Queensland Consolidated Acts

ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - SECT 41

41 Protection of particular persons dealing with cat or dog

(1) This section applies if—

(a) either—

(i) a cat or dog is scanned in the way required under section 40 (2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or

(ii) section 40 (3) applies in relation to the cat or dog; and

(b) a person mentioned in section 40 or someone else (the
"protected person" ) who does not know who owns the cat or dog deals with it relying on—

(i) the result of the scan; or

(ii) the absence of a scan of the cat or dog because of the matters mentioned in section 40 (3) .

(2) The protected person is not civilly liable to the owner in relation to the dealing to the extent that—

(a) the dealing is adverse to the owner’s rights concerning the cat or dog or may have an effect on the owner’s health; and

Examples—

1 giving the cat or dog away

2 destroying the cat or dog

(b) apart from this section, the dealing would give rise to a right of action by the owner against the protected person.

(3) Also, the protected person is not criminally liable for doing any act or making any omission in relation to the cat or dog if the act or omission could lawfully be done or omitted to be done by the owner.