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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 42
As laid on the table and read a first time,
Dog and
Cat Management (Management of Cats) Amendment Bill 2006
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 Amendment of section 21—Functions of
Board
7 Amendment of section 25—Dog and Cat
Management Fund
8 Amendment of section 26—Council
responsibility for management of dogs
9 Amendment of section 26A—Plans of
management relating to dogs
10 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 Duration and renewal of registration
67F Notifications to ensure accuracy of
registers
67G Transfer of ownership of cat
67H Rectification of register
67I Cat to be properly identified
67J Applications and fees
67K Records to be kept by approved
boarding catteries
11 Amendment of section 81A—Interference
with dog or cat in lawful custody
12 Amendment of section 88—Evidence
13 Amendment of
section 91—Regulations
The Parliament of
This Act may be cited as the Dog and Cat Management (Management
of Cats) Amendment Act 2006.
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—Amendment of section 5—Owner of dog or cat
Section 5—after "dog" wherever
occurring insert in each case:
or cat
6—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
7—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
8—Amendment of section 26—Council responsibility for management of dogs
(1) Section 26(3)—delete "Act" first
occurring and substitute:
Part 4
(2) Section 26(6)(a)—delete "under Part
5" and substitute:
involving dogs
(3) Section 26(6)(b)(iii)—after "Act"
insert:
relating to dogs
9—Amendment of section 26A—Plans of management relating to dogs
Section 26A(1)—delete "and cats"
10—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,
(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 may include provisions limiting the number of cats that may
be registered in the name of a person and setting curfew periods during which cats
must be confined indoors or in a cage or other suitable structure.
(3) 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.
(4) A
plan of management must be approved by the Board before it takes effect.
(5) 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
(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 (
(ii) the
Animal Welfare League of
(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—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.
67F—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.
67G—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.
67H—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.
67I—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.
67J—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.
67K—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.
11—Amendment of section 81A—Interference with dog or cat in lawful custody
Section 81A—after "dog" insert:
or cat
12—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
13—Amendment of section 91—Regulations
Section 91(2)(c)—after "dogs"
insert:
or cats