Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 84AO

    (1)     A cat's keeper or carer commits an offence if—

        (a)     the cat is in an area for which a declaration under section 84AN (a declared containment area ) is in force; and

        (b)     the cat is not confined to the premises of the keeper or carer.

Maximum penalty: 10 penalty units.

    (2)     A cat's keeper or carer commits an offence if—

        (a)     the cat is in an area other than a declared containment area; and

        (b)     the cat is not confined to the premises of the keeper or carer.

Maximum penalty: 10 penalty units.

    (3)     An offence against subsection (1) or (2) is a strict liability offence.

    (4)     Subsections (1) and (2) do not apply—

        (a)     if the keeper or carer has a reasonable excuse; or

        (b)     if the cat is effectively controlled by the keeper or carer using a leash and harness.

    (5)     Also, subsection (2) does not apply—

        (a)     if the cat is registered under this division before 1 July 2022; or

        (b)     if a document shows that the cat was born before 1 July 2022; or

        (c)     to an entity exempted under section 84AP; or

        (d)     if another exception prescribed by regulation applies.

Examples—par (b)

1     veterinary record

2     written opinion from a veterinary practitioner about the cat's age

3     document about the purchase or transfer of the cat

4     record about the cat's microchipping

Note     The defendant has an evidential burden in relation to the matters mentioned in ss (4) and (5) (see Criminal Code

, s 58).

    (6)     In this section:

"premises" means a completely or partly enclosed space from which a cat cannot escape, and includes the following:

        (a)     a building or part of a building;

        (b)     a vehicle;

        (c)     a cat cage;

        (d)     a backyard or courtyard.