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PRIMARY INDUSTRIES ACTS (FURTHER AMENDMENT) BILL 2005

                 PARLIAMENT OF VICTORIA

Primary Industries Acts (Further Amendment) Act
                      2005
                                 Act No.


                      TABLE OF PROVISIONS
Clause                                                               Page

PART 1--PRELIMINARY MATTERS                                               1
  1.     Purposes                                                         1
  2.     Commencement                                                     2

PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994                                                3
  3.     Definitions                                                      3
  4.     Penalty for failure to declare restricted breed dog              3
  5.     Insertion of sections 10A and 10B                                3
         10A. Council may refuse to register dogs and cats unless
                  desexed                                                 3
         10B. Dogs and cats that are exempt from desexing                 4
  6.     Insertion of new section 10C                                     5
         10C. Council must not register or renew registration of
                  certain dogs unless permanently identified              5
  7.     Substitution of section 10C and insertion of section 10D         6
         10C. Refusal of registration of dogs and cats unless
                  permanently identified                                   6
         10D. Dogs and cats that are exempt from permanent
                  identification                                          7
  8.     Insertion of section 12A and substitution of section 13          8
         12A. Dogs and cats must be permanently identified before sale
                  or being given away                                      8
         13.      Notification of sale by domestic animal business         9
  9.     Application for registration or renewal of registration           9
  10.    Registration fees                                                10
  11.    Substitution of section 16                                       11
         16.      Registration of dogs and cats other than dangerous or
                  restricted breed dogs                                   11




                                     i
551342B.I1-7/9/2005                          BILL LA INTRODUCTION 7/9/2005

 


 

Clause Page 12. Registration of dangerous and restricted breed dogs 12 13. Cats found at large 13 14. Insertion of section 33A 13 33A. Council animal shelters and pounds must accept surrendered animals 13 15. Insertion of section 41EA 14 41EA. Prohibition on keeping a restricted breed dog 14 16. Repeal of Division heading 14 17. Substitution of section 58 14 58. Revocation or suspension of registration of animal shelter or pound by Minister 14 18. Insertion of heading to Division 3A of Part 4 15 19. Substitution of section 63A 15 63A. Non-compliance with Code of Practice an offence 15 20. Insertion of Part 5A 17 PART 5A--DOMESTIC ANIMAL MANAGEMENT PLANS 17 68A. Councils to prepare domestic animal management plans 17 21. Seizure of dogs and cats 19 22. New offences prescribed for infringement notices 22 23. New penalty for giving false information 22 24. Regulations 23 25. Amendments to Schedule 23 PART 3--AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 24 26. Definition 24 27. Amendments to cruelty offences 24 28. Serious offences 25 29. Permits to operate rodeos or rodeo schools 25 30. References to owner or person in charge 27 31. Taking of samples of animals and things 27 32. Additional search warrant power 28 33. Insertion of sections 21CA and 21CB 29 21CA. Disposal of seized abandoned animal 29 21CB. Certain sale and destruction provisions to apply to animals seized under section 21A 31 34. Substitution of section 24A 31 24A. Minister may authorise seizure of animals 31 35. Substitution of section 24H 33 24H. Retention, return and disposal of seized animal 33 ii 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Clause Page 36. Insertion of new section 24IA 34 24IA. Certain sale and destruction provisions to apply to animals seized under section 24E 34 37. Notice to comply 34 ENDNOTES 35 iii 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Domestic (Feral and Nuisance) Animals Act 1994 and the Prevention of Cruelty to Animals Act 1986 and for other purposes. Primary Industries Acts (Further Amendment) Act 2005 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY MATTERS 1. Purposes The main purposes of this Act are-- (a) to amend the Domestic (Feral and Nuisance) Animals Act 1994-- 5 1 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 1--Preliminary Matters s. 2 (i) to provide for the desexing and the permanent identification of dogs and cats; and (ii) to prohibit the keeping of restricted breed dogs; and 5 (iii) to prohibit the sale of dogs and cats unless they are permanently identified; and (iv) to require Councils to prepare domestic animal management plans; and 10 (v) to generally improve the administration and enforcement provisions of that Act; and (b) to amend the Prevention of Cruelty to Animals Act 1986-- 15 (i) to amend the provisions relating to the issue of permits for rodeos and rodeo schools; and (ii) to generally improve the administration and enforcement provisions of that Act. 20 2. Commencement (1) This Act (except sections 6, 7, 8, 9(2), 21(6), 22, 24 and 29) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 7 comes into operation on 1 May 2007. 25 (3) Subject to sub-section (4), sections 6, 8, 9(2), 21(6), 22, 24 and 29 come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does not come into operation before 1 July 2006, it 30 comes into operation on that day. __________________ 2 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 3 1994 See: PART 2--AMENDMENTS TO THE DOMESTIC (FERAL AND Act No. NUISANCE) ANIMALS ACT 1994 81/1994. Reprint No. 2 as at 3. Definitions 1 November 2002 In section 3(1) of the Domestic (Feral and and Nuisance) Animals Act 1994, in the definitions 5 amending Act Nos of "domestic animal business" and "pound", for 56/2003, "dogs and cats" substitute "dogs or cats". 103/2003, 69/2004, 4. Penalty for failure to declare restricted breed dog 82/2004, 108/2004 and 50/2005. For the penalty at the foot of section 10(3) of the LawToday: Domestic (Feral and Nuisance) Animals Act 10 www.dms. dpc.vic. 1994 substitute-- gov.au "Penalty: 10 penalty units.". 5. Insertion of sections 10A and 10B After section 10 of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- 15 "10A. Council may refuse to register dogs and cats unless desexed (1) A Council may resolve that it will not, after a specified future date, register or renew the registration of a dog or cat unless the dog or 20 cat-- (a) is desexed; or (b) is exempted under this Act from any requirement to be desexed. (2) A Council may resolve to amend or revoke 25 any resolution made under this section. 3 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 5 1994 (3) If a Council makes a resolution under this section-- (a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating 5 in the municipal district of the Council; and (b) it must give effect to the resolution. (4) A Council must not register or renew the registration of a dangerous dog or a restricted 10 breed dog unless the dog-- (a) is desexed; or (b) is exempt under section 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed. 15 10B. Dogs and cats that are exempt from desexing (1) The following dogs and cats do not have to be desexed to be registered or to have their registration renewed by a Council-- 20 (a) a dog or cat that is owned by a person or body that conducts a domestic animal business under which dogs or cats are bred and the dog or cat is used for breeding purposes in connection 25 with that business; (b) a dog or cat that is owned by a person who is a current member of an applicable organisation and the animal is registered with that organisation; 30 (c) a dangerous dog that is kept as a guard dog for non-residential premises; 4 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 6 1994 (d) a dangerous dog that has undergone protection training in accordance with any relevant Code of Practice made under section 59; (e) a dog or cat that is the subject of 5 written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is desexed; (f) a dog or cat that is of a class of dog or cat that is exempt under a resolution 10 made under section 10A from a requirement to be desexed. (2) A Council may, in any resolution made under section 10A, exempt a class of dog or cat from any requirement to be desexed for 15 the purposes of registration or the renewal of registration. (3) Sub-section (2) does not apply to a dangerous dog or a restricted breed dog.". 6. Insertion of new section 10C 20 After section 10B of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- "10C. Council must not register or renew registration of certain dogs unless permanently identified 25 A Council must not register or renew the registration of a dangerous dog, a menacing dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device.". 30 5 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 7 1994 7. Substitution of section 10C and insertion of section 10D For section 10C of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "10C. Refusal of registration of dogs and cats 5 unless permanently identified (1) A Council must not register a dog or cat unless the dog or cat-- (a) has been implanted with a prescribed permanent identification device; or 10 (b) is of a class of dog or cat that is exempt, under a resolution made under section 10D(3), from the requirement to be implanted with such a device; or (c) is otherwise exempted under this Act 15 from the requirement to be implanted with such a device; or (d) subject to sub-section (2), has previously been registered with that Council at any time in the 12 month 20 period immediately before the application for registration was lodged. (2) Sub-section (1)(d) does not apply if a resolution of the Council under sub-section (3) is in effect under which dogs 25 or cats of the same class as the dog or cat are required to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration. (3) A Council may resolve that it will not, after a 30 specified future date, renew the registration of any dog or cat unless the dog or cat-- (a) has been implanted with a prescribed permanent identification device; or 6 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 7 1994 (b) is exempted under this Act from any requirement to be implanted with such a device. (4) A Council may resolve to amend or revoke any resolution made under this section. 5 (5) If a Council makes a resolution under this section-- (a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating 10 in the municipal district of the Council; and (b) it must give effect to the resolution. (6) A Council must not register or renew the registration of a dangerous dog, a menacing 15 dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device. 10D. Dogs and cats that are exempt from permanent identification 20 (1) This section does not apply to a dangerous dog, a menacing dog or a restricted breed dog. (2) A dog or cat that is the subject of written veterinary advice that the health of the dog 25 or cat is liable to be significantly prejudiced if it is implanted with a prescribed permanent identification device is exempt from any requirement to be so implanted for the purposes of registration or the renewal of 30 registration. 7 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 8 1994 (3) A Council may resolve that a class of dog or cat is exempted from any requirement to be implanted with a prescribed permanent identification device for the purposes of registration. 5 (4) A Council may, in any resolution made under section 10C, exempt a class of dog or cat from any requirement to be implanted with a prescribed permanent identification device for the purposes of the renewal of 10 registration. (5) A Council may resolve to amend or revoke any resolution made under this section. (6) If a Council makes a resolution under this section-- 15 (a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and 20 (b) it must give effect to the resolution.". 8. Insertion of section 12A and substitution of section 13 For section 13 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- 25 "12A. Dogs and cats must be permanently identified before sale or being given away The proprietor of a domestic animal business must not sell, or give away, a dog or cat unless the dog or cat has been implanted 30 with a prescribed permanent identification device. Penalty: 10 penalty units. 8 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 9 1994 13. Notification of sale by domestic animal business If the proprietor of a domestic animal business sells, or gives away, a dog or cat which is not registered, he or she must notify 5 the Council with which the animal should be registered, within 7 days after the sale or the giving away of the animal, of-- (a) the sale, or the giving away of the animal; and 10 (b) a description of the animal; and (c) the name and address of the new owner of the animal; and (d) the unique number of the microchip contained in the prescribed permanent 15 identification device implanted in the animal. Penalty: 3 penalty units.". 9. Application for registration or renewal of registration 20 (1) For section 14(c) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "(c) be accompanied by-- (i) the relevant fee fixed by the Council; and 25 (ii) if relevant, evidence in a form required by the Council that the dog or cat is desexed.". 9 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 10 1994 (2) In section 14(c) of the Domestic (Feral and Nuisance) Animals Act 1994-- (a) in sub-paragraph (ii), for "desexed." substitute "desexed; and"; (b) after sub-paragraph (ii) insert-- 5 "(iii) if relevant, evidence in a form required by the Council that the dog or cat is implanted with a prescribed permanent identification device.". 10. Registration fees 10 (1) For section 15(4) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "(4) A scheme of registration fees in respect of dogs or cats must apply the following principles-- 15 (a) the maximum fee is to be payable in respect of a class of dog described in Column 1 of Part 1 of the Schedule or a class of cat described in Column 1 of Part 2 of the Schedule; 20 (b) the reduced fee is to be payable in respect of a class of dog described in Column 2 of Part 1 of the Schedule or a class of cat described in Column 2 of Part 2 of the Schedule; 25 (c) in the case of a dangerous dog (that is not of a class of dangerous dog referred to in paragraph (d)), a menacing dog or a restricted breed dog, the fee payable must be no less than the amount of the 30 maximum fee for a dog under paragraph (a); 10 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 11 1994 (d) the fee payable in respect of a dangerous dog in any of the following classes is to be the same amount as the maximum fee for a dog under paragraph (a)-- 5 (i) a dangerous dog that is kept as a guard dog for non-residential premises; or (ii) a dangerous dog that has undergone protection training in 10 accordance with any relevant Code of Practice made under section 59.". (2) For section 15(7) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- 15 "(7) Sub-section (6) does not apply to a dangerous dog, a menacing dog or a restricted breed dog.". 11. Substitution of section 16 For section 16 of the Domestic (Feral and 20 Nuisance) Animals Act 1994 substitute-- "16. Registration of dogs and cats other than dangerous or restricted breed dogs A Council must register or renew the registration of a dog or cat (other than a 25 dangerous dog or a restricted breed dog) that is required to be registered under this Act if-- (a) the application for registration or renewal of the registration is 30 accompanied by the appropriate fee and otherwise complies with this Act and the regulations; and 11 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 12 1994 (b) any pre-condition for registration or the renewal of registration imposed by or under this Act in respect of the cat or dog has been met.". 12. Registration of dangerous and restricted breed dogs 5 (1) Insert the following heading to section 17 of the Domestic (Feral and Nuisance) Animals Act 1994-- "Registration of dangerous and restricted breed dogs". 10 (2) In section 17(1) of the Domestic (Feral and Nuisance) Animals Act 1994 omit "or a restricted breed dog". (3) After section 17(1) of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- 15 "(1A) A Council must not register a restricted breed dog unless the Council is satisfied-- (a) that the dog was in Victoria immediately before the commencement of section 12 of the Primary 20 Industries Acts (Further Amendment) Act 2005; and (b) that the owner reasonably held the opinion, at that commencement, that the dog was not a restricted breed dog. 25 (1B) A Council may renew the registration of a restricted breed dog. (1C) A Council may impose conditions on the registration or the renewal of the registration of a dog under sub-section (1A) or (1B).". 30 12 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 13 1994 (4) In section 17(2) of the Domestic (Feral and Nuisance) Animals Act 1994, after "proposes" insert "to exercise a discretion". 13. Cats found at large In section 25(1) of the Domestic (Feral and 5 Nuisance) Animals Act 1994, after "municipal district" insert "or a specified part of a municipal district". 14. Insertion of section 33A After section 33 of the Domestic (Feral and 10 Nuisance) Animals Act 1994 insert-- "33A. Council animal shelters and pounds must accept surrendered animals (1) A Council of a municipal district must accept any dog or cat kept in that municipal district 15 which is given to the Council by the owner of the animal because the owner is no longer willing or able to care for that animal. (2) On the Council taking possession of a dog or cat under sub-section (1)-- 20 (a) ownership in the dog or cat passes from the owner to the Council; and (b) the Council must deal with the dog or cat in accordance with this Act, the regulations and any relevant Code of 25 Practice made under section 59.". 13 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 15 1994 15. Insertion of section 41EA Before section 41F of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- "41EA. Prohibition on keeping a restricted breed dog 5 A person must not keep a restricted breed dog unless the person acquired the dog before the commencement of section 15 of the Primary Industries Acts (Further Amendment) Act 2005. 10 Penalty: 10 penalty units.". 16. Repeal of Division heading The heading to Division 3A of Part 4 of the Domestic (Feral and Nuisance) Animals Act 1994 is repealed. 15 17. Substitution of section 58 For section 58 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "58. Revocation or suspension of registration of animal shelter or pound by Minister 20 (1) This section applies to premises-- (a) on which a Council is conducting an animal shelter or pound; or (b) from which any person or body provides animal shelter or pound 25 services to a Council under an agreement with that Council under section 81. 14 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 18 1994 (2) The Minister may at any time suspend or revoke the registration of the premises if the Minister is satisfied that-- (a) the Council or the person or body (as the case may be) has failed to comply 5 with this Act, the regulations, any Code of Practice made under section 59 applying to the business, or any terms, conditions, limitations or restrictions on the registration; or 10 (b) the Council or the person or body (as the case may be) has been found guilty of an offence under the Prevention of Cruelty to Animals Act 1986.". 18. Insertion of heading to Division 3A of Part 4 15 Insert the following heading after section 58 of the Domestic (Feral and Nuisance) Animals Act 1994-- "Division 3A--Registration of Business Conducted by Council". 20 19. Substitution of section 63A For section 63A of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "63A. Non-compliance with Code of Practice an offence 25 (1) A person or body must not conduct a domestic animal business that does not comply with the relevant Code of Practice made under section 59. Penalty: 10 penalty units. 30 15 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 19 1994 (2) A Council is deemed to have contravened sub-section (1), and is separately liable for the penalty that applies to such a contravention, if-- (a) a person or body conducts all or part of 5 a domestic animal business on behalf of the Council under an agreement under section 81; and (b) the person or body has contravened sub-section (1) in the conduct of that 10 business; and (c) the Council, or any member of its staff who was responsible at the relevant time for overseeing the agreement or the conduct of the business, was aware, 15 or ought to have been aware, that the contravention-- (i) was about to occur; or (ii) in the case of an ongoing contravention, was occurring. 20 (3) If a body, being a partnership or an unincorporated body, contravenes sub- section (1), each reference to the body in this section is to be construed as a reference to each member of the partnership, or of the 25 committee of management of the unincorporated body (as the case may be).". 16 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 20 1994 20. Insertion of Part 5A After Part 5 of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- "PART 5A--DOMESTIC ANIMAL MANAGEMENT PLANS 5 68A. Councils to prepare domestic animal management plans (1) Every Council must, in consultation with the Secretary, prepare at 3 year intervals a domestic animal management plan. 10 (2) A domestic animal management plan prepared by a Council must-- (a) set out a method for evaluating whether the animal control services provided by the Council in its municipal district are 15 adequate to give effect to the requirements of this Act and the regulations; and (b) outline programs for the training of authorised officers to ensure that they 20 can properly administer and enforce the requirements of this Act in the Council's municipal district; and (c) outline programs, services and strategies which the Council intends to 25 pursue in its municipal district-- (i) to promote and encourage the responsible ownership of dogs and cats; and (ii) to ensure that people comply with 30 this Act, the regulations and any related legislation; and 17 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 20 1994 (iii) to minimise the risk of attacks by dogs on people and animals; and (iv) to address any over-population and high euthanasia rates for dogs and cats; and 5 (v) to encourage the registration and identification of dogs and cats; and (vi) to minimise the potential for dogs and cats to create a nuisance; and 10 (vii) to effectively identify all dangerous dogs, menacing dogs and restricted breed dogs in that district and to ensure that those dogs are kept in compliance with 15 this Act and the regulations; and (d) provide for the review of existing orders made under this Act and local laws that relate to the Council's municipal district with a view to 20 determining whether further orders or local laws dealing with the management of dogs and cats in the municipal district are desirable; and (e) provide for the review of any other 25 matters related to the management of dogs and cats in the Council's municipal district that it thinks necessary; and (f) provide for the periodic evaluation of 30 any program, service, strategy or review outlined under the plan. 18 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 21 1994 (3) Every Council must-- (a) review its domestic animal management plan annually and, if appropriate, amend the plan; and (b) provide the Secretary with a copy of the 5 plan and any amendments to the plan; and (c) publish an evaluation of its implementation of the plan in its annual report.". 10 21. Seizure of dogs and cats (1) For sections 77(1)(a) and 77(1)(b) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "(a) if the owner of the dog has not applied to 15 register the dog within 1 month after-- (i) being found guilty of an offence of not having applied to register the dog; or (ii) being served with an infringement notice in respect of that offence which 20 has not been withdrawn in accordance with section 87 and in respect of which the owner has paid the penalty in accordance with section 89; or (b) if-- 25 (i) the dog is a dangerous dog or a restricted breed dog that may be registered, or have its registration renewed, under this Act, the Council has made a decision to refuse to register 30 or renew the registration of the dog and any review of that decision has failed or the owner has not applied for a review of that decision within the time fixed under section 98(2A); or 35 19 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 21 1994 (ii) the dog is a restricted breed dog that cannot be registered under this Act; or". (2) For section 77(2) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "(2) An authorised officer of a Council may seize 5 a cat which is in the municipal district of that Council if the owner of the cat has not applied to register the cat within one month after-- (a) being found guilty of an offence of not 10 having applied to register the cat; or (b) being served with an infringement notice in respect of that offence which has not been withdrawn in accordance with section 87 and in respect of which 15 the owner has paid the penalty in accordance with section 89.". (3) After section 77(2) of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- "(2A) An authorised officer of a Council may seize 20 an unregistered dog or cat that is in the municipal district of the Council if the Council is unable, under this Act, to register or renew the registration of the dog or the cat.". 25 (4) For section 77(3A) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "(3A) A cat may be seized by an authorised officer or any other person if-- (a) it is found outside the owner's premises 30 without current identification that has been issued by a Council; and (b) it appears to be over 3 months old.". 20 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 21 1994 (5) After section 79(2) of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- "(3) A person may recover a dog or cat that has been seized under section 77(2A) if, within 8 days after the seizure of the animal, he or 5 she-- (a) in the case of an animal that does not comply with a requirement to be desexed for the purposes of registration or the renewal of registration, arranges 10 for the animal to be desexed while the animal is in the possession of the Council; and (b) applies to register the animal; and (c) pays the amount fixed by the Council 15 for the costs and expenses incurred by the Council in seizing the animal and holding the animal until its recovery; and (d) proves to the satisfaction of the Council 20 that he or she is the owner of the animal or is an agent acting on behalf of that owner.". (6) After section 79(3)(a) of the Domestic (Feral and Nuisance) Animals Act 1994 insert-- 25 "(aa) in the case of an animal that does not comply with a requirement to be implanted with a prescribed permanent identification device for the purposes of registration or the renewal of registration, arranges for the 30 animal to be so implanted while the animal is in the possession of the Council; and". Note: This sub-section comes into operation on a later date than the date that all the other provisions in this 35 section come into operation. 21 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 22 1994 (7) In section 80(1) of the Domestic (Feral and Nuisance) Animals Act 1994-- (a) after "77(2)," insert "77(2A),"; (b) in paragraph (a), for "section 79(1)" substitute "section 79"; 5 (c) in paragraph (b), for "may destroy it" substitute "must destroy it as soon as possible after the expiry of that 8 day period"; (d) in paragraph (c), for "may sell or destroy it" 10 substitute "must sell or destroy it as soon as possible after the expiry of that 8 day period in accordance with any relevant Code of Practice made under section 59". 22. New offences prescribed for infringement notices 15 (1) In section 85(1) of the Domestic (Feral and Nuisance) Animals Act 1994-- (a) after "section 10," insert "12A,"; (b) after "41E," insert "41EA,". (2) In section 85(1A) of the Domestic (Feral and 20 Nuisance) Animals Act 1994-- (a) after "section 10," insert "12A,"; (b) after "41E" insert ", 41EA". 23. New penalty for giving false information For the penalty at the foot of section 97 of the 25 Domestic (Feral and Nuisance) Animals Act 1994 substitute-- "Penalty: 10 penalty units, in the case of information relating to a declaration under section 10(3); 30 5 penalty units, in any other case.". 22 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 2--Amendments to the Domestic (Feral and Nuisance) Animals Act s. 24 1994 24. Regulations In section 100(2A) of the Domestic (Feral and Nuisance) Animals Act 1994-- (a) in paragraph (b), for "then." substitute "then; or"; 5 (b) after paragraph (b) insert-- "(c) as amended from time to time.". 25. Amendments to Schedule In the Schedule to the Domestic (Feral and Nuisance) Animals Act 1994-- 10 (a) for "DOGS" substitute-- "Section 15(4) REGISTRATION FEES PART 1--DOGS"; (b) in Column 1, after "dogs" insert "(other than 15 dangerous dogs, menacing dogs or restricted breed dogs)"; (c) before "CATS" insert "PART 2--". __________________ 23 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 26 See: PART 3--AMENDMENTS TO THE PREVENTION OF Act No. CRUELTY TO ANIMALS ACT 1986 46/1986. Reprint No. 6 as at 26. Definition 5 August 2004 and In section 3(1) of the Prevention of Cruelty to amending Animals Act 1986 insert the following 5 Act Nos 69/2004 , definition-- 108/2004 and 50/2005 ' "person in charge of" in relation to an animal LawToday: or thing, includes-- www.dms. dpc.vic. gov.au (a) a person who has the animal or thing in the person's possession or custody, or 10 under the person's care, control or supervision; and (b) any employee or agent of the owner of the animal or thing if a person referred to in paragraph (a) is bound to comply 15 with the directions of that employee or agent in respect of the animal or thing;'. 27. Amendments to cruelty offences In section 9(1) of the Prevention of Cruelty to Animals Act 1986-- 20 (a) for paragraph (b) substitute-- "(b) loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes, or is likely to cause, unreasonable pain or 25 suffering to the animal; or"; (b) for paragraph (c) substitute-- "(c) does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be 30 caused, to an animal; or"; 24 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 28 (c) for paragraph (e) substitute-- "(e) works, rides, drives or uses an animal when it is unfit for the purpose with the result that unreasonable pain or suffering is caused to an animal; or"; 5 (d) for paragraph (f) substitute-- "(f) is the owner or the person in charge of an animal which is confined or otherwise unable to provide for itself and fails to provide the animal with 10 proper and sufficient food, drink or shelter; or"; (e) for paragraph (i) substitute-- "(i) is the owner or the person in charge of a sick or injured animal and 15 unreasonably fails to provide veterinary or other appropriate attention or treatment for the animal; or". 28. Serious offences In section 12(2)(a)(i) of the Prevention of 20 Cruelty to Animals Act 1986, for "a person on behalf of the owner" substitute "the person in charge". 29. Permits to operate rodeos or rodeo schools (1) For section 16(2) of the Prevention of Cruelty to 25 Animals Act 1986 substitute-- "(2) A permit issued by the Department Head-- (a) must be in the prescribed form for that type of permit; and (b) is subject to the prescribed conditions 30 for that type of permit; and (c) is subject to any conditions imposed by the Department Head in the permit; and 25 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 29 (d) in the case of a permit to operate a rodeo school, remains in force for a period specified in the permit of not more than 12 months.". (2) In section 16(3) of the Prevention of Cruelty to 5 Animals Act 1986-- (a) after paragraph (aa) insert-- "(ab) the application is not lodged at least 28 days before the day that the rodeo or rodeo school to which the permit relates 10 is to be held; or"; (b) for paragraph (b) substitute-- "(b) the applicant has been convicted of-- (i) an offence against section 9 or 10; or 15 (ii) any other offence under this Act or the regulations in connection with the operation of a rodeo or a rodeo school; or"; (c) in paragraph (c), after "permit" insert 20 "or any condition imposed by the Department Head". (3) After section 16(3) of the Prevention of Cruelty to Animals Act 1986 insert-- "(3A) The Department Head may impose any 25 condition in the permit.". (4) In section 16(5) of the Prevention of Cruelty to Animals Act 1986, for "prescribed conditions for that type of permit" substitute "conditions applying to the permit". 30 26 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 30 30. References to owner or person in charge In sections 21(1)(bb)(ii), 21(2A) and 21(2B) of the Prevention of Cruelty to Animals Act 1986, for "who has possession or custody" substitute "in charge". 5 31. Taking of samples of animals and things (1) For section 21(2D) of the Prevention of Cruelty to Animals Act 1986 substitute-- "(2D) If an inspector proposes to take a sample from an animal or a thing, the inspector 10 must-- (a) advise the owner or person in charge of the animal or thing, if possible before taking the sample-- (i) that the sample is to be taken for 15 the purpose of examination or analysis; and (ii) that the owner or person in charge of the animal or thing, subject to sub-section (2E), has a right to be 20 given a part of the sample in accordance with paragraph (b) if the owner or person so requests; and (b) if the sample is taken for the purpose of 25 analysis and the owner or person in charge of the animal or thing requests to be given a part of the sample, divide the sample into 3 parts and give one part to the owner or person in charge, 30 one part to the analyst and keep one part untouched for future comparison. 27 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 32 (2E) Despite sub-section (2D)(b), a sample taken from an animal for analysis must not be divided up into parts if the inspector has been advised by a veterinary practitioner or a pathologist that division of the sample is not 5 practicable or will adversely affect the analysis.". (2) In section 21(3) of the Prevention of Cruelty to Animals Act 1986-- (a) in the definition of "ruminant", for "cud." 10 substitute "cud;"; (b) insert the following definition-- ' "sample", in relation to a dead animal, may include the whole of the carcass of the animal.'. 15 32. Additional search warrant power In section 21A(3) of the Prevention of Cruelty to Animals Act 1986-- (a) in paragraph (e), for "premises." substitute "premises; and"; 20 (b) after paragraph (e) insert-- "(f) to take photographs (including video recordings) or make sketches of any such animal or other thing on the premises; and 25 (g) in the case of an abandoned animal, to search for and to seize any such animal specified in the warrant and to take that animal to any place that the inspector thinks appropriate; and 30 28 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 33 (h) to retain possession of that animal-- (i) until the animal is recovered by its owner or the person in charge of the animal; or (ii) if the animal is not recovered 5 before any relevant time limit specified in section 21CA(2) expires, until the animal is sold, destroyed or given away in accordance with section 21CA.". 10 33. Insertion of sections 21CA and 21CB After section 21C of the Prevention of Cruelty to Animals Act 1986 insert-- '21CA. Disposal of seized abandoned animal (1) An inspector who has seized an animal under 15 section 21A(3)(g) may, if the circumstances in sub-section (2) apply-- (a) sell or destroy the animal, or cause it to be sold or destroyed, in accordance with section 21CB; or 20 (b) give the animal to a domestic animal business operating from a premises which is registered for the purposes of that business under the Domestic (Feral and Nuisance) Animals Act 25 1994. (2) For the purposes of sub-section (1), the circumstances are-- (a) if the identity of the owner or the person in charge of the animal is 30 known, the owner or person-- 29 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 33 (i) has been served personally with a notice in writing that states that the animal may be recovered within 7 days after service of the notice; and 5 (ii) has not recovered the animal within 7 days after the notice was served; or (b) if that identity is not known-- (i) reasonable steps to identify the 10 owner or person in charge of the animal have been taken and the owner or that person has not been located within 7 days after the animal was seized; and 15 (ii) a notice in the form set out in paragraph (a) has been served in writing by leaving the notice or sending the notice by post to the premises from which the animal 20 was seized; and (iii) no person entitled to possession of the animal has recovered the animal within 7 days after the notice was served. 25 (3) Ownership in any animal given to a domestic animal business under sub-section (1)(b) passes to that business when the business takes possession of the animal. 30 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 34 21CB. Certain sale and destruction provisions to apply to animals seized under section 21A Sections 24B, 24C and 24D apply in relation to an animal seized under section 21A-- (a) as if a reference in those sections to an 5 animal seized in accordance with an authority given under section 24A or to an animal seized under section 24A were a reference to an animal seized under a search warrant issued under 10 section 21A; and (b) as if a reference in those sections to a "specialist inspector" were a reference to an "inspector".'. 34. Substitution of section 24A 15 For section 24A of the Prevention of Cruelty to Animals Act 1986 substitute-- "24A. Minister may authorise seizure of animals (1) If the Minister believes on reasonable grounds that an animal or animals are in such 20 a condition, or, in such circumstances, that the animal or animals are likely to become distressed or disabled, the Minister may-- (a) serve a notice in writing by giving it personally to the owner of the animal or 25 animals; or (b) if the identity of the owner cannot be readily established or the owner cannot be readily contacted, serve a notice in writing by giving it personally to the 30 person in charge of the animal or animals; or 31 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 34 (c) serve a notice in writing by leaving a notice or sending a notice by post to the last known residential or business address of the owner or the person in charge of the animal or animals. 5 (1A) A notice served under sub-section (1) must state that, unless the Minister is satisfied that action has been or is being taken to remove the likelihood of the animal or animals becoming distressed or disabled, the Minister 10 intends, not less than 7 days after the serving of the notice, to authorise a specialist inspector to seize and dispose of the animal or animals in accordance with this Division. (2) If, at the expiration of 7 days from the 15 serving of the notice referred to in sub- section (1), the Minister is not satisfied that action has been, or is being, taken to remove the likelihood of the animal or animals becoming distressed or disabled, the Minister 20 may authorise a specialist inspector named in the authority to seize the animal or animals and-- (a) to sell the animal or animals or to cause them to be sold; or 25 (b) to destroy the animal or animals or to cause them to be destroyed at a place specified in the authority.". 32 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 35 35. Substitution of section 24H For section 24H of the Prevention of Cruelty to Animals Act 1986 substitute-- "24H. Retention, return and disposal of seized animal 5 (1) If an inspector seizes an animal under a warrant under section 24E, the inspector must take reasonable steps to return the animal to the owner or the person in charge of the animal within the time specified in the 10 warrant, or if that time is extended under section 24I, the time as extended. (2) If the identity of the owner or the person in charge of the animal cannot be readily established, or the owner or person cannot be 15 readily contacted, the inspector may-- (a) sell or destroy the animal, or cause it to be sold or destroyed, in accordance with section 24IA; or (b) give the animal to a domestic animal 20 business operating from a premises which is registered for the purposes of that business under the Domestic (Feral and Nuisance) Animals Act 1994. 25 (3) Ownership in any animal given to a domestic animal business under sub-section (2)(b) passes to that business when the business takes possession of the animal.". 33 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Part 3--Amendments to the Prevention of Cruelty to Animals Act 1986 s. 36 36. Insertion of new section 24IA After section 24I of the Prevention of Cruelty to Animals Act 1986 insert-- '24IA. Certain sale and destruction provisions to apply to animals seized under section 24E 5 Sections 24B, 24C and 24D apply in relation to an animal seized under a warrant under section 24E-- (a) as if a reference in those sections to an animal seized in accordance with an 10 authority given under section 24A or to an animal seized under section 24A were a reference to an animal seized under a warrant issued under section 24E; and 15 (b) as if a reference in those sections to a "specialist inspector" were a reference to an "inspector".'. 37. Notice to comply In section 24J(1)(b) of the Prevention of Cruelty 20 to Animals Act 1986, for "who has possession or custody" substitute "in charge". 34 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

Primary Industries Acts (Further Amendment) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 35 551342B.I1-7/9/2005 BILL LA INTRODUCTION 7/9/2005

 


 

 


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