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Domestic Animals Amendment Bill 2013
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purposes of the Bill, which are--
· to amend the Domestic Animals Act 1994--
· to reduce the period within which a person may
apply to VCAT for a review of a declaration that
a dog is a restricted breed dog; and
· to empower VCAT to make an order for the
owner of a dog declared to be a restricted breed
dog to pay for the costs of the dog being retained
in custody while VCAT reviews the declaration;
and
· to require owners of dangerous, menacing or
restricted breed dogs to notify Councils of
further information about where the dog is kept;
and
· to further provide for offences in relation to
authorised officers; and
· to provide for admissibility in legal proceedings
of declarations of dogs as restricted breed dogs;
and
· to empower the Magistrates' Court to disqualify a
person from owning or being in charge or control
of a dog in certain circumstances and to provide
entry, search and seizure powers under a search
warrant in relation to such a person; and
571421 1 BILL LA INTRODUCTION 12/11/2013
· to insert an offence prohibiting breeding from a
restricted breed dog; and
· to empower authorised officers or veterinary
practitioners to take samples from dogs in certain
circumstances; and
· to empower authorised officers to seize dogs
suspected to be involved in the offence against
breeding from a restricted breed dog; and
· to provide for entry and search powers under a
search warrant for the offence against breeding
from a restricted breed dog; and
· to provide for seizure of documents and things
under Part 7A; and
· to insert powers as to inspection, search and
seizure of certain documents of veterinary
practitioners; and
· to insert additional requirements for Councils to
provide the Secretary with information regarding
dangerous, menacing and restricted breed dogs;
and
· to make miscellaneous amendments to that Act;
and
· to amend the Crimes Act 1958 to empower a court to
disqualify a person from owning or being in charge or
control of a dog if the person has committed an offence
connected with a dangerous, menacing or restricted
breed dog under that Act and to provide entry, search
and seizure powers under a search warrant in relation to
such a person.
Clause 2 Subclause (1) provides that, subject to subclause (2), the Bill
comes into operation on a day or days to be proclaimed.
Subclause (2) provides that if a provision of the Bill does not
come into operation on 1 July 2014, it comes into operation on
that day.
2
Clause 3 inserts new subsection (1AA) after section 5A(1) of the
Domestic Animals Act 1994.
New subsection (1AA) provides that a declaration under
section 5A(1) remains in force until the later of the period
(if any) specified in the declaration or the revocation of the
declaration. This will enable the Minister to declare an
organisation to be an "applicable organisation" under
section 5A(1) for a fixed period. A person who is a member of
an applicable organisation may be entitled to certain benefits
under the Domestic Animals Act 1994.
Clause 4 Subclause (1) is consequential to the amendment made by
subclause (2).
Subclause (2) inserts new paragraph (b) after section 6(ab) of the
Domestic Animals Act 1994.
New paragraph (b) provides that the Minister may delegate his
or her power to register premises under section 58C, including
imposing terms, conditions, limitations or restrictions on that
registration, but not including any powers under section 58H in
relation to registration of premises. Section 58C provides for the
registration of a domestic animal business conducted by a
Council. Section 58H enables the Minister to refuse to register
or renew the registration of a premises or to refuse to transfer the
registration to a new premises or to suspend or revoke the
registration of premises in certain circumstances.
Clause 5 inserts new subsections (3) and (4) after section 33A(2) of the
Domestic Animals Act 1994.
New subsection (3) provides that if a Council accepts a dog that
is surrendered under section 33A(1) that has exhibited aggressive
behaviour or has been involved in or suspected of being involved
in a dog attack or that is considered to be a restricted breed dog
the Council must give the Secretary certain information about the
dog.
New subsection (4) provides that the Council must notify the
Secretary of the information under new subsection (3) within the
period of time after the dog is accepted by the Council specified
by the Minister for the purpose of new subsection (4) or, in any
other case, 28 days after the dog is accepted by the Council.
3
Clause 6 inserts new paragraph (a) before section 37(2)(b) of the Domestic
Animals Act 1994.
New paragraph (a) provides that if the municipal district in which
a dangerous dog is kept changes, the owner of the dog must
notify the Council of the municipal district in which the dog is
kept within 24 hours of the change. A maximum penalty of
20 penalty units applies for non-compliance.
Clause 7 Subclause (1) makes a minor amendment to section 41D(c) of the
Domestic Animals Act 1994 consequential to the insertion of
new section 41D(d) by subclause (2).
Subclause (2) inserts new paragraph (d) after section 41D(c) of
the Domestic Animals Act 1994.
New paragraph (d) provides that if the municipal district in which
a menacing dog is kept changes, the owner of the dog must notify
the Council of the municipal district in which the dog is kept
within 24 hours of the change. A maximum penalty of
20 penalty units applies for non-compliance.
Clause 8 inserts new section 41EB after section 41EA of the Domestic
Animals Act 1994.
New section 41EB provides that a person must not breed, or
consent or arrange for the breeding of, or recklessly allow the
breeding of, a dog (including a still-born dog) from a restricted
breed dog and provides a maximum penalty of 60 penalty units
or 6 months imprisonment for non-compliance.
Clause 9 Subclause (1) makes a minor amendment to section 41F(1)(b) of
the Domestic Animals Act 1994 consequential to the insertion of
new section 41F(1)(c) by subclause (2).
Subclause (2) inserts new paragraph (c) after section 41F(1)b) of
the Domestic Animals Act 1994.
New paragraph (c) provides that if the municipal district in which
a restricted breed dog is kept changes, the owner of the dog must
notify the Council of the municipal district in which the dog is
kept within 24 hours of the change. A maximum penalty of
20 penalty units applies for non-compliance.
4
Clause 10 inserts new paragraph (d) after section 44AG(c) of the Domestic
Animals Act 1994.
New paragraph (d) provides that a Council must inform the
Secretary within 7 days after receiving notification from an
owner of a dangerous dog, menacing dog or restricted breed dog
that there has been a change in the municipal district in which the
dog is kept. Amendments in clauses 6, 7 and 9 will require
owners of such dogs to notify the Council in those circumstances.
Clause 11 substitutes paragraph (b) of section 60(2) of the Domestic
Animals Act 1994.
Substituted paragraph (b) provides that the Minister's notice of a
proposal to make a Code must state that submissions may be
made to the Minister and that they must be made within the
period specified in the notice following publication of the notice,
which must not be less than 28 days.
Clause 12 Subclause (1) repeals section 63(1) of the Domestic Animals Act
1994. Section 63(1) is inconsistent with section 16A of the
Subordinate Legislation Act 1984 (which deals with the
publishing of legislative instruments) because it only requires
notice of the making of a Code to be published in the
Government Gazette rather than the whole Code.
Subclause (2) substitutes section 63(2) of the Domestic Animals
Act 1994. New subsection (2) provides that a Code comes into
operation on the later of the day specified in the Code (if any)
which may be on or after the day on which the Code is made or
the day that the Code is published in the Government Gazette.
Clause 13 Subclause (1) makes a minor amendment to section 74(2)(f) of
the Domestic Animals Act 1994 consequential to the insertion
of new section 74(2)(g) by subclause (2).
Subclause (2) inserts new paragraph (g) into section 74(2) of the
Domestic Animals Act 1994.
New paragraph (g) provides that an authorised officer appointed
by a Council under section 72 may take samples in accordance
with new section 74B (inserted by clause 14).
5
Clause 14 inserts new sections 74B and 74C after section 74A of the
Domestic Animals Act 1994.
New section 74B provides for an authorised officer to take
samples from a dog.
New section 74B(1) provides that if an authorised officer
reasonably suspects that an offence has been committed against
new section 41EB or section 29(1), (2), (3), (4), (5) or (6) in
relation to a dog the authorised officer may take a non-intimate
sample from a dog or arrange for a veterinary practitioner
(whether or not assisted by the authorised officer) to take an
intimate or non-intimate sample from the dog for the purposes of
determining whether the dog is involved in the offence.
Subsection (2) of new section 74B provides that an authorised
officer must not take a non-intimate sample or assist a veterinary
practitioner to take an non-intimate or intimate sample unless the
authorised office has completed a course of training approved by
the Minister and published in the Government Gazette.
Subsection (3) of new section 74B provides that if, in the opinion
of the authorised officer, a dog from which a sample is to be
taken is aggressive or difficult to manage, the authorised officer
may direct the owner of the dog to accompany the authorised
officer to a pound or other place where a sample can safely be
taken.
Subsection (4) of new section 74B provides that in new
section 74B authorised officer means an authorised officer who
is appointed section 72 or 72A, non-intimate sample means a
sample of a dog's saliva, fur, faeces or urine and intimate sample
means a sample of a dog's blood.
New section 74C provides for procedures for taking samples
under new section 74B.
Subsection (1) of new section 74C requires an authorised officer
who proposes to take a sample from a dog under new section 74B
to advise the owner that the sample is to be taken for analysis and
that the owner can nominate a person to analyse part of it. Part of
the sample must be forwarded to a person nominated by the
owner, another part forwarded for analysis to a qualified person
and another part kept for comparison. The remainder of the
sample must be returned to the owner if not required for the
purpose of proceedings.
6
Subsection (2) of new section 74C provides that a qualified
person means a person approved by the Secretary to conduct the
analysis of samples under new section 74B.
Clause 15 Subclause (1) inserts a new heading to section 76 of the
Domestic Animals Act 1994 to make it more general in nature.
Subclause (2) amends section 76(1)(c) of the Domestic Animals
Act 1994 to insert the exception of "reasonable excuse" into that
provision.
Subclause (3) amends section 76(1) of the Domestic Animals
Act 1994 to increase the penalty to 60 penalty units to align the
penalties under the full range of conduct captured by section 76,
as amended by subclause (4).
Subclause (4) inserts new subsections (3), (4) and (5) after
section 76(2) of the Domestic Animals Act 1994.
New subsection (3) provides that a person must not, without
reasonable excuse, obstruct or hinder or attempt to obstruct or
hinder an authorised officer in the discharge of his or her powers,
duties or functions under the Domestic Animals Act 1994 and
provides a maximum penalty of 60 penalty units for non-
compliance.
New subsection (4) provides that for the purposes of new
subsection (3) a reasonable excuse includes the failure of the
authorised officer to inform the person of the existence of the
offence before the authorised officer attempts to exercise the
power, or carry out the duty or function under the Domestic
Animals Act 1994.
New subsection (5) provides that a person must not, without
reasonable excuse, refuse admission to an authorised officer
exercising a power of entry under the Domestic Animals Act
1994 or a person assisting an authorised officer in exercising a
power of entry under the Domestic Animals Act 1994 and
provides a maximum penalty of 60 penalty units for non-
compliance.
Clause 16 inserts new sections 76B, 76C and 76D after section 76A of the
Domestic Animals Act 1994.
New section 76B provides for a requirement for a veterinary
practitioner to make documents available for inspection.
7
Subsection (1) provides that the Secretary, on the application of
an authorised officer who is appointed under section 72, may
give written approval to that officer to serve a notice under
subsection (2) on a veterinary practitioner.
Subsection (2) provides an authorised officer who is appointed by
a Council under section 72, who has obtained the approval of the
Secretary under subsection (1), may serve a notice on the
veterinary practitioner requiring the veterinary practitioner to
produce or make available for inspection any document in the
custody or possession of the veterinary practitioner which the
authorised officer believes on reasonable grounds to be relevant
to determining whether another person has committed an offence
against new section 41EB in the municipal district of the Council.
Subsection (3) provides that the notice must specify a time within
which the veterinary practitioner must produce or make the
document available for inspection and inform the veterinary
practitioner that it is an offence to fail to comply with the notice
unless compliance with the notice would tend to incriminate the
veterinary practitioner.
Subsection (4) provides that the notice must be served on the
veterinary practitioner.
Subsection (5) provides that the authorised officer may inspect,
take a copy of, or make an extract of, any document produced or
made available under subsection (2).
Subsection (6) provides that a veterinary practitioner must
comply with the notice within the time specified unless
compliance with the notice would tend to incriminate the
veterinary practitioner and provides a maximum penalty of
20 penalty units for non-compliance.
New section 76C provides for the approval of the Secretary for
an authorised officer to apply for a search warrant under new
section 76D.
New section 76C provides that the Secretary may give written
approval to an authorised officer to apply under new section 76D
to a magistrate for the issue of a search warrant in relation to
premises (including residential premises) from which a veterinary
practice is conducted.
New section 76D provides for the issue of a search warrant for a
document connected with the offence in new section 41EB.
8
New subsection (1) provides that an authorised officer, appointed
by a Council under section 72 and who has obtained the approval
of the Secretary under new section 76C, may apply to a
magistrate for the issue of a search warrant in relation to premises
referred to in section 76C if he or she believes on reasonable
grounds that a document that is relevant to determining whether
an offence has been committed against new section 41EB in the
municipal district of the Council is in or on the premises and has
not been produced or made available under a notice under new
section 76B.
Subsection (2) provides that the magistrate may issue a search
warrant authorising an authorised officer who is appointed under
section 72 by the Council for the municipal district in which an
offence under new section 41EB is alleged to have been
committed to enter and search a premises for a document relevant
to determining if the offence has been committed and to inspect
and copy the document.
Subsection (3) provides that a warrant issued under new
section 76D may authorise an authorised officer to enter a
premises that is not in the municipal district of the council that
appointed the authorised officer despite section 224(7) of the
Local Government Act 1989. Section 227(7) provides that an
authorised officer may enter any land or building in the
municipal district (of the Council that appointed the officer) at
any reasonable time to carry out and enforce various laws.
Subsection (4) provides that new section 84EB and sections 84F
and 84G of Domestic Animals Act 1994 apply to a search
warrant issued under new section 76C as if it were a search
warrant issued under Part 7A.
Section 84F provides for an announcement before entry and other
requirements which must be followed by an authorised officer on
executing a search warrant, unless specified circumstances apply.
Section 84G provides for details of a warrant to be given to the
occupier of premises or other person present at premises where a
search warrant is being executed.
Clause 17 amends the heading to Part 7A of the Domestic Animals Act
1994 to better reflect the matters dealt with in that Part.
9
Clause 18 inserts new section 84CA after section 84C of the Domestic
Animals Act 1994.
New section 84CA provides for the seizure of a dog involved in
a suspected breeding offence.
Subsection (1) provides that the Secretary, on the application
of an authorised officer who is appointed by a Council under
section 72, may give written approval to seize a dog under
subsection (2).
Subsection (2) provides that an authorised officer appointed by a
Council under section 72 who reasonably suspects that an offence
under new section 41EB has been committed in the municipal
district of that Council, with the approval of the Secretary under
subsection (1), may seize a dog, which cannot be seized under
section 79 or 80, to determine if the dog has been used, or is the
progeny of a dog used, in the alleged commission of that offence.
Subsection (3) provides that the authorised officer must return the
dog seized to its owner within 3 days after the seizure.
Subsection (4) provides that any reference in Part 7A (other than
under new section 84CA) to a dog seized under that Part or
words to that effect does not include a dog seized under new
section 84CA.
Clause 19 amends section 84E(1) to insert "(other than under
section 84CA)" after "under this Part" as new section 84EA is
being inserted to provide for warrants in respect of seizures under
new section 84CA.
Clause 20 substitutes new sections 84EA and 84EB for sections 84E(3), (4)
and (5) of the Domestic Animals Act 1994.
New section 84EA provides for a search warrant if the breeding
offence in new section 41EB is suspected of being committed.
Subsection (1) provides that the Secretary, on the application of
an authorised officer who is appointed under section 72 may give
written approval to that officer to apply under subsection (2) to a
magistrate for the issue of a search warrant in relation to a
person's residence.
Subsection (2) provides that an authorised officer who is
appointed by a Council under section 72, with the approval of the
Secretary under subsection (1) may apply to a magistrate for the
10
issue of a search warrant in relation to a person's residence, if the
officer believes on reasonable grounds that there is present in or
on the premises a dog that the authorised officer is entitled to
seize under new section 84CA or a document or thing that the
authorised officer believes on reasonable grounds is relevant to
determining if an offence under new section 41EB has been
committed in the municipal district of the Council.
Subsection (3) provides that a magistrate may issue a search
warrant authorising an authorised officer to enter premises and
search for and examine and if necessary seize a dog to determine
whether the dog is connected with the alleged commission of an
offence under new section 41EB and to take a sample from the
dog in accordance with new section 74B and to search for,
examine or seize documents or things that may be relevant to
determining if an offence under new section 41EB has been
committed.
Subsection (4) provides that a warrant issued under new
section 84EA may authorise an authorised officer to enter a
premises that is not in the municipal district of the council that
appointed the authorised officer despite section 224(7) of the
Local Government Act 1989. Section 227(7) provides that an
authorised officer may enter any land or building in the
municipal district (of the Council that appointed the officer) at
any reasonable time to carry out and enforce various laws.
Subsection (5) provides that any reference in Part 7A (other than
new section 84EA) to a dog seized under Part 7A or words to that
effect does not include a dog seized under new section 84EA.
New section 84EB re-enacts sections 84E(3), (4) and (5).
Subsection (1) provides that a search warrant issued under
Part 7A of the Domestic Animals Act 1994 must state the
purpose of the search, any conditions on the warrant, that entry to
the premises be made at a reasonable time and when the warrant
ceases to have effect.
Subsection (2) provides that, except as provided by the Domestic
Animals Act 1994, the rules to be observed with respect to
search warrants under the Magistrates' Court Act 1989 extend
and apply to search warrants under Part 7A.
11
Subsection (3) provides that despite section 78(1)(b)(iii) of the
Magistrates' Court Act 1989, a search warrant issued under
Part 7A of the Domestic Animals Act 1994 must not authorise
an authorised officer to arrest a person.
Clause 21 amends section 84F(1) of the Domestic Animals Act 1994 to
make it clear that it applies to any search warrant issued under
Part 7A.
Clause 22 amends section 84G of the Domestic Animals Act 1994 to make
it clear that the section applies to any search warrant issued under
Part 7A.
Clause 23 inserts new section 84GA after section 84G of the Domestic
Animals Act 1994.
New section 84GA provides for the seizure of documents or
things under Part 7A and is similar to section 75 of the Domestic
Animals Act 1994.
Subsection (1) provides that an authorised officer may not seize
any document or things under Part 7A unless the authorised
officer gives the person a receipt in the prescribed form for the
document or thing seized.
Subsection (2) provides that an authorised officer must take all
reasonable steps to return a seized document or thing to the
person from whom it was seized if the reason for its seizure no
longer exists or relevant proceedings have not commenced within
60 days after its seizure.
Subsection (3) provides that an authorised officer may apply to a
magistrate for an extension of the period for which a seized
document or thing may be kept.
Subsection (4) provides that an application under subsection (3)
must be made within 60 days of the seizure of the document or
thing, or if an extension has been made, within the extended
period.
Subsection (5) provides that the Magistrates' Court may order an
extension if the Court is satisfied that the retention of the
document or thing is necessary for the purposes of an
investigation into whether an offence has been committed or to
enable evidence of an offence to be secured for the purposes of
a prosecution.
12
Subsection (6) provides that the Magistrates' Court may adjourn
an application under this section to enable notice of the
application to be given to any person.
Clause 24 inserts new subsections (2) and (3) into section 84T of the
Domestic Animals Act 1994.
New subsection (2) provides that a Council must notify the
Secretary of certain information after destroying a dog believed
to be a restricted breed dog under subsection (1) and whose
owner is unknown.
New subsection (3) provides a notice under subsection (2) must
be given by the Council within any period specified by the
Minister or within 28 days after the dog was destroyed.
Clause 25 inserts new Division 7A after Division 7 in Part 7A of the
Domestic Animals Act 1994.
New Division 7A provides for the disqualification of a person
from owning or being in charge or control of a dog in certain
circumstances.
New section 84XA(a) provides that if a person has been
convicted, found guilty or found not guilty because of mental
impairment, of an offence against section 28, 29(1), (2), (3) or (4)
the Magistrates' Court may, in addition to or instead of any other
penalty, order that the person be disqualified from owning or
being in charge or control of a dog or that certain conditions
apply to the person whenever the person is in charge or control
of a dog.
New section 84XB provides for a search warrant where there is
a failure to comply with a court order under new section 84XA.
Subsection (1) provides that an authorised officer who is
appointed by a Council under section 72 may apply to a
magistrate for the issue of a search warrant in relation to premises
(including residential premises) in the municipal district of that
Council, if the officer believes on reasonable grounds that a
person is holding a dog on the premises in contravention of an
order under new section 84XA.
Subsection (2) provides that a magistrate may issue a search
warrant authorising an authorised officer who is appointed under
section 72 by the Council for the municipal district in which the
13
premises is located to enter premises, to search for, seize and
dispose of the dog in accordance with the warrant.
New section 84XC provides that if the Magistrates' Court has
made an order under new section 84XA, it may suspend the order
in certain circumstances.
New section 84XD provides that a person subject to an order
under new section 84XA may apply for variation, suspension or
revocation of the order no earlier than 12 months after the order
is made.
New section 84XE provides that the Magistrates' Court may vary,
suspend or revoke an order under new section 84XA having
regard to certain factors.
New section 84XF provides that if the Magistrates' Court makes
an order for variation under new section 84XE(1)(a) or refuses
the application under new section 84XE(1)(d), the applicant must
not make another application under new section 84XD for
another 12 months.
New section 84XG provides that if a person is disqualified under
an order under new section 84XA (1)(a) and, during the period of
disqualification, the Magistrates' Court makes a further order
under that section in respect of that person, the further order takes
effect immediately after the end of the period of disqualification
fixed by the initial order.
New section 84XH provides that a person who is subject to an
order under new section 84XA must comply with the order and
provides a maximum penalty of 240 penalty units or 2 years
imprisonment for non-compliance.
Clause 26 inserts new section 95A after section 95 of the Domestic
Animals Act 1994.
New section 95A provides that despite section 7 of the Criminal
Procedure Act 2009, proceedings for an offence against
section 41EB may be commenced within the period of three
years after the commission of the alleged offence.
Clause 27 amends section 98(2A) of the Domestic Animals Act 1994.
The affect of this amendment is that an application by an owner
of a dog for review of a decision by an authorised officer under
section 98A to declare the dog a restricted breed dog must be
made within 14 days instead of 28 days.
14
Clause 28 inserts new section 98AAA after section 98 of the Domestic
Animals Act 1994.
New section 98AAA provides that the Victorian Civil and
Administrative Tribunal may make an order that the owner of a
dog pay the reasonable costs and expenses incurred by the
Council or a person or body in retaining custody of the dog after
its seizure under Part 7A if the Tribunal affirms the decision of
an authorised officer under section 98A to declare the dog a
restricted breed dog and the dog is no longer to be retained in
custody.
Clause 29 inserts new subsection (4) after section 98A(3) of the Domestic
Animals Act 1994.
New subsection (4) provides that if a declaration is made under
section 98A(1) to the effect that a dog is a restricted breed dog,
then for the purposes of any proceedings under the Domestic
Animals Act 1994, including a proceeding in the Tribunal, it is
presumed, in the absence of evidence to the contrary, that the dog
is a restricted breed dog if at the time of the making of the
declaration the authorised officer who made the declaration had
completed a course of training for the purposes of making such
declarations that had been approved by the Minister and the
approval had been published in the Government Gazette.
Clause 30 substitutes a new heading for Part 8 of the Domestic Animals
Act 1994 so that it covers additional matters as well as reviews of
the Victorian Civil and Administrative Tribunal.
Clause 31 inserts new section 100A after section 100 of the Domestic
Animals Act 1994.
New section 100A provides that a Council must give certain
information to the Secretary where the Victorian Civil and
Administrative Tribunal sets aside the declaration of a dog as a
dangerous, menacing or restricted breed dog.
Subsection (1) provides that if the Victorian Civil and
Administrative Tribunal or the Supreme Court sets aside a
decision by a Council to declare a dog to be dangerous dog or a
menacing dog or a decision of an authorised officer of a Council
to declare a dog to be a restricted breed dog in proceedings for
review of decision, the Council must notify the Secretary of the
decision of the Tribunal or Court.
15
Subsection (2) provides that a notice under subsection (1) must
contain certain information relating to the declaration that was set
aside by the Victorian Civil and Administrative Tribunal.
Subsection (3) provides that a notice under subsection (1) must
be made within any period specified by the Minister or 28 days
after the declaration was set aside.
Clause 32 amends the heading to Division 9AA in Part 1 of the Crimes Act
1958 so that it encompasses the new provisions being inserted by
clause 35.
Clause 33 inserts a subdivision heading before section 319A of the Crimes
Act 1958.
Clause 34 subclause (1) amends section 319C(1) of the Crimes Act 1958 to
make the wording of the penalty consistent with the wording of
section 319B(1) and (2). The penalty is not altered.
Subclause (2) amends section 319C(2) of the Crimes Act 1958
to make the wording of the penalty consistent with the wording
of section 319B(1) and (2). The penalty is not altered.
Clause 35 inserts new sections 319D to 319L after section 319C of the
Crimes Act 1958.
New sections 319D to 319L provide for the disqualification of a
person from owning or being in charge or control of a dog in
certain circumstances.
New section 319D provides that if a person has been convicted,
found guilty or found not guilty because of mental impairment, of
an offence against section 319B(1), 319B(2), 319C(1) or 319C(2)
the court may, in addition to or instead of any other penalty,
order that the person be disqualified from owning or being in
charge or control of a dog or that certain conditions apply to the
person whenever the person is in charge or control of a dog.
New section 319E provides for a search warrant for failure to
comply with a court order under new section 319D.
Subsection (1) provides that an authorised officer who is
appointed by a Council under section 72 of the Domestic
Animals Act 1994 may apply to a magistrate for the issue of a
search warrant in relation to premises (including residential
premises) in the municipal district of that Council, if the officer
believes on reasonable grounds that a person is holding a dog
16
on the premises in contravention of an order under new
section 319D.
Subsection (2) provides that a magistrate may issue a search
warrant authorising an authorised officer who is appointed under
section 72 by the Council for the municipal district in which the
premises is located to enter premises, to search for, seize and
dispose of the dog in accordance with the warrant.
New section 319F provides that for the purposes of new
section 319E, new section 84EB and sections 84F and 84G of
the Domestic Animals Act 1994 apply as if a reference in those
sections to a search warrant issued under Part 7A were a
reference to a search warrant issued under new section 319E.
New section 319G provides that a court that has made an order
under new section 319D may suspend the order in certain
circumstances.
New section 319H provides that a person subject to an order
under section 319D may apply for variation, suspension or
revocation of the order no earlier than 12 months after the order
is made.
New section 319I provides for a court to vary, revoke or suspend
an order under section 319D having regard to certain factors.
New section 319J provides that if a court makes an order for
variation under section 319I(1)(a) or refuses the application
under section 319I(1)(d), the applicant must not make another
application under new section 319H for another 12 months.
New section 319K provides that if a person is disqualified under
an order under section 319D(a) and, during the period of
disqualification, a court makes a further order under that section
in respect of that person, the further order takes effect
immediately after the end of the period of disqualification fixed
by the initial order.
New section 319L provides that a person who is subject to an
order under section 319D must comply with the order and
provides a maximum penalty of 240 penalty units or 2 years
imprisonment for non-compliance.
17
Clause 36 provides for the automatic repeal of the amending Act on 1 July
2015.
The repeal of the amending Act does not affect in any way the
operation of the amendments made by that Act (see section 15(1)
of the Interpretation of Legislation Act 1984).
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