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Domestic Animals Amendment Bill 2015
Introduction Print
EXPLANATORY MEMORANDUM
Background
The Government is proposing that an inquiry into the current arrangements,
benefits and challenges of legislative provisions for restricted breed dogs
(RBDs) in Victoria be referred to a Joint Investigatory Committee of the
Parliament under section 33(1) of the Parliamentary Committees Act 2003
for final report to the Parliament by 30 September 2015.
The Government intends to put in place a moratorium on the destruction of
RBDs from the commencement of the Bill until 30 September 2016.
This will provide sufficient time for the Joint Investigatory Committee to
report to the Parliament, for the Government to consider and respond to any
recommendations made by the Committee and for the preparation and
passage of any amending legislation that may be needed to implement a
recommendation.
The Domestic Animals Act 1994 provides a number of pathways for the
destruction of dogs. Some apply only to RBDs, some apply only to RBDs
and dangerous dogs (DDs) and some apply to all dogs.
The purpose of the Bill is to impose a moratorium on the destruction of an
RBD only in cases where the Domestic Animals Act 1994 provides for a
dog to be destroyed solely because of its status as an RBD.
Most provisions of the Domestic Animals Act 1994 under which a dog that
is an RBD may be destroyed provide for destruction on grounds which are
either unrelated to or in addition to the dog's status as an RBD.
Only section 84P(a) and (b) of the Domestic Animals Act 1994 permit
destruction of a dog solely because it is an RBD. The moratorium on
destruction of an RBD is limited to those provisions.
Apart from preventing destruction of an RBD under section 84P(a) and (b),
the moratorium is not intended to otherwise affect the operation of the
Domestic Animals Act 1994.
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Clause Notes
Clause 1 provides that the main purpose of the Bill is to amend the
Domestic Animals Act 1994 to provide for a moratorium on the
destruction of restricted breed dogs in certain circumstances.
Clause 2 provides that the Bill comes into operation on the day after the
day on which it receives the Royal Assent. That day will be the
first day of the moratorium period.
Clause 3 amends the opening words of section 84P of the Domestic
Animals Act 1994 as a consequence of the amendments made by
subclause (2).
Subclause (2) amends section 84P of the Domestic Animals Act
1994 to insert new subsections (2), (3) and (4).
New section 84P(2) provides that the Council must not exercise
its power to destroy an RBD under section 84P(1)(a) or (b)
during the moratorium period.
New section 84P(3) clarifies that the moratorium imposed by
new section 84P(2) does not affect the operation of any other
provision of the Domestic Animals Act 1994 relating to RBDs.
This means that during the moratorium period--
· an RBD may still be destroyed under another provision
of the Domestic Animals Act 1994. For example an
RBD may be destroyed under section 84O(2) if the
owner fails to recover the dog within the statutory
period or under section 84T(1) if the owner is unable to
be identified (and cannot be served with a copy of
declaration under section 98A); and
· an authorised officer may still seize an RBD under
section 79 or a dog suspected to be an RBD under
section 80; and
· an authorised officer may still decide under section 98A
to make a declaration that a dog is an RBD; and
· a Council may still decide under section 17 to exercise
its discretion not to renew the registration of an RBD;
and
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· an owner of an RBD may still apply to VCAT under
section 98 for review of a decision of an authorised
officer under section 98A or of a Council under
section 17 and VCAT may determine such applications;
and
· an RBD may still only be recovered by its owner in
accordance with the provisions of Division 5 of Part 7A
of the Domestic Animals Act 1994.
New section 84P(4) defines the moratorium period as the period
that commences on the day after the day on which the Bill
receives the Royal Assent and that ends on 30 September 2016.
Clause 4 provides for the automatic repeal of this amending Act on the
first anniversary of its commencement. The repeal of this Act
does not affect in any way the continuing operation of the
amendments made by the Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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