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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 of Admini-strative Appeals Tribunal repealed by No. 52/1998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 shelter amended by No. 75/2011 s. 3(1).

"animal shelter" means any premises maintained for the purpose of providing shelter to, or finding new homes for, stray, abandoned or unwanted dogs or cats but does not include premises that are part of a community foster care network;

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 No. 87/2000 s. 4(a).

"applicable organisation" means an organisation that is declared by the Minister under section 5A to be an applicable organisation;

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).

"breeding domestic animal business "means a domestic animal business to which paragraph (b) 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 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 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 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).

"Department" means the Department of Environment and Primary Industries;

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 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).

"domestic animal business" means—

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

        (b)     an enterprise which carries out the breeding of dogs or cats to sell, other than GRV greyhounds, where—

              (i)     in the case of an enterprise whose proprietor is a member of an applicable organisation

    (A)     the enterprise has 10 or more fertile female dogs or 10 or more fertile female cats; or

    (B)     the enterprise has between 3 and 9 fertile female dogs or between 3 and 9 fertile female cats in circumstances where no more than 2 of the fertile female dogs or fertile female cats (as the case may be) are not registered with the applicable organisation; or

              (ii)     in the case of an enterprise whose proprietor is not a member of an applicable organisation, the enterprise has 3 or more fertile female dogs or 3 or more fertile female cats; or

        (c)     an enterprise that is run for profit which carries out the rearing, training or boarding of dogs or cats, other than GRV greyhounds;

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 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;

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



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