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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Cat Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Exclusion by other enactments and application to
Commonwealth places 3
Part 2 -- Ownership, Possession and
Transfer of Cats
5. Ownership 4
6. Conditions to be met before change of ownership 4
Part 3 -- Requirements With Respect
To Keeping Cats
Division 1 -- Identification
7. Duty of owner to provide identification -- when
required 6
8. Temporary circumstances where identification not
required 6
9. Interference with identification 7
Division 2 -- Permits
10. Provisions in this Division exhaustive - permit not to
override restrictive covenants 7
11. When permit required -- duration -- implied
conditions 7
12. Exemptions and application of Act to cats owned at
time of commencement 8
269--1 page i
Cat Bill 2003
Contents
13. Obligation on owner to obtain permit 9
14. Information to be included in application -- fees 9
15. Application with fee to be lodged with local
government 10
16. Refusal to issue permit -- grounds 11
17. Review of decisions with respect to permits 12
Part 4 -- Applicability of Local Laws
18. Consistency of local laws with this Act 15
19. Local laws controlling or regulating cats 15
Part 5 -- Offences and Breaches
20. Offences not criminal 16
21. Breaches of permits etc 16
page ii
Western Australia
LEGISLATIVE COUNCIL
(Hon Giz Watson)
Cat Bill 2003
A Bill for
An Act to regulate the ownership and keeping of cats and for related
purposes.
The Parliament of Western Australia enacts as follows:
page 1
Cat Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Cat Act 2003.
2. Commencement
5 This Act comes into operation 6 months from the day on which it
receives the Royal Assent.
3. Interpretation
(1) In this Act unless the context otherwise requires --
"local government" is the local government constituted under
10 the Local Government Act 1995 within whose boundaries a
cat is, or will be kept by an owner, and includes a person or
body administering any part of the State, not being a
Commonwealth place, that is not under the jurisdiction of a
local government;
15 "multiple dwelling" is a building occupied wholly or primarily
as a domestic residence by 2 or more persons or groups of
persons where each person or group occupies a specified or
ascertainable part of the building by reason of an estate or
interest, applicable to that part only, that may be alienated
20 or dealt with separately from any estate or interest that
applies to another part of that building, and it does not
matter that more than one estate or interest vests in, or is
held by, the same person;
"owner" is a natural, adult person having the property in a cat
25 and includes a person having temporary possession of a cat
at the request, or with the consent, of an owner;
"prescribed" is a matter prescribed by regulations for a purpose
required or permitted to be prescribed by this Act.
(2) This Act is to be interpreted and applied consistently with the
30 provisions of any other written law enacted from time to time
that imposes, or authorizes or permits the imposition of
page 2
Cat Bill 2003
Preliminary
s. 4
temporary restrictions on the free movement of people or
animals or both within the State or within any part, or between
specified parts, of the State for a purpose with respect to the
preservation and maintenance of public health or safety.
5 4. Exclusion by other enactments and application to
Commonwealth places
(1) This Act does not apply to an animal of the feline species --
(a) whose acquisition, possession or keeping is restricted,
regulated or prohibited under a written law of the
10 Commonwealth or the State;
(b) which, although capable of being owned as a cat, has no
owner.
(2) Subsection (1)(b) applies where a cat, when found by any
person at a place or on land not subject to section 8, has no form
15 or means of identification attached to it and that person is
justified in dealing with the cat inconsistently with any
provision of this Act.
(3) The application of this Act to a Commonwealth place may be
the subject of an agreement made between the Governor-
20 General and the Governor under section 6 of the Commonwealth
Places (Application of Laws) Act 1970 of the Commonwealth..
The text of any agreement and any subsequent variation is to be
published in the Gazette.
page 3
Cat Bill 2003
Part 2 Ownership, Possession and Transfer of Cats
s. 5
Part 2 -- Ownership, Possession and Transfer of Cats
5. Ownership
(1) A cat under this Act is a chattel but must be dealt with subject
always to the provisions of this Act and any applicable written
5 law enacted for the welfare of animals or to protect them from,
or punish persons who commit, acts of cruelty or neglect.
(2) The property in a cat, whether for valuable consideration or not,
may be transferred to or acquired by another person who is
eligible to be an owner at the time when the property is to be
10 transferred but the property in a cat cannot vest in 2 or more
persons jointly.
(3) The property in any cat passes absolutely despite any contrary
intention, or agreement or arrangement between or among those
persons involved.
15 (4) A minor cannot be an owner.
(5) A cat is not capable of being placed on a chattels register, and
any registration has no effect as notice to a bona fide purchaser
for value.
6. Conditions to be met before change of ownership
20 (1) Before or at the time the physical possession of a cat is
transferred under an arrangement to change owners --
(a) the relinquishing owner must ensure that the
identification information required under section 7(1)
relates to the succeeding owner;
25 (b) the succeeding owner must provide the relinquishing
owner --
(i) with proof of having applied for a permit if that
will be required as a result of relocation;
(ii) if the cat is less than 5 months old, with a
30 statement made for the purposes of section
13(2)(a).
page 4
Cat Bill 2003
Ownership, Possession and Transfer of Cats
s. 6
(2) A relinquishing owner who parts with, or a succeeding owner
who takes, physical possession under subsection (1), and who
does so in breach of an obligation imposed by subsection (1)(a)
or (b) commits an offence and on conviction, as part of or in
5 substitution for any penalty that may be imposed, be ordered to
pay an amount sufficient to meet the costs that will be or have
been incurred in rectifying that breach.
(3) It is a defence for a person charged with an offence under
subsection (2) to show that he or she was acting on behalf, and
10 in the absence, of an owner who was a party to the agreement
for the change in ownership.
(4) In subsection (1) a person's intent or purpose may be inferred
from the factual circumstances in which physical possession
was transferred. Whether the property in the cat passed at the
15 same or some other time is not a relevant consideration.
(5) A contravention of subsection (1) does not affect the validity or
effectiveness of any transfer of the property, or any rights or
interests that a person acquires or surrenders as an owner.
page 5
Cat Bill 2003
Part 3 Requirements With Respect To Keeping Cats
Division 1 Identification
s. 7
Part 3 -- Requirements With Respect To Keeping Cats
Division 1 -- Identification
7. Duty of owner to provide identification -- when required
(1) An owner has a continuing duty to ensure that the owner's
5 name, and current address or telephone number, is clearly
marked on a collar or other device worn or attached to a cat
from the time it is 5 months old.
(2) An owner complies with subsection (1) by providing the
information in a microchip implanted in the cat.
10 (3) This section applies after the lapse of 28 days from the day on
which the cat was first kept at the address that is the current
address under subsection (1).
(4) Any contravention of this section is an offence and continues
for each day on which the owner is in breach of the duty
15 imposed by subsection (1).
(5) A person is not civilly or criminally liable for anything done in
good faith in relation to a cat that is not identified or cannot be
identified visually.
8. Temporary circumstances where identification not required
20 (1) Section 7 does not apply during a period of not more than 3
consecutive months, if a cat is held or kept exclusively --
(a) by the RSPCA or another prescribed animal welfare
organization;
(b) in an approved pound;
25 (c) in a pet shop;
(d) at a veterinary surgery.
(2) If a cat is held or kept in any of the places described in
subsection (1) beyond the expiry of the period of 3 months, the
person exercizing operational control or management of that
page 6
Cat Bill 2003
Requirements With Respect To Keeping Cats Part 3
Permits Division 2
s. 9
place becomes an owner under section 7 in relation to that cat
from the time of expiry until its permanent removal from that
place.
(3) The rights of an owner (if any) with respect to a cat are
5 suspended for so long as this section applies to the cat.
9. Interference with identification
(1) A person commits an offence who removes the means by which,
or obliterates or makes illegible the information provided under
section 7.
10 (2) It is a defence if the person charged with an offence under
subsection (1) shows that what was done was lawful or
justifiable under the circumstances as they were at the time.
Division 2 -- Permits
10. Provisions in this Division exhaustive - permit not to
15 override restrictive covenants
(1) Except as section 11 provides, a permit is not required.
(2) A permit does not suspend or in any way interfere with an
agreement or instrument that prohibits or restricts the
introduction or keeping of cats on land described in the
20 agreement or instrument and does not authorize an owner to act
in breach of such a provision.
11. When permit required -- duration -- implied conditions
(1) A permit to keep a cat on any land is required if --
(a) the cat is not desexed;
25 (b) more than 2 cats will be kept on a permanent basis;
(c) the cat will be kept in a multiple dwelling.
(2) A permit may authorize keeping 2 cats under subsection (1)(a)
but only in a case where one or both is to be used for breeding.
page 7
Cat Bill 2003
Part 3 Requirements With Respect To Keeping Cats
Division 2 Permits
s. 12
(3) Each cat to be included in a permit under subsection (1)(b) must
be desexed at the time of making the application.
(4) A local government may issue a permit for a period calculated
from the date of first issue or fix a day on which all permits
5 expire and a subsequent day by which an expired permit must
be renewed.
(5) The maximum period for which a permit may be issued under
subsection (4) is 18 months, and not less than 14 days must
elapse between the date on which all permits expire and the date
10 by which an expired permit must be renewed.
(6) A permit is issued subject to the condition that the owner will
surrender a permit during its currency if the cat dies, or there is
a substantive change in the circumstances for which the permit
was issued.
15 (7) A local government may require an owner, on giving not less
than 24 hours' notice, to allow a person named in the notice and
who produces to the owner evidence of the person's identity and
authority to act on behalf of the local government, to inspect the
land and building where a cat is kept under a permit and is to
20 rectify, if required, any default or breach of the permit's
conditions identified by the person carrying out the inspection.
12. Exemptions and application of Act to cats owned at time of
commencement
(1) Section 11 does not apply to a cat --
25 (a) on land being used --
(i) by the RSPCA or another prescribed animal
welfare organization;
(ii) as an approved pound;
(iii) as a pet shop;
30 (iv) as a veterinary surgery;
(v) as a cattery;
page 8
Cat Bill 2003
Requirements With Respect To Keeping Cats Part 3
Permits Division 2
s. 13
(vi) for a prescribed purpose,
if the cat is kept on the land in the ordinary course of
business of a person or body described in subparagraph
(i)-(vi);
5 (b) that is alive when this Act comes into operation and for
which a permit would otherwise be required.
(2) Subsection (1)(b) lapses on the day 5 years from the day on
which this Act comes into operation and a cat that was exempt
then becomes subject to this Act.
10 (3) In subsection (1) "business" includes providing goods or
services by a person or body without an intention to make a
profit or by a registered charity.
13. Obligation on owner to obtain permit
(1) An owner has the primary obligation to apply for a permit when
15 so required under section 11.
(2) An owner discharges the obligation under subsection (1) and is
not to suffer any penalty or detriment where it is shown that by
reason of the owner's absence, illness, incapacity, or for any
similar reason, another person agreed to act on the owner's
20 behalf.
(3) A permit may be issued to have effect at a future time for the
purposes of section 6(1)(b)(i), (ii).
(4) A permit applies to the cat described in an application and
cannot be transferred to another cat or issued in relation to land
25 or land answering a particular description.
14. Information to be included in application -- fees
(1) An application for a permit is to be submitted in the prescribed
form and a separate form may be prescribed for each ground in
section 11(1)(a)-(c).
page 9
Cat Bill 2003
Part 3 Requirements With Respect To Keeping Cats
Division 2 Permits
s. 15
(2) The application is to contain --
(a) the owner's name, address and other contact details, as
they are provided under section 4(1);
(b) if made under section 6(1)(b), the same information with
5 respect to the person who will become the owner as that
required of an owner by paragraph (a);
(c) the cat's breed (if any), name, age, gender, and may
include a description or photograph;
(d) the zoning designation of the land where the cat will be
10 kept;
(e) information as may be prescribed that will assist
determining an application in a timely manner.
(3) Where more than one form of application is prescribed under
subsection (1), the rate at which a fee is imposed by a local
15 government may differ depending on the form of application but
in no case is the rate of a fee to exceed that which enables full
cost recovery of administering applications for permits.
15. Application with fee to be lodged with local government
(1) An application is to be lodged at an office maintained by the
20 local government.
(2) If the local government having jurisdiction under subsection (1)
is not constituted under the Local Government Act 1995, an
application is to be lodged with the department of the State
Public Service or other person or body administering the land
25 on which the cat is, or will be, kept or with a designated local
government where there is an agreement in existence made
under subsection (3).
(3) A local government may agree to accept and process
applications for permits where subsection (2) applies and, unless
30 expressly agreed otherwise, a decision made to issue or refuse to
issue a permit, including a decision made after a review under
section 17, binds the department, person or body as the case
may be.
page 10
Cat Bill 2003
Requirements With Respect To Keeping Cats Part 3
Permits Division 2
s. 16
(4) The fee tendered with an application is revenue of the local
government and is subject to any written law or rule of law with
respect to the collection, custody, and disposition of moneys by
a local government.
5 16. Refusal to issue permit -- grounds
(1) A permit cannot be refused merely for a want of form in
the application if it otherwise complies with the
requirements of section 14.
(2) A permit cannot be refused by reason only of the zoning
10 of the land on which the cat is being, or will be, kept.
(3) A person convicted of an offence involving cruelty to an
animal or who is banned from owning an animal by order
of a court must not apply for, and is ineligible to have
issued, any permit for a purpose under this Act before the
15 expiry of 5 years from the date of conviction or imposition
of the ban regardless of whether or not the person has
acquired and is caring for an animal meantime.
(4) A permit cannot be refused on any but one or more of the
following grounds --
20 (a) the unsuitability of the natural environment for a
cat or one of the type or breed to which the
application relates;
(b) the proximity of habitats of native fauna known to
be the prey of cats;
25 (c) the number of cats in the surrounding area is
already such as to be a primary cause of significant
degradation of, or a principal source of measurable
deleterious effects being suffered by, the natural
environment;
30 (d) the degree of interference a cat, whether alone or in
concert with others, may cause to the quality of life
of persons in residence in the immediate
neighbourhood having regard to such matters as
page 11
Cat Bill 2003
Part 3 Requirements With Respect To Keeping Cats
Division 2 Permits
s. 17
dominant land use, the number and types of
domestic residences, population densities,
geographic and topographic profiles.
(5) Notice given to an applicant for a permit that it has been
5 refused must state the ground or grounds in subsection (4)
relied on in making that decision.
17. Review of decisions with respect to permits
(1) Each local government is to maintain a panel of 2 or more of its
councillors (a "referee") any one of whom is authorized, on
10 application of the relevant owner, to review --
(a) a refusal to grant or renew a permit;
(b) a finding under section 11(7) that an owner has
defaulted or is in breach of a permit's conditions, or, if
the default or breach is admitted, that the requirements
15 imposed to remedy the default or breach are unduly
onerous, or have the character of a penalty, or the period
within which to remedy the default or breach is
unreasonably short;
(2) If a referee, having commenced a review, is unable for any
20 reason to complete it, another referee is to conduct a review as if
it were the original review.
(3) A referee may make a determination on a question of law, or
mixed question of fact and law, if such a determination is a
necessary and unavoidable incident in disposing of the review.
25 (4) A referee --
(a) must be given access to all documents and other
materials that were considered by, or influenced the
person who made the decision or imposed the
requirement;
30 (b) may require the person who made the decision or
imposed the requirement to explain the grounds on
which it was made;
page 12
Cat Bill 2003
Requirements With Respect To Keeping Cats Part 3
Permits Division 2
s. 17
(c) is to provide the owner with a reasonable opportunity to
state the reasons, orally or in writing, prompting the
request for a review.
(5) Where a referee forms the opinion that --
5 (a) a permit or renewal of a permit was refused because the
weight given to certain matters disclosed in the
application was either disproportionate or insufficient,
or was based on an inappropriate or inflexible
application of guidelines or policies, or was
10 discriminatory;
(b) a finding or requirement under section 11(7), if acted
upon or enforced, would act as a penalty with little or no
educative or deterrent effect, or the default or breach,
given the owner's previous record of compliance, was
15 the result of inadvertence rather than intention, or that a
ground in subsection (1)(b) relied on by the owner can
be sustained,
the application is to be remitted for reassessment with such
directions as the referee thinks fit.
20 (6) Except as provided in subsection (5), a referee is to affirm the
decision.
(7) The owner requesting the review is to be informed of a
decision --
(a) made under subsection (6); or
25 (b) where subsection (5)(a) applies, that the application for
a permit or a renewal is to be reassessed and,
subsequently, the decision after reassessment, and in a
case under subsection (5)(b), the decision either to
uphold the finding or requirement in its original form or
30 as modified on reassessment, or vacating the finding or
requirement entirely.
page 13
Cat Bill 2003
Requirements With Respect To Keeping Cats
Division 2 Permits
s. 17
(8) A decision made following a reassessment is not liable to be
quashed or avoided because it was made by a person, otherwise
authorized to make such decisions, who did not make the
decision, finding or requirement that was reviewed.
page 14
Cat Bill 2003
Applicability of Local Laws Part 4
s. 18
Part 4 -- Applicability of Local Laws
18. Consistency of local laws with this Act
Where it is not possible to reconcile the operation or effect of a
provision of this Act with that of a local law, the operation or
5 effect of the local law is suspended.
19. Local laws controlling or regulating cats
Subject to section 16, local laws --
(a) may impose conditions that an owner must comply with
before a permit may be issued or renewed, or that are to
10 apply during the currency of a permit, or whose breach
entitles the local government to cancel the permit or
impose further conditions;
(b) may regulate matters with respect to the seizure,
impounding, detention, disposal, and destruction of cats
15 whether or not in a particular case the cat is subject to
this Act;
(c) must identify each service that this Act requires a local
government to provide or that is instituted for a purpose
under this Act, and state the amount of any fee that is to
20 be charged for that service;
(d) may prohibit at all times or at various times the entry on
to, or presence of a cat on specified land as a means of
conserving, or preventing deterioration of, the
environment;
25 (e) must extend the provisions of section 14, with such
modifications as may be required but without any
diminution of the rights and entitlements conferred by
that section, so as to apply to any decision made by or
on behalf of the local government in performing a
30 function under a local law made for a purpose, or in
reliance on a provision, of this Act.
page 15
Cat Bill 2003
Part 5 Offences and Breaches
s. 20
Part 5 -- Offences and Breaches
20. Offences not criminal
(1) A person convicted of an offence under this Act is not to be
regarded for any purpose as having committed a criminal
5 offence but is guilty of an offence of a civil kind.
(2) The standard of proof required to prove a charge of an offence
against this Act is the standard required in a civil action.
Penalty: Summary conviction $5 000.
For each day of a continuing offence $50.
10 21. Breaches of permits etc
Unless there is express contrary provision made in relation to
breaches of a specified term or condition with respect to a
permit or any other matter that may be regulated under this Act,
a breach of any term, condition, or requirement does not avoid
15 or affect the continuing operation, effect, or requirement to
comply with the provisions of the permit or other document but
may provide grounds for revocation, or refusal to renew, or
imposition of a monetary penalty.
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