DOG AND CAT MANAGEMENT (MISCELLANEOUS) AMENDMENT BILL 2015

assistance dog means a dog trained and used for the purpose of assisting a person who is wholly or partially disabled and includes a dog undergoing training of a kind approved by the Board for the purposes of this definition;

(4) Section 4—after the definition of attack trained dog insert:

authorised person means—

(a) a police officer; or

(b) a person appointed as an authorised person under section 25A;

(5) Section 4, definition of cat management officer—delete the definition

(6) Section 4, definition of council, (c)—delete "Areas Community Development Trust" and substitute:

Communities Authority

(7) Section 4, definition of dangerous dog—after "council" insert:

or the Board

(8) Section 4—after the definition of dangerous dog insert:

desex means to castrate or spay an animal so as to permanently render the animal incapable of reproducing (and desexed has a corresponding meaning);

(9) Section 4, definition of disability dog—delete the definition

(10) Section 4, definition of dog management officer—delete the definition

(11) Section 4, definition of guide dog—delete the definition

(12) Section 4, definition of hearing dog—delete the definition

(13) Section 4—after the definition of Magistrates Court insert:

microchip means an electronic device that is capable of being permanently implanted in an animal and that is designed to record information in a manner that can be electronically retrieved;

microchipped or to microchip—an animal is microchipped if a microchip is implanted in the animal;

(14) Section 4—after the definition of responsible for the control insert:

sale or sell includes—

(a) auction, barter or exchange; or

(b) offer for sale, auction, barter or exchange; or

(d) possess for the purposes of sale, auction, barter or exchange;

(15) Section 4, definition of unidentified cat—delete the definition and substitute:

unidentified cat means a cat that—

(a) is not microchipped; and

(b) is not identified in the manner set out in section 42C; and

(16) Section 4, definition of registered veterinary surgeon—delete " Veterinary Surgeons Act 1985

" and substitute:

Veterinary Practice Act 2003

6—Amendment of section 5—Owner of dog or cat

(1) Section 5(1)—after "dog" wherever occurring insert:

or cat

(2) Section 5(2)—after "dog" wherever occurring insert:

or cat

7—Amendment of section 6—Person responsible for control of dog or cat

(1) Section 6(1)—after "dog" wherever occurring insert:

or cat

(2) Section 6(2)—after "dog" wherever occurring insert:

or cat

(3) Section 6(3)—after "dog" wherever occurring insert:

or cat

8—Amendment of section 21—Functions of Board

(1) Section 21(1)(b)—after "dogs" wherever occurring insert:

and cats

(2) Section 21(1)(b)(ii)(B)—delete "dog management officers" and substitute:

authorised persons

(3) Section 21(1)(b)(ii)(F)—after "keeping" insert:

and inspection

(4) Section 21(1)(ba)—delete "disability dogs, guide dogs or hearing dogs" and substitute:

assistance dogs

(5) Section 21(1)—after paragraph (ba) insert:

(bb) to keep and maintain registers for the purposes of this Act;

(6) Section 21(1)—after paragraph (g) insert:

(ga) to fix fees and charges for the purposes of this Act;

9—Amendment of section 21A—Accreditation of assistance dogs

(1) Section 21A(1)—delete subsection (1) and substitute:

(1) Subject to this section, a prescribed accreditation body may, on application, accredit a dog, or renew the accreditation of a dog, as an assistance dog.

(1a) A prescribed accreditation body (other than the Board) may only accredit a dog, or renew the accreditation of a dog, of a kind approved by the Board in respect of the prescribed accreditation body.

(2) Section 21A(2)(a)—delete "the Board in the manner and form approved by the Board" and substitute:

a prescribed accreditation body in the manner and form determined by the prescribed accreditation body

(3) Section 21A(3)—delete "the Board with any information required by the Board" and substitute:

a prescribed accreditation body with any information required by the prescribed accreditation body

(4) Section 21A(4)—delete "unless it is earlier revoked by the Board or surrendered by the owner of the dog." and substitute:

unless—

(a) it is revoked by the Board or the prescribed accreditation body that accredited the dog; or

(b) it is surrendered by the owner of the dog.

(5) Section 21A(5)—delete "by the Board"

(6) Section 21A(6)—delete "The Board may only revoke the accreditation of a dog if the Board" and substitute:

The accreditation of a dog may only be revoked if the Board or the prescribed accreditation body that accredited the dog

(7) Section 21A(6)—delete "a disability dog, guide dog or hearing dog (as the case may be)" wherever occurring and substitute in each case:

an assistance dog

(8) Section 21A—after subsection (6) insert:

(7) In this section—

prescribed accreditation body—the following are prescribed accreditation bodies:

(a) the Board;

(b) The Royal Society for the Blind of SA Inc;

(d) Lions Hearing Dogs Inc;

(e) any other person or body declared by the regulations to be a prescribed accreditation body.

10—Insertion of section 21B

After section 21A insert:

21B—Board may keep register relating to microchipped and desexed dogs and cats

(1) The Board may keep a register relating to the microchipping and desexing of dogs and cats in accordance with this or any other Act.

(2) The Register may—

(a) contain such information as the Board thinks fit; and

(b) subject to this Act, be kept in any manner the Board thinks appropriate (including in an electronic form) and may be combined with another register.

(3) The regulations may make further provision in relation to a register under this section (including, without limiting the generality of this subsection, provisions requiring the provision of such information to the Board as the Board may reasonably require and provisions regulating access to the register by members of the public).

11—Insertion of section 23A

After section 23 insert:

23A—Delegation

(1) Subject to this section, the Board may delegate functions or powers (other than a prescribed function or power) to any person or body of persons that is, in the Board's opinion, competent to perform or exercise the relevant functions or powers.

(2) A delegation under this section—

(a) must be in writing; and

(b) may be conditional or unconditional; and

(d) does not prevent the delegator from acting in any matter.

(3) A function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.

12—Amendment of heading to Part 3

Heading to Part 3—delete "of provisions relating to dogs" and substitute:

and enforcement

13—Insertion of Part 3 Division 1

Before section 26 insert:

Division 1—Authorised persons

25A—Appointment of authorised persons

(1) The Board or a council may appoint suitable persons (other than members of the council) to be authorised persons for the purposes of this Act.

(2) An appointment may be made subject to conditions specified in the instrument of appointment.

(3) The appointment of an authorised person by the Board or a council may, at any time, be revoked, or the conditions of appointment varied or revoked, by—

(a) if the authorised person was appointed by the Board—the Board; or

(b) if the authorised person was appointed by a council—the council.

25B—Identification of authorised persons

(1) An authorised person appointed by the Board or a council must be issued with an identity card in a form approved by the Board.

(2) If the powers of the authorised person have been limited by conditions, the identity card issued to the person must contain a statement of those conditions.

(3) An authorised person appointed by the Board or a council must, at the request of a person in relation to whom the person intends to exercise powers under this Act, produce for the inspection of the person his or her identity card.

25C—Area limitation on authorised persons appointed by councils

An authorised person appointed by a council may (subject to any conditions of the appointment of the person) exercise powers under this Act—

(a) within the area of the council; or

(b) outside the area of the council for the purposes of—

(i) seizing or destroying a dog or cat under this Act that has been pursued from within the area of the council; or

(ii) investigating an offence against this Act committed, or suspected to have been committed, within the area of the council; or

(c) within the area of another council pursuant to an arrangement between the councils or at the request of an authorised person appointed by the other council.

Note—

This section does not apply to authorised persons appointed by the Board.

25D—General powers of authorised persons

(1) An authorised person may (subject to any conditions of the appointment of the person) for the purposes of the administration or enforcement of this Act—

(a) subject to subsection (2)

, enter and inspect any place or vehicle and use such force as may be reasonably necessary to gain entry; or

(b) require a person to produce a dog or cat in the person's possession or control for inspection; or

(c) require a person who owns or is responsible for the control of a dog or cat to produce evidence that the dog or cat is microchipped or desexed or both; or

(d) require a person to produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) as reasonably required in connection with the administration or enforcement of this Act; or

(e) examine, copy or take extracts from documents or information so produced or require a person to provide a copy of any such document or information; or

(f) carry out tests, make measurements or take photographs, films or video recordings as reasonably necessary in connection with the administration or enforcement of this Act; or

(g) subject to Part 5A, seize and retain anything that the authorised person reasonably suspects may constitute evidence of a contravention of this Act; or

(h) require a person whom the authorised person reasonably suspects to have committed, or to be committing or about to commit, any breach of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or

(i) require a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters; or

(j) give expiation notices to persons alleged to have committed expiable offences under this Act; or

(k) give any directions reasonably required in connection with the exercise of a power conferred above or otherwise in connection with the administration or enforcement of this Act.

(2) An authorised person cannot exercise the power conferred by subsection (1)(a)

except—

(a) with the consent of the owner or occupier of the place or the owner or person in charge of the vehicle; or

(b) on the authority of a warrant issued by a justice; or

(d) to seize a dog under this Act in circumstances in which the authorised person believes on reasonable grounds that urgent action is required.

(3) A justice must not issue a warrant under subsection (2)

unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.

(4) An application for a warrant under this section cannot be made to a justice who is a member, officer or employee of a council.

(5) In the exercise of powers under this Act, an authorised person may be assisted by such persons, and may use such equipment or materials, as he or she considers necessary in the circumstances.

Division 2—Council responsibility for administration and enforcement

14—Amendment of section 26—Council responsibility for management of dogs and cats

(1) Section 26(1)—delete "Each council is required to administer and enforce the provisions of this Act relating to dogs" and substitute:

Subject to this Act, each council is required to administer and enforce the provisions of this Act relating to dogs and cats

(2) Section 26(1)(a)—delete "that is to be readily available for public inspection"

(3) Section 26(1)—after paragraph (ab) insert:

(ac) maintain such other registers as may be required by the Board; and

(ad) make the registers kept under the Act available for inspection by members of the public in accordance with any guidelines issued by the Board; and

(ae) if guidelines issued by the Board so require, limit inspection of a register, or part of a register, kept under the Act by members of the public; and

(4) Section 26(1)(d)—delete "one full-time dog management officer or make other satisfactory arrangements for the exercise of the functions and powers of dog management officers" and substitute:

1 full-time authorised person or make other satisfactory arrangements for the exercise of the functions and powers of authorised persons

(5) Section 26(1)(e)—after "Act" insert:

(and may, but need not, make such arrangements for cats seized under this Act)

(6) Section 26—after subsection (1) insert:

(1a) Without limiting subsection (2), the arrangements referred to in subsection (1)(e) may consist of nominating a facility approved by the Board at which dogs or cats may be detained.

(7) Section 26(3)—after "dogs" insert:

and cats

(8) Section 26(4)—after "dogs" insert:

and cats

(9) Section 26(6)—after paragraph (a) insert:

(ab) fees for the receipt and management of information relating to a register contemplated by subsection (1)(ac); and

(10) Section 26(6)(b)(i)—delete "Part 5" and substitute:

Part 4

(11) Section 26(6)(b)—delete ") approved by the Minister" and substitute:

but which must not exceed an amount prescribed by the regulations for the purposes of this paragraph)

(12) Section 26(7)—delete subsection (7) and substitute:

(7) Without otherwise limiting a council's ability to set registration fees, a council must, in the case of a standard dog or cat, provide for a percentage rebate of a fee that would otherwise be charged for the registration of a dog or cat under this Act.

(8) In this section—

standard dog or cat means a dog or cat (as the case requires) that is both microchipped and desexed in accordance with this Act.

15—Amendment of section 26A—Plans of management relating to dogs and cats

Section 26A(3)—delete subsection (3) and substitute:

(3) A plan of management must cover 5 year periods and each plan must be prepared and presented to the Board at least 6 months before it is to take effect.

16—Repeal of sections 27 to 30

Sections 27 to 30—delete sections 27 to 30 (inclusive)

17—Amendment of section 31—Offence to hinder etc authorised person

Section 31—delete "a dog management officer" wherever occurring and substitute in each case:

an authorised person

18—Amendment of section 32—Offences by authorised persons

Section 32—delete "a dog management officer" wherever occurring and substitute in each case:

an authorised person

19—Amendment of heading to Part 4

Heading to Part 4—delete "of dogs"

20—Amendment of section 33—Dogs must be registered

(1) Section 33(2), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$170.

(2) Section 33(3), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$170.

(3) Section 33(4)(b)(iii)—delete "a dog management officer" and substitute:

an authorised person

(4) Section 33(5)(b)—delete paragraph (b) and substitute:

(b) to a dog while held in the custody of—

(i) a police officer acting in that capacity; or

(ii) a person acting under this or any other Act; or

(iii) a person or body, or a person or body of a class, specified by the regulations.

21—Amendment of section 37—Notifications to ensure accuracy of registers

(1) Section 37(1), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty: $1 250.

Expiation fee: $210.

(2) Section 37(2), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty: $1 250.

Expiation fee: $210.

22—Amendment of section 38—Transfer of ownership of dog

Section 38, penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty: $1 250.

Expiation fee: $210.

23—Repeal of section 40

Section 40—delete the section

24—Amendment of section 41—Applications and fees

(1) Section 41(1)(c)—delete "appropriate fee" and substitute:

fee fixed by the relevant council

(2) Section 41(2)—delete "disability dog, guide dog or hearing dog" and substitute:

assistance dog

25—Repeal of section 42

Section 42—delete the section

26—Insertion of Part 4A

After Part 4 insert:

Part 4A—Microchipping and other identification

42A—Dogs and cats to be microchipped

(1) The owner of a dog or cat must ensure that the dog or cat is microchipped in accordance with any requirements set out in the regulations.

(2) An owner of a dog or cat who contravenes subsection (1)

is guilty of an offence.

Maximum penalty:

(a) if the dog is a dog of a prescribed breed, or an attack trained dog, guard dog or patrol dog—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dog of a prescribed breed, or an attack trained dog, guard dog or patrol dog—$750;

(b) in any other case—$170.

(3) Subsection (1)

does not apply to, or in relation to—

(a) an animal welfare organisation (other than in relation to a guard dog or patrol dog owned by an animal welfare organisation); or

(b) a person or body detaining a dog or cat that has been seized under this Act; or

(4) In proceedings for an offence against this section, it is a defence for the defendant to prove that he or she believed on reasonable grounds that the dog or cat had, in fact, been microchipped.

(5) Without limiting the regulations that may be made for the purposes of this section, the regulations may—

(a) prescribe a period or periods (whether by reference to the age of an animal or the sale of an animal or otherwise) within which dogs and cats must be microchipped; and

(b) prescribe a minimum or maximum age at which dogs and cats may be required to be microchipped; and

(d) exempt a person or body, or dog or cat, of a specified class from the operation of this section (whether conditionally or unconditionally).

(6) Nothing in this section limits the operation of section 42C

42B—Further offence if certain dogs and cats not microchipped following offence against section 42A

(1) If—

(a) a person is found guilty of, or expiates, an offence against section 42A

; and

(b) the person refuses or fails without reasonable excuse to have the dog or cat to which the offence relates microchipped,

the person is guilty of a further offence for each period of 3 months after the day on which the person is found guilty or expiates the offence (as the case requires) during which the dog or cat is not microchipped.

Maximum penalty:

(a) if the dog is a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$170.

(2) Subsection (1)

does not apply to a person to the extent that they are complying with an order of a court that is inconsistent with that subsection, or that the refusal or failure to microchip the dog or cat is otherwise authorised under this or any other Act.

42C—Further requirements relating to identification of certain dogs and cats

(1) This section applies to—

(a) a dog or cat that is not required to be microchipped under this Act; and

(b) a dog or cat that is required to be microchipped under this Act once it reaches a specified age or has been owned for a specified period, but has not yet reached that age or been owned for that period,

but does not apply to a dog or cat of a class declared by the regulations to be excluded from the operation of this section.

(2) The owner of a dog or cat to which this section applies must ensure that the dog or cat (as the case requires), at all times while the dog or cat is not effectively confined to premises of which the person is the occupier, wears a collar around its neck to which is attached—

(a) if the dog or cat is required to be registered under this Act—the registration disc last issued for the dog or cat; and

(b) in any case—a tag legibly setting out—

(i) the name of the owner of the dog or cat, or of a person entitled to possession of the dog or cat; and

(ii) either—

(A) the address of the owner or other person; or

(B) the telephone number of the owner or other person.

Maximum penalty: $5 000.

Expiation fee: $170.

(3) In proceedings for an offence against subsection (2)

, it is a defence for the defendant to prove that the dog or cat was, at the relevant time, suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to its health.

Part 4B—Desexing

42D—Certain dogs and cats to be desexed

(1) The owner of a dog or cat must ensure that the dog or cat is desexed in accordance with any requirements set out in the regulations.

(2) An owner of a dog or cat who contravenes subsection (1)

is guilty of an offence.

Maximum penalty:

(a) if the dog is a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dog of a prescribed breed—$750;

(b) in any other case—$170.

(3) However, this section does not apply to, or in relation to—

(a) an animal welfare organisation; or

(b) except in relation to a dog that is of a prescribed breed—a person registered as a breeder under Part 7; or

(4) Without limiting the regulations that may be made for the purposes of this section, the regulations may—

(a) prescribe a period (whether by reference to the age of an animal or the sale of an animal or otherwise) within which dogs and cats must be desexed; and

(b) prescribe a minimum or maximum age at which dogs and cats may be required to be desexed; and

(d) exempt a person or body, or dog or cat, of a specified class from the operation of this section (whether conditionally or unconditionally).

42E—Further offence if certain dogs and cats not desexed following offence against section 42D

(1) If—

(a) a person is found guilty of, or expiates, an offence against section 42D

; and

(b) the person refuses or fails without reasonable excuse to have the dog or cat to which the offence relates desexed,

Maximum penalty:

(a) if the dog is a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$315.

(2) Subsection (1)

does not apply to a person to the extent that they are complying with an order of a court that is inconsistent with that subsection, or that the refusal or failure to desex the dog or cat is otherwise authorised under this or any other Act.

27—Amendment of section 43—Dogs not to be allowed to wander at large

(1) Section 43(1), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—

(i) for a first offence—$5 000;

(ii) for a subsequent offence—$10 000.

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$210.

(2) Section 43(3)—after "guilty of" insert:

, or expiates,

28—Amendment of section 44—Dogs not to be allowed to attack etc

Section 44(2), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—

(i) for a first offence—$5 000;

(ii) for a subsequent offence—$10 000.

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$315.

29—Amendment of section 45—Transporting unrestrained dogs in vehicles

(1) Section 45(1), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty: $1 250.

Expiation fee: $210.

(2) Section 45(2)—delete "a dog management officer reasonably suspects that a vehicle has been used to transport a dog contrary to this section, the officer" and substitute:

an authorised person reasonably suspects that a vehicle has been used to transport a dog contrary to this section, the authorised person

(3) Section 45(4)—delete "guide" and substitute:

assistance

30—Amendment of section 45A—Miscellaneous duties relating to dogs

(1) Section 45A(1), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$315.

(2) Section 45A(2)—delete "disability dog, guide dog or hearing dog" and substitute:

assistance dog

(3) Section 45A(2), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$315.

(4) Section 45A(3)—delete "disability dog, guide dog or hearing dog" and substitute:

assistance dog

(5) Section 45A(3), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$315.

(6) Section 45A(4), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$5 000;

(b) in any other case—$2 500.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$750;

(b) in any other case—$315.

(7) Section 45A(5), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty: $1 250.

Expiation fee: $315.

(8) Section 45A(6)—delete "guide dog" and substitute:

assistance dog

(9) Section 45A(6), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty: $1 250.

Expiation fee: $210.

31—Substitution of heading to Part 5 Division 1A

Heading to Part 5 Division 1A—delete the heading and substitute:

Division 1A—Provisions relating to certain breeds etc of dogs

32—Amendment of section 45B—Dogs of prescribed breed

(1) Section 45B(1), (2) and (3)—delete subsections (1), (2) and (3) and substitute:

(1) A person who owns or is responsible for the control of a dog of a prescribed breed must ensure that, at any time the dog is not confined in premises of which that person is the occupier—

(a) the dog has a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and

(b) the dog is under the effective control of a person by means of physical restraint.

Maximum penalty: $5 000.

Expiation fee: $750.

(2) Section 45B(4), penalty provision—delete "$2 500" and substitute:

$5 000

33—Amendment of section 45C—Greyhounds

(1) Section 45C(1)—delete subsection (1) and substitute:

(1) A person who owns or is responsible for the control of a greyhound must ensure that, at any time the greyhound is not confined in premises of which that person is the occupier—

(a) in the case of a greyhound exempted from the requirement to wear a muzzle—the greyhound is under the effective control of a person by means of physical restraint; or

(b) in any other case—

(i) the greyhound has a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and

(ii) the greyhound is under the effective control of a person by means of physical restraint.

Maximum penalty: $5 000.

Expiation fee: $315.

(2) Section 45C(2)(a)—after "land" first occurring insert:

(not being a public dog park provided by a council)

34—Amendment of section 45D—Attack trained dogs, guard dogs and patrol dogs

(1) Section 45D(1)(a) and (b)—delete paragraphs (a) and (b)

(2) Section 45D(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty: $5 000.

Expiation fee: $750.

35—Repeal of section 45E

Section 45E—delete the section

36—Amendment of section 47—Court's power to make orders in criminal proceedings

Section 47(5)—delete "a dog management officer" and substitute:

an authorised person

37—Repeal of Part 5 Division 2

Part 5 Division 2—delete Division 2

38—Amendment of heading to Part 5 Division 3

Heading to Part 5 Division 3—delete "Council powers to make"

39—Amendment of section 50—Destruction and control orders

(1) Section 50(1)—after "council" insert:

or the Board

(2) Section 50(2)(b)—after "council" insert:

or the Board (as the case requires)

(3) Section 50(3)(a)—before "the dog" insert:

if the dog has not been desexed—

(4) Section 50(3)(b)—delete paragraph (b) and substitute:

(b) if the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and

(5) Section 50(3)(c)—delete "in an enclosure that is constructed so as to prevent the dog escaping from it" and substitute:

for the premises to be fenced so as to prevent the dog escaping from the premises

(6) Section 50(3)(e)(i)—delete "so as to prevent" and substitute:

capable of preventing

(7) Section 50(3)(g)—delete paragraph (g) and substitute:

(g) the dog or the person or both to undertake such approved training courses as may be specified in the order; and

(8) Section 50(4)(a)—delete paragraph (a) and substitute:

(a) if the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and

(9) Section 50(4)(d)(i)—delete "so as to prevent" and substitute:

capable of preventing

(10) Section 50(4)—after paragraph (d) insert:

(da) the dog or the person or both to undertake such approved training courses as may be specified in the order; and

(11) Section 50(5)(a)—delete "in an enclosure that is constructed so as to prevent the dog escaping from it" and substitute:

for the premises to be fenced so as to prevent the dog escaping from the premises

(12) Section 50(5)—after paragraph (c) insert:

(d) the dog or the person or both to undertake such approved training courses as may be specified in the order; and

(13) Section 50(6)—delete "requires all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order." and substitute:

requires—

(a) all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order; and

(b) the dog or the person or both to undertake such approved training courses as may be specified in the order.

(14) Section 50(7)—delete "subsection (3)" and substitute:

this section

40—Substitution of section 51

Section 51—delete the section and substitute:

51—Grounds on which orders may be made

A council or the Board may make an order in relation to a dog under this Division if satisfied that—

(a) in the case of a Destruction Order—

(i) the dog is unduly dangerous; and

(ii) the dog has attacked, harassed or chased a person or an animal or bird owned by or in the charge of a person in circumstances that would constitute an offence against this Act; or

(b) in the case of a Control (Dangerous Dog) Order—

(i) the dog—

(A) is dangerous; and

(B) has attacked, harassed or chased a person or an animal or bird, or is likely to do so, in circumstances that would constitute an offence against this or any other Act; or

(ii) the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Dangerous Dog) Order; or

(i) the dog—

(A) is menacing; and

(B) has attacked, harassed or chased a person or an animal or bird, or is likely to do so, in circumstances that would constitute an offence against this or any other Act; or

(ii) the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Menacing Dog) Order; or

(d) in the case of a Control (Nuisance Dog) Order—

(i) the dog—

(A) is a nuisance; and

(B) has attacked, harassed or chased a person or an animal or bird, or is likely to do so, in circumstances that would constitute an offence against this or any other Act; or

(ii) the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Nuisance Dog) Order; or

(e) in the case of a Control (Barking Dog) Order—

(i) the dog is a nuisance; and

(ii) the dog has created noise by barking or otherwise in circumstances that would constitute an offence against this or any other Act.

41—Amendment of section 52—Procedure for making and revoking orders

(1) Section 52—before subsection (1) insert:

(a1) A council or the Board may make an order under this Division on its own initiative or on an application made in a manner and form determined by the council or the Board (as the case requires).

(2) Section 52(1)—after "council" first occurring insert:

or the Board (as the case requires)

(3) Section 52(1)(b)(iii)—delete "council (within 7 days or such longer period as is allowed by the council) with respect to the matter" and substitute:

council or the Board in respect of the matter within 7 days or such longer period as is allowed by the council or the Board (as the case requires)

(4) Section 52(2)—after "order" first occurring insert:

made by a council

(5) Section 52(3)—after "council" insert:

or the Board (as the case requires)

(6) Section 52(4)—delete "may be revoked by a council" and substitute:

made by a council may be revoked by the council

(7) Section 52—after subsection (5) insert:

(6) An order made by the Board—

(a) takes effect when the Board first gives a copy of the order to a person who owns or is responsible for the control of the dog; and

(b) may be revoked by the Board by written notice to a person who owns or is responsible for the control of the dog; and

(c) must, at the request of the Board, be noted in the register kept under this Act by the council in whose area the dog is usually kept.

42—Amendment of section 55—Contravention of order

(1) Section 55(1), penalty provision and expiation provision—delete the penalty provisions and substitute:

Maximum penalty:

(a) in the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$10 000;

(b) in the case of a contravention of a Control (Nuisance Dog) Order—$5 000;

Expiation fee:

(a) in the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$750;

(b) in any other case—$500.

(2) Section 55(3)—delete "a dog management officer may take reasonable steps to give effect to the order and the council concerned may recover the cost of that action" and substitute:

an authorised person may take reasonable steps to give effect to the order and the cost of that action may be recovered

43—Amendment of section 56—Notification to council

(1) Section 56(1), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$2 500;

(b) in any other case—$1 250.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$315;

(b) in any other case—$210.

(2) Section 56(2), penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$2 500;

(b) in any other case—$1 250.

Expiation fee:

(a) if the dog is a dangerous dog or a dog of a prescribed breed—$315;

(b) in any other case—$210.

(3) Section 56—after subsection (3) insert:

(4) In the case of an order made by the Board, the Registrar must notify the Board of any information received under this section.

44—Amendment of section 57—Notification of order to proposed new owner of dog

Section 57, penalty provision and expiation provision—delete the provisions and substitute:

Maximum penalty: $1 250.

Expiation fee: $210.

45—Repeal of section 58

Section 58—delete the section

46—Amendment of section 59A—Prohibition orders

(1) Section 59A(1)—after "council" insert:

or the Board

(2) Section 59A(2)(b)(ii)—after "council" insert:

or the Board (as the case requires)

(3) Section 59A(3)—after "council" insert:

or the Board

(4) Section 59A—after subsection (3) insert:

(3a) A council or the Board may, on its own initiative or on application, make a Prohibition Order against a person if satisfied that the person is subject to a supervision order under section 269O of the Criminal Law Consolidation Act 1935

(5) Section 59A(4)—after "council" wherever occurring insert:

or the Board

(6) Section 59A(5)—after "order" insert:

made by a council

(7) Section 59A(6)—delete "may be revoked by a council " and substitute:

made by a council may be revoked by the council

(8) Section 59A—after subsection (7) insert:

(8) An order made by the Board—

(a) takes effect when the Board gives a copy of the order to the person against whom it is made; and

(b) may be revoked by the Board by written notice to a person who owns or is responsible for the control of the dog; and

(c) must, at the request of the Board, be noted in the register kept under this Act by the council in whose area the dog is usually kept.

47—Amendment of section 59B—Contravention of Prohibition Order

(1) Section 59B(1), penalty provision—delete "$2 500" and substitute:

$5 000

(2) Section 59B(3)—delete "a dog management officer may take reasonable steps to give effect to the order and the council concerned may recover the cost of that action" and substitute:

an authorised person may take reasonable steps to give effect to the order and the cost of that action may be recovered

48—Repeal of section 59C

Section 59C—delete the section

49—Substitution of Part 5 Division 4

Part 5 Division 4—delete the Division and substitute:

Part 5A—Destruction, seizure and detention etc of dogs and cats

Division 1—Destruction, seizure and detention etc of dogs

59D—Power to destroy dogs

(1) A person may lawfully destroy or injure a dog in the following circumstances:

(a) if that action is reasonable and necessary for the protection of life or property;

(b) if the person is the owner or occupier of land, or a person acting under the authority of the owner or occupier of land, and the dog, unaccompanied by a person, is found in an enclosed paddock or other enclosed place in which an animal that is being farmed is confined;

and—

(i) the dog is attacking or harassing a protected animal within the meaning of that Act on a reserve within the meaning of that Act; and

(ii) there is no other way of protecting the protected animal.

Note—