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ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - As at 26 May 2017 - Act 74 of 2008


TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   PART 1 - INTRODUCTION

   1.      Short title
   2.      Commencement

   PART 2 - PURPOSES AND APPLICATION OF ACT

           Division 1 - Purposes

   3.      Purposes of Act
   4.      How purposes are to be primarily achieved

           Division 2 - Application

   5.      Act binds all persons
   6.      Relationship with local laws
   7.      Act does not affect other rights or remedies

   PART 3 - INTERPRETATION

           Division 1 - Dictionary

   8.      Definitions

           Division 2 - Key definitions

   9.      Who is an owner of a cat or dog
   10.     Who is a responsible person for a dog
   11.     What is a cat or dog
   12.     Identification devices under Act
   12A.    When a person breeds a dog

CHAPTER 2 - IDENTIFICATION OF CATS AND DOGS

   PART 1 - PRESCRIBED PERMANENT IDENTIFICATION DEVICES

           Division 1 - Obligation on owner of cat or dog

   13.     (Repealed)
   14.     Owner must ensure cat or dog is implanted
   15.     (Repealed)
   16.     Notice of changed PPID information

           Division 2 - (Repealed)

           Division 3 - Implanting PPIDs

              Subdivision 1 - General restriction

   21.     Only authorised implanter may implant PPID

              Subdivision 2 - Requirements for authorised implanters

   22.     Electronic identification device that is not a PPID must not be implanted
   23.     Requirements for PPID
   24.     Age restriction for implanting PPID
   25.     PPID information must be given to licence holder
   26.     PPID information must be kept

              Subdivision 3 - Regulation of authorised implanters

   27.     Chief executive may suspend or prohibit
   28.     Grounds for suspension or prohibition
   29.     Show cause notice
   30.     Representations about show cause notice
   31.     Ending show cause process without further action
   32.     Suspension or prohibition
   33.     Immediate suspension

           Division 4 - Removing PPIDs

   34.     PPID must not be removed or otherwise interfered with

           Division 5 - PPID registry services

   35.     Person must not offer or provide PPID registry service
   36.     Licence holder’s obligations

           Division 6 - Giving identifying information and PPID information

   37.     Authorised implanter may give identifying information or PPID information to particular persons
   38.     Licence holder may give identifying information or PPID information to particular persons
   39.     Relevant local government may give identifying information to particular persons

           Division 7 - Pound or shelter operators

   40.     Operator must ensure cat or dog is scanned
   41.     Protection of particular persons dealing with cat or dog

   PART 2 - DESEXING TATTOOS

   42.     Desexed cat or dog must be tattooed
   43.     Person must not tattoo an undesexed cat or dog

CHAPTER 2A - REGISTRATION OF DOG BREEDERS AND RELATED MATTERS

   PART 1 - PRELIMINARY

   43A.    Definitions for chapter
   43B.    Who is an accredited breeder
   43C.    What is an accreditation number
   43D.    Who is an ineligible person

   PART 2 - REGISTRATION OF DOG BREEDERS

           Division 1 - Registration

   43E.    Registration obligation
   43F.    Applying for registration
   43G.    Registration of person as registered breeder
   43H.    Period of registration
   43I.    No transfer of registration

           Division 2 - Renewal of registration

   43J.    Chief executive must give renewal notice
   43K.    Applying for renewal of registration
   43L.    Renewal of registration
   43M.    Period of renewal of registration

           Division 3 - Amendment of registration

   43N.    Registered breeder must give chief executive changed information
   43O.    Chief executive must record changed information and give notice of change

           Division 4 - Suspension or cancellation of registration

   43P.    Grounds for suspension or cancellation
   43Q.    Show cause notice
   43R.    Representations about show cause notice
   43S.    Ending show cause process without further action
   43T.    Suspension or cancellation
   43U.    Immediate suspension

   PART 3 - APPROVED ENTITIES

   43V.    Definition for part
   43W.    Approved entity may be prescribed

CHAPTER 2B - SUPPLY OF CATS AND DOGS

   PART 1 - PRELIMINARY

   43X.    What is a dog’s relevant supply number

   PART 2 - REQUIREMENT FOR CAT OR DOG TO BE IMPLANTED

   43Y.    Supplier must ensure cat or dog is implanted

   PART 3 - REQUIREMENT FOR RELEVANT SUPPLY NUMBER FOR DOG

   43Z.    Supplier must know dog has relevant supply number
   43ZA.   Exceptions for supply of dog
   43ZB.   Advertiser must know dog has relevant supply number
   43ZC.   Advertisement must include relevant supply number
   43ZD.   Exceptions for advertising supply of dog
   43ZE.   Printer or publisher not liable in particular circumstances

   PART 4 - REQUIREMENT TO GIVE PARTICULAR DETAILS

   43ZF.   Supplier of dog must give particular details

   PART 5 - EXEMPTION NUMBERS FOR SUPPLY OF DOGS

           Division 1 - Preliminary

   43ZG.   Eligible person—primary producer
   43ZH.   Eligible person—prescribed person
   43ZI.   Eligible person—owner or responsible person

           Division 2 - Applications for exemption numbers

   43ZJ.   Applying for exemption number
   43ZK.   Deciding application
   43ZL.   Failure to decide application
   43ZM.   Chief executive must issue exemption number

CHAPTER 3 - DOG REGISTRATION

   PART 1 - PARTICULAR PERSON’S OBLIGATIONS

   44.     Registration obligation
   45.     Dog must bear identification in particular circumstances

   PART 2 - HOW DOG IS REGISTERED

   46.     What owner must do
   47.     What registration form must state
   48.     Chief executive officer may ask for further information
   49.     Relevant local government must give registration notice
   50.     Duration of registration
   51.     Local government must keep registration form and information
   52.     Registration fee must be fixed to give desexing incentive
   53.     Registration fee to be used for achievement of Act’s purposes

   PART 3 - AMENDMENT OF REGISTRATION

   54.     Amendment of registration
   55.     Relevant local government must give notice of change

   PART 4 - RENEWAL OF REGISTRATION

   56.     Relevant local government must give renewal notice
   57.     What owner must do
   58.     Relevant local government’s obligations if owner complies

CHAPTER 4 - REGULATED DOGS

   PART 1 - PRELIMINARY

           Division 1 - Purpose and application of chapter

   59.     Purpose of ch 4 and its achievement

           Division 2 - Interpretation

   60.     What is a regulated dog
   61.     What is a declared dangerous dog
   62.     What is a declared menacing dog
   63.     What is a restricted dog
   63A.    Provisions for deciding what is a breed of dog
   64.     When a regulated dog is under effective control

   PART 2 - GENERAL RESTRICTIONS AND PROHIBITIONS

           Division 1 - Application of part

   65.     Application of pt 2

           Division 2 - General prohibitions

   66.     Prohibition on supply of restricted dog
   67.     Prohibition on supply of declared dangerous dog or menacing dog
   68.     Abandonment prohibited

           Division 3 - Restricted dogs and declared dangerous dogs only

   69.     Prohibition on breeding
   70.     Compulsory desexing of declared dangerous dog or restricted dog

           Division 4 - Restricted dogs only

   71.     Permit required for restricted dog

   PART 3 - RESTRICTED DOG PERMITS

           Division 1 - Obtaining permit for restricted dog

              Subdivision 1 - Permit applications

   72.     Who may apply for permit
   73.     Requirements for application
   74.     Inquiries into application for permit
   75.     Deciding application
   76.     Criteria for decision

              Subdivision 2 - Action after decision on application

   77.     Grant of application
   78.     Duration of permit
   79.     Notice of refusal of permit application

           Division 2 - Permit conditions

   80.     Operation of div 2
   81.     Obligation to comply with permit conditions under sch 1

           Division 3 - Renewal of permit

   82.     When permit may be renewed
   83.     Requirements for renewal application
   84.     Deciding renewal application
   85.     Duration of renewed permit

           Division 4 - Amendment of permits

   86.     Application for change of place for permit
   87.     Amendment by relevant local government

           Division 5 - Miscellaneous

   88.     No transfer of restricted dog permit

   PART 4 - REGULATED DOG DECLARATIONS

   89.     Power to make declaration
   90.     Notice of proposed declaration
   91.     Proposed declaration notice does not limit other powers
   92.     Withdrawing proposed declaration notice
   93.     Owner’s obligation if proposed declaration notice in force
   94.     Making declaration
   95.     Notice and taking effect of declaration

   PART 5 - APPLICATION OF PARTICULAR PERMIT CONDITIONS FOR DECLARED DANGEROUS OR MENACING DOGS

   96.     Operation of pt 5
   97.     Declared dangerous dogs
   98.     Declared menacing dogs

   PART 6 - MISCELLANEOUS PROVISIONS

   99.     Failure to decide application taken to be refusal
   100.    Surrender of regulated dog
   101.    Defence for regulated dog owner
   102.    Recovery of seizure or destruction costs
   103.    Cost of regulated dog enclosure—dividing fence

CHAPTER 5 - INVESTIGATION, MONITORING AND ENFORCEMENT

   PART 1 - AUTHORISED PERSONS

   104.    Appointment and qualifications
   105.    Appointment conditions and limit on powers
   106.    Issue of identity card
   107.    Production or display of identity card
   108.    When authorised person ceases to hold office
   109.    Resignation
   110.    Return of identity card

   PART 2 - ENTRY TO PLACES

           Division 1 - Powers of entry

   111.    General power to enter places
   112.    Additional entry powers for particular dogs
   113.    Approval of inspection program authorising entry
   114.    Notice of proposed inspection program
   115.    Access to program

           Division 2 - Entry procedures

              Subdivision 1 - Consent

   116.    Entry with consent

              Subdivision 2 - Warrants

   117.    Application for warrant
   118.    Issue of warrant
   119.    Application by electronic communication and duplicate warrant
   120.    Defect in relation to a warrant
   121.    Warrants—procedure before entry

              Subdivision 3 - Entry under other powers other than for public places

   122.    Procedure for other entries

   PART 3 - POWERS ON ENTRY

   123.    General powers after entering places
   124.    Power to require reasonable help
   125.    Seizure powers for dogs

   PART 4 - SEIZED DOGS

   126.    Application of pt 4
   127.    Power to destroy seized regulated dog
   127A.   Concurrent regulated dog declaration and destruction order
   128.    Receipt for dog in particular circumstances
   129.    Access to seized dog
   130.    Return of particular dog
   131.    Return of particular dog to registered owner

   PART 5 - COMPLIANCE NOTICES FOR REGULATED DOG OFFENCES

   132.    Power to give compliance notice
   133.    Requirements for giving notice
   134.    Failure to comply with notice

   PART 6 - MISCELLANEOUS PROVISIONS

   135.    References in ch 5 to local government and authorised person
   136.    Impersonating authorised person
   137.    Obstruction of authorised person
   138.    Authorised person may ask police officer for help in exercising particular powers
   139.    Power to require name and address
   140.    Failure to comply with personal details requirement
   140A.   Power to require information
   140B.   Offence to contravene information requirement
   141.    Authorised person to give notice of damage
   142.    Compensation

CHAPTER 6 - PPID REGISTRY LICENCES

   PART 1 - HOW LICENCE IS OBTAINED

   143.    Application for licence
   144.    What application must state
   145.    Consideration of application
   146.    Criteria for granting application
   147.    Suitability of person to be licence holder
   148.    Inquiries into application for licence
   149.    Decision on application for licence
   150.    Failure to decide application for licence
   151.    Duration of licence

   PART 2 - PROVISIONS OF LICENCE

   152.    Mandatory conditions for licences
   153.    Licence holder must comply with licence conditions
   154.    Form of licence

   PART 3 - RENEWAL OF LICENCES

   155.    Application for renewal of licence
   156.    Inquiries into application for renewal of licence
   157.    Licence taken to be in force while renewal application is considered

   PART 4 - AMENDMENT OF LICENCES

   158.    Application for amendment of licence
   159.    Inquiries into application for amendment

   PART 5 - SUSPENSION OR CANCELLATION OF LICENCES

   160.    Chief executive may impose suspension or cancel
   161.    Grounds for suspension or cancellation
   162.    Show cause notice
   163.    Representations about show cause notices
   164.    Ending show cause process without further action
   165.    Suspension or cancellation
   166.    Immediate suspension
   167.    Return of suspended or cancelled licence to chief executive
   168.    Effect of suspension or cancellation of licence

   PART 6 - OTHER PROVISIONS ABOUT LICENCES

   169.    Surrender of licence
   170.    Application for replacement of licence
   171.    Decision about application for replacement of licence

CHAPTER 7 - REGISTERS

   PART 1 - REGISTERS KEPT BY CHIEF EXECUTIVE

           Division 1 - Registers to be kept

   172.    Chief executive must keep regulated dog register
   172A.   Chief executive must keep licence holder register
   172B.   Chief executive must keep breeder register
   172C.   Chief executive may decide way registers to be kept

           Division 2 - Publication of particular information contained in registers

   172D.   Licence holder register
   172E.   Breeder register

           Division 3 - Inspection of registers

   173.    Who may inspect regulated dog register
   173A.   Who may inspect licence holder register
   173B.   Who may inspect breeder register
   173C.   Personal information on breeder register
   173D.   Requesting copy of information

           Division 4 - Giving of information

   174.    Chief executive officer must give information
   175.    Chief executive officer must give information about owner
   176.    Chief executive may ask for confirmation of particular information

   PART 2 - REGISTERS KEPT BY LOCAL GOVERNMENT

   177.    Registers comprising dog registry
   178.    General register
   179.    Public access to registers

CHAPTER 8 - REVIEWS

   PART 1 - INTERNAL REVIEW OF DECISIONS

   180.    Internal review process before external review
   181.    Who may apply for internal review
   182.    Requirements for making designated review application
   183.    Requirements for making general review application
   184.    Stay of operation of original decision
   185.    Designated review decision
   185A.   Internal review of concurrent regulated dog declaration and destruction order
   186.    Other internal review decisions
   187.    Notice of designated decision or internal review decision

   PART 2 - EXTERNAL REVIEWS

   188.    Who may apply for external review
   189.    Condition on stay granted by QCAT for particular decisions
   190.    (Repealed)
   191.    (Repealed)
   192.    (Repealed)
   193.    (Repealed)

CHAPTER 9 - MISCELLANEOUS PROVISIONS

   PART 1 - GENERAL OFFENCES

   194.    Relevant person must ensure dog does not attack or cause fear
   195.    Prohibition on allowing or encouraging dog to attack or cause fear
   196.    Defences for offence against s 194 or 195

   PART 2 - GREYHOUNDS

   197.    Muzzling decommissioned greyhounds in public places

   PART 2A - DESTRUCTION OF PARTICULAR DOGS

   197A.   Destruction of particular dogs

   PART 3 - LEGAL PROVISIONS

           Division 1 - Evidence generally

   198.    Evidentiary value of copies
   199.    Evidentiary value of certificates
   199A.   Evidentiary aid—certificate by chief executive

           Division 2 - Evidence for proceedings

   200.    Application of div 2
   201.    Appointments and authority
   202.    (Repealed)
   203.    Other evidentiary aids

           Division 3 - Other provisions

   204.    False or misleading information

   PART 4 - DELEGATION OF POWERS

   205.    Delegation by chief executive
   206.    Delegation by chief executive officer

   PART 5 - MISCELLANEOUS

   207.    References to right to enter
   207A.   Chief executive (transport) must disclose information
   207B.   Sharing of information with particular persons
   207C.   Use of information by particular persons
   208.    Payment of penalties for offences against particular provisions
   209.    Approval of forms
   210.    Regulation-making power

CHAPTER 10 - TRANSITIONAL PROVISIONS

   PART 1 - TRANSITIONAL PROVISIONS FOR ACT NO. 74 OF 2008

   211.    Deferral for particular local governments
   212.    Restricted dog registers
   213.    Cats and dogs implanted before commencement
   214.    Regulated dogs must be implanted with a PPID
   215.    Desexed cat or dog at commencement need not be tattooed for desexing
   216.    Cat or dog not registered at commencement
   217.    Restricted dogs and convictions under repealed LGA chapter
   217A.   Corresponding law regulated dogs and corresponding convictions
   217B.   Local law dangerous dogs and corresponding convictions
   218.    Permit applications
   219.    Restricted dog register kept under Local Government Act 1993 continues
   220.    Person given or entitled to be given information notice
   221.    Registration of cat or dog continues
   221A.   References to address of place stated in registration notice for cat or dog

   PART 2 - TRANSITIONAL PROVISION FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT 2009

   222.    Provision about offences under s 24

   PART 3 - TRANSITIONAL PROVISION FOR BUILDING AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2010

   223.    Provision about s 63A

   PART 4 - TRANSITIONAL PROVISIONS FOR AGRICULTURE AND FORESTRY LEGISLATION AMENDMENT ACT 2013

           Division 1 - Preliminary

   224.    Definitions for pt 4
   225.    Interpretation for pt 4

           Division 2 - Continuation of former chapter 3 for declared local governments

   226.    Cat registration under former ch 3 continues for declared local government

           Division 3 - Continuation of cat registration for local governments

   227.    Registration form for registration of cat
   228.    Registration fee paid to relevant local government under former s 53

   PART 5 - TRANSITIONAL PROVISION FOR ANIMAL MANAGEMENT (PROTECTING PUPPIES) AND OTHER LEGISLATION AMENDMENT ACT 2016

   229.    Application of chs 2A, pt 2 and 2B, pt 3
           SCHEDULE 1
           SCHEDULE 2


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