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DOMESTIC ANIMALS ACT 1994 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of Admini-strative Appeals Tribunal repealed by No. 52/1998
s. 311(Sch. 1 item 21.1).

    *     *     *     *     *

S. 3(1) def. of animal registry licence inserted by No. 65/2007 s. 5(2)(a).

"animal registry licence" means a licence granted under section 63K;

S. 3(1) def. of animal registry service inserted by No. 65/2007 s. 5(2)(a), amended by No. 44/2010 s. 3(1).

"animal registry service" means a service of keeping and maintaining records relating to a prescribed class of animal that, in relation to each animal about which records are kept and maintained—

        (a)     contain identifying information about the animal and the owner of the animal; and

        (b)     are referenced to the animal through information contained in a permanent identification device implanted in the animal; and

        (c)     are not records maintained by a Council for the purposes of registration under Part 2; and

        (d)     are not records kept and maintained solely for the purpose of tracing the pedigree lineage of an animal of a prescribed class of animal;

S. 3(1) def. of animal sale permit inserted by No. 69/2017 s. 5(4).

"animal sale permit" means an animal sale permit issued under section 58N(1);

S. 3(1) def. of animal shelter amended by No. 75/2011 s. 3(1), substituted by No. 69/2017 s. 5(1).

"animal shelter" means any premises maintained for the purpose of providing temporary care or finding new homes for stray, abandoned or unwanted dogs or cats, but does not include premises on which foster care is being provided;

S. 3(1) def. of Animal Welfare Fund inserted by No. 75/2011 s. 3(3).

"Animal Welfare Fund" means the Animal Welfare Fund established under Part 7F;

S. 3(1) def. of applicable organisation substituted by Nos 87/2000 s. 4(a), 69/2017 s. 5(8).

"applicable organisation" means an organisation that is the holder of an applicable organisation approval;


S. 3(1) def. of applicable organisation approval inserted by No. 69/2017 s. 5(9).

"applicable organisation approval" means an approval under section 5A(1), including an approval that is renewed under section 5C;

S. 3(1) def. of approved commercial dog breeder inserted by No. 69/2017 s. 5(9).

"approved commercial dog breeder" means a person who has a commercial dog breeder approval;

S. 3(1) def. of approved dog obedience training organisation inserted by No. 69/2017 s. 5(5).

"approved dog obedience training organisation" means an organisation that holds a dog obedience training organisation approval;


S. 3(1) def. of authorised implanter inserted by No. 103/2003 s. 3(a).

"authorised implanter" means a person—

        (a)     who is qualified in accordance with section 63T; and

        (b)     who is not a prohibited implanter;

S. 3(1) def. of authorised officer substituted by No. 103/2003 s. 3(b).

"authorised officer" means a person appointed as an authorised officer under section 71, 71A, 72 or 72A;

board in relation to a dog or cat, means the taking of custody or possession of the dog or cat for keeping, accommodation, care, training or feeding for fee or reward;

S. 3(1) def. of breeding domestic animal business inserted by No. 75/2011 s. 3(3), amended by No. 69/2017 s. 5(7).

"breeding domestic animal business "means a domestic animal business to which paragraph (b) or (c) of the definition of domestic animal business applies;

S. 3(1) def. of business code of practice inserted by No. 17/2016 s. 13(2).

"business code of practice" means a code of practice made under section 59;

S. 3(1) def. of caged bird sale inserted by No. 69/2017 s. 5(4).

"caged bird sale" means an event conducted over a day or days at which caged birds are sold;

S. 3(1) def. of chief veterinary officer inserted by No. 69/2017 s. 5(9).

"chief veterinary officer" has the same meaning as in the Meat Industry Act 1993 ;

S. 3(1) def. of commercial dog breeder approval inserted by No. 69/2017 s. 5(9).

"commercial dog breeder approval" means an approval under section 58AA;



S. 3(1) def. of community foster care network inserted by No. 75/2011 s. 3(3).

"community foster care network" means an organisation that—

        (a)     arranges temporary housing for cats or dogs in private residential premises instead of other premises; and

        (b)     seeks permanent housing for the dogs or cats;

Council has the same meaning as in the Local Government Act 1989 ;

S. 3(1) def. of Council authorised officer inserted by No. 69/2017 s. 5(3).

"Council authorised officer" means a person appointed as an authorised officer under section 72;

S. 3(1) def. of Council contracted authorised officer inserted by No. 69/2017 s. 5(3).

"Council contracted authorised officer" means a person appointed as an authorised officer under section 72A;

S. 3(1) def. of dangerous dog substituted by No. 87/2000 s. 4(b).

"dangerous dog" means—

        (a)     a dog which has been declared to be dangerous by a Council under Part 3;

        (b)     a dog which by virtue of the operation of section 34A is a dangerous dog;

S. 3(1) def. of declared bird organisation inserted by No. 69/2017 s. 5(4).

"declared bird organisation" means an organisation that is declared to be a declared bird organisation under section 58T;

S. 3(1) def. of Department substituted by No. 46/1998
s. 7(Sch. 1), amended by Nos 56/2003 s. 11(Sch. item 6.1), 70/2013 s. 4(Sch. 2 item 11.1), 69/2017 s. 5(6).

"Department" means the Department of Economic Development, Jobs, Transport and Resources;

S. 3(1) def. of Departmental authorised officer inserted by No. 69/2017 s. 5(3).

"Departmental authorised officer" means a person appointed as an authorised officer under section 71;

S. 3(1) def. of desexing inserted by No. 44/2010 s. 3(3).

"desexing" in relation to a dog or cat means a surgical procedure to remove all or part of the reproductive organs of the dog or cat to prevent it breeding and to prevent or eliminate secondary sexual behaviours;

S. 3(1) def. of dog obedience training organisation approval inserted by No. 69/2017 s. 5(5).

"dog obedience training organisation approval" means an approval under section 5B(1), including an approval that is renewed under section 5C;

S. 3(1) def. of domestic animal business amended by Nos 87/2000 s. 4(c), 76/2005 s. 3, 44/2010 s. 3(2), 75/2011 s. 3(2), 71/2014 s. 12(a), 17/2016 s. 13(1), substituted by No. 69/2017 s. 5(2).

"domestic animal business" means—

        (a)     an animal shelter, Council pound or pet shop; or

        (b)     an enterprise which carries out the breeding of dogs (other than GRV greyhounds) to sell, if the enterprise has 3 or more fertile female dogs and the proprietor is not a recreational breeder; or

        (c)     an enterprise which carries out the breeding of cats to sell, if the enterprise has 3 or more fertile female cats and the proprietor is not a recreational breeder; or

        (d)     an enterprise which trains or boards dogs (other than GRV greyhounds) or cats for the purpose of profit; or

        (e)     an enterprise which rears or keeps dogs (other than GRV greyhounds) or cats—

              (i)     for the purpose of profit or sale; or

              (ii)     for a fee or for exchange of services;

S. 3(1) def. of domestic animals registry licence inserted by No. 103/2003 s. 3(a), repealed by No. 65/2007 s. 5(2)(b).

    *     *     *     *     *

S. 3(1) def. of domestic animals registry service inserted by No. 103/2003 s. 3(a), repealed by No. 65/2007 s. 5(2)(c).

    *     *     *     *     *

S. 3(1) def. of farm working dog inserted by No. 69/2017 s. 5(3).

"farm working dog" means a dog that herds, droves, protects, tends or works stock on land used solely or primarily for primary production;

S. 3(1) def. of farmer inserted by No. 69/2017 s. 5(3).

"farmer" means a person engaged in primary production whose primary source of income is from that primary production;

S. 3(1) def. of foster care inserted by No. 69/2017 s. 5(3).

"foster care" means the care of a stray, abandoned or unwanted dog or cat (whether or not as part of a community foster care network) that is temporary or for the purpose of finding a new home for the dog or cat and that takes place on premises on which the care is being provided to no more than—

        (a)     5 dogs or animal adult equivalent dogs; or

        (b)     5 cats or animal adult equivalent cats; or

        (c)     a combination of 5 dogs and cats or animal adult equivalent dogs and cats;

S. 3(1) def. of foster carer registration inserted by No. 69/2017 s. 5(3).

"foster carer registration" means a registration under section 68B, including a registration that is renewed under section 68D;

S. 3(1) def. of greyhound code of practice inserted by No. 17/2016 s. 13(2).

"greyhound code of practice" means a code of practice made under section 63AC;



S. 3(1) def. of Greyhound Racing Victoria inserted by No. 17/2016 s. 13(2).

"Greyhound Racing Victoria" has the same meaning as in Division 2 of Part III of the Racing Act 1958 ;


S. 3(1) def. of GRV greyhound inserted by No. 17/2016 s. 13(2).

"GRV greyhound" means a greyhound registered with Greyhound Racing Victoria except a greyhound that has—

        (a)     gone through a greyhound adoption program operated by Greyhound Racing Victoria; or

        (b)     been retired from the industry and is being kept in the community as a pet by a person who is not registered by Greyhound Racing Victoria as a greyhound racing participant;

S. 3(1) def. of implant inserted by No. 103/2003 s. 3(a).

"implant" includes insert;

S. 3(1) def. of keeping inserted by No. 17/2016 s. 13(2).

"keeping" in relation to a GRV greyhound, includes any one or more of the following activities—

        (a)     the breeding of a GRV greyhound;

        (b)     the rearing of a GRV greyhound;

        (c)     the training of a GRV greyhound;

        (d)     the breaking of a GRV greyhound;    

        (e)     the racing of a GRV greyhound;

        (f)     the boarding of a GRV greyhound;

        (g)     any other activity that involves the care of a GRV greyhound;

Note

The breaking of a greyhound involves teaching the greyhound to jump from a starting box and to chase a lure.

S. 3(1) def. of laceration inserted by No. 65/2007 s. 5(1)(a).

"laceration" means a wound caused by—

        (a)     the tearing of body tissue; or

        (b)     multiple punctures caused by more than one bite from a dog;

"local law" means a local law made under the Local Government Act 1989 ;

S. 3(1) def. of menacing dog
inserted by No. 87/2000 s. 4(e).

"menacing dog" means a dog which has been declared to be a menacing dog by a Council under Part 3;

S. 3(1) def. of microbreeder inserted by No. 69/2017 s. 5(3).

"microbreeder" means—

        (a)     a person who carries out the breeding of dogs to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female dogs; or

        (b)     a person who carries out the breeding of cats to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female cats;

"municipal district" has the same meaning as in the Local Government Act 1989 ;

S. 3(1) def. of notice of seizure inserted by No. 65/2007 s. 5(1)(a).

"notice of seizure" means a notice under section 84I;

"owner" in respect of a dog or cat, includes a person who keeps or harbours the animal or has the animal in his or her care for the time being whether the animal is at large or in confinement;

S. 3(1) def. of permanent identification device inserted by No. 103/2003 s. 3(a), amended by No. 65/2007 s. 5(2)(d).

"permanent identification device" means a microchip or other electronic device that is capable of being permanently implanted in an animal of a prescribed class of animal and that is designed to record information in a manner that can be electronically retrieved;

S. 3(1) def. of pet shop substituted by No. 87/2000 s. 4(d).

"pet shop" means a shop—

        (a)     situated in a permanent location; and

        (b)     open not less than 5 days a week, excluding a public holiday appointed under the Public Holidays Act 1993 ; and

        (c)     where a dog, cat, rabbit, guinea pig, mouse, reptile, caged bird or any other similar animal of a class or kind prescribed by the regulations is offered for sale, sold or bought and sold;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 46.1).

"police officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of pound amended by No. 76/2005 s. 3.

"pound" means any premises maintained for the purpose of impounding dogs or cats;

S. 3(1) def. of prescribed class of animal inserted by No. 65/2007 s. 5(2)(a).

"prescribed class of animal" means any of the following—

        (a)     dogs;

        (b)     cats;

        (c)     horses;

        (d)     a class of animal prescribed by the regulations;

S. 3(1) def. of prescribed identifying information inserted by No. 103/2003 s. 3(a), substituted by No. 65/2007 s. 5(2)(e).

"prescribed identifying information" in relation to an animal of a prescribed class of animal, means information about the animal and the owner of the animal (within the meaning of Part 4A) the nature of which is prescribed;

S. 3(1) def. of prescribed permanent identification device inserted by No. 103/2003 s. 3(a).

"prescribed permanent identification device" means a permanent identification device that is of a class of permanent identification devices that is prescribed by the regulations;

S. 3(1) def. of primary production inserted by No. 69/2017 s. 5(3).

"primary production" means the maintenance of animals or poultry for the purpose of selling them or their natural increase or bodily produce;

S. 3(1) def. of prohibited implanter inserted by No. 103/2003 s. 3(a), amended by No. 65/2007 s. 5(2)(f).

"prohibited implanter" means a person who is prohibited by the Secretary from implanting permanent identification devices in animals of prescribed classes of animal under Division 4 of Part 4A;

"proprietor" in relation to a domestic animal business means the owner or occupier of the premises at which the business is conducted;

S. 3(1) def. of rateable property inserted by No. 69/2017 s. 5(3).

"rateable property" has the same meaning as in section 3 of the Local Government Act   1989 ;

S. 3(1) def. of recognised organisation inserted by No. 83/2001 s. 9.

"recognised organisation" means an organisation declared to be a recognised organisation by the Minister under section 5A;

S. 3(1) def. of recreational breeder inserted by No. 69/2017 s. 5(3).

"recreational breeder" means—

        (a)     a person who carries out the breeding of dogs to sell, who is a member of an applicable organisation, if the person has no more than 10 fertile female dogs; or

        (b)     a person who carries out the breeding of cats to sell, who is a member of an applicable organisation, if the person has no more than 10 fertile female cats;

S. 3(1) def. of registered foster carer inserted by No. 69/2017 s. 5(3).

"registered foster carer" means a person who holds a foster carer registration;

S. 3(1) def. of relevant Council inserted by No. 69/2017 s. 5(9).

"relevant Council", in relation to a domestic animal business, means the Council of the municipal district in which the premises is situated on which the domestic animal business is being or is proposed to be conducted;

S. 3(1) def. of relevant fertile female dog inserted by No. 69/2017 s. 5(3).

"relevant fertile female dog" means a female dog, 12 months of age or more, that has not been rendered permanently infertile;

S. 3(1) def. of restricted authorised officer inserted by No. 69/2017 s. 5(3).

"restricted authorised officer" means a person appointed as an authorised officer under section 71A;

S. 3(1) def. of restricted breed dog inserted by No. 83/2001 s. 9, substituted by No. 44/2010 s. 3(4), amended by No. 71/2014 s. 12(b).

"restricted breed dog" means a dog that is any one of the following breeds—

        (a)     Japanese Tosa;

        (b)     fila Brasileiro;

        (c)     dogo Argentino;

        (d)     Perro de Presa Canario (or Presa Canario);

        (e)     American Pit Bull Terrier (or Pit Bull Terrier);

S. 3(1) def. of rush at inserted by No. 87/2000 s. 4(e).

"rush at", in relation to a dog, means to approach a person to a distance of less than 3 metres in a menacing manner, displaying aggressive tendencies that may include snarling, growling and raised hackles;

S. 3(1) def. of scan inserted by No. 44/2010 s. 3(5).

"scan" means to pass a reader over the skin of an animal of a prescribed class of animal or a permanent identification device at a distance of no greater than 50 millimetres and at a sweep speed of no greater than 50 centimetres per second;

S. 3(1) def. of Secretary inserted by No. 103/2003 s. 3(a) (as amended by No. 108/2004 s. 117(1) (Sch. 3 item 12.1)).

"Secretary" means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;

S. 3(1) def. of sell inserted by No. 75/2011 s. 3(3).

"sell "has the same meaning as in the Wildlife Act 1975 ;


S. 3(1) def. of serious injury inserted by No. 65/2007 s. 5(1)(a).

"serious injury" means—

        (a)     an injury requiring medical or veterinary attention in the nature of—

              (i)     a broken bone; or

              (ii)     a laceration; or

              (iii)     a partial or total loss of sensation or function in a part of the body; or

        (b)     an injury requiring cosmetic surgery;

S. 3(1) def. of subordinate instrument repealed by No. 65/2007 s. 5(1)(b).

    *     *     *     *     *


"vehicle" includes a motor car, bus, bicycle, truck or motor cycle.

S. 3(1) def. of veterinary practitioner inserted by No. 103/2003 s. 3(a).

"veterinary practitioner" means a veterinary practitioner registered under the Veterinary Practice Act 1997 .

S. 3(2) amended by Nos 46/1998
s. 7(Sch. 1), 56/2003 s. 11(Sch. item 6.2), 108/2004 s. 117(1) (Sch. 3 item 59.2), 70/2013 s. 4(Sch. 2 item 11.2).

    (2)     If, under the Public Administration Act 2004 , the name of the Department is changed, the reference in the definition of Department in subsection (1) to the Department of Environment and Primary Industries is, from the date when the name is changed, to be taken to be the reference to the Department by its new name.

S. 3(3) inserted by No. 44/2010 s. 3(6), amended by No. 39/2011 s. 3(1).

    (3)     A dog that falls within an approved standard for a breed of dog specified in a paragraph of the definition of restricted breed dog is taken to be a dog of that breed.

S. 3(4) inserted by No. 39/2011 s. 3(2).

    (4)     For the purposes of subsection (3) an approved standard is a standard that has been approved by the Minister and published in the Government Gazette.

S. 3(5) inserted by No. 69/2017 s. 5(10).

    (5)     In this Act—

        (a)     a fertile female dog or cat and the litter of that dog or cat are taken as one animal adult equivalent if the offspring in the litter are with the dog or cat and are under 8 weeks old; and

        (b)     the offspring in a dog's or cat's litter are taken as one animal adult equivalent if the offspring are not with the dog or cat and are under 16 weeks old.

S. 3(6) inserted by No. 69/2017 s. 5(10).

    (6)     For the purpose of paragraph (b) of the definition of domestic animal business , a farmer is not to be taken to be conducting a domestic animal business in respect of any fertile female dog that the farmer has that—

        (a)     is primarily being kept or worked by the farmer as a farm working dog; or

        (b)     is primarily being trained to be a farm working dog by the farmer.

S. 4
amended by Nos 87/2000 s. 5, 29/2012 s. 10.



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