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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Dog and Cat Management (Cats) Amendment
Bill 2007
A BILL FOR
An Act to amend the Dog and Cat Management Act 1995.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Dog and Cat Management
Act 1995
4 Amendment of section
4—Interpretation
5 Amendment of section 5—Owner of dog or
cat
6 Insertion of section 7A
7A Cat wandering at
large
7 Amendment of section 21—Functions of
Board
8 Amendment of section 25—Dog and Cat Management
Fund
9 Amendment of section 26—Council responsibility for management of
dogs
10 Amendment of section 26A—Plans of management relating to
dogs
11 Insertion of Part 7 Divisions A1 and A2
Division A1—Administration of provisions relating to
cats
67A Council responsibility for management of
cats
67B Plans of management relating to
cats
Division A2—Registration of cats
67C Cats must be
registered
67D Registration procedure for
cats
67E Registration procedure for businesses
involving cats
67F Duration and renewal of
registration
67G Notifications to ensure accuracy of
registers
67H Transfer of ownership of
cat
67I Rectification of
register
67J Cat to be properly
identified
67K Applications and
fees
67L Records to be kept by approved boarding
catteries
12 Insertion of Part 7 Division 3A
Division 3A—Identified cats in other
areas
76A Seizure and detention of identified
cats
76B Procedure following seizure of
cat
76C Limits on entitlement to return of
cat
76D Destruction or disposal of seized
cat
76E Recovery of costs of seizure, detention or
destruction
13 Amendment of section 81A—Interference with dog or
cat in lawful custody
14 Amendment of section 85—Continuing
offences
15 Amendment of section 88—Evidence
16 Amendment of section
91—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Dog and Cat Management (Cats) Amendment
Act 2007.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Dog and Cat Management
Act 1995
4—Amendment of
section 4—Interpretation
(1) Section 4, definition of corresponding law—after
"dogs" insert:
or cats
(2) Section 4, definition of own a dog—after "dog"
insert:
or cat
(3) Section 4, definition of registration disc—after
"dog" insert:
or cat
(4) Section 4, definition of registration fee—after
"section 26(6)" insert:
and 67A(6)
(5) Section 4, definition of wandering at large—delete
the definition and substitute:
wandering at large—
(a) in relation to a dog—see section 7;
(b) in relation to a cat—see section 7A.
5—Amendment of
section 5—Owner of dog or cat
Section 5—after "dog" wherever occurring insert in each
case:
or cat
After section 7 insert:
7A—Cat wandering at large
(1) For the purposes of this Act, a cat will be taken to be wandering at
large while the cat is in a public place, or, without the consent of the
occupier, a private place, and is not held or restrained by a person nor
effectively secured in a cage, vehicle or other object or structure.
(2) However, a cat will not be taken to be wandering at large while the
cat is participating in an organised show.
7—Amendment of
section 21—Functions of Board
(1) Section 21(1)(b)—after "dogs" first occurring insert:
and cats
(2) Section 21(1)(b)(ii)(A)—after "dogs" insert:
and cats
(3) Section 21(1)(b)(ii)(B)—after "dog management officers"
insert:
and cat management officers
(4) Section 21(1)(b)(ii)(E)—after "dogs" insert:
and cats
(5) Section 21(1)(b)(ii)(G)—after "dogs" insert:
or cats
8—Amendment of
section 25—Dog and Cat Management Fund
(1) Section 25(3)(b)—delete "dog"
(2) Section 25(4)(a)—after "dogs" insert:
or cats
(3) Note—delete note
9—Amendment of
section 26—Council responsibility for management of
dogs
(1) Section 26(3)—delete "this Act" first occurring and
substitute:
Part 4
(2) Section 26(6)(b)(i)—delete "under Part 5" and
substitute:
involving dogs
(3) Section 26(6)(b)(iii)—after "Act" insert:
relating to dogs
(4) Section 26(7)—after paragraph (c) insert:
(d) if the owner of the dog is a concession card holder (within the
meaning of the regulations),
10—Amendment of
section 26A—Plans of management relating to dogs
Section 26A(1)—delete "and cats"
11—Insertion of
Part 7 Divisions A1 and A2
Before section 68 insert:
Division A1—Administration of provisions relating
to cats
67A—Council responsibility for management of
cats
(1) Each council is required to administer and enforce the provisions of
this Act relating to cats within its area and for that purpose
must—
(a) maintain a register of cats containing the information required by the
Board (which may be kept in the form of a computer record) that is to be readily
available for public inspection; and
(b) ensure that the Board is provided with information contained in the
register as required by the Board from time to time; and
(c) appoint a suitable person to be Registrar; and
(d) make satisfactory arrangements for issuing and replacing certificates
of registration and registration discs; and
(e) appoint at least 1 cat management officer or make other satisfactory
arrangements for the exercise of the functions and powers of cat management
officers; and
(f) make satisfactory arrangements for the detention of cats seized under
this Act; and
(g) make satisfactory arrangements for fulfilling other obligations under
this Act relating to cats.
(2) The arrangements made by a council under this section must be
satisfactory to the Board.
(3) Money received by a council under this Part must be expended in the
administration or enforcement of the provisions of this Act relating to
cats.
(4) Each council must keep separate accounts of money received under this
Part and of money expended in the administration and enforcement of the
provisions of this Act relating to cats.
(5) A council must pay into the Fund the percentage fixed by regulation of
the cat registration fees received by the council.
(6) Councils may charge—
(a) fees for the provision of extracts from registers kept under this
Part; and
(b) fees (which may be differential) approved by the
Minister—
(i) for the registration of cats under this Part; and
(ii) for late payment of registration fees; and
(iii) for meeting any other requirement imposed on councils under this Act
relating to cats.
(7) Without limiting the matters that may be taken into account when
setting fees to be approved by the Minister, councils must provide for a
percentage rebate of the fee that would otherwise be charged for the
registration of a cat in the following cases:
(a) if the cat is desexed;
(b) if—
(i) the cat has been implanted with a microchip for the purposes of
identification; and
(ii) the information contained in the microchip is up-to-date;
(c) if the owner of the cat is a concession card holder (within the
meaning of the regulations),
(and, if more than 1 rebate applies in respect of a particular cat, the
rebates are to be aggregated and deducted from the registration fee that would
otherwise be charged).
67B—Plans of management relating to
cats
(1) Each council must, in accordance with this section, prepare a plan
relating to the management of cats within its area.
(2) A plan of management—
(a) must include a provision limiting to 2 or less the number of cats that
may be kept on any premises other than a cattery; and
(b) must make provision for establishing a scheme for the desexing of
cats; and
(c) may make provision for the setting of curfew periods during which cats
must be effectively confined to premises occupied by a person who is responsible
for the control or entitled to the possession of the cat.
(3) A plan of management may make provision for the exemption
(conditionally or unconditionally) of a body, or a person, or a body or person
of a class specified in the plan, from a provision of the plan.
(4) A plan of management must be prepared and presented to the Board as
follows:
(a) the first plan must cover a 5 year period and be prepared and
presented within 3 years after the commencement of this section;
(b) subsequent plans must cover subsequent 5 year periods and each
plan must be prepared and presented at least 6 months before it is to take
effect.
(5) A plan of management must be approved by the Board before it takes
effect.
(6) A council may, with the approval of the Board, amend a plan of
management at any time during the course of the 5 year period covered by
the plan.
Division A2—Registration of
cats
67C—Cats must be registered
(1) Every cat of or over 3 months of age must be registered under this
Act.
(2) If a cat of or over 3 months of age is unregistered, any person who
owns the cat is guilty of an offence.
Maximum penalty: $250.
Expiation fee: $80.
(3) If a person is guilty of an offence by reason of a cat being
unregistered, the person is guilty of a further offence for each 14 days
that the offence continues.
Maximum penalty: $250.
Expiation fee: $80.
(4) A person is not guilty of an offence against this section by reason of
the fact that the cat is unregistered if—
(a) less than 14 days has elapsed since the person first owned or became
responsible for the control of the cat; or
(b) the cat—
(i) is travelling with the person; and
(ii) is not usually kept within the State; and
(iii) is registered under a corresponding law or is usually kept outside
Australia (but a person may not rely on this exception unless he or she has
produced, at the request of a cat management officer, satisfactory evidence of
the matters specified in this subparagraph); or
(c) the person is responsible for the control of the cat only by reason of
the cat being temporarily boarded at a boarding cattery approved by the council
in whose area the cattery is situated.
(5) This section does not apply—
(a) to a cat that has not been kept in any one area for more than
14 days in aggregate; or
(b) to a cat while held in the custody of—
(i) the Royal Society for the Prevention of Cruelty to Animals (South
Australia) Incorporated; or
(ii) the Animal Welfare League of South Australia, Incorporated;
or
(iii) a registered veterinary surgeon acting in that capacity;
or
(iv) a person acting under this Act or any other Act; or
(v) a body, or a person, or a body or person of a class, specified by
regulation.
67D—Registration procedure for
cats
(1) An application for registration of a cat—
(a) must be made to the Registrar for the area in which the cat is (or is
to be) usually kept in the manner and form approved by the Board; and
(b) must nominate a person of or over 16 years of age who consents to the
cat being registered in his or her name.
(2) Subject to subsection (3), on application and payment of the
registration fee and any fee for late payment of the registration fee, the
Registrar must register the cat in the name of the person nominated and issue to
that person a certificate of registration, and a registration disc, conforming
with the requirements of the Board or the regulations.
(3) A cat registered in the name of a particular person must, on
application to the Registrar of the area in which the cat is kept, be registered
in the name of some other person who is of or over 16 years of age and
consents to the cat being registered in his or her name.
67E—Registration procedure for businesses involving
cats
(1) The owner or operator of a business consisting of or involving a
cattery at which cats are bred may apply, in the manner and form approved by the
Board, to the Registrar of the area in which the business is (or is to be)
situated or from which the business is (or is to be) operated for registration
of the business.
(2) On application and payment of the registration fee and any fee for
late payment of the registration fee, the Registrar must, if satisfied that the
applicant genuinely owns or operates a business as referred to in
subsection (1), register the business and issue to the applicant a
certificate of registration conforming with the requirements of the
Board.
(3) If a business is registered under this section, all cats bred at the
cattery that are of or over 3 months of age will, while kept at the
cattery, be taken to be registered.
67F—Duration and renewal of
registration
(1) Registration under this Act remains in force until 30 June next
ensuing after registration was granted and may be renewed from time to time for
further periods of 12 months.
(2) If an application for renewal of registration is made before
31 August of the year in which the registration expired, the renewal
operates retrospectively from the date of expiry.
(3) Registration of a cat under this Act expires if the cat is removed
from the area in which it is registered with the intention that it will be
usually kept at a place outside that area and 14 days have elapsed since it
was removed from that area.1
Note—
1 In that event the cat must be
re-registered in the new area.
67G—Notifications to ensure accuracy of
registers
(1) The person in whose name a cat is individually registered must inform
the Registrar of the area in which the cat is registered as soon as practicable
after any of the following occurs:
(a) the cat is removed from the place recorded in the register as the
place at which the cat is usually kept with the intention that it will be
usually kept at some other place (whether in the same area, in a different area
or outside the State);
(b) the cat dies;
(c) the cat has been missing for more than 72 hours;
(d) the ownership of the cat is transferred to another person.
Maximum penalty: $250.
Expiation fee: $80.
(2) Information given to the Registrar under this section must include
such details as may be reasonably required for the purposes of ensuring the
accuracy of registers kept under this Act.
67H—Transfer of ownership of
cat
If ownership of a cat is transferred from the person in whose name the cat
is individually registered, the person must give to the new owner the
certificate of registration and registration disc last issued in respect of the
cat.
Maximum penalty: $250.
Expiation fee: $80.
67I—Rectification of register
A person aggrieved by an entry in a register under this Act may apply to
the council for the rectification of the register.
67J—Cat to be properly
identified
If a cat is not identified as prescribed by the regulations, the person who
owns the cat is guilty of an offence.
Maximum penalty: $250.
Expiation fee: $80.
67K—Applications and fees
(1) An application under this Part—
(a) must be made in the manner and form required by the Board;
and
(b) must be accompanied by any document or certificate required by the
Board; and
(c) must be accompanied by the appropriate fee.
(2) For the purpose of determining an application under this Part or the
fee to accompany the application, the Registrar to whom the application is made
may require the applicant to produce satisfactory evidence supporting the
application.
67L—Records to be kept by approved boarding
catteries
The operator of a boarding cattery approved by a council for the purposes
of this Part must keep records of all cats kept at the cattery, and provide
extracts from the records to the council, as required by the Board.
Maximum penalty: $250.
Expiation fee: $80.
12—Insertion of
Part 7 Division 3A
Part 7—after Division 3 insert:
Division 3A—Identified cats in other
areas
76A—Seizure and detention of identified
cats
(1) A cat management officer may seize and detain an identified cat found
wandering at large in an area in which the officer is authorised to exercise
powers.
(2) A person may seize and detain an identified cat found wandering at
large and deliver it, within 12 hours, to—
(a) a cat management officer; or
(b) a facility for the care of cats operated by—
(i) the Royal Society for the Prevention of Cruelty to Animals (South
Australia) Incorporated; or
(ii) the Animal Welfare League of South Australia, Incorporated;
or
(iii) a body or person specified by the regulations.
76B—Procedure following seizure of
cat
(1) If a cat is seized under this Division, it must
either—
(a) be returned to a person who owns or is responsible for the control of
the cat; or
(b) be detained in a facility approved by the Board for the purpose of
detaining cats.
(2) If a cat is detained, the person causing it to be detained
must—
(a) cause notice of the detention to be given to members of the public by
causing a notice to be displayed at the office of the council for the area in
which the cat was seized containing—
(i) a general description of the cat; and
(ii) the day and time it was seized; and
(iii) the place at which the cat is being detained; and
(b) if a person who owns or is responsible for the control of the cat is
known to the cat management officer or is readily ascertainable—cause
notice of the detention to be given, as soon as practicable, to the owner or
other person in the manner and form required by the Board.
(3) A notice under subsection (2)(a) must remain displayed for at
least 72 hours.
(4) A person aggrieved by the continued detention of a cat under this
Division may apply to the Magistrates Court for release of the cat.
76C—Limits on entitlement to return of
cat
A person is not entitled to the return of a cat seized under this Division
unless the person—
(a) provides satisfactory evidence that he or she owns or is responsible
for the control of the cat, or is authorised to receive the cat by a person who
owns or is responsible for the control of the cat; and
(b) pays—
(i) the charges that are payable under the regulations in relation to the
seizure and detention of the cat; and
(ii) any other outstanding charges or fees payable under this Act in
relation to the cat; and
(c) in the case of an unregistered cat—registers the cat if so
requested by the person responsible for the cat while detained.
76D—Destruction or disposal of seized
cat
(1) If—
(a) a cat found wandering at large and detained under this Division is not
claimed by a person entitled to the return of the cat within 72 hours from
when notice of its detention was last given under this Division; or
(b) a person in whose name a cat detained under this Division is
registered declines to take possession of the cat; or
(c) money due in relation to a cat detained under this Division is not
paid within 7 days after a request for payment,
the person responsible for the cat while detained under this Division may
cause the cat to be destroyed or otherwise disposed of.
(2) If a cat is disposed of under subsection (1) by sale, the
proceeds of the sale are the property of the operator of the facility at which
the cat had been detained.
(3) The operator of a facility at which a cat is detained under this
Division may cause the cat to be destroyed—
(a) if satisfied on reasonable grounds—
(i) that the cat is suffering from injury, disease or sickness to the
extent that it is impracticable to maintain the cat; or
(ii) that the cat is suffering from a serious contagious or infectious
disease or sickness; and
(b) that—
(i) the destruction is authorised in writing by a registered veterinary
surgeon; or
(ii) no registered veterinary surgeon inspector is reasonably available
and that urgent action is required in the circumstances.
(4) If a cat is destroyed under subsection (3), the operator of the
facility must take reasonable steps to inform a person who owns or is
responsible for the control of the cat.
76E—Recovery of costs of seizure, detention or
destruction
The operator of a facility at which a cat has been detained under this
Division may recover the charges that are payable under the regulations in
relation to the seizure, detention or destruction of the cat from a person who
owns or is responsible for the control of the cat as a debt in a court of
competent jurisdiction whether or not the cat has been returned to the
person.
13—Amendment of
section 81A—Interference with dog or cat in lawful
custody
Section 81A—after "dog" insert:
or cat
14—Amendment of
section 85—Continuing offences
Section 85(1)—after "section 33" insert:
or 67C
15—Amendment of
section 88—Evidence
(1) Section 88(a)(i)—delete subparagraph (i) and
substitute:
(i) at a specified time a person owned a dog or cat or was responsible for
the control of the dog; or
(2) Section 88(b)—after "dog" insert:
or cat
16—Amendment of
section 91—Regulations
Section 91(2)(c)—after "dogs" insert:
or cats