane destruction
of cats: (j)
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Under (5) and (6) it will be possible to adopt codes and standards; these may
include, for example, standards for implanters developed in Victoria, etc.
Under (7), the Regulations will also cover savings and transitional matters.
Clause 46 Administration of Act
The Bill will be assigned to the Minister for Primary Industries and Water; the
responsible Department will be the Department of Primary Industries, Parks,
Water and Environment.
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