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DOMESTIC ANIMALS ACT 1994


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   4.      Parent or guardian deemed to be owner  
   5.      Governor in Council exemptions  
   5A.     Applicable organisations and recognised organisations  
   6.      Minister's power to delegate  
   6A.     Secretary's power to delegate  
   7.      Exemptions for guide dogs  
   8.      Exemptions for dogs used by government authorities  
   9.      Act binds the Crown  

   PART 2--REGISTRATION OF DOGS AND CATS

   10.     Requirement to apply for registration  
   10A.    Council may refuse to register dogs and cats unless desexed  
   10B.    Dogs and cats that are exempt from desexing  
   10C.    Refusal of registration of dogs and cats unless permanently identified  
   10D.    Dogs and cats that are exempt from permanent identification  
   11.     Period of registration  
   12.     Agents for registration  
   12A.    Dogs and cats must be permanently identified before sale or being given away  
   13.     Notification of sale by domestic animal business  
   14.     Application for registration or renewal of registration  
   15.     Registration fees  
   16.     Registration of dogs and cats other than dangerous or restricted breed dogs  
   17.     Registration of dangerous and restricted breed dogs  
   18.     Council to keep and allow inspection of register  
   19.     Registration numbers, certificates and identification markers  
   20.     Registered dog or cat to have identification marker outside premises  
   21.     Unregistered dog or cat must not have identification marker  
   22.     Offence to remove or damage identification marker  

   PART 3--CONTROL OF DOGS AND CATS

   23.     Dogs and cats on private property without permission  
   24.     Dogs found at large  
   25.     Cats found at large  
   26.     Dogs and cats found in places specified by the Council  
   27.     Restraint of greyhounds  
   28.     Offence to set on dog to attack  
   28A.    Offence to train dogs to attack  
   29.     Offences and liability relating to dog attacks  
   30.     Owner of livestock able to destroy dog or cat found at large near livestock  
   31.     Authorised officer able to destroy dog or cat found at large in certain areas  
   32.     Dogs or cats creating a nuisance  
   33.     Dogs and cats not to be abandoned  
   33A.    Council animal shelters and pounds must accept surrendered animals  
   34.     Council may declare a dog to be dangerous  
   34A.    Dangerous dogs  
   35.     Procedure for making declaration  
   36.     Council must give notice of a declaration to owner  
   37.     Notification of Council  
   37A.    Offence not to advise person acquiring a dangerous dog that it is dangerous dog  
   38.     Restraint of dangerous dogs when on owner's premises  
   39.     Warning signs  
   40.     Identification of dangerous dogs  
   41.     Restraint of dangerous dogs off the owner's premises  
   41A.    Declaration that a dog is a menacing dog  
   41B.    Procedure for declaring a menacing dog  
   41C.    Council must give notice of a menacing dog declaration to owner  
   41D.    Notification of Council in relation to menacing dog  
   41E.    Restraint of menacing dogs  
   41EB.   Prohibition against breeding from a restricted breed dog  
   41F.    Notifications  
   41G.    Restraint of restricted breed dogs when on owner's premises  
   41H.    Warning signs for restricted breed dogs  
   41HA.   Identification of restricted breed dogs  
   41I.    Restraint of restricted breed dogs off the owner's premises  
   41J.    Limitation on ownership of restricted breed dogs  
   41K.    Prohibition on transfer of ownership of restricted breed dogs  
   41L.    Prohibition on minor having control of dog outside owner's premises  
   42.     Power of Councils to make local laws  
   43.     Power of authorised officer to destroy animals at large in specified areas  
   44.     Power of Councils to require restraint of animals  

   PART 3A--REGISTER OF DANGEROUS, MENACING AND RESTRICTED BREED DOGS

   44AA.   Definition of inspect  
   44AB.   Secretary must keep register of dangerous, menacing and restricted breed dogs  
   44AC.   Persons who may inspect the register  
   44AD.   Offence to inspect etc. information in register  
   44AE.   Councils to provide details of dangerous, menacing or restricted breed dogs to Secretary  
   44AEA.  Councils to provide details of dogs destroyed in certain circumstances to Secretary  
   44AF.   Details of dangerous, menacing or restricted breed dogs to be provided by Councils  
   44AG.   Council to provide information about owners of dangerous, menacing or restricted breed dogs  
   44AH.   Secretary may request confirmation of information provided by Councils  
   44AI.   Secretary may contract out management of the register  

   PART 4--REGISTRATION AND CONDUCT OF DOMESTIC ANIMAL BUSINESSES

   44A.    Application of Division  
   45.     Offence to conduct domestic animal business on unregistered premises  
   46.     Application for registration  
   47.     Registration of premises  
   48.     Term and renewal of registration  
   49.     Fees for registration and renewal of registration  
   50.     Animal shelter or pound conducted by Council  
   50A.    Application of Division  
   51.     Surrender of registration  
   52.     Transfer of registration  
   54.     Powers of Council  
   55.     Council to give notice  
   56.     Council to hear proprietor or applicant  
   57.     Notice of Council's decision  
   57A.    Court may cancel or revoke registration  
   58.     Revocation or suspension of registration of animal shelter or pound by Minister  
   58A.    Offence to conduct domestic animal business on unregistered premises  
   58B.    Application for registration  
   58C.    Registration of premises  
   58D.    Term and renewal of registration  
   58E.    Fees for registration and renewal of registration  
   58F.    Surrender of registration  
   58G.    Transfer of registration  
   58H.    Powers of Minister  
   58I.    Minister to give notice  
   58J.    Minister to hear proprietor or applicant  
   58K.    Notice of Minister's decision  
   59.     Making of business codes of practice  
   60.     Advertisement of making  
   61.     Consideration of submissions  
   62.     Notice of making  
   63.     Publication, operation and availability of business code of practice  
   63A.    Non-compliance with business code of practice an offence  
   63AB.   Record keeping offences for pet shop proprietors  

   PART 4AA--KEEPING OF GRV GREYHOUNDS

   63AC.   Making of greyhound codes of practice  
   63AD.   Operation and availability of greyhound code of practice  
   63AE.   Non-compliance with greyhound code of practice an offence  

   PART 4A--REGULATION OF THE PERMANENTIDENTIFICATION OF PRESCRIBED CLASSES OF ANIMAL

   63B.    Definition  
   63C.    Offence to offer or provide animal registry service without a licence  
   63D.    Offence to sell etc. device that is not prescribed device  
   63E.    Offences relating to keeping of records  
   63F.    Offences relating to the implantation of permanent identification devices  
   63G.    Offence not to give information to licence holder on implantation  
   63H.    Offence to provide identifying information in certain circumstances  
   63I.    Offence not to provide certain information relating to identification devices to holders of animal registry licences  
   63J.    Requirement to scan animals for permanent identification devices  
   63K.    Grant of animal registry licence  
   63L.    Application for an animal registry licence  
   63M.    Duration of licences  
   63N.    Conditions on licences  
   63O.    Renewal of licences  
   63P.    Notice of proposal to cancel an animal registry licence  
   63Q.    Making of submissions on proposal to cancel  
   63R.    Cancellation of an animal registry licence  
   63S.    Requirements to surrender records  
   63T.    Qualifications for implanters  
   63U.    Notice of proposal to impose prohibition on implanting  
   63V.    Making of submissions on the proposal  
   63W.    Power of the Secretary to prohibit a person from implanting devices  
   63X.    Removal of prohibition before expiry  
   63Y.    Devices implanted before 20 May 2003  
   63Z.    Requirements to keep and maintain records held before commencement of Part  

   PART 5--BOARDING OF DOGS AND CATS

   64.     Responsibility for boarded dogs or cats  
   65.     Liens over animals  
   66.     Can lien holder dispose of animal?  
   67.     Sale of unclaimed animals by lien holders  
   68.     Passing of property upon sale of animal  

   PART 5A--DOMESTIC ANIMAL MANAGEMENT PLANS

   68A.    Councils to prepare domestic animal management plans  

   PART 6--FINANCIAL PROVISIONS

   69.     Payments to the Treasurer  
   70.     Due date for payments to the Treasurer  

   PART 7--AUTHORISED OFFICERS

   71.     Appointment of authorised officers  
   71A.    Appointment of persons who are not employees of the Department as authorised officers  
   72.     Appointment of authorised officers by Council  
   72A.    Appointment of persons who are not Council employees as authorised officers  
   73.     Identity cards for authorised officers  
   73A.    Offence to impersonate authorised officer  
   74.     Powers of authorised officers  
   74A.    Powers of authorised officers contracted by Councils  
   74B.    Taking samples from dogs  
   74C.    Procedures for taking samples  
   75.     Seizure of documents  
   75A.    Seizure of records of information recorded in permanent identification devices  
   75B.    Disposal of records seized under section 75A  
   75C.    Application of proceeds of sale  
   76.     Offences relating to authorised officers  
   76A.    Notice to comply  
   76B.    Requirement to make documents available for inspection  
   76C.    Approval of Secretary for search warrant  
   76D.    Search warrant for document connected with section 41EB offence  

   PART 7A--POWERS TO SEIZE AND DISPOSE OF DOGS OR CATS AND RELATED MATTERS

   77.     Definition  
   78.     Seizure of dangerous dogs  
   79.     Seizure of restricted breed dogs  
   80.     Seizure of dogs believed to be restricted breed dogs  
   81.     Seizure of dog urged or trained to attack or having attacked  
   82.     Seizure of unregistered dog or cat  
   82A.    Seizure of dog or cat from unregistered breeding domestic animal businesses  
   83.     Seizure of dog or cat that does not comply with the registration requirements under Act  
   84.     Seizure of dog or cat in certain circumstances  
   84A.    Seizure of cat without current identification  
   84B.    Seizure of dog or cat after court order under section 84W  
   84C.    Seizure of abandoned dog or cat  
   84CA.   Seizure of dog involved in suspected breeding offence  
   84D.    Seized dog or cat must be delivered up  
   84E.    Search warrants for dogs or cats  
   84EA.   Search warrant if restricted breed dog breeding offence suspected of being committed  
   84EB.   Search warrants under this Part  
   84F.    Announcement before entry  
   84G.    Details of warrant to be given to occupier  
   84GA.   Seizure of documents or things  
   84H.    Identified owners must be served with notice of seizure  
   84I.    Notice of seizure  
   84J.    Custody of seized dogs or cats  
   84K.    Owners of dogs believed to be restricted breed dogs must be served with declaration  
   84L.    Custody of seized dogs believed to be restricted breed dogs  
   84M.    Recovery of dog or cat  
   84N.    Recovery of dog believed to be a restricted breed dog  
   84O.    Power to sell or destroy dogs or cats seized under this Part  
   84P.    Further power to destroy dogs  
   84Q.    Prosecution of identified persons suspected of committing offences  
   84R.    Council may require owner of animal to provide current address  
   84S.    Council may destroy animals of non-identified dog owners suspected of committing an offence  
   84T.    Council must destroy dog believed to be a restricted breed dog if owner unknown  
   84TA.   Destruction of dog that is a danger to the public  
   84TB.   Immediate destruction of dog that may cause serious injury or death  
   84TC.   Destruction of declared dangerous dog found at large  
   84TD.   Disposal of dog or cat forfeited under section 82A  
   84U.    Seized animal must be desexed before sold  
   84V.    Method of disposal of dogs or cats  
   84VA.   Costs and proceeds in relation to seized dogs or cats  
   84W.    Power of Court to make orders in relation to dogs and cats found outside owners' premises  
   84WA.   Power of Court to make orders prohibiting ownership of dogs or cats  
   84WB.   Power of Court to make orders as to costs and disposal of dogs or cats  
   84WC.   Order for bond or costs  
   84WD.   Order for disposal if bond or costs not paid  
   84WE.   Order for disposal if owner found guilty  
   84WF.   Order for disposal in certain circumstances  
   84WG.   Order for return of dog or cat  
   84X.    Power of Court to order payment of costs and disposal of dogs or cats  
   84XA.   Court may disqualify person from owning or being in charge or control of a dog  
   84XB.   Search warrant for failure to comply with court order  
   84XC.   Order under section 84XA may be suspended  
   84XD.   Person subject to order under section 84XA may apply for variation, suspension or revocation of order  
   84XE.   Power of Magistrates' Court to vary etc. order under section 84XA  
   84XF.   Person may not make another application for variation, suspension or revocation of order for 12 months  
   84XG.   Orders under section 84XA are to operate consecutively  
   84XH.   Person must comply with order under section 84XA  
   84Y.    Agreements to seize, retain or dispose of dogs or cats  
   84Z.    Offences relating to seized cats or dogs  
   84ZA.   Offence to unlawfully seize or destroy a dog or cat  

   PART 7B--INFRINGEMENT NOTICES

   85.     Power to serve infringement notice  
   88.     Penalties to be paid for offences under infringement notices  

   PART 7C--PROVISIONS RELATING TO ENFORCEMENT AND COURT PROCEEDINGS

   91.     Liability of officers of bodies corporate for offences  
   92.     Power to file charge-sheets under this Act  
   93.     Service of documents  
   94.     Evidentiary provisions  
   95.     Payment of fines  
   95A.    Extended period to prosecute offence  
   96.     Offence to sell certain animals outside certain places  
   97.     False information  

   PART 7D--REVIEW OF DECISIONS BYVICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL

   98.     Review of decisions by Victorian Civil and Administrative Tribunal  
   98AAA.  Order for costs of retaining restricted breed dog in custody  
   98AA.   Review of decisions made under Part 4A  

   PART 7E--IDENTIFICATION OF RESTRICTED BREED DOGS

   98A.    Power of authorised officers to make declarations as to breed of dogs  
   98B.    Service of notice of declaration  
   98C.    Application of certain offences at the time of the making of a declaration  

   PART 7F--ANIMAL WELFARE FUND

   98D.    Animal Welfare Fund  
   98E.    Payments into the Fund  
   98F.    Investment of money in the Fund  
   98G.    Payment of money out of the Fund  

   PART 8--GENERAL

   99.     Supreme Court—Limitation of Jurisdiction  
   100.    Regulations  
   100A.   Council must give information to Secretary  

   PART 9--REPEALS AND TRANSITIONAL PROVISIONS

   101.    Repeal of Dog Act  
   102.    Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007  
   103.    Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007  
   104.    Transitional provision—Primary Industries Legislation Amendment Act 2009  
   105.    Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010  
   106.    Transitional provision—Primary Industries Legislation Amendment Act 2012  
           SCHEDULE 1
           ENDNOTES


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