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ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"accepted representations" —
(a) for chapter 2 , part 1 , division 3 ,
subdivision 3 —see section 30 (2) ; or
(b) for chapter 2A , part 2 ,
division 4 —see section 43R (2) ; or
(c) for chapter 6 , part 5 —see
section 163 (2) .
"accreditation number" see section 43C (1) .
"accredited breeder" , of an approved entity, see section 43B (1) .
"advertise" includes cause, permit or authorise to be advertised.
"animal" , for chapter 9 , part 1 , see section 191 .
"animal welfare offence" see the Animal Care and Protection Act 2001 ,
schedule.
"appropriate register" , for information about a dog, means a register kept
under section 177 in which particular information about the dog is kept.
"approval day" , for an approved entity, for chapter 2A , see section 43A .
"approved entity" see section 43A .
"approved form" means— (a) for an approved form mentioned in chapter 2A , 2B
or 6 or section 182 —a form approved by the chief executive under
section 209 (1) ; or
(b) otherwise—a form approved by the chief executive
officer of a local government under section 209 (2) .
"approved inspection program" see section 113 (1) .
"approving local government" see section 113 (1) .
"authorised implanter" means— (a) a veterinary surgeon who— (i) has
completed a course, about implanting PPIDs, prescribed under a regulation or
approved by the chief executive; and
(ii) is not a prohibited implanter; or
(b) a person who— (i) has a qualification relating to the implantation of
PPIDs prescribed under a regulation or approved by the chief executive; and
(ii) has completed a course, about implanting PPIDs, prescribed under a
regulation or approved by the chief executive; and
(iii) is not a prohibited
implanter.
"authorised person" means— (a) a person appointed under section 104 ; and
(b) for chapter 5 , has the meaning affected by section 135 (2) .
"bodily harm" has the meaning given by the Criminal Code , section 1 .
"breed" , a dog, see section 12A (1) .
"breeder ID number" , of a registered breeder, see section 43G (1) (b) .
"breeder register" see section 172B (1) .
"cat" see section 11 (1) .
"cat and dog registry" ...
"changed information" ...
"compliance notice" see section 132 (2) .
"corresponding law" means a law, or former law, of another State or the
Commonwealth that provides, or provided, for the same, or substantially the
same, matter as this Act or a provision of this Act.
"dangerous dog declaration" see section 89 (1) (a) .
"declared dangerous dog" see section 61 .
"declared menacing dog" see section 62 .
"deferred date" means— (a) the day that is 2 years after the date of assent
of this Act; or
(b) if an earlier day is prescribed under a regulation—the
earlier day.
"deferred provisions" see section 211 .
"desex" , for a cat or dog, means to surgically remove its gonads for the
purpose of making it permanently incapable of reproducing.
"designated details" , of a person, see section 43A .
"designated local government" means— (a) the Brisbane City Council; or
(b)
the Central Highlands Regional Council; or
(c) the Gladstone Regional
Council; or
(d) the following councils— • Gold Coast City Council
•
Ipswich City Council
• Lockyer Valley Regional Council
• Logan City
Council
• Moreton Bay City Council
• Redland City Council
• Scenic
Rim Regional Council
• Somerset Regional Council
• Sunshine Coast
Regional Council
• Toowoomba Regional Council.
"designated review application" see section 181 (1) .
"designated review decision" see section 185 (1) (b) .
"destroy" , a dog, includes causing it to be destroyed.
"destruction order" , in relation to a dog, see section 126A .
"detached house" does not include— (a) a caravan, trailer or vehicle; or
(b) a duplex; or
(c) a manufactured home.
"dog" see section 11 (2) .
"dog patrol category" , for chapter 9 , part 1 , see section 191 .
"dog registry" , of a local government, see section 177 (2) .
"effective control" , of a dog, see section 192 .
"eligible person" , in relation to a dog, see sections 43ZG , 43ZH and 43ZI .
"enclosure" , for a regulated dog, see schedule 1 , section 4 .
"exemption number" , for a dog, see section 43ZM (a) .
"external review" , for a decision, means a review of the decision by QCAT
under the QCAT Act .
"general register" , of a local government, means its general register kept
under section 178 .
"general review application" see section 181 (2) .
"government entity" means— (a) the State, the Commonwealth or another State;
or
(b) an instrumentality or agent of the State, the Commonwealth or another
State.
"government entity dog" means— (a) a dog owned by a government entity or a
person engaged or employed by the entity; and
(b) used for a purpose under an
Act of the Commonwealth or a State. Examples— • a corrective services
dog under the Corrective Services Act 2006
• a drug detection dog, firearms
and explosives detection dog or police dog under the
Police Powers and Responsibilities Act 2000
"grievous bodily harm" has the meaning given by the Criminal Code , section 1
.
"identifying information" means— (a) for a dog—the information relating to
the dog that is required to be— (i) stated on a registration notice for the
dog; and
(ii) held in the dog registry of the relevant local government for
the dog; or
(b) for a cat, if a local government makes a local law requiring
cats to be registered—the information relating to the cat required to be
held under the local law.
"implant" includes insert.
"ineligible person" , for chapter 2A , see section 43D .
"information notice" , about a decision, means a notice stating— (a) the
decision and the reasons for it; and
(b) that the person to whom the notice
is given may apply for an internal review of the decision to the original
decider for the decision within 14 days after the person receives the notice;
and
(c) how to apply for the internal review.
"inspect" , for chapter 7 , part 1 , includes to obtain, orally or in writing,
the information kept on the regulated dog register.
"interested person" , for an original decision, means— (a) a person who has
been given, or is entitled to be given, an information notice about the
decision; and
(b) if the decision relates to a dog—the owner of, or
responsible person for, the dog.
"internal review decision" see section 186 (1) (b) .
"licence" means a PPID registry licence.
"licence holder" means a person holding a PPID registry licence.
"licence holder register" see section 172A (1) .
"lives" means resides.
"local government" , for chapter 5 , has the meaning affected by section 135
(1) .
"mandatory conditions" , for a licence, see section 152 .
"manufactured home" see the Manufactured Homes (Residential Parks) Act 2003 ,
section 10 .
"menacing dog declaration" see section 89 (1) (b) .
"notice" means— (a) a notice in writing; and
(b) for chapter 5 , part 2 , a
notice issued under this Act.
"occupier" of a place, for chapter 5 , part 2 , includes a person who
reasonably appears to be the occupier of, or in charge of, the place.
"online breeder registration system" see section 43A .
"operator" , of a pound or shelter, means the person who has the role of being
responsible for the management and operation of the pound or shelter.
"original decider" , for an original decision, means— (a) if the original
decision is made by the chief executive—the chief executive; or
(b) if the
original decision is made by a local government or authorised person appointed
by a local government—the chief executive officer of the local government.
"original decision" means a decision about which an information notice must be
given.
"owner" , of a cat or dog, see section 9 .
"permanent identification device" ...
"permit application" ...
"permit condition" ...
"permit holder" ...
"personal details requirement" see section 139 (4) .
"pet shop" means a shop that sells a dog, cat, rabbit, guinea pig, mouse,
reptile, caged bird or any other similar animal of a class or kind prescribed
under a regulation.
"PID" ...
"PID register" ...
"PID registry service" ...
"place" includes a vehicle.
"pound" means a premises maintained for the purpose of impounding animals.
"PPID" see section 12 (1) .
"PPID information" means— (a) for a cat— (i) the name of the owner of the
cat; and
(ii) the PPID number for the cat; and
(iii) any other information
about the cat prescribed by regulation; or
(b) for a dog— (i) the relevant
supply number for the dog; and
(ii) the name of the owner of the dog; and
(iii) the PPID number for the dog; and
(iv) any other information about the
dog prescribed by regulation.
"PPID number" means a unique number stored on a PPID that is capable of being
electronically retrieved.
"PPID registry licence" means a licence to offer or provide a PPID registry
service.
"PPID registry service" means a service, provided by a licence holder, of
keeping records containing— (a) identifying information for a cat or dog; or
(b) the unique identification number stored on the PPID for a cat or dog.
"PPID review application" ...
"PPID review decision" ...
"prescribed permanent identification device" see section 12 (1) .
"primary producer" — (a) means a person primarily engaged in the occupation
of a— (i) dairy farmer; or
(ii) wheat, maize or cereal grower; or
(iii)
cane grower; or
(iv) fruit grower; or
(v) grazier; or
(vi) farmer, whether
engaged in general or mixed farming, cotton, potato, or vegetable growing, or
poultry or pig raising; and
(b) includes a person engaged in primary
production.
"prohibited dog" see section 103A .
"prohibited implanter" means a person given an information notice under
section 32 (3) .
"prohibition" — (a) for chapter 2 , part 1 , division 3 , subdivision 3
—see section 27 (b) ; or
(b) for chapter 6 , part 5 —see section 160 (b)
.
"proposed action" — (a) for chapter 2 , part 1 , division 3 , subdivision 3
—see section 27 ; or
(b) for chapter 2A , part 2 , division 4 —see
section 43Q (1) ; or
(c) for chapter 6 , part 5 —see section 160 .
"proposed declaration notice" see section 90 (1) .
"publicly available part" , of the breeder register, see section 172E (2) .
"public office" , of a local government, has the meaning under the
Local Government Act 1993 , schedule 2 .
"public place" means any place that the public is entitled to use, is open to
the public, or used by the public, whether or not on payment of money.
"reasonably believes" means to believe on grounds that are reasonable in the
circumstances.
"reasonably suspects" means to suspect on grounds that are reasonable in the
circumstances.
"registered" , for a dog, means that the information about the dog is recorded
in the relevant local government’s general register.
"registered breeder" see section 43A .
"registered owner" , of a dog, means a person recorded as the owner of the dog
in a dog registry of a local government.
"registration date" , for chapter 2A , see section 43G (2) (c) .
"registration device" see section 12 .
"registration fee" , for a dog, means the fee fixed by the local government
for its registration.
"registration form" , for the registration of a dog in a local government’s
area, means the approved form for registering dogs in the local government’s
area.
"registration notice" , for a dog, means a notice stating the information in
section 49 (3) (b) and (d) for the dog.
"regulated dog" see section 60 .
"regulated dog declaration" see section 89 (5) .
"regulated dog register" see section 172 (1) .
"relevant dog" ...
"relevant information" , for chapter 2A , part 3 , see section 43V .
"relevant local government" , for a provision about a cat or dog, means the
local government in whose area the cat or dog is usually kept or proposed to
be kept.
"relevant person" , for a dog, for chapter 9 , part 1 , see section 191 .
"relevant place" , for a regulated dog, for schedule 1 , see schedule 1 ,
section 1 .
"relevant supply number" , for a dog, see section 43X (1) , (3) , (4) , (5)
and (6) .
"renewal application" ...
"renewal date" , for chapter 2A , see section 43L (2) (c) .
"renewal fee" , for chapter 2A , see section 43J (2) (b) (ii) .
"renewal notice" — (a) for chapter 2A —see section 43J (1) ; or
(b) for
chapter 3 , part 4 —see section 56 (1) .
"renewed permit" ...
"responsible person" , for a dog, see section 10 .
"restricted dog" ...
"restricted dog declaration" ...
"restricted dog permit" ...
"restricted dog register" ...
"review decision" ...
"review notice" see section 187 (1) .
"rural land" means land used for grazing stock or cultivating crops on a
commercial basis.
"security officer" , for chapter 9 , part 1 , see section 191 .
"security patrol dog" , for chapter 9 , part 1 , see section 191 .
"sell" means sell by retail, wholesale or auction, and includes— (a) offer
or agree to sell; and
(b) invite to treat or expose for sale; and
(c) cause
or permit to be sold; and
(d) supply under a lease, exchange, hiring or other
commercial arrangement.
"seller" means a person supplying a PPID.
"SEQ local government" ...
"serious dog offence" , for chapter 9 , part 1 , see section 191 .
"shelter" means a premises maintained for the purpose of providing shelter to,
or finding a home for, stray, abandoned or unwanted animals.
"show cause notice" — (a) for chapter 2 , part 1 , division 3 , subdivision
3 —see section 29 (1) ; or
(b) for chapter 2A , part 2 , division 4 —see
section 43Q (2) ; or
(c) for chapter 6 , part 5 —see section 162 (1) .
"show cause period" — (a) for chapter 2 , part 1 , division 3 , subdivision
3 —see section 29 (2) (e) ; or
(b) for chapter 2A , part 2 , division 4
—see section 43Q (2) (e) ; or
(c) for chapter 6 , part 5 —see section 162
(2) (e) .
"spent conviction" ...
"stock" means alpacas, asses, buffaloes, camels, cattle, deer, donkeys, goats,
horses, llamas, mules, sheep or vicunas.
"supply" includes doing any of the following things if doing the thing affects
possession of a cat, dog or PPID, other than the mere temporary custody of
it— (a) exchange, give or sell;
(b) offer or agree to supply;
(c) cause or
permit a supply;
(d) possess for supply.
"suspension" — (a) for chapter 2 , part 1 , division 3 , subdivision 3
—see section 27 (a) ; or
(b) for chapter 6 , part 5 —see section 160 (a)
.
"tattoo" , a cat or dog for desexing, when used as a verb, means to
permanently mark the cat or dog in a way prescribed under a regulation
enabling the identification of the cat or dog as desexed. Example of a way
that enables a cat or dog to be identified as desexed— placing a permanent
symbol in a cat’s or dog’s left ear
"veterinary surgeon" means a person registered as a veterinary surgeon under
the Veterinary Surgeons Act 1936.
"veterinary surgeon’s certificate" , for a cat or dog, see section 43Y (5) .
"veterinary surgery" means premises used or intended for use by a veterinary
surgeon in the practice of the veterinary surgeon’s profession.
"warrant" means a warrant issued under chapter 5 , part 2 , division 2 ,
subdivision 2 , and includes a duplicate warrant mentioned in section 119 (5)
.
"working dog" — (a) means a dog usually kept or proposed to be kept— (i)
on rural land; and
(ii) by an owner who is a primary producer, or a person
engaged or employed by a primary producer; and
(iii) primarily for the
purpose of— (A) droving, protecting, tending, or working, stock; or
(B)
being trained in droving, protecting, tending, or working, stock; and
(b)
does not include a class of dog prescribed under a regulation.
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