New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998

- As at 15 August 2024 
- Act 87 of 1998 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      (Repealed)
   3A.     Principal object of Act
   4.      Policy regarding animal welfare
   5.      Definitions
   6.      Meaning of "local authority"
   6A.     General duties of councils
   6B.     Duty to provide certain information to councils
   7.      Meaning of "owner"

   PART 2 - COMPULSORY IDENTIFICATION AND REGISTRATION OF COMPANION ANIMALS

   8.      Identification required from 12 weeks of age and before sale
   9.      Registration required from age 6 months
   10.     Regulations may require registration
   10A.    (Repealed)
   10B.    Notice requiring companion animal to be registered
   11.     Owner required to notify certain changes and events
   11A.    Duties of councils in relation to companion animals killed by traffic

   PART 2A - ANNUAL PERMITS FOR CERTAIN COMPANION ANIMALS

           Division 1 - Requirement for permit

   11B.    Annual permit required for cats that are not desexed
   11C.    Annual permit required for dangerous dogs
   11D.    Annual permit required for restricted dogs
   11E.    Notice requiring permit for companion animal
   11F.    Exemptions for animals in custody of rehoming organisations
   11G.    Further exemptions
   11H.    Continuing offences

           Division 2 - Permit scheme

   11I.    Application for permit
   11J.    Issuing of permit
   11K.    Conditions of permit
   11L.    Term of permit
   11M.    Sale of animal subject to permit

           Division 3 - General

   11N.    Regulations--permits

   PART 3 - RESPONSIBILITIES FOR CONTROL OF DOGS

           Division 1 - General responsibilities

   12.     Dog to wear collar and tag
   12A.    Preventing dog from escaping
   13.     Responsibilities while dog in public place
   14.     Dogs prohibited in some public places
   14A.    Dogs not prohibited in outdoor dining areas in certain circumstances
   15.     Certain breeds of dogs to be muzzled
   16.     Offences where dog attacks person or animal
   17.     Dog must not be encouraged to attack
   18.     Dog that has attacked or bitten may be secured or seized
   19.     (Repealed)
   20.     Dogs defecating in public place
           21, 21A.
   22.     Action to protect persons and property against dogs
   23.     Disqualification from owning or being in charge of dog
   24.     Appeal against disqualification from owning or being in charge of dog

           Division 2 - Liability for injury or death caused by dog

   25.     Liability for injury to person or damage to personal property
   26.     Continuation of liability when person dies from dog attack
   27.     Liability for injury to animal
   28.     Contributory negligence

   PART 4 - RESPONSIBILITIES FOR CONTROL OF CATS

   29.     Cats must have form of identification
   30.     Cats prohibited in some public places
   31.     Nuisance cats
   31A.    Procedure for issuing nuisance cat order
   32.     Action to protect persons and animals against cats

   PART 5 - SPECIAL PROVISIONS RELATING TO CONTROL OF DOGS

           Division 1A - Nuisance dogs

   32A.    Nuisance dogs
   32B.    Procedure for issuing nuisance dog order

           Division 1 - Declarations relating to dangerous and menacing dogs

   33.     Meaning of "dangerous"
   33A.    Meaning of "menacing" and "menacing breed or kind of dog"
   34.     Authorised officer may declare dog to be dangerous dog or menacing dog
   35.     Owner to be notified of proposed declaration
   36.     Obligations of owner when notified of proposed declaration
   37.     Authorised officer must consider dog owner's objections
   38.     Authorised officer to notify dog owner of decision and consequences
   39.     Council can revoke declaration
   40.     Departmental Chief Executive to be notified of making or revocation of declaration
   41.     Appeal to Local Court regarding dangerous dog declarations
   42.     Determination of appeals by Local Court
   43.     (Repealed)

           Division 2 - Power of Local Court to declare dogs dangerous or menacing

   44.     Local Court has power to declare dog to be dangerous or menacing dog
   45.     When Local Court can declare dog to be dangerous or menacing dog
   46.     Revocation of Local Court declaration

           Division 3 - Powers of Courts to make destruction and control orders

   47.     Control orders
   48.     Destruction orders
   49.     Failure to comply with destruction or control order
   50.     Ancillary orders to enable destruction order to be carried out

           Division 4 - Responsibilities of owners of dangerous or menacing dogs

   51.     Owner of dangerous or menacing dog must comply with control requirements
   52.     Dangerous or menacing dog may be seized if control requirements not complied with
   52A.    Prohibition on selling dangerous or menacing dog or proposed dangerous or menacing dog
   52B.    Prohibition on accepting ownership of dangerous or menacing dog or proposed dangerous or menacing dog
   53.     Inconsistency with agreements
   54.     Civil liability of owner of dangerous or menacing dog

           Division 5 - Special restrictions for other dogs

   55.     Interpretation
   56.     Owner of restricted dog must comply with control requirements
   57.     Restricted dog may be seized if control requirements not complied with
   57A.    Prohibition on selling restricted dog or proposed restricted dog
   57B.    Prohibition on accepting ownership of restricted dog or proposed restricted dog
   57C.    Prohibition on breeding restricted dog or proposed restricted dog
   57D.    Declared restricted dogs may be seized and destroyed after transition period
   58.     Civil liability of owner of restricted dog

           Division 6 - Declaration of dogs as restricted dogs

   58A.    Notice of intention to declare dog to be restricted dog
   58B.    Obligations of owner when notified of proposed restricted dog declaration
   58C.    Authorised officer may declare dog to be restricted dog
   58D.    Authorised officer to notify dog owner of decision and consequences
   58DA.   Departmental Chief Executive to be notified of making or revocation of declaration
   58E.    Protection from liability of assessors
   58F.    Persons authorised to provide certain information to councils

           Division 7 - Other provisions relating to dangerous, menacing and restricted dogs

   58G.    Power to seize and destroy dangerous, menacing or restricted dog in certain circumstances
   58H.    Certificate of compliance required for dangerous and restricted dog enclosures
   58I.    Miscellaneous provisions relating to declarations

   PART 6 - ASSISTANCE ANIMALS

   59.     Person with a disability entitled to be accompanied by assistance animal
   60.     Assistance animal not to be denied entry
   61.     Unlawful to impose charge for entry of assistance animal

   PART 7 - PROCEDURES FOR DEALING WITH SEIZED OR SURRENDERED ANIMALS
   Note

   62A.    Interpretation
   62.     Seized animals must be delivered to owner, council pound or approved premises
   63.     Owner of seized or surrendered animal to be notified
   63A.    Seized animals detained at approved premises
   64.     Unclaimed seized or surrendered animal may be sold or destroyed
   64A.    Animals surrendered by owners may be sold or destroyed
   64B.    Rehoming seized or surrendered animals
   65.     Fees and charges payable when animal detained or held
   66.     Owner not entitled to compensation for sale of animal
   67.     Recovery of fees and charges when animal destroyed
   67A.    Reporting on pound activities
   68.     Offence of rescuing seized animal
   69.     Protection of council and council officers

   PART 7A - ENFORCEMENT POWERS

           Division 1 - Powers of entry

   69A.    Powers of authorised officers to enter property
   69B.    Powers of authorised officers to do things on entered property
   69C.    Use of assistants and reasonable force
   69D.    Search warrants

           Division 2 - General

   69E.    Power to ascertain identification information of companion animals
   69F.    Identification of authorised officers of councils
   69G.    Requirement to state name and address
   69H.    Obstructing authorised officer

   PART 8 - IDENTIFICATION AND REGISTRATION PROCEDURES

   70.     Identification
   71.     Registration
   72.     Certificate of registration
           73-75. (Repealed)
   76.     Interfering with identification of animal
   77.     (Repealed)

   PART 9 - THE REGISTER OF COMPANION ANIMALS

           Division 1 - Preliminary

   78.     Definitions

           Division 2 - Keeping of Register

   79.     The Register
   80.     Information on the Register

           Division 3 - Access to Register

   81.     Access to Register to be provided free of charge
   82.     Limited access by owners of companion animals
   83.     Limited access by members of public
   83A.    Unrestricted access by Minister
   83B.    General access by Secretary and persons authorised by that Secretary
   83C.    General access by certain employees of local authorities
   83D.    Limited access by contractors approved by local councils
   83E.    Limited access by veterinary practitioners or their employees
   83F.    Departmental Chief Executive may approve other persons to access the Register
   83G.    Regulations can authorise general or limited access by other specified officers and persons
   83H.    Regulations--access to Register
   83I.    Departmental Chief Executive may issue guidelines about access to Register

           Division 4 - Arrangements about Register

   83J.    Agreements about Register
   83K.    Exchange of information with other Australian jurisdictions

           Division 5 - Miscellaneous

   83L.    Certificates relating to Register
   83M.    Allocation of breeder identification numbers
   83N.    Allocation of rehoming organisation numbers

   PART 10 - COMPANION ANIMALS FUND

   84.     Establishment of Fund
   85.     Payments from the Fund
   86.     Investment of money in Fund

   PART 11 - GENERAL

   86A.    Ear-marking or tattooing of animals
   87.     Act binds Crown
   88.     Delegation by Departmental Chief Executive
   88A.    Advisory committees
   88B.    Designation of organisations as rehoming organisations
   89.     Confidentiality of certain information
           90, 91. (Repealed)
   92.     Penalty notices
   93.     Proceedings for offences
   94.     Double jeopardy
   95.     Fees and charges
   95A.    How notice is to be given to owners
   96.     Regulations
   97.     Review of Act
   98.     Savings and transitional provisions
   99.     (Repealed)
           Schedule 2 (Repealed)
           SCHEDULE 3
           Schedule 4 (Repealed)