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This is a Bill, not an Act. For current law, see the Acts databases.
DOMESTIC ANIMALS (CAT CONTAINMENT) AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Domestic
Animals (Cat Containment) Amendment Bill 2005
Contents
Page
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Urban Services)
Domestic Animals (Cat
Containment) Amendment Bill 2005
A Bill for
An Act to amend the
Domestic Animals Act 2000,
and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Domestic Animals (Cat Containment) Amendment Act
2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Part
2 Domestic Animals Act
2000
3 Legislation
amended—pt 2
This part amends the Domestic Animals Act 2000.
in part 1, insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 82 (Cats in breach of cat curfew)
• s 84 (Identification of dogs and cats—requirement).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
5 Registration—approval
or refusalSection 7,
note
substitute
Note Section 138A deals with the disqualification of a person from
keeping an animal.
6 Registration—cancellationSection
13 (2), note
substitute
Note Section 138A deals with the disqualification of a person from
keeping an animal.
7 Disqualification
from keeping animalsSection
72
relocate as section 138A
substitute
82 Cats in breach of cat curfew
(1) A cat’s keeper or carer commits an offence if—
(a) the cat is in an area for which a declaration under section 81 is in
force; and
(b) the cat is not confined to the premises of a keeper or carer during a
time that the declaration is in force.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability
offence.
(3) This section does not apply if the keeper or carer has a reasonable
excuse.
(4) In this section:
premises means a completely or partly enclosed space from
which a cat cannot escape, and includes the following:
(a) a building or part of a building;
(b) a vehicle;
(c) a cat cage.
substitute
83 Identification of dogs and
cats—regulations
(1) A regulation may make provision in relation to the compulsory
identification of dogs and cats.
(2) In particular, a regulation may provide for—
(a) how dogs and cats are to be identified; and
(b) the procedures to be followed for the compulsory identification of
dogs and cats; and
(c) the people by whom compulsory identification may be carried out and
their duties; and
(d) the particulars to be contained in the compulsory
identification.
Example of how dogs may be required to be
identified
by a registration tag
Example of how cats may be required to be
identified
by an implanted microchip
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
84 Identification of dogs and
cats—requirement
(1) A person commits an offence if—
(a) the person keeps a dog or cat; and
(b) the dog or cat is required to be identified by a regulation made for
section 83; and
(c) the dog or cat is not identified as required by the
regulation.
Maximum penalty: 5 penalty units.
(2) A person commits an offence if—
(a) the person sells a cat; and
(b) the cat, after the sale, is required to be identified by a regulation
made for section 83; and
(c) the cat is not identified as required by the regulation.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability
offence.
insert
Part 4 Seizing cats and dealing with
them
85 Approved providers
(1) For this part, an approved provider is—
(a) the Royal Society for the Prevention of Cruelty to Animals;
or
(b) an entity approved under subsection (2).
(2) The registrar may approve an entity to provide temporary care for cats
seized under this part.
(3) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
86 Seizure of cats
(1) An authorised officer may seize a cat if—
(a) the cat is in an area for which a declaration under section 81 is in
force; and
(b) the cat is not confined to the premises of a keeper or carer during a
time that the declaration is in force.
(2) An authorised officer may also seize a cat if the officer reasonably
believes that—
(a) the cat is required to be identified by a regulation made for
section 83; and
(b) the cat is not identified as required by the regulation.
(3) In this section:
premises—see section 82.
87 Temporary care of seized cats
(1) An authorised officer must—
(a) arrange for a cat seized under this part to be temporarily cared for
by an approved provider; and
(b) make reasonable inquiries to find out who is the keeper of the cat;
and
(c) if the authorised officer can find out who is the keeper of the
cat—give oral or written notice to the keeper, in accordance with section
88, about the cat’s seizure.
(2) The authorised officer may give the notice by telephone.
Note A fee may be determined under s
144 for this provision.
88 Information to be given in notice of cat’s
seizure
If a cat is seized under this part, the notice of seizure under
section 87 (1) (c) must give information about the following:
(a) when and where the cat was seized;
(b) the reason the cat was seized;
(c) where the cat may be claimed;
(d) if the cat is not identified by a microchip—the implanting of a
microchip in the cat for its identification, including the cost of implanting a
microchip;
(e) that the cat may be sold or destroyed if it is not claimed;
(f) the period in which the cat may be claimed before it may be sold or
destroyed;
(g) that the keeper may relinquish ownership of the cat.
89 Releasing seized cats
(1) An authorised officer or approved provider who has the care of a cat
seized under this part must release the cat to a person claiming its release if,
but only if, the officer or provider is satisfied—
(a) the person claiming its release is the keeper of the cat;
and
(b) if the cat is required to be identified by a regulation made for
section 83—the cat is identified as required by the regulation;
and
(c) if the cat was seized because of an offence against this
Act—subsection (2) applies to the offence; and
(d) the keeper of the cat has not relinquished ownership under
section 91; and
(e) any fee payable under section 144 for the release of the cat has been
paid.
(2) This subsection applies to an offence if—
(a) 28 days have passed since the day the offence was committed
and—
(i) a prosecution has not been started for the offence; and
(ii) an infringement notice has not been served for the offence;
or
(b) an infringement notice has been served for the offence and the
infringement notice penalty has been paid or the notice withdrawn; or
(c) a prosecution for the offence was started within 28 days after the day
the offence was committed and—
(i) the prosecution has been discontinued; or
(ii) the keeper has been convicted or found guilty of the offence but is
not disqualified by an order under section 138A from keeping the
cat.
90 Selling or destroying seized
cats
An authorised officer or approved provider may sell or destroy a cat seized
under this part if—
(a) within 7 days after the day of the seizure, the officer or provider
cannot find out who is the keeper of the cat after making reasonable inquiries;
or
(b) the keeper of the cat relinquishes ownership of the cat under
section 91; or
(c) within 7 days after the day notice under section 88 about the seizure
was given to the keeper of the cat, the keeper does not tell the officer or
provider, in writing, that the keeper wishes to claim the cat.
91 Relinquishing ownership of seized
cats
(1) This section applies to a cat seized under this part.
(2) The keeper of the cat may relinquish ownership of the cat by signed
writing given to an authorised officer or approved provider.
(3) An instrument relinquishing ownership of the cat—
(a) takes effect at the end of 3 days beginning on the day the signed
instrument is given to the authorised officer or approved provider;
and
(b) must contain a statement to the effect of paragraph (a).
(4) After an instrument relinquishing ownership of the cat takes effect,
an authorised officer or approved provider—
(a) is not obliged to return the cat to its keeper; and
(b) may sell or destroy the cat.
(5) To remove any doubt, an authorised officer or approved provider must
not sell or destroy the cat under this section until the instrument
relinquishing ownership of the cat takes effect.
92 Returning seized cat to its
keeper
(1) An authorised officer may return a cat seized under this part to its
keeper under this section if satisfied that it would be in the public interest
to return the cat.
(2) In making a decision under subsection (1), the authorised officer must
consider—
(a) the safety of the public; and
(b) the cost of keeping the cat temporarily cared for by an approved
provider; and
(c) whether financial or other hardship would be caused to the keeper if
the cat were to remain temporarily cared for by an approved provider.
(3) Subsection (2) does not limit the matters the authorised officer may
consider.
(4) The authorised officer may return the cat to its keeper on
conditions.
(5) If the authorised officer returns the cat to its keeper, the officer
may waive all or part of any fee payable by the keeper of the cat under this
part if satisfied that not to waive the fee would cause the keeper financial
hardship.
93 Guidelines about returning seized
cats
(1) The Minister may issue guidelines about the exercise of an authorised
officer’s functions under section 92.
(2) An authorised officer must comply with any guidelines under this
section.
(3) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
11 Meaning
of reviewable decision for pt
8Section 118, definition of reviewable
decision, new paragraph (m)
insert
(m) imposing a condition on the return of a seized cat
(section 92 (4)); or
12 Section
118, definition of reviewable decision, paragraphs (m) to
(p)
renumber as paragraphs (n) to (q)
substitute
119 Review of decisions
Application may be made to the administrative appeals tribunal for a review
of a reviewable decision of the registrar or an authorised officer.
14 Notification
of decisionsSection 120
(1)
substitute
(1) If the registrar or an authorised officer makes a reviewable decision
in relation to a person, the registrar or authorised officer must give written
notice of the decision to the person.
15 Dictionary,
new definition of approved provider
insert
approved provider, for part 4 (Seizing cats and dealing with
them)—see section 85.
16 Dictionary,
definition of excluded offence,
paragraph (b) (ii)
substitute
(ii) section 82 (Cats in breach of cat curfew);
Part
3 Domestic Animals Regulation
2001
17 Legislation
amended—pt 3
This part amends the Domestic Animals Regulation 2001.
insert
Part 1 Preliminary
substitute
2 Dictionary
The dictionary at the end of this regulation is part of this
regulation.
Note 1 The dictionary at the end of this regulation defines certain
terms used in this regulation, and includes references (signpost
definitions) to other terms defined elsewhere in this
regulation.
For example, the signpost definition ‘authorised
identifier, for part 4 (Implanting microchips in cats)—see section
10.’ means that the term ‘authorised identifier’ is defined in
that section and applies to part 4.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire regulation unless the definition, or another
provision of the regulation, provides otherwise or the contrary intention
otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
4 Offences against regulation—application of
Criminal Code etc
Other legislation applies in relation to offences against this
regulation.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part 2 Dogs
5 Dog registration information—Act, s
8
If the registrar registers a dog, the registrar must record the following
information in the register:
(a) the name and address of the keeper of the dog;
(b) if the dog is kept at another address—the address;
(c) the registration number allotted to the dog;
(d) if the dog is an assistance animal—a statement to that
effect;
(e) if the dog is a dangerous dog—a statement to that
effect.
6 Information on dog registration
certificates—Act s 11 (2)
A registration certificate for a dog must state the following
information:
(a) the registration number allotted to the dog;
(b) if the dog is a recognisable breed—the breed;
(c) the colour of the dog;
(d) if the dog is an assistance animal—a statement to that
effect;
(e) the name and address of the keeper of the dog;
(f) the day the registration ends.
7 Identification of dogs—Act, s
83
(1) All dogs must be identified by a registration tag attached to a collar
worn by the dog.
(2) The registration tag must include 1 or more of the following
identification particulars:
(a) the name and address of the dog’s keeper;
(b) the name and address of the dog’s carer;
(c) a contact telephone number for the dog’s keeper;
(d) a contact telephone number for the dog’s carer;
(e) the dog’s registration number.
Part 3 Identifying cats
8 Cats to which compulsory identification
applies—Act, s 83
(1) A cat must be identified if the cat—
(a) is at least 12 weeks old; or
(b) has been sold.
(2) However, a cat need not be identified if—
(a) the cat is less than 6 months old; and
(b) a veterinary surgeon certified in writing, before the cat was
12 weeks old or first sold (whichever is the earlier), that identification
of the cat as required by section 9 would be a serious health risk to the
cat.
9 How cats must be identified—Act, s
83
(1) The cat must be identified by an identifying microchip
that—
(a) is implanted in the cat; and
(b) contains a number by which the identification particulars for the cat
can be worked out; and
(c) functions properly.
(2) The identification particulars for a cat are 1 or more of the
following:
(a) the name and address of the cat’s keeper;
(b) the name and address of the cat’s carer;
(c) a contact telephone number for the cat’s keeper;
(d) a contact telephone number for the cat’s carer.
(3) However, this section does not apply to a cat if—
(a) the keeper or carer of the cat does not live in an area for which a
declaration under the Act, section 81 is in force; and
(b) the cat is identified by a tag attached to a collar worn by the cat;
and
(c) the tag includes—
(i) the identification particulars for the cat mentioned in
subsection (2); or
(ii) a number by which the identification particulars for the cat can be
worked out; and
(d) the cat has not been sold since the commencement of this
section.
(4) Subsection (3) and this subsection expire on 30 June 2008.
Part 4 Implanting microchips in
cats
10 Meaning of authorised
identifier
In this part:
authorised identifier means a person who is authorised under
section 14 as an identifier of cats.
11 Approval of identifying
microchip
(1) The Minister may approve a microchip (an identifying
microchip) to be used for identifying cats.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
12 Identifying microchip to be implanted only by
authorised people etc
(1) A person commits an offence if—
(a) the person implants an identifying microchip in a cat; and
(b) the person is not a veterinary surgeon or authorised identifier.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if—
(a) the person is asked by the keeper or carer of a cat to implant an
identifying microchip in the cat; and
(b) the person implants a microchip in the cat; and
(c) the microchip is not an identifying microchip.
Maximum penalty: 10 penalty units.
(3) An offence against subsection (1) or (2) is a strict liability
offence.
(4) A person who is not an authorised identifier commits an offence if the
person represents himself or herself to be an authorised identifier.
Maximum penalty: 5 penalty units.
13 Procedure for identification of
cats
(1) A person must follow the following procedure in implanting an
identifying microchip in a cat:
(a) scan the cat, before the microchip is implanted, to ensure it does not
have a functioning identifying microchip properly implanted;
(b) scan the microchip, immediately before it is
implanted—
(i) to ensure the microchip is functioning properly; and
(ii) to check that its scanned number is the number shown on supporting
documentation applying to the microchip as the unique identifying number for the
microchip;
(c) implant the microchip under the cat’s skin in the dorsum between
the scapulae so that the microchip lies at an oblique angle to the plane of the
skin;
(d) scan the cat, after the microchip is implanted, to confirm the
microchip is properly implanted and is functioning properly.
(2) The Minister may issue guidelines about the procedures to be followed
in implanting an identifying microchip in a cat.
(3) A person implanting an identifying microchip in a cat must comply with
subsection (1) and the guidelines.
(4) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
14 Authorisation of identifiers
(1) A person may apply to the registrar to be an identifier of
cats.
(2) The registrar must decide to—
(a) authorise the person to be an identifier of cats; or
(b) refuse to authorise the person to be an identifier of cats.
(3) The registrar must authorise the person to be an identifier of cats if
satisfied that the person—
(a) is qualified and competent to be an authorised identifier;
and
(b) will comply with the requirements of this part in identifying
cats.
(4) The registrar must give the person written notice of the
registrar’s decision.
15 Withdrawal of authorisation
(1) This section applies to a person who is authorised to be an identifier
of cats under section 14.
(2) The registrar may, by written notice given to the person, withdraw the
person’s authorisation to be an identifier of cats if satisfied that the
person—
(a) is not, or is no longer, qualified or competent to be an authorised
identifier; or
(b) has been negligent or incompetent in relation to the exercise of the
person’s functions as an authorised identifier; or
(c) has failed to comply with a requirement of this part in identifying
cats.
16 Review of decisions
(1) In this section:
reviewable decision means a decision—
(a) refusing to authorise a person to be an identifier of cats under
section 14; or
(b) withdrawing a person’s authorisation to be an identifier of cats
under section 15.
(2) A notice of a reviewable decision under section 14 (4) or
section 15 (2) must be in accordance with the requirements of the code
of practice in force under the Administrative Appeals Tribunal
Act 1989, section 25B (1).
(3) Application may be made to the administrative appeals tribunal for
review of a reviewable decision.
Part 5 Miscellaneous
17 Dishonoured cheques
(1) If a person pays a fee under the Act by cheque and the cheque is not
met on presentation—
(a) the person is liable for—
(i) any charge imposed by a bank because the cheque is not met;
and
(ii) the amount of the cheque; and
(b) the registrar may suspend the benefit paid for by the cheque until the
amount for which the person is liable is paid.
(2) The registrar may waive liability under subsection (1) (a) for
payment of the bank charge in cases of hardship.
(3) The Minister may issue guidelines about the exercise of the
registrar’s function under subsection (2).
(4) The registrar must comply with any guidelines under this
section.
(5) A guideline is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(6) In this section:
benefit means any service under the Act for which a fee is
payable, and includes a registration, renewal, licence or permit.
insert
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this regulation.
Note 2 For example, the Legislation Act, dict, pt 1 defines the
following terms:
• penalty unit (see s 133)
• person
• veterinary surgeon.
Note 3 Terms used in this regulation have the same meaning that they
have in the Domestic Animals Act 2000
(see Legislation Act, s 148.) For example, the following terms are
defined in the Domestic Animals
Act 2000, dict:
• carer
• keeper
• registrar
• registration tag.
authorised identifier, for part 4 (Implanting microchips in
cats)—see section 10.
identifying microchip—see section 11.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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