{"id":"qld:act-2008-074","name":"Animal Management (Cats and Dogs) Act 2008","slug":"animal-management-cats-and-dogs-act-2008","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"74 of 2008","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30102,"registerId":"qld-act-2008-074-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"ch.1-pt.1","sectionType":"part","heading":"Introduction","content":"# Introduction","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Animal Management (Cats and Dogs) Act 2008 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThe provisions of this Act, other than the following, commence on 1 July 2009—\nthe provisions mentioned in subsection (2)\nsection 227 .\nThe following provisions commence on a day to be fixed by proclamation—\nsection 172 (1) and (2)\nsection 173 (1) to (3)\nsections 174 to 176 .\n(sec.2-ssec.1) The provisions of this Act, other than the following, commence on 1 July 2009— the provisions mentioned in subsection (2) section 227 .\n(sec.2-ssec.2) The following provisions commence on a day to be fixed by proclamation— section 172 (1) and (2) section 173 (1) to (3) sections 174 to 176 .\n- • the provisions mentioned in subsection (2)\n- • section 227 .\n- • section 172 (1) and (2)\n- • section 173 (1) to (3)\n- • sections 174 to 176 .","sortOrder":2},{"sectionNumber":"ch.1-pt.2","sectionType":"part","heading":"Purposes and application of Act","content":"# Purposes and application of Act","sortOrder":3},{"sectionNumber":"ch.1-pt.2-div.1","sectionType":"division","heading":"Purposes","content":"## Purposes","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Purposes of Act","content":"### sec.3 Purposes of Act\n\nThe purposes of this Act are to—\nprovide for the identification of cats and dogs; and\nprovide for the registration of dogs; and\nprovide for the effective management of regulated dogs; and\npromote the responsible ownership of cats and dogs; and\nFor the welfare of animals generally, see the Animal Care and Protection Act 2001 .\npromote the responsible breeding of dogs; and\nprohibit the ownership of and particular dealings with dogs of particular breeds.\ns 3 amd 2009 No. 51 s 37 ; 2013 No. 41 s 29 ; 2016 No. 28 s 6 ; 2024 No. 17 s 32\n- (a) provide for the identification of cats and dogs; and\n- (b) provide for the registration of dogs; and\n- (c) provide for the effective management of regulated dogs; and\n- (d) promote the responsible ownership of cats and dogs; and Note— For the welfare of animals generally, see the Animal Care and Protection Act 2001 .\n- (e) promote the responsible breeding of dogs; and\n- (f) prohibit the ownership of and particular dealings with dogs of particular breeds.","sortOrder":5},{"sectionNumber":"sec.4","sectionType":"section","heading":"How purposes are to be primarily achieved","content":"### sec.4 How purposes are to be primarily achieved\n\nThe purposes are to be primarily achieved by the following—\nimposing obligations about identification devices for cats and dogs on their owners, sellers, authorised implanters and operators of pounds or shelters;\nimposing obligations on owners and veterinary surgeons about tattooing cats and dogs for desexing;\nimposing registration obligations on dog breeders;\nregulating the supply of dogs and the advertising of dogs for supply;\nproviding for the sharing of information about dog breeders with particular agencies and entities that are responsible for animal welfare;\nimposing registration obligations on dog owners;\nimposing obligations on regulated dog owners;\nproviding for the chief executive to establish a breeder register and regulated dog register;\nprohibiting ownership of dogs of particular breeds;\nappointing authorised persons to investigate, monitor and enforce compliance with this Act;\nrequiring those who may provide PPID registry services to be licensed and imposing obligations on licensees;\nrequiring local governments to keep a general register about dogs;\nimposing obligations on particular persons to exercise effective control of dogs in particular circumstances and ensure dogs do not attack or cause fear;\nprohibiting anyone from allowing or encouraging a dog to attack or cause fear to people or other animals.\ns 4 amd 2009 No. 51 s 38 ; 2013 No. 41 s 30 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 ss 7 , 71 sch 1 ; 2024 No. 17 s 21 ; 2024 No. 17 s 33\n- (a) imposing obligations about identification devices for cats and dogs on their owners, sellers, authorised implanters and operators of pounds or shelters;\n- (b) imposing obligations on owners and veterinary surgeons about tattooing cats and dogs for desexing;\n- (c) imposing registration obligations on dog breeders;\n- (d) regulating the supply of dogs and the advertising of dogs for supply;\n- (e) providing for the sharing of information about dog breeders with particular agencies and entities that are responsible for animal welfare;\n- (f) imposing registration obligations on dog owners;\n- (g) imposing obligations on regulated dog owners;\n- (h) providing for the chief executive to establish a breeder register and regulated dog register;\n- (i) prohibiting ownership of dogs of particular breeds;\n- (j) appointing authorised persons to investigate, monitor and enforce compliance with this Act;\n- (k) requiring those who may provide PPID registry services to be licensed and imposing obligations on licensees;\n- (l) requiring local governments to keep a general register about dogs;\n- (m) imposing obligations on particular persons to exercise effective control of dogs in particular circumstances and ensure dogs do not attack or cause fear;\n- (n) prohibiting anyone from allowing or encouraging a dog to attack or cause fear to people or other animals.","sortOrder":6},{"sectionNumber":"ch.1-pt.2-div.2","sectionType":"division","heading":"Application","content":"## Application","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Act binds all persons","content":"### sec.5 Act binds all persons\n\nThis Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nHowever, the Commonwealth or a State can not be prosecuted for an offence against this Act.\n(sec.5-ssec.1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.5-ssec.2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Relationship with local laws","content":"### sec.6 Relationship with local laws\n\nThis Act does not prevent a local law from imposing requirements in relation to cats or dogs generally.\nWithout limiting subsection (1) , a local government may make a local law—\nprohibiting anyone in its local government area, other than an exempted person, from possessing a dog of a particular breed; or\nimposing registration obligations on owners of cats.\nSubject to subsection (2) , if this Act and a local law are inconsistent about a requirement, the local law is invalid to the extent of the inconsistency.\nThis section applies for a local law whenever it was made.\nIn this section—\nbreed includes crossbreed of a breed.\nexempted person means an authorised person exercising functions or powers under this Act or a local law.\nlocal law includes a subordinate local law.\nprohibits includes a prohibition that does not provide for a penalty if the prohibition is contravened.\ns 6 amd 2013 No. 41 s 31\n(sec.6-ssec.1) This Act does not prevent a local law from imposing requirements in relation to cats or dogs generally.\n(sec.6-ssec.2) Without limiting subsection (1) , a local government may make a local law— prohibiting anyone in its local government area, other than an exempted person, from possessing a dog of a particular breed; or imposing registration obligations on owners of cats.\n(sec.6-ssec.3) Subject to subsection (2) , if this Act and a local law are inconsistent about a requirement, the local law is invalid to the extent of the inconsistency.\n(sec.6-ssec.4) This section applies for a local law whenever it was made.\n(sec.6-ssec.5) In this section— breed includes crossbreed of a breed. exempted person means an authorised person exercising functions or powers under this Act or a local law. local law includes a subordinate local law. prohibits includes a prohibition that does not provide for a penalty if the prohibition is contravened.\n- (a) prohibiting anyone in its local government area, other than an exempted person, from possessing a dog of a particular breed; or\n- (b) imposing registration obligations on owners of cats.","sortOrder":9},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act does not affect other rights or remedies","content":"### sec.7 Act does not affect other rights or remedies\n\nSubject to sections 41 and 103 , this Act does not limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\nWithout limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\nIn addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.\n(sec.7-ssec.1) Subject to sections 41 and 103 , this Act does not limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.\n(sec.7-ssec.2) Without limiting subsection (1) , compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.\n(sec.7-ssec.3) In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy.","sortOrder":10},{"sectionNumber":"ch.1-pt.3","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":11},{"sectionNumber":"ch.1-pt.3-div.1","sectionType":"division","heading":"Dictionary","content":"## Dictionary","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Definitions","content":"### sec.8 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":13},{"sectionNumber":"ch.1-pt.3-div.2","sectionType":"division","heading":"Key definitions","content":"## Key definitions","sortOrder":14},{"sectionNumber":"sec.9","sectionType":"section","heading":"Who is an owner of a cat or dog","content":"### sec.9 Who is an owner of a cat or dog\n\nEach person as follows is an owner of a cat or dog—\na person who is—\nthe registered owner of the dog; or\nif a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law;\na person who owns the cat or dog, in the sense of it being the person’s personal property;\na person who usually keeps the cat or dog, including through an agent, employee or anyone else;\nif a person mentioned in paragraphs (a) to (c) is a child—a parent or guardian of the child.\nFor subsection (1) (c) , a person does not usually keep a cat or dog—\nmerely because the person occupies a place at which the cat or dog is kept if someone else who is an adult and lives at the place keeps it; or\nif the person keeps the cat or dog as an employee of someone else and the person is acting within the scope of the employment; or\nmerely because the person is an inspector under the Animal Care and Protection Act 2001 or is performing functions, or exercising powers, in that capacity under that Act.\nIf a person owns a female cat or dog and the female has offspring, the person is taken to be the offspring’s owner immediately after its birth.\ns 9 amd 2009 No. 17 s 290 ; 2013 No. 41 s 32 ; 2016 No. 28 s 71 sch 1\n(sec.9-ssec.1) Each person as follows is an owner of a cat or dog— a person who is— the registered owner of the dog; or if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law; a person who owns the cat or dog, in the sense of it being the person’s personal property; a person who usually keeps the cat or dog, including through an agent, employee or anyone else; if a person mentioned in paragraphs (a) to (c) is a child—a parent or guardian of the child.\n(sec.9-ssec.2) For subsection (1) (c) , a person does not usually keep a cat or dog— merely because the person occupies a place at which the cat or dog is kept if someone else who is an adult and lives at the place keeps it; or if the person keeps the cat or dog as an employee of someone else and the person is acting within the scope of the employment; or merely because the person is an inspector under the Animal Care and Protection Act 2001 or is performing functions, or exercising powers, in that capacity under that Act.\n(sec.9-ssec.3) If a person owns a female cat or dog and the female has offspring, the person is taken to be the offspring’s owner immediately after its birth.\n- (a) a person who is— (i) the registered owner of the dog; or (ii) if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law;\n- (i) the registered owner of the dog; or\n- (ii) if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law;\n- (b) a person who owns the cat or dog, in the sense of it being the person’s personal property;\n- (c) a person who usually keeps the cat or dog, including through an agent, employee or anyone else;\n- (d) if a person mentioned in paragraphs (a) to (c) is a child—a parent or guardian of the child.\n- (i) the registered owner of the dog; or\n- (ii) if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law;\n- (a) merely because the person occupies a place at which the cat or dog is kept if someone else who is an adult and lives at the place keeps it; or\n- (b) if the person keeps the cat or dog as an employee of someone else and the person is acting within the scope of the employment; or\n- (c) merely because the person is an inspector under the Animal Care and Protection Act 2001 or is performing functions, or exercising powers, in that capacity under that Act.","sortOrder":15},{"sectionNumber":"sec.10","sectionType":"section","heading":"Who is a responsible person for a dog","content":"### sec.10 Who is a responsible person for a dog\n\nA person is a responsible person for a dog if—\nthe person, or the person’s employee acting within the scope of the employment, has immediate control or custody of the dog; or\nthe person is the parent or guardian of a child who has immediate control or custody of the dog; or\nthe person occupies the place at which the dog is usually kept.\nHowever, a person is not a responsible person for the dog—\nmerely because the person occupies a place at which the dog is usually kept if someone else who is an adult and lives at the place keeps the dog; or\nif the person has the control or custody of or keeps the dog as an employee of someone else and the person is acting within the scope of the employment.\ns 10 amd 2016 No. 28 s 71 sch 1\n(sec.10-ssec.1) A person is a responsible person for a dog if— the person, or the person’s employee acting within the scope of the employment, has immediate control or custody of the dog; or the person is the parent or guardian of a child who has immediate control or custody of the dog; or the person occupies the place at which the dog is usually kept.\n(sec.10-ssec.2) However, a person is not a responsible person for the dog— merely because the person occupies a place at which the dog is usually kept if someone else who is an adult and lives at the place keeps the dog; or if the person has the control or custody of or keeps the dog as an employee of someone else and the person is acting within the scope of the employment.\n- (a) the person, or the person’s employee acting within the scope of the employment, has immediate control or custody of the dog; or\n- (b) the person is the parent or guardian of a child who has immediate control or custody of the dog; or\n- (c) the person occupies the place at which the dog is usually kept.\n- (a) merely because the person occupies a place at which the dog is usually kept if someone else who is an adult and lives at the place keeps the dog; or\n- (b) if the person has the control or custody of or keeps the dog as an employee of someone else and the person is acting within the scope of the employment.","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"What is a cat or dog","content":"### sec.11 What is a cat or dog\n\nA cat is an animal of the species Felis catus , or domestic cat.\nA dog is an animal of the species Canis lupus familiaris , or domestic dog.\n(sec.11-ssec.1) A cat is an animal of the species Felis catus , or domestic cat.\n(sec.11-ssec.2) A dog is an animal of the species Canis lupus familiaris , or domestic dog.","sortOrder":17},{"sectionNumber":"sec.12","sectionType":"section","heading":"Identification devices under Act","content":"### sec.12 Identification devices under Act\n\nA prescribed permanent identification device or PPID is a microchip or other electronic device that—\nis capable of being permanently implanted in a cat or dog; and\nis designed to record information in a way that can be electronically retrieved; and\ncomplies with the requirements prescribed by regulation for the device.\nA registration device is a device, to help identify a dog, decided by a resolution of the relevant local government for the dog.\na tag for the collar of a dog\ns 12 amd 2013 No. 41 s 48 (1) sch 1 pt 1\nsub 2015 No. 15 s 25\n(sec.12-ssec.1) A prescribed permanent identification device or PPID is a microchip or other electronic device that— is capable of being permanently implanted in a cat or dog; and is designed to record information in a way that can be electronically retrieved; and complies with the requirements prescribed by regulation for the device.\n(sec.12-ssec.2) A registration device is a device, to help identify a dog, decided by a resolution of the relevant local government for the dog. a tag for the collar of a dog\n- (a) is capable of being permanently implanted in a cat or dog; and\n- (b) is designed to record information in a way that can be electronically retrieved; and\n- (c) complies with the requirements prescribed by regulation for the device.","sortOrder":18},{"sectionNumber":"sec.12A","sectionType":"section","heading":"When a person breeds a dog","content":"### sec.12A When a person breeds a dog\n\nA person breeds a dog if the dog is born to a female dog that is usually kept by the person, including through an agent, employee or anyone else.\nHowever, if the person who usually keeps the female dog is a child, the dog born to the female dog is taken to have been bred by a parent or guardian of the child.\nFor subsections (1) and (2) , it is irrelevant whether the person or, if the person is a child, a parent or guardian of the person intends to keep the dog or supply it to another person.\ns 12A ins 2016 No. 28 s 8\n(sec.12A-ssec.1) A person breeds a dog if the dog is born to a female dog that is usually kept by the person, including through an agent, employee or anyone else.\n(sec.12A-ssec.2) However, if the person who usually keeps the female dog is a child, the dog born to the female dog is taken to have been bred by a parent or guardian of the child.\n(sec.12A-ssec.3) For subsections (1) and (2) , it is irrelevant whether the person or, if the person is a child, a parent or guardian of the person intends to keep the dog or supply it to another person.","sortOrder":19},{"sectionNumber":"ch.2-pt.1","sectionType":"part","heading":"Prescribed permanent identification devices","content":"# Prescribed permanent identification devices","sortOrder":20},{"sectionNumber":"ch.2-pt.1-div.1","sectionType":"division","heading":"Obligation on owner of cat or dog","content":"## Obligation on owner of cat or dog","sortOrder":21},{"sectionNumber":"sec.13","sectionType":"section","heading":"Supplier must ensure cat or dog is implanted","content":"### sec.13 Supplier must ensure cat or dog is implanted\n\ns 13 amd 2009 No. 17 s 291 ; 2009 No. 51 s 39 ; 2015 No. 15 s 99 sch 1\nom 2016 No. 28 s 10","sortOrder":22},{"sectionNumber":"sec.14","sectionType":"section","heading":"Owner must ensure cat or dog is implanted","content":"### sec.14 Owner must ensure cat or dog is implanted\n\nA person who is or becomes an owner of a cat or dog that is not implanted with a PPID must ensure the cat or dog is implanted with a PPID before it is 12 weeks old unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA cat or dog that is more than 12 weeks old on the commencement of this section need not be implanted with a PPID unless it is supplied. See section 43Y .\nIt is a defence to a prosecution for an offence against subsection (1) for the defendant to prove—\nthere is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting it with a PPID is likely to be a serious risk to the health of the cat or dog; or\nfor a dog, the ownership is to use it as—\na government entity dog; or\na working dog; or\nanother class of dog prescribed under a regulation.\ns 14 amd 2016 No. 28 s 71 sch 1\n(sec.14-ssec.1) A person who is or becomes an owner of a cat or dog that is not implanted with a PPID must ensure the cat or dog is implanted with a PPID before it is 12 weeks old unless the person has a reasonable excuse. Maximum penalty—20 penalty units. A cat or dog that is more than 12 weeks old on the commencement of this section need not be implanted with a PPID unless it is supplied. See section 43Y .\n(sec.14-ssec.2) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove— there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting it with a PPID is likely to be a serious risk to the health of the cat or dog; or for a dog, the ownership is to use it as— a government entity dog; or a working dog; or another class of dog prescribed under a regulation.\n- (a) there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting it with a PPID is likely to be a serious risk to the health of the cat or dog; or\n- (b) for a dog, the ownership is to use it as— (i) a government entity dog; or (ii) a working dog; or (iii) another class of dog prescribed under a regulation.\n- (i) a government entity dog; or\n- (ii) a working dog; or\n- (iii) another class of dog prescribed under a regulation.\n- (i) a government entity dog; or\n- (ii) a working dog; or\n- (iii) another class of dog prescribed under a regulation.","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":null,"content":"### Section sec.15\n\ns 15 om 2009 No. 17 s 292","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Notice of changed PPID information","content":"### sec.16 Notice of changed PPID information\n\nThis section applies if PPID information for a cat or dog changes (the changed information ).\nThe owner of the cat or dog must, within 7 days, give notice of the changed information to a licence holder unless the person has a reasonable excuse.\nMaximum penalty—5 penalty units.\nThe licence holder must electronically update the information within 7 days after receiving it. See section 36 (2) .\ns 16 amd 2015 No. 15 s 99 sch 1 ; 2016 No. 28 s 71 sch 1\n(sec.16-ssec.1) This section applies if PPID information for a cat or dog changes (the changed information ).\n(sec.16-ssec.2) The owner of the cat or dog must, within 7 days, give notice of the changed information to a licence holder unless the person has a reasonable excuse. Maximum penalty—5 penalty units. The licence holder must electronically update the information within 7 days after receiving it. See section 36 (2) .","sortOrder":25},{"sectionNumber":"ch.2-pt.1-div.2","sectionType":"division","heading":null,"content":"","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":null,"content":"### Section sec.17\n\ns 17 om 2015 No. 15 s 26","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":null,"content":"### Section sec.18\n\ns 18 om 2015 No. 15 s 26","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":null,"content":"### Section sec.19\n\ns 19 om 2015 No. 15 s 26","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":null,"content":"### Section sec.20\n\ns 20 om 2015 No. 15 s 26","sortOrder":30},{"sectionNumber":"ch.2-pt.1-div.3","sectionType":"division","heading":"Implanting PPIDs","content":"## Implanting PPIDs","sortOrder":31},{"sectionNumber":"sec.21","sectionType":"section","heading":"Only authorised implanter may implant PPID","content":"### sec.21 Only authorised implanter may implant PPID\n\nA person, other than an authorised implanter, must not implant a PPID in a cat or dog.\nMaximum penalty—100 penalty units.","sortOrder":32},{"sectionNumber":"sec.22","sectionType":"section","heading":"Electronic identification device that is not a PPID must not be implanted","content":"### sec.22 Electronic identification device that is not a PPID must not be implanted\n\nAn authorised implanter must not implant an electronic identification device that is not a PPID into a cat or dog.\nMaximum penalty—60 penalty units.\ns 22 sub 2015 No. 15 s 28","sortOrder":33},{"sectionNumber":"sec.23","sectionType":"section","heading":"Requirements for PPID","content":"### sec.23 Requirements for PPID\n\nBefore an authorised implanter implants a PPID in a cat or dog, the authorised implanter must ensure the PPID—\nstores the unique identification number for the PPID; and\ncomplies with the requirements prescribed under a regulation.\nMaximum penalty—40 penalty units.\ns 23 amd 2015 No. 15 s 29\n- (a) stores the unique identification number for the PPID; and\n- (b) complies with the requirements prescribed under a regulation.","sortOrder":34},{"sectionNumber":"sec.24","sectionType":"section","heading":"Age restriction for implanting PPID","content":"### sec.24 Age restriction for implanting PPID\n\nAn authorised implanter must not implant a PPID in a cat or dog that is less than 8 weeks old, unless—\nthe implanter has a reasonable excuse; or\nthe implanter is a veterinary surgeon who considers implanting the PPID is not likely to be a serious risk to the health of the cat or dog; or\nthere is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting the PPID when it is less than 8 weeks old is not likely to be a serious risk to the health of the cat or dog.\nMaximum penalty—60 penalty units.\nIt is a reasonable excuse if the cat or dog’s owner advised the implanter that it was 8 weeks or older.\ns 24 amd 2009 No. 51 s 40\n(sec.24-ssec.1) An authorised implanter must not implant a PPID in a cat or dog that is less than 8 weeks old, unless— the implanter has a reasonable excuse; or the implanter is a veterinary surgeon who considers implanting the PPID is not likely to be a serious risk to the health of the cat or dog; or there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting the PPID when it is less than 8 weeks old is not likely to be a serious risk to the health of the cat or dog. Maximum penalty—60 penalty units.\n(sec.24-ssec.2) It is a reasonable excuse if the cat or dog’s owner advised the implanter that it was 8 weeks or older.\n- (a) the implanter has a reasonable excuse; or\n- (b) the implanter is a veterinary surgeon who considers implanting the PPID is not likely to be a serious risk to the health of the cat or dog; or\n- (c) there is a signed veterinary surgeon’s certificate for the cat or dog stating that implanting the PPID when it is less than 8 weeks old is not likely to be a serious risk to the health of the cat or dog.","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"PPID information must be given to licence holder","content":"### sec.25 PPID information must be given to licence holder\n\nThis section applies to an authorised implanter who implants a PPID in a cat or dog.\nThe authorised implanter must, within 7 days, give notice to a licence holder providing a PPID registry service relating to the cat or dog stating—\nthat it has been implanted with a PPID; and\nthe unique identification number for the PPID.\nMaximum penalty—20 penalty units.\nSee also section 37 for the identifying information or PPID information that an authorised implanter may give to particular persons.\ns 25 amd 2013 No. 41 s 33 ; 2015 No. 15 s 30 ; 2016 No. 28 s 71 sch 1\n(sec.25-ssec.1) This section applies to an authorised implanter who implants a PPID in a cat or dog.\n(sec.25-ssec.2) The authorised implanter must, within 7 days, give notice to a licence holder providing a PPID registry service relating to the cat or dog stating— that it has been implanted with a PPID; and the unique identification number for the PPID. Maximum penalty—20 penalty units. See also section 37 for the identifying information or PPID information that an authorised implanter may give to particular persons.\n- (a) that it has been implanted with a PPID; and\n- (b) the unique identification number for the PPID.","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"PPID information must be kept","content":"### sec.26 PPID information must be kept\n\nThis section applies to an authorised implanter who has, under section 25 , given notice to a licence holder.\nThe authorised implanter must keep the PPID information for the cat or dog for 1 year after the cat or dog is implanted unless the implanter has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a reasonable excuse if the PPID information is destroyed by fire, flood or storm.\ns 26 amd 2015 No. 15 s 99 sch 1\n(sec.26-ssec.1) This section applies to an authorised implanter who has, under section 25 , given notice to a licence holder.\n(sec.26-ssec.2) The authorised implanter must keep the PPID information for the cat or dog for 1 year after the cat or dog is implanted unless the implanter has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.26-ssec.3) It is a reasonable excuse if the PPID information is destroyed by fire, flood or storm.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Chief executive may suspend or prohibit","content":"### sec.27 Chief executive may suspend or prohibit\n\nIf the chief executive reasonably believes a ground under section 28 exists in relation to an authorised implanter, the chief executive may, by complying with sections 29 to 33 , take the following action (the proposed action ) against the implanter—\nprohibit the implanter from implanting PPIDs in cats or dogs for a stated period ( suspension );\nprohibit the implanter from implanting PPIDs in cats or dogs indefinitely ( prohibition ).\n- (a) prohibit the implanter from implanting PPIDs in cats or dogs for a stated period ( suspension );\n- (b) prohibit the implanter from implanting PPIDs in cats or dogs indefinitely ( prohibition ).","sortOrder":38},{"sectionNumber":"sec.28","sectionType":"section","heading":"Grounds for suspension or prohibition","content":"### sec.28 Grounds for suspension or prohibition\n\nEach of the following is a ground for section 27 —\ngiving the chief executive or a licence holder false or misleading information relating to the performance of functions under this Act;\na failure to comply with this part.\n- (a) giving the chief executive or a licence holder false or misleading information relating to the performance of functions under this Act;\n- (b) a failure to comply with this part.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Show cause notice","content":"### sec.29 Show cause notice\n\nThe chief executive must give the implanter a notice under this section (a show cause notice ).\nThe show cause notice must state—\nthe proposed action; and\nthe grounds for the proposed action; and\nan outline of the facts and circumstances forming the basis for the grounds; and\nif the proposed action is suspension—the proposed suspension period; and\nthat the implanter may, within a stated period (the show cause period ), make written representations to the chief executive why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the implanter.\n(sec.29-ssec.1) The chief executive must give the implanter a notice under this section (a show cause notice ).\n(sec.29-ssec.2) The show cause notice must state— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension—the proposed suspension period; and that the implanter may, within a stated period (the show cause period ), make written representations to the chief executive why the proposed action should not be taken.\n(sec.29-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the implanter.\n- (a) the proposed action; and\n- (b) the grounds for the proposed action; and\n- (c) an outline of the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is suspension—the proposed suspension period; and\n- (e) that the implanter may, within a stated period (the show cause period ), make written representations to the chief executive why the proposed action should not be taken.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.30 Representations about show cause notice\n\nThe implanter may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\nThe chief executive must consider all representations (the accepted representations ) made under subsection (1) .\n(sec.30-ssec.1) The implanter may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\n(sec.30-ssec.2) The chief executive must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":41},{"sectionNumber":"sec.31","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.31 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action.\nThe chief executive must not take any further action about the show cause notice.\nThe chief executive must give the implanter a notice stating that the proposed action will not be taken.\n(sec.31-ssec.1) This section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action.\n(sec.31-ssec.2) The chief executive must not take any further action about the show cause notice.\n(sec.31-ssec.3) The chief executive must give the implanter a notice stating that the proposed action will not be taken.","sortOrder":42},{"sectionNumber":"sec.32","sectionType":"section","heading":"Suspension or prohibition","content":"### sec.32 Suspension or prohibition\n\nThis section applies if—\nthere are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or\nthere are no accepted representations.\nIf the chief executive believes suspension or prohibition of the implanter is warranted, the chief executive may—\nif the proposed action was suspension—suspend the implanter for no longer than the stated period; or\nif the proposed action was prohibition—either prohibit the implanter or suspend the implanter for a stated period.\nThe chief executive must give an information notice for the decision to the implanter.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the implanter;\nthe day stated in the information notice for that purpose.\n(sec.32-ssec.1) This section applies if— there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or there are no accepted representations.\n(sec.32-ssec.2) If the chief executive believes suspension or prohibition of the implanter is warranted, the chief executive may— if the proposed action was suspension—suspend the implanter for no longer than the stated period; or if the proposed action was prohibition—either prohibit the implanter or suspend the implanter for a stated period.\n(sec.32-ssec.3) The chief executive must give an information notice for the decision to the implanter.\n(sec.32-ssec.4) The decision takes effect on the later of the following days— the day the information notice is given to the implanter; the day stated in the information notice for that purpose.\n- (a) there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or\n- (b) there are no accepted representations.\n- (a) if the proposed action was suspension—suspend the implanter for no longer than the stated period; or\n- (b) if the proposed action was prohibition—either prohibit the implanter or suspend the implanter for a stated period.\n- (a) the day the information notice is given to the implanter;\n- (b) the day stated in the information notice for that purpose.","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Immediate suspension","content":"### sec.33 Immediate suspension\n\nThe chief executive may suspend the implanter immediately if the chief executive believes—\na ground exists to suspend or prohibit the implanter from implanting PPIDs; and\nit is necessary to suspend the implanter immediately because there is an immediate and serious risk of harm to the effectiveness of the identification or registration of cats or dogs under this Act.\nThe suspension—\nmust be effected by an information notice for the decision given by the chief executive to the implanter to suspend the implanter together with a show cause notice; and\noperates immediately the notices are given; and\ncontinues to operate until the earliest of the following happens—\nthe chief executive cancels the remaining period of the suspension;\nthe show cause notice is finally dealt with;\n28 days have passed since the notices were given to the implanter.\n(sec.33-ssec.1) The chief executive may suspend the implanter immediately if the chief executive believes— a ground exists to suspend or prohibit the implanter from implanting PPIDs; and it is necessary to suspend the implanter immediately because there is an immediate and serious risk of harm to the effectiveness of the identification or registration of cats or dogs under this Act.\n(sec.33-ssec.2) The suspension— must be effected by an information notice for the decision given by the chief executive to the implanter to suspend the implanter together with a show cause notice; and operates immediately the notices are given; and continues to operate until the earliest of the following happens— the chief executive cancels the remaining period of the suspension; the show cause notice is finally dealt with; 28 days have passed since the notices were given to the implanter.\n- (a) a ground exists to suspend or prohibit the implanter from implanting PPIDs; and\n- (b) it is necessary to suspend the implanter immediately because there is an immediate and serious risk of harm to the effectiveness of the identification or registration of cats or dogs under this Act.\n- (a) must be effected by an information notice for the decision given by the chief executive to the implanter to suspend the implanter together with a show cause notice; and\n- (b) operates immediately the notices are given; and\n- (c) continues to operate until the earliest of the following happens— (i) the chief executive cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 28 days have passed since the notices were given to the implanter.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 28 days have passed since the notices were given to the implanter.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 28 days have passed since the notices were given to the implanter.","sortOrder":44},{"sectionNumber":"ch.2-pt.1-div.4","sectionType":"division","heading":"Removing PPIDs","content":"## Removing PPIDs","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"PPID must not be removed or otherwise interfered with","content":"### sec.34 PPID must not be removed or otherwise interfered with\n\nA person must not remove or otherwise interfere with a PPID that is implanted in a cat or dog unless—\nthe person is a veterinary surgeon; and\nthe removal or interference is needed to address a serious risk to the health of the cat or dog.\nMaximum penalty—100 penalty units.\nIn this section—\ninterfere with , a PPID, means to interfere with it in a way that causes the PPID not to work properly.\ns 34 amd 2009 No. 51 s 41 ; 2015 No. 15 s 99 sch 1\n(sec.34-ssec.1) A person must not remove or otherwise interfere with a PPID that is implanted in a cat or dog unless— the person is a veterinary surgeon; and the removal or interference is needed to address a serious risk to the health of the cat or dog. Maximum penalty—100 penalty units.\n(sec.34-ssec.2) In this section— interfere with , a PPID, means to interfere with it in a way that causes the PPID not to work properly.\n- (a) the person is a veterinary surgeon; and\n- (b) the removal or interference is needed to address a serious risk to the health of the cat or dog.","sortOrder":46},{"sectionNumber":"ch.2-pt.1-div.5","sectionType":"division","heading":"PPID registry services","content":"## PPID registry services","sortOrder":47},{"sectionNumber":"sec.35","sectionType":"section","heading":"Person must not offer or provide PPID registry service","content":"### sec.35 Person must not offer or provide PPID registry service\n\nA person, other than a licence holder, must not offer or provide a PPID registry service.\nMaximum penalty—100 penalty units.\ns 35 amd 2015 No. 15 s 99 sch 1","sortOrder":48},{"sectionNumber":"sec.36","sectionType":"section","heading":"Licence holder’s obligations","content":"### sec.36 Licence holder’s obligations\n\nA licence holder must, for each cat or dog for which the holder is providing a PPID registry service, keep and maintain—\nthe PPID information for the cat or dog; and\ncopies of the records from which the information was obtained.\nMaximum penalty—180 penalty units.\nIf, under section 16 , the licence holder receives a notice about changed information for the cat or dog, the holder must, within 7 days, electronically update the information in a way that reflects the change.\nMaximum penalty—180 penalty units.\ns 36 amd 2015 No. 15 s 99 sch 1\n(sec.36-ssec.1) A licence holder must, for each cat or dog for which the holder is providing a PPID registry service, keep and maintain— the PPID information for the cat or dog; and copies of the records from which the information was obtained. Maximum penalty—180 penalty units.\n(sec.36-ssec.2) If, under section 16 , the licence holder receives a notice about changed information for the cat or dog, the holder must, within 7 days, electronically update the information in a way that reflects the change. Maximum penalty—180 penalty units. s 36 amd 2015 No. 15 s 99 sch 1\n- (a) the PPID information for the cat or dog; and\n- (b) copies of the records from which the information was obtained.","sortOrder":49},{"sectionNumber":"ch.2-pt.1-div.6","sectionType":"division","heading":"Giving identifying information and PPID information","content":"## Giving identifying information and PPID information","sortOrder":50},{"sectionNumber":"sec.37","sectionType":"section","heading":"Authorised implanter may give identifying information or PPID information to particular persons","content":"### sec.37 Authorised implanter may give identifying information or PPID information to particular persons\n\nAn authorised implanter who has implanted a PPID in a cat or dog must not give any identifying information or PPID information for the cat or dog to another person unless—\nthe person is—\nengaged or employed by the implanter performing functions under this Act; or\na licence holder or a person engaged or employed by the holder, performing functions under this Act; or\nthe owner of the cat or dog; or\nthe chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\nthe chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\nan authorised person performing functions under this Act; or\nthe owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.\nMaximum penalty—30 penalty units.\ns 37 amd 2013 No. 41 s 35 ; 2015 No. 15 s 99 sch 1\n- (a) the person is— (i) engaged or employed by the implanter performing functions under this Act; or (ii) a licence holder or a person engaged or employed by the holder, performing functions under this Act; or (iii) the owner of the cat or dog; or (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or (vi) an authorised person performing functions under this Act; or\n- (i) engaged or employed by the implanter performing functions under this Act; or\n- (ii) a licence holder or a person engaged or employed by the holder, performing functions under this Act; or\n- (iii) the owner of the cat or dog; or\n- (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\n- (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\n- (vi) an authorised person performing functions under this Act; or\n- (b) the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.\n- (i) engaged or employed by the implanter performing functions under this Act; or\n- (ii) a licence holder or a person engaged or employed by the holder, performing functions under this Act; or\n- (iii) the owner of the cat or dog; or\n- (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\n- (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\n- (vi) an authorised person performing functions under this Act; or","sortOrder":51},{"sectionNumber":"sec.38","sectionType":"section","heading":"Licence holder may give identifying information or PPID information to particular persons","content":"### sec.38 Licence holder may give identifying information or PPID information to particular persons\n\nA licence holder providing a PPID registry service must not give any identifying information or PPID information for a cat or dog to another person unless—\nthe person is—\nanother licence holder or person engaged or employed by the holder, performing functions under this Act; or\nan authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or\nthe owner of the cat or dog; or\nthe chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\nthe chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\nan authorised person performing functions under this Act; or\nthe owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.\nMaximum penalty—30 penalty units.\ns 38 amd 2013 No. 41 s 36 ; 2015 No. 15 s 99 sch 1\n- (a) the person is— (i) another licence holder or person engaged or employed by the holder, performing functions under this Act; or (ii) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or (iii) the owner of the cat or dog; or (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or (vi) an authorised person performing functions under this Act; or\n- (i) another licence holder or person engaged or employed by the holder, performing functions under this Act; or\n- (ii) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or\n- (iii) the owner of the cat or dog; or\n- (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\n- (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\n- (vi) an authorised person performing functions under this Act; or\n- (b) the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.\n- (i) another licence holder or person engaged or employed by the holder, performing functions under this Act; or\n- (ii) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or\n- (iii) the owner of the cat or dog; or\n- (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\n- (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\n- (vi) an authorised person performing functions under this Act; or","sortOrder":52},{"sectionNumber":"sec.39","sectionType":"section","heading":"Relevant local government may give identifying information to particular persons","content":"### sec.39 Relevant local government may give identifying information to particular persons\n\nA relevant local government for a cat or dog must not give any identifying information for the cat or dog to a person unless—\nthe person is—\nan authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or\na licence holder or person engaged or employed by the holder, performing functions under this Act; or\nthe owner of the cat or dog; or\nthe chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\nthe chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\nan authorised person performing functions under this Act; or\nthe owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.\n- (a) the person is— (i) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or (ii) a licence holder or person engaged or employed by the holder, performing functions under this Act; or (iii) the owner of the cat or dog; or (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or (vi) an authorised person performing functions under this Act; or\n- (i) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or\n- (ii) a licence holder or person engaged or employed by the holder, performing functions under this Act; or\n- (iii) the owner of the cat or dog; or\n- (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\n- (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\n- (vi) an authorised person performing functions under this Act; or\n- (b) the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog.\n- (i) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or\n- (ii) a licence holder or person engaged or employed by the holder, performing functions under this Act; or\n- (iii) the owner of the cat or dog; or\n- (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or\n- (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or\n- (vi) an authorised person performing functions under this Act; or","sortOrder":53},{"sectionNumber":"ch.2-pt.1-div.7","sectionType":"division","heading":"Pound or shelter operators","content":"## Pound or shelter operators","sortOrder":54},{"sectionNumber":"sec.40","sectionType":"section","heading":"Operator must ensure cat or dog is scanned","content":"### sec.40 Operator must ensure cat or dog is scanned\n\nThis section applies to the operator of a pound or shelter.\nThe operator must ensure a cat or dog entering the pound or shelter is scanned, within 3 days after its entry, in a way that is likely to detect a PPID implanted in the cat or dog.\nMaximum penalty—30 penalty units.\nSubsection (2) does not apply to the operator if—\nthe cat or dog behaves aggressively towards a person attempting to scan the cat or dog; and\nthe operator reasonably believes that compliance with subsection (2) may endanger the health of anyone attempting to scan the cat or dog.\nIn this section—\npound or shelter includes a veterinary surgery to the extent it provides shelter for a cat or dog that is homeless, lost or stray.\ns 40 amd 2015 No. 15 s 99 sch 1\n(sec.40-ssec.1) This section applies to the operator of a pound or shelter.\n(sec.40-ssec.2) The operator must ensure a cat or dog entering the pound or shelter is scanned, within 3 days after its entry, in a way that is likely to detect a PPID implanted in the cat or dog. Maximum penalty—30 penalty units.\n(sec.40-ssec.3) Subsection (2) does not apply to the operator if— the cat or dog behaves aggressively towards a person attempting to scan the cat or dog; and the operator reasonably believes that compliance with subsection (2) may endanger the health of anyone attempting to scan the cat or dog.\n(sec.40-ssec.4) In this section— pound or shelter includes a veterinary surgery to the extent it provides shelter for a cat or dog that is homeless, lost or stray.\n- (a) the cat or dog behaves aggressively towards a person attempting to scan the cat or dog; and\n- (b) the operator reasonably believes that compliance with subsection (2) may endanger the health of anyone attempting to scan the cat or dog.","sortOrder":55},{"sectionNumber":"sec.41","sectionType":"section","heading":"Protection of particular persons dealing with cat or dog","content":"### sec.41 Protection of particular persons dealing with cat or dog\n\nThis section applies if—\neither—\na cat or dog is scanned in the way required under section 40 (2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or\nsection 40 (3) applies in relation to the cat or dog; and\na person mentioned in section 40 or someone else (the protected person ) who does not know who owns the cat or dog deals with it relying on—\nthe result of the scan; or\nthe absence of a scan of the cat or dog because of the matters mentioned in section 40 (3) .\nThe protected person is not civilly liable to the owner in relation to the dealing to the extent that—\nthe dealing is adverse to the owner’s rights concerning the cat or dog or may have an effect on the owner’s health; and\ngiving the cat or dog away\ndestroying the cat or dog\napart from this section, the dealing would give rise to a right of action by the owner against the protected person.\nAlso, the protected person is not criminally liable for doing any act or making any omission in relation to the cat or dog if the act or omission could lawfully be done or omitted to be done by the owner.\ns 41 amd 2015 No. 15 s 99 sch 1\n(sec.41-ssec.1) This section applies if— either— a cat or dog is scanned in the way required under section 40 (2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or section 40 (3) applies in relation to the cat or dog; and a person mentioned in section 40 or someone else (the protected person ) who does not know who owns the cat or dog deals with it relying on— the result of the scan; or the absence of a scan of the cat or dog because of the matters mentioned in section 40 (3) .\n(sec.41-ssec.2) The protected person is not civilly liable to the owner in relation to the dealing to the extent that— the dealing is adverse to the owner’s rights concerning the cat or dog or may have an effect on the owner’s health; and giving the cat or dog away destroying the cat or dog apart from this section, the dealing would give rise to a right of action by the owner against the protected person.\n(sec.41-ssec.3) Also, the protected person is not criminally liable for doing any act or making any omission in relation to the cat or dog if the act or omission could lawfully be done or omitted to be done by the owner.\n- (a) either— (i) a cat or dog is scanned in the way required under section 40 (2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or (ii) section 40 (3) applies in relation to the cat or dog; and\n- (i) a cat or dog is scanned in the way required under section 40 (2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or\n- (ii) section 40 (3) applies in relation to the cat or dog; and\n- (b) a person mentioned in section 40 or someone else (the protected person ) who does not know who owns the cat or dog deals with it relying on— (i) the result of the scan; or (ii) the absence of a scan of the cat or dog because of the matters mentioned in section 40 (3) .\n- (i) the result of the scan; or\n- (ii) the absence of a scan of the cat or dog because of the matters mentioned in section 40 (3) .\n- (i) a cat or dog is scanned in the way required under section 40 (2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or\n- (ii) section 40 (3) applies in relation to the cat or dog; and\n- (i) the result of the scan; or\n- (ii) the absence of a scan of the cat or dog because of the matters mentioned in section 40 (3) .\n- (a) the dealing is adverse to the owner’s rights concerning the cat or dog or may have an effect on the owner’s health; and Examples— 1 giving the cat or dog away 2 destroying the cat or dog\n- 1 giving the cat or dog away\n- 2 destroying the cat or dog\n- (b) apart from this section, the dealing would give rise to a right of action by the owner against the protected person.\n- 1 giving the cat or dog away\n- 2 destroying the cat or dog","sortOrder":56},{"sectionNumber":"ch.2-pt.2","sectionType":"part","heading":"Desexing tattoos","content":"# Desexing tattoos","sortOrder":57},{"sectionNumber":"sec.42","sectionType":"section","heading":"Desexed cat or dog must be tattooed","content":"### sec.42 Desexed cat or dog must be tattooed\n\nAn owner of a desexed cat or dog must ensure the cat or dog is tattooed when it is desexed.\nMaximum penalty—20 penalty units.\nSee section 215 for circumstances in which an owner of a cat or dog does not contravene subsection (1) .\nA veterinary surgeon desexing a cat or dog must ensure it is tattooed for desexing.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) for the defendant to prove the cat or dog—\nis a cat or dog for which there is a signed veterinary surgeon’s certificate stating, or other evidence, that tattooing the cat or dog is likely to be a serious risk to its health; or\nis, or is proposed to be, a show cat or dog and tattooing it may reasonably be considered by a person acting as a judge of the cat or dog as a blemish that is detrimental to its value as a show cat or dog.\nIn this section—\nshow cat or dog means a cat or dog participating in or being exhibited at an exhibition supervised by a body recognised for this section by the relevant local government.\ns 42 amd 2016 No. 28 s 71 sch 1\n(sec.42-ssec.1) An owner of a desexed cat or dog must ensure the cat or dog is tattooed when it is desexed. Maximum penalty—20 penalty units. See section 215 for circumstances in which an owner of a cat or dog does not contravene subsection (1) .\n(sec.42-ssec.2) A veterinary surgeon desexing a cat or dog must ensure it is tattooed for desexing. Maximum penalty—20 penalty units.\n(sec.42-ssec.3) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove the cat or dog— is a cat or dog for which there is a signed veterinary surgeon’s certificate stating, or other evidence, that tattooing the cat or dog is likely to be a serious risk to its health; or is, or is proposed to be, a show cat or dog and tattooing it may reasonably be considered by a person acting as a judge of the cat or dog as a blemish that is detrimental to its value as a show cat or dog.\n(sec.42-ssec.4) In this section— show cat or dog means a cat or dog participating in or being exhibited at an exhibition supervised by a body recognised for this section by the relevant local government.\n- (a) is a cat or dog for which there is a signed veterinary surgeon’s certificate stating, or other evidence, that tattooing the cat or dog is likely to be a serious risk to its health; or\n- (b) is, or is proposed to be, a show cat or dog and tattooing it may reasonably be considered by a person acting as a judge of the cat or dog as a blemish that is detrimental to its value as a show cat or dog.","sortOrder":58},{"sectionNumber":"sec.43","sectionType":"section","heading":"Person must not tattoo an undesexed cat or dog","content":"### sec.43 Person must not tattoo an undesexed cat or dog\n\nA person must not tattoo an undesexed cat or dog for desexing.\nMaximum penalty—100 penalty units.","sortOrder":59},{"sectionNumber":"ch.2A-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":60},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Definitions for chapter","content":"### sec.43A Definitions for chapter\n\nIn this chapter—\naccreditation number see section 43C (1) .\naccredited breeder , of an approved entity, see section 43B (1) .\napproval day , for an approved entity, means the day the entity is prescribed as an approved entity under section 43W .\napproved entity means an entity prescribed as an approved entity under section 43W .\nbreeder ID number , of a registered breeder, see section 43G (1) (b) .\ndesignated details , of a person, means the following details—\nthe person’s name;\nthe address of—\nif the person is an individual—the person’s place of residence; or\nif the person is a body corporate—the body corporate’s place of business, head office or registered office;\nthe local government area in which—\nif the person is an individual—the person’s place of residence is located; or\nif the person is a body corporate—the body corporate’s place of business, head office or registered office is located;\nthe person’s telephone number;\nthe person’s email address.\nineligible person see section 43D .\nonline breeder registration system means the online system for breeder registration and related matters on, or accessible from, the department’s website.\nregistered breeder means a person registered under part 2 .\nregistration date see section 43G (2) (c) .\nrenewal date see section 43L (2) (c) .\nrenewal fee see section 43J (2) (b) (ii) .\nrenewal notice see section 43J (1) .\ns 43A ins 2016 No. 28 s 11\n- (a) the person’s name;\n- (b) the address of— (i) if the person is an individual—the person’s place of residence; or (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office;\n- (i) if the person is an individual—the person’s place of residence; or\n- (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office;\n- (c) the local government area in which— (i) if the person is an individual—the person’s place of residence is located; or (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;\n- (i) if the person is an individual—the person’s place of residence is located; or\n- (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;\n- (d) the person’s telephone number;\n- (e) the person’s email address.\n- (i) if the person is an individual—the person’s place of residence; or\n- (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office;\n- (i) if the person is an individual—the person’s place of residence is located; or\n- (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;","sortOrder":61},{"sectionNumber":"sec.43B","sectionType":"section","heading":"Who is an accredited breeder","content":"### sec.43B Who is an accredited breeder\n\nA person is an accredited breeder , of an approved entity, if the person is accredited by the approved entity to breed dogs under an accreditation scheme conducted by the approved entity.\nFor subsection (1) , it does not matter that the person is accredited before the approval day for the approved entity.\nHowever, if the person is accredited before the approval day for the approved entity, the person only becomes an accredited breeder of the approved entity on the approved entity’s approval day.\ns 43B ins 2016 No. 28 s 11\n(sec.43B-ssec.1) A person is an accredited breeder , of an approved entity, if the person is accredited by the approved entity to breed dogs under an accreditation scheme conducted by the approved entity.\n(sec.43B-ssec.2) For subsection (1) , it does not matter that the person is accredited before the approval day for the approved entity.\n(sec.43B-ssec.3) However, if the person is accredited before the approval day for the approved entity, the person only becomes an accredited breeder of the approved entity on the approved entity’s approval day.","sortOrder":62},{"sectionNumber":"sec.43C","sectionType":"section","heading":"What is an accreditation number","content":"### sec.43C What is an accreditation number\n\nAn accreditation number is the unique identifying number an approved entity gives a person who is an accredited breeder of the approved entity.\nFor subsection (1) , it does not matter that the unique identifying number is given before the approval day for the approved entity.\nHowever, if the unique identifying number is given before the approval day for the approved entity, the number only becomes the accreditation number of the accredited breeder on the approved entity’s approval day.\ns 43C ins 2016 No. 28 s 11\n(sec.43C-ssec.1) An accreditation number is the unique identifying number an approved entity gives a person who is an accredited breeder of the approved entity.\n(sec.43C-ssec.2) For subsection (1) , it does not matter that the unique identifying number is given before the approval day for the approved entity.\n(sec.43C-ssec.3) However, if the unique identifying number is given before the approval day for the approved entity, the number only becomes the accreditation number of the accredited breeder on the approved entity’s approval day.","sortOrder":63},{"sectionNumber":"sec.43D","sectionType":"section","heading":"Who is an ineligible person","content":"### sec.43D Who is an ineligible person\n\nA person is an ineligible person if—\nthe person is a child; or\nthe person is subject to—\na prohibition order or an interim prohibition order made under the Animal Care and Protection Act 2001 ; or\nan order made under a law of another State or the Commonwealth having the same, or substantially the same, effect as an order mentioned in subparagraph (i) ; or\nthe person’s registration as a registered breeder has been cancelled under part 2 , division 4 in the last 5 years; or\nthe person’s registration, under a corresponding law, to breed dogs has been cancelled in the last 5 years.\ns 43D ins 2016 No. 28 s 11\n- (a) the person is a child; or\n- (b) the person is subject to— (i) a prohibition order or an interim prohibition order made under the Animal Care and Protection Act 2001 ; or (ii) an order made under a law of another State or the Commonwealth having the same, or substantially the same, effect as an order mentioned in subparagraph (i) ; or\n- (i) a prohibition order or an interim prohibition order made under the Animal Care and Protection Act 2001 ; or\n- (ii) an order made under a law of another State or the Commonwealth having the same, or substantially the same, effect as an order mentioned in subparagraph (i) ; or\n- (c) the person’s registration as a registered breeder has been cancelled under part 2 , division 4 in the last 5 years; or\n- (d) the person’s registration, under a corresponding law, to breed dogs has been cancelled in the last 5 years.\n- (i) a prohibition order or an interim prohibition order made under the Animal Care and Protection Act 2001 ; or\n- (ii) an order made under a law of another State or the Commonwealth having the same, or substantially the same, effect as an order mentioned in subparagraph (i) ; or","sortOrder":64},{"sectionNumber":"ch.2A-pt.2","sectionType":"part","heading":"Registration of dog breeders","content":"# Registration of dog breeders","sortOrder":65},{"sectionNumber":"ch.2A-pt.2-div.1","sectionType":"division","heading":"Registration","content":"## Registration","sortOrder":66},{"sectionNumber":"sec.43E","sectionType":"section","heading":"Registration obligation","content":"### sec.43E Registration obligation\n\nThis section applies to a person who—\nbreeds a dog; and\non the day the dog is born, is not a registered breeder.\nThe person must, within 28 days after the day the dog is born, apply to be registered as a registered breeder unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nHowever, a person does not commit an offence against subsection (2) if the person is—\nan accredited breeder of an approved entity; or\na primary producer who has bred the dog from a working dog—\nto use as a working dog; or\nto supply the dog to another primary producer to use as a working dog; or\na member of a class of persons prescribed by regulation.\nAlso, a person does not commit an offence against subsection (2) if the dog dies within 28 days after the day it is born.\ns 43E ins 2016 No. 28 s 11\n(sec.43E-ssec.1) This section applies to a person who— breeds a dog; and on the day the dog is born, is not a registered breeder.\n(sec.43E-ssec.2) The person must, within 28 days after the day the dog is born, apply to be registered as a registered breeder unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.43E-ssec.3) However, a person does not commit an offence against subsection (2) if the person is— an accredited breeder of an approved entity; or a primary producer who has bred the dog from a working dog— to use as a working dog; or to supply the dog to another primary producer to use as a working dog; or a member of a class of persons prescribed by regulation.\n(sec.43E-ssec.4) Also, a person does not commit an offence against subsection (2) if the dog dies within 28 days after the day it is born.\n- (a) breeds a dog; and\n- (b) on the day the dog is born, is not a registered breeder.\n- (a) an accredited breeder of an approved entity; or\n- (b) a primary producer who has bred the dog from a working dog— (i) to use as a working dog; or (ii) to supply the dog to another primary producer to use as a working dog; or\n- (i) to use as a working dog; or\n- (ii) to supply the dog to another primary producer to use as a working dog; or\n- (c) a member of a class of persons prescribed by regulation.\n- (i) to use as a working dog; or\n- (ii) to supply the dog to another primary producer to use as a working dog; or","sortOrder":67},{"sectionNumber":"sec.43F","sectionType":"section","heading":"Applying for registration","content":"### sec.43F Applying for registration\n\nA person, other than an ineligible person, may apply to the chief executive to be registered as a registered breeder.\nThe application must be made—\nelectronically using the online breeder registration system; or\nin the approved form.\nAlso, the application must—\ninclude the designated details of the person; and\nbe accompanied by the fee prescribed by regulation.\ns 43F ins 2016 No. 28 s 11\n(sec.43F-ssec.1) A person, other than an ineligible person, may apply to the chief executive to be registered as a registered breeder.\n(sec.43F-ssec.2) The application must be made— electronically using the online breeder registration system; or in the approved form.\n(sec.43F-ssec.3) Also, the application must— include the designated details of the person; and be accompanied by the fee prescribed by regulation.\n- (a) electronically using the online breeder registration system; or\n- (b) in the approved form.\n- (a) include the designated details of the person; and\n- (b) be accompanied by the fee prescribed by regulation.","sortOrder":68},{"sectionNumber":"sec.43G","sectionType":"section","heading":"Registration of person as registered breeder","content":"### sec.43G Registration of person as registered breeder\n\nThe chief executive must, as soon as practicable after receiving an application under section 43F —\nregister the person as a registered breeder by recording the person’s designated details in the breeder register; and\nissue a unique identifying number (the breeder ID number ) for the person; and\ngive the person a notice about the person’s registration as a registered breeder.\nThe notice must state—\nthe designated details of the person as recorded in the breeder register; and\nthe person’s breeder ID number; and\nthe date the person was registered (the registration date ).\ns 43G ins 2016 No. 28 s 11\n(sec.43G-ssec.1) The chief executive must, as soon as practicable after receiving an application under section 43F — register the person as a registered breeder by recording the person’s designated details in the breeder register; and issue a unique identifying number (the breeder ID number ) for the person; and give the person a notice about the person’s registration as a registered breeder.\n(sec.43G-ssec.2) The notice must state— the designated details of the person as recorded in the breeder register; and the person’s breeder ID number; and the date the person was registered (the registration date ).\n- (a) register the person as a registered breeder by recording the person’s designated details in the breeder register; and\n- (b) issue a unique identifying number (the breeder ID number ) for the person; and\n- (c) give the person a notice about the person’s registration as a registered breeder.\n- (a) the designated details of the person as recorded in the breeder register; and\n- (b) the person’s breeder ID number; and\n- (c) the date the person was registered (the registration date ).","sortOrder":69},{"sectionNumber":"sec.43H","sectionType":"section","heading":"Period of registration","content":"### sec.43H Period of registration\n\nA person’s registration as a registered breeder ends 1 year after the registration date stated in the notice given to the person under section 43G , unless the registration is sooner cancelled under division 4 .\ns 43H ins 2016 No. 28 s 11","sortOrder":70},{"sectionNumber":"sec.43I","sectionType":"section","heading":"No transfer of registration","content":"### sec.43I No transfer of registration\n\nA person’s registration as a registered breeder may not be transferred.\ns 43I ins 2016 No. 28 s 11","sortOrder":71},{"sectionNumber":"ch.2A-pt.2-div.2","sectionType":"division","heading":"Renewal of registration","content":"## Renewal of registration","sortOrder":72},{"sectionNumber":"sec.43J","sectionType":"section","heading":"Chief executive must give renewal notice","content":"### sec.43J Chief executive must give renewal notice\n\nThe chief executive must give a registered breeder a notice (a renewal notice ) to renew the breeder’s registration as a registered breeder.\nThe renewal notice must—\nbe given at least 14 days before the registration ends; and\nstate—\nthe designated details of the registered breeder as recorded in the breeder register; and\nthat the registered breeder may renew the registration by paying the fee (the renewal fee ) prescribed by regulation to the chief executive; and\nthe period for which the registration is to be renewed.\ns 43J ins 2016 No. 28 s 11\n(sec.43J-ssec.1) The chief executive must give a registered breeder a notice (a renewal notice ) to renew the breeder’s registration as a registered breeder.\n(sec.43J-ssec.2) The renewal notice must— be given at least 14 days before the registration ends; and state— the designated details of the registered breeder as recorded in the breeder register; and that the registered breeder may renew the registration by paying the fee (the renewal fee ) prescribed by regulation to the chief executive; and the period for which the registration is to be renewed.\n- (a) be given at least 14 days before the registration ends; and\n- (b) state— (i) the designated details of the registered breeder as recorded in the breeder register; and (ii) that the registered breeder may renew the registration by paying the fee (the renewal fee ) prescribed by regulation to the chief executive; and (iii) the period for which the registration is to be renewed.\n- (i) the designated details of the registered breeder as recorded in the breeder register; and\n- (ii) that the registered breeder may renew the registration by paying the fee (the renewal fee ) prescribed by regulation to the chief executive; and\n- (iii) the period for which the registration is to be renewed.\n- (i) the designated details of the registered breeder as recorded in the breeder register; and\n- (ii) that the registered breeder may renew the registration by paying the fee (the renewal fee ) prescribed by regulation to the chief executive; and\n- (iii) the period for which the registration is to be renewed.","sortOrder":73},{"sectionNumber":"sec.43K","sectionType":"section","heading":"Applying for renewal of registration","content":"### sec.43K Applying for renewal of registration\n\nThe registered breeder may renew the breeder’s registration, before the registration ends, by paying the renewal fee.\nThis section applies whether or not the registered breeder has been given a renewal notice.\ns 43K ins 2016 No. 28 s 11\n(sec.43K-ssec.1) The registered breeder may renew the breeder’s registration, before the registration ends, by paying the renewal fee.\n(sec.43K-ssec.2) This section applies whether or not the registered breeder has been given a renewal notice.","sortOrder":74},{"sectionNumber":"sec.43L","sectionType":"section","heading":"Renewal of registration","content":"### sec.43L Renewal of registration\n\nThe chief executive must, within 14 days after receiving the renewal fee, give the registered breeder a notice about the renewal of registration as a registered breeder.\nThe notice must state—\nthe designated details of the registered breeder as recorded in the breeder register; and\nthe breeder ID number of the registered breeder; and\nthe date (the renewal date ) the person’s registration as a registered breeder was renewed.\ns 43L ins 2016 No. 28 s 11\n(sec.43L-ssec.1) The chief executive must, within 14 days after receiving the renewal fee, give the registered breeder a notice about the renewal of registration as a registered breeder.\n(sec.43L-ssec.2) The notice must state— the designated details of the registered breeder as recorded in the breeder register; and the breeder ID number of the registered breeder; and the date (the renewal date ) the person’s registration as a registered breeder was renewed.\n- (a) the designated details of the registered breeder as recorded in the breeder register; and\n- (b) the breeder ID number of the registered breeder; and\n- (c) the date (the renewal date ) the person’s registration as a registered breeder was renewed.","sortOrder":75},{"sectionNumber":"sec.43M","sectionType":"section","heading":"Period of renewal of registration","content":"### sec.43M Period of renewal of registration\n\nA person’s registration ends 1 year after the renewal date stated in the notice given to the person under section 43L , unless the registration is sooner cancelled under division 4 .\ns 43M ins 2016 No. 28 s 11","sortOrder":76},{"sectionNumber":"ch.2A-pt.2-div.3","sectionType":"division","heading":"Amendment of registration","content":"## Amendment of registration","sortOrder":77},{"sectionNumber":"sec.43N","sectionType":"section","heading":"Registered breeder must give chief executive changed information","content":"### sec.43N Registered breeder must give chief executive changed information\n\nThis section applies if the designated details of a registered breeder change.\nThe registered breeder must, unless the breeder has a reasonable excuse, within 7 days after the designated details change, give the chief executive notice of the change in a way mentioned in subsection (3) .\nMaximum penalty—50 penalty units.\nThe notice must be given—\nelectronically using the online breeder registration system; or\nin the approved form.\ns 43N ins 2016 No. 28 s 11\n(sec.43N-ssec.1) This section applies if the designated details of a registered breeder change.\n(sec.43N-ssec.2) The registered breeder must, unless the breeder has a reasonable excuse, within 7 days after the designated details change, give the chief executive notice of the change in a way mentioned in subsection (3) . Maximum penalty—50 penalty units.\n(sec.43N-ssec.3) The notice must be given— electronically using the online breeder registration system; or in the approved form.\n- (a) electronically using the online breeder registration system; or\n- (b) in the approved form.","sortOrder":78},{"sectionNumber":"sec.43O","sectionType":"section","heading":"Chief executive must record changed information and give notice of change","content":"### sec.43O Chief executive must record changed information and give notice of change\n\nThis section applies if the chief executive receives a notice, from a registered breeder, under section 43N .\nThe chief executive must—\nas soon as practicable after receiving the notice, record the change in the designated details of the registered breeder in the breeder register; and\nwithin 14 days after receiving the notice, give the registered breeder a notice stating the designated details of the registered breeder as recorded in the register.\ns 43O ins 2016 No. 28 s 11\n(sec.43O-ssec.1) This section applies if the chief executive receives a notice, from a registered breeder, under section 43N .\n(sec.43O-ssec.2) The chief executive must— as soon as practicable after receiving the notice, record the change in the designated details of the registered breeder in the breeder register; and within 14 days after receiving the notice, give the registered breeder a notice stating the designated details of the registered breeder as recorded in the register.\n- (a) as soon as practicable after receiving the notice, record the change in the designated details of the registered breeder in the breeder register; and\n- (b) within 14 days after receiving the notice, give the registered breeder a notice stating the designated details of the registered breeder as recorded in the register.","sortOrder":79},{"sectionNumber":"ch.2A-pt.2-div.4","sectionType":"division","heading":"Suspension or cancellation of registration","content":"## Suspension or cancellation of registration","sortOrder":80},{"sectionNumber":"sec.43P","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.43P Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a person’s registration as a registered breeder—\nthe person becomes an ineligible person under section 43D (b) ;\nthe person was registered because of a materially false or misleading representation or declaration;\nthe person is charged with an animal welfare offence;\nthe person is charged with an offence against a law of the Commonwealth or another State if the act or omission constituting the offence would, if it happened in Queensland, be an animal welfare offence.\ns 43P ins 2016 No. 28 s 11\n- (a) the person becomes an ineligible person under section 43D (b) ;\n- (b) the person was registered because of a materially false or misleading representation or declaration;\n- (c) the person is charged with an animal welfare offence;\n- (d) the person is charged with an offence against a law of the Commonwealth or another State if the act or omission constituting the offence would, if it happened in Queensland, be an animal welfare offence.","sortOrder":81},{"sectionNumber":"sec.43Q","sectionType":"section","heading":"Show cause notice","content":"### sec.43Q Show cause notice\n\nThis section applies if the chief executive believes a ground exists under section 43P to suspend or cancel (the proposed action ) a person’s registration as a registered breeder.\nThe chief executive must give the person a notice (a show cause notice )—\nstating the proposed action; and\nstating the grounds for the proposed action; and\noutlining the facts and circumstances forming the basis for the grounds; and\nif the proposed action is to suspend the registration—stating the period of the proposed suspension; and\ninviting the person, within a stated period (the show cause period ), to make written representations to the chief executive about why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the day the show cause notice is given to the person.\ns 43Q ins 2016 No. 28 s 11\n(sec.43Q-ssec.1) This section applies if the chief executive believes a ground exists under section 43P to suspend or cancel (the proposed action ) a person’s registration as a registered breeder.\n(sec.43Q-ssec.2) The chief executive must give the person a notice (a show cause notice )— stating the proposed action; and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and if the proposed action is to suspend the registration—stating the period of the proposed suspension; and inviting the person, within a stated period (the show cause period ), to make written representations to the chief executive about why the proposed action should not be taken.\n(sec.43Q-ssec.3) The show cause period must be a period ending at least 21 days after the day the show cause notice is given to the person.\n- (a) stating the proposed action; and\n- (b) stating the grounds for the proposed action; and\n- (c) outlining the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is to suspend the registration—stating the period of the proposed suspension; and\n- (e) inviting the person, within a stated period (the show cause period ), to make written representations to the chief executive about why the proposed action should not be taken.","sortOrder":82},{"sectionNumber":"sec.43R","sectionType":"section","heading":"Representations about show cause notice","content":"### sec.43R Representations about show cause notice\n\nThe person may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\nThe chief executive must consider all representations (the accepted representations ) made under subsection (1) .\ns 43R ins 2016 No. 28 s 11\n(sec.43R-ssec.1) The person may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\n(sec.43R-ssec.2) The chief executive must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":83},{"sectionNumber":"sec.43S","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.43S Ending show cause process without further action\n\nIf, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action, the chief executive—\nmust not take any further action about the show cause notice; and\nmust, as soon as practicable, give the person a notice stating the proposed action will not be taken.\ns 43S ins 2016 No. 28 s 11\n- (a) must not take any further action about the show cause notice; and\n- (b) must, as soon as practicable, give the person a notice stating the proposed action will not be taken.","sortOrder":84},{"sectionNumber":"sec.43T","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.43T Suspension or cancellation\n\nThis section applies if, after considering any accepted representations, the chief executive—\nstill believes a ground exists to take the proposed action; and\nbelieves the proposed action is warranted.\nThis section also applies if there are no accepted representations.\nThe chief executive may decide to—\nif the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period; or\nif the proposed action was to cancel the registration—cancel the registration or suspend it for a stated period.\nThe chief executive must, as soon as practicable after making the decision, give the person an information notice for the decision.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the person;\nthe day stated in the information notice.\ns 43T ins 2016 No. 28 s 11\n(sec.43T-ssec.1) This section applies if, after considering any accepted representations, the chief executive— still believes a ground exists to take the proposed action; and believes the proposed action is warranted.\n(sec.43T-ssec.2) This section also applies if there are no accepted representations.\n(sec.43T-ssec.3) The chief executive may decide to— if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period; or if the proposed action was to cancel the registration—cancel the registration or suspend it for a stated period.\n(sec.43T-ssec.4) The chief executive must, as soon as practicable after making the decision, give the person an information notice for the decision.\n(sec.43T-ssec.5) The decision takes effect on the later of the following days— the day the information notice is given to the person; the day stated in the information notice.\n- (a) still believes a ground exists to take the proposed action; and\n- (b) believes the proposed action is warranted.\n- (a) if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period; or\n- (b) if the proposed action was to cancel the registration—cancel the registration or suspend it for a stated period.\n- (a) the day the information notice is given to the person;\n- (b) the day stated in the information notice.","sortOrder":85},{"sectionNumber":"sec.43U","sectionType":"section","heading":"Immediate suspension","content":"### sec.43U Immediate suspension\n\nThe chief executive may decide to suspend a person’s registration as a registered breeder immediately if the chief executive believes—\na ground exists to take proposed action in relation to the person’s registration; and\nit is necessary to suspend the registration immediately because there is an immediate and serious risk—\nto the welfare of dogs; or\nof harm to the effectiveness of the registration of persons as registered breeders under this Act.\nThe chief executive must, as soon as practicable after making the decision, give the person—\nan information notice for the decision to suspend the registration immediately; and\na show cause notice in relation to the proposed action.\nThe suspension—\ntakes effect when the notices are given to the person; and\ncontinues until the earliest of the following—\nthe chief executive ends the suspension;\nthe show cause notice is finally dealt with;\nthe day that is 28 days after the notices were given to the person.\ns 43U ins 2016 No. 28 s 11\n(sec.43U-ssec.1) The chief executive may decide to suspend a person’s registration as a registered breeder immediately if the chief executive believes— a ground exists to take proposed action in relation to the person’s registration; and it is necessary to suspend the registration immediately because there is an immediate and serious risk— to the welfare of dogs; or of harm to the effectiveness of the registration of persons as registered breeders under this Act.\n(sec.43U-ssec.2) The chief executive must, as soon as practicable after making the decision, give the person— an information notice for the decision to suspend the registration immediately; and a show cause notice in relation to the proposed action.\n(sec.43U-ssec.3) The suspension— takes effect when the notices are given to the person; and continues until the earliest of the following— the chief executive ends the suspension; the show cause notice is finally dealt with; the day that is 28 days after the notices were given to the person.\n- (a) a ground exists to take proposed action in relation to the person’s registration; and\n- (b) it is necessary to suspend the registration immediately because there is an immediate and serious risk— (i) to the welfare of dogs; or (ii) of harm to the effectiveness of the registration of persons as registered breeders under this Act.\n- (i) to the welfare of dogs; or\n- (ii) of harm to the effectiveness of the registration of persons as registered breeders under this Act.\n- (i) to the welfare of dogs; or\n- (ii) of harm to the effectiveness of the registration of persons as registered breeders under this Act.\n- (a) an information notice for the decision to suspend the registration immediately; and\n- (b) a show cause notice in relation to the proposed action.\n- (a) takes effect when the notices are given to the person; and\n- (b) continues until the earliest of the following— (i) the chief executive ends the suspension; (ii) the show cause notice is finally dealt with; (iii) the day that is 28 days after the notices were given to the person.\n- (i) the chief executive ends the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) the day that is 28 days after the notices were given to the person.\n- (i) the chief executive ends the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) the day that is 28 days after the notices were given to the person.","sortOrder":86},{"sectionNumber":"ch.2A-pt.3","sectionType":"part","heading":"Approved entities","content":"# Approved entities","sortOrder":87},{"sectionNumber":"sec.43V","sectionType":"section","heading":"Definition for part","content":"### sec.43V Definition for part\n\nIn this part—\nrelevant information means—\nfor a person who becomes an accredited breeder of an approved entity—\nthe person’s designated details; and\nthe person’s accreditation number; and\nthe date the person becomes an accredited breeder of the approved entity; and\nthe date the person’s accreditation ends; or\nfor a person who ceases to be an accredited breeder of an approved entity—\nthe person’s designated details; and\nthe number that, immediately before the person ceases to be an accredited breeder of the approved entity, is the person’s accreditation number; and\nthe date the person ceases to be an accredited breeder of the approved entity.\ns 43V ins 2016 No. 28 s 11\n- (a) for a person who becomes an accredited breeder of an approved entity— (i) the person’s designated details; and (ii) the person’s accreditation number; and (iii) the date the person becomes an accredited breeder of the approved entity; and (iv) the date the person’s accreditation ends; or\n- (i) the person’s designated details; and\n- (ii) the person’s accreditation number; and\n- (iii) the date the person becomes an accredited breeder of the approved entity; and\n- (iv) the date the person’s accreditation ends; or\n- (b) for a person who ceases to be an accredited breeder of an approved entity— (i) the person’s designated details; and (ii) the number that, immediately before the person ceases to be an accredited breeder of the approved entity, is the person’s accreditation number; and (iii) the date the person ceases to be an accredited breeder of the approved entity.\n- (i) the person’s designated details; and\n- (ii) the number that, immediately before the person ceases to be an accredited breeder of the approved entity, is the person’s accreditation number; and\n- (iii) the date the person ceases to be an accredited breeder of the approved entity.\n- (i) the person’s designated details; and\n- (ii) the person’s accreditation number; and\n- (iii) the date the person becomes an accredited breeder of the approved entity; and\n- (iv) the date the person’s accreditation ends; or\n- (i) the person’s designated details; and\n- (ii) the number that, immediately before the person ceases to be an accredited breeder of the approved entity, is the person’s accreditation number; and\n- (iii) the date the person ceases to be an accredited breeder of the approved entity.","sortOrder":88},{"sectionNumber":"sec.43W","sectionType":"section","heading":"Approved entity may be prescribed","content":"### sec.43W Approved entity may be prescribed\n\nA regulation may prescribe an entity as an approved entity.\nThe Minister may recommend the making of a regulation under subsection (1) only if the Minister is satisfied—\nthe entity conducts an accreditation scheme for persons who breed dogs; and\nthe entity gives a unique identifying number to each person accredited under the accreditation scheme; and\nthe accreditation scheme requires a person accredited under the scheme, within 7 days after the designated details of the person change, to give the entity notice of the change; and\nif the entity is prescribed as an approved entity, the entity would be able and willing to give the chief executive—\nthe relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and\nSee section 43B for when a person becomes an accredited breeder of an approved entity.\nthe relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and\nnotice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and\nany other information about a person mentioned in subparagraph (i) , (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act.\ns 43W ins 2016 No. 28 s 11\n(sec.43W-ssec.1) A regulation may prescribe an entity as an approved entity.\n(sec.43W-ssec.2) The Minister may recommend the making of a regulation under subsection (1) only if the Minister is satisfied— the entity conducts an accreditation scheme for persons who breed dogs; and the entity gives a unique identifying number to each person accredited under the accreditation scheme; and the accreditation scheme requires a person accredited under the scheme, within 7 days after the designated details of the person change, to give the entity notice of the change; and if the entity is prescribed as an approved entity, the entity would be able and willing to give the chief executive— the relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and See section 43B for when a person becomes an accredited breeder of an approved entity. the relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and notice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and any other information about a person mentioned in subparagraph (i) , (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act.\n- (a) the entity conducts an accreditation scheme for persons who breed dogs; and\n- (b) the entity gives a unique identifying number to each person accredited under the accreditation scheme; and\n- (c) the accreditation scheme requires a person accredited under the scheme, within 7 days after the designated details of the person change, to give the entity notice of the change; and\n- (d) if the entity is prescribed as an approved entity, the entity would be able and willing to give the chief executive— (i) the relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and Note— See section 43B for when a person becomes an accredited breeder of an approved entity. (ii) the relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and (iii) notice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and (iv) any other information about a person mentioned in subparagraph (i) , (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act.\n- (i) the relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and Note— See section 43B for when a person becomes an accredited breeder of an approved entity.\n- (ii) the relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and\n- (iii) notice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and\n- (iv) any other information about a person mentioned in subparagraph (i) , (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act.\n- (i) the relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and Note— See section 43B for when a person becomes an accredited breeder of an approved entity.\n- (ii) the relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and\n- (iii) notice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and\n- (iv) any other information about a person mentioned in subparagraph (i) , (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act.","sortOrder":89},{"sectionNumber":"ch.2B-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":90},{"sectionNumber":"sec.43X","sectionType":"section","heading":"What is a dog’s relevant supply number","content":"### sec.43X What is a dog’s relevant supply number\n\nThe relevant supply number is—\nfor a dog bred by a person who is a registered breeder—the person’s breeder ID number; or\nfor a dog bred by a person who applies for registration as a registered breeder within 28 days after the day the dog is born and who is registered as a registered breeder—the person’s breeder ID number.\nHowever, if a dog is bred by a registered breeder while the breeder’s registration is suspended under chapter 2A , part 2 , division 4 , the dog is taken not to have a relevant supply number.\nThe relevant supply number for a dog bred by a person who is an accredited breeder of an approved entity is the person’s accreditation number.\nThe relevant supply number for a dog bred by a person who is a recognised interstate breeder is the unique number that identifies the person as a recognised interstate breeder.\nThe exemption number issued under part 5 for a dog is the relevant supply number for the dog.\nThe breeder ID number of a pound or shelter is the relevant supply number for a dog impounded, or being provided shelter, by the pound or shelter if, when the dog entered the pound or shelter, there was no relevant supply number for the dog.\nIn this section—\nrecognised interstate breeder means a person registered, however described, under a corresponding law to breed dogs.\nshelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.\ns 43X ins 2016 No. 28 s 11\n(sec.43X-ssec.1) The relevant supply number is— for a dog bred by a person who is a registered breeder—the person’s breeder ID number; or for a dog bred by a person who applies for registration as a registered breeder within 28 days after the day the dog is born and who is registered as a registered breeder—the person’s breeder ID number.\n(sec.43X-ssec.2) However, if a dog is bred by a registered breeder while the breeder’s registration is suspended under chapter 2A , part 2 , division 4 , the dog is taken not to have a relevant supply number.\n(sec.43X-ssec.3) The relevant supply number for a dog bred by a person who is an accredited breeder of an approved entity is the person’s accreditation number.\n(sec.43X-ssec.4) The relevant supply number for a dog bred by a person who is a recognised interstate breeder is the unique number that identifies the person as a recognised interstate breeder.\n(sec.43X-ssec.5) The exemption number issued under part 5 for a dog is the relevant supply number for the dog.\n(sec.43X-ssec.6) The breeder ID number of a pound or shelter is the relevant supply number for a dog impounded, or being provided shelter, by the pound or shelter if, when the dog entered the pound or shelter, there was no relevant supply number for the dog.\n(sec.43X-ssec.7) In this section— recognised interstate breeder means a person registered, however described, under a corresponding law to breed dogs. shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.\n- (a) for a dog bred by a person who is a registered breeder—the person’s breeder ID number; or\n- (b) for a dog bred by a person who applies for registration as a registered breeder within 28 days after the day the dog is born and who is registered as a registered breeder—the person’s breeder ID number.","sortOrder":91},{"sectionNumber":"ch.2B-pt.2","sectionType":"part","heading":"Requirement for cat or dog to be implanted","content":"# Requirement for cat or dog to be implanted","sortOrder":92},{"sectionNumber":"sec.43Y","sectionType":"section","heading":"Supplier must ensure cat or dog is implanted","content":"### sec.43Y Supplier must ensure cat or dog is implanted\n\nA person must not, without reasonable excuse, supply a cat or dog to anyone else if it is not implanted with a PPID.\nMaximum penalty—20 penalty units.\nIt is not a reasonable excuse for subsection (1) that the cat or dog is less than 8 weeks old.\nSee section 24 for restrictions on implanting a PPID in a cat or dog that is less than 8 weeks old.\nIn a proceeding for an offence against subsection (1) relating to the supply of a cat, it is a defence for the defendant to prove that, when the cat was supplied—\nthe cat was at least 8 weeks old; and\nthere was a veterinary surgeon’s certificate for the cat.\nIn a proceeding for an offence against subsection (1) relating to the supply of a dog, it is a defence for the defendant to prove—\nwhen the dog was supplied—\nthe dog was at least 8 weeks old; and\nthere was a veterinary surgeon’s certificate for the dog; and\nthe defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon’s certificate for the dog; or\nthe supply of the dog was to use it—\nas a government entity dog; or\nas a working dog; or\nfor another purpose prescribed by regulation.\nIn this section—\nveterinary surgeon’s certificate , for a cat or dog, means a certificate signed by a veterinary surgeon stating that implanting the cat or dog with a PPID is likely to be a serious risk to the health of the cat or dog.\ns 43Y ins 2016 No. 28 s 11\n(sec.43Y-ssec.1) A person must not, without reasonable excuse, supply a cat or dog to anyone else if it is not implanted with a PPID. Maximum penalty—20 penalty units.\n(sec.43Y-ssec.2) It is not a reasonable excuse for subsection (1) that the cat or dog is less than 8 weeks old. See section 24 for restrictions on implanting a PPID in a cat or dog that is less than 8 weeks old.\n(sec.43Y-ssec.3) In a proceeding for an offence against subsection (1) relating to the supply of a cat, it is a defence for the defendant to prove that, when the cat was supplied— the cat was at least 8 weeks old; and there was a veterinary surgeon’s certificate for the cat.\n(sec.43Y-ssec.4) In a proceeding for an offence against subsection (1) relating to the supply of a dog, it is a defence for the defendant to prove— when the dog was supplied— the dog was at least 8 weeks old; and there was a veterinary surgeon’s certificate for the dog; and the defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon’s certificate for the dog; or the supply of the dog was to use it— as a government entity dog; or as a working dog; or for another purpose prescribed by regulation.\n(sec.43Y-ssec.5) In this section— veterinary surgeon’s certificate , for a cat or dog, means a certificate signed by a veterinary surgeon stating that implanting the cat or dog with a PPID is likely to be a serious risk to the health of the cat or dog.\n- (a) the cat was at least 8 weeks old; and\n- (b) there was a veterinary surgeon’s certificate for the cat.\n- (a) when the dog was supplied— (i) the dog was at least 8 weeks old; and (ii) there was a veterinary surgeon’s certificate for the dog; and (iii) the defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon’s certificate for the dog; or\n- (i) the dog was at least 8 weeks old; and\n- (ii) there was a veterinary surgeon’s certificate for the dog; and\n- (iii) the defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon’s certificate for the dog; or\n- (b) the supply of the dog was to use it— (i) as a government entity dog; or (ii) as a working dog; or (iii) for another purpose prescribed by regulation.\n- (i) as a government entity dog; or\n- (ii) as a working dog; or\n- (iii) for another purpose prescribed by regulation.\n- (i) the dog was at least 8 weeks old; and\n- (ii) there was a veterinary surgeon’s certificate for the dog; and\n- (iii) the defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon’s certificate for the dog; or\n- (i) as a government entity dog; or\n- (ii) as a working dog; or\n- (iii) for another purpose prescribed by regulation.","sortOrder":93},{"sectionNumber":"ch.2B-pt.3","sectionType":"part","heading":"Requirement for relevant supply number for dog","content":"# Requirement for relevant supply number for dog","sortOrder":94},{"sectionNumber":"sec.43Z","sectionType":"section","heading":"Supplier must know dog has relevant supply number","content":"### sec.43Z Supplier must know dog has relevant supply number\n\nA person must not, without reasonable excuse, supply a dog to another person unless the person knows—\nthere is a relevant supply number for the dog; and\nthe PPID information kept for the dog under section 36 includes the relevant supply number.\nUnder section 38 , the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.\nMaximum penalty—50 penalty units.\ns 43Z ins 2016 No. 28 s 11\n- (a) there is a relevant supply number for the dog; and\n- (b) the PPID information kept for the dog under section 36 includes the relevant supply number. Note— Under section 38 , the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.","sortOrder":95},{"sectionNumber":"sec.43ZA","sectionType":"section","heading":"Exceptions for supply of dog","content":"### sec.43ZA Exceptions for supply of dog\n\nA person does not commit an offence against section 43Z if the dog is supplied in any of the following circumstances—\nthe dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;\nthe dog is supplied by a member of a class of persons prescribed under section 43E (3) (c) ;\nthe dog is supplied to a pound or shelter.\nAlso, if the dog is not required under section 43Y (1) to be implanted with a PPID for the supply, a person does not commit an offence against section 43Z only because the person does not know the matter mentioned in section 43Z (b) .\nIn this section—\nshelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.\ns 43ZA ins 2016 No. 28 s 11\n(sec.43ZA-ssec.1) A person does not commit an offence against section 43Z if the dog is supplied in any of the following circumstances— the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog; the dog is supplied by a member of a class of persons prescribed under section 43E (3) (c) ; the dog is supplied to a pound or shelter.\n(sec.43ZA-ssec.2) Also, if the dog is not required under section 43Y (1) to be implanted with a PPID for the supply, a person does not commit an offence against section 43Z only because the person does not know the matter mentioned in section 43Z (b) .\n(sec.43ZA-ssec.3) In this section— shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray.\n- (a) the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;\n- (b) the dog is supplied by a member of a class of persons prescribed under section 43E (3) (c) ;\n- (c) the dog is supplied to a pound or shelter.","sortOrder":96},{"sectionNumber":"sec.43ZB","sectionType":"section","heading":"Advertiser must know dog has relevant supply number","content":"### sec.43ZB Advertiser must know dog has relevant supply number\n\nA person must not, without reasonable excuse, advertise a dog for supply unless the person knows—\nthere is a relevant supply number for the dog; and\nthe PPID information kept for the dog under section 36 includes the relevant supply number.\nUnder section 38 , the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.\nMaximum penalty—50 penalty units.\ns 43ZB ins 2016 No. 28 s 11\n- (a) there is a relevant supply number for the dog; and\n- (b) the PPID information kept for the dog under section 36 includes the relevant supply number. Note— Under section 38 , the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog.","sortOrder":97},{"sectionNumber":"sec.43ZC","sectionType":"section","heading":"Advertisement must include relevant supply number","content":"### sec.43ZC Advertisement must include relevant supply number\n\nA person who advertises a dog for supply must include the relevant supply number for the dog in the advertisement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 43ZC ins 2016 No. 28 s 11","sortOrder":98},{"sectionNumber":"sec.43ZD","sectionType":"section","heading":"Exceptions for advertising supply of dog","content":"### sec.43ZD Exceptions for advertising supply of dog\n\nA person does not commit an offence against section 43ZB or 43ZC if the dog is advertised for supply in either of the following circumstances—\nthe dog is bred, by a primary producer, from a working dog and is advertised for supply only to another primary producer to use as a working dog;\nthe dog is advertised for supply by a member of a class of persons prescribed under section 43E (3) (c) .\nAlso, a person does not commit an offence against section 43ZB only because the person does not know the matter mentioned in section 43ZB (b) if—\nthe dog is at least 8 weeks old and there is a veterinary surgeon’s certificate for the dog; or\nthe dog is advertised for supply only—\nas a government entity dog; or\nas a working dog; or\nfor another purpose prescribed by regulation.\ns 43ZD ins 2016 No. 28 s 11\n(sec.43ZD-ssec.1) A person does not commit an offence against section 43ZB or 43ZC if the dog is advertised for supply in either of the following circumstances— the dog is bred, by a primary producer, from a working dog and is advertised for supply only to another primary producer to use as a working dog; the dog is advertised for supply by a member of a class of persons prescribed under section 43E (3) (c) .\n(sec.43ZD-ssec.2) Also, a person does not commit an offence against section 43ZB only because the person does not know the matter mentioned in section 43ZB (b) if— the dog is at least 8 weeks old and there is a veterinary surgeon’s certificate for the dog; or the dog is advertised for supply only— as a government entity dog; or as a working dog; or for another purpose prescribed by regulation.\n- (a) the dog is bred, by a primary producer, from a working dog and is advertised for supply only to another primary producer to use as a working dog;\n- (b) the dog is advertised for supply by a member of a class of persons prescribed under section 43E (3) (c) .\n- (a) the dog is at least 8 weeks old and there is a veterinary surgeon’s certificate for the dog; or\n- (b) the dog is advertised for supply only— (i) as a government entity dog; or (ii) as a working dog; or (iii) for another purpose prescribed by regulation.\n- (i) as a government entity dog; or\n- (ii) as a working dog; or\n- (iii) for another purpose prescribed by regulation.\n- (i) as a government entity dog; or\n- (ii) as a working dog; or\n- (iii) for another purpose prescribed by regulation.","sortOrder":99},{"sectionNumber":"sec.43ZE","sectionType":"section","heading":"Printer or publisher not liable in particular circumstances","content":"### sec.43ZE Printer or publisher not liable in particular circumstances\n\nA person does not commit an offence against section 43ZB or 43ZC merely because the person, as part of the person’s printing or publishing business, prints or publishes an advertisement for another person.\ns 43ZE ins 2016 No. 28 s 11","sortOrder":100},{"sectionNumber":"ch.2B-pt.4","sectionType":"part","heading":"Requirement to give particular details and form","content":"# Requirement to give particular details and form","sortOrder":101},{"sectionNumber":"sec.43ZF","sectionType":"section","heading":"Supplier of dog must give particular details and form","content":"### sec.43ZF Supplier of dog must give particular details and form\n\nA person who supplies a dog to another person must, unless the person has a reasonable excuse, give the other person—\na notice stating—\nthe name of the supplier of the dog; and\nthe relevant supply number for the dog; and\na change of ownership form that is completed and signed by the supplier of the dog.\nMaximum penalty—50 penalty units.\nHowever, a person does not commit an offence against subsection (1) only because the person fails to comply with subsection (1) (a) (ii) if the dog is supplied in any of the following circumstances—\nthe dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;\nthe dog is supplied by a member of a class of persons prescribed under section 43E (3) (c) ;\nthe dog is supplied to a pound or shelter.\nIn this section—\nchange of ownership form , for a dog, means a form (however called), prepared by the relevant PPID registry service for the dog, that records details about the supply of the dog from one person to another person including, for example, the PPID number for the dog.\nsupplier , of a dog, means—\nif the dog is supplied as part of a business activity that includes the supply of dogs—the person who conducts the business activity; or\notherwise—the person who supplies the dog.\ns 43ZF ins 2016 No. 28 s 11\namd 2020 No. 3 s 21\n(sec.43ZF-ssec.1) A person who supplies a dog to another person must, unless the person has a reasonable excuse, give the other person— a notice stating— the name of the supplier of the dog; and the relevant supply number for the dog; and a change of ownership form that is completed and signed by the supplier of the dog. Maximum penalty—50 penalty units.\n(sec.43ZF-ssec.2) However, a person does not commit an offence against subsection (1) only because the person fails to comply with subsection (1) (a) (ii) if the dog is supplied in any of the following circumstances— the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog; the dog is supplied by a member of a class of persons prescribed under section 43E (3) (c) ; the dog is supplied to a pound or shelter.\n(sec.43ZF-ssec.3) In this section— change of ownership form , for a dog, means a form (however called), prepared by the relevant PPID registry service for the dog, that records details about the supply of the dog from one person to another person including, for example, the PPID number for the dog. supplier , of a dog, means— if the dog is supplied as part of a business activity that includes the supply of dogs—the person who conducts the business activity; or otherwise—the person who supplies the dog.\n- (a) a notice stating— (i) the name of the supplier of the dog; and (ii) the relevant supply number for the dog; and\n- (i) the name of the supplier of the dog; and\n- (ii) the relevant supply number for the dog; and\n- (b) a change of ownership form that is completed and signed by the supplier of the dog.\n- (i) the name of the supplier of the dog; and\n- (ii) the relevant supply number for the dog; and\n- (a) the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog;\n- (b) the dog is supplied by a member of a class of persons prescribed under section 43E (3) (c) ;\n- (c) the dog is supplied to a pound or shelter.\n- (a) if the dog is supplied as part of a business activity that includes the supply of dogs—the person who conducts the business activity; or\n- (b) otherwise—the person who supplies the dog.","sortOrder":102},{"sectionNumber":"ch.2B-pt.5","sectionType":"part","heading":"Exemption numbers for supply of dogs","content":"# Exemption numbers for supply of dogs","sortOrder":103},{"sectionNumber":"ch.2B-pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":104},{"sectionNumber":"sec.43ZG","sectionType":"section","heading":"Eligible person—primary producer","content":"### sec.43ZG Eligible person—primary producer\n\nA person is an eligible person in relation to a dog if—\nthe dog—\nwas bred, by a primary producer, from a working dog; and\nwas supplied to the person, when the person was a primary producer, to use as a working dog; and\nthe person proposes to supply the dog to another person—\nwho is not a primary producer; or\nother than to use as a working dog.\nFor subsection (1) , it is irrelevant whether—\nthe dog was supplied to the person by the primary producer who bred the dog or another person; or\nthe person proposing to supply the dog is still a primary producer.\ns 43ZG ins 2016 No. 28 s 11\n(sec.43ZG-ssec.1) A person is an eligible person in relation to a dog if— the dog— was bred, by a primary producer, from a working dog; and was supplied to the person, when the person was a primary producer, to use as a working dog; and the person proposes to supply the dog to another person— who is not a primary producer; or other than to use as a working dog.\n(sec.43ZG-ssec.2) For subsection (1) , it is irrelevant whether— the dog was supplied to the person by the primary producer who bred the dog or another person; or the person proposing to supply the dog is still a primary producer.\n- (a) the dog— (i) was bred, by a primary producer, from a working dog; and (ii) was supplied to the person, when the person was a primary producer, to use as a working dog; and\n- (i) was bred, by a primary producer, from a working dog; and\n- (ii) was supplied to the person, when the person was a primary producer, to use as a working dog; and\n- (b) the person proposes to supply the dog to another person— (i) who is not a primary producer; or (ii) other than to use as a working dog.\n- (i) who is not a primary producer; or\n- (ii) other than to use as a working dog.\n- (i) was bred, by a primary producer, from a working dog; and\n- (ii) was supplied to the person, when the person was a primary producer, to use as a working dog; and\n- (i) who is not a primary producer; or\n- (ii) other than to use as a working dog.\n- (a) the dog was supplied to the person by the primary producer who bred the dog or another person; or\n- (b) the person proposing to supply the dog is still a primary producer.","sortOrder":105},{"sectionNumber":"sec.43ZH","sectionType":"section","heading":"Eligible person—prescribed person","content":"### sec.43ZH Eligible person—prescribed person\n\nA person is also an eligible person in relation to a dog if—\nthe dog was bred and supplied to the person by a member of a class of persons prescribed under section 43E (3) (c) ; and\nthe person proposes to supply the dog to another person.\ns 43ZH ins 2016 No. 28 s 11\n- (a) the dog was bred and supplied to the person by a member of a class of persons prescribed under section 43E (3) (c) ; and\n- (b) the person proposes to supply the dog to another person.","sortOrder":106},{"sectionNumber":"sec.43ZI","sectionType":"section","heading":"Eligible person—owner or responsible person","content":"### sec.43ZI Eligible person—owner or responsible person\n\nA person is also an eligible person in relation to a dog if the person—\nis the owner of, or responsible person for, the dog; and\ndid not breed the dog; and\ndoes not conduct a business activity that includes the supply of dogs.\ns 43ZI ins 2016 No. 28 s 11\n- (a) is the owner of, or responsible person for, the dog; and\n- (b) did not breed the dog; and\n- (c) does not conduct a business activity that includes the supply of dogs.","sortOrder":107},{"sectionNumber":"ch.2B-pt.5-div.2","sectionType":"division","heading":"Applications for exemption numbers","content":"## Applications for exemption numbers","sortOrder":108},{"sectionNumber":"sec.43ZJ","sectionType":"section","heading":"Applying for exemption number","content":"### sec.43ZJ Applying for exemption number\n\nA person who is an eligible person in relation to a dog may apply to the chief executive for an exemption number for the dog.\nThe application must be made—\nelectronically using the online breeder registration system; or\nin the approved form.\nThe application must—\ninclude enough information to enable the chief executive to decide the application; and\nbe accompanied by the fee prescribed by regulation.\ns 43ZJ ins 2016 No. 28 s 11\n(sec.43ZJ-ssec.1) A person who is an eligible person in relation to a dog may apply to the chief executive for an exemption number for the dog.\n(sec.43ZJ-ssec.2) The application must be made— electronically using the online breeder registration system; or in the approved form.\n(sec.43ZJ-ssec.3) The application must— include enough information to enable the chief executive to decide the application; and be accompanied by the fee prescribed by regulation.\n- (a) electronically using the online breeder registration system; or\n- (b) in the approved form.\n- (a) include enough information to enable the chief executive to decide the application; and\n- (b) be accompanied by the fee prescribed by regulation.","sortOrder":109},{"sectionNumber":"sec.43ZK","sectionType":"section","heading":"Deciding application","content":"### sec.43ZK Deciding application\n\nThe chief executive must decide to approve, or refuse to approve, the application.\nThe chief executive must decide to refuse to approve the application if satisfied the applicant is not an eligible person in relation to the dog.\nIf the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.\ns 43ZK ins 2016 No. 28 s 11\n(sec.43ZK-ssec.1) The chief executive must decide to approve, or refuse to approve, the application.\n(sec.43ZK-ssec.2) The chief executive must decide to refuse to approve the application if satisfied the applicant is not an eligible person in relation to the dog.\n(sec.43ZK-ssec.3) If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision.","sortOrder":110},{"sectionNumber":"sec.43ZL","sectionType":"section","heading":"Failure to decide application","content":"### sec.43ZL Failure to decide application\n\nIf the chief executive fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to approve the application.\nIf the chief executive is taken to have decided to refuse to approve the application, the applicant is entitled to be given an information notice for the decision by the chief executive.\ns 43ZL ins 2016 No. 28 s 11\n(sec.43ZL-ssec.1) If the chief executive fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to approve the application.\n(sec.43ZL-ssec.2) If the chief executive is taken to have decided to refuse to approve the application, the applicant is entitled to be given an information notice for the decision by the chief executive.","sortOrder":111},{"sectionNumber":"sec.43ZM","sectionType":"section","heading":"Chief executive must issue exemption number","content":"### sec.43ZM Chief executive must issue exemption number\n\nIf the chief executive decides to approve the application, the chief executive must, as soon as practicable after making the decision—\nissue a unique identifying number (an exemption number ) for the dog; and\ngive the applicant a notice stating the exemption number.\ns 43ZM ins 2016 No. 28 s 11\n- (a) issue a unique identifying number (an exemption number ) for the dog; and\n- (b) give the applicant a notice stating the exemption number.","sortOrder":112},{"sectionNumber":"ch.3-pt.1","sectionType":"part","heading":"Particular person’s obligations","content":"# Particular person’s obligations","sortOrder":113},{"sectionNumber":"sec.44","sectionType":"section","heading":"Registration obligation","content":"### sec.44 Registration obligation\n\nThis section does not apply to—\nthe operator of a pound or shelter; or\nHowever, the operator of a pound or shelter may be required under section 43E to apply to be registered as a registered breeder.\nthe owner of a dog less than 12 weeks old.\nAn owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days after starting to keep the dog in the area unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person who becomes an owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (2) or (3) for the defendant to prove the dog is—\na government entity dog; or\na working dog; or\nanother class of dog prescribed under a regulation.\ns 44 amd 2009 No. 17 s 293 ; 2013 No. 41 s 38 ; 2016 No. 28 s 12\n(sec.44-ssec.1) This section does not apply to— the operator of a pound or shelter; or However, the operator of a pound or shelter may be required under section 43E to apply to be registered as a registered breeder. the owner of a dog less than 12 weeks old.\n(sec.44-ssec.2) An owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days after starting to keep the dog in the area unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.44-ssec.3) A person who becomes an owner of a dog must comply with section 46 to register the dog in the relevant local government’s area within 14 days unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.44-ssec.4) It is a defence to a prosecution for an offence against subsection (2) or (3) for the defendant to prove the dog is— a government entity dog; or a working dog; or another class of dog prescribed under a regulation.\n- (a) the operator of a pound or shelter; or Note— However, the operator of a pound or shelter may be required under section 43E to apply to be registered as a registered breeder.\n- (b) the owner of a dog less than 12 weeks old.\n- (a) a government entity dog; or\n- (b) a working dog; or\n- (c) another class of dog prescribed under a regulation.","sortOrder":114},{"sectionNumber":"sec.45","sectionType":"section","heading":"Dog must bear identification in particular circumstances","content":"### sec.45 Dog must bear identification in particular circumstances\n\nThis section applies if a dog, other than a regulated dog, is at a place other than the address stated in the registration notice for the dog.\nThe person who keeps the dog must ensure it bears the identification prescribed under a local law unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nSee chapter 4 , part 5 for conditions applying in relation to regulated dogs.\ns 45 amd 2009 No. 17 s 294 ; 2013 No. 41 s 39 ; 2024 No. 17 s 34\n(sec.45-ssec.1) This section applies if a dog, other than a regulated dog, is at a place other than the address stated in the registration notice for the dog.\n(sec.45-ssec.2) The person who keeps the dog must ensure it bears the identification prescribed under a local law unless the person has a reasonable excuse. Maximum penalty—20 penalty units. See chapter 4 , part 5 for conditions applying in relation to regulated dogs.","sortOrder":115},{"sectionNumber":"ch.3-pt.2","sectionType":"part","heading":"How dog is registered","content":"# How dog is registered","sortOrder":116},{"sectionNumber":"sec.46","sectionType":"section","heading":"What owner must do","content":"### sec.46 What owner must do\n\nTo register a dog with the relevant local government for the dog, the owner of the dog must—\ngive the local government a registration form for it that complies with section 47 ; and\nensure the registration form is accompanied by—\nthe registration fee for the dog; and\nif it is desexed—a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed; and\nif a notice is given to the owner under section 48 (2) —give the chief executive officer of the local government any other information or documents required to be given in the notice.\ns 46 amd 2013 No. 41 s 41\n- (a) give the local government a registration form for it that complies with section 47 ; and\n- (b) ensure the registration form is accompanied by— (i) the registration fee for the dog; and (ii) if it is desexed—a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed; and\n- (i) the registration fee for the dog; and\n- (ii) if it is desexed—a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed; and\n- (c) if a notice is given to the owner under section 48 (2) —give the chief executive officer of the local government any other information or documents required to be given in the notice.\n- (i) the registration fee for the dog; and\n- (ii) if it is desexed—a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed; and","sortOrder":117},{"sectionNumber":"sec.47","sectionType":"section","heading":"What registration form must state","content":"### sec.47 What registration form must state\n\nA registration form for the registration of a dog in the relevant local government’s area, must—\nbe in the approved form; and\nstate all of the following information about its owner—\nname;\nresidential address;\ncontact telephone number;\nemail address, if any; and\nstate all of the following information about the dog—\nage;\nbreed;\ncolour;\nsex;\nany other noticeable distinguishing features or marks;\naddress;\nif it is implanted with a PPID, the unique identification number stored on the PPID;\nif it is desexed—that it has been desexed;\nif the dog is a regulated dog—whether the dog is a declared dangerous dog or a declared menacing dog.\nIn this section—\naddress , for a dog, means the address of the place where the dog is usually kept or is proposed to be kept.\ns 47 amd 2009 No. 17 s 295 ; 2013 No. 41 s 48 (1) sch 1 pt 1 ; 2015 No. 15 s 34 ; 2024 No. 17 s 35\n(sec.47-ssec.1) A registration form for the registration of a dog in the relevant local government’s area, must— be in the approved form; and state all of the following information about its owner— name; residential address; contact telephone number; email address, if any; and state all of the following information about the dog— age; breed; colour; sex; any other noticeable distinguishing features or marks; address; if it is implanted with a PPID, the unique identification number stored on the PPID; if it is desexed—that it has been desexed; if the dog is a regulated dog—whether the dog is a declared dangerous dog or a declared menacing dog.\n(sec.47-ssec.2) In this section— address , for a dog, means the address of the place where the dog is usually kept or is proposed to be kept.\n- (a) be in the approved form; and\n- (b) state all of the following information about its owner— (i) name; (ii) residential address; (iii) contact telephone number; (iv) email address, if any; and\n- (i) name;\n- (ii) residential address;\n- (iii) contact telephone number;\n- (iv) email address, if any; and\n- (c) state all of the following information about the dog— (i) age; (ii) breed; (iii) colour; (iv) sex; (v) any other noticeable distinguishing features or marks; (vi) address; (vii) if it is implanted with a PPID, the unique identification number stored on the PPID; (viii) if it is desexed—that it has been desexed; (ix) if the dog is a regulated dog—whether the dog is a declared dangerous dog or a declared menacing dog.\n- (i) age;\n- (ii) breed;\n- (iii) colour;\n- (iv) sex;\n- (v) any other noticeable distinguishing features or marks;\n- (vi) address;\n- (vii) if it is implanted with a PPID, the unique identification number stored on the PPID;\n- (viii) if it is desexed—that it has been desexed;\n- (ix) if the dog is a regulated dog—whether the dog is a declared dangerous dog or a declared menacing dog.\n- (i) name;\n- (ii) residential address;\n- (iii) contact telephone number;\n- (iv) email address, if any; and\n- (i) age;\n- (ii) breed;\n- (iii) colour;\n- (iv) sex;\n- (v) any other noticeable distinguishing features or marks;\n- (vi) address;\n- (vii) if it is implanted with a PPID, the unique identification number stored on the PPID;\n- (viii) if it is desexed—that it has been desexed;\n- (ix) if the dog is a regulated dog—whether the dog is a declared dangerous dog or a declared menacing dog.","sortOrder":118},{"sectionNumber":"sec.48","sectionType":"section","heading":"Chief executive officer may ask for further information","content":"### sec.48 Chief executive officer may ask for further information\n\nThis section applies if the owner of a dog gives the relevant local government for the dog—\na registration form under section 46 ; or\na notice mentioned in section 54 (3) or 57 (2) .\nThe chief executive officer of the local government may, by notice, require the owner to give other information or documents reasonably required to register the dog.\nThe notice must state a reasonable period of at least 14 days to comply with the notice.\ns 48 amd 2013 No. 41 s 48 (1) sch 1 pt 1\n(sec.48-ssec.1) This section applies if the owner of a dog gives the relevant local government for the dog— a registration form under section 46 ; or a notice mentioned in section 54 (3) or 57 (2) .\n(sec.48-ssec.2) The chief executive officer of the local government may, by notice, require the owner to give other information or documents reasonably required to register the dog.\n(sec.48-ssec.3) The notice must state a reasonable period of at least 14 days to comply with the notice.\n- (a) a registration form under section 46 ; or\n- (b) a notice mentioned in section 54 (3) or 57 (2) .","sortOrder":119},{"sectionNumber":"sec.49","sectionType":"section","heading":"Relevant local government must give registration notice","content":"### sec.49 Relevant local government must give registration notice\n\nThis section applies if an owner of a dog complies with section 46 for the dog.\nThe relevant local government for the dog must give its owner notice (the registration notice ) that the dog has been registered by the local government.\nThe registration notice must—\nbe given to the owner within 14 days after the dog is registered in the local government’s area; and\nstate—\nthe information, for the owner and the dog, required to be given under sections 47 and 48 (2) ; and\nthe period of the registration; and\nbe accompanied by any registration device for the dog; and\ninclude any other information prescribed under a regulation.\ns 49 amd 2009 No. 17 s 296 ; 2013 No. 41 s 42\n(sec.49-ssec.1) This section applies if an owner of a dog complies with section 46 for the dog.\n(sec.49-ssec.2) The relevant local government for the dog must give its owner notice (the registration notice ) that the dog has been registered by the local government.\n(sec.49-ssec.3) The registration notice must— be given to the owner within 14 days after the dog is registered in the local government’s area; and state— the information, for the owner and the dog, required to be given under sections 47 and 48 (2) ; and the period of the registration; and be accompanied by any registration device for the dog; and include any other information prescribed under a regulation.\n- (a) be given to the owner within 14 days after the dog is registered in the local government’s area; and\n- (b) state— (i) the information, for the owner and the dog, required to be given under sections 47 and 48 (2) ; and (ii) the period of the registration; and\n- (i) the information, for the owner and the dog, required to be given under sections 47 and 48 (2) ; and\n- (ii) the period of the registration; and\n- (c) be accompanied by any registration device for the dog; and\n- (d) include any other information prescribed under a regulation.\n- (i) the information, for the owner and the dog, required to be given under sections 47 and 48 (2) ; and\n- (ii) the period of the registration; and","sortOrder":120},{"sectionNumber":"sec.50","sectionType":"section","heading":"Duration of registration","content":"### sec.50 Duration of registration\n\nRegistration of a dog is for the period of years fixed by resolution of the relevant local government for the dog.\nHowever, the period must not be more than 3 years.\ns 50 amd 2013 No. 41 s 48 (1) sch 1 pt 1\n(sec.50-ssec.1) Registration of a dog is for the period of years fixed by resolution of the relevant local government for the dog.\n(sec.50-ssec.2) However, the period must not be more than 3 years.","sortOrder":121},{"sectionNumber":"sec.51","sectionType":"section","heading":"Local government must keep registration form and information","content":"### sec.51 Local government must keep registration form and information\n\nA local government giving a registration notice to the owner of a dog must—\nkeep the registration form and other information about the dog given to it by the owner; and\nif the information must be recorded in a register kept by the chief executive officer of the local government— within 7 days, record the information in the appropriate register.\ns 51 amd 2013 No. 41 s 48 (1) sch 1 pt 1\n- (a) keep the registration form and other information about the dog given to it by the owner; and\n- (b) if the information must be recorded in a register kept by the chief executive officer of the local government— within 7 days, record the information in the appropriate register.","sortOrder":122},{"sectionNumber":"sec.52","sectionType":"section","heading":"Registration fee must be fixed to give desexing incentive","content":"### sec.52 Registration fee must be fixed to give desexing incentive\n\nThis section applies to a relevant local government in fixing the registration fee for a dog usually kept or proposed to be kept in the local government’s area.\nThe local government must fix the fee to give the owner of the dog an incentive to desex it.\nfixing a lower registration fee for a dog that is desexed\nIn this section—\ndog means a dog other than a declared dangerous dog.\nSee section 70 in relation to the compulsory desexing of declared dangerous dogs.\ns 52 amd 2013 No. 41 s 48 (1) sch 1 pt 1 ; 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 36\n(sec.52-ssec.1) This section applies to a relevant local government in fixing the registration fee for a dog usually kept or proposed to be kept in the local government’s area.\n(sec.52-ssec.2) The local government must fix the fee to give the owner of the dog an incentive to desex it. fixing a lower registration fee for a dog that is desexed\n(sec.52-ssec.3) In this section— dog means a dog other than a declared dangerous dog.","sortOrder":123},{"sectionNumber":"sec.53","sectionType":"section","heading":"Registration fee to be used for achievement of Act’s purposes","content":"### sec.53 Registration fee to be used for achievement of Act’s purposes\n\nA registration fee paid to a local government must be used—\nfor the purposes of this Act; and\nto administer local laws relating to the management of dogs.\ns 53 amd 2013 No. 41 s 48 (2) sch 1 pt 2\n- (a) for the purposes of this Act; and\n- (b) to administer local laws relating to the management of dogs.","sortOrder":124},{"sectionNumber":"ch.3-pt.3","sectionType":"part","heading":"Amendment of registration","content":"# Amendment of registration","sortOrder":125},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amendment of registration","content":"### sec.54 Amendment of registration\n\nThis section applies if any information stated on the registration notice for a dog changes (the changed information ).\nHowever, this section does not apply if the changed information is a change of residential address for an owner of a regulated dog mentioned in schedule 1 , section 8 .\nThe owner of the dog must, within 7 days, give the relevant local government notice of the changed information.\nMaximum penalty—5 penalty units.\nThe notice must be—\nin the approved form; and\naccompanied by other information or documents to enable the relevant local government to record the changed information in the appropriate register.\ns 54 amd 2009 No. 17 s 297 ; 2013 No. 41 s 48 (1) sch 1 pt 1 ; 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 37\n(sec.54-ssec.1) This section applies if any information stated on the registration notice for a dog changes (the changed information ).\n(sec.54-ssec.2) However, this section does not apply if the changed information is a change of residential address for an owner of a regulated dog mentioned in schedule 1 , section 8 .\n(sec.54-ssec.3) The owner of the dog must, within 7 days, give the relevant local government notice of the changed information. Maximum penalty—5 penalty units.\n(sec.54-ssec.4) The notice must be— in the approved form; and accompanied by other information or documents to enable the relevant local government to record the changed information in the appropriate register.\n- (a) in the approved form; and\n- (b) accompanied by other information or documents to enable the relevant local government to record the changed information in the appropriate register.","sortOrder":126},{"sectionNumber":"sec.55","sectionType":"section","heading":"Relevant local government must give notice of change","content":"### sec.55 Relevant local government must give notice of change\n\nThis section applies if the chief executive officer of the relevant local government for a dog is given a notice under section 54 (3) .\nThe chief executive officer may ask the owner of the dog for other information or documents in the way mentioned in section 48 .\nThe owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48 (2) .\nMaximum penalty—5 penalty units.\nIf the owner complies with subsection (3) , the chief executive officer must—\nwithin 7 days after receiving a notice mentioned in section 54 (3) or other information or document given under section 48 , ensure the information is updated in the appropriate register in a way that reflects the change; and\nwithin 14 days after receiving the notice, ensure the owner is given a notice for the dog that includes the changed information mentioned in section 54 .\ns 55 amd 2009 No. 17 s 298 ; 2013 No. 41 s 48 (1) sch 1 pt 1\n(sec.55-ssec.1) This section applies if the chief executive officer of the relevant local government for a dog is given a notice under section 54 (3) .\n(sec.55-ssec.2) The chief executive officer may ask the owner of the dog for other information or documents in the way mentioned in section 48 .\n(sec.55-ssec.3) The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48 (2) . Maximum penalty—5 penalty units.\n(sec.55-ssec.4) If the owner complies with subsection (3) , the chief executive officer must— within 7 days after receiving a notice mentioned in section 54 (3) or other information or document given under section 48 , ensure the information is updated in the appropriate register in a way that reflects the change; and within 14 days after receiving the notice, ensure the owner is given a notice for the dog that includes the changed information mentioned in section 54 .\n- (a) within 7 days after receiving a notice mentioned in section 54 (3) or other information or document given under section 48 , ensure the information is updated in the appropriate register in a way that reflects the change; and\n- (b) within 14 days after receiving the notice, ensure the owner is given a notice for the dog that includes the changed information mentioned in section 54 .","sortOrder":127},{"sectionNumber":"ch.3-pt.4","sectionType":"part","heading":"Renewal of registration","content":"# Renewal of registration","sortOrder":128},{"sectionNumber":"sec.56","sectionType":"section","heading":"Relevant local government must give renewal notice","content":"### sec.56 Relevant local government must give renewal notice\n\nThe chief executive officer of the relevant local government for a dog must give its owner notice (the renewal notice ) to renew the registration for the dog.\nThe renewal notice must—\nbe given at least 14 days before the period of registration in the local government’s area for the dog expires; and\nstate—\nthe information, for the owner and the dog, stated in the general register for the dog; and\nthe period of renewal of registration; and\nthat the owner must, within 7 days, give the chief executive officer notice of any change to the information; and\ninclude any other information prescribed under a regulation.\ns 56 amd 2009 No. 17 s 299 ; 2013 No. 41 s 48 (1) sch 1 pt 1\n(sec.56-ssec.1) The chief executive officer of the relevant local government for a dog must give its owner notice (the renewal notice ) to renew the registration for the dog.\n(sec.56-ssec.2) The renewal notice must— be given at least 14 days before the period of registration in the local government’s area for the dog expires; and state— the information, for the owner and the dog, stated in the general register for the dog; and the period of renewal of registration; and that the owner must, within 7 days, give the chief executive officer notice of any change to the information; and include any other information prescribed under a regulation.\n- (a) be given at least 14 days before the period of registration in the local government’s area for the dog expires; and\n- (b) state— (i) the information, for the owner and the dog, stated in the general register for the dog; and (ii) the period of renewal of registration; and (iii) that the owner must, within 7 days, give the chief executive officer notice of any change to the information; and\n- (i) the information, for the owner and the dog, stated in the general register for the dog; and\n- (ii) the period of renewal of registration; and\n- (iii) that the owner must, within 7 days, give the chief executive officer notice of any change to the information; and\n- (c) include any other information prescribed under a regulation.\n- (i) the information, for the owner and the dog, stated in the general register for the dog; and\n- (ii) the period of renewal of registration; and\n- (iii) that the owner must, within 7 days, give the chief executive officer notice of any change to the information; and","sortOrder":129},{"sectionNumber":"sec.57","sectionType":"section","heading":"What owner must do","content":"### sec.57 What owner must do\n\nThis section applies to the owner of a dog whether or not the owner has been given a renewal notice.\nThe owner of the dog must, before the period of registration for the dog expires—\nif any information on the renewal notice has changed—give the local government notice of the change (the changed information ); and\npay the registration fee for the dog; and\nif it is desexed—ensure the fee is accompanied by a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed.\nMaximum penalty—20 penalty units.\nHowever, if a registration form for a dog in the relevant local government’s area has already been accompanied by the certificate or evidence mentioned in subsection (2) for the dog, the certificate or evidence need not accompany the fee.\ns 57 amd 2009 No. 17 s 300 ; 2013 No. 41 s 48 (1) sch 1 pt 1\n(sec.57-ssec.1) This section applies to the owner of a dog whether or not the owner has been given a renewal notice.\n(sec.57-ssec.2) The owner of the dog must, before the period of registration for the dog expires— if any information on the renewal notice has changed—give the local government notice of the change (the changed information ); and pay the registration fee for the dog; and if it is desexed—ensure the fee is accompanied by a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed. Maximum penalty—20 penalty units.\n(sec.57-ssec.3) However, if a registration form for a dog in the relevant local government’s area has already been accompanied by the certificate or evidence mentioned in subsection (2) for the dog, the certificate or evidence need not accompany the fee.\n- (a) if any information on the renewal notice has changed—give the local government notice of the change (the changed information ); and\n- (b) pay the registration fee for the dog; and\n- (c) if it is desexed—ensure the fee is accompanied by a signed veterinary surgeon’s certificate stating, or other evidence, that it has been desexed.","sortOrder":130},{"sectionNumber":"sec.58","sectionType":"section","heading":"Relevant local government’s obligations if owner complies","content":"### sec.58 Relevant local government’s obligations if owner complies\n\nThis section applies if the owner of a dog given a renewal notice under section 56 complies with section 57 for the dog.\nThe chief executive officer of the local government may ask the owner for other information or documents in the way mentioned in section 48 .\nThe owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48 (2) .\nMaximum penalty—5 penalty units.\nIf the owner complies with subsection (3) , the chief executive officer must—\nwithin 7 days after receiving the notice mentioned in section 57 (2) , ensure the information is updated in the appropriate register in a way that reflects the change; and\nwithin 14 days after receiving the fee, any information or documents mentioned in section 57 (2) or other information or documents given under section 48 , give the owner any registration device for the dog.\ns 58 amd 2009 No. 17 s 301 ; 2013 No. 41 s 48 (1) sch 1 pt 1\n(sec.58-ssec.1) This section applies if the owner of a dog given a renewal notice under section 56 complies with section 57 for the dog.\n(sec.58-ssec.2) The chief executive officer of the local government may ask the owner for other information or documents in the way mentioned in section 48 .\n(sec.58-ssec.3) The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48 (2) . Maximum penalty—5 penalty units.\n(sec.58-ssec.4) If the owner complies with subsection (3) , the chief executive officer must— within 7 days after receiving the notice mentioned in section 57 (2) , ensure the information is updated in the appropriate register in a way that reflects the change; and within 14 days after receiving the fee, any information or documents mentioned in section 57 (2) or other information or documents given under section 48 , give the owner any registration device for the dog.\n- (a) within 7 days after receiving the notice mentioned in section 57 (2) , ensure the information is updated in the appropriate register in a way that reflects the change; and\n- (b) within 14 days after receiving the fee, any information or documents mentioned in section 57 (2) or other information or documents given under section 48 , give the owner any registration device for the dog.","sortOrder":131},{"sectionNumber":"ch.4-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":132},{"sectionNumber":"ch.4-pt.1-div.1","sectionType":"division","heading":"Purpose and application of chapter","content":"## Purpose and application of chapter","sortOrder":133},{"sectionNumber":"sec.59","sectionType":"section","heading":"Purpose of ch 4 and its achievement","content":"### sec.59 Purpose of ch 4 and its achievement\n\nThe purposes of this chapter are to—\nprotect the community from damage or injury, or risk of damage or injury, from regulated dogs; and\nensure regulated dogs are—\nnot a risk to community health or safety; and\ncontrolled and kept in a way consistent with community expectations and the rights of individuals.\nThe purposes are to be achieved primarily by the following—\nproviding for local governments to declare dogs to be dangerous dogs or menacing dogs;\nproviding for the compulsory desexing of declared dangerous dogs;\nproviding for identification of dogs as regulated dogs;\nimposing conditions on keeping, and requirements for the control of, regulated dogs;\nallowing authorised persons to seize or destroy dogs in particular circumstances;\nproviding for local governments to administer, and be responsible for, the matters mentioned in paragraphs (a) to (e) .\ns 59 amd 2024 No. 17 s 38\n(sec.59-ssec.1) The purposes of this chapter are to— protect the community from damage or injury, or risk of damage or injury, from regulated dogs; and ensure regulated dogs are— not a risk to community health or safety; and controlled and kept in a way consistent with community expectations and the rights of individuals.\n(sec.59-ssec.2) The purposes are to be achieved primarily by the following— providing for local governments to declare dogs to be dangerous dogs or menacing dogs; providing for the compulsory desexing of declared dangerous dogs; providing for identification of dogs as regulated dogs; imposing conditions on keeping, and requirements for the control of, regulated dogs; allowing authorised persons to seize or destroy dogs in particular circumstances; providing for local governments to administer, and be responsible for, the matters mentioned in paragraphs (a) to (e) .\n- (a) protect the community from damage or injury, or risk of damage or injury, from regulated dogs; and\n- (b) ensure regulated dogs are— (i) not a risk to community health or safety; and (ii) controlled and kept in a way consistent with community expectations and the rights of individuals.\n- (i) not a risk to community health or safety; and\n- (ii) controlled and kept in a way consistent with community expectations and the rights of individuals.\n- (i) not a risk to community health or safety; and\n- (ii) controlled and kept in a way consistent with community expectations and the rights of individuals.\n- (a) providing for local governments to declare dogs to be dangerous dogs or menacing dogs;\n- (b) providing for the compulsory desexing of declared dangerous dogs;\n- (c) providing for identification of dogs as regulated dogs;\n- (d) imposing conditions on keeping, and requirements for the control of, regulated dogs;\n- (e) allowing authorised persons to seize or destroy dogs in particular circumstances;\n- (f) providing for local governments to administer, and be responsible for, the matters mentioned in paragraphs (a) to (e) .","sortOrder":134},{"sectionNumber":"ch.4-pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":135},{"sectionNumber":"sec.60","sectionType":"section","heading":"What is a regulated dog","content":"### sec.60 What is a regulated dog\n\nA regulated dog is—\na declared dangerous dog; or\na declared menacing dog.\ns 60 amd 2024 No. 17 s 39\n- (a) a declared dangerous dog; or\n- (b) a declared menacing dog.","sortOrder":136},{"sectionNumber":"sec.61","sectionType":"section","heading":"What is a declared dangerous dog","content":"### sec.61 What is a declared dangerous dog\n\nA declared dangerous dog is—\na dangerous dog declared under section 94 to be a dangerous dog; or\na dog that is the subject of a declaration, however called, if the declaration—\nwas made under a corresponding law; and\nis the same as or similar to a dangerous dog declaration.\ns 61 amd 2009 No. 17 s 302\n- (a) a dangerous dog declared under section 94 to be a dangerous dog; or\n- (b) a dog that is the subject of a declaration, however called, if the declaration— (i) was made under a corresponding law; and (ii) is the same as or similar to a dangerous dog declaration.\n- (i) was made under a corresponding law; and\n- (ii) is the same as or similar to a dangerous dog declaration.\n- (i) was made under a corresponding law; and\n- (ii) is the same as or similar to a dangerous dog declaration.","sortOrder":137},{"sectionNumber":"sec.62","sectionType":"section","heading":"What is a declared menacing dog","content":"### sec.62 What is a declared menacing dog\n\nA declared menacing dog is—\na menacing dog declared under section 94 to be a menacing dog; or\na dog that is the subject of a declaration, however called, if the declaration—\nwas made under a corresponding law; and\nis the same as or similar to a menacing dog declaration.\ns 62 amd 2009 No. 17 s 303\n- (a) a menacing dog declared under section 94 to be a menacing dog; or\n- (b) a dog that is the subject of a declaration, however called, if the declaration— (i) was made under a corresponding law; and (ii) is the same as or similar to a menacing dog declaration.\n- (i) was made under a corresponding law; and\n- (ii) is the same as or similar to a menacing dog declaration.\n- (i) was made under a corresponding law; and\n- (ii) is the same as or similar to a menacing dog declaration.","sortOrder":138},{"sectionNumber":"sec.63","sectionType":"section","heading":null,"content":"### Section sec.63\n\ns 63 amd 2010 No. 35 s 6 ; 2016 No. 28 s 71 sch 1\nom 2024 No. 17 s 40","sortOrder":139},{"sectionNumber":"sec.63A","sectionType":"section","heading":"Provisions for deciding what is a breed of dog","content":"### sec.63A Provisions for deciding what is a breed of dog\n\nEach of the following certificates, for a dog, is evidence the dog is of the breed stated in the certificate—\na pedigree certificate from the Australian National Kennel Council;\na pedigree certificate from a member body of the Australian National Kennel Council;\na pedigree certificate from a national breed council registered with the Australian National Kennel Council;\na certificate signed by a veterinary surgeon stating, or to the effect, that the dog is of a particular breed.\nHowever, if a dog is of the breed American Staffordshire terrier it is not of the breed American pit bull terrier.\nAlso, the breed American pit bull terrier does not include a dog of the breed American Staffordshire terrier.\ns 63A ins 2010 No. 35 s 7\n(sec.63A-ssec.1) Each of the following certificates, for a dog, is evidence the dog is of the breed stated in the certificate— a pedigree certificate from the Australian National Kennel Council; a pedigree certificate from a member body of the Australian National Kennel Council; a pedigree certificate from a national breed council registered with the Australian National Kennel Council; a certificate signed by a veterinary surgeon stating, or to the effect, that the dog is of a particular breed.\n(sec.63A-ssec.2) However, if a dog is of the breed American Staffordshire terrier it is not of the breed American pit bull terrier.\n(sec.63A-ssec.3) Also, the breed American pit bull terrier does not include a dog of the breed American Staffordshire terrier.\n- (a) a pedigree certificate from the Australian National Kennel Council;\n- (b) a pedigree certificate from a member body of the Australian National Kennel Council;\n- (c) a pedigree certificate from a national breed council registered with the Australian National Kennel Council;\n- (d) a certificate signed by a veterinary surgeon stating, or to the effect, that the dog is of a particular breed.","sortOrder":140},{"sectionNumber":"sec.64","sectionType":"section","heading":null,"content":"### Section sec.64\n\ns 64 om 2024 No. 17 s 22","sortOrder":141},{"sectionNumber":"ch.4-pt.2","sectionType":"part","heading":"General restrictions and prohibitions","content":"# General restrictions and prohibitions","sortOrder":142},{"sectionNumber":"ch.4-pt.2-div.1","sectionType":"division","heading":"Application of part","content":"## Application of part","sortOrder":143},{"sectionNumber":"sec.65","sectionType":"section","heading":"Application of pt 2","content":"### sec.65 Application of pt 2\n\nThis part does not apply to a local government in relation to a regulated dog if the dog has been surrendered to it.\ns 65 amd 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 41","sortOrder":144},{"sectionNumber":"ch.4-pt.2-div.2","sectionType":"division","heading":"General prohibitions","content":"## General prohibitions","sortOrder":145},{"sectionNumber":"sec.66","sectionType":"section","heading":null,"content":"### Section sec.66\n\ns 66 om 2024 No. 17 s 42","sortOrder":146},{"sectionNumber":"sec.67","sectionType":"section","heading":"Prohibition on supply of regulated dog or proposed declared dog","content":"### sec.67 Prohibition on supply of regulated dog or proposed declared dog\n\nA person (the relevant person ) must not supply a regulated dog or a proposed declared dog to another person unless—\nthe relevant person gives the other person a notice stating that the dog is a regulated dog or a proposed declared dog, as the case may be; or\nthe relevant person has a reasonable excuse.\nMaximum penalty—150 penalty units.\nIn this section—\nproposed declared dog means a dog the subject of—\na proposed declaration notice that has not been withdrawn; or\na dangerous dog declaration or menacing dog declaration that has been stayed under section 184 or the QCAT Act , section 22 (3) .\ns 67 amd 2024 No. 17 s 43\n(sec.67-ssec.1) A person (the relevant person ) must not supply a regulated dog or a proposed declared dog to another person unless— the relevant person gives the other person a notice stating that the dog is a regulated dog or a proposed declared dog, as the case may be; or the relevant person has a reasonable excuse. Maximum penalty—150 penalty units.\n(sec.67-ssec.2) In this section— proposed declared dog means a dog the subject of— a proposed declaration notice that has not been withdrawn; or a dangerous dog declaration or menacing dog declaration that has been stayed under section 184 or the QCAT Act , section 22 (3) .\n- (a) the relevant person gives the other person a notice stating that the dog is a regulated dog or a proposed declared dog, as the case may be; or\n- (b) the relevant person has a reasonable excuse.\n- (a) a proposed declaration notice that has not been withdrawn; or\n- (b) a dangerous dog declaration or menacing dog declaration that has been stayed under section 184 or the QCAT Act , section 22 (3) .","sortOrder":147},{"sectionNumber":"sec.68","sectionType":"section","heading":"Abandonment prohibited","content":"### sec.68 Abandonment prohibited\n\nThe owner of, or a responsible person for, a regulated dog must not abandon it unless the owner or responsible person has a reasonable excuse.\nMaximum penalty—300 penalty units.\nIn this section—\nabandon includes leave for an unreasonable period, having regard to community health and safety.\n(sec.68-ssec.1) The owner of, or a responsible person for, a regulated dog must not abandon it unless the owner or responsible person has a reasonable excuse. Maximum penalty—300 penalty units.\n(sec.68-ssec.2) In this section— abandon includes leave for an unreasonable period, having regard to community health and safety.","sortOrder":148},{"sectionNumber":"ch.4-pt.2-div.3","sectionType":"division","heading":"Declared dangerous dogs","content":"## Declared dangerous dogs","sortOrder":149},{"sectionNumber":"sec.69","sectionType":"section","heading":"Prohibition on breeding","content":"### sec.69 Prohibition on breeding\n\nA person must not give, or take, possession of a declared dangerous dog for the purpose of allowing it to breed with another dog.\nMaximum penalty—150 penalty units.\nThe owner of, or a responsible person for, a declared dangerous dog must not allow or encourage the dog to breed with another dog.\nMaximum penalty—150 penalty units.\ns 69 amd 2024 No. 17 s 45\n(sec.69-ssec.1) A person must not give, or take, possession of a declared dangerous dog for the purpose of allowing it to breed with another dog. Maximum penalty—150 penalty units.\n(sec.69-ssec.2) The owner of, or a responsible person for, a declared dangerous dog must not allow or encourage the dog to breed with another dog. Maximum penalty—150 penalty units.","sortOrder":150},{"sectionNumber":"sec.70","sectionType":"section","heading":"Compulsory desexing of declared dangerous dog","content":"### sec.70 Compulsory desexing of declared dangerous dog\n\nThe owner of a declared dangerous dog must ensure the dog is desexed within 3 months after the dog is declared to be a dangerous dog unless desexing is likely to be a serious risk to the dog’s health.\nMaximum penalty—150 penalty units.\nHowever, subsection (3) applies if a declared dangerous dog is not desexed within the period mentioned in subsection (1) because desexing is likely to temporarily be a serious risk to the dog’s health (a temporary risk ).\nThe owner of the declared dangerous dog must ensure the dog is desexed within 3 months after the temporary risk ends.\nMaximum penalty—150 units.\ns 70 sub 2024 No. 17 s 46\n(sec.70-ssec.1) The owner of a declared dangerous dog must ensure the dog is desexed within 3 months after the dog is declared to be a dangerous dog unless desexing is likely to be a serious risk to the dog’s health. Maximum penalty—150 penalty units.\n(sec.70-ssec.2) However, subsection (3) applies if a declared dangerous dog is not desexed within the period mentioned in subsection (1) because desexing is likely to temporarily be a serious risk to the dog’s health (a temporary risk ).\n(sec.70-ssec.3) The owner of the declared dangerous dog must ensure the dog is desexed within 3 months after the temporary risk ends. Maximum penalty—150 units.","sortOrder":151},{"sectionNumber":"ch.4-pt.2-div.4","sectionType":"division","heading":null,"content":"","sortOrder":152},{"sectionNumber":"sec.71","sectionType":"section","heading":null,"content":"### Section sec.71\n\ns 71 om 2024 No. 17 s 47","sortOrder":153},{"sectionNumber":"ch.4-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":154},{"sectionNumber":"ch.4-pt.3-div.1","sectionType":"division","heading":null,"content":"","sortOrder":155},{"sectionNumber":"sec.72","sectionType":"section","heading":null,"content":"### Section sec.72\n\ns 72 om 2024 No. 17 s 48","sortOrder":156},{"sectionNumber":"sec.73","sectionType":"section","heading":null,"content":"### Section sec.73\n\ns 73 om 2024 No. 17 s 48","sortOrder":157},{"sectionNumber":"sec.74","sectionType":"section","heading":null,"content":"### Section sec.74\n\ns 74 om 2024 No. 17 s 48","sortOrder":158},{"sectionNumber":"sec.75","sectionType":"section","heading":null,"content":"### Section sec.75\n\ns 75 amd 2016 No. 28 s 71 sch 1\nom 2024 No. 17 s 48","sortOrder":159},{"sectionNumber":"sec.76","sectionType":"section","heading":null,"content":"### Section sec.76\n\ns 76 om 2024 No. 17 s 48","sortOrder":160},{"sectionNumber":"sec.77","sectionType":"section","heading":null,"content":"### Section sec.77\n\ns 77 om 2024 No. 17 s 48","sortOrder":161},{"sectionNumber":"sec.78","sectionType":"section","heading":null,"content":"### Section sec.78\n\ns 78 om 2024 No. 17 s 48","sortOrder":162},{"sectionNumber":"sec.79","sectionType":"section","heading":null,"content":"### Section sec.79\n\ns 79 om 2024 No. 17 s 48","sortOrder":163},{"sectionNumber":"ch.4-pt.3-div.2","sectionType":"division","heading":null,"content":"","sortOrder":164},{"sectionNumber":"sec.80","sectionType":"section","heading":null,"content":"### Section sec.80\n\ns 80 om 2024 No. 17 s 48","sortOrder":165},{"sectionNumber":"sec.81","sectionType":"section","heading":null,"content":"### Section sec.81\n\ns 81 amd 2020 No. 3 s 23 ; 2024 No. 17 s 11\nom 2024 No. 17 s 48","sortOrder":166},{"sectionNumber":"ch.4-pt.3-div.3","sectionType":"division","heading":null,"content":"","sortOrder":167},{"sectionNumber":"sec.82","sectionType":"section","heading":null,"content":"### Section sec.82\n\ns 82 om 2024 No. 17 s 48","sortOrder":168},{"sectionNumber":"sec.83","sectionType":"section","heading":null,"content":"### Section sec.83\n\ns 83 om 2024 No. 17 s 48","sortOrder":169},{"sectionNumber":"sec.84","sectionType":"section","heading":null,"content":"### Section sec.84\n\ns 84 om 2024 No. 17 s 48","sortOrder":170},{"sectionNumber":"sec.85","sectionType":"section","heading":null,"content":"### Section sec.85\n\ns 85 om 2024 No. 17 s 48","sortOrder":171},{"sectionNumber":"ch.4-pt.3-div.4","sectionType":"division","heading":null,"content":"","sortOrder":172},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2024 No. 17 s 48","sortOrder":173},{"sectionNumber":"sec.87","sectionType":"section","heading":null,"content":"### Section sec.87\n\ns 87 om 2024 No. 17 s 48","sortOrder":174},{"sectionNumber":"ch.4-pt.3-div.5","sectionType":"division","heading":null,"content":"","sortOrder":175},{"sectionNumber":"sec.88","sectionType":"section","heading":null,"content":"### Section sec.88\n\ns 88 om 2024 No. 17 s 48","sortOrder":176},{"sectionNumber":"ch.4-pt.4","sectionType":"part","heading":"Regulated dog declarations","content":"# Regulated dog declarations","sortOrder":177},{"sectionNumber":"sec.89","sectionType":"section","heading":"Power to make declaration","content":"### sec.89 Power to make declaration\n\nAny local government may, by complying with the requirements of this part—\ndeclare a particular dog to be a declared dangerous dog (a dangerous dog declaration ); or\ndeclare a particular dog to be a declared menacing dog (a menacing dog declaration ).\nA dangerous dog declaration may be made for a dog only if the dog—\nhas seriously attacked, or acted in a way that caused fear to, a person or another animal; or\nmay, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.\nA menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious.\nThe declaration may be made even if the dog is not in the local government’s area.\nA declaration under this section is a regulated dog declaration .\nIn this section—\nanimal has the meaning given by section 191 .\nseriously attack means—\nin relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or\nin relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.\ns 89 amd 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 23 ; 2024 No. 17 s 49\n(sec.89-ssec.1) Any local government may, by complying with the requirements of this part— declare a particular dog to be a declared dangerous dog (a dangerous dog declaration ); or declare a particular dog to be a declared menacing dog (a menacing dog declaration ).\n(sec.89-ssec.2) A dangerous dog declaration may be made for a dog only if the dog— has seriously attacked, or acted in a way that caused fear to, a person or another animal; or may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.\n(sec.89-ssec.3) A menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious.\n(sec.89-ssec.4) The declaration may be made even if the dog is not in the local government’s area.\n(sec.89-ssec.5) A declaration under this section is a regulated dog declaration .\n(sec.89-ssec.6) In this section— animal has the meaning given by section 191 . seriously attack means— in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.\n- (a) declare a particular dog to be a declared dangerous dog (a dangerous dog declaration ); or\n- (b) declare a particular dog to be a declared menacing dog (a menacing dog declaration ).\n- (a) has seriously attacked, or acted in a way that caused fear to, a person or another animal; or\n- (b) may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.\n- (a) in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or\n- (b) in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.","sortOrder":178},{"sectionNumber":"sec.90","sectionType":"section","heading":"Notice of proposed declaration","content":"### sec.90 Notice of proposed declaration\n\nIf a local government proposes to make a regulated dog declaration it must give any owner of the dog a notice (a proposed declaration notice ) stating—\nthe following details for the dog—\nbreed;\ncolour;\nsex;\nany other noticeable distinguishing features or marks; and\nthe local government proposes to declare the dog to be a regulated dog; and\nthe type of regulated dog declaration proposed to be made; and\nthe reasons for the proposed declaration; and\nan owner of the dog may make, within a stated period, written representations to show why the proposed declaration should not be made.\nThe stated period must end at least 14 days after the proposed declaration notice is given.\nThe proposed declaration notice may be accompanied by a written opinion from a veterinary surgeon or other evidence about the dog’s breed.\ns 90 amd 2009 No. 51 s 42 ; 2024 No. 17 s 50\n(sec.90-ssec.1) If a local government proposes to make a regulated dog declaration it must give any owner of the dog a notice (a proposed declaration notice ) stating— the following details for the dog— breed; colour; sex; any other noticeable distinguishing features or marks; and the local government proposes to declare the dog to be a regulated dog; and the type of regulated dog declaration proposed to be made; and the reasons for the proposed declaration; and an owner of the dog may make, within a stated period, written representations to show why the proposed declaration should not be made.\n(sec.90-ssec.2) The stated period must end at least 14 days after the proposed declaration notice is given.\n(sec.90-ssec.3) The proposed declaration notice may be accompanied by a written opinion from a veterinary surgeon or other evidence about the dog’s breed.\n- (a) the following details for the dog— (i) breed; (ii) colour; (iii) sex; (iv) any other noticeable distinguishing features or marks; and\n- (i) breed;\n- (ii) colour;\n- (iii) sex;\n- (iv) any other noticeable distinguishing features or marks; and\n- (b) the local government proposes to declare the dog to be a regulated dog; and\n- (c) the type of regulated dog declaration proposed to be made; and\n- (d) the reasons for the proposed declaration; and\n- (e) an owner of the dog may make, within a stated period, written representations to show why the proposed declaration should not be made.\n- (i) breed;\n- (ii) colour;\n- (iii) sex;\n- (iv) any other noticeable distinguishing features or marks; and","sortOrder":179},{"sectionNumber":"sec.91","sectionType":"section","heading":"Proposed declaration notice does not limit other powers","content":"### sec.91 Proposed declaration notice does not limit other powers\n\nThe giving of a proposed declaration notice does not limit an authorised person’s powers under—\nchapter 5 ; or\na regulation.\n- (a) chapter 5 ; or\n- (b) a regulation.","sortOrder":180},{"sectionNumber":"sec.92","sectionType":"section","heading":"Withdrawing proposed declaration notice","content":"### sec.92 Withdrawing proposed declaration notice\n\nThe local government may withdraw the proposed declaration notice by giving notice of the withdrawal to any owner of the dog the subject of the notice.","sortOrder":181},{"sectionNumber":"sec.93","sectionType":"section","heading":"Owner’s obligation if proposed declaration notice in force","content":"### sec.93 Owner’s obligation if proposed declaration notice in force\n\nThis section applies if the proposed declaration notice is for a dangerous dog declaration.\nEach owner of, and responsible person for, the dog the subject of the proposed declaration notice must ensure the condition imposed under schedule 1 , section 3 , is complied with for the dog.\nMaximum penalty—150 penalty units.\nSee also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.\nSubsection (2) ceases to apply if the notice is withdrawn.\ns 93 amd 2009 No. 17 s 304 ; 2016 No. 28 s 71 sch 1 ; 2024 No. 17 ss 12, 51\n(sec.93-ssec.1) This section applies if the proposed declaration notice is for a dangerous dog declaration.\n(sec.93-ssec.2) Each owner of, and responsible person for, the dog the subject of the proposed declaration notice must ensure the condition imposed under schedule 1 , section 3 , is complied with for the dog. Maximum penalty—150 penalty units. See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.\n(sec.93-ssec.3) Subsection (2) ceases to apply if the notice is withdrawn.","sortOrder":182},{"sectionNumber":"sec.94","sectionType":"section","heading":"Making regulated dog declaration","content":"### sec.94 Making regulated dog declaration\n\nThe local government must consider any written representations and evidence accompanying them within the period stated in the proposed declaration notice.\nIf, after complying with subsection (1) , the local government is satisfied that the relevant ground under section 89 still exists, it must make the regulated dog declaration for the dog.\ns 94 amd 2024 No. 17 s 192 sch 1 pt 2\n(sec.94-ssec.1) The local government must consider any written representations and evidence accompanying them within the period stated in the proposed declaration notice.\n(sec.94-ssec.2) If, after complying with subsection (1) , the local government is satisfied that the relevant ground under section 89 still exists, it must make the regulated dog declaration for the dog.","sortOrder":183},{"sectionNumber":"sec.95","sectionType":"section","heading":"Giving information notice about decision to make regulated dog declaration","content":"### sec.95 Giving information notice about decision to make regulated dog declaration\n\nAs soon as practicable after deciding to make a regulated dog declaration, the local government must give any owner of the dog the subject of the declaration an information notice about the decision.\nHowever, the local government must not give an information notice under subsection (1) if an authorised person has made a destruction order under section 127A in relation to the dog.\nSee section 127A in relation to the requirement to give a single information notice about the decisions to make the regulated dog declaration and the destruction order.\nThe decision takes effect on the later of the following days—\nthe day any owner of the dog is given the information notice;\na later day of effect stated in the information notice.\nThe information notice must state—\nthat the dog is the subject of—\nif the dog is a dangerous dog—a dangerous dog declaration; or\nif the dog is a menacing dog—a menacing dog declaration; and\nthe reasons for the declaration; and\nthe local government that made the declaration; and\nthe day the decision takes effect; and\nthat the dog must be kept only at the place stated in the registration notice as the address for the dog; and\nif the dog is impounded—a unique number given to the dog by the local government for the purposes of impounding; and\nany other information prescribed under a regulation.\ns 95 amd 2009 No. 17 s 305 ; 2013 No. 41 s 49 ; 2024 No. 17 s 52\n(sec.95-ssec.1) As soon as practicable after deciding to make a regulated dog declaration, the local government must give any owner of the dog the subject of the declaration an information notice about the decision.\n(sec.95-ssec.2) However, the local government must not give an information notice under subsection (1) if an authorised person has made a destruction order under section 127A in relation to the dog. See section 127A in relation to the requirement to give a single information notice about the decisions to make the regulated dog declaration and the destruction order.\n(sec.95-ssec.3) The decision takes effect on the later of the following days— the day any owner of the dog is given the information notice; a later day of effect stated in the information notice.\n(sec.95-ssec.4) The information notice must state— that the dog is the subject of— if the dog is a dangerous dog—a dangerous dog declaration; or if the dog is a menacing dog—a menacing dog declaration; and the reasons for the declaration; and the local government that made the declaration; and the day the decision takes effect; and that the dog must be kept only at the place stated in the registration notice as the address for the dog; and if the dog is impounded—a unique number given to the dog by the local government for the purposes of impounding; and any other information prescribed under a regulation.\n- (a) the day any owner of the dog is given the information notice;\n- (b) a later day of effect stated in the information notice.\n- (a) that the dog is the subject of— (i) if the dog is a dangerous dog—a dangerous dog declaration; or (ii) if the dog is a menacing dog—a menacing dog declaration; and\n- (i) if the dog is a dangerous dog—a dangerous dog declaration; or\n- (ii) if the dog is a menacing dog—a menacing dog declaration; and\n- (b) the reasons for the declaration; and\n- (c) the local government that made the declaration; and\n- (d) the day the decision takes effect; and\n- (e) that the dog must be kept only at the place stated in the registration notice as the address for the dog; and\n- (f) if the dog is impounded—a unique number given to the dog by the local government for the purposes of impounding; and\n- (g) any other information prescribed under a regulation.\n- (i) if the dog is a dangerous dog—a dangerous dog declaration; or\n- (ii) if the dog is a menacing dog—a menacing dog declaration; and","sortOrder":184},{"sectionNumber":"ch.4-pt.5","sectionType":"part","heading":"Conditions for regulated dogs","content":"# Conditions for regulated dogs","sortOrder":185},{"sectionNumber":"sec.96","sectionType":"section","heading":"Operation of pt 5","content":"### sec.96 Operation of pt 5\n\nThis part imposes conditions on the owner of, or responsible person for, a regulated dog.\nAlso, a regulation may prescribe other conditions for a regulated dog.\nHowever, if the information notice mentioned in section 95 (4) about the dog states a condition does not take effect until a stated day, the condition does not apply until that day.\nThe stated day can not be more than 21 days after the owner is given the information notice.\ns 96 amd 2013 No. 41 s 50 ; 2024 No. 17 s 54\n(sec.96-ssec.1) This part imposes conditions on the owner of, or responsible person for, a regulated dog.\n(sec.96-ssec.2) Also, a regulation may prescribe other conditions for a regulated dog.\n(sec.96-ssec.3) However, if the information notice mentioned in section 95 (4) about the dog states a condition does not take effect until a stated day, the condition does not apply until that day.\n(sec.96-ssec.4) The stated day can not be more than 21 days after the owner is given the information notice.","sortOrder":186},{"sectionNumber":"sec.97","sectionType":"section","heading":"Declared dangerous dogs","content":"### sec.97 Declared dangerous dogs\n\nA relevant person for a declared dangerous dog must ensure each condition imposed under schedule 1 , sections 2 to 6 and 8 , or prescribed by regulation, in relation to the dog is complied with for the dog.\nMaximum penalty—150 penalty units.\nIn this section—\nrelevant person , for a declared dangerous dog, means the owner of, or any responsible person for, a declared dangerous dog.\ns 97 amd 2009 No. 51 s 43 ; 2020 No. 3 s 24 ; 2024 No. 17 ss 13, 55\n(sec.97-ssec.1) A relevant person for a declared dangerous dog must ensure each condition imposed under schedule 1 , sections 2 to 6 and 8 , or prescribed by regulation, in relation to the dog is complied with for the dog. Maximum penalty—150 penalty units.\n(sec.97-ssec.2) In this section— relevant person , for a declared dangerous dog, means the owner of, or any responsible person for, a declared dangerous dog.","sortOrder":187},{"sectionNumber":"sec.98","sectionType":"section","heading":"Declared menacing dogs","content":"### sec.98 Declared menacing dogs\n\nA relevant person for a declared menacing dog must ensure each condition imposed under schedule 1 , sections 2 , 2A , 4 to 6 and 8 , or prescribed by regulation, in relation to the dog is complied with for the dog.\nMaximum penalty—150 penalty units.\nIn this section—\nrelevant person , for a declared menacing dog, means the owner of, or any responsible person for, a declared menacing dog.\ns 98 amd 2009 No. 17 s 306 ; 2009 No. 51 s 44 ; 2020 No. 3 s 25 ; 2024 No. 17 ss 14, 56\n(sec.98-ssec.1) A relevant person for a declared menacing dog must ensure each condition imposed under schedule 1 , sections 2 , 2A , 4 to 6 and 8 , or prescribed by regulation, in relation to the dog is complied with for the dog. Maximum penalty—150 penalty units.\n(sec.98-ssec.2) In this section— relevant person , for a declared menacing dog, means the owner of, or any responsible person for, a declared menacing dog.","sortOrder":188},{"sectionNumber":"ch.4-pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":189},{"sectionNumber":"sec.99","sectionType":"section","heading":null,"content":"### Section sec.99\n\ns 99 om 2024 No. 17 s 57","sortOrder":190},{"sectionNumber":"sec.100","sectionType":"section","heading":"Surrender of regulated dog","content":"### sec.100 Surrender of regulated dog\n\nAn owner of a regulated dog may surrender it to the relevant local government.\nOn the surrender, the dog becomes the local government’s property.\nThe local government must destroy the dog as soon as practicable after the surrender.\n(sec.100-ssec.1) An owner of a regulated dog may surrender it to the relevant local government.\n(sec.100-ssec.2) On the surrender, the dog becomes the local government’s property.\n(sec.100-ssec.3) The local government must destroy the dog as soon as practicable after the surrender.","sortOrder":191},{"sectionNumber":"sec.101","sectionType":"section","heading":"Defence for regulated dog owner","content":"### sec.101 Defence for regulated dog owner\n\nIt is a defence in a proceeding for an offence against this chapter relating to a regulated dog against an owner of the dog for the owner to prove—\nanother person also owns the dog or owned it when the act or omission the subject of the proceeding happened; and\nthe other owner has—\nbeen convicted of the same offence or another offence constituted by the act or omission; and\nmet or paid any penalty imposed for the conviction.\n- (a) another person also owns the dog or owned it when the act or omission the subject of the proceeding happened; and\n- (b) the other owner has— (i) been convicted of the same offence or another offence constituted by the act or omission; and (ii) met or paid any penalty imposed for the conviction.\n- (i) been convicted of the same offence or another offence constituted by the act or omission; and\n- (ii) met or paid any penalty imposed for the conviction.\n- (i) been convicted of the same offence or another offence constituted by the act or omission; and\n- (ii) met or paid any penalty imposed for the conviction.","sortOrder":192},{"sectionNumber":"sec.103","sectionType":"section","heading":"Cost of regulated dog enclosure—dividing fence","content":"### sec.103 Cost of regulated dog enclosure—dividing fence\n\nThis section applies if an enclosure, or proposed enclosure, for a regulated dog is, or when built will be, a dividing fence under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , in whole or part.\nThe liabilities and rights under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , or a proposed order under that Act, of adjoining owners in relation to the fence for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out as if—\nthere is not, and will not be, a regulated dog in the enclosure; and\nthe requirements of this chapter relating to the enclosure do not apply.\nHowever, if part of the fence forms part of a pool barrier, the liabilities and rights of adjoining owners relating to that part of the fence forming part of a pool barrier for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out under the Building Act 1975 , chapter 8 , part 2A .\nIf the fence is, or is proposed to be, built by a person who leases the place that is, or is to be, the relevant place for a regulated dog—\nthe Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , section 24 does not apply; and\nthe Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 5 , division 1 applies.\nIn this section—\npool barrier means a pool barrier under the Building Act 1975 , section 245XA .\nrelevant place , for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog.\ns 103 amd 2011 No. 25 s 105 sch 1 pt 2 ; 2011 No. 27 s 213 ; 2013 No. 3 s 60 sch 1 ; 2015 No. 15 s 35 ; 2024 No. 17 s 59\n(sec.103-ssec.1) This section applies if an enclosure, or proposed enclosure, for a regulated dog is, or when built will be, a dividing fence under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , in whole or part.\n(sec.103-ssec.2) The liabilities and rights under the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , or a proposed order under that Act, of adjoining owners in relation to the fence for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out as if— there is not, and will not be, a regulated dog in the enclosure; and the requirements of this chapter relating to the enclosure do not apply.\n(sec.103-ssec.3) However, if part of the fence forms part of a pool barrier, the liabilities and rights of adjoining owners relating to that part of the fence forming part of a pool barrier for the cost of building, altering, repairing, replacing or maintaining the fence must be worked out under the Building Act 1975 , chapter 8 , part 2A .\n(sec.103-ssec.4) If the fence is, or is proposed to be, built by a person who leases the place that is, or is to be, the relevant place for a regulated dog— the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , section 24 does not apply; and the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 5 , division 1 applies.\n(sec.103-ssec.5) In this section— pool barrier means a pool barrier under the Building Act 1975 , section 245XA . relevant place , for a regulated dog, means the place stated in the registration notice for the dog as the address for the dog.\n- (a) there is not, and will not be, a regulated dog in the enclosure; and\n- (b) the requirements of this chapter relating to the enclosure do not apply.\n- (a) the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 , section 24 does not apply; and\n- (b) the Residential Tenancies and Rooming Accommodation Act 2008 , chapter 3 , part 5 , division 1 applies.","sortOrder":193},{"sectionNumber":"ch.5-pt.1","sectionType":"part","heading":"Authorised persons","content":"# Authorised persons","sortOrder":194},{"sectionNumber":"sec.104","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.104 Appointment and qualifications\n\nThe chief executive may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act—\na public service employee;\na person prescribed under a regulation.\nThe chief executive officer of a local government may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act—\nan employee of the local government;\na person prescribed under a regulation.\nHowever, the chief executive or chief executive officer (each the designated officer ) may appoint a person as an authorised person only if the designated officer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\ns 104 amd 2009 No. 17 s 307\n(sec.104-ssec.1) The chief executive may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act— a public service employee; a person prescribed under a regulation.\n(sec.104-ssec.2) The chief executive officer of a local government may appoint any of the following persons as an authorised person to investigate, monitor and enforce compliance with this Act— an employee of the local government; a person prescribed under a regulation.\n(sec.104-ssec.3) However, the chief executive or chief executive officer (each the designated officer ) may appoint a person as an authorised person only if the designated officer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\n- (a) a public service employee;\n- (b) a person prescribed under a regulation.\n- (a) an employee of the local government;\n- (b) a person prescribed under a regulation.","sortOrder":195},{"sectionNumber":"sec.105","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.105 Appointment conditions and limit on powers\n\nAn authorised person holds office on any conditions stated in—\nthe authorised person’s instrument of appointment; or\na signed notice given to the authorised person; or\na regulation.\nThe instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\nIn this section—\nsigned notice means a notice signed by the chief executive officer.\n(sec.105-ssec.1) An authorised person holds office on any conditions stated in— the authorised person’s instrument of appointment; or a signed notice given to the authorised person; or a regulation.\n(sec.105-ssec.2) The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers under this Act.\n(sec.105-ssec.3) In this section— signed notice means a notice signed by the chief executive officer.\n- (a) the authorised person’s instrument of appointment; or\n- (b) a signed notice given to the authorised person; or\n- (c) a regulation.","sortOrder":196},{"sectionNumber":"sec.106","sectionType":"section","heading":"Issue of identity card","content":"### sec.106 Issue of identity card\n\nThe chief executive officer of a local government must issue an identity card to each authorised person.\nThe identity card must—\ncontain a recent photo of the authorised person; and\ncontain a copy of the authorised person’s signature; and\nidentify the person as an authorised person under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n(sec.106-ssec.1) The chief executive officer of a local government must issue an identity card to each authorised person.\n(sec.106-ssec.2) The identity card must— contain a recent photo of the authorised person; and contain a copy of the authorised person’s signature; and identify the person as an authorised person under this Act; and state an expiry date for the card.\n(sec.106-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the authorised person; and\n- (b) contain a copy of the authorised person’s signature; and\n- (c) identify the person as an authorised person under this Act; and\n- (d) state an expiry date for the card.","sortOrder":197},{"sectionNumber":"sec.107","sectionType":"section","heading":"Production or display of identity card","content":"### sec.107 Production or display of identity card\n\nIn exercising a power under this Act in relation to another person, an authorised person must—\nproduce the authorised person’s identity card for the other person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the other person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\nFor subsection (1) , an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 111 (1) (b) or (4) .\n(sec.107-ssec.1) In exercising a power under this Act in relation to another person, an authorised person must— produce the authorised person’s identity card for the other person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the other person when exercising the power.\n(sec.107-ssec.2) However, if it is not practicable to comply with subsection (1) , the authorised person must produce the identity card for the other person’s inspection at the first reasonable opportunity.\n(sec.107-ssec.3) For subsection (1) , an authorised person does not exercise a power in relation to another person only because the authorised person has entered a place as mentioned in section 111 (1) (b) or (4) .\n- (a) produce the authorised person’s identity card for the other person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the other person when exercising the power.","sortOrder":198},{"sectionNumber":"sec.108","sectionType":"section","heading":"When authorised person ceases to hold office","content":"### sec.108 When authorised person ceases to hold office\n\nAn authorised person ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the authorised person ceases to hold office;\nthe authorised person’s resignation under section 109 takes effect.\nSubsection (1) does not limit the ways an authorised person may cease to hold office.\nIn this section—\ncondition of office means a condition on which the authorised person holds office.\n(sec.108-ssec.1) An authorised person ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the authorised person ceases to hold office; the authorised person’s resignation under section 109 takes effect.\n(sec.108-ssec.2) Subsection (1) does not limit the ways an authorised person may cease to hold office.\n(sec.108-ssec.3) In this section— condition of office means a condition on which the authorised person holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the authorised person ceases to hold office;\n- (c) the authorised person’s resignation under section 109 takes effect.","sortOrder":199},{"sectionNumber":"sec.109","sectionType":"section","heading":"Resignation","content":"### sec.109 Resignation\n\nAn authorised person may resign by signed notice given to the chief executive officer of the local government that appointed the person.","sortOrder":200},{"sectionNumber":"sec.110","sectionType":"section","heading":"Return of identity card","content":"### sec.110 Return of identity card\n\nA person who ceases to be an authorised person must return the person’s identity card to the chief executive officer of the local government that appointed the person within 21 days after ceasing to be an authorised person unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.","sortOrder":201},{"sectionNumber":"ch.5-pt.2","sectionType":"part","heading":"Entry to places","content":"# Entry to places","sortOrder":202},{"sectionNumber":"ch.5-pt.2-div.1","sectionType":"division","heading":"Powers of entry","content":"## Powers of entry","sortOrder":203},{"sectionNumber":"sec.111","sectionType":"section","heading":"General power to enter places","content":"### sec.111 General power to enter places\n\nAn authorised person may enter a place if—\nan occupier of the place consents to the entry; or\nit is a public place and the entry is made when it is open to the public; or\nthe entry is authorised by a warrant; or\nit is mentioned in a licence as a place of business and is—\nopen for carrying on the business; or\notherwise open for entry; or\nrequired to be open for inspection under the licence; or\nthe entry is made, during the daytime, to inspect whether a prohibited dog is at the place; or\nthe entry is made, during the daytime, to inspect work carried out under a condition of a dangerous dog declaration, menacing dog declaration, or compliance notice; or\nthe entry is made, at a reasonable time of the day or night, under an approved inspection program.\nHowever, an authorised person may enter a place at night for a purpose mentioned in subsection (1) (e) or (f) if—\nthe entry is at a time asked by the occupier; or\nthe entry is in accordance with the times provided for in a compliance notice under section 132 (3) (a) .\nFor subsection (1) (d) to (g) , a place does not include a part of the place where a person resides.\nFor the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant—\nenter land around premises at the place to an extent that is reasonable to contact the occupier; or\nenter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\ns 111 amd 2024 No. 17 s 61\n(sec.111-ssec.1) An authorised person may enter a place if— an occupier of the place consents to the entry; or it is a public place and the entry is made when it is open to the public; or the entry is authorised by a warrant; or it is mentioned in a licence as a place of business and is— open for carrying on the business; or otherwise open for entry; or required to be open for inspection under the licence; or the entry is made, during the daytime, to inspect whether a prohibited dog is at the place; or the entry is made, during the daytime, to inspect work carried out under a condition of a dangerous dog declaration, menacing dog declaration, or compliance notice; or the entry is made, at a reasonable time of the day or night, under an approved inspection program.\n(sec.111-ssec.2) However, an authorised person may enter a place at night for a purpose mentioned in subsection (1) (e) or (f) if— the entry is at a time asked by the occupier; or the entry is in accordance with the times provided for in a compliance notice under section 132 (3) (a) .\n(sec.111-ssec.3) For subsection (1) (d) to (g) , a place does not include a part of the place where a person resides.\n(sec.111-ssec.4) For the purpose of asking an occupier of a place for consent to enter, an authorised person may, without the occupier’s consent or a warrant— enter land around premises at the place to an extent that is reasonable to contact the occupier; or enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.\n- (a) an occupier of the place consents to the entry; or\n- (b) it is a public place and the entry is made when it is open to the public; or\n- (c) the entry is authorised by a warrant; or\n- (d) it is mentioned in a licence as a place of business and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the licence; or\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the licence; or\n- (e) the entry is made, during the daytime, to inspect whether a prohibited dog is at the place; or\n- (f) the entry is made, during the daytime, to inspect work carried out under a condition of a dangerous dog declaration, menacing dog declaration, or compliance notice; or\n- (g) the entry is made, at a reasonable time of the day or night, under an approved inspection program.\n- (i) open for carrying on the business; or\n- (ii) otherwise open for entry; or\n- (iii) required to be open for inspection under the licence; or\n- (a) the entry is at a time asked by the occupier; or\n- (b) the entry is in accordance with the times provided for in a compliance notice under section 132 (3) (a) .\n- (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or\n- (b) enter part of the place the authorised person reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.","sortOrder":204},{"sectionNumber":"sec.112","sectionType":"section","heading":"Additional entry powers for particular dogs","content":"### sec.112 Additional entry powers for particular dogs\n\nAn authorised person may enter at a place if—\nthe authorised person reasonably suspects—\na dog is at the place; and\nany delay in entering the place will result in a risk to community health or safety, or in the dog being concealed or moved to avoid a requirement under chapter 4 ; or\nits occupier has been given a compliance notice and the entry is made at a time stated in the notice to check compliance with the notice; or\nthe authorised person reasonably suspects a prohibited dog is at the place.\nA power under subsection (1) can not be exercised using force.\nFor power to enter using force, see section 118 .\nHowever, for subsection (1) (a) and (c) , an authorised person may enter the place, or part of the place, with the help and using the force that is necessary and reasonable in the circumstances if the place is not a place where a person resides.\ns 112 amd 2009 No. 17 s 308 ; 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 62\n(sec.112-ssec.1) An authorised person may enter at a place if— the authorised person reasonably suspects— a dog is at the place; and any delay in entering the place will result in a risk to community health or safety, or in the dog being concealed or moved to avoid a requirement under chapter 4 ; or its occupier has been given a compliance notice and the entry is made at a time stated in the notice to check compliance with the notice; or the authorised person reasonably suspects a prohibited dog is at the place.\n(sec.112-ssec.2) A power under subsection (1) can not be exercised using force. For power to enter using force, see section 118 .\n(sec.112-ssec.3) However, for subsection (1) (a) and (c) , an authorised person may enter the place, or part of the place, with the help and using the force that is necessary and reasonable in the circumstances if the place is not a place where a person resides.\n- (a) the authorised person reasonably suspects— (i) a dog is at the place; and (ii) any delay in entering the place will result in a risk to community health or safety, or in the dog being concealed or moved to avoid a requirement under chapter 4 ; or\n- (i) a dog is at the place; and\n- (ii) any delay in entering the place will result in a risk to community health or safety, or in the dog being concealed or moved to avoid a requirement under chapter 4 ; or\n- (b) its occupier has been given a compliance notice and the entry is made at a time stated in the notice to check compliance with the notice; or\n- (c) the authorised person reasonably suspects a prohibited dog is at the place.\n- (i) a dog is at the place; and\n- (ii) any delay in entering the place will result in a risk to community health or safety, or in the dog being concealed or moved to avoid a requirement under chapter 4 ; or","sortOrder":205},{"sectionNumber":"sec.113","sectionType":"section","heading":"Approval of inspection program authorising entry","content":"### sec.113 Approval of inspection program authorising entry\n\nA local government (the approving local government ) may by resolution approve a program (an approved inspection program ) under which an authorised person may enter a place to monitor compliance with this Act or an aspect of this Act.\ncompliance with the conditions imposed under chapter 4 , part 5\nAn approved inspection program must be a selective inspection program or systematic inspection program.\nA selective inspection program provides for the selection, in accordance with the resolution, of places in the local government’s area, or a particular part of the area, to be entered and inspected.\nA systematic inspection program provides for all places, or all places of a particular type, in the local government’s area, or a particular part of the area, to be entered and inspected.\nAn approved inspection program must state the following—\nthe purpose of the program;\nwhen the program starts;\nfor a selective inspection program—\nobjective criteria for selecting places to be entered and inspected; and\nif the places are to be selected from a part of the local government’s area—a description of the part;\nfor a systematic inspection program—\nif places in a part of the local government’s area are to be entered and inspected—a description of the part; and\nif a type of place is to be entered and inspected—a description of the type;\nthe period, of not more than 6 months or another period prescribed under a regulation, over which the program is to be carried out.\ns 113 amd 2024 No. 17 s 63\n(sec.113-ssec.1) A local government (the approving local government ) may by resolution approve a program (an approved inspection program ) under which an authorised person may enter a place to monitor compliance with this Act or an aspect of this Act. compliance with the conditions imposed under chapter 4 , part 5\n(sec.113-ssec.2) An approved inspection program must be a selective inspection program or systematic inspection program.\n(sec.113-ssec.3) A selective inspection program provides for the selection, in accordance with the resolution, of places in the local government’s area, or a particular part of the area, to be entered and inspected.\n(sec.113-ssec.4) A systematic inspection program provides for all places, or all places of a particular type, in the local government’s area, or a particular part of the area, to be entered and inspected.\n(sec.113-ssec.5) An approved inspection program must state the following— the purpose of the program; when the program starts; for a selective inspection program— objective criteria for selecting places to be entered and inspected; and if the places are to be selected from a part of the local government’s area—a description of the part; for a systematic inspection program— if places in a part of the local government’s area are to be entered and inspected—a description of the part; and if a type of place is to be entered and inspected—a description of the type; the period, of not more than 6 months or another period prescribed under a regulation, over which the program is to be carried out.\n- (a) the purpose of the program;\n- (b) when the program starts;\n- (c) for a selective inspection program— (i) objective criteria for selecting places to be entered and inspected; and (ii) if the places are to be selected from a part of the local government’s area—a description of the part;\n- (i) objective criteria for selecting places to be entered and inspected; and\n- (ii) if the places are to be selected from a part of the local government’s area—a description of the part;\n- (d) for a systematic inspection program— (i) if places in a part of the local government’s area are to be entered and inspected—a description of the part; and (ii) if a type of place is to be entered and inspected—a description of the type;\n- (i) if places in a part of the local government’s area are to be entered and inspected—a description of the part; and\n- (ii) if a type of place is to be entered and inspected—a description of the type;\n- (e) the period, of not more than 6 months or another period prescribed under a regulation, over which the program is to be carried out.\n- (i) objective criteria for selecting places to be entered and inspected; and\n- (ii) if the places are to be selected from a part of the local government’s area—a description of the part;\n- (i) if places in a part of the local government’s area are to be entered and inspected—a description of the part; and\n- (ii) if a type of place is to be entered and inspected—a description of the type;","sortOrder":206},{"sectionNumber":"sec.114","sectionType":"section","heading":"Notice of proposed inspection program","content":"### sec.114 Notice of proposed inspection program\n\nAt least 14 days, but not more than 28 days, before an approved inspection program starts, the approving local government must give notice of the program.\nThe notice must be published—\nin a newspaper circulating generally in the local government’s area; and\non the local government’s website.\nThe notice must state the following—\nthe name of the local government;\nin general terms, the purpose and scope of the program;\nwhen the program starts;\nthe period over which the program is to be carried out;\nthat a copy of the program is open to inspection at the public office of the local government until the end of the program;\nthat a copy of the program may be purchased at the public office of the local government until the end of the program;\nthe price of a copy of the program.\nThe price of a copy of the program must be no more than the cost to the local government of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost.\n(sec.114-ssec.1) At least 14 days, but not more than 28 days, before an approved inspection program starts, the approving local government must give notice of the program.\n(sec.114-ssec.2) The notice must be published— in a newspaper circulating generally in the local government’s area; and on the local government’s website.\n(sec.114-ssec.3) The notice must state the following— the name of the local government; in general terms, the purpose and scope of the program; when the program starts; the period over which the program is to be carried out; that a copy of the program is open to inspection at the public office of the local government until the end of the program; that a copy of the program may be purchased at the public office of the local government until the end of the program; the price of a copy of the program.\n(sec.114-ssec.4) The price of a copy of the program must be no more than the cost to the local government of having the copy available for purchase and, if the copy is posted to the purchaser, the postage cost.\n- (a) in a newspaper circulating generally in the local government’s area; and\n- (b) on the local government’s website.\n- (a) the name of the local government;\n- (b) in general terms, the purpose and scope of the program;\n- (c) when the program starts;\n- (d) the period over which the program is to be carried out;\n- (e) that a copy of the program is open to inspection at the public office of the local government until the end of the program;\n- (f) that a copy of the program may be purchased at the public office of the local government until the end of the program;\n- (g) the price of a copy of the program.","sortOrder":207},{"sectionNumber":"sec.115","sectionType":"section","heading":"Access to program","content":"### sec.115 Access to program\n\nFrom the publication by an approving local government of a notice about an approved inspection program until the end of the program—\na copy of the program must be open to inspection at the public office of the local government; and\ncopies of the program must be available for purchase at the public office of the local government at the price stated in the notice.\n- (a) a copy of the program must be open to inspection at the public office of the local government; and\n- (b) copies of the program must be available for purchase at the public office of the local government at the price stated in the notice.","sortOrder":208},{"sectionNumber":"ch.5-pt.2-div.2","sectionType":"division","heading":"Entry procedures","content":"## Entry procedures","sortOrder":209},{"sectionNumber":"sec.116","sectionType":"section","heading":"Entry with consent","content":"### sec.116 Entry with consent\n\nThis section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 111 (1) (a) .\nBefore asking for the consent, the authorised person must tell the occupier—\nthe purpose of the entry; and\nthat the occupier is not required to consent.\nIf the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\nThe acknowledgement must state—\nthe occupier has been told—\nthe purpose of the entry; and\nthat the occupier is not required to consent; and\nthe purpose of the entry; and\nthe occupier gives the authorised person consent to enter the place and exercise powers under this part; and\nthe time and date the consent was given.\nIf the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\nIf—\nan issue arises in a proceeding about whether the occupier consented to the entry; and\nan acknowledgement complying with subsection (4) for the entry is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\nIf the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.\nHowever, the right to stay on the property—\nis subject to any conditions that the occupier imposes including, for example, about the times when the property may be entered; and\nmay be cancelled by the occupier at any time.\n(sec.116-ssec.1) This section applies if an authorised person intends to ask an occupier of a place to consent to the authorised person or another authorised person entering the place under section 111 (1) (a) .\n(sec.116-ssec.2) Before asking for the consent, the authorised person must tell the occupier— the purpose of the entry; and that the occupier is not required to consent.\n(sec.116-ssec.3) If the consent is given, the authorised person may ask the occupier to sign an acknowledgement of the consent.\n(sec.116-ssec.4) The acknowledgement must state— the occupier has been told— the purpose of the entry; and that the occupier is not required to consent; and the purpose of the entry; and the occupier gives the authorised person consent to enter the place and exercise powers under this part; and the time and date the consent was given.\n(sec.116-ssec.5) If the occupier signs the acknowledgement, the authorised person must immediately give a copy to the occupier.\n(sec.116-ssec.6) If— an issue arises in a proceeding about whether the occupier consented to the entry; and an acknowledgement complying with subsection (4) for the entry is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.\n(sec.116-ssec.7) If the occupier gives permission, the authorised person may stay on the property and exercise the powers that the occupier has agreed to be exercised on the property.\n(sec.116-ssec.8) However, the right to stay on the property— is subject to any conditions that the occupier imposes including, for example, about the times when the property may be entered; and may be cancelled by the occupier at any time.\n- (a) the purpose of the entry; and\n- (b) that the occupier is not required to consent.\n- (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (b) the purpose of the entry; and\n- (c) the occupier gives the authorised person consent to enter the place and exercise powers under this part; and\n- (d) the time and date the consent was given.\n- (i) the purpose of the entry; and\n- (ii) that the occupier is not required to consent; and\n- (a) an issue arises in a proceeding about whether the occupier consented to the entry; and\n- (b) an acknowledgement complying with subsection (4) for the entry is not produced in evidence;\n- (a) is subject to any conditions that the occupier imposes including, for example, about the times when the property may be entered; and\n- (b) may be cancelled by the occupier at any time.","sortOrder":210},{"sectionNumber":"sec.117","sectionType":"section","heading":"Application for warrant","content":"### sec.117 Application for warrant\n\nAn authorised person may apply to a magistrate for a warrant for a place.\nThe authorised person must prepare a written application that states the grounds on which the warrant is sought.\nThe written application must be sworn.\nThe magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.\nThe magistrate may require additional information supporting the written application to be given by statutory declaration.\n(sec.117-ssec.1) An authorised person may apply to a magistrate for a warrant for a place.\n(sec.117-ssec.2) The authorised person must prepare a written application that states the grounds on which the warrant is sought.\n(sec.117-ssec.3) The written application must be sworn.\n(sec.117-ssec.4) The magistrate may refuse to consider the application until the authorised person gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. The magistrate may require additional information supporting the written application to be given by statutory declaration.","sortOrder":211},{"sectionNumber":"sec.118","sectionType":"section","heading":"Issue of warrant","content":"### sec.118 Issue of warrant\n\nThe magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting—\nthere is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\nthe evidence is at the place or, within the next 7 days, will be at the place.\nThe warrant must state—\nthe place to which the warrant applies; and\nthat a stated authorised person may, with necessary and reasonable help and force—\nenter the place and any other place necessary for entry to the place; and\nexercise the authorised person’s powers under this part; and\nparticulars of the offence that the magistrate considers appropriate in the circumstances; and\nthe name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\nthe evidence that may be seized under the warrant; and\nthe hours of the day or night when the place may be entered; and\nthe magistrate’s name; and\nthe date and time of the warrant’s issue; and\nthe date, within 14 days after the warrant’s issue, the warrant ends.\n(sec.118-ssec.1) The magistrate may issue the warrant for the place only if the magistrate is satisfied there are reasonable grounds for suspecting— there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and the evidence is at the place or, within the next 7 days, will be at the place.\n(sec.118-ssec.2) The warrant must state— the place to which the warrant applies; and that a stated authorised person may, with necessary and reasonable help and force— enter the place and any other place necessary for entry to the place; and exercise the authorised person’s powers under this part; and particulars of the offence that the magistrate considers appropriate in the circumstances; and the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and the evidence that may be seized under the warrant; and the hours of the day or night when the place may be entered; and the magistrate’s name; and the date and time of the warrant’s issue; and the date, within 14 days after the warrant’s issue, the warrant ends.\n- (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and\n- (b) the evidence is at the place or, within the next 7 days, will be at the place.\n- (a) the place to which the warrant applies; and\n- (b) that a stated authorised person may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise the authorised person’s powers under this part; and\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers under this part; and\n- (c) particulars of the offence that the magistrate considers appropriate in the circumstances; and\n- (d) the name of the person suspected of having committed the offence, unless the name is unknown or the magistrate considers it inappropriate to state the name; and\n- (e) the evidence that may be seized under the warrant; and\n- (f) the hours of the day or night when the place may be entered; and\n- (g) the magistrate’s name; and\n- (h) the date and time of the warrant’s issue; and\n- (i) the date, within 14 days after the warrant’s issue, the warrant ends.\n- (i) enter the place and any other place necessary for entry to the place; and\n- (ii) exercise the authorised person’s powers under this part; and","sortOrder":212},{"sectionNumber":"sec.119","sectionType":"section","heading":"Application by electronic communication and duplicate warrant","content":"### sec.119 Application by electronic communication and duplicate warrant\n\nAn application under section 117 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of—\nurgent circumstances; or\nother special circumstances, including, for example, the authorised person’s remote location.\nThe application—\nmay not be made before the authorised person prepares the written application under section 117 (2) ; but\nmay be made before the written application is sworn.\nThe magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied—\nit was necessary to make the application under subsection (1) ; and\nthe way the application was made under subsection (1) was appropriate.\nAfter the magistrate issues the original warrant—\nif there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\notherwise—\nthe magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\nthe authorised person must complete a form of warrant, including by writing on it—\nthe magistrate’s name; and\nthe date and time the magistrate issued the warrant; and\nthe other terms of the warrant.\nThe copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\nThe authorised person must, at the first reasonable opportunity, send to the magistrate—\nthe written application complying with section 117 (2) and (3) ; and\nif the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\nThe magistrate must keep the original warrant and, on receiving the documents under subsection (6) —\nattach the documents to the original warrant; and\ngive the original warrant and documents to the clerk of the court of the relevant magistrates court.\nDespite subsection (5) , if—\nan issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\nthe original warrant is not produced in evidence;\nthe onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\nThis section does not limit section 117 .\nIn this section—\nrelevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n(sec.119-ssec.1) An application under section 117 may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised person reasonably considers it necessary because of— urgent circumstances; or other special circumstances, including, for example, the authorised person’s remote location.\n(sec.119-ssec.2) The application— may not be made before the authorised person prepares the written application under section 117 (2) ; but may be made before the written application is sworn.\n(sec.119-ssec.3) The magistrate may issue the warrant (the original warrant ) only if the magistrate is satisfied— it was necessary to make the application under subsection (1) ; and the way the application was made under subsection (1) was appropriate.\n(sec.119-ssec.4) After the magistrate issues the original warrant— if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or otherwise— the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and the authorised person must complete a form of warrant, including by writing on it— the magistrate’s name; and the date and time the magistrate issued the warrant; and the other terms of the warrant.\n(sec.119-ssec.5) The copy of the warrant mentioned in subsection (4) (a) , or the form of warrant completed under subsection (4) (b) (in either case the duplicate warrant ), is a duplicate of, and as effectual as, the original warrant.\n(sec.119-ssec.6) The authorised person must, at the first reasonable opportunity, send to the magistrate— the written application complying with section 117 (2) and (3) ; and if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n(sec.119-ssec.7) The magistrate must keep the original warrant and, on receiving the documents under subsection (6) — attach the documents to the original warrant; and give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n(sec.119-ssec.8) Despite subsection (5) , if— an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and the original warrant is not produced in evidence; the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.\n(sec.119-ssec.9) This section does not limit section 117 .\n(sec.119-ssec.10) In this section— relevant magistrates court , in relation to a magistrate, means the Magistrates Court that the magistrate constitutes under the Magistrates Act 1991 .\n- (a) urgent circumstances; or\n- (b) other special circumstances, including, for example, the authorised person’s remote location.\n- (a) may not be made before the authorised person prepares the written application under section 117 (2) ; but\n- (b) may be made before the written application is sworn.\n- (a) it was necessary to make the application under subsection (1) ; and\n- (b) the way the application was made under subsection (1) was appropriate.\n- (a) if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised person, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised person; or\n- (b) otherwise— (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (i) the magistrate must tell the authorised person the date and time the warrant is issued and the other terms of the warrant; and\n- (ii) the authorised person must complete a form of warrant, including by writing on it— (A) the magistrate’s name; and (B) the date and time the magistrate issued the warrant; and (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (A) the magistrate’s name; and\n- (B) the date and time the magistrate issued the warrant; and\n- (C) the other terms of the warrant.\n- (a) the written application complying with section 117 (2) and (3) ; and\n- (b) if the authorised person completed a form of warrant under subsection (4) (b) —the completed form of warrant.\n- (a) attach the documents to the original warrant; and\n- (b) give the original warrant and documents to the clerk of the court of the relevant magistrates court.\n- (a) an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and\n- (b) the original warrant is not produced in evidence;","sortOrder":213},{"sectionNumber":"sec.120","sectionType":"section","heading":"Defect in relation to a warrant","content":"### sec.120 Defect in relation to a warrant\n\nA warrant is not invalidated by a defect in the warrant, or in compliance with section 117 , 118 or 119 , unless the defect affects the substance of the warrant in a material particular.","sortOrder":214},{"sectionNumber":"sec.121","sectionType":"section","heading":"Warrants—procedure before entry","content":"### sec.121 Warrants—procedure before entry\n\nThis section applies if an authorised person named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\nidentify themself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment;\ngive the person a copy of the warrant;\ntell the person the authorised person is permitted by the warrant to enter the place;\ngive the person an opportunity to allow the authorised person immediate entry to the place without using force.\nHowever, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that entry to the place is required to ensure the execution of the warrant is not frustrated.\ns 121 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.121-ssec.1) This section applies if an authorised person named in a warrant issued under this subdivision for a place is intending to enter the place under the warrant.\n(sec.121-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— identify themself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment; give the person a copy of the warrant; tell the person the authorised person is permitted by the warrant to enter the place; give the person an opportunity to allow the authorised person immediate entry to the place without using force.\n(sec.121-ssec.3) However, the authorised person need not comply with subsection (2) if the authorised person believes on reasonable grounds that entry to the place is required to ensure the execution of the warrant is not frustrated.\n- (a) identify themself to a person present at the place who is an occupier of the place by producing a copy of the authorised person’s identity card or other document evidencing the authorised person’s appointment;\n- (b) give the person a copy of the warrant;\n- (c) tell the person the authorised person is permitted by the warrant to enter the place;\n- (d) give the person an opportunity to allow the authorised person immediate entry to the place without using force.","sortOrder":215},{"sectionNumber":"sec.122","sectionType":"section","heading":"Procedure for other entries","content":"### sec.122 Procedure for other entries\n\nThis section applies if—\nan authorised person is intending to enter a place under section 111 (1) , other than paragraph (a) or (c) , or 112; and\nthe occupier of the place is present at the place.\nBefore entering the place, the authorised person must do or make a reasonable attempt to do the following things—\ncomply with section 107 for the occupier;\ntell the occupier the purpose of the entry;\ntell the occupier the authorised person is permitted under this Act to enter the place without the occupier’s consent.\n(sec.122-ssec.1) This section applies if— an authorised person is intending to enter a place under section 111 (1) , other than paragraph (a) or (c) , or 112; and the occupier of the place is present at the place.\n(sec.122-ssec.2) Before entering the place, the authorised person must do or make a reasonable attempt to do the following things— comply with section 107 for the occupier; tell the occupier the purpose of the entry; tell the occupier the authorised person is permitted under this Act to enter the place without the occupier’s consent.\n- (a) an authorised person is intending to enter a place under section 111 (1) , other than paragraph (a) or (c) , or 112; and\n- (b) the occupier of the place is present at the place.\n- (a) comply with section 107 for the occupier;\n- (b) tell the occupier the purpose of the entry;\n- (c) tell the occupier the authorised person is permitted under this Act to enter the place without the occupier’s consent.","sortOrder":216},{"sectionNumber":"ch.5-pt.3","sectionType":"part","heading":"Powers on entry","content":"# Powers on entry","sortOrder":217},{"sectionNumber":"sec.123","sectionType":"section","heading":"General powers after entering places","content":"### sec.123 General powers after entering places\n\nAn authorised person who has, under part 2 , entered a place may—\nsearch any part of the place the authorised person is authorised, under section 111 (1) (a) or (c) , to search; or\ninspect, test, photograph or film anything in or on the place; or\ncopy a document in or on the place; or\ntake samples of or from anything in or on the place; or\ntake into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or\nrequire the occupier of the place, or a person in or on the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .\nThis section does not apply to an authorised person who enters a place under section 111 (4) to get the occupier’s agreement unless the agreement is given or the entry is otherwise authorised.\n(sec.123-ssec.1) An authorised person who has, under part 2 , entered a place may— search any part of the place the authorised person is authorised, under section 111 (1) (a) or (c) , to search; or inspect, test, photograph or film anything in or on the place; or copy a document in or on the place; or take samples of or from anything in or on the place; or take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or require the occupier of the place, or a person in or on the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .\n(sec.123-ssec.2) This section does not apply to an authorised person who enters a place under section 111 (4) to get the occupier’s agreement unless the agreement is given or the entry is otherwise authorised.\n- (a) search any part of the place the authorised person is authorised, under section 111 (1) (a) or (c) , to search; or\n- (b) inspect, test, photograph or film anything in or on the place; or\n- (c) copy a document in or on the place; or\n- (d) take samples of or from anything in or on the place; or\n- (e) take into or onto the place any persons, equipment and materials the authorised person reasonably requires for exercising a power under this part; or\n- (f) require the occupier of the place, or a person in or on the place, to give the authorised person reasonable help to exercise the authorised person’s powers under paragraphs (a) to (e) .","sortOrder":218},{"sectionNumber":"sec.124","sectionType":"section","heading":"Power to require reasonable help","content":"### sec.124 Power to require reasonable help\n\nA person required to give reasonable help under section 123 (1) (f) must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—8 penalty units.\nIt is a reasonable excuse for a person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\nHowever, subsection (2) does not apply if the requirement is to produce a document required to be kept by the person under this Act.\n(sec.124-ssec.1) A person required to give reasonable help under section 123 (1) (f) must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—8 penalty units.\n(sec.124-ssec.2) It is a reasonable excuse for a person not to comply with the requirement if complying with the requirement might tend to incriminate the person.\n(sec.124-ssec.3) However, subsection (2) does not apply if the requirement is to produce a document required to be kept by the person under this Act.","sortOrder":219},{"sectionNumber":"sec.125","sectionType":"section","heading":"Seizure powers for dogs","content":"### sec.125 Seizure powers for dogs\n\nIf an authorised person has, under part 2 , entered a place and the person reasonably suspects a dog mentioned in the part is at the place, the person may seize the dog if—\nthe person reasonably believes the dog—\nhas attacked, threatened to attack or acted in a way that causes fear to, a person or another animal; or\nis, or may be, a risk to community health or safety; or\nthe person reasonably believes the dog is a prohibited dog; or\nif the dog is a regulated dog—a compliance notice has been given in relation to the dog and the person reasonably believes the notice has not been complied with.\nAlso, if the place is a public place, the person may seize the dog if no person is exercising effective control of the dog.\ns 125 amd 2024 No. 17 s 24 ; 2024 No. 17 s 64\n(sec.125-ssec.1) If an authorised person has, under part 2 , entered a place and the person reasonably suspects a dog mentioned in the part is at the place, the person may seize the dog if— the person reasonably believes the dog— has attacked, threatened to attack or acted in a way that causes fear to, a person or another animal; or is, or may be, a risk to community health or safety; or the person reasonably believes the dog is a prohibited dog; or if the dog is a regulated dog—a compliance notice has been given in relation to the dog and the person reasonably believes the notice has not been complied with.\n(sec.125-ssec.2) Also, if the place is a public place, the person may seize the dog if no person is exercising effective control of the dog.\n- (a) the person reasonably believes the dog— (i) has attacked, threatened to attack or acted in a way that causes fear to, a person or another animal; or (ii) is, or may be, a risk to community health or safety; or\n- (i) has attacked, threatened to attack or acted in a way that causes fear to, a person or another animal; or\n- (ii) is, or may be, a risk to community health or safety; or\n- (b) the person reasonably believes the dog is a prohibited dog; or\n- (c) if the dog is a regulated dog—a compliance notice has been given in relation to the dog and the person reasonably believes the notice has not been complied with.\n- (i) has attacked, threatened to attack or acted in a way that causes fear to, a person or another animal; or\n- (ii) is, or may be, a risk to community health or safety; or","sortOrder":220},{"sectionNumber":"ch.5-pt.4","sectionType":"part","heading":"Seized dogs","content":"# Seized dogs","sortOrder":221},{"sectionNumber":"sec.126","sectionType":"section","heading":"Application of pt 4","content":"### sec.126 Application of pt 4\n\nThis part applies if an authorised person has, under section 125 or a warrant, seized a dog.","sortOrder":222},{"sectionNumber":"sec.126A","sectionType":"section","heading":"What is a destruction order","content":"### sec.126A What is a destruction order\n\nA destruction order , in relation to a dog, is an order made by an authorised person stating that the authorised person proposes to destroy the dog not earlier than 14 days after the notice is served under this part.\ns 126A ins 2024 No. 17 s 65","sortOrder":223},{"sectionNumber":"sec.127","sectionType":"section","heading":"Destruction of regulated dog or prohibited dog in particular circumstances","content":"### sec.127 Destruction of regulated dog or prohibited dog in particular circumstances\n\nThis section applies if the dog is a regulated dog or a prohibited dog.\nThe authorised person may, without notice given to an owner of or responsible person for the dog, immediately destroy the dog if—\nthe authorised person reasonably believes the dog is dangerous and the authorised person can not control the dog; or\nan owner of the dog has asked the authorised person to destroy the dog.\nAlso, the authorised person may destroy the dog not earlier than 3 days after seizing the dog if—\nthe dog—\nhas no registered owner, or apparently has no registered owner; and\nis not the subject of a regulated dog declaration made by the relevant local government; and\nneither the authorised person nor the relevant local government knows who is an owner of, or a responsible person for, the dog.\ns 127 amd 2009 No. 24 s 1258\nsub 2024 No. 17 s 66\n(sec.127-ssec.1) This section applies if the dog is a regulated dog or a prohibited dog.\n(sec.127-ssec.2) The authorised person may, without notice given to an owner of or responsible person for the dog, immediately destroy the dog if— the authorised person reasonably believes the dog is dangerous and the authorised person can not control the dog; or an owner of the dog has asked the authorised person to destroy the dog.\n(sec.127-ssec.3) Also, the authorised person may destroy the dog not earlier than 3 days after seizing the dog if— the dog— has no registered owner, or apparently has no registered owner; and is not the subject of a regulated dog declaration made by the relevant local government; and neither the authorised person nor the relevant local government knows who is an owner of, or a responsible person for, the dog.\n- (a) the authorised person reasonably believes the dog is dangerous and the authorised person can not control the dog; or\n- (b) an owner of the dog has asked the authorised person to destroy the dog.\n- (a) the dog— (i) has no registered owner, or apparently has no registered owner; and (ii) is not the subject of a regulated dog declaration made by the relevant local government; and\n- (i) has no registered owner, or apparently has no registered owner; and\n- (ii) is not the subject of a regulated dog declaration made by the relevant local government; and\n- (b) neither the authorised person nor the relevant local government knows who is an owner of, or a responsible person for, the dog.\n- (i) has no registered owner, or apparently has no registered owner; and\n- (ii) is not the subject of a regulated dog declaration made by the relevant local government; and","sortOrder":224},{"sectionNumber":"sec.127AA","sectionType":"section","heading":"Destruction of regulated dog or prohibited dog under destruction order","content":"### sec.127AA Destruction of regulated dog or prohibited dog under destruction order\n\nThis section applies if—\nthe dog is a regulated dog or a prohibited dog; and\nsection 127 does not authorise the destruction of the dog.\nIf the dog has seriously attacked a person or an animal, the authorised person must make a destruction order in relation to the dog.\nIf the dog has not seriously attacked a person or an animal, the authorised person may make a destruction order in relation to the dog.\nThe destruction order must—\nbe served on—\nthe registered owner of the dog; or\nif there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and\ninclude or be accompanied by an information notice about the decision to make the destruction order.\nIf a destruction order is made in relation to the dog, the authorised person may destroy the dog, not earlier than 14 days after the order is served under subsection (4) if an application has not been made under chapter 8 , part 1 for an internal review of the decision to make the destruction order (the destruction order decision ).\nIf an application for internal review has been made under chapter 8 , part 1 for an internal review of the destruction order decision, the authorised person may destroy the dog if—\nthe application has been decided and both of the following apply—\nthe decision on the application confirms the destruction order decision;\nan application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act ; or\nthe application has been withdrawn or has otherwise ended.\nIf an application has been made for an external review of the destruction order decision, the authorised person may destroy the dog if—\nthe application has been decided and both of the following apply—\nthe decision on the application (the external review decision ) confirms the destruction order decision;\nan appeal against the external review decision has not been started within the period allowed under the QCAT Act ; or\nthe application has been withdrawn or has otherwise ended.\nIf an appeal against the external review decision has been started, the authorised person may destroy the dog if—\nthe appeal has been decided and the effect of the decision is to confirm the external review decision; or\nthe appeal has been withdrawn or has otherwise ended.\nIn this section—\nanimal has the meaning given by section 191 .\nseriously attack means—\nin relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or\nin relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.\ns 127AA ins 2024 No. 17 s 66\n(sec.127AA-ssec.1) This section applies if— the dog is a regulated dog or a prohibited dog; and section 127 does not authorise the destruction of the dog.\n(sec.127AA-ssec.2) If the dog has seriously attacked a person or an animal, the authorised person must make a destruction order in relation to the dog.\n(sec.127AA-ssec.3) If the dog has not seriously attacked a person or an animal, the authorised person may make a destruction order in relation to the dog.\n(sec.127AA-ssec.4) The destruction order must— be served on— the registered owner of the dog; or if there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and include or be accompanied by an information notice about the decision to make the destruction order.\n(sec.127AA-ssec.5) If a destruction order is made in relation to the dog, the authorised person may destroy the dog, not earlier than 14 days after the order is served under subsection (4) if an application has not been made under chapter 8 , part 1 for an internal review of the decision to make the destruction order (the destruction order decision ).\n(sec.127AA-ssec.6) If an application for internal review has been made under chapter 8 , part 1 for an internal review of the destruction order decision, the authorised person may destroy the dog if— the application has been decided and both of the following apply— the decision on the application confirms the destruction order decision; an application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act ; or the application has been withdrawn or has otherwise ended.\n(sec.127AA-ssec.7) If an application has been made for an external review of the destruction order decision, the authorised person may destroy the dog if— the application has been decided and both of the following apply— the decision on the application (the external review decision ) confirms the destruction order decision; an appeal against the external review decision has not been started within the period allowed under the QCAT Act ; or the application has been withdrawn or has otherwise ended.\n(sec.127AA-ssec.8) If an appeal against the external review decision has been started, the authorised person may destroy the dog if— the appeal has been decided and the effect of the decision is to confirm the external review decision; or the appeal has been withdrawn or has otherwise ended.\n(sec.127AA-ssec.9) In this section— animal has the meaning given by section 191 . seriously attack means— in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.\n- (a) the dog is a regulated dog or a prohibited dog; and\n- (b) section 127 does not authorise the destruction of the dog.\n- (a) be served on— (i) the registered owner of the dog; or (ii) if there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and\n- (i) the registered owner of the dog; or\n- (ii) if there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and\n- (b) include or be accompanied by an information notice about the decision to make the destruction order.\n- (i) the registered owner of the dog; or\n- (ii) if there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and\n- (a) the application has been decided and both of the following apply— (i) the decision on the application confirms the destruction order decision; (ii) an application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act ; or\n- (i) the decision on the application confirms the destruction order decision;\n- (ii) an application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act ; or\n- (b) the application has been withdrawn or has otherwise ended.\n- (i) the decision on the application confirms the destruction order decision;\n- (ii) an application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act ; or\n- (a) the application has been decided and both of the following apply— (i) the decision on the application (the external review decision ) confirms the destruction order decision; (ii) an appeal against the external review decision has not been started within the period allowed under the QCAT Act ; or\n- (i) the decision on the application (the external review decision ) confirms the destruction order decision;\n- (ii) an appeal against the external review decision has not been started within the period allowed under the QCAT Act ; or\n- (b) the application has been withdrawn or has otherwise ended.\n- (i) the decision on the application (the external review decision ) confirms the destruction order decision;\n- (ii) an appeal against the external review decision has not been started within the period allowed under the QCAT Act ; or\n- (a) the appeal has been decided and the effect of the decision is to confirm the external review decision; or\n- (b) the appeal has been withdrawn or has otherwise ended.\n- (a) in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or\n- (b) in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.","sortOrder":225},{"sectionNumber":"sec.127A","sectionType":"section","heading":"Concurrent regulated dog declaration and destruction order","content":"### sec.127A Concurrent regulated dog declaration and destruction order\n\nThis section applies if a local government—\nhas made a regulated dog declaration under section 94 for the dog; but\nhas not given the owner of the dog an information notice under section 95 about the decision to make the declaration.\nEven though the regulated dog declaration has not taken effect under section 95 (3) , an authorised officer may make a destruction order for the dog.\nAs soon as practicable after deciding to make the destruction order for the dog, the authorised person must serve the destruction order on—\nthe registered owner of the dog; or\nif there is no registered owner of the dog—a person who is an owner of, or a responsible person for, the dog.\nThe destruction order must include or be accompanied by a single information notice about—\nthe decision to make the regulated dog declaration under section 94 (2) ; and\nthe decision to make the destruction order.\nSection 127AA (5) to (8) applies to the destruction order.\ns 127A ins 2013 No. 41 s 51\namd 2024 No. 17 s 67\n(sec.127A-ssec.1) This section applies if a local government— has made a regulated dog declaration under section 94 for the dog; but has not given the owner of the dog an information notice under section 95 about the decision to make the declaration.\n(sec.127A-ssec.2) Even though the regulated dog declaration has not taken effect under section 95 (3) , an authorised officer may make a destruction order for the dog.\n(sec.127A-ssec.3) As soon as practicable after deciding to make the destruction order for the dog, the authorised person must serve the destruction order on— the registered owner of the dog; or if there is no registered owner of the dog—a person who is an owner of, or a responsible person for, the dog.\n(sec.127A-ssec.4) The destruction order must include or be accompanied by a single information notice about— the decision to make the regulated dog declaration under section 94 (2) ; and the decision to make the destruction order.\n(sec.127A-ssec.5) Section 127AA (5) to (8) applies to the destruction order.\n- (a) has made a regulated dog declaration under section 94 for the dog; but\n- (b) has not given the owner of the dog an information notice under section 95 about the decision to make the declaration.\n- (a) the registered owner of the dog; or\n- (b) if there is no registered owner of the dog—a person who is an owner of, or a responsible person for, the dog.\n- (a) the decision to make the regulated dog declaration under section 94 (2) ; and\n- (b) the decision to make the destruction order.","sortOrder":226},{"sectionNumber":"sec.128","sectionType":"section","heading":"Receipt for dog in particular circumstances","content":"### sec.128 Receipt for dog in particular circumstances\n\nThis section applies if the dog—\nhas, or appears to have, a registered owner; or\nwas seized from a person who had immediate control or custody of it.\nThe authorised person must, as soon as practicable after the seizure, give the registered owner or person a written receipt for the dog—\ngenerally describing the dog and its condition; and\nstating the dog has been seized.\nIf the registered owner is not present at the place at which the dog was seized and—\nthe place is not a public place—the receipt may be given by leaving it at the place in a conspicuous position and in a reasonably secure way; or\nthe place is a public place—the receipt may be given by leaving it at the address stated on the registration notice for the dog.\n(sec.128-ssec.1) This section applies if the dog— has, or appears to have, a registered owner; or was seized from a person who had immediate control or custody of it.\n(sec.128-ssec.2) The authorised person must, as soon as practicable after the seizure, give the registered owner or person a written receipt for the dog— generally describing the dog and its condition; and stating the dog has been seized.\n(sec.128-ssec.3) If the registered owner is not present at the place at which the dog was seized and— the place is not a public place—the receipt may be given by leaving it at the place in a conspicuous position and in a reasonably secure way; or the place is a public place—the receipt may be given by leaving it at the address stated on the registration notice for the dog.\n- (a) has, or appears to have, a registered owner; or\n- (b) was seized from a person who had immediate control or custody of it.\n- (a) generally describing the dog and its condition; and\n- (b) stating the dog has been seized.\n- (a) the place is not a public place—the receipt may be given by leaving it at the place in a conspicuous position and in a reasonably secure way; or\n- (b) the place is a public place—the receipt may be given by leaving it at the address stated on the registration notice for the dog.","sortOrder":227},{"sectionNumber":"sec.129","sectionType":"section","heading":"Access to seized dog","content":"### sec.129 Access to seized dog\n\nThis section applies until the dog is returned under section 130 or 131 .\nThe authorised person must allow the owner of the dog to inspect it any reasonable time, from time to time.\nSubsection (2) does not apply if it is impracticable or would be unreasonable to allow the inspection.\nThe inspection must be provided free of charge.\n(sec.129-ssec.1) This section applies until the dog is returned under section 130 or 131 .\n(sec.129-ssec.2) The authorised person must allow the owner of the dog to inspect it any reasonable time, from time to time.\n(sec.129-ssec.3) Subsection (2) does not apply if it is impracticable or would be unreasonable to allow the inspection.\n(sec.129-ssec.4) The inspection must be provided free of charge.","sortOrder":228},{"sectionNumber":"sec.130","sectionType":"section","heading":"Return of particular dog","content":"### sec.130 Return of particular dog\n\nThis section applies if—\nwhen the dog was seized the authorised person—\nreasonably suspected the dog was a regulated dog; or\nreasonably suspected the dog was a prohibited dog; or\nconsidered a proposed declaration notice should be given for the dog; and\nthe person becomes satisfied the dog is not a dog mentioned in paragraph (a) .\nAs soon as practicable after becoming so satisfied, the person must return the dog to any owner or other person entitled to possession of it.\ns 130 amd 2009 No. 17 s 309 ; 2024 No. 17 s 68\n(sec.130-ssec.1) This section applies if— when the dog was seized the authorised person— reasonably suspected the dog was a regulated dog; or reasonably suspected the dog was a prohibited dog; or considered a proposed declaration notice should be given for the dog; and the person becomes satisfied the dog is not a dog mentioned in paragraph (a) .\n(sec.130-ssec.2) As soon as practicable after becoming so satisfied, the person must return the dog to any owner or other person entitled to possession of it.\n- (a) when the dog was seized the authorised person— (i) reasonably suspected the dog was a regulated dog; or (ii) reasonably suspected the dog was a prohibited dog; or (iii) considered a proposed declaration notice should be given for the dog; and\n- (i) reasonably suspected the dog was a regulated dog; or\n- (ii) reasonably suspected the dog was a prohibited dog; or\n- (iii) considered a proposed declaration notice should be given for the dog; and\n- (b) the person becomes satisfied the dog is not a dog mentioned in paragraph (a) .\n- (i) reasonably suspected the dog was a regulated dog; or\n- (ii) reasonably suspected the dog was a prohibited dog; or\n- (iii) considered a proposed declaration notice should be given for the dog; and","sortOrder":229},{"sectionNumber":"sec.131","sectionType":"section","heading":"Return of particular dog to registered owner","content":"### sec.131 Return of particular dog to registered owner\n\nThis section applies if the dog has, or appears to have, a registered owner and the dog—\nis a regulated dog; or\nis a dog for which a proposed declaration notice has been given; or\nwas seized because an authorised person reasonably suspected the dog was a prohibited dog.\nThe authorised person must, within 14 days after the seizure, return the dog to the owner unless—\nthe owner has surrendered the dog to the relevant local government; or\na destruction order has been made in relation to the dog; or\ncontinued retention of the dog is needed as evidence for a proceeding or proposed proceeding for an offence involving the dog; or\nif the dog is a regulated dog—the authorised person is reasonably satisfied the owner of or a responsible person for the dog has not complied with a condition imposed under chapter 4 , part 5 in relation to the dog; or\nif the dog is a dog for which a proposed declaration notice has been given—a regulated dog declaration for the dog has not yet been made.\nThe authorised person must return the dog to the owner as soon as practicable if an event as follows happens—\nif a destruction order has been made for the dog—an application for internal review or external review of the order is made and, as a result of the review, the order is no longer in force;\nif subsection (2) (c) applies—the dog’s continued retention as evidence is no longer required;\nif subsection (2) (d) applies—all of the conditions imposed under chapter 4 , part 5 in relation to the dog are complied with for the dog;\nif subsection (2) (e) applies—the regulated dog declaration for the dog has been made.\ns 131 amd 2009 No. 17 s 310 ; 2009 No. 24 s 1259 ; 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 69\n(sec.131-ssec.1) This section applies if the dog has, or appears to have, a registered owner and the dog— is a regulated dog; or is a dog for which a proposed declaration notice has been given; or was seized because an authorised person reasonably suspected the dog was a prohibited dog.\n(sec.131-ssec.2) The authorised person must, within 14 days after the seizure, return the dog to the owner unless— the owner has surrendered the dog to the relevant local government; or a destruction order has been made in relation to the dog; or continued retention of the dog is needed as evidence for a proceeding or proposed proceeding for an offence involving the dog; or if the dog is a regulated dog—the authorised person is reasonably satisfied the owner of or a responsible person for the dog has not complied with a condition imposed under chapter 4 , part 5 in relation to the dog; or if the dog is a dog for which a proposed declaration notice has been given—a regulated dog declaration for the dog has not yet been made.\n(sec.131-ssec.3) The authorised person must return the dog to the owner as soon as practicable if an event as follows happens— if a destruction order has been made for the dog—an application for internal review or external review of the order is made and, as a result of the review, the order is no longer in force; if subsection (2) (c) applies—the dog’s continued retention as evidence is no longer required; if subsection (2) (d) applies—all of the conditions imposed under chapter 4 , part 5 in relation to the dog are complied with for the dog; if subsection (2) (e) applies—the regulated dog declaration for the dog has been made.\n- (a) is a regulated dog; or\n- (b) is a dog for which a proposed declaration notice has been given; or\n- (c) was seized because an authorised person reasonably suspected the dog was a prohibited dog.\n- (a) the owner has surrendered the dog to the relevant local government; or\n- (b) a destruction order has been made in relation to the dog; or\n- (c) continued retention of the dog is needed as evidence for a proceeding or proposed proceeding for an offence involving the dog; or\n- (d) if the dog is a regulated dog—the authorised person is reasonably satisfied the owner of or a responsible person for the dog has not complied with a condition imposed under chapter 4 , part 5 in relation to the dog; or\n- (e) if the dog is a dog for which a proposed declaration notice has been given—a regulated dog declaration for the dog has not yet been made.\n- (a) if a destruction order has been made for the dog—an application for internal review or external review of the order is made and, as a result of the review, the order is no longer in force;\n- (b) if subsection (2) (c) applies—the dog’s continued retention as evidence is no longer required;\n- (c) if subsection (2) (d) applies—all of the conditions imposed under chapter 4 , part 5 in relation to the dog are complied with for the dog;\n- (d) if subsection (2) (e) applies—the regulated dog declaration for the dog has been made.","sortOrder":230},{"sectionNumber":"ch.5-pt.5","sectionType":"part","heading":"Compliance notices for regulated dog offences","content":"# Compliance notices for regulated dog offences","sortOrder":231},{"sectionNumber":"sec.132","sectionType":"section","heading":"Power to give compliance notice","content":"### sec.132 Power to give compliance notice\n\nThis section applies if an authorised person reasonably believes an owner of, or a responsible person for, a regulated dog has committed, is committing or is about to commit, an offence against chapter 4 .\nThe authorised person may give the owner or responsible person notice (a compliance notice ) requiring the owner or responsible person to—\nstop committing or not commit the offence; or\ntake stated action to remedy the matter.\nA compliance notice may also state—\nthat an authorised person proposes, at a stated time or at stated intervals, to enter premises of which the owner or responsible person is the occupier to check compliance with the notice; or\nhow the owner or responsible person may show the action has been taken.\n(sec.132-ssec.1) This section applies if an authorised person reasonably believes an owner of, or a responsible person for, a regulated dog has committed, is committing or is about to commit, an offence against chapter 4 .\n(sec.132-ssec.2) The authorised person may give the owner or responsible person notice (a compliance notice ) requiring the owner or responsible person to— stop committing or not commit the offence; or take stated action to remedy the matter.\n(sec.132-ssec.3) A compliance notice may also state— that an authorised person proposes, at a stated time or at stated intervals, to enter premises of which the owner or responsible person is the occupier to check compliance with the notice; or how the owner or responsible person may show the action has been taken.\n- (a) stop committing or not commit the offence; or\n- (b) take stated action to remedy the matter.\n- (a) that an authorised person proposes, at a stated time or at stated intervals, to enter premises of which the owner or responsible person is the occupier to check compliance with the notice; or\n- (b) how the owner or responsible person may show the action has been taken.","sortOrder":232},{"sectionNumber":"sec.133","sectionType":"section","heading":"Requirements for giving compliance notice","content":"### sec.133 Requirements for giving compliance notice\n\nA compliance notice must be written and state the following—\nthe name of the authorised person giving it;\nthe local government that appointed the person;\nthat the authorised person believes the owner or responsible person given the notice has committed, is committing or is about to commit, an offence against chapter 4 ;\nthe nature of the offence;\nthat the owner or responsible person must—\nstop committing or not commit the offence; or\ntake stated required action;\na reasonable period within which any required action must be taken.\nDespite subsection (1) , a compliance notice may be given orally if—\neither—\nthe authorised person giving the notice reasonably believes continued commission of the offence needs to be stopped, or the required action needs to be taken, urgently; or\nfor any reason it is not practicable to immediately give the notice in writing; and\nthe authorised person gives the owner or responsible person an offence warning.\nIf a compliance notice is given orally, the authorised person giving the notice must confirm the notice by also giving it in writing as soon as practicable after giving it orally.\nIn this section—\noffence warning , for a notice under subsection (2) , means a warning that, without a reasonable excuse, it is an offence for the person to whom the notice is given not to comply with it.\ns 133 amd 2024 No. 17 s 192 s ch 1 pt 1\n(sec.133-ssec.1) A compliance notice must be written and state the following— the name of the authorised person giving it; the local government that appointed the person; that the authorised person believes the owner or responsible person given the notice has committed, is committing or is about to commit, an offence against chapter 4 ; the nature of the offence; that the owner or responsible person must— stop committing or not commit the offence; or take stated required action; a reasonable period within which any required action must be taken.\n(sec.133-ssec.2) Despite subsection (1) , a compliance notice may be given orally if— either— the authorised person giving the notice reasonably believes continued commission of the offence needs to be stopped, or the required action needs to be taken, urgently; or for any reason it is not practicable to immediately give the notice in writing; and the authorised person gives the owner or responsible person an offence warning.\n(sec.133-ssec.3) If a compliance notice is given orally, the authorised person giving the notice must confirm the notice by also giving it in writing as soon as practicable after giving it orally.\n(sec.133-ssec.4) In this section— offence warning , for a notice under subsection (2) , means a warning that, without a reasonable excuse, it is an offence for the person to whom the notice is given not to comply with it.\n- (a) the name of the authorised person giving it;\n- (b) the local government that appointed the person;\n- (c) that the authorised person believes the owner or responsible person given the notice has committed, is committing or is about to commit, an offence against chapter 4 ;\n- (d) the nature of the offence;\n- (e) that the owner or responsible person must— (i) stop committing or not commit the offence; or (ii) take stated required action;\n- (i) stop committing or not commit the offence; or\n- (ii) take stated required action;\n- (f) a reasonable period within which any required action must be taken.\n- (i) stop committing or not commit the offence; or\n- (ii) take stated required action;\n- (a) either— (i) the authorised person giving the notice reasonably believes continued commission of the offence needs to be stopped, or the required action needs to be taken, urgently; or (ii) for any reason it is not practicable to immediately give the notice in writing; and\n- (i) the authorised person giving the notice reasonably believes continued commission of the offence needs to be stopped, or the required action needs to be taken, urgently; or\n- (ii) for any reason it is not practicable to immediately give the notice in writing; and\n- (b) the authorised person gives the owner or responsible person an offence warning.\n- (i) the authorised person giving the notice reasonably believes continued commission of the offence needs to be stopped, or the required action needs to be taken, urgently; or\n- (ii) for any reason it is not practicable to immediately give the notice in writing; and","sortOrder":233},{"sectionNumber":"sec.134","sectionType":"section","heading":"Failure to comply with compliance notice","content":"### sec.134 Failure to comply with compliance notice\n\nA person to whom a compliance notice has been given must comply with the notice unless the person has a reasonable excuse.\nMaximum penalty—150 penalty units.\nSee, however, the Acts Interpretation Act 1954 , section 45 .\nIt is a reasonable excuse if, when the notice was given, the person had not committed, was not committing or was not about to commit, the offence stated in the notice.\ns 134 amd 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 15\n(sec.134-ssec.1) A person to whom a compliance notice has been given must comply with the notice unless the person has a reasonable excuse. Maximum penalty—150 penalty units. See, however, the Acts Interpretation Act 1954 , section 45 .\n(sec.134-ssec.2) It is a reasonable excuse if, when the notice was given, the person had not committed, was not committing or was not about to commit, the offence stated in the notice.","sortOrder":234},{"sectionNumber":"ch.5-pt.6","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":235},{"sectionNumber":"sec.135","sectionType":"section","heading":"References in ch 5 to local government and authorised person","content":"### sec.135 References in ch 5 to local government and authorised person\n\nIn a provision of this chapter about a local government, a reference to an authorised person is a reference to an authorised person appointed by the local government.\nIn a provision of this chapter about an authorised person, a reference to a local government is a reference to the local government that appointed the authorised person.\n(sec.135-ssec.1) In a provision of this chapter about a local government, a reference to an authorised person is a reference to an authorised person appointed by the local government.\n(sec.135-ssec.2) In a provision of this chapter about an authorised person, a reference to a local government is a reference to the local government that appointed the authorised person.","sortOrder":236},{"sectionNumber":"sec.136","sectionType":"section","heading":"Impersonating authorised person","content":"### sec.136 Impersonating authorised person\n\nA person must not pretend to be an authorised person.\nMaximum penalty—50 penalty units.","sortOrder":237},{"sectionNumber":"sec.137","sectionType":"section","heading":"Obstruction of authorised person","content":"### sec.137 Obstruction of authorised person\n\nA person must not obstruct an authorised person in the exercise of a power unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIf a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that—\nit is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\nthe authorised person considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes assault, hinder, resist and attempt or threaten to obstruct.\n(sec.137-ssec.1) A person must not obstruct an authorised person in the exercise of a power unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.137-ssec.2) If a person has obstructed an authorised person and the authorised person decides to proceed with the exercise of the power, the authorised person must warn the person that— it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and the authorised person considers the person’s conduct an obstruction.\n(sec.137-ssec.3) In this section— obstruct includes assault, hinder, resist and attempt or threaten to obstruct.\n- (a) it is an offence to obstruct the authorised person unless the person has a reasonable excuse; and\n- (b) the authorised person considers the person’s conduct an obstruction.","sortOrder":238},{"sectionNumber":"sec.138","sectionType":"section","heading":"Authorised person may ask police officer for help in exercising particular powers","content":"### sec.138 Authorised person may ask police officer for help in exercising particular powers\n\nFor exercising a power under section 111 (1) (g) , 112 , 123 or 125 (each the relevant provision ), an authorised person is declared to be a public official for the Police Powers and Responsibilities Act 2000 .\nFor the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 .\nIf asked by an authorised person, a police officer may exercise the power under the relevant provision—\nwith the help that is reasonable in the circumstances; and\nusing the force that is reasonable in the circumstances; and\nas soon as reasonably practicable ensure reasonable help is given.\nFor giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3) .\nIn exercising a power under the relevant provision, the authorised person must, to the extent that it is reasonable and practicable in the circumstances, explain to the police officer—\nthe powers the authorised person has under the relevant provision; and\nthe reasons for exercising the powers.\nFailure to comply with subsection (4) does not affect the validity of the exercise of the power.\ns 138 amd 2024 No. 17 s 192 sch 1 pt 2\n(sec.138-ssec.1) For exercising a power under section 111 (1) (g) , 112 , 123 or 125 (each the relevant provision ), an authorised person is declared to be a public official for the Police Powers and Responsibilities Act 2000 . For the powers of a police officer while helping a public official, see the Police Powers and Responsibilities Act 2000 , section 16 .\n(sec.138-ssec.2) If asked by an authorised person, a police officer may exercise the power under the relevant provision— with the help that is reasonable in the circumstances; and using the force that is reasonable in the circumstances; and as soon as reasonably practicable ensure reasonable help is given.\n(sec.138-ssec.3) For giving the help, a police officer is taken to have responded to a request by a public official under the Police Powers and Responsibilities Act 2000 , section 16 (3) .\n(sec.138-ssec.4) In exercising a power under the relevant provision, the authorised person must, to the extent that it is reasonable and practicable in the circumstances, explain to the police officer— the powers the authorised person has under the relevant provision; and the reasons for exercising the powers.\n(sec.138-ssec.5) Failure to comply with subsection (4) does not affect the validity of the exercise of the power.\n- (a) with the help that is reasonable in the circumstances; and\n- (b) using the force that is reasonable in the circumstances; and\n- (c) as soon as reasonably practicable ensure reasonable help is given.\n- (a) the powers the authorised person has under the relevant provision; and\n- (b) the reasons for exercising the powers.","sortOrder":239},{"sectionNumber":"sec.139","sectionType":"section","heading":"Power to require name and address","content":"### sec.139 Power to require name and address\n\nAn authorised person may require a person to state the person’s name and residential or business address if the authorised person—\nfinds a person committing an offence against this Act; or\nfinds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or\nhas information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\nWhen making the requirement, the authorised person must give the person an offence warning.\nThe authorised person may also require the person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the person to—\nbe in possession of evidence of the correctness of the stated name or address; or\notherwise be able to give the evidence.\nA requirement under this section is called a personal details requirement .\nIn this section—\noffence warning , for a requirement under subsection (2) , means a warning that, without a reasonable excuse, it is an offence for the person to whom the requirement is made not to comply with it.\n(sec.139-ssec.1) An authorised person may require a person to state the person’s name and residential or business address if the authorised person— finds a person committing an offence against this Act; or finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\n(sec.139-ssec.2) When making the requirement, the authorised person must give the person an offence warning.\n(sec.139-ssec.3) The authorised person may also require the person to give evidence of the correctness of the stated name or required address if, in the circumstances, it would be reasonable to expect the person to— be in possession of evidence of the correctness of the stated name or address; or otherwise be able to give the evidence.\n(sec.139-ssec.4) A requirement under this section is called a personal details requirement .\n(sec.139-ssec.5) In this section— offence warning , for a requirement under subsection (2) , means a warning that, without a reasonable excuse, it is an offence for the person to whom the requirement is made not to comply with it.\n- (a) finds a person committing an offence against this Act; or\n- (b) finds a person in circumstances that lead the authorised person to reasonably suspect the person has just committed an offence against this Act; or\n- (c) has information that leads the authorised person to reasonably suspect a person has just committed an offence against this Act.\n- (a) be in possession of evidence of the correctness of the stated name or address; or\n- (b) otherwise be able to give the evidence.","sortOrder":240},{"sectionNumber":"sec.140","sectionType":"section","heading":"Failure to comply with personal details requirement","content":"### sec.140 Failure to comply with personal details requirement\n\nA person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse if—\nthe requirement was given because the authorised person giving it suspected the person has committed an offence against this Act; and\nthe person is not proved to have committed the offence.\n(sec.140-ssec.1) A person of whom a personal details requirement has been made must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.140-ssec.2) It is a reasonable excuse if— the requirement was given because the authorised person giving it suspected the person has committed an offence against this Act; and the person is not proved to have committed the offence.\n- (a) the requirement was given because the authorised person giving it suspected the person has committed an offence against this Act; and\n- (b) the person is not proved to have committed the offence.","sortOrder":241},{"sectionNumber":"sec.140A","sectionType":"section","heading":"Power to require information","content":"### sec.140A Power to require information\n\nThis section applies if an authorised person reasonably believes—\nan offence against this Act has been committed; and\na person may be able to give information about the offence.\nThe authorised person may, by notice given to the person, require the person to give the authorised person information related to the offence by a stated reasonable time.\nFor information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\nIn this section—\ninformation includes a document.\ns 140A ins 2016 No. 28 s 13\n(sec.140A-ssec.1) This section applies if an authorised person reasonably believes— an offence against this Act has been committed; and a person may be able to give information about the offence.\n(sec.140A-ssec.2) The authorised person may, by notice given to the person, require the person to give the authorised person information related to the offence by a stated reasonable time.\n(sec.140A-ssec.3) For information that is an electronic document, compliance with the requirement requires the giving of a clear image or written version of the electronic document.\n(sec.140A-ssec.4) In this section— information includes a document.\n- (a) an offence against this Act has been committed; and\n- (b) a person may be able to give information about the offence.","sortOrder":242},{"sectionNumber":"sec.140B","sectionType":"section","heading":"Offence to contravene information requirement","content":"### sec.140B Offence to contravene information requirement\n\nA person of whom a requirement is made under section 140A must comply with the requirement unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIt is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.\ns 140B ins 2016 No. 28 s 13\n(sec.140B-ssec.1) A person of whom a requirement is made under section 140A must comply with the requirement unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.140B-ssec.2) It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.","sortOrder":243},{"sectionNumber":"sec.141","sectionType":"section","heading":"Authorised person to give notice of damage","content":"### sec.141 Authorised person to give notice of damage\n\nThis section applies if—\nan authorised person damages anything in the exercise of a power under chapter 4 or this chapter; or\na person who is authorised by an authorised person to take action under chapter 4 or this chapter damages anything in taking the action.\nThe authorised person must, as soon as practicable, give notice of the particulars of the damage to the person who appears to be the thing’s owner.\nHowever, if for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\nIf the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the authorised person’s control, the authorised person may state this in the notice.\nThis section does not apply to damage the authorised person believes, on reasonable grounds, is trivial.\nIn this section—\nowner of a thing includes the person in possession or control of the thing.\n(sec.141-ssec.1) This section applies if— an authorised person damages anything in the exercise of a power under chapter 4 or this chapter; or a person who is authorised by an authorised person to take action under chapter 4 or this chapter damages anything in taking the action.\n(sec.141-ssec.2) The authorised person must, as soon as practicable, give notice of the particulars of the damage to the person who appears to be the thing’s owner.\n(sec.141-ssec.3) However, if for any reason it is not practicable to comply with subsection (2) , the authorised person must leave the notice, in a reasonably secure way and in a conspicuous position, at the place where the damage happened.\n(sec.141-ssec.4) If the authorised person believes the damage was caused by a latent defect in the thing or other circumstances beyond the authorised person’s control, the authorised person may state this in the notice.\n(sec.141-ssec.5) This section does not apply to damage the authorised person believes, on reasonable grounds, is trivial.\n(sec.141-ssec.6) In this section— owner of a thing includes the person in possession or control of the thing.\n- (a) an authorised person damages anything in the exercise of a power under chapter 4 or this chapter; or\n- (b) a person who is authorised by an authorised person to take action under chapter 4 or this chapter damages anything in taking the action.","sortOrder":244},{"sectionNumber":"sec.142","sectionType":"section","heading":"Compensation","content":"### sec.142 Compensation\n\nA person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this chapter other than because of the seizure or destruction, under this chapter, of a regulated dog.\nCompensation may be claimed and ordered in a proceeding for—\ncompensation brought in a court of competent jurisdiction; or\nan offence against this Act brought against the person making the claim for compensation.\nA court may order compensation in a proceeding to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\nA regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order mentioned subsection (3) .\n(sec.142-ssec.1) A person may claim compensation if the person incurs loss or expense because of the exercise or purported exercise of a power under this chapter other than because of the seizure or destruction, under this chapter, of a regulated dog.\n(sec.142-ssec.2) Compensation may be claimed and ordered in a proceeding for— compensation brought in a court of competent jurisdiction; or an offence against this Act brought against the person making the claim for compensation.\n(sec.142-ssec.3) A court may order compensation in a proceeding to be paid only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.142-ssec.4) A regulation may prescribe matters that may, or must, be taken into account by the court when considering whether it is just to make the order mentioned subsection (3) .\n- (a) compensation brought in a court of competent jurisdiction; or\n- (b) an offence against this Act brought against the person making the claim for compensation.","sortOrder":245},{"sectionNumber":"ch.6-pt.1","sectionType":"part","heading":"How licence is obtained","content":"# How licence is obtained","sortOrder":246},{"sectionNumber":"sec.143","sectionType":"section","heading":"Application for licence","content":"### sec.143 Application for licence\n\nA person may apply to the chief executive for a licence.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\n(sec.143-ssec.1) A person may apply to the chief executive for a licence.\n(sec.143-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed under a regulation.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.","sortOrder":247},{"sectionNumber":"sec.144","sectionType":"section","heading":"What application must state","content":"### sec.144 What application must state\n\nThe application must state the following—\nthe name and address of the applicant;\nan address in the State for service of documents;\nthe address of the applicant’s principal place of business;\nthe names of the individuals to be involved in the day to day running of the applicant’s business as a licence holder;\nthe qualifications and experience of the applicant and the individuals relevant to offering or providing a PPID registry service.\ns 144 amd 2015 No. 15 s 99 sch 1\n- (a) the name and address of the applicant;\n- (b) an address in the State for service of documents;\n- (c) the address of the applicant’s principal place of business;\n- (d) the names of the individuals to be involved in the day to day running of the applicant’s business as a licence holder;\n- (e) the qualifications and experience of the applicant and the individuals relevant to offering or providing a PPID registry service.","sortOrder":248},{"sectionNumber":"sec.145","sectionType":"section","heading":"Consideration of application","content":"### sec.145 Consideration of application\n\nThe chief executive must consider the application and either grant, or refuse to grant, the application.","sortOrder":249},{"sectionNumber":"sec.146","sectionType":"section","heading":"Criteria for granting application","content":"### sec.146 Criteria for granting application\n\nThe chief executive may grant the application only if the chief executive is satisfied the applicant is a suitable person to be a licence holder.","sortOrder":250},{"sectionNumber":"sec.147","sectionType":"section","heading":"Suitability of person to be licence holder","content":"### sec.147 Suitability of person to be licence holder\n\nIn deciding whether an applicant is a suitable person to be a licence holder, the chief executive may have regard to—\nwhether the person, or an individual engaged or employed by the person, has a conviction for a relevant offence, other than a spent conviction; and\nwhether the person, or an individual engaged or employed by the person—\nheld a licence under this division, or a licence relating to offering or providing a PPID registry service under a corresponding law, that was suspended or cancelled; or\nhas been refused a licence or a licence relating to offering or providing a PPID registry service under a corresponding law; and\nthe matters required to be stated in the application for a licence under section 144 ; and\nanything else relevant to the person’s ability to conduct business as a licence holder.\ns 147 amd 2015 No. 15 s 99 sch 1\n- (a) whether the person, or an individual engaged or employed by the person, has a conviction for a relevant offence, other than a spent conviction; and\n- (b) whether the person, or an individual engaged or employed by the person— (i) held a licence under this division, or a licence relating to offering or providing a PPID registry service under a corresponding law, that was suspended or cancelled; or (ii) has been refused a licence or a licence relating to offering or providing a PPID registry service under a corresponding law; and\n- (i) held a licence under this division, or a licence relating to offering or providing a PPID registry service under a corresponding law, that was suspended or cancelled; or\n- (ii) has been refused a licence or a licence relating to offering or providing a PPID registry service under a corresponding law; and\n- (c) the matters required to be stated in the application for a licence under section 144 ; and\n- (d) anything else relevant to the person’s ability to conduct business as a licence holder.\n- (i) held a licence under this division, or a licence relating to offering or providing a PPID registry service under a corresponding law, that was suspended or cancelled; or\n- (ii) has been refused a licence or a licence relating to offering or providing a PPID registry service under a corresponding law; and","sortOrder":251},{"sectionNumber":"sec.148","sectionType":"section","heading":"Inquiries into application for licence","content":"### sec.148 Inquiries into application for licence\n\nBefore deciding the application, the chief executive—\nmay make inquiries to decide the suitability of the applicant to be a licence holder; and\nmay, by notice, require the applicant to give the chief executive within the reasonable time of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nHowever, the notice may be given to the applicant only within 28 days after the chief executive receives the application.\nThe notice may require the information or document to be verified by a statutory declaration.\nThe applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) (b) .\n(sec.148-ssec.1) Before deciding the application, the chief executive— may make inquiries to decide the suitability of the applicant to be a licence holder; and may, by notice, require the applicant to give the chief executive within the reasonable time of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.148-ssec.2) However, the notice may be given to the applicant only within 28 days after the chief executive receives the application.\n(sec.148-ssec.3) The notice may require the information or document to be verified by a statutory declaration.\n(sec.148-ssec.4) The applicant is taken to have withdrawn the application if, within the stated time, the applicant does not comply with a requirement under subsection (1) (b) .\n- (a) may make inquiries to decide the suitability of the applicant to be a licence holder; and\n- (b) may, by notice, require the applicant to give the chief executive within the reasonable time of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.","sortOrder":252},{"sectionNumber":"sec.149","sectionType":"section","heading":"Decision on application for licence","content":"### sec.149 Decision on application for licence\n\nIf the chief executive decides to grant the application, the chief executive must issue a licence to the applicant.\nThe chief executive may impose conditions on the licence not inconsistent with the mandatory conditions.\nIf the chief executive decides to refuse to grant the licence, or to impose conditions on the licence, the chief executive must give the applicant an information notice for the decision.\n(sec.149-ssec.1) If the chief executive decides to grant the application, the chief executive must issue a licence to the applicant.\n(sec.149-ssec.2) The chief executive may impose conditions on the licence not inconsistent with the mandatory conditions.\n(sec.149-ssec.3) If the chief executive decides to refuse to grant the licence, or to impose conditions on the licence, the chief executive must give the applicant an information notice for the decision.","sortOrder":253},{"sectionNumber":"sec.150","sectionType":"section","heading":"Failure to decide application for licence","content":"### sec.150 Failure to decide application for licence\n\nSubject to subsections (2) and (3) , if the chief executive does not decide the application within 28 days after its receipt, the chief executive is taken to have decided to refuse to grant the application.\nSubsection (3) applies if—\na person has made an application for a licence; and\nthe chief executive has under section 148 (1) (b) , required the applicant to give the chief executive further information or a document.\nThe chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 28 days after the chief executive receives the further information or document.\nIf the application is refused under this section, the applicant is entitled to be given an information notice for the decision by the chief executive.\n(sec.150-ssec.1) Subject to subsections (2) and (3) , if the chief executive does not decide the application within 28 days after its receipt, the chief executive is taken to have decided to refuse to grant the application.\n(sec.150-ssec.2) Subsection (3) applies if— a person has made an application for a licence; and the chief executive has under section 148 (1) (b) , required the applicant to give the chief executive further information or a document.\n(sec.150-ssec.3) The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 28 days after the chief executive receives the further information or document.\n(sec.150-ssec.4) If the application is refused under this section, the applicant is entitled to be given an information notice for the decision by the chief executive.\n- (a) a person has made an application for a licence; and\n- (b) the chief executive has under section 148 (1) (b) , required the applicant to give the chief executive further information or a document.","sortOrder":254},{"sectionNumber":"sec.151","sectionType":"section","heading":"Duration of licence","content":"### sec.151 Duration of licence\n\nA licence becomes effective on the day the licence is issued or on the day of the licence’s renewal and ends on the day (the expiry day ) either 1, 2 or 3 years after that day.\nThe chief executive must decide the expiry day.\n(sec.151-ssec.1) A licence becomes effective on the day the licence is issued or on the day of the licence’s renewal and ends on the day (the expiry day ) either 1, 2 or 3 years after that day.\n(sec.151-ssec.2) The chief executive must decide the expiry day.","sortOrder":255},{"sectionNumber":"ch.6-pt.2","sectionType":"part","heading":"Provisions of licence","content":"# Provisions of licence","sortOrder":256},{"sectionNumber":"sec.152","sectionType":"section","heading":"Mandatory conditions for licences","content":"### sec.152 Mandatory conditions for licences\n\nA licence is subject to the following conditions (the mandatory conditions )—\nthe licence holder for the licence must comply with this Act;\nthe holder must ensure the licence, or a copy of the licence, is displayed at the holder’s principal place of business so that it is easily visible to a person as the person enters the place.\n- (a) the licence holder for the licence must comply with this Act;\n- (b) the holder must ensure the licence, or a copy of the licence, is displayed at the holder’s principal place of business so that it is easily visible to a person as the person enters the place.","sortOrder":257},{"sectionNumber":"sec.153","sectionType":"section","heading":"Licence holder must comply with licence conditions","content":"### sec.153 Licence holder must comply with licence conditions\n\nA licence holder must not contravene a condition of the holder’s licence.\nMaximum penalty—100 penalty units.\nThe penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.\n(sec.153-ssec.1) A licence holder must not contravene a condition of the holder’s licence. Maximum penalty—100 penalty units.\n(sec.153-ssec.2) The penalty under subsection (1) may be imposed whether or not the licence is suspended or cancelled because of the contravention.","sortOrder":258},{"sectionNumber":"sec.154","sectionType":"section","heading":"Form of licence","content":"### sec.154 Form of licence\n\nA licence must state the following particulars—\nthe licence holder’s name;\nthe address of the holder’s principal place of business;\nthe day the licence becomes effective;\nthe day the licence expires;\nthe licence number;\nits conditions other than the mandatory conditions.\n- (a) the licence holder’s name;\n- (b) the address of the holder’s principal place of business;\n- (c) the day the licence becomes effective;\n- (d) the day the licence expires;\n- (e) the licence number;\n- (f) its conditions other than the mandatory conditions.","sortOrder":259},{"sectionNumber":"ch.6-pt.3","sectionType":"part","heading":"Renewal of licences","content":"# Renewal of licences","sortOrder":260},{"sectionNumber":"sec.155","sectionType":"section","heading":"Application for renewal of licence","content":"### sec.155 Application for renewal of licence\n\nA licence holder may apply to the chief executive for the renewal of the holder’s licence.\nThe application must be—\nmade at least 28 days before the licence ends; and\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe chief executive must consider the application and renew, or refuse to renew, the licence.\nIn deciding whether to grant the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for the licence is a suitable person to be a licence holder.\nThe chief executive may impose conditions on the renewed licence not inconsistent with the mandatory conditions.\nIf the chief executive decides to refuse to renew the licence, or to impose conditions on the licence, the chief executive must give the holder an information notice for the decision.\nA licence may be renewed by—\nendorsing the existing licence; or\ncancelling the existing licence and issuing another licence.\n(sec.155-ssec.1) A licence holder may apply to the chief executive for the renewal of the holder’s licence.\n(sec.155-ssec.2) The application must be— made at least 28 days before the licence ends; and in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.155-ssec.3) The chief executive must consider the application and renew, or refuse to renew, the licence.\n(sec.155-ssec.4) In deciding whether to grant the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for the licence is a suitable person to be a licence holder.\n(sec.155-ssec.5) The chief executive may impose conditions on the renewed licence not inconsistent with the mandatory conditions.\n(sec.155-ssec.6) If the chief executive decides to refuse to renew the licence, or to impose conditions on the licence, the chief executive must give the holder an information notice for the decision.\n(sec.155-ssec.7) A licence may be renewed by— endorsing the existing licence; or cancelling the existing licence and issuing another licence.\n- (a) made at least 28 days before the licence ends; and\n- (b) in the approved form; and\n- (c) accompanied by the fee prescribed under a regulation.\n- (a) endorsing the existing licence; or\n- (b) cancelling the existing licence and issuing another licence.","sortOrder":261},{"sectionNumber":"sec.156","sectionType":"section","heading":"Inquiries into application for renewal of licence","content":"### sec.156 Inquiries into application for renewal of licence\n\nBefore deciding the application, the chief executive may, by notice, require the holder to give the chief executive, within a reasonable period of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe holder is taken to have withdrawn the application if, within the stated period, the holder does not comply with the requirement.\n(sec.156-ssec.1) Before deciding the application, the chief executive may, by notice, require the holder to give the chief executive, within a reasonable period of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.156-ssec.2) The holder is taken to have withdrawn the application if, within the stated period, the holder does not comply with the requirement.","sortOrder":262},{"sectionNumber":"sec.157","sectionType":"section","heading":"Licence taken to be in force while renewal application is considered","content":"### sec.157 Licence taken to be in force while renewal application is considered\n\nIf an application is made under section 155 , the holder’s licence is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 155 or taken to have been withdrawn under section 156 (2) .\nHowever, if the application is refused, the licence continues in force until the information notice for the decision is given to the holder.\nSubsection (1) does not apply if the licence is earlier suspended or cancelled.\n(sec.157-ssec.1) If an application is made under section 155 , the holder’s licence is taken to continue in force from the day that it would, apart from this section, have expired until the application is decided under section 155 or taken to have been withdrawn under section 156 (2) .\n(sec.157-ssec.2) However, if the application is refused, the licence continues in force until the information notice for the decision is given to the holder.\n(sec.157-ssec.3) Subsection (1) does not apply if the licence is earlier suspended or cancelled.","sortOrder":263},{"sectionNumber":"ch.6-pt.4","sectionType":"part","heading":"Amendment of licences","content":"# Amendment of licences","sortOrder":264},{"sectionNumber":"sec.158","sectionType":"section","heading":"Application for amendment of licence","content":"### sec.158 Application for amendment of licence\n\nA licence holder may apply to the chief executive for an amendment of the holder’s licence including any conditions imposed by the chief executive.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe chief executive must consider the application and amend, or refuse to amend, the licence.\nIf the chief executive decides to make the amendment, the chief executive may impose a condition on the licence not inconsistent with the mandatory conditions.\nIf the chief executive decides to refuse to amend the licence, or to impose a condition on the licence, the chief executive must give the holder an information notice for the decision.\nA licence may be amended by—\nendorsing the existing licence with details of the amendment; or\ncancelling the existing licence and issuing another licence containing the amendment.\n(sec.158-ssec.1) A licence holder may apply to the chief executive for an amendment of the holder’s licence including any conditions imposed by the chief executive.\n(sec.158-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.158-ssec.3) The chief executive must consider the application and amend, or refuse to amend, the licence.\n(sec.158-ssec.4) If the chief executive decides to make the amendment, the chief executive may impose a condition on the licence not inconsistent with the mandatory conditions.\n(sec.158-ssec.5) If the chief executive decides to refuse to amend the licence, or to impose a condition on the licence, the chief executive must give the holder an information notice for the decision.\n(sec.158-ssec.6) A licence may be amended by— endorsing the existing licence with details of the amendment; or cancelling the existing licence and issuing another licence containing the amendment.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) endorsing the existing licence with details of the amendment; or\n- (b) cancelling the existing licence and issuing another licence containing the amendment.","sortOrder":265},{"sectionNumber":"sec.159","sectionType":"section","heading":"Inquiries into application for amendment","content":"### sec.159 Inquiries into application for amendment\n\nBefore deciding the application, the chief executive may, by notice, require the holder to give the chief executive, within a reasonable period of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\nThe holder is taken to have withdrawn the application if, within the stated period, the holder does not comply with the requirement.\n(sec.159-ssec.1) Before deciding the application, the chief executive may, by notice, require the holder to give the chief executive, within a reasonable period of at least 28 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.\n(sec.159-ssec.2) The holder is taken to have withdrawn the application if, within the stated period, the holder does not comply with the requirement.","sortOrder":266},{"sectionNumber":"ch.6-pt.5","sectionType":"part","heading":"Suspension or cancellation of licences","content":"# Suspension or cancellation of licences","sortOrder":267},{"sectionNumber":"sec.160","sectionType":"section","heading":"Chief executive may impose suspension or cancel","content":"### sec.160 Chief executive may impose suspension or cancel\n\nIf the chief executive reasonably believes a ground under section 161 exists in relation to a licence holder, the chief executive may, by complying with sections 162 to 166 , take the following action (the proposed action ) against the holder—\nsuspend the licence for a stated period ( suspension );\ncancel the licence ( prohibition ).\n- (a) suspend the licence for a stated period ( suspension );\n- (b) cancel the licence ( prohibition ).","sortOrder":268},{"sectionNumber":"sec.161","sectionType":"section","heading":"Grounds for suspension or cancellation","content":"### sec.161 Grounds for suspension or cancellation\n\nEach of the following is a ground for suspending or cancelling a licence—\nthe licence holder is not, or is no longer, a suitable person to hold the licence;\nthe holder has contravened a condition of the licence;\nthe licence was issued because of a materially false or misleading representation or declaration.\nFor forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether a proposed licence holder is a suitable person to hold the licence.\nSee section 147 for the matters to which the chief executive may have regard in deciding whether a proposed licence holder is a suitable person to be a licence holder.\ns 161 amd 2016 No. 27 s 71 sch 1\n(sec.161-ssec.1) Each of the following is a ground for suspending or cancelling a licence— the licence holder is not, or is no longer, a suitable person to hold the licence; the holder has contravened a condition of the licence; the licence was issued because of a materially false or misleading representation or declaration.\n(sec.161-ssec.2) For forming a belief that the ground mentioned in subsection (1) (a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether a proposed licence holder is a suitable person to hold the licence. See section 147 for the matters to which the chief executive may have regard in deciding whether a proposed licence holder is a suitable person to be a licence holder.\n- (a) the licence holder is not, or is no longer, a suitable person to hold the licence;\n- (b) the holder has contravened a condition of the licence;\n- (c) the licence was issued because of a materially false or misleading representation or declaration.","sortOrder":269},{"sectionNumber":"sec.162","sectionType":"section","heading":"Show cause notice","content":"### sec.162 Show cause notice\n\nThe chief executive must give the holder a notice under this section (a show cause notice ).\nThe show cause notice must state—\nthe proposed action; and\nthe grounds for the proposed action; and\nan outline of the facts and circumstances forming the basis for the grounds; and\nif the proposed action is suspension of the licence—the proposed suspension period; and\nan invitation to the holder to show within a stated period (the show cause period ) why the proposed action should not be taken.\nThe show cause period must be a period ending at least 21 days after the show cause notice is given to the holder.\n(sec.162-ssec.1) The chief executive must give the holder a notice under this section (a show cause notice ).\n(sec.162-ssec.2) The show cause notice must state— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances forming the basis for the grounds; and if the proposed action is suspension of the licence—the proposed suspension period; and an invitation to the holder to show within a stated period (the show cause period ) why the proposed action should not be taken.\n(sec.162-ssec.3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the holder.\n- (a) the proposed action; and\n- (b) the grounds for the proposed action; and\n- (c) an outline of the facts and circumstances forming the basis for the grounds; and\n- (d) if the proposed action is suspension of the licence—the proposed suspension period; and\n- (e) an invitation to the holder to show within a stated period (the show cause period ) why the proposed action should not be taken.","sortOrder":270},{"sectionNumber":"sec.163","sectionType":"section","heading":"Representations about show cause notices","content":"### sec.163 Representations about show cause notices\n\nThe holder may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\nThe chief executive must consider all representations (the accepted representations ) made under subsection (1) .\n(sec.163-ssec.1) The holder may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken.\n(sec.163-ssec.2) The chief executive must consider all representations (the accepted representations ) made under subsection (1) .","sortOrder":271},{"sectionNumber":"sec.164","sectionType":"section","heading":"Ending show cause process without further action","content":"### sec.164 Ending show cause process without further action\n\nThis section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action.\nThe chief executive must not take any further action about the show cause notice.\nThe chief executive must give the holder a notice stating that the proposed action will not be taken.\n(sec.164-ssec.1) This section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action.\n(sec.164-ssec.2) The chief executive must not take any further action about the show cause notice.\n(sec.164-ssec.3) The chief executive must give the holder a notice stating that the proposed action will not be taken.","sortOrder":272},{"sectionNumber":"sec.165","sectionType":"section","heading":"Suspension or cancellation","content":"### sec.165 Suspension or cancellation\n\nThis section applies if—\nthere are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or\nthere are no accepted representations.\nIf the chief executive believes suspension or cancellation of the licence is warranted, the chief executive may—\nif the proposed action was suspension—suspend the licence for no longer than the stated period; or\nif the proposed action was cancellation—either cancel the licence or suspend it for a stated period.\nThe chief executive must give an information notice for the decision to the holder.\nThe decision takes effect on the later of the following days—\nthe day the information notice is given to the holder;\nthe day stated in the information notice for that purpose.\n(sec.165-ssec.1) This section applies if— there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or there are no accepted representations.\n(sec.165-ssec.2) If the chief executive believes suspension or cancellation of the licence is warranted, the chief executive may— if the proposed action was suspension—suspend the licence for no longer than the stated period; or if the proposed action was cancellation—either cancel the licence or suspend it for a stated period.\n(sec.165-ssec.3) The chief executive must give an information notice for the decision to the holder.\n(sec.165-ssec.4) The decision takes effect on the later of the following days— the day the information notice is given to the holder; the day stated in the information notice for that purpose.\n- (a) there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or\n- (b) there are no accepted representations.\n- (a) if the proposed action was suspension—suspend the licence for no longer than the stated period; or\n- (b) if the proposed action was cancellation—either cancel the licence or suspend it for a stated period.\n- (a) the day the information notice is given to the holder;\n- (b) the day stated in the information notice for that purpose.","sortOrder":273},{"sectionNumber":"sec.166","sectionType":"section","heading":"Immediate suspension","content":"### sec.166 Immediate suspension\n\nThe chief executive may suspend the licence immediately if the chief executive believes—\na ground exists to suspend the licence; and\nit is necessary to suspend the licence immediately because there is an immediate and serious risk of harm to the effectiveness of the identification of cats or dogs, and registration of dogs, under this Act.\nThe suspension—\nmust be effected by an information notice for the decision given by the chief executive to the holder to suspend the licence together with a show cause notice; and\noperates immediately the notices are given; and\ncontinues to operate until the earliest of the following happens—\nthe chief executive cancels the remaining period of the suspension;\nthe show cause notice is finally dealt with;\n28 days have passed since the notices were given to the holder.\nSubsection (4) applies if—\na suspension under this section stops because—\nthe chief executive cancels the remaining period of the suspension; or\nthe show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n28 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and\nthe holder has returned the holder’s licence to the chief executive under section 167 .\nThe chief executive must, as soon as practicable, give the licence to the holder.\ns 166 amd 2013 No. 41 s 43\n(sec.166-ssec.1) The chief executive may suspend the licence immediately if the chief executive believes— a ground exists to suspend the licence; and it is necessary to suspend the licence immediately because there is an immediate and serious risk of harm to the effectiveness of the identification of cats or dogs, and registration of dogs, under this Act.\n(sec.166-ssec.2) The suspension— must be effected by an information notice for the decision given by the chief executive to the holder to suspend the licence together with a show cause notice; and operates immediately the notices are given; and continues to operate until the earliest of the following happens— the chief executive cancels the remaining period of the suspension; the show cause notice is finally dealt with; 28 days have passed since the notices were given to the holder.\n(sec.166-ssec.3) Subsection (4) applies if— a suspension under this section stops because— the chief executive cancels the remaining period of the suspension; or the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or 28 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and the holder has returned the holder’s licence to the chief executive under section 167 .\n(sec.166-ssec.4) The chief executive must, as soon as practicable, give the licence to the holder.\n- (a) a ground exists to suspend the licence; and\n- (b) it is necessary to suspend the licence immediately because there is an immediate and serious risk of harm to the effectiveness of the identification of cats or dogs, and registration of dogs, under this Act.\n- (a) must be effected by an information notice for the decision given by the chief executive to the holder to suspend the licence together with a show cause notice; and\n- (b) operates immediately the notices are given; and\n- (c) continues to operate until the earliest of the following happens— (i) the chief executive cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 28 days have passed since the notices were given to the holder.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 28 days have passed since the notices were given to the holder.\n- (i) the chief executive cancels the remaining period of the suspension;\n- (ii) the show cause notice is finally dealt with;\n- (iii) 28 days have passed since the notices were given to the holder.\n- (a) a suspension under this section stops because— (i) the chief executive cancels the remaining period of the suspension; or (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or (iii) 28 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and\n- (i) the chief executive cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n- (iii) 28 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and\n- (b) the holder has returned the holder’s licence to the chief executive under section 167 .\n- (i) the chief executive cancels the remaining period of the suspension; or\n- (ii) the show cause notice is finally dealt with by a decision being made not to cancel or suspend the licence; or\n- (iii) 28 days have passed since the notices mentioned in subsection (2) (a) were given to the holder; and","sortOrder":274},{"sectionNumber":"sec.167","sectionType":"section","heading":"Return of suspended or cancelled licence to chief executive","content":"### sec.167 Return of suspended or cancelled licence to chief executive\n\nThis section applies if the chief executive has suspended or cancelled a licence and given an information notice for the decision to the holder of the licence.\nThe holder must return the licence to the chief executive within 7 days after receiving the information notice unless the holder has a reasonable excuse.\nMaximum penalty—20 penalty units.\n(sec.167-ssec.1) This section applies if the chief executive has suspended or cancelled a licence and given an information notice for the decision to the holder of the licence.\n(sec.167-ssec.2) The holder must return the licence to the chief executive within 7 days after receiving the information notice unless the holder has a reasonable excuse. Maximum penalty—20 penalty units.","sortOrder":275},{"sectionNumber":"sec.168","sectionType":"section","heading":"Effect of suspension or cancellation of licence","content":"### sec.168 Effect of suspension or cancellation of licence\n\nThis section applies if a licence is suspended, cancelled or otherwise ends (the termination ).\nThe licence holder must, within 5 days after the termination, give to the chief executive all records kept or maintained for the purposes of the PPID registry service offered or provided by the holder.\ns 168 amd 2015 No. 15 s 99 sch 1\n(sec.168-ssec.1) This section applies if a licence is suspended, cancelled or otherwise ends (the termination ).\n(sec.168-ssec.2) The licence holder must, within 5 days after the termination, give to the chief executive all records kept or maintained for the purposes of the PPID registry service offered or provided by the holder.","sortOrder":276},{"sectionNumber":"ch.6-pt.6","sectionType":"part","heading":"Other provisions about licences","content":"# Other provisions about licences","sortOrder":277},{"sectionNumber":"sec.169","sectionType":"section","heading":"Surrender of licence","content":"### sec.169 Surrender of licence\n\nA licence holder may surrender the holder’s licence by notice given to the chief executive.\nThe holder’s licence must accompany the notice.\nThe surrender takes effect on the later of the following—\nthe day the notice is given;\nthe day stated in the notice.\n(sec.169-ssec.1) A licence holder may surrender the holder’s licence by notice given to the chief executive.\n(sec.169-ssec.2) The holder’s licence must accompany the notice.\n(sec.169-ssec.3) The surrender takes effect on the later of the following— the day the notice is given; the day stated in the notice.\n- (a) the day the notice is given;\n- (b) the day stated in the notice.","sortOrder":278},{"sectionNumber":"sec.170","sectionType":"section","heading":"Application for replacement of licence","content":"### sec.170 Application for replacement of licence\n\nA licence holder may apply for a replacement of the holder’s licence if the licence has been damaged, destroyed, lost or stolen.\nThe application must—\nbe made to the chief executive; and\ninclude information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and\nbe accompanied by the fee prescribed under a regulation for the application.\n(sec.170-ssec.1) A licence holder may apply for a replacement of the holder’s licence if the licence has been damaged, destroyed, lost or stolen.\n(sec.170-ssec.2) The application must— be made to the chief executive; and include information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and be accompanied by the fee prescribed under a regulation for the application.\n- (a) be made to the chief executive; and\n- (b) include information about the circumstances in which the licence was damaged, destroyed, lost or stolen; and\n- (c) be accompanied by the fee prescribed under a regulation for the application.","sortOrder":279},{"sectionNumber":"sec.171","sectionType":"section","heading":"Decision about application for replacement of licence","content":"### sec.171 Decision about application for replacement of licence\n\nThe chief executive must consider the application and either grant, or refuse to grant, the application.\nThe chief executive must grant the application if the chief executive is satisfied the licence has been damaged, destroyed, lost or stolen in a way to require its replacement.\nIf the chief executive decides to grant the application, the chief executive must, as soon as practicable, issue another licence to the applicant to replace the damaged, destroyed, lost or stolen licence.\nIf the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.\n(sec.171-ssec.1) The chief executive must consider the application and either grant, or refuse to grant, the application.\n(sec.171-ssec.2) The chief executive must grant the application if the chief executive is satisfied the licence has been damaged, destroyed, lost or stolen in a way to require its replacement.\n(sec.171-ssec.3) If the chief executive decides to grant the application, the chief executive must, as soon as practicable, issue another licence to the applicant to replace the damaged, destroyed, lost or stolen licence.\n(sec.171-ssec.4) If the chief executive decides to refuse to grant the application, the chief executive must give the applicant an information notice for the decision.","sortOrder":280},{"sectionNumber":"ch.7-pt.1","sectionType":"part","heading":"Registers kept by chief executive","content":"# Registers kept by chief executive","sortOrder":281},{"sectionNumber":"ch.7-pt.1-div.1","sectionType":"division","heading":"Registers to be kept","content":"## Registers to be kept","sortOrder":282},{"sectionNumber":"sec.172","sectionType":"section","heading":"Chief executive must keep regulated dog register","content":"### sec.172 Chief executive must keep regulated dog register\n\nThe chief executive must keep a register of regulated dogs (the regulated dog register ).\nThe regulated dog register must contain the information about a regulated dog given to the chief executive by a chief executive officer of a local government under sections 174 and 175 .\ns 172 amd 2016 No. 28 s 15 ; 2024 No. 17 s 70\n(sec.172-ssec.1) The chief executive must keep a register of regulated dogs (the regulated dog register ).\n(sec.172-ssec.2) The regulated dog register must contain the information about a regulated dog given to the chief executive by a chief executive officer of a local government under sections 174 and 175 .","sortOrder":283},{"sectionNumber":"sec.172A","sectionType":"section","heading":"Chief executive must keep licence holder register","content":"### sec.172A Chief executive must keep licence holder register\n\nThe chief executive must keep a register of licence holders (the licence holder register ).\nThe licence holder register must contain the information about a licence holder required, under section 154 , to be stated on the holder’s licence.\ns 172A ins 2016 No. 28 s 16\n(sec.172A-ssec.1) The chief executive must keep a register of licence holders (the licence holder register ).\n(sec.172A-ssec.2) The licence holder register must contain the information about a licence holder required, under section 154 , to be stated on the holder’s licence.","sortOrder":284},{"sectionNumber":"sec.172B","sectionType":"section","heading":"Chief executive must keep breeder register","content":"### sec.172B Chief executive must keep breeder register\n\nThe chief executive must keep a register of persons who breed dogs (the breeder register ).\nThe breeder register must contain the following information—\nfor each person who is registered as a registered breeder—\nthe designated details of the person; and\nthe person’s breeder ID number; and\nthe date on which the registration ends;\nthe information mentioned in section 43W (2) (d) (i) that is given to the chief executive about a person who becomes an accredited breeder of an approved entity;\nthe information mentioned in section 43W (2) (d) (ii) that is given to the chief executive about a person who ceases to be an accredited breeder of an approved entity;\nthe information mentioned in section 43W (2) (d) (iii) that is given to the chief executive about a change in the designated details of an accredited breeder of an approved entity;\nfor each exemption number issued under chapter 2B , part 5 for a dog—\nthe designated details of the eligible person in relation to the dog; and\nwhether the eligible person is an eligible person in relation to the dog under section 43ZG , 43ZH or 43ZI ; and\nthe exemption number; and\na description of the dog; and\nthe date the exemption number was issued.\nInformation mentioned in subsection (2) must be kept in the breeder register until at least—\nif the information is about a person who was a registered breeder—the person has not been a registered breeder for 5 years; or\nif the information is about a person who was an accredited breeder of an approved entity—the person has not been an accredited breeder of an approved entity for at least 5 years; or\nif the information is about an exemption number issued under chapter 2B , part 5 for a dog—5 years after the exemption number was issued.\ns 172B ins 2016 No. 28 s 16\n(sec.172B-ssec.1) The chief executive must keep a register of persons who breed dogs (the breeder register ).\n(sec.172B-ssec.2) The breeder register must contain the following information— for each person who is registered as a registered breeder— the designated details of the person; and the person’s breeder ID number; and the date on which the registration ends; the information mentioned in section 43W (2) (d) (i) that is given to the chief executive about a person who becomes an accredited breeder of an approved entity; the information mentioned in section 43W (2) (d) (ii) that is given to the chief executive about a person who ceases to be an accredited breeder of an approved entity; the information mentioned in section 43W (2) (d) (iii) that is given to the chief executive about a change in the designated details of an accredited breeder of an approved entity; for each exemption number issued under chapter 2B , part 5 for a dog— the designated details of the eligible person in relation to the dog; and whether the eligible person is an eligible person in relation to the dog under section 43ZG , 43ZH or 43ZI ; and the exemption number; and a description of the dog; and the date the exemption number was issued.\n(sec.172B-ssec.3) Information mentioned in subsection (2) must be kept in the breeder register until at least— if the information is about a person who was a registered breeder—the person has not been a registered breeder for 5 years; or if the information is about a person who was an accredited breeder of an approved entity—the person has not been an accredited breeder of an approved entity for at least 5 years; or if the information is about an exemption number issued under chapter 2B , part 5 for a dog—5 years after the exemption number was issued.\n- (a) for each person who is registered as a registered breeder— (i) the designated details of the person; and (ii) the person’s breeder ID number; and (iii) the date on which the registration ends;\n- (i) the designated details of the person; and\n- (ii) the person’s breeder ID number; and\n- (iii) the date on which the registration ends;\n- (b) the information mentioned in section 43W (2) (d) (i) that is given to the chief executive about a person who becomes an accredited breeder of an approved entity;\n- (c) the information mentioned in section 43W (2) (d) (ii) that is given to the chief executive about a person who ceases to be an accredited breeder of an approved entity;\n- (d) the information mentioned in section 43W (2) (d) (iii) that is given to the chief executive about a change in the designated details of an accredited breeder of an approved entity;\n- (e) for each exemption number issued under chapter 2B , part 5 for a dog— (i) the designated details of the eligible person in relation to the dog; and (ii) whether the eligible person is an eligible person in relation to the dog under section 43ZG , 43ZH or 43ZI ; and (iii) the exemption number; and (iv) a description of the dog; and (v) the date the exemption number was issued.\n- (i) the designated details of the eligible person in relation to the dog; and\n- (ii) whether the eligible person is an eligible person in relation to the dog under section 43ZG , 43ZH or 43ZI ; and\n- (iii) the exemption number; and\n- (iv) a description of the dog; and\n- (v) the date the exemption number was issued.\n- (i) the designated details of the person; and\n- (ii) the person’s breeder ID number; and\n- (iii) the date on which the registration ends;\n- (i) the designated details of the eligible person in relation to the dog; and\n- (ii) whether the eligible person is an eligible person in relation to the dog under section 43ZG , 43ZH or 43ZI ; and\n- (iii) the exemption number; and\n- (iv) a description of the dog; and\n- (v) the date the exemption number was issued.\n- (a) if the information is about a person who was a registered breeder—the person has not been a registered breeder for 5 years; or\n- (b) if the information is about a person who was an accredited breeder of an approved entity—the person has not been an accredited breeder of an approved entity for at least 5 years; or\n- (c) if the information is about an exemption number issued under chapter 2B , part 5 for a dog—5 years after the exemption number was issued.","sortOrder":285},{"sectionNumber":"sec.172C","sectionType":"section","heading":"Chief executive may decide way registers to be kept","content":"### sec.172C Chief executive may decide way registers to be kept\n\nThe chief executive may keep a register mentioned in section 172 , 172A or 172B in the way the chief executive considers appropriate, including, for example, in electronic form.\ns 172C ins 2016 No. 28 s 16","sortOrder":286},{"sectionNumber":"ch.7-pt.1-div.2","sectionType":"division","heading":"Publication of particular information contained in registers","content":"## Publication of particular information contained in registers","sortOrder":287},{"sectionNumber":"sec.172D","sectionType":"section","heading":"Licence holder register","content":"### sec.172D Licence holder register\n\nThe chief executive may publish information contained in the publicly available part of the licence holder register at the times and in the way the chief executive decides.\ns 172D ins 2016 No. 28 s 16","sortOrder":288},{"sectionNumber":"sec.172E","sectionType":"section","heading":"Breeder register","content":"### sec.172E Breeder register\n\nThe chief executive must publish the publicly available part of the breeder register on the online breeder registration system.\nSee section 173C in relation to personal information that must not be included in the publicly available part of the breeder register or published on the online breeder registration system.\nIn this section—\npublicly available part , of the breeder register, means the part of the register containing the following information for a person who is a registered breeder or an accredited breeder of an approved entity—\nthe person’s name;\nthe person’s breeder ID number or accreditation number;\nthe date the person’s registration or accreditation ends;\nthe local government area in which—\nif the person is an individual—the person’s place of residence is located; or\nif the person is a body corporate—the body corporate’s place of business, head office or registered office is located;\nthe person’s telephone number or email address, as decided by the person.\ns 172E ins 2016 No. 28 s 16\n(sec.172E-ssec.1) The chief executive must publish the publicly available part of the breeder register on the online breeder registration system. See section 173C in relation to personal information that must not be included in the publicly available part of the breeder register or published on the online breeder registration system.\n(sec.172E-ssec.2) In this section— publicly available part , of the breeder register, means the part of the register containing the following information for a person who is a registered breeder or an accredited breeder of an approved entity— the person’s name; the person’s breeder ID number or accreditation number; the date the person’s registration or accreditation ends; the local government area in which— if the person is an individual—the person’s place of residence is located; or if the person is a body corporate—the body corporate’s place of business, head office or registered office is located; the person’s telephone number or email address, as decided by the person.\n- (a) the person’s name;\n- (b) the person’s breeder ID number or accreditation number;\n- (c) the date the person’s registration or accreditation ends;\n- (d) the local government area in which— (i) if the person is an individual—the person’s place of residence is located; or (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;\n- (i) if the person is an individual—the person’s place of residence is located; or\n- (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;\n- (e) the person’s telephone number or email address, as decided by the person.\n- (i) if the person is an individual—the person’s place of residence is located; or\n- (ii) if the person is a body corporate—the body corporate’s place of business, head office or registered office is located;","sortOrder":289},{"sectionNumber":"ch.7-pt.1-div.3","sectionType":"division","heading":"Inspection of registers","content":"## Inspection of registers","sortOrder":290},{"sectionNumber":"sec.173","sectionType":"section","heading":"Who may inspect regulated dog register","content":"### sec.173 Who may inspect regulated dog register\n\nThe following persons may inspect information kept in the regulated dog register—\nthe chief executive or a person engaged or employed by the chief executive to perform functions under this Act;\nthe chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act;\nan authorised person performing functions under this Act.\nThe following persons may inspect information about a particular regulated dog kept in the register—\nthe owner of the dog, to confirm details relating to the dog and its owner;\na person to whom the owner of the dog has given consent in writing, to confirm details relating to the dog and its owner;\na veterinary surgeon to confirm whether the dog the surgeon is treating or proposes to treat is a regulated dog;\na licence holder in offering or providing a PPID registry service, to confirm whether the dog is a regulated dog;\nthe operator of a pound or shelter, to confirm whether the dog is a regulated dog;\na person engaged or employed by a person referred to in paragraph (c) , (d) or (e) (each a relevant paragraph ) in carrying out the persons duties, for the purpose set out in the relevant paragraph.\nHowever, a person mentioned in subsection (2) may inspect the register only for the purpose applying to the person stated in the subsection.\ns 173 amd 2009 No. 17 s 311 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 s 17\n(sec.173-ssec.1) The following persons may inspect information kept in the regulated dog register— the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; an authorised person performing functions under this Act.\n(sec.173-ssec.2) The following persons may inspect information about a particular regulated dog kept in the register— the owner of the dog, to confirm details relating to the dog and its owner; a person to whom the owner of the dog has given consent in writing, to confirm details relating to the dog and its owner; a veterinary surgeon to confirm whether the dog the surgeon is treating or proposes to treat is a regulated dog; a licence holder in offering or providing a PPID registry service, to confirm whether the dog is a regulated dog; the operator of a pound or shelter, to confirm whether the dog is a regulated dog; a person engaged or employed by a person referred to in paragraph (c) , (d) or (e) (each a relevant paragraph ) in carrying out the persons duties, for the purpose set out in the relevant paragraph.\n(sec.173-ssec.3) However, a person mentioned in subsection (2) may inspect the register only for the purpose applying to the person stated in the subsection.\n- (a) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act;\n- (b) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act;\n- (c) an authorised person performing functions under this Act.\n- (a) the owner of the dog, to confirm details relating to the dog and its owner;\n- (b) a person to whom the owner of the dog has given consent in writing, to confirm details relating to the dog and its owner;\n- (c) a veterinary surgeon to confirm whether the dog the surgeon is treating or proposes to treat is a regulated dog;\n- (d) a licence holder in offering or providing a PPID registry service, to confirm whether the dog is a regulated dog;\n- (e) the operator of a pound or shelter, to confirm whether the dog is a regulated dog;\n- (f) a person engaged or employed by a person referred to in paragraph (c) , (d) or (e) (each a relevant paragraph ) in carrying out the persons duties, for the purpose set out in the relevant paragraph.","sortOrder":291},{"sectionNumber":"sec.173A","sectionType":"section","heading":"Who may inspect licence holder register","content":"### sec.173A Who may inspect licence holder register\n\nA person may, free of charge, inspect the information contained in the publicly available part of the licence holder register at the department’s head office during normal business hours.\ns 173A ins 2016 No. 28 s 18","sortOrder":292},{"sectionNumber":"sec.173B","sectionType":"section","heading":"Who may inspect breeder register","content":"### sec.173B Who may inspect breeder register\n\nThe following persons may inspect the information contained in the breeder register—\nthe chief executive or a person engaged, employed or appointed by the chief executive to perform functions under this Act or the Animal Care and Protection Act 2001 ;\nan individual employed by the Royal Society for the Prevention of Cruelty to Animals Queensland Incorporated who is appointed as an inspector under the Animal Care and Protection Act 2001 , section 114\nthe chief executive officer of a local government or a person engaged, employed or appointed by the local government to perform functions under this Act or the Animal Care and Protection Act 2001 ;\na police officer who is—\nmonitoring or enforcing compliance with this Act or the Animal Care and Protection Act 2001 ; or\nperforming the police officer’s functions in relation to an animal or an animal welfare offence;\nan authorised officer under the Racing Integrity Act 2016 who is performing the authorised officer’s functions in relation to an animal or an animal welfare offence.\nAlso, a person may, free of charge, inspect the information contained in the publicly available part of the breeder register at the department’s head office during normal business hours.\ns 173B ins 2016 No. 28 s 18\n(sec.173B-ssec.1) The following persons may inspect the information contained in the breeder register— the chief executive or a person engaged, employed or appointed by the chief executive to perform functions under this Act or the Animal Care and Protection Act 2001 ; an individual employed by the Royal Society for the Prevention of Cruelty to Animals Queensland Incorporated who is appointed as an inspector under the Animal Care and Protection Act 2001 , section 114 the chief executive officer of a local government or a person engaged, employed or appointed by the local government to perform functions under this Act or the Animal Care and Protection Act 2001 ; a police officer who is— monitoring or enforcing compliance with this Act or the Animal Care and Protection Act 2001 ; or performing the police officer’s functions in relation to an animal or an animal welfare offence; an authorised officer under the Racing Integrity Act 2016 who is performing the authorised officer’s functions in relation to an animal or an animal welfare offence.\n(sec.173B-ssec.2) Also, a person may, free of charge, inspect the information contained in the publicly available part of the breeder register at the department’s head office during normal business hours.\n- (a) the chief executive or a person engaged, employed or appointed by the chief executive to perform functions under this Act or the Animal Care and Protection Act 2001 ; Example of a person appointed to perform a function under the Animal Care and Protection Act 2001 — an individual employed by the Royal Society for the Prevention of Cruelty to Animals Queensland Incorporated who is appointed as an inspector under the Animal Care and Protection Act 2001 , section 114\n- (b) the chief executive officer of a local government or a person engaged, employed or appointed by the local government to perform functions under this Act or the Animal Care and Protection Act 2001 ;\n- (c) a police officer who is— (i) monitoring or enforcing compliance with this Act or the Animal Care and Protection Act 2001 ; or (ii) performing the police officer’s functions in relation to an animal or an animal welfare offence;\n- (i) monitoring or enforcing compliance with this Act or the Animal Care and Protection Act 2001 ; or\n- (ii) performing the police officer’s functions in relation to an animal or an animal welfare offence;\n- (d) an authorised officer under the Racing Integrity Act 2016 who is performing the authorised officer’s functions in relation to an animal or an animal welfare offence.\n- (i) monitoring or enforcing compliance with this Act or the Animal Care and Protection Act 2001 ; or\n- (ii) performing the police officer’s functions in relation to an animal or an animal welfare offence;","sortOrder":293},{"sectionNumber":"sec.173C","sectionType":"section","heading":"Personal information on breeder register","content":"### sec.173C Personal information on breeder register\n\nThis section applies if the chief executive is satisfied someone’s personal safety would be put at risk if particular information (for example, the person’s address or other contact details) were included in the breeder register.\nThe chief executive must ensure the information is not included in—\nthe publicly available part of the breeder register; or\na copy of information from the breeder register, whether or not the information is from the publicly available part of the register.\nAlso, despite section 172E (1) , the chief executive must ensure the information is not published on the online breeder registration system.\ns 173C ins 2016 No. 28 s 18\n(sec.173C-ssec.1) This section applies if the chief executive is satisfied someone’s personal safety would be put at risk if particular information (for example, the person’s address or other contact details) were included in the breeder register.\n(sec.173C-ssec.2) The chief executive must ensure the information is not included in— the publicly available part of the breeder register; or a copy of information from the breeder register, whether or not the information is from the publicly available part of the register.\n(sec.173C-ssec.3) Also, despite section 172E (1) , the chief executive must ensure the information is not published on the online breeder registration system.\n- (a) the publicly available part of the breeder register; or\n- (b) a copy of information from the breeder register, whether or not the information is from the publicly available part of the register.","sortOrder":294},{"sectionNumber":"sec.173D","sectionType":"section","heading":"Requesting copy of information","content":"### sec.173D Requesting copy of information\n\nA person who, under section 173 (2) , 173A or 173B (2) , inspects information kept in the register mentioned in that section, may ask for a copy of the information.\nSee section 173C in relation to personal information that must not be included in a copy of information from the breeder register.\nThe person asking for the copy must pay the fee decided by the chief executive for the copy.\nThe fee decided by the chief executive must not be more than the reasonable cost of producing the copy.\ns 173D ins 2016 No. 28 s 18\n(sec.173D-ssec.1) A person who, under section 173 (2) , 173A or 173B (2) , inspects information kept in the register mentioned in that section, may ask for a copy of the information. See section 173C in relation to personal information that must not be included in a copy of information from the breeder register.\n(sec.173D-ssec.2) The person asking for the copy must pay the fee decided by the chief executive for the copy.\n(sec.173D-ssec.3) The fee decided by the chief executive must not be more than the reasonable cost of producing the copy.","sortOrder":295},{"sectionNumber":"ch.7-pt.1-div.4","sectionType":"division","heading":"Giving of information","content":"## Giving of information","sortOrder":296},{"sectionNumber":"sec.174","sectionType":"section","heading":"Chief executive officer must give information","content":"### sec.174 Chief executive officer must give information\n\nThis section applies if a local government makes a regulated dog declaration for a dog in the local government’s area.\nThe chief executive officer of the local government must give the chief executive notice of the regulated dog declaration.\nThe notice must—\nbe given to the chief executive within 7 days after the regulated dog declaration is made for the dog; and\nstate all of the following information relating to the dog—\nthe information stated in the registration notice for the dog;\nthe information stated in an information notice given under section 95 about the decision to make the regulated dog declaration for the dog;\nany other information prescribed under a regulation.\ns 174 amd 2009 No. 17 s 312 ; 2024 No. 17 s 71\n(sec.174-ssec.1) This section applies if a local government makes a regulated dog declaration for a dog in the local government’s area.\n(sec.174-ssec.2) The chief executive officer of the local government must give the chief executive notice of the regulated dog declaration.\n(sec.174-ssec.3) The notice must— be given to the chief executive within 7 days after the regulated dog declaration is made for the dog; and state all of the following information relating to the dog— the information stated in the registration notice for the dog; the information stated in an information notice given under section 95 about the decision to make the regulated dog declaration for the dog; any other information prescribed under a regulation.\n- (a) be given to the chief executive within 7 days after the regulated dog declaration is made for the dog; and\n- (b) state all of the following information relating to the dog— (i) the information stated in the registration notice for the dog; (ii) the information stated in an information notice given under section 95 about the decision to make the regulated dog declaration for the dog; (iii) any other information prescribed under a regulation.\n- (i) the information stated in the registration notice for the dog;\n- (ii) the information stated in an information notice given under section 95 about the decision to make the regulated dog declaration for the dog;\n- (iii) any other information prescribed under a regulation.\n- (i) the information stated in the registration notice for the dog;\n- (ii) the information stated in an information notice given under section 95 about the decision to make the regulated dog declaration for the dog;\n- (iii) any other information prescribed under a regulation.","sortOrder":297},{"sectionNumber":"sec.175","sectionType":"section","heading":"Chief executive officer must give information about owner","content":"### sec.175 Chief executive officer must give information about owner\n\nThis section applies if an owner of a regulated dog gives the chief executive officer of the relevant local government for the dog notice under section 54 of changed information in relation to the dog.\nThe chief executive officer must, within 7 days after being given notice of the changed information, give the chief executive notice of the changed information.\ns 175 sub 2024 No. 17 s 72\n(sec.175-ssec.1) This section applies if an owner of a regulated dog gives the chief executive officer of the relevant local government for the dog notice under section 54 of changed information in relation to the dog.\n(sec.175-ssec.2) The chief executive officer must, within 7 days after being given notice of the changed information, give the chief executive notice of the changed information.","sortOrder":298},{"sectionNumber":"sec.176","sectionType":"section","heading":"Chief executive may ask for confirmation of particular information","content":"### sec.176 Chief executive may ask for confirmation of particular information\n\nThe chief executive may give notice (the request ) to the chief executive officer of a local government that the chief executive seeks a notice (the response ) about whether particular information is still accurate according to the records kept by the chief executive officer.\nThe request may be made only once in a period of 12 months.\nThe chief executive officer must give the chief executive the response within 28 days after receiving the request.\nIn this section—\ninformation means information—\nthe chief executive officer has already given the chief executive under section 174 or 175 ; and\nset out in the request.\n(sec.176-ssec.1) The chief executive may give notice (the request ) to the chief executive officer of a local government that the chief executive seeks a notice (the response ) about whether particular information is still accurate according to the records kept by the chief executive officer.\n(sec.176-ssec.2) The request may be made only once in a period of 12 months.\n(sec.176-ssec.3) The chief executive officer must give the chief executive the response within 28 days after receiving the request.\n(sec.176-ssec.4) In this section— information means information— the chief executive officer has already given the chief executive under section 174 or 175 ; and set out in the request.\n- (a) the chief executive officer has already given the chief executive under section 174 or 175 ; and\n- (b) set out in the request.","sortOrder":299},{"sectionNumber":"ch.7-pt.2","sectionType":"part","heading":"Registers kept by local government","content":"# Registers kept by local government","sortOrder":300},{"sectionNumber":"sec.177","sectionType":"section","heading":"Registers comprising dog registry","content":"### sec.177 Registers comprising dog registry\n\nThe chief executive officer of each local government must keep the following registers about dogs usually kept or proposed to be kept in the local government’s area—\na general register;\nanother register prescribed under a regulation.\nThe registers are collectively called the dog registry of the local government.\ns 177 amd 2013 No. 41 s 44\n(sec.177-ssec.1) The chief executive officer of each local government must keep the following registers about dogs usually kept or proposed to be kept in the local government’s area— a general register; another register prescribed under a regulation.\n(sec.177-ssec.2) The registers are collectively called the dog registry of the local government.\n- (a) a general register;\n- (b) another register prescribed under a regulation.","sortOrder":301},{"sectionNumber":"sec.178","sectionType":"section","heading":"General register","content":"### sec.178 General register\n\nThe general register must include all of the following information for each dog mentioned in section 177 (1) —\nthe information about the dog and its owner stated in a registration notice for the dog, given under section 49 ;\nif the dog is a regulated dog—\nthe information required to be stated in an information notice under section 95 (4) in relation to the dog; and\nthe number recorded on its collar, identification tag, registration tag or tattoo for desexing;\nother information the local government considers appropriate.\ns 178 amd 2013 No. 41 s 52 ; 2013 No. 41 s 48 (1) sch 1 pt 1 ; 2024 No. 17 s 73\n- (a) the information about the dog and its owner stated in a registration notice for the dog, given under section 49 ;\n- (b) if the dog is a regulated dog— (i) the information required to be stated in an information notice under section 95 (4) in relation to the dog; and (ii) the number recorded on its collar, identification tag, registration tag or tattoo for desexing;\n- (i) the information required to be stated in an information notice under section 95 (4) in relation to the dog; and\n- (ii) the number recorded on its collar, identification tag, registration tag or tattoo for desexing;\n- (c) other information the local government considers appropriate.\n- (i) the information required to be stated in an information notice under section 95 (4) in relation to the dog; and\n- (ii) the number recorded on its collar, identification tag, registration tag or tattoo for desexing;","sortOrder":302},{"sectionNumber":"sec.179","sectionType":"section","heading":"Public access to registers","content":"### sec.179 Public access to registers\n\nA local government must keep its dog registry open to inspection at the public office of the local government.\nHowever, subsection (1) does not apply for information about an owner of a dog required to be stated in a registration notice for the dog.\ns 179 amd 2013 No. 41 s 48 (1) , (3) sch 1 pts 1 , 3\n(sec.179-ssec.1) A local government must keep its dog registry open to inspection at the public office of the local government.\n(sec.179-ssec.2) However, subsection (1) does not apply for information about an owner of a dog required to be stated in a registration notice for the dog.","sortOrder":303},{"sectionNumber":"ch.8-pt.1","sectionType":"part","heading":"Internal review of decisions","content":"# Internal review of decisions","sortOrder":304},{"sectionNumber":"sec.180","sectionType":"section","heading":"Internal review process before external review","content":"### sec.180 Internal review process before external review\n\nEvery review of an original decision must be, in the first instance, by way of an application for internal review.\ns 180 sub 2009 No. 24 s 1262","sortOrder":305},{"sectionNumber":"sec.181","sectionType":"section","heading":"Who may apply for internal review","content":"### sec.181 Who may apply for internal review\n\nAn interested person for an original decision made by the chief executive under any of the following provisions may apply to the chief executive for an internal review of the decision (a designated review application )—\nchapter 2 , part 1 , division 3 , subdivision 3 ;\nchapter 2A , part 2 , division 4 ;\nchapter 2B , part 5 ;\nchapter 6 .\nAn interested person for an original decision made by a local government or authorised person appointed by a local government may apply to the chief executive officer of the local government for an internal review of the decision (a general review application ).\ns 181 amd 2009 No. 17 s 313 ; 2009 No. 24 s 1263 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 s 19 ; 2024 No. 17 s 192 s ch 1 pt 1\n(sec.181-ssec.1) An interested person for an original decision made by the chief executive under any of the following provisions may apply to the chief executive for an internal review of the decision (a designated review application )— chapter 2 , part 1 , division 3 , subdivision 3 ; chapter 2A , part 2 , division 4 ; chapter 2B , part 5 ; chapter 6 .\n(sec.181-ssec.2) An interested person for an original decision made by a local government or authorised person appointed by a local government may apply to the chief executive officer of the local government for an internal review of the decision (a general review application ).\n- (a) chapter 2 , part 1 , division 3 , subdivision 3 ;\n- (b) chapter 2A , part 2 , division 4 ;\n- (c) chapter 2B , part 5 ;\n- (d) chapter 6 .","sortOrder":306},{"sectionNumber":"sec.182","sectionType":"section","heading":"Requirements for making designated review application","content":"### sec.182 Requirements for making designated review application\n\nA designated review application must be—\nin the approved form; and\nsupported by enough information to enable the chief executive to decide the application; and\nmade within 14 days after the applicant is given the information notice about the original decision the subject of the application.\nHowever, the chief executive may, at any time, extend the time for making a designated review application.\ns 182 amd 2009 No. 17 s 314 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 s 20\n(sec.182-ssec.1) A designated review application must be— in the approved form; and supported by enough information to enable the chief executive to decide the application; and made within 14 days after the applicant is given the information notice about the original decision the subject of the application.\n(sec.182-ssec.2) However, the chief executive may, at any time, extend the time for making a designated review application.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the chief executive to decide the application; and\n- (c) made within 14 days after the applicant is given the information notice about the original decision the subject of the application.","sortOrder":307},{"sectionNumber":"sec.183","sectionType":"section","heading":"Requirements for making general review application","content":"### sec.183 Requirements for making general review application\n\nA general review application must be—\nin the approved form; and\nsupported by enough information to enable the chief executive officer to decide the application; and\nmade within 14 days after the applicant is given the information notice about the original decision the subject of the application.\nHowever, the chief executive officer may, at any time, extend the time for making a general review application.\ns 183 amd 2009 No. 17 s 315\n(sec.183-ssec.1) A general review application must be— in the approved form; and supported by enough information to enable the chief executive officer to decide the application; and made within 14 days after the applicant is given the information notice about the original decision the subject of the application.\n(sec.183-ssec.2) However, the chief executive officer may, at any time, extend the time for making a general review application.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the chief executive officer to decide the application; and\n- (c) made within 14 days after the applicant is given the information notice about the original decision the subject of the application.","sortOrder":308},{"sectionNumber":"sec.184","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.184 Stay of operation of original decision\n\nA designated review application or general review application does not stay the original decision the subject of the application.\nHowever the applicant may, immediately after being given the information notice for the original decision, apply, as provided under the QCAT Act , to QCAT for a stay of the original decision.\nQCAT may stay the original decision to secure the effectiveness of the internal review and a later application to QCAT for external review.\nA stay may be granted on conditions QCAT considers appropriate.\nHowever, if the original decision relates to a dangerous dog declaration, a condition must be imposed that each owner of, and responsible person for, the dog must, until the internal review and any external review and appeal are decided, ensure the requirements under schedule 1 , section 3 , are complied with for the dog the subject of the declaration.\nSee also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.\nThe period of the stay must not extend past the time when—\nif the chief executive makes a designated review decision about the original decision—the chief executive makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision; or\nif the chief executive officer of a local government makes an internal review decision about the original decision—the chief executive officer makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.\nA designated review application or general review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\ns 184 amd 2009 No. 17 s 316 ; 2009 No. 24 s 1264 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 ss 21 , 71 sch 1 ; 2024 No. 17 s 74\n(sec.184-ssec.1) A designated review application or general review application does not stay the original decision the subject of the application.\n(sec.184-ssec.2) However the applicant may, immediately after being given the information notice for the original decision, apply, as provided under the QCAT Act , to QCAT for a stay of the original decision.\n(sec.184-ssec.3) QCAT may stay the original decision to secure the effectiveness of the internal review and a later application to QCAT for external review.\n(sec.184-ssec.4) A stay may be granted on conditions QCAT considers appropriate.\n(sec.184-ssec.5) However, if the original decision relates to a dangerous dog declaration, a condition must be imposed that each owner of, and responsible person for, the dog must, until the internal review and any external review and appeal are decided, ensure the requirements under schedule 1 , section 3 , are complied with for the dog the subject of the declaration. See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.\n(sec.184-ssec.6) The period of the stay must not extend past the time when— if the chief executive makes a designated review decision about the original decision—the chief executive makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision; or if the chief executive officer of a local government makes an internal review decision about the original decision—the chief executive officer makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.\n(sec.184-ssec.7) A designated review application or general review application affects the original decision, or carrying out of the decision, only if the decision is stayed.\n- (a) if the chief executive makes a designated review decision about the original decision—the chief executive makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision; or\n- (b) if the chief executive officer of a local government makes an internal review decision about the original decision—the chief executive officer makes the decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.","sortOrder":309},{"sectionNumber":"sec.185","sectionType":"section","heading":"Designated review decision","content":"### sec.185 Designated review decision\n\nThe chief executive must, within 20 days after receiving a designated review application made under section 182 —\nconduct an internal review of the original decision the subject of the application; and\nmake a decision (the designated review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made by the chief executive personally.\nIf the designated review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the designated review decision.\nIf the designated review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the designated review decision.\ns 185 amd 2009 No. 24 s 1265 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 ss 22 , 71 sch 1 (amdt could not be given effect)\n(sec.185-ssec.1) The chief executive must, within 20 days after receiving a designated review application made under section 182 — conduct an internal review of the original decision the subject of the application; and make a decision (the designated review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.185-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.185-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive personally.\n(sec.185-ssec.4) If the designated review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the designated review decision.\n(sec.185-ssec.5) If the designated review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the designated review decision.\n- (a) conduct an internal review of the original decision the subject of the application; and\n- (b) make a decision (the designated review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to an original decision made by the chief executive personally.","sortOrder":310},{"sectionNumber":"sec.185A","sectionType":"section","heading":"Internal review of concurrent regulated dog declaration and destruction order","content":"### sec.185A Internal review of concurrent regulated dog declaration and destruction order\n\nThis section applies if—\nan interested person is given an information notice under section 127A (4) about a decision to make a regulated dog declaration and a decision to give a destruction order for a dog; and\nthe person makes a general review application for both the decisions.\nThe chief executive officer of a local government that received the application may conduct an internal review of the decisions at the same time under section 186 .\ns 185A ins 2013 No. 41 s 53\namd 2024 No. 17 s 75\n(sec.185A-ssec.1) This section applies if— an interested person is given an information notice under section 127A (4) about a decision to make a regulated dog declaration and a decision to give a destruction order for a dog; and the person makes a general review application for both the decisions.\n(sec.185A-ssec.2) The chief executive officer of a local government that received the application may conduct an internal review of the decisions at the same time under section 186 .\n- (a) an interested person is given an information notice under section 127A (4) about a decision to make a regulated dog declaration and a decision to give a destruction order for a dog; and\n- (b) the person makes a general review application for both the decisions.","sortOrder":311},{"sectionNumber":"sec.186","sectionType":"section","heading":"Other internal review decisions","content":"### sec.186 Other internal review decisions\n\nThe chief executive officer of a local government must, within 20 days after receiving a general review application made under section 183 —\nconduct an internal review of the original decision the subject of the application; and\nmake a decision (the internal review decision ) to—\nconfirm the original decision; or\namend the original decision; or\nsubstitute another decision for the original decision.\nThe application must not be dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nSubsection (2) —\napplies despite the Acts Interpretation Act 1954 , section 27A ; and\ndoes not apply to an original decision made by the chief executive officer of the local government personally.\nIf the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision.\nIf the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.\ns 186 amd 2009 No. 24 s 1266 ; 2016 No. 28 s 71 sch 1 (amdt could not be given effect)\n(sec.186-ssec.1) The chief executive officer of a local government must, within 20 days after receiving a general review application made under section 183 — conduct an internal review of the original decision the subject of the application; and make a decision (the internal review decision ) to— confirm the original decision; or amend the original decision; or substitute another decision for the original decision.\n(sec.186-ssec.2) The application must not be dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.186-ssec.3) Subsection (2) — applies despite the Acts Interpretation Act 1954 , section 27A ; and does not apply to an original decision made by the chief executive officer of the local government personally.\n(sec.186-ssec.4) If the internal review decision confirms the original decision, for the purpose of an application for external review, the original decision is taken to be the internal review decision.\n(sec.186-ssec.5) If the internal review decision amends the original decision, for the purpose of an application for external review, the original decision as amended is taken to be the internal review decision.\n- (a) conduct an internal review of the original decision the subject of the application; and\n- (b) make a decision (the internal review decision ) to— (i) confirm the original decision; or (ii) amend the original decision; or (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (i) confirm the original decision; or\n- (ii) amend the original decision; or\n- (iii) substitute another decision for the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) applies despite the Acts Interpretation Act 1954 , section 27A ; and\n- (b) does not apply to an original decision made by the chief executive officer of the local government personally.","sortOrder":312},{"sectionNumber":"sec.187","sectionType":"section","heading":"Notice of designated decision or internal review decision","content":"### sec.187 Notice of designated decision or internal review decision\n\nThe chief executive must, within 10 days after making a designated review decision, give the applicant notice (the review notice ) of the review decision.\nThe chief executive officer of a local government must, within 10 days after making an internal review decision, give the applicant notice (also the review notice ) of the internal review decision.\nIf the internal review decision or designated review decision is not the decision sought by the applicant, the review notice must include or be accompanied by a notice complying with the QCAT Act , section 157 (2) for the decision.\nIf the chief executive does not give the review notice within the 10 days, the chief executive is taken to have made a decision confirming the original decision.\nIf the chief executive officer of the local government does not give the review notice within the 10 days, the chief executive officer is taken to have made a decision confirming the original decision.\ns 187 amd 2009 No. 24 s 1267 ; 2015 No. 15 s 99 sch 1 ; 2016 No. 28 s 23\n(sec.187-ssec.1) The chief executive must, within 10 days after making a designated review decision, give the applicant notice (the review notice ) of the review decision.\n(sec.187-ssec.2) The chief executive officer of a local government must, within 10 days after making an internal review decision, give the applicant notice (also the review notice ) of the internal review decision.\n(sec.187-ssec.3) If the internal review decision or designated review decision is not the decision sought by the applicant, the review notice must include or be accompanied by a notice complying with the QCAT Act , section 157 (2) for the decision.\n(sec.187-ssec.4) If the chief executive does not give the review notice within the 10 days, the chief executive is taken to have made a decision confirming the original decision.\n(sec.187-ssec.5) If the chief executive officer of the local government does not give the review notice within the 10 days, the chief executive officer is taken to have made a decision confirming the original decision.","sortOrder":313},{"sectionNumber":"ch.8-pt.2","sectionType":"part","heading":"External reviews","content":"# External reviews","sortOrder":314},{"sectionNumber":"sec.188","sectionType":"section","heading":"Who may apply for external review","content":"### sec.188 Who may apply for external review\n\nA person who is given, or is entitled to be given, a review notice for a decision under part 1 may apply, as provided under the QCAT Act , for an external review of the decision.\ns 188 sub 2009 No. 24 s 1268","sortOrder":315},{"sectionNumber":"sec.189","sectionType":"section","heading":"Condition on stay granted by QCAT for particular decisions","content":"### sec.189 Condition on stay granted by QCAT for particular decisions\n\nThis section applies if a person makes an application for external review to QCAT for a decision about a dangerous dog declaration.\nIf, under the QCAT Act , section 22 (3) QCAT decides to grant a stay of the decision, QCAT must impose a condition on the stay that each of the following persons must, until the external review is decided, ensure the requirements under schedule 1 , section 3 are complied with for the dog the subject of the declaration—\nthe owner of the dog;\na responsible person for the dog.\nSee also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.\ns 189 amd 2009 No. 17 s 317\nsub 2009 No. 24 s 1268\namd 2016 No. 28 s 71 sch 1 ; 2024 No. 17 s 76\n(sec.189-ssec.1) This section applies if a person makes an application for external review to QCAT for a decision about a dangerous dog declaration.\n(sec.189-ssec.2) If, under the QCAT Act , section 22 (3) QCAT decides to grant a stay of the decision, QCAT must impose a condition on the stay that each of the following persons must, until the external review is decided, ensure the requirements under schedule 1 , section 3 are complied with for the dog the subject of the declaration— the owner of the dog; a responsible person for the dog. See also section 67 for the prohibition on supplying a regulated dog or a proposed declared dog.\n- (a) the owner of the dog;\n- (b) a responsible person for the dog.","sortOrder":316},{"sectionNumber":"ch.8-pt.3","sectionType":"part","heading":"Appeals","content":"# Appeals","sortOrder":317},{"sectionNumber":"sec.190","sectionType":"section","heading":"Appeal against QCAT decision on external review relating to destruction order only on question of law","content":"### sec.190 Appeal against QCAT decision on external review relating to destruction order only on question of law\n\nThis section applies in relation to a decision made by QCAT in a proceeding for the external review of a decision under section 127 , 127AA or 127A to make a destruction order in relation to a dog.\nAn appeal against QCAT’s decision in the proceeding may be made only on a question of law.\ns 190 prev s 190 amd 2009 No. 17 s 318\nom 2009 No. 24 s 1268\npres s 190 ins 2024 No. 17 s 17\namd 2024 No. 17 s 77\n(sec.190-ssec.1) This section applies in relation to a decision made by QCAT in a proceeding for the external review of a decision under section 127 , 127AA or 127A to make a destruction order in relation to a dog.\n(sec.190-ssec.2) An appeal against QCAT’s decision in the proceeding may be made only on a question of law.","sortOrder":318},{"sectionNumber":"ch.9-pt.1","sectionType":"part","heading":"General offences","content":"# General offences","sortOrder":319},{"sectionNumber":"sec.191","sectionType":"section","heading":"Definitions for part","content":"### sec.191 Definitions for part\n\nIn this part—\nanimal does not include vermin that are not the property of anyone.\na pet mouse or guinea pig\nvermin that are protected animals under the Nature Conservation Act 1992 , part 5 , division 3\ndog patrol category see the Security Providers Act 1993 , schedule 2 .\neffective control , of a dog, see section 192 .\nrelevant person , for a dog, means—\nthe owner of the dog; or\na responsible person for the dog.\nsecurity officer has the meaning given by the Security Providers Act 1993 , section 7 .\nsecurity patrol dog means a dog used in the dog patrol category of functions of a security officer.\nserious dog offence means an offence against any of the following provisions—\nsection 193 , if the circumstances mentioned in paragraph (a) , (b) , (c) or (d) of the penalty apply;\nsection 194 , if the circumstances mentioned in paragraph (a) , (b) , (c) or (d) of the penalty apply;\nsection 195 (1) , if the circumstances mentioned in paragraph (a) , (b) , (c) or (d) of the penalty apply.\ns 191 prev s 191 om 2009 No. 24 s 1268\npres s 191 ins 2024 No. 17 s 25\n- • a pet mouse or guinea pig\n- • vermin that are protected animals under the Nature Conservation Act 1992 , part 5 , division 3\n- (a) the owner of the dog; or\n- (b) a responsible person for the dog.\n- (a) section 193 , if the circumstances mentioned in paragraph (a) , (b) , (c) or (d) of the penalty apply;\n- (b) section 194 , if the circumstances mentioned in paragraph (a) , (b) , (c) or (d) of the penalty apply;\n- (c) section 195 (1) , if the circumstances mentioned in paragraph (a) , (b) , (c) or (d) of the penalty apply.","sortOrder":320},{"sectionNumber":"sec.192","sectionType":"section","heading":"What is effective control","content":"### sec.192 What is effective control\n\nA relevant person for a dog that is a regulated dog exercises effective control of the dog if—\nall of the following apply—\nthe person is physically able to control the dog;\nthe person is in control of only that dog;\neither—\nthe person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or\nthe dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or\nthe dog is being kept in an enclosed part of a vehicle and is enclosed or restrained in a way that prevents the dog, or any part of the dog, moving outside the enclosed part of the vehicle; or\nthe dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is—\nrecognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or\nrecognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website.\nA relevant person for a dog, other than a regulated dog, exercises effective control of the dog if—\nfor a dog in a public place that is an off-leash area—the person is able to supervise the dog and control the dog by using voice command; or\nfor a dog in another public place—\nthe person is physically able to control the dog; and\n1 of the following applies—\nthe person is restraining the dog by holding the dog by a leash, lead or other restraining device;\nthe dog is securely tethered to a fixed object and is under the continuous supervision of the person;\nthe dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or\nthe dog is being confined or tethered in, or on, a vehicle in a way that prevents the dog moving any part of its body beyond the vehicle; or\nthe dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is—\nrecognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or\nrecognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or\nthe dog is a government entity dog or security patrol dog performing the functions of that class of dog authorised under this Act or another Act; or\nthe dog is a working dog and is performing a function of being a working dog.\nIn this section—\noff-leash area means an area within a local government area where, under a local law, a responsible person for a dog is not required to be in control of the dog by using a leash, lead or other restraining device.\ns 192 prev s 192 om 2009 No. 24 s 1268\npres s 192 ins 2024 No. 17 s 25\n(sec.192-ssec.1) A relevant person for a dog that is a regulated dog exercises effective control of the dog if— all of the following apply— the person is physically able to control the dog; the person is in control of only that dog; either— the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or the dog is being kept in an enclosed part of a vehicle and is enclosed or restrained in a way that prevents the dog, or any part of the dog, moving outside the enclosed part of the vehicle; or the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website.\n(sec.192-ssec.2) A relevant person for a dog, other than a regulated dog, exercises effective control of the dog if— for a dog in a public place that is an off-leash area—the person is able to supervise the dog and control the dog by using voice command; or for a dog in another public place— the person is physically able to control the dog; and 1 of the following applies— the person is restraining the dog by holding the dog by a leash, lead or other restraining device; the dog is securely tethered to a fixed object and is under the continuous supervision of the person; the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or the dog is being confined or tethered in, or on, a vehicle in a way that prevents the dog moving any part of its body beyond the vehicle; or the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or the dog is a government entity dog or security patrol dog performing the functions of that class of dog authorised under this Act or another Act; or the dog is a working dog and is performing a function of being a working dog.\n(sec.192-ssec.3) In this section— off-leash area means an area within a local government area where, under a local law, a responsible person for a dog is not required to be in control of the dog by using a leash, lead or other restraining device.\n- (a) all of the following apply— (i) the person is physically able to control the dog; (ii) the person is in control of only that dog; (iii) either— (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or (B) the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or\n- (i) the person is physically able to control the dog;\n- (ii) the person is in control of only that dog;\n- (iii) either— (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or (B) the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or\n- (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or\n- (B) the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or\n- (b) the dog is being kept in an enclosed part of a vehicle and is enclosed or restrained in a way that prevents the dog, or any part of the dog, moving outside the enclosed part of the vehicle; or\n- (c) the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— (i) recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or (ii) recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website.\n- (i) recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or\n- (ii) recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website.\n- (i) the person is physically able to control the dog;\n- (ii) the person is in control of only that dog;\n- (iii) either— (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or (B) the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or\n- (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or\n- (B) the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or\n- (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or\n- (B) the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or\n- (i) recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or\n- (ii) recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website.\n- (a) for a dog in a public place that is an off-leash area—the person is able to supervise the dog and control the dog by using voice command; or\n- (b) for a dog in another public place— (i) the person is physically able to control the dog; and (ii) 1 of the following applies— (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device; (B) the dog is securely tethered to a fixed object and is under the continuous supervision of the person; (C) the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or\n- (i) the person is physically able to control the dog; and\n- (ii) 1 of the following applies— (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device; (B) the dog is securely tethered to a fixed object and is under the continuous supervision of the person; (C) the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or\n- (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device;\n- (B) the dog is securely tethered to a fixed object and is under the continuous supervision of the person;\n- (C) the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or\n- (c) the dog is being confined or tethered in, or on, a vehicle in a way that prevents the dog moving any part of its body beyond the vehicle; or\n- (d) the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— (i) recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or (ii) recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or\n- (i) recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or\n- (ii) recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or\n- (e) the dog is a government entity dog or security patrol dog performing the functions of that class of dog authorised under this Act or another Act; or\n- (f) the dog is a working dog and is performing a function of being a working dog.\n- (i) the person is physically able to control the dog; and\n- (ii) 1 of the following applies— (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device; (B) the dog is securely tethered to a fixed object and is under the continuous supervision of the person; (C) the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or\n- (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device;\n- (B) the dog is securely tethered to a fixed object and is under the continuous supervision of the person;\n- (C) the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or\n- (A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device;\n- (B) the dog is securely tethered to a fixed object and is under the continuous supervision of the person;\n- (C) the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or\n- (i) recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or\n- (ii) recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or","sortOrder":321},{"sectionNumber":"sec.193","sectionType":"section","heading":"Relevant person must exercise effective control of dog in public place","content":"### sec.193 Relevant person must exercise effective control of dog in public place\n\nA relevant person for a dog must, unless the person has a reasonable excuse, exercise effective control of the dog if the dog is in a public place.\nMaximum penalty—\nif the dog attacks a person and the attack causes the death of, or grievous bodily harm to, the person—\nif the dog is a regulated dog—600 penalty units or 2 years imprisonment; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or\notherwise—600 penalty units or 1 year’s imprisonment; or\nif the dog attacks an animal and the attack causes the death of the animal or maims the animal—\nif the dog is a regulated dog—500 penalty units; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or\notherwise—400 penalty units; or\nif the dog attacks a person and the attack causes bodily harm to the person—\nif the dog is a regulated dog—300 penalty units or 6 months imprisonment; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or\notherwise—300 penalty units; or\nif the dog attacks an animal and the attack wounds the animal—\nif the dog is a regulated dog—200 penalty units; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or\notherwise—150 penalty units; or\nif paragraphs (a) to (d) do not apply—\nif the dog is a regulated dog—100 penalty units; or\notherwise—50 penalty units.\ns 193 prev s 193 om 2009 No. 24 s 1268\npres s 193 ins 2024 No. 17 s 25\n- (a) if the dog attacks a person and the attack causes the death of, or grievous bodily harm to, the person— (i) if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or (iii) otherwise—600 penalty units or 1 year’s imprisonment; or\n- (i) if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or\n- (iii) otherwise—600 penalty units or 1 year’s imprisonment; or\n- (b) if the dog attacks an animal and the attack causes the death of the animal or maims the animal— (i) if the dog is a regulated dog—500 penalty units; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or (iii) otherwise—400 penalty units; or\n- (i) if the dog is a regulated dog—500 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or\n- (iii) otherwise—400 penalty units; or\n- (c) if the dog attacks a person and the attack causes bodily harm to the person— (i) if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or (iii) otherwise—300 penalty units; or\n- (i) if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or\n- (iii) otherwise—300 penalty units; or\n- (d) if the dog attacks an animal and the attack wounds the animal— (i) if the dog is a regulated dog—200 penalty units; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or (iii) otherwise—150 penalty units; or\n- (i) if the dog is a regulated dog—200 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or\n- (iii) otherwise—150 penalty units; or\n- (e) if paragraphs (a) to (d) do not apply— (i) if the dog is a regulated dog—100 penalty units; or (ii) otherwise—50 penalty units.\n- (i) if the dog is a regulated dog—100 penalty units; or\n- (ii) otherwise—50 penalty units.\n- (i) if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or\n- (iii) otherwise—600 penalty units or 1 year’s imprisonment; or\n- (i) if the dog is a regulated dog—500 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or\n- (iii) otherwise—400 penalty units; or\n- (i) if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or\n- (iii) otherwise—300 penalty units; or\n- (i) if the dog is a regulated dog—200 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or\n- (iii) otherwise—150 penalty units; or\n- (i) if the dog is a regulated dog—100 penalty units; or\n- (ii) otherwise—50 penalty units.","sortOrder":322},{"sectionNumber":"sec.194","sectionType":"section","heading":"Relevant person must ensure dog does not attack or cause fear","content":"### sec.194 Relevant person must ensure dog does not attack or cause fear\n\nA relevant person for a dog must take reasonable steps to ensure the dog does not attack, or act in a way that causes fear to, a person or an animal.\nMaximum penalty—\nif the attack causes the death of a person or grievous bodily harm to a person—\nif the dog is a regulated dog—600 penalty units or 2 years imprisonment; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or\notherwise—600 penalty units or 1 year’s imprisonment; or\nif the attack causes the death of an animal or maims an animal—\nif the dog is a regulated dog—500 penalty units; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or\notherwise—400 penalty units; or\nif the attack causes bodily harm to a person—\nif the dog is a regulated dog—300 penalty units or 6 months imprisonment; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or\notherwise—300 penalty units; or\nif the attack wounds an animal—\nif the dog is a regulated dog—200 penalty units; or\nif the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or\notherwise—150 penalty units; or\nif paragraphs (a) to (d) do not apply—\nif the dog is a regulated dog—100 penalty units; or\notherwise—50 penalty units.\ns 194 amd 2009 No. 17 s 319\nsub 2024 No. 17 s 26\n- (a) if the attack causes the death of a person or grievous bodily harm to a person— (i) if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or (iii) otherwise—600 penalty units or 1 year’s imprisonment; or\n- (i) if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or\n- (iii) otherwise—600 penalty units or 1 year’s imprisonment; or\n- (b) if the attack causes the death of an animal or maims an animal— (i) if the dog is a regulated dog—500 penalty units; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or (iii) otherwise—400 penalty units; or\n- (i) if the dog is a regulated dog—500 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or\n- (iii) otherwise—400 penalty units; or\n- (c) if the attack causes bodily harm to a person— (i) if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or (iii) otherwise—300 penalty units; or\n- (i) if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or\n- (iii) otherwise—300 penalty units; or\n- (d) if the attack wounds an animal— (i) if the dog is a regulated dog—200 penalty units; or (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or (iii) otherwise—150 penalty units; or\n- (i) if the dog is a regulated dog—200 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or\n- (iii) otherwise—150 penalty units; or\n- (e) if paragraphs (a) to (d) do not apply— (i) if the dog is a regulated dog—100 penalty units; or (ii) otherwise—50 penalty units.\n- (i) if the dog is a regulated dog—100 penalty units; or\n- (ii) otherwise—50 penalty units.\n- (i) if the dog is a regulated dog—600 penalty units or 2 years imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units or 2 years imprisonment; or\n- (iii) otherwise—600 penalty units or 1 year’s imprisonment; or\n- (i) if the dog is a regulated dog—500 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or\n- (iii) otherwise—400 penalty units; or\n- (i) if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or\n- (iii) otherwise—300 penalty units; or\n- (i) if the dog is a regulated dog—200 penalty units; or\n- (ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or\n- (iii) otherwise—150 penalty units; or\n- (i) if the dog is a regulated dog—100 penalty units; or\n- (ii) otherwise—50 penalty units.","sortOrder":323},{"sectionNumber":"sec.195","sectionType":"section","heading":"Prohibition on allowing or encouraging dog to attack or cause fear","content":"### sec.195 Prohibition on allowing or encouraging dog to attack or cause fear\n\nA person must not allow or encourage a dog to attack, or act in a way that causes fear to, a person or an animal.\nMaximum penalty—\nif the attack causes the death of a person or grievous bodily harm to a person—\nif the dog is a regulated dog—700 penalty units or 3 years imprisonment; or\nif the person has been convicted of a serious dog offence within the preceding 5 years—700 penalty units or 3 years imprisonment; or\notherwise—700 penalty units or 2 years imprisonment; or\nif the attack causes the death of an animal or maims an animal—\nif the dog is a regulated dog—600 penalty units; or\nif the person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units; or\notherwise—500 penalty units; or\nif the attack causes bodily harm to a person—\nif the dog is a regulated dog—400 penalty units or 2 years imprisonment; or\nif the person has been convicted of a serious dog offence within the preceding 5 years—400 penalty units or 2 years imprisonment; or\notherwise—400 penalty units; or\nif the attack wounds an animal—\nif the dog is a regulated dog—300 penalty units; or\nif the person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units; or\notherwise—200 penalty units; or\nif paragraphs (a) to (d) do not apply—\nif the dog is a regulated dog—150 penalty units; or\notherwise—75 penalty units.\nIn this section—\nencourage , without limiting the Criminal Code , sections 7 and 8 , includes cause to encourage.\ns 195 sub 2009 No. 17 s 320\namd 2016 No. 28 s 71 sch 1 (amdt could not be given effect)\nsub 2024 No. 17 s 26\n(sec.195-ssec.1) A person must not allow or encourage a dog to attack, or act in a way that causes fear to, a person or an animal. Maximum penalty— if the attack causes the death of a person or grievous bodily harm to a person— if the dog is a regulated dog—700 penalty units or 3 years imprisonment; or if the person has been convicted of a serious dog offence within the preceding 5 years—700 penalty units or 3 years imprisonment; or otherwise—700 penalty units or 2 years imprisonment; or if the attack causes the death of an animal or maims an animal— if the dog is a regulated dog—600 penalty units; or if the person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units; or otherwise—500 penalty units; or if the attack causes bodily harm to a person— if the dog is a regulated dog—400 penalty units or 2 years imprisonment; or if the person has been convicted of a serious dog offence within the preceding 5 years—400 penalty units or 2 years imprisonment; or otherwise—400 penalty units; or if the attack wounds an animal— if the dog is a regulated dog—300 penalty units; or if the person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units; or otherwise—200 penalty units; or if paragraphs (a) to (d) do not apply— if the dog is a regulated dog—150 penalty units; or otherwise—75 penalty units.\n(sec.195-ssec.2) In this section— encourage , without limiting the Criminal Code , sections 7 and 8 , includes cause to encourage.\n- (a) if the attack causes the death of a person or grievous bodily harm to a person— (i) if the dog is a regulated dog—700 penalty units or 3 years imprisonment; or (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—700 penalty units or 3 years imprisonment; or (iii) otherwise—700 penalty units or 2 years imprisonment; or\n- (i) if the dog is a regulated dog—700 penalty units or 3 years imprisonment; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—700 penalty units or 3 years imprisonment; or\n- (iii) otherwise—700 penalty units or 2 years imprisonment; or\n- (b) if the attack causes the death of an animal or maims an animal— (i) if the dog is a regulated dog—600 penalty units; or (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units; or (iii) otherwise—500 penalty units; or\n- (i) if the dog is a regulated dog—600 penalty units; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units; or\n- (iii) otherwise—500 penalty units; or\n- (c) if the attack causes bodily harm to a person— (i) if the dog is a regulated dog—400 penalty units or 2 years imprisonment; or (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—400 penalty units or 2 years imprisonment; or (iii) otherwise—400 penalty units; or\n- (i) if the dog is a regulated dog—400 penalty units or 2 years imprisonment; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—400 penalty units or 2 years imprisonment; or\n- (iii) otherwise—400 penalty units; or\n- (d) if the attack wounds an animal— (i) if the dog is a regulated dog—300 penalty units; or (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units; or (iii) otherwise—200 penalty units; or\n- (i) if the dog is a regulated dog—300 penalty units; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units; or\n- (iii) otherwise—200 penalty units; or\n- (e) if paragraphs (a) to (d) do not apply— (i) if the dog is a regulated dog—150 penalty units; or (ii) otherwise—75 penalty units.\n- (i) if the dog is a regulated dog—150 penalty units; or\n- (ii) otherwise—75 penalty units.\n- (i) if the dog is a regulated dog—700 penalty units or 3 years imprisonment; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—700 penalty units or 3 years imprisonment; or\n- (iii) otherwise—700 penalty units or 2 years imprisonment; or\n- (i) if the dog is a regulated dog—600 penalty units; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units; or\n- (iii) otherwise—500 penalty units; or\n- (i) if the dog is a regulated dog—400 penalty units or 2 years imprisonment; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—400 penalty units or 2 years imprisonment; or\n- (iii) otherwise—400 penalty units; or\n- (i) if the dog is a regulated dog—300 penalty units; or\n- (ii) if the person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units; or\n- (iii) otherwise—200 penalty units; or\n- (i) if the dog is a regulated dog—150 penalty units; or\n- (ii) otherwise—75 penalty units.","sortOrder":324},{"sectionNumber":"sec.196","sectionType":"section","heading":"Defences for offence against s 193 , 194 or 195","content":"### sec.196 Defences for offence against s 193 , 194 or 195\n\nIt is a defence to a prosecution for an offence against section 193 , 194 or 195 for the defendant to prove—\nthe dog attacked, or acted in a way that caused fear to, the other person (the complainant ) or the animal—\nas a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or\nto protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or\nfor an attack on an animal, the dog was engaged in hunting the animal on private property when the offence happened; or\nfor an attack on stock, the dog is a working dog and the offence happened when the stock were being worked; or\nthe dog is a government entity dog and when the offence happened the defendant was acting within the scope of employment by the government entity; or\nwhen the offence happened, the dog was a security patrol dog carrying out that function under the Security Providers Act 1993 .\ns 196 sub 2009 No. 17 s 320\namd 2024 No. 17 s 27\n- (a) the dog attacked, or acted in a way that caused fear to, the other person (the complainant ) or the animal— (i) as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or (ii) to protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or\n- (i) as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or\n- (ii) to protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or\n- (b) for an attack on an animal, the dog was engaged in hunting the animal on private property when the offence happened; or\n- (c) for an attack on stock, the dog is a working dog and the offence happened when the stock were being worked; or\n- (d) the dog is a government entity dog and when the offence happened the defendant was acting within the scope of employment by the government entity; or\n- (e) when the offence happened, the dog was a security patrol dog carrying out that function under the Security Providers Act 1993 .\n- (i) as a result of the dog being attacked, mistreated, provoked or teased by the complainant or the animal; or\n- (ii) to protect the defendant, or a person accompanying the defendant (the accompanying person ), or the defendant’s or accompanying person’s property; or","sortOrder":325},{"sectionNumber":"sec.196A","sectionType":"section","heading":"Application of part to prohibited dogs","content":"### sec.196A Application of part to prohibited dogs\n\nThis part applies in relation to a prohibited dog as if a reference in this part to a regulated dog included a reference to a prohibited dog.\nSee also chapter 4A for other offences in relation to prohibited dogs.\ns 196A ins 2024 No. 17 s 78","sortOrder":326},{"sectionNumber":"ch.9-pt.2","sectionType":"part","heading":"Greyhounds","content":"# Greyhounds","sortOrder":327},{"sectionNumber":"sec.197","sectionType":"section","heading":"Muzzling decommissioned greyhounds in public places","content":"### sec.197 Muzzling decommissioned greyhounds in public places\n\nThis section applies to an owner of a decommissioned greyhound if a local law requires it to be muzzled when in a public place.\nThe requirement does not apply to the owner.\nIn this section—\ndecommissioned greyhound means a greyhound that—\nis not a regulated dog; and\nhas successfully completed a program prescribed under a regulation.\ns 197 amd 2024 No. 17 s 79\n(sec.197-ssec.1) This section applies to an owner of a decommissioned greyhound if a local law requires it to be muzzled when in a public place.\n(sec.197-ssec.2) The requirement does not apply to the owner.\n(sec.197-ssec.3) In this section— decommissioned greyhound means a greyhound that— is not a regulated dog; and has successfully completed a program prescribed under a regulation.\n- (a) is not a regulated dog; and\n- (b) has successfully completed a program prescribed under a regulation.","sortOrder":328},{"sectionNumber":"ch.9-pt.2A","sectionType":"part","heading":"Destruction of particular dogs","content":"# Destruction of particular dogs","sortOrder":329},{"sectionNumber":"sec.197A","sectionType":"section","heading":"Destruction of particular dogs","content":"### sec.197A Destruction of particular dogs\n\nThis section applies if—\nan animal is a designated animal under the Biosecurity Act 2014 , other than a bee, pig or designated bird; and\nthe animal is on an area of land zoned rural land under the Land Valuation Act 2010 , section 10 ; and\n1 or more owners of the land, or an authorised person, reasonably believes a dog on the land—\nis not under someone’s control; and\nis attacking, or is about to attack, the animal.\nEach of the following persons may destroy the dog—\neach owner of the land who has that belief;\nan authorised person.\nTo remove any doubt, it is declared that a person mentioned in subsection (2) may, as well as or instead of acting personally, use an agent or assistant, or both, in destroying the dog.\nCompensation is not payable for the destruction.\nIn this section—\nowner , of land, includes a person in charge of an animal, that is stock, on the land.\nperson in charge , of an animal, see the Animal Care and Protection Act 2001 , section 12 .\ns 197A ins 2015 No. 15 s 37\namd 2016 No. 28 s 24\n(sec.197A-ssec.1) This section applies if— an animal is a designated animal under the Biosecurity Act 2014 , other than a bee, pig or designated bird; and the animal is on an area of land zoned rural land under the Land Valuation Act 2010 , section 10 ; and 1 or more owners of the land, or an authorised person, reasonably believes a dog on the land— is not under someone’s control; and is attacking, or is about to attack, the animal.\n(sec.197A-ssec.2) Each of the following persons may destroy the dog— each owner of the land who has that belief; an authorised person.\n(sec.197A-ssec.3) To remove any doubt, it is declared that a person mentioned in subsection (2) may, as well as or instead of acting personally, use an agent or assistant, or both, in destroying the dog.\n(sec.197A-ssec.4) Compensation is not payable for the destruction.\n(sec.197A-ssec.5) In this section— owner , of land, includes a person in charge of an animal, that is stock, on the land. person in charge , of an animal, see the Animal Care and Protection Act 2001 , section 12 .\n- (a) an animal is a designated animal under the Biosecurity Act 2014 , other than a bee, pig or designated bird; and\n- (b) the animal is on an area of land zoned rural land under the Land Valuation Act 2010 , section 10 ; and\n- (c) 1 or more owners of the land, or an authorised person, reasonably believes a dog on the land— (i) is not under someone’s control; and (ii) is attacking, or is about to attack, the animal.\n- (i) is not under someone’s control; and\n- (ii) is attacking, or is about to attack, the animal.\n- (i) is not under someone’s control; and\n- (ii) is attacking, or is about to attack, the animal.\n- (a) each owner of the land who has that belief;\n- (b) an authorised person.","sortOrder":330},{"sectionNumber":"ch.9-pt.3","sectionType":"part","heading":"Legal provisions","content":"# Legal provisions","sortOrder":331},{"sectionNumber":"ch.9-pt.3-div.1","sectionType":"division","heading":"Evidence generally","content":"## Evidence generally","sortOrder":332},{"sectionNumber":"sec.198","sectionType":"section","heading":"Evidentiary value of copies","content":"### sec.198 Evidentiary value of copies\n\nThis section applies to a copy of a document that—\npurports to be made under the authority of a local government or its mayor; and\npurports to be verified by the mayor or an employee who is authorised by the local government.\nThe copy of the document is evidence in any proceedings as if the copy were the original of the document.\n(sec.198-ssec.1) This section applies to a copy of a document that— purports to be made under the authority of a local government or its mayor; and purports to be verified by the mayor or an employee who is authorised by the local government.\n(sec.198-ssec.2) The copy of the document is evidence in any proceedings as if the copy were the original of the document.\n- (a) purports to be made under the authority of a local government or its mayor; and\n- (b) purports to be verified by the mayor or an employee who is authorised by the local government.","sortOrder":333},{"sectionNumber":"sec.199","sectionType":"section","heading":"Evidentiary value of certificates","content":"### sec.199 Evidentiary value of certificates\n\nThis section applies to a certificate that—\npurports to be about the state of, or a fact in, a record of the local government; and\npurports to be signed by the chief executive officer.\nThe certificate is evidence of the matters contained in the certificate.\n(sec.199-ssec.1) This section applies to a certificate that— purports to be about the state of, or a fact in, a record of the local government; and purports to be signed by the chief executive officer.\n(sec.199-ssec.2) The certificate is evidence of the matters contained in the certificate.\n- (a) purports to be about the state of, or a fact in, a record of the local government; and\n- (b) purports to be signed by the chief executive officer.","sortOrder":334},{"sectionNumber":"sec.199A","sectionType":"section","heading":"Evidentiary aid—certificate by chief executive","content":"### sec.199A Evidentiary aid—certificate by chief executive\n\nA certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter—\nwhether or not a person has applied under section 43F to be registered as a breeder and, if the person has applied, the date the application was made;\non a stated day, or during a stated period, a person was or was not a registered breeder;\non a stated day, a person’s registration as a registered breeder—\nwas suspended; or\nwas suspended for a stated period;\non a stated day, a person’s registration as a registered breeder was cancelled;\nthe designated details of a registered breeder or an accredited breeder of an approved entity as recorded in the breeder register on a stated day.\ns 199A ins 2016 No. 28 s 25\n- (a) whether or not a person has applied under section 43F to be registered as a breeder and, if the person has applied, the date the application was made;\n- (b) on a stated day, or during a stated period, a person was or was not a registered breeder;\n- (c) on a stated day, a person’s registration as a registered breeder— (i) was suspended; or (ii) was suspended for a stated period;\n- (i) was suspended; or\n- (ii) was suspended for a stated period;\n- (d) on a stated day, a person’s registration as a registered breeder was cancelled;\n- (e) the designated details of a registered breeder or an accredited breeder of an approved entity as recorded in the breeder register on a stated day.\n- (i) was suspended; or\n- (ii) was suspended for a stated period;","sortOrder":335},{"sectionNumber":"ch.9-pt.3-div.2","sectionType":"division","heading":"Evidence for proceedings","content":"## Evidence for proceedings","sortOrder":336},{"sectionNumber":"sec.200","sectionType":"section","heading":"Application of div 2","content":"### sec.200 Application of div 2\n\nThis division applies to a proceeding under or in relation to this Act.","sortOrder":337},{"sectionNumber":"sec.201","sectionType":"section","heading":"Appointments and authority","content":"### sec.201 Appointments and authority\n\nThe following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—\nthe appointment of an authorised person;\nthe power of an authorised person to do anything under chapter 5 .\n- (a) the appointment of an authorised person;\n- (b) the power of an authorised person to do anything under chapter 5 .","sortOrder":338},{"sectionNumber":"sec.202","sectionType":"section","heading":null,"content":"### Section sec.202\n\ns 202 om 2010 No. 35 s 8","sortOrder":339},{"sectionNumber":"sec.203","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.203 Other evidentiary aids\n\nFor applying section 198 for the proceeding, a record of a local government is taken to include—\na thing as follows given, issued, kept or made under this chapter or chapter 5 —\nan appointment;\na decision or record;\nthe local government’s dog registry;\na regulated dog declaration;\na proposed declaration notice, compliance notice or other notice;\na destruction order; and\nanother document kept under this Act; and\na statement that on a stated day—\na stated person was given a stated decision, declaration, notice or order; or\na stated requirement under chapter 4 or 5 was made of a stated person.\nThis section does not limit section 198 .\ns 203 amd 2013 No. 41 s 48 (3) sch 1 pt 3 ; 2024 No. 17 s 80\n(sec.203-ssec.1) For applying section 198 for the proceeding, a record of a local government is taken to include— a thing as follows given, issued, kept or made under this chapter or chapter 5 — an appointment; a decision or record; the local government’s dog registry; a regulated dog declaration; a proposed declaration notice, compliance notice or other notice; a destruction order; and another document kept under this Act; and a statement that on a stated day— a stated person was given a stated decision, declaration, notice or order; or a stated requirement under chapter 4 or 5 was made of a stated person.\n(sec.203-ssec.2) This section does not limit section 198 .\n- (a) a thing as follows given, issued, kept or made under this chapter or chapter 5 — (i) an appointment; (ii) a decision or record; (iii) the local government’s dog registry; (iv) a regulated dog declaration; (v) a proposed declaration notice, compliance notice or other notice; (vi) a destruction order; and\n- (i) an appointment;\n- (ii) a decision or record;\n- (iii) the local government’s dog registry;\n- (iv) a regulated dog declaration;\n- (v) a proposed declaration notice, compliance notice or other notice;\n- (vi) a destruction order; and\n- (b) another document kept under this Act; and\n- (c) a statement that on a stated day— (i) a stated person was given a stated decision, declaration, notice or order; or (ii) a stated requirement under chapter 4 or 5 was made of a stated person.\n- (i) a stated person was given a stated decision, declaration, notice or order; or\n- (ii) a stated requirement under chapter 4 or 5 was made of a stated person.\n- (i) an appointment;\n- (ii) a decision or record;\n- (iii) the local government’s dog registry;\n- (iv) a regulated dog declaration;\n- (v) a proposed declaration notice, compliance notice or other notice;\n- (vi) a destruction order; and\n- (i) a stated person was given a stated decision, declaration, notice or order; or\n- (ii) a stated requirement under chapter 4 or 5 was made of a stated person.","sortOrder":340},{"sectionNumber":"ch.9-pt.3-div.3","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":341},{"sectionNumber":"sec.204","sectionType":"section","heading":"False or misleading information","content":"### sec.204 False or misleading information\n\nA person (the relevant person ) commits an offence if the relevant person gives, either orally or in a document, the following persons information the relevant person knows is false or misleading in a material particular—\nthe chief executive;\na chief executive officer of a local government;\nan authorised person;\nan authorised implanter;\na licence holder.\nMaximum penalty—100 penalty units.\n- (a) the chief executive;\n- (b) a chief executive officer of a local government;\n- (c) an authorised person;\n- (d) an authorised implanter;\n- (e) a licence holder.","sortOrder":342},{"sectionNumber":"ch.9-pt.4","sectionType":"part","heading":"Delegation of powers","content":"# Delegation of powers","sortOrder":343},{"sectionNumber":"sec.205","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.205 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer of the department.\nIn this section—\nappropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.\nthe officer’s classification level in the department\nfunctions includes powers.\n(sec.205-ssec.1) The chief executive may delegate the chief executive’s functions under this Act to an appropriately qualified officer of the department.\n(sec.205-ssec.2) In this section— appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power. the officer’s classification level in the department functions includes powers.","sortOrder":344},{"sectionNumber":"sec.206","sectionType":"section","heading":"Delegation by chief executive officer","content":"### sec.206 Delegation by chief executive officer\n\nThe chief executive officer of a local government may delegate the chief executive officer’s functions under this Act to an appropriately qualified officer of the local government.\nIn this section—\nappropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power.\nthe officer’s classification level in the local government\nfunctions includes powers.\ns 206 amd 2009 No. 17 s 321\n(sec.206-ssec.1) The chief executive officer of a local government may delegate the chief executive officer’s functions under this Act to an appropriately qualified officer of the local government.\n(sec.206-ssec.2) In this section— appropriately qualified means having the qualifications, experience or standing appropriate to the exercise of the power. the officer’s classification level in the local government functions includes powers.","sortOrder":345},{"sectionNumber":"ch.9-pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":346},{"sectionNumber":"sec.207","sectionType":"section","heading":"References to right to enter","content":"### sec.207 References to right to enter\n\nA right under this Act to enter a place includes the right to—\nleave and re-enter the place from time to time; and\nremain on the place for the time necessary to achieve the purpose of the entry.\nSee section 123 for the powers an authorised person may exercise after entering a place.\ns 207 amd 2016 No. 28 s 71 sch 1\n- (a) leave and re-enter the place from time to time; and\n- (b) remain on the place for the time necessary to achieve the purpose of the entry. Note— See section 123 for the powers an authorised person may exercise after entering a place.","sortOrder":347},{"sectionNumber":"sec.207A","sectionType":"section","heading":"Chief executive (transport) must disclose information","content":"### sec.207A Chief executive (transport) must disclose information\n\nThis section applies if—\nan authorised person is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about a prescribed offence, to identify the relevant person for a dog; and\nthe authorised person asks the chief executive (transport) for the information.\nThe chief executive (transport) must disclose the information to the authorised person if—\nthe chief executive (transport) reasonably considers that the information may be used to identify the relevant person; or\nthe disclosure is authorised by the person to whom the information relates.\nIn this section—\nchief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered.\nprescribed offence means an offence against section 193 , 194 or 195 involving an attack by a dog, if the attack—\ncauses the death of, or grievous bodily harm or bodily harm to, a person; or\ncauses the death of an animal, or maims or wounds an animal.\nrelevant person , for a dog, means the owner of the dog or any responsible person for the dog.\nvehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995 .\ns 207A ins 2012 No. 3 s 4\namd 2024 No. 17 s 28\n(sec.207A-ssec.1) This section applies if— an authorised person is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about a prescribed offence, to identify the relevant person for a dog; and the authorised person asks the chief executive (transport) for the information.\n(sec.207A-ssec.2) The chief executive (transport) must disclose the information to the authorised person if— the chief executive (transport) reasonably considers that the information may be used to identify the relevant person; or the disclosure is authorised by the person to whom the information relates.\n(sec.207A-ssec.3) In this section— chief executive (transport) means the chief executive of the department in which the Transport Operations (Road Use Management) Act 1995 is administered. prescribed offence means an offence against section 193 , 194 or 195 involving an attack by a dog, if the attack— causes the death of, or grievous bodily harm or bodily harm to, a person; or causes the death of an animal, or maims or wounds an animal. relevant person , for a dog, means the owner of the dog or any responsible person for the dog. vehicle registry information means information kept in the register of registered vehicles under a regulation under the Transport Operations (Road Use Management) Act 1995 .\n- (a) an authorised person is reasonably satisfied that vehicle registry information may be used, in an investigation under this Act about a prescribed offence, to identify the relevant person for a dog; and\n- (b) the authorised person asks the chief executive (transport) for the information.\n- (a) the chief executive (transport) reasonably considers that the information may be used to identify the relevant person; or\n- (b) the disclosure is authorised by the person to whom the information relates.\n- (a) causes the death of, or grievous bodily harm or bodily harm to, a person; or\n- (b) causes the death of an animal, or maims or wounds an animal.","sortOrder":348},{"sectionNumber":"sec.207B","sectionType":"section","heading":"Sharing of information with particular persons","content":"### sec.207B Sharing of information with particular persons\n\nThe chief executive may give information obtained under chapter 2A or 2B in the following circumstances—\nto an inspector appointed under the Animal Care and Protection Act 2001 if the chief executive reasonably believes the information will help the inspector to perform the inspector’s functions under that Act;\nto an authorised officer appointed under the Animal Care and Protection Act 2001 if the chief executive reasonably believes the information will help the authorised officer to perform the authorised officer’s functions under that Act;\nto a police officer if the chief executive reasonably believes the information will help the police officer to perform the police officer’s functions in relation to an animal or an animal welfare offence;\nto the chief executive officer of a local government if the chief executive reasonably believes the information will help a person engaged, employed or appointed by the local government to perform a function under this Act or the Animal Care and Protection Act 2001 ;\nto an authorised officer appointed under the Racing Integrity Act 2016 if the chief executive reasonably believes the information will help the authorised officer to perform the authorised officer’s functions under that Act.\ns 207B ins 2016 No. 28 s 26\n- (a) to an inspector appointed under the Animal Care and Protection Act 2001 if the chief executive reasonably believes the information will help the inspector to perform the inspector’s functions under that Act;\n- (b) to an authorised officer appointed under the Animal Care and Protection Act 2001 if the chief executive reasonably believes the information will help the authorised officer to perform the authorised officer’s functions under that Act;\n- (c) to a police officer if the chief executive reasonably believes the information will help the police officer to perform the police officer’s functions in relation to an animal or an animal welfare offence;\n- (d) to the chief executive officer of a local government if the chief executive reasonably believes the information will help a person engaged, employed or appointed by the local government to perform a function under this Act or the Animal Care and Protection Act 2001 ;\n- (e) to an authorised officer appointed under the Racing Integrity Act 2016 if the chief executive reasonably believes the information will help the authorised officer to perform the authorised officer’s functions under that Act.","sortOrder":349},{"sectionNumber":"sec.207C","sectionType":"section","heading":"Use of information by particular persons","content":"### sec.207C Use of information by particular persons\n\nThis section applies to—\na person who obtains information under section 173B (1) ; or\na person to whom information is given under section 207B .\nThe person may use the information to perform a function the person has—\nunder this Act, the Animal Care and Protection Act 2001 or the Racing Integrity Act 2016 , including, for example, monitoring or enforcing compliance with any of those Acts; or\nif the person is a police officer—in relation to an animal or an animal welfare offence.\ns 207C ins 2016 No. 28 s 26\n(sec.207C-ssec.1) This section applies to— a person who obtains information under section 173B (1) ; or a person to whom information is given under section 207B .\n(sec.207C-ssec.2) The person may use the information to perform a function the person has— under this Act, the Animal Care and Protection Act 2001 or the Racing Integrity Act 2016 , including, for example, monitoring or enforcing compliance with any of those Acts; or if the person is a police officer—in relation to an animal or an animal welfare offence.\n- (a) a person who obtains information under section 173B (1) ; or\n- (b) a person to whom information is given under section 207B .\n- (a) under this Act, the Animal Care and Protection Act 2001 or the Racing Integrity Act 2016 , including, for example, monitoring or enforcing compliance with any of those Acts; or\n- (b) if the person is a police officer—in relation to an animal or an animal welfare offence.","sortOrder":350},{"sectionNumber":"sec.207D","sectionType":"section","heading":"Recovery of seizure or destruction costs","content":"### sec.207D Recovery of seizure or destruction costs\n\nThis section applies if a local government has incurred a cost for an authorised person appointed by it to—\ntake possession of, or move, a regulated dog or prohibited dog that, under chapter 5 , part 4 , has been seized (a seized dog ); or\ntake action to restrict access to a seized dog; or\nprovide a seized dog with accommodation, food, rest, water or other living conditions; or\narrange veterinary or other treatment for a seized dog; or\ndestroy a seized dog under section 127 , 127AA or 127A .\nThe local government may recover the cost from the dog’s owner or former owner if the incurring of the cost was necessary and reasonable.\nIn considering whether the cost was necessary and reasonable, regard must be had to any surrender of the dog to the local government.\nThe cost may be claimed and ordered in a proceeding—\nto recover a debt of the amount; or\nfor an offence against this chapter to which the claim relates.\nThis section does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.\ns 207D (prev s 102) amd 2024 No. 17 s 58 (1) – (2)\nreloc and renum 2024 No. 17 s 58 (3)\n(sec.207D-ssec.1) This section applies if a local government has incurred a cost for an authorised person appointed by it to— take possession of, or move, a regulated dog or prohibited dog that, under chapter 5 , part 4 , has been seized (a seized dog ); or take action to restrict access to a seized dog; or provide a seized dog with accommodation, food, rest, water or other living conditions; or arrange veterinary or other treatment for a seized dog; or destroy a seized dog under section 127 , 127AA or 127A .\n(sec.207D-ssec.2) The local government may recover the cost from the dog’s owner or former owner if the incurring of the cost was necessary and reasonable.\n(sec.207D-ssec.3) In considering whether the cost was necessary and reasonable, regard must be had to any surrender of the dog to the local government.\n(sec.207D-ssec.4) The cost may be claimed and ordered in a proceeding— to recover a debt of the amount; or for an offence against this chapter to which the claim relates.\n(sec.207D-ssec.5) This section does not limit a court’s powers under the Penalties and Sentences Act 1992 or another law.\n- (a) take possession of, or move, a regulated dog or prohibited dog that, under chapter 5 , part 4 , has been seized (a seized dog ); or\n- (b) take action to restrict access to a seized dog; or\n- (c) provide a seized dog with accommodation, food, rest, water or other living conditions; or\n- (d) arrange veterinary or other treatment for a seized dog; or\n- (e) destroy a seized dog under section 127 , 127AA or 127A .\n- (a) to recover a debt of the amount; or\n- (b) for an offence against this chapter to which the claim relates.","sortOrder":351},{"sectionNumber":"sec.208","sectionType":"section","heading":"Payment of penalties for offences against particular provisions","content":"### sec.208 Payment of penalties for offences against particular provisions\n\nThis section applies—\nif a court orders a person to pay a penalty for an offence against chapter 4 or section 134 ; and\ndespite the Local Government Act 2009 , section 246 and the Acts Interpretation Act 1954 , section 43 .\nThe court must also order the person to pay the penalty to a local government decided by the court.\ns 208 amd 2015 No. 15 s 38 ; 2016 No. 28 s 71 sch 1\n(sec.208-ssec.1) This section applies— if a court orders a person to pay a penalty for an offence against chapter 4 or section 134 ; and despite the Local Government Act 2009 , section 246 and the Acts Interpretation Act 1954 , section 43 .\n(sec.208-ssec.2) The court must also order the person to pay the penalty to a local government decided by the court.\n- (a) if a court orders a person to pay a penalty for an offence against chapter 4 or section 134 ; and\n- (b) despite the Local Government Act 2009 , section 246 and the Acts Interpretation Act 1954 , section 43 .","sortOrder":352},{"sectionNumber":"sec.209","sectionType":"section","heading":"Approval of forms","content":"### sec.209 Approval of forms\n\nThe chief executive may approve forms for use under chapter 2A , 2B , 6 or section 182 .\nThe chief executive officer of a local government may approve forms for use under this Act other than for the provisions mentioned in subsection (1) .\ns 209 amd 2009 No. 17 s 322 ; 2016 No. 28 s 27\n(sec.209-ssec.1) The chief executive may approve forms for use under chapter 2A , 2B , 6 or section 182 .\n(sec.209-ssec.2) The chief executive officer of a local government may approve forms for use under this Act other than for the provisions mentioned in subsection (1) .","sortOrder":353},{"sectionNumber":"sec.209A","sectionType":"section","heading":"Electronic notices","content":"### sec.209A Electronic notices\n\nThe chief executive may give a notice or other document to a person by electronic communication to an electronic address of the person if the person—\ngave the address to the chief executive for the purpose of communicating with the person; and\nhas not asked the chief executive to discontinue use of the address.\nan email address or mobile phone number\nThis section does not limit the Electronic Transactions (Queensland) Act 2001 .\ns 209A ins 2020 No. 3 s 22\n(sec.209A-ssec.1) The chief executive may give a notice or other document to a person by electronic communication to an electronic address of the person if the person— gave the address to the chief executive for the purpose of communicating with the person; and has not asked the chief executive to discontinue use of the address. an email address or mobile phone number\n(sec.209A-ssec.2) This section does not limit the Electronic Transactions (Queensland) Act 2001 .\n- (a) gave the address to the chief executive for the purpose of communicating with the person; and\n- (b) has not asked the chief executive to discontinue use of the address.","sortOrder":354},{"sectionNumber":"sec.209B","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.209B Chief executive may make guidelines\n\nThe chief executive may make guidelines about matters relating to compliance with this Act.\nWithout limiting subsection (1) , the guidelines may include information to help authorised persons perform their functions under this Act.\nThe chief executive must publish the guidelines on the department’s website.\ns 209B ins 2024 No. 17 s 18\n(sec.209B-ssec.1) The chief executive may make guidelines about matters relating to compliance with this Act.\n(sec.209B-ssec.2) Without limiting subsection (1) , the guidelines may include information to help authorised persons perform their functions under this Act.\n(sec.209B-ssec.3) The chief executive must publish the guidelines on the department’s website.","sortOrder":355},{"sectionNumber":"sec.210","sectionType":"section","heading":"Regulation-making power","content":"### sec.210 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about—\nclass of cat or dog that may be exempt from being—\nimplanted with a PPID; or\ntattooed for desexing; or\nclass of dog that may be exempt from being registered; or\nthe requirements for PPIDs; or\nthe way licence holders must keep and maintain PPID information and copies of records from which the identifying information is obtained; or\npermit conditions and conditions applying to declared dangerous dogs and declared menacing dogs; or\nthe fees to be paid under this Act; or\ninformation that must be stated on a registration form for the registration of a dog.\nA regulation may prescribe a penalty of not more than 20 penalty units for contravention of a regulation.\ns 210 amd 2013 No. 41 s 45 ; 2015 No. 15 s 39 ; 2020 No. 3 s 26\n(sec.210-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.210-ssec.2) A regulation may be made about— class of cat or dog that may be exempt from being— implanted with a PPID; or tattooed for desexing; or class of dog that may be exempt from being registered; or the requirements for PPIDs; or the way licence holders must keep and maintain PPID information and copies of records from which the identifying information is obtained; or permit conditions and conditions applying to declared dangerous dogs and declared menacing dogs; or the fees to be paid under this Act; or information that must be stated on a registration form for the registration of a dog.\n(sec.210-ssec.3) A regulation may prescribe a penalty of not more than 20 penalty units for contravention of a regulation.\n- (a) class of cat or dog that may be exempt from being— (i) implanted with a PPID; or (ii) tattooed for desexing; or\n- (i) implanted with a PPID; or\n- (ii) tattooed for desexing; or\n- (b) class of dog that may be exempt from being registered; or\n- (c) the requirements for PPIDs; or\n- (d) the way licence holders must keep and maintain PPID information and copies of records from which the identifying information is obtained; or\n- (e) permit conditions and conditions applying to declared dangerous dogs and declared menacing dogs; or\n- (f) the fees to be paid under this Act; or\n- (g) information that must be stated on a registration form for the registration of a dog.\n- (i) implanted with a PPID; or\n- (ii) tattooed for desexing; or","sortOrder":356},{"sectionNumber":"ch.10-pt.1","sectionType":"part","heading":"Transitional provisions for Act No. 74 of 2008","content":"# Transitional provisions for Act No. 74 of 2008","sortOrder":357},{"sectionNumber":"sec.211","sectionType":"section","heading":"Deferral for particular local governments","content":"### sec.211 Deferral for particular local governments\n\nThe following provisions (the deferred provisions ) do not apply in an area of a local government, other than in the area of a designated local government, until the deferred date—\nchapter 2, part 1, division 1\nchapter 3\nsections 177, 178 and 221.\ns 211 amd 2009 No. 17 s 323\n- • chapter 2, part 1, division 1\n- • chapter 3\n- • sections 177, 178 and 221.","sortOrder":358},{"sectionNumber":"sec.212","sectionType":"section","heading":"Restricted dog registers","content":"### sec.212 Restricted dog registers\n\nThis section applies to a local government, other than a designated local government, until the deferred date.\nThe restricted dog register must include all of the following information for each restricted dog permit in force in the local government’s area—\nthe address of the place for which the permit has been issued;\nthe following details for each restricted dog the subject of the permit—\nbreed;\ncolour;\nsex;\nthe number recorded on its collar, identification tag, registration tag or tattoo for desexing;\nany other noticeable distinguishing features or marks;\nother information prescribed under a regulation.\nA restricted dog register may include other information the local government considers appropriate.\ns 212 amd 2009 No. 17 s 324\n(sec.212-ssec.1) This section applies to a local government, other than a designated local government, until the deferred date.\n(sec.212-ssec.2) The restricted dog register must include all of the following information for each restricted dog permit in force in the local government’s area— the address of the place for which the permit has been issued; the following details for each restricted dog the subject of the permit— breed; colour; sex; the number recorded on its collar, identification tag, registration tag or tattoo for desexing; any other noticeable distinguishing features or marks; other information prescribed under a regulation.\n(sec.212-ssec.3) A restricted dog register may include other information the local government considers appropriate.\n- (a) the address of the place for which the permit has been issued;\n- (b) the following details for each restricted dog the subject of the permit— (i) breed; (ii) colour; (iii) sex; (iv) the number recorded on its collar, identification tag, registration tag or tattoo for desexing; (v) any other noticeable distinguishing features or marks;\n- (i) breed;\n- (ii) colour;\n- (iii) sex;\n- (iv) the number recorded on its collar, identification tag, registration tag or tattoo for desexing;\n- (v) any other noticeable distinguishing features or marks;\n- (c) other information prescribed under a regulation.\n- (i) breed;\n- (ii) colour;\n- (iii) sex;\n- (iv) the number recorded on its collar, identification tag, registration tag or tattoo for desexing;\n- (v) any other noticeable distinguishing features or marks;","sortOrder":359},{"sectionNumber":"sec.213","sectionType":"section","heading":"Cats and dogs implanted before commencement","content":"### sec.213 Cats and dogs implanted before commencement\n\nSection 37 applies to an authorised implanter whether the implantation was done before or after the commencement of this section.\ns 213 amd 2009 No. 17 s 325","sortOrder":360},{"sectionNumber":"sec.214","sectionType":"section","heading":"Regulated dogs must be implanted with a PPID","content":"### sec.214 Regulated dogs must be implanted with a PPID\n\nAn owner of a regulated dog that was not implanted with a PID on the commencement of this section must ensure the dog is implanted with a PPID within 14 days after the commencement of this section unless the owner has a reasonable excuse.\nMaximum penalty—75 penalty units.\nIt is a defence to a prosecution for an offence against subsection (1) if the defendant tenders in evidence a signed veterinary surgeon’s certificate stating, or other evidence of, either of the following—\nthat the dog is implanted with a PID;\nthat implanting the dog with a PPID is likely to be a serious risk to its health.\n(sec.214-ssec.1) An owner of a regulated dog that was not implanted with a PID on the commencement of this section must ensure the dog is implanted with a PPID within 14 days after the commencement of this section unless the owner has a reasonable excuse. Maximum penalty—75 penalty units.\n(sec.214-ssec.2) It is a defence to a prosecution for an offence against subsection (1) if the defendant tenders in evidence a signed veterinary surgeon’s certificate stating, or other evidence of, either of the following— that the dog is implanted with a PID; that implanting the dog with a PPID is likely to be a serious risk to its health.\n- (a) that the dog is implanted with a PID;\n- (b) that implanting the dog with a PPID is likely to be a serious risk to its health.","sortOrder":361},{"sectionNumber":"sec.215","sectionType":"section","heading":"Desexed cat or dog at commencement need not be tattooed for desexing","content":"### sec.215 Desexed cat or dog at commencement need not be tattooed for desexing\n\nAn owner of a cat or dog that is desexed at the commencement of this section does not contravene section 42(1) if the cat or dog is not tattooed for desexing.","sortOrder":362},{"sectionNumber":"sec.216","sectionType":"section","heading":"Cat or dog not registered at commencement","content":"### sec.216 Cat or dog not registered at commencement\n\nThis section applies to an owner of a cat or dog other than the operator of a shelter or pound if the cat or dog—\nis not registered at the commencement of this section; or\nis less than 12 weeks old.\nThe owner must ensure the cat or dog is registered within 3 months after—\nif the relevant local government is a designated local government—the commencement; or\notherwise—the deferred date.\nMaximum penalty—20 penalty units.\nIt is a defence to a prosecution for an offence against subsection (2) for the defendant to prove the cat or dog is—\na government entity dog; or\na working dog; or\nanother class of cat or dog prescribed under a regulation.\ns 216 sub 2009 No. 17 s 326\n(sec.216-ssec.1) This section applies to an owner of a cat or dog other than the operator of a shelter or pound if the cat or dog— is not registered at the commencement of this section; or is less than 12 weeks old.\n(sec.216-ssec.2) The owner must ensure the cat or dog is registered within 3 months after— if the relevant local government is a designated local government—the commencement; or otherwise—the deferred date. Maximum penalty—20 penalty units.\n(sec.216-ssec.3) It is a defence to a prosecution for an offence against subsection (2) for the defendant to prove the cat or dog is— a government entity dog; or a working dog; or another class of cat or dog prescribed under a regulation.\n- (a) is not registered at the commencement of this section; or\n- (b) is less than 12 weeks old.\n- (a) if the relevant local government is a designated local government—the commencement; or\n- (b) otherwise—the deferred date.\n- (a) a government entity dog; or\n- (b) a working dog; or\n- (c) another class of cat or dog prescribed under a regulation.","sortOrder":363},{"sectionNumber":"sec.217","sectionType":"section","heading":"Restricted dogs and convictions under repealed LGA chapter","content":"### sec.217 Restricted dogs and convictions under repealed LGA chapter\n\nA dog that was a restricted dog under the repealed LGA chapter immediately before the commencement of this section is taken to be a restricted dog under this Act.\nA conviction for an offence under the repealed LGA chapter is taken to be a conviction for an offence against chapter 4.\nIn this section—\nrepealed LGA chapter means the Local Government Act 1993 , former chapter 17A.\n(sec.217-ssec.1) A dog that was a restricted dog under the repealed LGA chapter immediately before the commencement of this section is taken to be a restricted dog under this Act.\n(sec.217-ssec.2) A conviction for an offence under the repealed LGA chapter is taken to be a conviction for an offence against chapter 4.\n(sec.217-ssec.3) In this section— repealed LGA chapter means the Local Government Act 1993 , former chapter 17A.","sortOrder":364},{"sectionNumber":"sec.217A","sectionType":"section","heading":"Corresponding law regulated dogs and corresponding convictions","content":"### sec.217A Corresponding law regulated dogs and corresponding convictions\n\nThis section applies if immediately before the commencement of this section—\na dog was the subject of a declaration, however called, under a corresponding law; and\nthe declaration is the same as or similar to a regulated dog declaration.\nThe dog is taken to be a regulated dog under this Act.\nA corresponding conviction for an offence relating to the dog is taken to be a conviction for an offence against chapter 4.\nIn this section—\ncorresponding conviction , for an offence relating to the dog, means a conviction in another State for an offence that is the same, or substantially the same, as an offence against chapter 4.\ns 217A ins 2009 No. 17 s 327\n(sec.217A-ssec.1) This section applies if immediately before the commencement of this section— a dog was the subject of a declaration, however called, under a corresponding law; and the declaration is the same as or similar to a regulated dog declaration.\n(sec.217A-ssec.2) The dog is taken to be a regulated dog under this Act.\n(sec.217A-ssec.3) A corresponding conviction for an offence relating to the dog is taken to be a conviction for an offence against chapter 4.\n(sec.217A-ssec.4) In this section— corresponding conviction , for an offence relating to the dog, means a conviction in another State for an offence that is the same, or substantially the same, as an offence against chapter 4.\n- (a) a dog was the subject of a declaration, however called, under a corresponding law; and\n- (b) the declaration is the same as or similar to a regulated dog declaration.","sortOrder":365},{"sectionNumber":"sec.217B","sectionType":"section","heading":"Local law dangerous dogs and corresponding convictions","content":"### sec.217B Local law dangerous dogs and corresponding convictions\n\nA dog that was declared to be a dangerous dog under a local law (a local law dangerous dog ) immediately before the commencement of this section is taken to be a declared dangerous dog under this Act.\nA corresponding conviction for an offence relating to a local law dangerous dog is taken to be a conviction for an offence against chapter 4.\nIn this section—\ncorresponding conviction , for an offence relating to a local law dangerous dog, means a conviction under a local law for an offence that is the same, or substantially the same, as an offence against chapter 4.\ns 217B ins 2009 No. 17 s 327\n(sec.217B-ssec.1) A dog that was declared to be a dangerous dog under a local law (a local law dangerous dog ) immediately before the commencement of this section is taken to be a declared dangerous dog under this Act.\n(sec.217B-ssec.2) A corresponding conviction for an offence relating to a local law dangerous dog is taken to be a conviction for an offence against chapter 4.\n(sec.217B-ssec.3) In this section— corresponding conviction , for an offence relating to a local law dangerous dog, means a conviction under a local law for an offence that is the same, or substantially the same, as an offence against chapter 4.","sortOrder":366},{"sectionNumber":"sec.218","sectionType":"section","heading":"Permit applications","content":"### sec.218 Permit applications\n\nA permit application made, under the Local Government Act 1993 , section 1193Q immediately before the commencement of this section but not finally decided is taken to be a permit application for section 72.","sortOrder":367},{"sectionNumber":"sec.219","sectionType":"section","heading":"Restricted dog register kept under Local Government Act 1993 continues","content":"### sec.219 Restricted dog register kept under Local Government Act 1993 continues\n\nA restricted dog register kept under the Local Government Act 1993 , section 1193ZN before the commencement of this section is taken to be a restricted dog register kept under section 212.","sortOrder":368},{"sectionNumber":"sec.220","sectionType":"section","heading":"Person given or entitled to be given information notice","content":"### sec.220 Person given or entitled to be given information notice\n\nThis section applies to a person who immediately before the commencement of this section—\nhad been, or was entitled to be given, an information notice mentioned in the Local Government Act 1993 , section 1193ZZH about a decision under chapter 17A of that Act; and\nhad not started an appeal under the Local Government Act 1993 , section 1193ZZI .\nThe person may apply for a review of the decision under chapter 8 as if the decision had been made under this Act.\n(sec.220-ssec.1) This section applies to a person who immediately before the commencement of this section— had been, or was entitled to be given, an information notice mentioned in the Local Government Act 1993 , section 1193ZZH about a decision under chapter 17A of that Act; and had not started an appeal under the Local Government Act 1993 , section 1193ZZI .\n(sec.220-ssec.2) The person may apply for a review of the decision under chapter 8 as if the decision had been made under this Act.\n- (a) had been, or was entitled to be given, an information notice mentioned in the Local Government Act 1993 , section 1193ZZH about a decision under chapter 17A of that Act; and\n- (b) had not started an appeal under the Local Government Act 1993 , section 1193ZZI .","sortOrder":369},{"sectionNumber":"sec.221","sectionType":"section","heading":"Registration of cat or dog continues","content":"### sec.221 Registration of cat or dog continues\n\nA restricted dog registered under the Local Government Act 1993 before the commencement of this section is taken to be registered under chapter 3.\nA cat or dog registered under a local law before the commencement of this section is taken to be registered under chapter 3.\n(sec.221-ssec.1) A restricted dog registered under the Local Government Act 1993 before the commencement of this section is taken to be registered under chapter 3.\n(sec.221-ssec.2) A cat or dog registered under a local law before the commencement of this section is taken to be registered under chapter 3.","sortOrder":370},{"sectionNumber":"sec.221A","sectionType":"section","heading":"References to address of place stated in registration notice for cat or dog","content":"### sec.221A References to address of place stated in registration notice for cat or dog\n\nThis section applies to a local government, other than a designated local government, until the deferred date.\nA reference in this Act to the address of the place stated in the registration notice for a cat or dog is taken to be a reference to the place where the cat or dog is usually kept or proposed to be kept.\ns 221A ins 2009 No. 17 s 328\n(sec.221A-ssec.1) This section applies to a local government, other than a designated local government, until the deferred date.\n(sec.221A-ssec.2) A reference in this Act to the address of the place stated in the registration notice for a cat or dog is taken to be a reference to the place where the cat or dog is usually kept or proposed to be kept.","sortOrder":371},{"sectionNumber":"ch.10-pt.2","sectionType":"part","heading":"Transitional provision for Building and Other Legislation Amendment Act 2009","content":"# Transitional provision for Building and Other Legislation Amendment Act 2009","sortOrder":372},{"sectionNumber":"sec.222","sectionType":"section","heading":"Provision about offences under s 24","content":"### sec.222 Provision about offences under s 24\n\nA proceeding can not be started for an offence under pre-amended section 24(1) if the circumstances giving rise to the commission of the offence—\nwould not, if the circumstances happened after the commencement of this section, give rise to the commission of an offence under post-amended section 24(1); or\ninvolve an authorised implanter to which, if the circumstances happened after the commencement of this section, post-amended section 24(1), paragraph (c) could have applied.\nIn this section—\namending Act means the Building and Other Legislation Amendment Act 2009 .\npost-amended section 24(1) means section 24(1) as replaced under the amending Act, section 40.\npre-amended section 24(1) means section 24(1) as in force immediately before the amending Act, section 40 commences.\ns 222 ins 2009 No. 51 s 46\n(sec.222-ssec.1) A proceeding can not be started for an offence under pre-amended section 24(1) if the circumstances giving rise to the commission of the offence— would not, if the circumstances happened after the commencement of this section, give rise to the commission of an offence under post-amended section 24(1); or involve an authorised implanter to which, if the circumstances happened after the commencement of this section, post-amended section 24(1), paragraph (c) could have applied.\n(sec.222-ssec.2) In this section— amending Act means the Building and Other Legislation Amendment Act 2009 . post-amended section 24(1) means section 24(1) as replaced under the amending Act, section 40. pre-amended section 24(1) means section 24(1) as in force immediately before the amending Act, section 40 commences.\n- (a) would not, if the circumstances happened after the commencement of this section, give rise to the commission of an offence under post-amended section 24(1); or\n- (b) involve an authorised implanter to which, if the circumstances happened after the commencement of this section, post-amended section 24(1), paragraph (c) could have applied.","sortOrder":373},{"sectionNumber":"ch.10-pt.3","sectionType":"part","heading":"Transitional provision for Building and Other Legislation Amendment Act (No. 2) 2010","content":"# Transitional provision for Building and Other Legislation Amendment Act (No. 2) 2010","sortOrder":374},{"sectionNumber":"sec.223","sectionType":"section","heading":"Provision about s 63A","content":"### sec.223 Provision about s 63A\n\nFrom the commencement of this section, this Act applies as if section 63A had been in force since 6 April 2010.\ns 223 ins 2010 No. 35 s 9","sortOrder":375},{"sectionNumber":"ch.10-pt.4","sectionType":"part","heading":"Transitional provisions for Agriculture and Forestry Legislation Amendment Act 2013","content":"# Transitional provisions for Agriculture and Forestry Legislation Amendment Act 2013","sortOrder":376},{"sectionNumber":"ch.10-pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":377},{"sectionNumber":"sec.224","sectionType":"section","heading":"Definitions for pt 4","content":"### sec.224 Definitions for pt 4\n\nIn this part—\namending Act means the Agriculture and Forestry Legislation Amendment Act 2013 .\ncommencement means the commencement of the provision in which the term is used.\ndeclared local government see section 226(1).\nformer , for a provision, means the provision as in force immediately before the amendment or repeal of the provision under the amending Act.\ns 224 ins 2013 No. 41 s 46","sortOrder":378},{"sectionNumber":"sec.225","sectionType":"section","heading":"Interpretation for pt 4","content":"### sec.225 Interpretation for pt 4\n\nIf a provision in this part uses a term defined under this Act as in force before the commencement (the unamended Act ), the term has the same meaning as it had under the unamended Act.\ns 225 ins 2013 No. 41 s 46","sortOrder":379},{"sectionNumber":"ch.10-pt.4-div.2","sectionType":"division","heading":"Continuation of former chapter 3 for declared local governments","content":"## Continuation of former chapter 3 for declared local governments","sortOrder":380},{"sectionNumber":"sec.226","sectionType":"section","heading":"Cat registration under former ch 3 continues for declared local government","content":"### sec.226 Cat registration under former ch 3 continues for declared local government\n\nThis section applies to a local government (a declared local government) if—\nbefore the commencement, the local government passed a resolution that it is a declared local government for this part; and\non the commencement, the resolution had not been repealed.\nThe following provisions, and any former provision mentioned in the provisions or necessary to give effect to the provisions, continue to apply in the declared local government’s local government area as if the provisions had not been amended by the amending Act—\nformer chapter 3;\nformer sections 177 to 179 and 203.\nThis section applies to the declared local government until the first of the following to happen—\nthe declared local government makes a local law about cat registration;\nthe declared local government passes a resolution that it is no longer a declared local government for this part;\n1 year after the commencement of this section.\ns 226 ins 2013 No. 41 s 46\n(sec.226-ssec.1) This section applies to a local government (a declared local government) if— before the commencement, the local government passed a resolution that it is a declared local government for this part; and on the commencement, the resolution had not been repealed.\n(sec.226-ssec.2) The following provisions, and any former provision mentioned in the provisions or necessary to give effect to the provisions, continue to apply in the declared local government’s local government area as if the provisions had not been amended by the amending Act— former chapter 3; former sections 177 to 179 and 203.\n(sec.226-ssec.3) This section applies to the declared local government until the first of the following to happen— the declared local government makes a local law about cat registration; the declared local government passes a resolution that it is no longer a declared local government for this part; 1 year after the commencement of this section.\n- (a) before the commencement, the local government passed a resolution that it is a declared local government for this part; and\n- (b) on the commencement, the resolution had not been repealed.\n- (a) former chapter 3;\n- (b) former sections 177 to 179 and 203.\n- (a) the declared local government makes a local law about cat registration;\n- (b) the declared local government passes a resolution that it is no longer a declared local government for this part;\n- (c) 1 year after the commencement of this section.","sortOrder":381},{"sectionNumber":"ch.10-pt.4-div.3","sectionType":"division","heading":"Continuation of cat registration for local governments","content":"## Continuation of cat registration for local governments","sortOrder":382},{"sectionNumber":"sec.227","sectionType":"section","heading":"Registration form for registration of cat","content":"### sec.227 Registration form for registration of cat\n\nThis section applies to the owner of a cat who—\nbefore the commencement, gave the relevant local government a registration form for registration of the cat, including the registration fee for the cat, under former section 46; and\non the commencement, had not received under former section 49 a registration notice for the cat.\nThe relevant local government must—\nrefund the registration fee to the owner; or\nif the local government is a declared local government—register the cat under former chapter 3, part 2; or\nif a local government makes a local law requiring cats to be registered—register the cat under the local law.\ns 227 ins 2013 No. 41 s 46\n(sec.227-ssec.1) This section applies to the owner of a cat who— before the commencement, gave the relevant local government a registration form for registration of the cat, including the registration fee for the cat, under former section 46; and on the commencement, had not received under former section 49 a registration notice for the cat.\n(sec.227-ssec.2) The relevant local government must— refund the registration fee to the owner; or if the local government is a declared local government—register the cat under former chapter 3, part 2; or if a local government makes a local law requiring cats to be registered—register the cat under the local law.\n- (a) before the commencement, gave the relevant local government a registration form for registration of the cat, including the registration fee for the cat, under former section 46; and\n- (b) on the commencement, had not received under former section 49 a registration notice for the cat.\n- (a) refund the registration fee to the owner; or\n- (b) if the local government is a declared local government—register the cat under former chapter 3, part 2; or\n- (c) if a local government makes a local law requiring cats to be registered—register the cat under the local law.","sortOrder":383},{"sectionNumber":"sec.228","sectionType":"section","heading":"Registration fee paid to relevant local government under former s 53","content":"### sec.228 Registration fee paid to relevant local government under former s 53\n\nThis section applies if, before the commencement—\na person paid the relevant local government, other than a declared local government, a registration fee for a cat; and\nthe relevant local government gave the person a registration notice for the cat.\nThe local government must—\nuse the registration fee in the way stated in former section 53 as if that section had not been amended; or\nsubject to subsection (3), refund the registration fee to the person.\nIf the local government acts under subsection (2)(b), the local government may refund the proportion of the fee the local government considers appropriate, having regard to the period of the registration stated on the registration notice that remains after the commencement.\ns 228 ins 2013 No. 41 s 46\n(sec.228-ssec.1) This section applies if, before the commencement— a person paid the relevant local government, other than a declared local government, a registration fee for a cat; and the relevant local government gave the person a registration notice for the cat.\n(sec.228-ssec.2) The local government must— use the registration fee in the way stated in former section 53 as if that section had not been amended; or subject to subsection (3), refund the registration fee to the person.\n(sec.228-ssec.3) If the local government acts under subsection (2)(b), the local government may refund the proportion of the fee the local government considers appropriate, having regard to the period of the registration stated on the registration notice that remains after the commencement.\n- (a) a person paid the relevant local government, other than a declared local government, a registration fee for a cat; and\n- (b) the relevant local government gave the person a registration notice for the cat.\n- (a) use the registration fee in the way stated in former section 53 as if that section had not been amended; or\n- (b) subject to subsection (3), refund the registration fee to the person.","sortOrder":384},{"sectionNumber":"ch.10-pt.5","sectionType":"part","heading":"Transitional provision for Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016","content":"# Transitional provision for Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016","sortOrder":385},{"sectionNumber":"sec.229","sectionType":"section","heading":"Application of chs 2A, pt 2 and 2B, pt 3","content":"### sec.229 Application of chs 2A, pt 2 and 2B, pt 3\n\nChapter 2A, part 2 and chapter 2B, part 3, as inserted by the amendment Act, apply only in relation to a dog born on or after the commencement.\nIn this section—\namendment Act means the Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016 .\ns 229 ins 2016 No. 28 s 28\n(sec.229-ssec.1) Chapter 2A, part 2 and chapter 2B, part 3, as inserted by the amendment Act, apply only in relation to a dog born on or after the commencement.\n(sec.229-ssec.2) In this section— amendment Act means the Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016 .","sortOrder":386},{"sectionNumber":"ch.10-pt.6","sectionType":"part","heading":"Transitional provisions for Agriculture and Fisheries and Other Legislation Amendment Act 2024","content":"# Transitional provisions for Agriculture and Fisheries and Other Legislation Amendment Act 2024","sortOrder":387},{"sectionNumber":"ch.10-pt.6-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":388},{"sectionNumber":"sec.230","sectionType":"section","heading":"Definitions for part","content":"### sec.230 Definitions for part\n\nIn this part—\namendment Act means the Agriculture and Fisheries and Other Legislation Amendment Act 2024 .\nformer , for a provision of this Act, means the provision as in force from time to time before the commencement of the provision in which the term is used.\nnew , for a provision of this Act, means the provision as in force from the commencement of the provision in which the term is used.\ns 230 ins 2024 No. 17 s 19","sortOrder":389},{"sectionNumber":"ch.10-pt.6-div.2","sectionType":"division","heading":"Provision for amendments commencing on assent","content":"## Provision for amendments commencing on assent","sortOrder":390},{"sectionNumber":"sec.231","sectionType":"section","heading":"Appeals against external review decisions relating to destruction orders","content":"### sec.231 Appeals against external review decisions relating to destruction orders\n\nNew section 190 applies only to an appeal started after the commencement.\ns 231 ins 2024 No. 17 s 19","sortOrder":391},{"sectionNumber":"ch.10-pt.6-div.3","sectionType":"division","heading":"Provisions for amendments commencing on 31 July 2024","content":"## Provisions for amendments commencing on 31 July 2024","sortOrder":392},{"sectionNumber":"sec.232","sectionType":"section","heading":"Proceedings for particular offences","content":"### sec.232 Proceedings for particular offences\n\nThis section applies in relation to an offence against former section 194 or 195 committed by a person before the commencement.\nWithout limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, section 26 had not commenced.\nSubsection (2) applies despite the Criminal Code , section 11 .\ns 232 ins 2024 No. 17 s 29\n(sec.232-ssec.1) This section applies in relation to an offence against former section 194 or 195 committed by a person before the commencement.\n(sec.232-ssec.2) Without limiting the Acts Interpretation Act 1954 , section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act, section 26 had not commenced.\n(sec.232-ssec.3) Subsection (2) applies despite the Criminal Code , section 11 .","sortOrder":393},{"sectionNumber":"sec.233","sectionType":"section","heading":"References to serious dog offence","content":"### sec.233 References to serious dog offence\n\nFor chapter 9, part 1, a reference to a serious dog offence includes a reference to—\nan offence against former section 194, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply; and\nan offence against former section 195, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply.\ns 233 ins 2024 No. 17 s 29\n- (a) an offence against former section 194, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply; and\n- (b) an offence against former section 195, if the circumstances mentioned in paragraph (a), (b) or (c) of the penalty apply.","sortOrder":394},{"sectionNumber":"ch.10-pt.6-div.4","sectionType":"division","heading":"Provisions for amendments commencing on 28 August 2024","content":"## Provisions for amendments commencing on 28 August 2024","sortOrder":395},{"sectionNumber":"sec.234","sectionType":"section","heading":"Existing applications about restricted dog permits","content":"### sec.234 Existing applications about restricted dog permits\n\nThis section applies if an application for, or in relation to, a restricted dog permit was made under former chapter 4, part 3, but not decided, before the commencement.\nThis Act as in force immediately before the commencement continues to apply to the application as if the amendment Act had not been enacted.\ns 234 ins 2024 No. 17 s 81\n(sec.234-ssec.1) This section applies if an application for, or in relation to, a restricted dog permit was made under former chapter 4, part 3, but not decided, before the commencement.\n(sec.234-ssec.2) This Act as in force immediately before the commencement continues to apply to the application as if the amendment Act had not been enacted.","sortOrder":396},{"sectionNumber":"sec.235","sectionType":"section","heading":"Existing reviews and appeals in relation to decisions about restricted dog permits","content":"### sec.235 Existing reviews and appeals in relation to decisions about restricted dog permits\n\nThis section applies if—\nbefore the commencement—\nan original decision was made under former chapter 4 , part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and\nthe applicant applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; and\nimmediately before the commencement, the application or appeal had not been decided or withdrawn.\nDespite the repeal of former chapter 4 , part 3 —\nthe application or appeal may continue to be heard and decided as if the amendment Act had not been enacted; and\nthis Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4 , part 3 in accordance with a decision made on the internal review, external review or appeal.\ns 235 ins 2024 No. 17 s 81\n(sec.235-ssec.1) This section applies if— before the commencement— an original decision was made under former chapter 4 , part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and the applicant applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; and immediately before the commencement, the application or appeal had not been decided or withdrawn.\n(sec.235-ssec.2) Despite the repeal of former chapter 4 , part 3 — the application or appeal may continue to be heard and decided as if the amendment Act had not been enacted; and this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4 , part 3 in accordance with a decision made on the internal review, external review or appeal.\n- (a) before the commencement— (i) an original decision was made under former chapter 4 , part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and (ii) the applicant applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; and\n- (i) an original decision was made under former chapter 4 , part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and\n- (ii) the applicant applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; and\n- (b) immediately before the commencement, the application or appeal had not been decided or withdrawn.\n- (i) an original decision was made under former chapter 4 , part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and\n- (ii) the applicant applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; and\n- (a) the application or appeal may continue to be heard and decided as if the amendment Act had not been enacted; and\n- (b) this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4 , part 3 in accordance with a decision made on the internal review, external review or appeal.","sortOrder":397},{"sectionNumber":"sec.236","sectionType":"section","heading":"Existing review and appeal rights in relation to decisions about restricted dog permits","content":"### sec.236 Existing review and appeal rights in relation to decisions about restricted dog permits\n\nThis section applies if—\nbefore the commencement, an original decision was made under former chapter 4, part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and\nimmediately before the commencement—\nthe applicant had not applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; but\nthe period within which the applicant could apply, or start an appeal, had not ended.\nDespite the repeal of former chapter 4, part 3—\nthe applicant may make the application or start the appeal, and the application or appeal may be heard and decided, as if the amendment Act had not been enacted; and\nthis Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4, part 3 in accordance with a decision made on the internal review, external review or appeal.\ns 236 ins 2024 No. 17 s 81\n(sec.236-ssec.1) This section applies if— before the commencement, an original decision was made under former chapter 4, part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and immediately before the commencement— the applicant had not applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; but the period within which the applicant could apply, or start an appeal, had not ended.\n(sec.236-ssec.2) Despite the repeal of former chapter 4, part 3— the applicant may make the application or start the appeal, and the application or appeal may be heard and decided, as if the amendment Act had not been enacted; and this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4, part 3 in accordance with a decision made on the internal review, external review or appeal.\n- (a) before the commencement, an original decision was made under former chapter 4, part 3 refusing an application for a restricted dog permit or the renewal of a restricted dog permit; and\n- (b) immediately before the commencement— (i) the applicant had not applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; but (ii) the period within which the applicant could apply, or start an appeal, had not ended.\n- (i) the applicant had not applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; but\n- (ii) the period within which the applicant could apply, or start an appeal, had not ended.\n- (i) the applicant had not applied for an internal review or an external review of the original decision, or started an appeal against a decision made on an external review of the original decision; but\n- (ii) the period within which the applicant could apply, or start an appeal, had not ended.\n- (a) the applicant may make the application or start the appeal, and the application or appeal may be heard and decided, as if the amendment Act had not been enacted; and\n- (b) this Act as in force immediately before the commencement continues to apply for the purpose of issuing a restricted dog permit under former chapter 4, part 3 in accordance with a decision made on the internal review, external review or appeal.","sortOrder":398},{"sectionNumber":"sec.237","sectionType":"section","heading":"Continued application of pre-commencement Act to particular restricted dogs","content":"### sec.237 Continued application of pre-commencement Act to particular restricted dogs\n\nThis section applies if—\nimmediately before the commencement—\na restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and\nthe restricted dog was registered; or\nafter the commencement, a restricted dog permit is issued or renewed under former chapter 4, part 3, as applied under section 234, 235 or 236, for a dog that—\nwas a restricted dog immediately before the commencement; and\nis registered.\nThe dog is taken not to be a prohibited dog for the purposes of this Act.\nAlso, this Act as in force immediately before the commencement continues to apply in relation to the dog as if—\nthe amendment Act had not been enacted; and;\nthe dog continued to be a restricted dog.\nHowever, subsections (2) and (3) cease to apply in relation to the dog on the earliest of the following to happen—\nthe restricted dog permit for the dog expires and the permit holder has not applied to renew the permit under former section 82;\nthe relevant local government for the dog makes an original decision under former chapter 4, part 3, division 3 to refuse an application to renew the restricted dog permit and the circumstances mentioned in subsection (5)(a), (b), (c) or (d) apply;\nthe dog ceases to be registered;\nthe dog is surrendered to the relevant local government under section 100;\nthe dog is destroyed under this Act or otherwise dies.\nFor subsection (4)(b), the circumstances are—\nthe period within which the applicant may apply for an internal review of the original decision ends and the applicant has not, within that period, applied for an internal review of the original decision; or\nif the applicant applies for an internal review of the original decision—\nthe application is decided and both of the following apply—\nthe decision on the application confirms the original decision;\nthe period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or\nthe application is withdrawn or otherwise ends without a decision being made; or\nif the applicant applies for an external review of the original decision—\nthe application is decided and both of the following apply—\nthe decision on the application (the external review decision ) confirms the original decision;\nthe period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or\nthe application is withdrawn or otherwise ends without a decision being made; or\nif the applicant starts an appeal against the external review decision—\nthe appeal is decided and the effect of the decision is to confirm the external review decision; or\nthe appeal is withdrawn or otherwise ends without a decision being made.\ns 237 ins 2024 No. 17 s 81\n(sec.237-ssec.1) This section applies if— immediately before the commencement— a restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and the restricted dog was registered; or after the commencement, a restricted dog permit is issued or renewed under former chapter 4, part 3, as applied under section 234, 235 or 236, for a dog that— was a restricted dog immediately before the commencement; and is registered.\n(sec.237-ssec.2) The dog is taken not to be a prohibited dog for the purposes of this Act.\n(sec.237-ssec.3) Also, this Act as in force immediately before the commencement continues to apply in relation to the dog as if— the amendment Act had not been enacted; and; the dog continued to be a restricted dog.\n(sec.237-ssec.4) However, subsections (2) and (3) cease to apply in relation to the dog on the earliest of the following to happen— the restricted dog permit for the dog expires and the permit holder has not applied to renew the permit under former section 82; the relevant local government for the dog makes an original decision under former chapter 4, part 3, division 3 to refuse an application to renew the restricted dog permit and the circumstances mentioned in subsection (5)(a), (b), (c) or (d) apply; the dog ceases to be registered; the dog is surrendered to the relevant local government under section 100; the dog is destroyed under this Act or otherwise dies.\n(sec.237-ssec.5) For subsection (4)(b), the circumstances are— the period within which the applicant may apply for an internal review of the original decision ends and the applicant has not, within that period, applied for an internal review of the original decision; or if the applicant applies for an internal review of the original decision— the application is decided and both of the following apply— the decision on the application confirms the original decision; the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or the application is withdrawn or otherwise ends without a decision being made; or if the applicant applies for an external review of the original decision— the application is decided and both of the following apply— the decision on the application (the external review decision ) confirms the original decision; the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or the application is withdrawn or otherwise ends without a decision being made; or if the applicant starts an appeal against the external review decision— the appeal is decided and the effect of the decision is to confirm the external review decision; or the appeal is withdrawn or otherwise ends without a decision being made.\n- (a) immediately before the commencement— (i) a restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and (ii) the restricted dog was registered; or\n- (i) a restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and\n- (ii) the restricted dog was registered; or\n- (b) after the commencement, a restricted dog permit is issued or renewed under former chapter 4, part 3, as applied under section 234, 235 or 236, for a dog that— (i) was a restricted dog immediately before the commencement; and (ii) is registered.\n- (i) was a restricted dog immediately before the commencement; and\n- (ii) is registered.\n- (i) a restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and\n- (ii) the restricted dog was registered; or\n- (i) was a restricted dog immediately before the commencement; and\n- (ii) is registered.\n- (a) the amendment Act had not been enacted; and;\n- (b) the dog continued to be a restricted dog.\n- (a) the restricted dog permit for the dog expires and the permit holder has not applied to renew the permit under former section 82;\n- (b) the relevant local government for the dog makes an original decision under former chapter 4, part 3, division 3 to refuse an application to renew the restricted dog permit and the circumstances mentioned in subsection (5)(a), (b), (c) or (d) apply;\n- (c) the dog ceases to be registered;\n- (d) the dog is surrendered to the relevant local government under section 100;\n- (e) the dog is destroyed under this Act or otherwise dies.\n- (a) the period within which the applicant may apply for an internal review of the original decision ends and the applicant has not, within that period, applied for an internal review of the original decision; or\n- (b) if the applicant applies for an internal review of the original decision— (i) the application is decided and both of the following apply— (A) the decision on the application confirms the original decision; (B) the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or (ii) the application is withdrawn or otherwise ends without a decision being made; or\n- (i) the application is decided and both of the following apply— (A) the decision on the application confirms the original decision; (B) the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or\n- (A) the decision on the application confirms the original decision;\n- (B) the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or\n- (ii) the application is withdrawn or otherwise ends without a decision being made; or\n- (c) if the applicant applies for an external review of the original decision— (i) the application is decided and both of the following apply— (A) the decision on the application (the external review decision ) confirms the original decision; (B) the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or (ii) the application is withdrawn or otherwise ends without a decision being made; or\n- (i) the application is decided and both of the following apply— (A) the decision on the application (the external review decision ) confirms the original decision; (B) the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or\n- (A) the decision on the application (the external review decision ) confirms the original decision;\n- (B) the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or\n- (ii) the application is withdrawn or otherwise ends without a decision being made; or\n- (d) if the applicant starts an appeal against the external review decision— (i) the appeal is decided and the effect of the decision is to confirm the external review decision; or (ii) the appeal is withdrawn or otherwise ends without a decision being made.\n- (i) the appeal is decided and the effect of the decision is to confirm the external review decision; or\n- (ii) the appeal is withdrawn or otherwise ends without a decision being made.\n- (i) the application is decided and both of the following apply— (A) the decision on the application confirms the original decision; (B) the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or\n- (A) the decision on the application confirms the original decision;\n- (B) the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or\n- (ii) the application is withdrawn or otherwise ends without a decision being made; or\n- (A) the decision on the application confirms the original decision;\n- (B) the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or\n- (i) the application is decided and both of the following apply— (A) the decision on the application (the external review decision ) confirms the original decision; (B) the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or\n- (A) the decision on the application (the external review decision ) confirms the original decision;\n- (B) the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or\n- (ii) the application is withdrawn or otherwise ends without a decision being made; or\n- (A) the decision on the application (the external review decision ) confirms the original decision;\n- (B) the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or\n- (i) the appeal is decided and the effect of the decision is to confirm the external review decision; or\n- (ii) the appeal is withdrawn or otherwise ends without a decision being made.","sortOrder":399},{"sectionNumber":"sec.238","sectionType":"section","heading":"Destruction orders for particular dogs","content":"### sec.238 Destruction orders for particular dogs\n\nNew section 127AA applies only in relation to a dog seized, under section 125 or a warrant, after the commencement.\nFormer section 127 continues to apply in relation to a dog seized, under section 125 or a warrant, before the commencement as if the amendment Act had not been enacted.\ns 238 ins 2024 No. 17 s 81\n(sec.238-ssec.1) New section 127AA applies only in relation to a dog seized, under section 125 or a warrant, after the commencement.\n(sec.238-ssec.2) Former section 127 continues to apply in relation to a dog seized, under section 125 or a warrant, before the commencement as if the amendment Act had not been enacted.","sortOrder":400}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with a narrow animal‑management law that might originally have focused on local dog registration and control, this Act has expanded into a comprehensive supply‑chain and data regime.  Additions include: a licenced PPID registry regime (sections 35–36, ch 6), a state breeder register and mandatory breeder registration/ID numbers (chapter 2A, sections 43A–43M, 172B), detailed requirements on advertising and supply (sections 43Z–43ZF), and expanded enforcement tools including new destruction‑order procedures (section 127AA added 2024).  Those additions move the law beyond simple owner registration and control into licensing of private registry services, mandatory record‑sharing, and tighter regulation of breeders and sellers, increasing the regulatory reach and administrative footprint of the statute."},"complexity_factors":["Extensive length: many Parts, Chapters and Schedules across 10+ chapters (chs 1–10)","High number of defined terms and cross‑references (multiple definitions, references to other Acts: Animal Care and Protection Act 2001, QCAT Act, Police Powers & Responsibilities Act, Transport Operations Act)","Layered registration regimes: PPID registry licence regime (chs 6), breeder registration (ch 2A), local government dog registries (ch 7)","Multiple time limits and notice periods (7, 14, 21, 28 days) spread across functions and enforcement processes","Nested procedural safeguards (show‑cause notices, representations, immediate suspension with subsequent show‑cause, internal review then external review)","Graded penalty structure with multiple conditional branches (different penalties depending on whether dog is regulated and offender’s prior convictions)","Significant enforcement powers (entry with/without warrant, seizure, destruction) with conditional statutory safeguards","Information publication and access rules with privacy carve‑outs and inter‑agency data‑sharing provisions (public breeder register vs s173C exceptions)","Transitional and commencement complexity (many staggered commencement clauses and transitional rules preserving former regimes)","Licence and accreditation pathways with discretionary criteria and suspension/cancellation processes (creates conditional complexity in licensing)"],"plain_english_summary":"**What this Act does (mechanics first)**\n\n- Requires permanent electronic identification (a prescribed permanent identification device, or PPID — usually a microchip) for most cats and dogs and sets who may implant them and how (see sections 12, 14, 21–26, 43Y).  Owners, suppliers and authorised implanters have time-limited notification and record‑keeping duties (e.g. 7‑day update requirements, sections 16, 25–26, 36).\n\n- Creates a licensing regime for organisations that operate PPID registries and imposes obligations on licence holders about keeping and updating PPID information (sections 35–36, 143–153, 168).\n\n- Establishes a register and a statutory registration regime for people who breed dogs (registered breeder, breeder ID number), and for certain accredited breeders nominated by approved accreditation bodies (chapter 2A: sections 43A–43M, 43V–43W).  It also provides for exemption numbers for particular supplies of dogs (chapter 2B, part 5).\n\n- Imposes obligations on sellers and advertisers of dogs to ensure dogs are implanted and to include a relevant supply number in advertising and supply paperwork (sections 43Y, 43Z–43ZF, 43ZB–43ZC).\n\n- Requires dog registration with local government and lets local governments set registration periods and fees (including a statutory rule that fees should incentivise desexing) and keep local dog registers (chapter 3, sections 44–53, 177–179).\n\n- Defines and governs “regulated dogs” (declared dangerous and menacing dogs).  Local governments may make declarations, impose conditions (including compulsory desexing for declared dangerous dogs), and require owners to comply with specified containment and control conditions (chapter 4, sections 59–70, schedule 1 conditions referenced in sections 96–98).\n\n- Gives authorised persons powers to investigate and enforce (appointment and ID card requirements, entry powers with and without warrant, seizure, compliance notices), including power to seize and, in specified circumstances, destroy dogs (chapter 5, sections 104–141; seizure and destruction rules in sections 125, 127, 127AA, 127A).  There are statutory notice, review and appeal processes for many of those decisions (chapter 8).\n\n- Creates state-level registers to be kept by the chief executive (regulated dog register, breeder register and licence holder register) and prescribes publication/access rules for parts of those registers (sections 172–173D, 172E).  The chief executive may share breeder/breeder‑registration information with approved bodies (sections 43W, 207B).\n\n- Provides graded criminal penalties for failures to control dogs or for allowing/encouraging attacks, with higher penalties where the dog is regulated or where the offender has prior serious dog‑offence convictions (chapter 9, sections 191–196, 207A).\n\n- Contains numerous transitional provisions and delegation, evidence, form/notice and regulation‑making powers (parts 10, sections 205–210, 209A–209B).\n\n\n**Who is affected**\n\n- Cat and dog owners and anyone who supplies or advertises cats and dogs (owners must microchip, register dogs, update details; sellers must ensure PPIDs and provide supply information; advertisers must include supply numbers) (see sections 14, 43Y, 43ZC, 43ZF).\n\n- Dog breeders: people who breed dogs must register as breeders in many cases and comply with record‑keeping and renewal rules; accredited breeders and approved accreditation bodies are included in a separate pathway (chs 2A and 2B: sections 43E–43M, 43W).\n\n- Licence holders operating PPID registry services: they must be licensed, keep records, update electronic databases and can be suspended/cancelled (sections 35–36, 145–171, 160–166).\n\n- Local governments: responsible for dog registration, declarations (dangerous/menacing), enforcement at the local level, keeping dog registries and sending specified information to the chief executive (sections 6, 46–53, 74–76, 174–176, 177–179).\n\n- Veterinary surgeons and authorised implanters: rules about who may implant, age restrictions, and record duties (sections 21–26, 24).\n\n- Authorised persons and police: enforcement powers, including assistance from police for entry or seizure (sections 104–138).\n\n\n**Why it matters (the Act’s stated purposes and how they are implemented)**\n\n- Stated purposes (section 3) are identification, registration and management of dogs (especially regulated dogs), promoting responsible ownership and breeding, and prohibiting ownership/dealings with certain breeds.  Mechanisms to achieve those purposes are spelled out in section 4 and include mandatory identification, breeder registration, licenced PPID registries, and enforcement powers.\n\n- Mechanically, the Act moves from simple local registration to an integrated system: microchip implantation + electronic PPID registries + state breeder register + local dog registries + enforcement and review processes.  That combination is designed to make it administratively possible to trace dogs through the supply chain, link dogs to breeders and owners, and support local declarations and enforcement (see sections 12, 36, 43G, 172B, 174).\n\n\n**Practical effects, incentives and trade‑offs to watch for (analyst’s lens)**\n\n- Who pays and compliance costs: costs fall on owners (implanting, registration fees), suppliers and advertisers (time and systems to include and verify relevant supply numbers), breeders (registration and renewal fees, record‑keeping), and licence holders (operating PPID registries, data security).  Local governments bear administrative costs for registers, declarations and enforcement.  These costs are concentrated on organised breeders and registry operators; diffuse among owners via fees (sections 14, 43F–K, 36, 50–53).\n\n- Behavioural incentives: the Act explicitly uses fee differentials as an incentive to desex (section 52).  Requiring supply numbers and PPID data aims to reduce untraceable puppy/kitten supply and informal sales.\n\n- Competition and market effects: licensing PPID registry services (section 35) and detailed licence suitability grounds (sections 145–149) concentrate control over registries.  That can raise barriers to entry for registry providers and create dependency on licenced services.  The Act allows publication of breeder register data (section 172E), which helps buyer search but raises privacy concerns (section 173C provides carve‑outs where personal safety is at risk).\n\n- Discretion and enforcement risk: authorised persons and the chief executive have a variety of discretionary powers (suspension/prohibition of implanters and licence holders, suspension/cancellation of breeder registrations, seizure and destruction of dogs, compliance notices).  The Act builds administrative safeguards—show cause notices, minimum notice periods (21 days for show‑cause), review pathways (internal review then external under QCAT) and timeframes for decisions (e.g. internal review within 20 days) (sections 27–33, 160–166, 132–134, chapters 8 and 5).  Nonetheless, significant outcomes (destruction orders, high penalties) hinge on administrative decision‑making and timely, accurate records (see sections 127, 127AA, 185–187).\n\n- Data and privacy: registers and mandatory data sharing (chief executive may receive breeder accreditation details from approved entities, sections 43W and 172B) create benefits for tracing and enforcement but increase data‑handling responsibilities and privacy risks.  The Act permits sharing with enforcement bodies (section 207B) and vehicle registry disclosure for serious attacks (section 207A).\n\n- Substitution and compliance workarounds: exemptions for primary producers, working dogs, and government entity dogs create permitted channels for supply without full PPID requirements; these narrow scopes must be monitored for unintended loopholes (see defences/exemptions in sections 14, 43Y, 43ZA–ZD).\n\n- Implementation risk: the system depends on timely electronic updates (many 7‑ and 14‑day deadlines across parts of the Act—see sections 16, 25, 36, 43N, 43O, 174–176).  Data integrity and resourcing at the department and local governments are operational bottlenecks.\n\n\n**Concrete legal safeguards and review rights**\n\n- Administrative fairness steps: show‑cause notices, minimum response periods (generally at least 21 days), internal review deadlines (20 days) and external review paths to QCAT (chapters 5 and 8: sections 29–33, 162–166, 185–187).\n\n- Targeted defences and exceptions: medical/veterinary certificates can excuse implantation/tattooing (sections 14, 24, 42); exemptions and special classes (working dogs, government dogs, primary producers) are carved out in multiple places.\n\n\n**Top line**\n\nMechanically, the Act builds a comprehensive, linked compliance and information architecture for cats and dogs in Queensland: mandatory microchipping and PPID registries, a registered‑breeder regime, seller/advertiser disclosure rules, local government registration and declaration powers for dangerous/menacing dogs, and substantial enforcement powers (including seizure/destruction) backed by graded criminal penalties and administrative review processes.  The design shifts more of the identification and traceability burden onto owners, breeders, sellers and PPID registry operators and gives the state and local governments the administrative tools to enforce containment and control obligations (see sections 12, 43A–43M, 43Y–43ZF, 46–53, 94, 125–127AA, 191–196)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 2008 scope focused primarily on microchipping and registration of dogs, and promoting responsible ownership. Through multiple amendments (2009, 2013, 2015, 2016, 2024), the scope expanded significantly to include: a mandatory dog breeder registration scheme with an online system (inserted as Chapter 2A in 2016); regulation of the supply and advertising of dogs with 'relevant supply numbers'; a formal approved entity/accreditation framework for breed organisations; specific rules around information sharing between breeders, councils and welfare agencies; and strengthened provisions around prohibited breeds and regulated dogs. The addition of breeder regulation in particular represents a substantial broadening beyond the original identification and registration focus."},"complexity_factors":["Multiple regulatory layers: state law interacts with local government laws (which can add to but not contradict the Act)","Numerous categories of persons with distinct obligations: owners, breeders, accredited breeders, authorised implanters, licence holders, pound operators, vets, local governments, and authorised persons","Complex exemption and exception structures throughout — nearly every obligation has carve-outs that require cross-referencing multiple sections","Multiple registration systems operating in parallel: PPID (microchip) registry, breeder register, local government dog register, and approved entity accreditation schemes","The Act has been amended at least 7 times since 2008, resulting in omitted sections, inserted chapters, and renumbered provisions that create gaps in the numbering sequence","Staggered commencement: some sections commenced on a fixed date, others by proclamation","Definitions of key concepts like 'owner', 'responsible person', and 'breeds a dog' are nuanced with multiple inclusions and exclusions requiring careful reading","Regulatory/criminal/civil liability distinctions: the Act imposes criminal penalties, but expressly does not create new civil causes of action (breach of statutory duty), while preserving existing civil rights","Interaction with other Acts (Animal Care and Protection Act 2001) for related obligations creates a need to consult multiple laws","Truncated content — the full Act contains additional chapters on regulated/dangerous dogs, authorised persons, enforcement powers, and appeals that add further complexity"],"plain_english_summary":"Queensland's Animal Management (Cats and Dogs) Act 2008 sets core rules for owning, identifying, registering, breeding and managing cats and dogs. It makes microchipping compulsory, requires dog registration and breeder registration, regulates pounds and rehoming, and imposes strict controls (and bans) for dangerous breeds. It mainly affects pet owners, breeders, vets, council rangers and pound operators — noncompliance can bring fines, breeder suspension, or heavier obligations for dangerous dogs."},"kimi_summary":{"_metrics":{"completionTokens":701},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2008 focus on identification and registration. Major 2016 amendments added comprehensive breeder registration (Chapter 2A) and supply chain tracking (Chapter 2B). The 2024 amendments further expanded enforcement powers, added destruction order procedures, and restructured dangerous dog management. What began as a relatively straightforward pet registration scheme now encompasses a complex regulatory framework for breeding, advertising, selling, and destroying animals, with extensive administrative and judicial review mechanisms."},"complexity_factors":["Multiple overlapping registration schemes (dog registration with councils, breeder registration with state, PPID registry services)","Extensive cross-referencing between chapters (e.g., Chapter 2A breeder rules link to Chapter 2B supply rules)","Nested exceptions and defences throughout (e.g., microchipping has health exemptions, age exemptions, working dog exemptions)","Detailed procedural requirements for enforcement (warrant applications, show cause notices, internal and external review processes)","Multiple definitions of 'owner' and 'responsible person' with conditional carve-outs (sections 9-10)","Complex interaction between state law and local government powers (section 6)","2024 amendments removed entire sections (66, 71-88) leaving fragmented structure","Schedule 1 conditions for regulated dogs referenced but not included in extract"],"plain_english_summary":"**What this law does:**\n\nThis is Queensland's main law for managing cats and dogs. It sets rules for how pets are identified, registered, bred, and controlled—especially dogs that pose risks to public safety.\n\n**Key things the law covers:**\n\n- **Microchipping:** All cats and dogs must be implanted with a microchip (called a \"PPID\") before they turn 12 weeks old, unless there's a health risk. Only authorised people can implant chips.\n\n- **Dog registration:** Dog owners must register their dogs with their local council within 14 days of getting them. Registration lasts up to 3 years and must be renewed.\n\n- **Breeder registration:** People who breed dogs must register as breeders and get a unique breeder ID number. This must be included when advertising or selling puppies.\n\n- **Dangerous and menacing dogs:** Local councils can declare dogs \"dangerous\" or \"menacing\" if they attack or threaten people or animals. These dogs must be desexed and kept under strict conditions (secure enclosures, warning signs, muzzling in public).\n\n- **Enforcement:** Authorised officers can enter properties, seize dogs, and issue fines. Dogs can be destroyed in serious cases, with review rights through QCAT (Queensland's tribunal).\n\n- **Prohibited breeds:** Some dog breeds are banned entirely.\n\n**Who it affects:**\n\n- Pet owners, dog breeders, veterinarians, animal shelters, local councils, and anyone selling or giving away dogs.\n\n**Why it matters:**\n\nThe law aims to reduce dog attacks, promote responsible pet ownership, trace animals back to their owners, and crack down on unethical breeding (\"puppy farms\"). It balances public safety with animal welfare, giving councils tools to manage high-risk dogs while protecting owners' rights to review decisions."}},"importantCases":[],"_links":{"self":"/api/acts/animal-management-cats-and-dogs-act-2008","history":"/api/acts/animal-management-cats-and-dogs-act-2008/history","analysis":"/api/acts/animal-management-cats-and-dogs-act-2008/analysis","conflicts":"/api/acts/animal-management-cats-and-dogs-act-2008/conflicts","importantCases":"/api/acts/animal-management-cats-and-dogs-act-2008/important-cases","documents":"/api/acts/animal-management-cats-and-dogs-act-2008/documents"}}