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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
5B. Approval of dog obedience training organisations
5C. Renewal of approval
5D. Condition of approval that report submitted each year of approval
5E. Revocation of approval
5F. Notice of and submissions on proposal to revoke or not renew approval
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
Division 1--Registration requirements
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
12B. Offence as to advertising dogs or cats for sale
12C. Offence as to publication of advertisements for dogs or cats for sale
12D. Interpretation of sell
13. Notification of sale by domestic animal business or foster carer
Division 2--Procedures for registration
14. Application for registration or renewal of registration
15. Registration fees
Division 3--Powers and duties of Councils with respect to registration
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
Division 4--Identification of registered animals
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
Division 1--Stray 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
26A. Dogs and cats found in places specified by the Great Ocean Road Coast and Parks Authority
Division 2--Particular provisions for the control of dogs and cats
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
Division 3--Particular provisions for the control of dangerous dogs
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
Division 3A--Particular provisions for the control of menacing dogs
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
Division 3B--Particular provisions for the control of restricted breed 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
Division 4--Powers and duties of Councils with respect to the control of dogs and cats
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--REGULATION OF DOMESTIC ANIMAL BUSINESSES AND RELATED MATTERS
Division 1--Registration
44A. Application of Division
44B. Ten fertile female dog limit for breeding domestic animal business
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
Division 2--Surrender or transfer of registration
50A. Application of Division
51. Surrender of registration
52. Transfer of registration
Division 3--Refusal to register or suspension or revocation of registration
54. Powers of Council
54A. Registration where another domestic animal business on rateable property
54B. Registration of breeding domestic animal business premises—10 relevant fertile female dog limit
54C. Transfer of registration of breeding domestic animal business premises—10 relevant fertile female dog limit
54D. Renewal of registration of breeding domestic animal business premises—10 relevant fertile female dog limit
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
Division 3AA--Commercial dog breeder approval
58AA. Approval of commercial dog breeders
58AB. Considerations in deciding to grant or renew approval
58AC. Application to Minister for commercial dog breeder approval
58AD. Chief veterinary officer may ask for report and monitoring
58AE. Chief veterinary officer may make recommendation
58AF. Conditions of commercial dog breeder approval
58AG. Period of approval
58AH. Transfer of premises
58AI. Automatic cancellation or suspension of approval
58AJ. Revocation of approval by Minister
58AK. Notice of and submissions on proposal to revoke a commercial dog breeder approval
58AL. Council to be notified of matters relating to a commercial dog breeder approval
Division 3A--Registration of business conducted by Council
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
Division 3B--Animal sale permits
58L. Definitions
58M. Application for animal sale permit
58N. Issue of animal sale permit
58O. Conditions on animal sale permit
58P. Minister must notify Council of issue of permit before the sale
58Q. Authorised officer may close down sale
58R. Holder of permit must submit report
58S. Offences relating to non-compliance with animal sale permit
Division 3C--Bird sales held by declared bird organisations
58T. Minister may declare an organisation to be a declared bird organisation
58U. Notice to Secretary of caged bird sales
Division 4--Business codes of practice
59. Making of business codes of practice
63. Publication, operation and availability of business code of practice
63A. Non-compliance with business code of practice an offence
Division 5--Offences
63AAA. Definition
63AAB. Offences as to sale or giving away of animals by pet shops
63AAC. Offences as to sale or giving away or provision of animals to pet shops
63AAD. Offences where dog or cat is in foster care and that is not of a certain age
63AAE. Offence to sell a dog or cat to an animal shelter or pound
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
Division 1--General
63B. Definition
Division 2--Offences
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
Division 3--Animal registry licences
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
Division 4--Regulation of implanters
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
Division 5--Transitional matters
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 5B--FOSTER CARER REGISTRATION
68B. Grant of foster carer registration
68C. Application for foster carer registration
68D. Renewal of foster carer registration
68E. Matters to be considered in granting or renewing foster carer registration
68F. Duration of foster carer registration
68G. Form of application for registration or renewal of registration
68H. Foster carer registration fees
68I. Conditions on foster carer registration
68J. Suspension or cancellation of registration
68K. Notice of and submissions on proposal to suspend, cancel or not renew foster carer registration
PART 5C--INFORMATION REGISTER AND SOURCE NUMBERS
Division 1--Definition
68L. Definition
Division 2--Information register
68M. Secretary to keep information register
68N. Information as to domestic animal businesses to be given to Secretary
68O. Information as to registered foster carers to be given to Secretary
68P. Information to be given to Secretary for source number applications
68Q. Information to be given under section 68N, 68O or 68P
68R. Secretary to be given information as to refusal etc. of registration
68S. Applicable organisation to give information as to cessation of membership of recreational breeder to Secretary
68T. Other information to be included on the information register
68U. Persons who may inspect the information register
68V. Inspections by police officers and public sector bodies
68W. Offences as to information register
Division 3--Source numbers
68X. Secretary may issue source numbers
68Y. Issue of source numbers to domestic animal businesses
68Z. Issue of source numbers to registered foster carers
68ZA. Issue of source numbers to recreational breeders
68ZB. Issue of source numbers to other persons or bodies
68ZC. Period for which source numbers remains in force
68ZD. Application for source numbers or renewal of source numbers
68ZE. Secretary's decision on application to issue or renew
68ZF. Grounds for refusal to issue or suspension or revocation
68ZG. Notice of cessation of source number
PART 6--FINANCIAL PROVISIONS
69. Payments to the Treasurer
70. Due date for payments to the Treasurer
PART 7--GENERAL ENFORCEMENT
Division 1--Appointment of authorised officers
71. Appointment of Departmental authorised officers
71A. Appointment of restricted authorised officers
72. Appointment of Council authorised officers
72A. Appointment of Council contracted authorised officers
72B. Appointment of Great Ocean Road Coast and Parks Authority authorised officers
73. Identity cards for authorised officers
73A. Offence to impersonate authorised officer
Division 2--General enforcement powers of authorised officers
74. Entry, search and other powers of authorised officers for some purposes
74AA. Production of documents and records
74A. Council contracted authorised officers may request name and address, ask questions
Division 3--Enforcement powers--domestic animal businesses and the keeping of GRV greyhounds
74AB. Definition
74AC. Entry and search powers to monitor compliance of domestic animal businesses and keeping of GRV greyhounds
74AD. Application for search warrant under section 74AE
74AE. Search warrant
74AF. Seizure and samples of things not mentioned in the warrant
74AG. Requirements for search warrants
74AH. Application of Magistrates' Court Act 1989
74AI. Announcement before entry
74AJ. Details of warrant to be given to occupier
Division 4--Miscellaneous enforcement powers
74B. Taking samples from dogs
74C. Procedures for taking samples
75. Seizure of documents
75AA. Copies of certain seized things to be given
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
Division 5--Enforcement powers--breeding restricted breed dogs
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
Division 2--Seizure of dogs or cats
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
82B. Seizure of dog or cat for certain offences
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 outside premises
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
84DA. Person or body receiving dog or cat must take steps to identify owner
84DB. Circumstances in which a dog or cat must be relinquished to a Council authorised officer
84DC. Veterinary practitioners who receive a dog or cat may recover certain costs from the owner
84DD. Veterinary practitioners and animal shelters must record and report on reunification of pets with owners
Division 3--Search warrants
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
Division 4--Steps to be taken afterseizure of dog or cat
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
Division 5--Recovery of seized dog or cat
84M. Recovery of dog or cat
84N. Recovery of dog believed to be a restricted breed dog
Division 6--Disposal of seized dogs or cats
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 forfeited dog or cat
84U. Seized animal must be desexed before sold
84V. Method of disposal of dogs or cats
84VA. Recovery of costs for forfeited dogs or cats
Division 7--Court powers
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
84WAB. Offence not to comply with order under section 84WA
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
Division 7A--Disqualification of person from owning or being in charge or control of a dog
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
Division 8--General
84Y. Agreements to seize, receive, 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
Division 1--Provisions related to 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
Division 2--Supplementary offences
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
100B. Offence to disclose information
100C. Permitted disclosures
100D. Disclosure of information by Councils
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
105A. Transitional provision—Domestic Animals Amendment (Puppy Farms and Pet Shops)
106. Transitional provision—Primary Industries Legislation Amendment Act 2012
107. Transitional provision—Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022
SCHEDULE
ENDNOTES
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