Victorian Current Acts

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