{"id":"dog-and-cat-management-act-1995","name":"Dog and Cat Management Act 1995","slug":"dog-and-cat-management-act-1995","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31911,"registerId":"sa-dog-and-cat-management-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Dog and Cat Management Act 1995.\n3—Objects\nThe objects of this Act are—\n\t(a)\tto encourage responsible dog and cat ownership;\n\t(b)\tto reduce public and environmental nuisance caused by dogs and cats;\n\t(c)\tto promote the effective management of dogs and cats;\n\t(d)\tto require breeders of dogs and cats to adhere to standards and guidelines that provide for the welfare of dogs and cats involved in breeding programs.\n4—Interpretation\nIn this Act, unless the contrary intention appears—\naccredited means accredited by the Board under section 21A;\nanimal welfare organisation means—\n\t(a)\tthe Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; or\n\t(b)\tthe Animal Welfare League of South Australia Inc; or\n\t(c)\tany other person or body declared by the regulations to be an animal welfare organisation;\narea of a council, means—\n\t(a)\tin relation to a municipal or district council—the area in relation to which the council is constituted;\n\t(b)\tin relation to a body declared by regulation to be a council (or part of a council) for the purposes of this Act—the area specified by regulation in relation to the body;\n\t(c)\tin relation to the Outback Communities Authority—the area in relation to which the Outback Communities Authority is constituted;\nassistance dog means a dog trained and used for the purpose of assisting a person who is wholly or partially disabled and includes a dog undergoing training of a kind approved by the Board for the purposes of this definition;\nattack trained dog means a dog trained, or undergoing training, to attack a person on command;\nauthorised person means—\n\t(a)\ta police officer; or\n\t(b)\ta person appointed as an authorised person under section 25A;\nBoard means the Dog and Cat Management Board established under Part 2;\ncat means an animal of the species felis catus;\ncorresponding law means a law of another State or a Territory of the Commonwealth that provides for the registration of dogs;\ncouncil means—\n\t(a)\ta municipal council;\n\t(b)\ta district council;\n\t(c)\tthe Outback Communities Authority;\n\t(d)\ta body declared by regulation to be a council for the purposes of this Act;\ndangerous dog means a dog in relation to which—\n\t(a)\ta council or the Board has made a Control (Dangerous Dog) Order; or\n\t(b)\ta court has made an order the terms of which generally correspond to a Control (Dangerous Dog) Order;\ndesex means to permanently render an animal incapable of reproducing (and desexed has a corresponding meaning);\ndispose of includes sell or give away;\ndog means an animal of the species canis familiaris but does not include a dingo or cross of a dingo;\neffective control of a dog—see section 8;\nemergency service means—\n\t(a)\tSA Police;\n\t(b)\tSAMFS;\n\t(c)\tSACFS;\n\t(d)\tSASES;\n\t(e)\tSAAS;\n\t(f)\tany other entity prescribed by the regulations;\nFund means the Dog and Cat Management Fund established under Part 2;\nguard dog means a dog that is kept on premises primarily for the purpose of guarding or protecting a person or property at those premises;\nidentified cat means a cat identified in the manner set out in the regulations;\nLGA means the Local Government Association of South Australia;\nMagistrates Court means the Magistrates Court of South Australia;\nmicrochip means an electronic device that is capable of being permanently implanted in an animal and that is designed to record information in a manner that can be electronically retrieved;\nmicrochipped or to microchip—an animal is microchipped if a microchip is implanted in the animal;\noccupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises;\nown a dog—see section 5;\npark means a park, garden, reserve or other similar public open space, or a foreshore area, within the area of a council;\npatrol dog means a dog that, under the control of a person, patrols premises for the purpose of guarding or protecting a person or property at those premises;\npremises includes—\n\t(a)\tland;\n\t(b)\ta part of any premises or land;\nprescribed breed means any of the following breeds:\n\t(a)\tAmerican Pit Bull Terrier;\n\t(b)\tFila Braziliero;\n\t(c)\tJapanese Tosa;\n\t(d)\tDogo Argentina;\n\t(e)\tPresa Canario;\nprivate place means a place that is not a public place;\npublic place means a place to which the public has access (whether an admission fee is charged or not);\npublic passenger vehicle means a vehicle or vessel used for the purpose of carrying passengers for hire or reward;\nregistration disc means a disc, badge, tag or other device issued or to be issued in respect of a dog registered under this Act;\nregistration fee—see section 26(6);\nresponsible for the control of a dog—see section 6;\nsale or sell includes—\n\t(a)\tauction, barter or exchange; or\n\t(b)\toffer for sale, auction, barter or exchange; or\n\t(c)\tcause or permit to be offered for sale, auction, barter or exchange; or\n\t(d)\tpossess for the purposes of sale, auction, barter or exchange;\nstock inspector means a person appointed as an inspector under the Livestock Act 1997;\nunidentified cat means a cat that—\n\t(a)\tis not microchipped; and\n\t(b)\tis not identified in the manner set out in section 42C; and\n\t(c)\tis not identified in the manner set out in the regulations;\nveterinarian has the same meaning as in the Veterinary Services Act 2023;\nwandering at large in relation to a dog—see section 7;\nworking livestock dog means a dog—\n\t(a)\tusually kept, proposed to be kept or worked on rural land by a person who is—\n\t(i)\ta primary producer; or\n\t(ii)\tengaged or employed by a primary producer; and\n\t(b)\tkept primarily for the purpose of herding, droving, protecting, tending or working stock, or training for herding, droving, protecting, tending or working stock.\n5—Owner of dog or cat\n\t(1)\tIn proceedings for an offence against this Act, if it appears from a register under this Act or a corresponding law that a dog or cat was registered at or before the time of the alleged offence, the person in whose name the dog or cat was last registered in that register will be taken to have owned the dog or cat at the time of the alleged offence unless it is proved that the dog or cat was subsequently (but before that time) registered in the name of another person in another register under this Act or a corresponding law.\n\t(2)\tIn proceedings for an offence against this Act, if a dog or cat (whether registered or unregistered) is shown to have been habitually in the apparent ownership of a person, that person will, in the absence of proof to the contrary, be taken to have owned and to continue to own the dog or cat.\n6—Person responsible for control of dog or cat\n\t(1)\tFor the purposes of this Act, a person is responsible for the control of a dog or cat while the person has possession or control of the dog or cat.\n\t(2)\tIn proceedings for an offence against this Act, if it is proved that immediately before the alleged offence the dog or cat was in company with or had been seen continuously and closely following a person, the person will, in the absence of proof to the contrary, be taken to have had possession or control of the dog or cat at the time of the alleged offence.\n\t(3)\tIn proceedings for an offence against this Act, an occupier of premises in which a dog or cat was kept or permitted to live at the time of the alleged offence will be taken to have had possession or control of the dog or cat at that time unless it is proved that another person of or over 16 years of age had possession or control of the dog or cat at that time.\n7—Dog wandering at large\n\t(1)\tFor the purposes of this Act, a dog will be taken to be wandering at large while—\n\t(a)\tthe dog is in a public place (other than a park) or a private place without the consent of the occupier, and no person is exercising effective control of the dog by means of physical restraint; or\n\t(b)\tthe dog is in a park and no person is exercising effective control of the dog either—\n\t(i)\tby means of physical restraint; or\n\t(ii)\tby command, the dog being in close proximity to the person and the person being able to see the dog at all times.\n\t(2)\tHowever a dog will not be taken to be wandering at large while—\n\t(a)\tthe dog is being used in the droving or tending of stock or is going to or returning from a place where it will be, or has been, so used; or\n\t(b)\tthe dog is being trained for, or participating in, an organised activity being a race, trial, class or show or in retrieving, hunting or other sporting exercise customarily involving the running of one or more dogs; or\n\t(c)\tthe dog is in a vehicle.\n8—Meaning of effective control of dog by means of physical restraint\nFor the purposes of this Act, a person is exercising effective control of a dog by means of physical restraint if—\n\t(a)\tthe person is exercising effective control of the dog by means of a chain, cord or leash that does not exceed 2 metres in length restraining the dog; or\n\t(b)\tthe person has effectively secured the dog—\n\t(i)\tby placing it in a cage, vehicle or other object or structure; or\n\t(ii)\tby tethering it to a fixed object by means of a chain, cord or leash that does not exceed 2 metres in length.\n9—Non-application of Act to certain dogs owned by Crown \nThis Act does not apply in relation to a dog owned by or on behalf of the Crown (in right of the Commonwealth or the State) and used for security, emergency or law enforcement purposes.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Dog and Cat Management Board and Fund","content":"Part 2—Dog and Cat Management Board and Fund\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Establishment of Board","content":"Division 1—Establishment of Board\n10—Establishment of Board\n\t(1)\tThe Dog and Cat Management Board is established.\n\t(2)\tThe Board is a body corporate.\n\t(3)\tThe Board is an instrumentality of the Crown and holds its property on behalf of the Crown.\n\t(4)\tIf a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document.\n11—Ministerial control\n\t(1)\tSubject to subsection (2), the Board is subject to the control and direction of the Minister.\n\t(2)\tNo Ministerial direction can be given to suppress information or recommendations from a report by the Board under this Act.\n\t(3)\tA direction given by the Minister under this section must be in writing and may only be given after consultation with the LGA.\n\t(4)\tIf the Minister gives a direction under this section, the Board must cause a statement of the fact that the direction was given to be published in its next annual report.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Membership of Board and procedures","content":"Division 2—Membership of Board and procedures\n12—Composition of Board\n\t(1)\tThe Board consists of 7 members appointed by the Minister, of whom—\n\t(a)\t3 will be nominated by the LGA; and\n\t(b)\t3 will be nominated by the Minister; and\n\t(c)\tone, to chair the Board, will be jointly nominated by the LGA and the Minister.\n\t(2)\tThe members of the Board nominated by the LGA under subsection (1)(a) must together have the following attributes:\n\t(a)\tpractical knowledge of and experience in local government, including local government processes, community consultation and the law as it applies to local government;\n\t(b)\texperience in the administration of legislation;\n\t(c)\texperience in financial management;\n\t(d)\texperience in education and training.\n\t(2a)\tThe members of the Board nominated by the Minister under subsection (1)(b) must together have the following attributes:\n\t(a)\texperience in state government processes and the administration of legislation;\n\t(b)\tveterinary experience in the care and treatment of dogs or cats;\n\t(c)\ta demonstrated interest in the welfare of dogs or cats;\n\t(d)\ta demonstrated interest in the keeping and management of dogs or cats;\n\t(e)\texperience in community health or medicine.\n\t(2b)\tThe person nominated to chair the Board must, in the opinion of the LGA and the Minister, have the abilities and experience required to promote the effective performance of the Board and its functions.\n\t(3)\tIf the LGA fails to nominate a person within 8 weeks of a written request for the nomination from the Minister, the Minister may appoint a person nominated by the Minister and that person will be taken to have been duly appointed as a member of the Board.\n\t(4)\tAt least one member of the Board must be a woman and one a man.\n13—Deputies of members\n\t(1)\tThe Minister may appoint a person to be the deputy of a member of the Board and to act as a member of the Board during any period of absence of the member (and a reference in this Act to a member of the Board will be taken to include, unless the contrary intention appears, a reference to a deputy while acting as a member of the Board).\n\t(2)\tThe appointment of a deputy is subject to the same nomination requirements as the appointment of the member.\n14—Conditions of membership\n\t(1)\tA member of the Board—\n\t(a)\tis appointed on conditions determined by the Minister; and\n\t(b)\tis appointed for a term, not exceeding 3 years, specified in the instrument of appointment; and\n\t(c)\tis, at the expiration of a term of appointment, eligible for reappointment.\n\t(2)\tThe Minister may at any time remove a member of the Board from office after consultation with the LGA.\n\t(3)\tThe office of a member of the Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(d)\tis convicted of an indictable offence or sentenced to imprisonment for an offence; or\n\t(e)\tis removed from office under subsection (2).\n\t(4)\tIf the office of a member of the Board becomes vacant for some reason other than the expiry of the term of office of the member, a person nominated for appointment to the office under section 12 will be appointed to fill the vacancy and to hold office, subject to this Act, for the remainder of the term.\n15—Vacancies or defects in appointment of members\nAn act of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n16—Remuneration\nA member of the Board is entitled to remuneration, allowances and expenses determined by the Minister.\n17—Proceedings\n\t(1)\tA quorum of the Board consists of 4 members.\n\t(2)\tThe member appointed to chair the Board will preside at meetings of the Board at which he or she is present.\n\t(3)\tIf the member appointed to chair the Board is absent from a meeting of the Board, the following provisions apply:\n\t(a)\tif another person has been appointed as that member's deputy and is present at the meeting—the deputy will preside at the meeting;\n\t(b)\tin any other case—a member chosen by the members present at the meeting will preside at the meeting.\n\t(4)\tA decision carried by a majority of the votes cast by members at a meeting is a decision of the Board.\n\t(5)\tEach member present at a meeting of the Board has one vote on any question arising for decision and, if the votes are equal, the member presiding at the meeting may exercise a casting vote.\n\t(6)\tThe Board must cause accurate minutes to be kept of its proceedings.\n\t(7)\tSubject to this Act, the Board may determine its own procedures.\n18—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with the other Board members, or persons engaged in or associated with dog or cat management generally, or a substantial section of those engaged in or associated with dog or cat management.\n19—Common seal and execution of documents\n\t(1)\tThe common seal of the Board must not be affixed to a document except in pursuance of a decision of the Board, and the affixing of the seal must be attested by the signatures of 2 members.\n\t(2)\tThe Board may, by instrument under the common seal of the Board, authorise a person (whether or not a member or employee of the Board and whether nominated by name or by office or title) to execute documents on behalf of the Board subject to conditions and limitations (if any) specified in the instrument of authority.\n\t(3)\tWithout limiting subsection (2), an authority may be given so as to authorise 2 or more persons to execute documents jointly on behalf of the Board.\n\t(4)\tA document is duly executed by the Board if—\n\t(a)\tthe common seal of the Board is affixed to the document in accordance with this section; or\n\t(b)\tthe document is signed on behalf of the Board by a person or persons in accordance with an authority given under this section.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Operations of Board","content":"Division 3—Operations of Board\n21—Functions of Board\n\t(1)\tThe Board has the following functions:\n\t(a)\tto plan for, promote, and provide advice about, the effective management of dogs and cats throughout South Australia;\n\t(b)\tto oversee the administration and enforcement of the provisions of this Act relating to dogs and cats, including—\n\t(i)\tmonitoring the administration and enforcement of this Act by councils; and\n\t(ii)\tissuing guidelines and providing advice to councils about—\n\t(A)\tplanning for the effective management of dogs and cats;\n\t(B)\ttraining for authorised persons;\n\t(C)\tthe appropriate level of administration and enforcement in the circumstances prevailing in the area;\n\t(D)\tthe issuing of orders or related directions under this Act;\n\t(E)\tthe standard of facilities used for the detention of dogs and cats under this Act;\n\t(F)\tthe keeping and inspection of registers under this Act and the issuing of certificates of registration and registration discs;\n\t(G)\tany other matter related to the administration or enforcement of the provisions of this Act relating to dogs and cats; and\n\t(iii)\totherwise providing support and assistance to councils;\n\t(ba)\tto accredit dogs as assistance dogs;\n\t(bb)\tto keep and maintain registers for the purposes of this Act;\n\t(c)\tto inquire into and consider all proposed by-laws referred to it under this Act, with a view to promoting the effective management of dogs and cats, and, to the extent that the Board considers it appropriate, the consistent application of by-laws throughout South Australia;\n\t(d)\tto advise the Minister or the LGA, either on its own initiative or at the request of the Minister or the LGA, on the operation of this Act or issues directly relating to dog or cat management in South Australia;\n\t(e)\tto undertake or facilitate research relating to dog or cat management;\n\t(f)\tto undertake or facilitate educational programs relating to dog or cat management;\n\t(g)\tto keep this Act under review and make recommendations to the Minister with respect to the Act and regulations made under the Act;\n\t(ga)\tto fix fees and charges for the purposes of this Act;\n\t(h)\tto carry out any other function assigned to the Board by the Minister or by or under this Act.\n\t(2)\tThe Board's functions may extend to providing the following services as the Board thinks fit:\n\t(a)\tthe accreditation of training programs for dogs and owners;\n\t(b)\tthe accreditation of procedures for testing the behaviour of dogs;\n\t(c)\tthe carrying out of any other function relating to responsible dog and cat ownership or the effective management of dogs and cats.\n\t(3)\tThe Board may fix a fee for providing a service under subsection (2).\n21A—Accreditation of assistance dogs\n\t(1)\tSubject to this section, a prescribed accreditation body may, on application, accredit a dog, or renew the accreditation of a dog, as an assistance dog.\n\t(1a)\tA prescribed accreditation body (other than the Board) may only accredit a dog, or renew the accreditation of a dog, of a kind approved by the Board in respect of the prescribed accreditation body.\n\t(2)\tAn application for accreditation must—\n\t(a)\tbe made to a prescribed accreditation body in the manner and form determined by the prescribed accreditation body; and\n\t(b)\tbe accompanied by the fee fixed by the Board.\n\t(3)\tAn applicant must provide a prescribed accreditation body with any information required by the prescribed accreditation body for the purpose of determining the application.\n\t(4)\tAccreditation of a dog remains in force for the life of the dog unless—\n\t(a)\tit is revoked by the Board or the prescribed accreditation body that accredited the dog; or\n\t(b)\tit is surrendered by the owner of the dog.\n\t(5)\tThe Board must maintain a register of dogs accredited under this section (which may be kept in the form of a computer record) that is to be readily available for public inspection without fee.\n\t(6)\tThe accreditation of a dog may only be revoked if the Board or the prescribed accreditation body that accredited the dog is satisfied that—\n\t(a)\tthe dog's ill-health, injury or advanced age prevents the dog from carrying out its functions as an assistance dog; or\n\t(b)\tthe dog is temperamentally unsuitable to continue to be accredited as an assistance dog; or\n\t(c)\tthe owner of the dog is unable to maintain effective control of the dog (whether by command or by means of physical restraint).\n\t(7)\tIn this section—\nprescribed accreditation body—the following are prescribed accreditation bodies:\n\t(a)\tthe Board;\n\t(b)\tThe Royal Society for the Blind of SA Inc;\n\t(c)\tthe Guide Dogs Association of South Australia and Northern Territory Inc;\n\t(d)\tLions Hearing Dogs Inc;\n\t(e)\tany other person or body declared by the regulations to be a prescribed accreditation body.\n21B—Board may keep register relating to microchipped and desexed dogs and cats\n\t(1)\tThe Board may keep a register relating to the microchipping and desexing of dogs and cats in accordance with this or any other Act.\n\t(2)\tThe Register may—\n\t(a)\tcontain such information as the Board thinks fit; and\n\t(b)\tsubject to this Act, be kept in any manner the Board thinks appropriate (including in an electronic form) and may be combined with another register.\n\t(3)\tThe regulations may make further provision in relation to a register under this section (including, without limiting the generality of this subsection, provisions requiring the provision of such information to the Board as the Board may reasonably require and provisions regulating access to the register by members of the public).\n22—Powers of Board\n\t(1)\tThe Board has the powers necessary or incidental to the performance of its functions.\n\t(2)\tThe Board may, for example—\n\t(a)\tenter into any form of contract or arrangement; and\n\t(b)\tacquire, hold, deal with and dispose of real and personal property; and\n\t(c)\temploy staff or make use of the services of staff employed in the public or private sector; and\n\t(d)\tengage consultants or other contractors; and\n\t(e)\testablish committees (consisting of members, other persons or a combination of members and others) and assign to the committees advisory functions; and\n\t(f)\trequire councils to provide information relating to the administration or enforcement of this Act.\n23—Operational plans, budgets and information\n\t(1)\tThe Board must, from time to time, prepare and submit to the Minister—\n\t(a)\ta budget setting out estimates of the income of, and expenditure from, the Fund for the next financial year or for some other period determined by the Minister; and\n\t(b)\ta plan of the Board's proposed operations for the next financial year or for some other period determined by the Minister; and\n\t(c)\ta report on any matter relevant to the administration of this Act.\n\t(2)\tThe plan, budget or report must conform with any requirements of the Minister as to its form and the information that it is to contain.\n\t(3)\tThe Minister may, after consulting the LGA, approve a budget submitted under this section with or without modification.\n\t(4)\tThe Board may not expend money unless provision for the expenditure is made in a budget approved under this section or unless the expenditure is approved by the Minister after consultation with the LGA.\n23A—Delegation\n\t(1)\tSubject to this section, the Board may delegate functions or powers (other than a prescribed function or power) to any person or body of persons that is, in the Board's opinion, competent to perform or exercise the relevant functions or powers.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n\t(3)\tA function or power delegated under this section may, if the instrument of delegation so provides, be further delegated.\n24—Annual report\n\t(1)\tThe Board must, on or before 31 October in every year, forward to the Minister, the LGA and each council a report on the Board's operations for the preceding financial year.\n\t(2)\tThe report must contain—\n\t(a)\tthe audited statements of account of the Fund for the preceding financial year; and\n\t(b)\ta report on the status of dog and cat management in South Australia; and\n\t(c)\tany other information required by or under the provisions of this Act or any other Act.\n\t(3)\tThe Minister must, within 6 sitting days after receiving a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Dog and Cat Management Fund","content":"Division 4—Dog and Cat Management Fund\n25—Dog and Cat Management Fund\n\t(1)\tThe Dog and Cat Management Fund is established.\n\t(2)\tThe Fund is to be kept and administered by the Board.\n\t(3)\tThe Fund consists of—\n\t(a)\tthe money held in the Dog Control Statutory Fund immediately before the commencement of this Act; and\n\t(b)\tmoney required to be paid into the Fund under this Act (representing a proportion of dog registration fees received by councils);1 and\n\t(c)\tany other money received by the Board; and\n\t(d)\tinterest accruing from investment of the Fund.\n\t(4)\tThe Fund may be applied by the Board in making payments—\n\t(a)\ttowards the cost of establishing or maintaining facilities used for the detention of dogs and cats under this Act; and\n\t(b)\ttowards the cost of research or educational programs relating to dog or cat management; and\n\t(c)\tfor the administrative expenses associated with the operations of the Board; and\n\t(d)\tfor any other purpose in furtherance of the objects of this Act.\n\t(5)\tThe Fund may be invested as approved by the Treasurer.\n\t(6)\tThe Board must keep proper accounts of the receipts and payments from the Fund.\n\t(7)\tThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund.\n1\tSee section 26(5).\nPart 3—Administration and enforcement\nDivision 1—Authorised persons\n25A—Appointment of authorised persons\n\t(1)\tThe Board or a council may appoint suitable persons (other than members of the council) to be authorised persons for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe appointment of an authorised person by the Board or a council may, at any time, be revoked, or the conditions of appointment varied or revoked, by—\n\t(a)\tif the authorised person was appointed by the Board—the Board; or\n\t(b)\tif the authorised person was appointed by a council—the council.\n25B—Identification of authorised persons\n\t(1)\tAn authorised person appointed by the Board or a council must be issued with an identity card in a form approved by the Board.\n\t(2)\tIf the powers of the authorised person have been limited by conditions, the identity card issued to the person must contain a statement of those conditions.\n\t(3)\tAn authorised person appointed by the Board or a council must, at the request of a person in relation to whom the person intends to exercise powers under this Act, produce for the inspection of the person his or her identity card.\n25C—Area limitation on authorised persons appointed by councils\nAn authorised person appointed by a council may (subject to any conditions of the appointment of the person) exercise powers under this Act—\n\t(a)\twithin the area of the council; or\n\t(b)\toutside the area of the council for the purposes of—\n\t(i)\tseizing or destroying a dog or cat under this Act that has been pursued from within the area of the council; or\n\t(ii)\tinvestigating an offence against this Act committed, or suspected to have been committed, within the area of the council; or\n\t(c)\twithin the area of another council pursuant to an arrangement between the councils or at the request of an authorised person appointed by the other council.\nThis section does not apply to authorised persons appointed by the Board.\n25D—General powers of authorised persons\n\t(1)\tAn authorised person may (subject to any conditions of the appointment of the person) for the purposes of the administration or enforcement of this Act—\n\t(a)\tsubject to subsection (2), enter and inspect any place or vehicle and use such force as may be reasonably necessary to gain entry; or\n\t(b)\trequire a person to produce a dog or cat in the person's possession or control for inspection; or\n\t(c)\trequire a person who owns or is responsible for the control of a dog or cat to produce evidence that the dog or cat is microchipped or desexed or both; or\n\t(d)\trequire a person to produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) as reasonably required in connection with the administration or enforcement of this Act; or\n\t(e)\texamine, copy or take extracts from documents or information so produced or require a person to provide a copy of any such document or information; or\n\t(f)\tcarry out tests, make measurements or take photographs, films or video recordings as reasonably necessary in connection with the administration or enforcement of this Act; or\n\t(g)\tsubject to Part 5A, seize and retain anything that the authorised person reasonably suspects may constitute evidence of a contravention of this Act; or\n\t(h)\trequire a person whom the authorised person reasonably suspects to have committed, or to be committing or about to commit, any breach of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or\n\t(i)\trequire a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters; or\n\t(j)\tgive expiation notices to persons alleged to have committed expiable offences under this Act; or\n\t(k)\tgive any directions reasonably required in connection with the exercise of a power conferred above or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tAn authorised person cannot exercise the power conferred by subsection (1)(a) except—\n\t(a)\twith the consent of the owner or occupier of the place or the owner or person in charge of the vehicle; or\n\t(b)\ton the authority of a warrant issued by a justice; or\n\t(c)\tto seize a dog found wandering at large; or\n\t(d)\tto seize a dog under this Act in circumstances in which the authorised person believes on reasonable grounds that urgent action is required.\n\t(3)\tA justice must not issue a warrant under subsection (2) unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances.\n\t(4)\tAn application for a warrant under this section cannot be made to a justice who is a member, officer or employee of a council.\n\t(5)\tIn the exercise of powers under this Act, an authorised person may be assisted by such persons, and may use such equipment or materials, as he or she considers necessary in the circumstances.\nDivision 2—Council responsibility for administration and enforcement\n26—Council responsibility for management of dogs and cats\n\t(1)\tSubject to this Act, each council is required to administer and enforce the provisions of this Act relating to dogs and cats within its area and for that purpose must—\n\t(a)\tmaintain a register of dogs containing the information required by the Board (which may be kept in the form of a computer record); and\n\t(ab)\tensure that the Board is provided with information contained in the register as required by the Board from time to time; and\n\t(ac)\tmaintain such other registers as may be required by the Board; and\n\t(ad)\tmake the registers kept under the Act available for inspection by members of the public in accordance with any guidelines issued by the Board; and\n\t(ae)\tif guidelines issued by the Board so require, limit inspection of a register, or part of a register, kept under the Act by members of the public; and\n\t(b)\tappoint a suitable person to be Registrar; and\n\t(c)\tmake satisfactory arrangements for issuing and replacing certificates of registration and registration discs; and\n\t(d)\tappoint at least 1 full-time authorised person or make other satisfactory arrangements for the exercise of the functions and powers of authorised persons; and\n\t(e)\tmake satisfactory arrangements for the detention of dogs seized under this Act (and may, but need not, make such arrangements for cats seized under this Act); and\n\t(f)\tmake satisfactory arrangements for fulfilling other obligations under this Act.\n\t(1a)\tWithout limiting subsection (2), the arrangements referred to in subsection (1)(e) may consist of nominating a facility approved by the Board at which dogs or cats may be detained.\n\t(2)\tThe arrangements made by a council under this section must be satisfactory to the Board.\n\t(3)\tMoney received by a council under this Act must be expended in the administration or enforcement of the provisions of this Act relating to dogs and cats.\n\t(4)\tEach council must keep separate accounts of money received under this Act and of money expended in the administration and enforcement of the provisions of this Act relating to dogs and cats.\n\t(5)\tA council must pay into the Fund the percentage fixed by regulation of the dog registration fees received by the council.\n\t(6)\tCouncils may charge—\n\t(a)\tfees for the provision of extracts from registers kept under this Act; and\n\t(ab)\tfees for the receipt and management of information relating to a register contemplated by subsection (1)(ac); and\n\t(b)\tfees (which may be differential but which must not exceed an amount prescribed by the regulations for the purposes of this paragraph)—\n\t(i)\tfor the registration of dogs or businesses under Part 4; and\n\t(ii)\tfor late payment of registration fees; and\n\t(iii)\tfor meeting any other requirement imposed on councils under this Act.\n\t(7)\tWithout otherwise limiting a council's ability to set registration fees, a council must, in the case of a standard dog or cat, provide for a percentage rebate of a fee that would otherwise be charged for the registration of a dog or cat under this Act.\n\t(8)\tIn this section—\nstandard dog or cat means a dog or cat (as the case requires) that is both microchipped and desexed in accordance with this Act.\n26A—Plans of management relating to dogs and cats\n\t(1)\tEach council must, in accordance with any requirements set out in guidelines issued by the Board, prepare a plan relating to the management of dogs and cats within its area (which may be combined with another plan prepared by the council under this or any other Act).\n\t(2)\tA council must, on preparing or amending a plan of management, in a manner and form determined by the Board, notify the Board of that fact.\n31—Offence to hinder etc authorised person\n\t(1)\tA person who—\n\t(a)\thinders or obstructs an authorised person, or a person assisting an authorised person, in the exercise of powers conferred by this Act; or\n\t(b)\tuses abusive, threatening or insulting language to an authorised person, or a person assisting an authorised person; or\n\t(c)\trefuses or fails to comply with a requirement of an authorised person under this Act; or\n\t(d)\tfalsely represents, by words or conduct, that he or she is an authorised person,\nis guilty of an offence.\n31A—Medical practitioner must notify Board of certain injuries resulting from dog attacks\n\t(1)\tA registered medical practitioner who treats a victim of a dog attack for physical injury must, if of the opinion that the injury is one that should, because of the nature of the injury, be brought to the attention of the Board, notify the Board of the injury and the circumstances surrounding the injury.\n\t(2)\tThe Board must include a report of information received under this section in its annual report.\n32—Offences by authorised persons\nAn authorised person, or a person assisting an authorised person, who—\n\t(a)\taddresses offensive language to another person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to another person,\nis guilty of an offence.\n32A—Failure on part of council to discharge responsibilities \n\t(1)\tIf, in the opinion of the Board, a council fails to discharge its responsibilities under this Act, the Board may refer the matter to the Minister to whom the administration of the Local Government Act 1999 has been committed (with a view to that Minister taking action in relation to the council under that Act).\n\t(2)\tIf a matter is referred to the Minister under subsection (1), the Minister must ensure that a written response, setting out the action that the Minister has taken or proposes to take, is provided to the Board within 28 days after the referral of the matter to the Minister.\n","sortOrder":5},{"sectionNumber":"Part 4","sectionType":"part","heading":"Registration","content":"Part 4—Registration\n33—Dogs must be registered\n\t(1)\tEvery dog of or over 3 months of age must be registered under this Act.\n\t(2)\tIf a dog of or over 3 months of age is unregistered, any person who owns or is responsible for the control of the dog is guilty of an offence.\n\t(3)\tIf a person is guilty of an offence by reason of a dog being unregistered, the person is guilty of a further offence for each 14 days that the offence continues.\n\t(4)\tA person is not guilty of an offence against this section by reason of the fact that the dog is unregistered if—\n\t(a)\tless than 14 days has elapsed since the person first owned or became responsible for the control of the dog; or\n\t(b)\tthe dog—\n\t(i)\tis travelling with the person; and\n\t(ii)\tis not usually kept within the State; and\n\t(iii)\tis registered under a corresponding law or is usually kept outside Australia (but a person may not rely on this exception unless he or she has produced, at the request of an authorised person, satisfactory evidence of the matters specified in this subparagraph); or\n\t(c)\tthe person is responsible for the control of the dog only by reason of the dog being temporarily boarded at a boarding kennel approved by the council in whose area the kennel is situated.\n\t(5)\tThis section does not apply—\n\t(a)\tto a dog that has not been kept in any one area for more than 14 days in aggregate; or\n\t(b)\tto a dog while held in the custody of—\n\t(i)\ta police officer acting in that capacity; or\n\t(ii)\ta person acting under this or any other Act; or\n\t(iii)\ta person or body, or a person or body of a class, specified by the regulations.\n34—Registration procedure for individual dogs\n\t(1)\tAn application for registration of a dog—\n\t(a)\tmust be made to the Registrar for the area in which the dog is (or is to be) usually kept in the manner and form approved by the Board; and\n\t(b)\tmust nominate a person of or over 16 years of age who consents to the dog being registered in his or her name.\n\t(2)\tSubject to subsection (3), on application and payment of the registration fee and any fee for late payment of the registration fee, the Registrar must register the dog in the name of the person nominated and issue to that person a certificate of registration, and a registration disc, conforming with the requirements of the Board or the regulations.\n\t(3)\tThe Registrar may refuse to register a dog under this section if satisfied that the dog is (or is to be) kept in a kennel or used for a purpose in connection with a business that should, in the opinion of the Registrar, be registered under section 35.\n\t(4)\tA dog registered in the name of a particular person must, on application to the Registrar of the area in which the dog is kept, be registered in the name of some other person who is of or over 16 years of age and consents to the dog being registered in his or her name.\n35—Registration procedure for businesses involving dogs\n\t(1)\tThe owner or operator of a business consisting of or involving—\n\t(a)\ta kennel at which dogs are bred or trained; or\n\t(b)\tthe provision of security or other services involving the use of dogs,\nmay apply, in the manner and form approved by the Board, to the Registrar of the area in which the business is (or is to be) situated or from which the business is (or is to be) operated for registration of the business.\n\t(2)\tOn application and payment of the registration fee and any fee for late payment of the registration fee, the Registrar must, if satisfied that the applicant genuinely owns or operates a business as referred to in subsection (1), register the business and issue to the applicant a certificate of registration conforming with the requirements of the Board.\n\t(3)\tIf a business is registered under this section, all dogs bred or trained at the kennel or used in connection with the business that are of or over 3 months of age will, while kept at the kennel or used in the business, be taken to be registered.\n36—Duration and renewal of registration\n\t(1)\tRegistration under this Act remains in force until 30 June next ensuing after registration was granted and may be renewed from time to time for further periods of 12 months.\n\t(2)\tIf an application for renewal of registration is made before 31 August of the year in which the registration expired, the renewal operates retrospectively from the date of expiry.\n\t(3)\tRegistration of a dog under this Act expires if the dog is removed from the area in which it is registered with the intention that it will be usually kept at a place outside that area and 14 days have elapsed since it was removed from that area.1\n","sortOrder":6},{"sectionNumber":"1","sectionType":"section","heading":"In that event the dog must be re-registered in the new area.","content":"1\tIn that event the dog must be re-registered in the new area.\n37—Notifications to ensure accuracy of registers\n\t(1)\tThe person in whose name a dog is individually registered must inform the Registrar of the area in which the dog is registered as soon as practicable after any of the following occurs:\n\t(a)\tthe dog is removed from the place recorded in the register as the place at which the dog is usually kept with the intention that it will be usually kept at some other place (whether in the same area, in a different area or outside the State);\n\t(b)\tthe dog dies;\n\t(c)\tthe dog has been missing for more than 72 hours;\n\t(d)\tthe ownership of the dog is transferred to another person.\n\t(2)\tThe owner or operator of a business registered under this Part must inform the Registrar of the area in which the business is registered as soon as practicable after any of the following occurs:\n\t(a)\tthe business is transferred to another person; or\n\t(b)\tthe owner or operator ceases to carry on the business; or\n\t(c)\tany other circumstances of a kind specified in the regulations.\n\t(3)\tInformation given to the Registrar under this section must include such details as may be reasonably required for the purposes of ensuring the accuracy of registers kept under this Act.\n39—Rectification of register\nA person aggrieved by an entry in a register under this Act may apply to the council for the rectification of the register.\n41—Applications and fees\n\t(1)\tAn application under this Part—\n\t(b)\tmust be accompanied by any document or certificate required by the Board; and\n\t(c)\tmust be accompanied by the fee fixed by the relevant council.\n\t(2)\tNo fee is payable for the registration of an accredited assistance dog.\n\t(3)\tFor the purpose of determining an application under this Part or the fee to accompany the application, the Registrar to whom the application is made may require the applicant to produce satisfactory evidence supporting the application.\n","sortOrder":7},{"sectionNumber":"Part 4A","sectionType":"part","heading":"Microchipping and other identification","content":"Part 4A—Microchipping and other identification\n42A—Dogs and cats to be microchipped\n\t(1)\tThe owner of a dog or cat must ensure that the dog or cat is microchipped in accordance with any requirements set out in the regulations.\n\t(2)\tAn owner of a dog or cat who contravenes subsection (1) is guilty of an offence.\n\t(a)\tif the dog is a dog of a prescribed breed, or an attack trained dog, guard dog or patrol dog—$5 000;\n\t(a)\tif the dog is a dog of a prescribed breed, or an attack trained dog, guard dog or patrol dog—$750;\n\t(3)\tSubsection (1) does not apply to, or in relation to—\n\t(a)\tan animal welfare organisation (other than in relation to a guard dog or patrol dog owned by an animal welfare organisation); or\n\t(b)\ta person or body detaining a dog or cat that has been seized under this Act; or\n\t(c)\ta dog or cat that is not usually kept within the State.\n\t(4)\tIn proceedings for an offence against this section, it is a defence for the defendant to prove that he or she believed on reasonable grounds that the dog or cat had, in fact, been microchipped.\n\t(5)\tWithout limiting the regulations that may be made for the purposes of this section, the regulations may—\n\t(a)\tprescribe a period or periods (whether by reference to the age of an animal or the sale of an animal or otherwise) within which dogs and cats must be microchipped; and\n\t(b)\tprescribe a minimum or maximum age at which dogs and cats may be required to be microchipped; and\n\t(c)\tprescribe requirements relating to who can microchip a dog or cat; and\n\t(d)\texempt a person or body, or dog or cat, of a specified class from the operation of this section (whether conditionally or unconditionally).\n\t(6)\tNothing in this section limits the operation of section 42C.\n42B—Further offence if certain dogs and cats not microchipped following offence against section 42A\n\t(a)\ta person is found guilty of, or expiates, an offence against section 42A; and\n\t(b)\tthe person refuses or fails without reasonable excuse to have the dog or cat to which the offence relates microchipped,\nthe person is guilty of a further offence for each period of 3 months after the day on which the person is found guilty or expiates the offence (as the case requires) during which the dog or cat is not microchipped.\n\t(2)\tSubsection (1) does not apply to a person to the extent that they are complying with an order of a court that is inconsistent with that subsection, or that the refusal or failure to microchip the dog or cat is otherwise authorised under this or any other Act.\n42C—Further requirements relating to identification of certain dogs and cats\n\t(1)\tThis section applies to—\n\t(a)\ta dog or cat that is not required to be microchipped under this Act; and\n\t(b)\ta dog or cat that is required to be microchipped under this Act once it reaches a specified age or has been owned for a specified period, but has not yet reached that age or been owned for that period,\nbut does not apply to a dog or cat of a class declared by the regulations to be excluded from the operation of this section.\n\t(2)\tThe owner of a dog or cat to which this section applies must ensure that the dog or cat (as the case requires), at all times while the dog or cat is not effectively confined to premises of which the person is the occupier, wears a collar around its neck to which is attached—\n\t(a)\tif the dog or cat is required to be registered under this Act—the registration disc last issued for the dog or cat; and\n\t(b)\tin any case—a tag legibly setting out—\n\t(i)\tthe name of the owner of the dog or cat, or of a person entitled to possession of the dog or cat; and\n\t(ii)\teither—\n\t(A)\tthe address of the owner or other person; or\n\t(B)\tthe telephone number of the owner or other person.\nExpiation fee: $170.\n\t(3)\tIn proceedings for an offence against subsection (2), it is a defence for the defendant to prove that the dog or cat was, at the relevant time, suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to its health.\n","sortOrder":8},{"sectionNumber":"Part 4B","sectionType":"part","heading":"Desexing","content":"Part 4B—Desexing\n42D—Application of Part\nThis Part does not apply in relation to working livestock dogs.\n42E—Certain dogs and cats to be desexed\n\t(1)\tThe owner of a dog or cat must ensure that the dog or cat is desexed in accordance with any requirements set out in the regulations.\n\t(2)\tAn owner of a dog or cat who contravenes subsection (1) is guilty of an offence.\n\t(a)\tif the dog is a dog of a prescribed breed—$750;\n\t(3)\tHowever, this section does not apply to, or in relation to—\n\t(a)\tan animal welfare organisation; or\n\t(b)\texcept in relation to a dog that is of a prescribed breed—a person registered as a breeder under Part 7; or\n\t(c)\ta dog or cat that is not usually kept within the State.\n\t(4)\tWithout limiting the regulations that may be made for the purposes of this section, the regulations may—\n\t(a)\tprescribe a period (whether by reference to the age of an animal or the sale of an animal or otherwise) within which dogs and cats must be desexed; and\n\t(b)\tprescribe a minimum or maximum age at which dogs and cats may be required to be desexed; and\n\t(c)\tprescribe requirements relating to who can desex a dog or cat; and\n\t(d)\texempt a person or body, or dog or cat, of a specified class from the operation of this section (whether conditionally or unconditionally).\n42F—Further offence if certain dogs and cats not desexed following offence against section 42E\n\t(a)\ta person is found guilty of, or expiates, an offence against section 42E; and\n\t(b)\tthe person refuses or fails without reasonable excuse to have the dog or cat to which the offence relates desexed,\nthe person is guilty of a further offence for each period of 3 months after the day on which the person is found guilty or expiates the offence (as the case requires) during which the dog or cat is not desexed.\n\t(2)\tSubsection (1) does not apply to a person to the extent that they are complying with an order of a court that is inconsistent with that subsection, or that the refusal or failure to desex the dog or cat is otherwise authorised under this or any other Act.\n","sortOrder":9},{"sectionNumber":"Part 5","sectionType":"part","heading":"Management of dogs","content":"Part 5—Management of dogs\nDivision 1—Offences relating to duties of owners and others responsible for control of dog\n43—Dogs not to be allowed to wander at large\n\t(1)\tA person who owns or is responsible for the control of a dog is guilty of an offence if the dog is wandering at large.\n\t(a)\tif the dog is a dangerous dog or a dog of a prescribed breed—$10 000;\n\t(b)\tin any other case—$5 000.\n\t(a)\tif the dog is a dangerous dog or a dog of a prescribed breed—$1 000;\n\t(2)\tIt is a defence to a charge of an offence against this section if it is proved that the defendant had taken all reasonable steps to prevent the dog from wandering at large.\n\t(3)\tIf a person is found guilty of, or expiates, a subsequent offence, the court should, unless it is of the opinion that the circumstances of the particular case are exceptional, make one or more of the following orders in addition to imposing the penalty:\n\t(a)\tthat the dog be disposed of in a specified manner within a specified period;\n\t(b)\tthat the order for disposal be remitted in specified circumstances;\n\t(c)\tany other order (including an order as to costs and for compensation) that the court thinks fit.\n44—Dogs not to be allowed to attack etc\n\t(1)\tA person who sets on or urges a dog to attack, harass or chase a person or an animal or bird owned by or in the charge of another person is guilty of an offence (whether or not actual injury is caused).\nMaximum penalty: $50 000 or imprisonment for 2 years.\n\t(2)\tA person who owns or is responsible for the control of a dog is guilty of an offence if the dog attacks, harasses or chases or otherwise endangers the health of a person or an animal or bird owned by or in the charge of another person (whether or not actual injury is caused).\n\t(a)\tif the offence results in the death of, or serious injury to, a person, animal or bird—\n\t(i)\tif the dog is a dangerous dog or a dog of a prescribed breed—$50 000;\n\t(ii)\tin any other case—$25 000;\n\t(b)\tin any other case—\n\t(i)\tif the dog is a dangerous dog or a dog of a prescribed breed—$25 000;\n\t(ii)\tin any other case—$10 000.\n\t(a)\tif the offence results in the death of, or serious injury to, a person, animal or bird—\n\t(i)\tif the dog is a dangerous dog or a dog of a prescribed breed—$1 500;\n\t(ii)\tin any other case—$1 000;\n\t(b)\tin any other case—\n\t(i)\tif the dog is a dangerous dog or a dog of a prescribed breed—$1 000;\n\t(ii)\tin any other case—$500.\n\t(3)\tA person who is guilty of an offence against subsection (1) is guilty of an aggravated offence if the offence relates to a dog that is a dangerous dog or a dog of a prescribed breed and, on conviction, the person is liable to a monetary penalty not exceeding double the monetary penalty, or imprisonment for a term not exceeding double the term, that would otherwise apply under that subsection for that offence.\n\t(4)\tIt is a defence to a charge of an offence against this section if it is proved that the dog was at the time of the offence being genuinely used in the reasonable defence of a person or property, or for droving or removing an animal found trespassing.\n45—Transporting unrestrained dogs in vehicles\n\t(1)\tIf a dog is not physically restrained while being transported in the open tray of a utility, truck or other similar vehicle, the driver of the vehicle is guilty of an offence.\n\t(2)\tIf an authorised person reasonably suspects that a vehicle has been used to transport a dog contrary to this section, the authorised person may apply to the Registrar of Motor Vehicles for the name and address of the registered owner of the vehicle.\n\t(3)\tFor the purposes of this section, a dog is physically restrained while being transported in the open tray of a utility, truck or other similar vehicle if—\n\t(a)\tthe dog is being transported within a cage or other like enclosure; or\n\t(b)\tthe dog is securely tethered to the vehicle so that the dog cannot fall or escape from the vehicle.\n\t(4)\tThis section does not apply to the transport of—\n\t(a)\tan accredited assistance dog; or\n\t(b)\ta dog that is being used in the droving or tending of stock or is going to or returning from a place where it will be, or has been, so used.\n45A—Miscellaneous duties relating to dogs\n\t(1)\tA person who owns or is responsible for the control of a dog is guilty of an offence if the dog is on premises and causes injury to a person or property of a person lawfully entering those premises.\n\t(a)\tif the dog is a dangerous dog or a dog of a prescribed breed—$10 000;\n\t(b)\tin any other case—$5 000.\n\t(a)\tif the dog is a dangerous dog or a dog of a prescribed breed—$1 000;\n\t(b)\tin any other case—$750.\n\t(2)\tA person who owns or is responsible for the control of a dog is guilty of an offence if the dog (not being an accredited assistance dog) is in, or in the grounds of, a school, kindergarten, child care centre or pre-school centre without the permission of the person in charge of that place.\n\t(3)\tA person who owns or is responsible for the control of a dog is guilty of an offence if the dog (not being an accredited assistance dog) is in a shop, not being a pet shop, grooming parlour or premises used for the purposes of the practice of a veterinarian, without the permission of the shopkeeper.\n\t(4)\tA person who owns or is responsible for the control of a dog is guilty of an offence if the dog rushes at or chases a vehicle (other than on premises of which the person is the occupier).\n\t(5)\tA person who owns or is responsible for the control of a dog is guilty of an offence if the dog (either alone or together with other dogs, whether or not in the same ownership) creates a noise, by barking or otherwise, which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of a person.\n\t(6)\tA person who owns or is responsible for the control of a dog (not being an accredited assistance dog) is guilty of an offence if the dog defecates in a public place and the person responsible for the control of the dog does not immediately remove the faeces and dispose of them in a lawful and suitable manner.\n\t(7)\tA person who owns or is responsible for the control of a dog (not being an accredited assistance dog) is guilty of an offence if—\n\t(a)\tthe dog defecates in a private place; and\n\t(b)\tunless the owner or occupier of the private place allows otherwise, the person responsible for the control of the dog does not immediately remove the faeces and dispose of them in a lawful and suitable manner.\nMaximum penalty: $1 250.\n","sortOrder":10},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Provisions relating to certain breeds etc of dogs","content":"Division 1A—Provisions relating to certain breeds etc of dogs\n45B—Dogs of prescribed breed\n\t(1)\tA person who owns or is responsible for the control of a dog of a prescribed breed must ensure that, at any time the dog is not confined in premises of which that person is the occupier—\n\t(a)\tthe dog has a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and\n\t(b)\tthe dog is under the effective control of a person by means of physical restraint.\nExpiation fee: $750.\n\t(4)\tA person who sells or gives away, or advertises for sale or to give away, a dog of a prescribed breed is guilty of an offence.\n45C—Greyhounds\n\t(1)\tA person who owns or is responsible for the control of a greyhound (not being a racing greyhound) must ensure that, at any time the greyhound is not confined in premises of which that person is the occupier, the greyhound is under the effective control of a person by means of physical restraint.\n\t(1a)\tA person who owns or is responsible for the control of a racing greyhound must ensure that, at any time the racing greyhound is not confined in premises of which that person is the occupier—\n\t(a)\tthe greyhound has a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and\n\t(b)\tthe greyhound is under the effective control of a person by means of physical restraint.\n\t(2)\tSubsections (1) and (1a) do not apply if the greyhound—\n\t(a)\tis being raced, exercised or trained on land (not being a public dog park provided by a council) with the consent of the owner or occupier of the land; or\n\t(b)\tis participating in an organised activity (being a show, trial or class) and is under the effective control of a person by command, the greyhound being in close proximity to the person and the person being able to see the greyhound at all times; or\n\t(c)\tis on premises with the consent of the owner or occupier of the premises.\n\t(3)\tIn this section—\nracing greyhound means a greyhound currently registered as a racing greyhound with Greyhound Racing SA, or a corresponding body in another jurisdiction.\n45D—Attack trained dogs, guard dogs and patrol dogs\n\t(1)\tA person who owns, or is responsible for the control of an attack trained dog, a guard dog or a patrol dog is guilty of an offence if, after the day declared for the purpose under this section, any of the following requirements is not complied with:\n\t(c)\tthe dog, while on premises of which the person who is responsible for the control of the dog is the occupier, must be kept indoors or in an enclosure that is constructed so as to prevent the dog escaping from it;\n\t(d)\tthe dog must, at all times, wear a collar that complies with the requirements of the Board (except while the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog);\n\t(e)\tthe dog must, except while confined to premises of which the person who is responsible for the control of the dog is the occupier, be under the effective control of a person by means of physical restraint;\n\t(f)\twarning signs (complying with the requirements of the Board) must be prominently displayed at all entrances to premises where the dog is usually kept warning people that an attack trained dog, a guard dog or patrol dog (as the case may be) is kept on the premises.\nMaximum penalty: $7 500.\nExpiation fee: $750.\n\t(2)\tSubsection (1) does not apply while the dog is participating in an organised activity (being a show, trial or class) and is under the effective control of a person by command, the dog being in close proximity to the person and the person being able to see the dog at all times.\n\t(3)\tFor the purposes of this section, the Board may—\n\t(a)\tby notice in the Gazette, declare a day to be the day from which the provisions of this section apply in respect of dogs within the area of the council specified in the notice; and\n\t(b)\tby further notice in the Gazette, vary such a declaration.\n","sortOrder":11},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Court's power to make orders in criminal proceedings","content":"Division 1B—Court's power to make orders in criminal proceedings\n47—Court's power to make orders in criminal proceedings\n\t(1)\tIf a person is found guilty of an offence against this Act, the court may, in addition to, or instead of, imposing a penalty, make one or more of the following orders:\n\t(a)\tthat the dog be destroyed or disposed of in a specified manner within a specified period;\n\t(b)\tthat the order for destruction or disposal be remitted in specified circumstances;\n\t(c)\tthat the dog be registered under this Act;\n\t(ca)\tthat the dog be identified in a specified manner;\n\t(cb)\tthat the dog be seized and detained for a period specified in the order or until further order of the court;\n\t(d)\tthat the dog be controlled in a specified manner;\n\t(e)\tthat specified action be taken within a specified period to abate any danger or nuisance posed by the dog;\n\t(ea)\tthat the dog be desexed;\n\t(eb)\tthat any other dog owned by the person, or for the control of which the person is responsible, be destroyed or disposed of in a specified manner within a specified period;\n\t(f)\tthat the person not acquire another dog for a specified period or until further order of the court;\n\t(g)\tthat the person pay compensation for injury, damage or loss suffered by a person as a result of the actions of the dog;\n\t(h)\tany other order that the case requires.\n\t(2)\tAn order must state to whom it is directed.\n\t(3)\tA person who fails to comply with an order made against the person under this section is guilty of an offence.\n\t(4)\tAn order under this section binds the person against whom it is made despite the fact that the ownership or control of the dog has changed or is not known, or that the dog is no longer being kept in the same place, unless, on application to the Magistrates Court, the Court is satisfied that the changed circumstances are such that the order should be varied.\n\t(5)\tIf an order under this section is contravened, an authorised person may take reasonable steps to give effect to the order and the council within the area of which the dog subject to the order is kept may recover the cost of that action as a debt from a person who owns or is responsible for the control of the dog.\nDivision 2—Directions relating to management of dogs\n48—Authorised officers may give directions\n\t(1)\tAn authorised officer may, by notice in writing, give a person who owns or is responsible for the control of a dog or dogs such directions as the authorised officer considers necessary or appropriate—\n\t(a)\tto prevent the commission of an offence against Division 1, or any other offence prescribed by the regulations; or\n\t(b)\tto prevent or manage behaviour of the dog or dogs that would, if the behaviour continues or is repeated, constitute grounds on which an order under Division 3 may be made.\n\t(2)\tWithout limiting the matters that may be the subject of a direction under this section, a direction may require a person to take, or to cease, such action as may be specified in the direction.\n\t(3)\tA direction under this section—\n\t(b)\tmust be recorded by the authorised officer in a manner and form approved by the Board; and\n\t(c)\ttakes effect when the authorised officer first gives the written notice to the person; and\n\t(d)\tmay be conditional or unconditional; and\n\t(e)\tmay relate to 1 or more dogs; and\n\t(f)\tmust comply with any other requirements set out in the regulations.\n\t(4)\tA direction under this section may be revoked by an authorised officer by written notice to the person to whom the direction was given.\n\t(5)\tA person who contravenes a direction under this section is guilty of an offence.\nExpiation fee: $500.\n\t(6)\tIf a direction under this section is contravened, an authorised officer, or a person authorised by the relevant council for the purpose, may take any action required under the direction.\n\t(7)\tThe reasonable costs and expenses incurred in taking action under subsection (6) may be recovered by the relevant council as a debt from the person who contravened the direction.\nDivision 3—Destruction and control orders\n50—Destruction and control orders\n\t(1)\tA council or the Board may, in accordance with this Division, make an order of any of the following classes in relation to a specified dog:\n\t(a)\ta Destruction Order;\n\t(b)\ta Control (Dangerous Dog) Order;\n\t(c)\ta Control (Menacing Dog) Order;\n\t(d)\ta Control (Nuisance Dog) Order;\n\t(e)\ta Control (Barking Dog) Order.\n\t(2)\tA Destruction Order requires—\n\t(a)\tthe dog to be destroyed within the period specified in the order (but not less than one month after the date the order takes effect); and\n\t(b)\tthe dog, until destroyed, to be kept or detained at a place specified in the order (or at some other place subsequently approved by the council or the Board (as the case requires)).\n\t(3)\tA Control (Dangerous Dog) Order requires—\n\t(a)\tif the dog has not been desexed—the dog to be desexed within the period specified in the order; and\n\t(b)\tif the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and\n\t(c)\tthe dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and\n\t(d)\tthe dog, at all times, to wear a collar that complies with the requirements of the Board (except while the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog); and\n\t(e)\tthe dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier—\n\t(i)\tto have a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and\n\t(ii)\tto be under the effective control of a person by means of physical restraint; and\n\t(f)\twarning signs (complying with the requirements of the Board) to be prominently displayed at all entrances to premises where the dog is usually kept warning people that a dangerous dog is kept on the premises; and\n\t(g)\tthe dog or the person or both to undertake such approved training courses as may be specified in the order; and\n\t(h)\tall reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order.\n\t(4)\tA Control (Menacing Dog) Order requires—\n\t(a)\tif the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and\n\t(b)\tthe dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and\n\t(c)\tthe dog, at all times, to wear a collar that complies with the requirements of the Board (except while the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog); and\n\t(d)\tthe dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier—\n\t(i)\tto have a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and\n\t(ii)\tto be under the effective control of a person by means of physical restraint; and\n\t(da)\tthe dog or the person or both to undertake such approved training courses as may be specified in the order; and\n\t(e)\tall reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order.\n\t(5)\tA Control (Nuisance Dog) Order requires—\n\t(a)\tthe dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and\n\t(b)\tthe dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier, to be under the effective control of a person by means of physical restraint; and\n\t(c)\tall reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order; and\n\t(d)\tthe dog or the person or both to undertake such approved training courses as may be specified in the order.\n\t(6)\tA Control (Barking Dog) Order requires—\n\t(a)\tall reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order; and\n\t(b)\tthe dog or the person or both to undertake such approved training courses as may be specified in the order.\n\t(7)\tIn this section—\napproved training course means a training course approved for the time being by the Board for the purposes of this section.\n51—Grounds on which orders may be made\n\t(1)\tA council or the Board may make an order in relation to a dog under this Division if satisfied that—\n\t(a)\tin the case of a Destruction Order—\n\t(i)\tthe dog is unduly dangerous; and\n\t(ii)\tthe dog has attacked, harassed or chased a person or an animal or bird owned by or in the charge of a person (whether or not actual injury is caused); or\n\t(b)\tin the case of a Control (Dangerous Dog) Order—\n\t(A)\tis dangerous; and\n\t(B)\thas attacked, harassed or chased a person or an animal or bird, or is likely to do so (whether or not actual injury is caused); or\n\t(ii)\tthe dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Dangerous Dog) Order; or\n\t(c)\tin the case of a Control (Menacing Dog) Order—\n\t(A)\tis menacing; and\n\t(B)\thas attacked, harassed or chased a person or an animal or bird, or is likely to do so (whether or not actual injury is caused); or\n\t(ii)\tthe dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Menacing Dog) Order; or\n\t(d)\tin the case of a Control (Nuisance Dog) Order—\n\t(A)\tis a nuisance; and\n\t(B)\thas attacked, harassed or chased a person or an animal or bird, or is likely to do so (whether or not actual injury is caused); or\n\t(ii)\tthe dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Nuisance Dog) Order; or\n\t(e)\tin the case of a Control (Barking Dog) Order—\n\t(i)\tthe dog is a nuisance; and\n\t(ii)\tthe dog has created an unreasonable amount of noise by barking.\n\t(2)\tTo avoid doubt, a council or the Board may make an order in relation to a dog under this Division—\n\t(a)\twhether or not a person has been charged with an offence against this or any other Act in relation to the behaviour of the dog to which the order relates; or\n\t(b)\tin circumstances where a person has been charged with an offence against this or any other Act in relation to the behaviour of the dog to which the order relates but is found not guilty of the offence (except where the court has made a finding that the dog did not, in fact, engage in the behaviour to which the order relates).\n52—Procedure for making and revoking orders\n\t(a1)\tA council or the Board may make an order under this Division on its own initiative or on an application made in a manner and form determined by the council or the Board (as the case requires).\n\t(1)\tBefore making an order under this Division in relation to a dog, the council or the Board (as the case requires) must take reasonable steps—\n\t(a)\tto ascertain all persons who own or are responsible for the control of the dog; and\n\t(b)\tto give each of the persons so ascertained at least 7 days written notice—\n\t(i)\tidentifying the dog in relation to which it is proposed that the order be made; and\n\t(ii)\tsetting out the terms of the proposed order; and\n\t(iii)\tinviting the owner or other person to make submissions to the council or the Board in respect of the matter within 7 days or such longer period as is allowed by the council or the Board (as the case requires).\n\t(2)\tAn order made by a council—\n\t(b)\tmust be noted in the register kept by the council under this Act; and\n\t(c)\ttakes effect when the council first gives a copy of the order to a person who owns or is responsible for the control of the dog.\n\t(3)\tThe council or the Board (as the case requires) must take reasonable steps to give a copy of the order to each person who owns or is responsible for the control of the dog.\n\t(4)\tAn order made by a council may be revoked by the council by written notice to a person who owns or is responsible for the control of the dog.\n\t(5)\tA note of the revocation must be entered in the register kept by the council under this Act.\n\t(6)\tAn order made by the Board—\n\t(a)\ttakes effect when the Board first gives a copy of the order to a person who owns or is responsible for the control of the dog; and\n\t(b)\tmay be revoked by the Board by written notice to a person who owns or is responsible for the control of the dog; and\n\t(c)\tmust, at the request of the Board, be noted in the register kept under this Act by the council in whose area the dog is usually kept.\n54—Application of orders\n\t(1)\tAn order under this Division binds any person who, for the time being, owns or is responsible for the control of the dog.\n\t(2)\tIf a dog is usually kept in an area other than the area of the council that imposed the order, the order continues to apply as if it were an order of the council of the area in which the dog is usually kept.\n55—Contravention of order\n\t(1)\tIf an order under this Division is contravened, any person who owns or is responsible for the control of the dog is guilty of an offence.\n\t(a)\tin the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$10 000;\n\t(b)\tin the case of a contravention of a Control (Nuisance Dog) Order—$5 000;\n\t(c)\tin the case of a contravention of a Control (Barking Dog) Order—$2 500.\n\t(a)\tin the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$750;\n\t(b)\tin any other case—$500.\n\t(2)\tIt is a defence to a charge of an offence against this section if it is proved that the defendant was not, at the time of the alleged offence, aware that the order was in force.\n\t(3)\tIf an order under this Division is contravened, an authorised person may take reasonable steps to give effect to the order and the cost of that action may be recovered as a debt from a person who owns or is responsible for the control of the dog.\n56—Notification to council\n\t(1)\tA person who owns or is responsible for the control of a dog subject to an order under this Division must inform the council of the area in which the dog is usually kept as soon as practicable if—\n\t(a)\tthe dog attacks a person or an animal or bird owned by or in the charge of a person; or\n\t(b)\tthe dog is missing; or\n\t(c)\tthe dog dies; or\n\t(d)\tthe ownership of the dog changes.\n\t(a)\tif the dog is a dangerous dog or a dog of a prescribed breed—$500;\n\t(2)\tIf the place at which a dog subject to an order under this Division is usually kept changes, a person who owns or is responsible for the control of the dog must, as soon as practicable, inform—\n\t(a)\tthe council of the area from which or within which the dog is moved; and\n\t(b)\tif the dog is moved into another council area—the council of that area.\n\t(a)\tif the dog is a dangerous dog or a dog of a prescribed breed—$2 500;\n\t(b)\tin any other case—$1 250.\n\t(a)\tif the dog is a dangerous dog or a dog of a prescribed breed—$315;\n\t(b)\tin any other case—$210.\n\t(3)\tInformation given to the Registrar under this section must include such details as the Registrar may reasonably require.\n\t(4)\tIn the case of an order made by the Board, the Registrar must notify the Board of any information received under this section.\n57—Notification of order to proposed new owner of dog\nBefore ownership of a dog subject to an order under this Division changes, the person proposing to transfer ownership must inform the person to whom ownership is to be transferred about the order.\nExpiation fee: $500.\n59—Power of court to order destruction or control of dog on application\nIf a dog is shown to be unduly dangerous, the Magistrates Court may, on application, make any order in relation to the dog that a court could have made if the proceedings had been criminal proceedings under this Act (and the order takes effect as if it had been made in such proceedings).\n","sortOrder":12},{"sectionNumber":"Div 3A","sectionType":"division","heading":"Prohibition orders","content":"Division 3A—Prohibition orders\n59A—Prohibition orders\n\t(1)\tA council or the Board may, in accordance with this Division, make a Prohibition Order against a person.\n\t(2)\tA Prohibition Order—\n\t(a)\tprohibits the person from acquiring or becoming responsible for the control of any dog for the period specified in the order; and\n\t(b)\trequires each dog owned by the person, or for the control of which the person is responsible, at the time the order takes effect—\n\t(i)\tto be destroyed or, if the order so allows, disposed of in a specified manner, within a specified period (but not less than one month after the order takes effect); and\n\t(ii)\tuntil destroyed or disposed of, to be kept or detained at a place specified in the order (or at some other place subsequently approved by the council or the Board (as the case requires)).\n\t(3)\tA council or the Board may, on its own initiative or on application, make a Prohibition Order against a person if satisfied that—\n\t(a)\twhile the person owned or was responsible for the control of a dog, the dog attacked, harassed or chased a person or an animal or bird owned by or in the charge of a person in circumstances that would constitute an offence against this Act; and\n\t(b)\t—\n\t(i)\tthe dog was already subject to a Destruction Order or a Control (Dangerous Dog) Order; or\n\t(ii)\tduring the 5 years preceding the event referred to in paragraph (a), a Destruction Order or a Control (Dangerous Dog) Order was made in relation to some other dog on grounds that arose while the person owned or was responsible for the control of that other dog.\n\t(3a)\tA council or the Board may, on its own initiative or on application, make a Prohibition Order against a person if satisfied that the person is subject to a supervision order under section 269O of the Criminal Law Consolidation Act 1935.\n\t(4)\tHowever, a council or the Board may not make a Prohibition Order if the person satisfies the council or the Board that—\n\t(a)\tthe person did not intend the event referred to in subsection (3)(a) to occur and the event did not result from any failure on the part of the person to take all reasonable steps to avoid the occurrence of the event; or\n\t(b)\tthe event referred to in subsection (3)(a) occurred while the dog was, without the person's consent, in the possession or control of another person.\n\t(5)\tAn order made by a council—\n\t(b)\tmust be recorded by the council in a manner and form approved by the Board and the record kept readily available for public inspection; and\n\t(c)\ttakes effect when the council gives a copy of the order to the person against whom it is made.\n\t(6)\tAn order made by a council may be revoked by the council by written notice to the person against whom the order was made.\n\t(7)\tA note of the revocation must be entered in the record kept by the council under this section.\n\t(8)\tAn order made by the Board—\n\t(a)\ttakes effect when the Board gives a copy of the order to the person against whom it is made; and\n\t(b)\tmay be revoked by the Board by written notice to a person who owns or is responsible for the control of the dog; and\n\t(c)\tmust, at the request of the Board, be noted in the register kept under this Act by the council in whose area the dog is usually kept.\n59B—Contravention of Prohibition Order\n\t(1)\tA person who contravenes a Prohibition Order is guilty of an offence.\n\t(2)\tIt is a defence to a charge of an offence against this section if it is proved that the defendant was not, at the time of the alleged offence, aware that the order was in force.\n\t(3)\tIf a Prohibition Order is contravened, an authorised person may take reasonable steps to give effect to the order and the cost of that action may be recovered as a debt from the person subject to the order.\n","sortOrder":13},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Destruction, seizure and detention etc of dogs and cats","content":"Part 5A—Destruction, seizure and detention etc of dogs and cats\nDivision 1—Destruction, seizure and detention etc of dogs\n59D—Power to destroy dogs\n\t(1)\tA person may lawfully destroy or injure a dog in the following circumstances:\n\t(a)\tif that action is reasonable and necessary for the protection of life or property;\n\t(b)\tif the person is the owner or occupier of land, or a person acting under the authority of the owner or occupier of land, and the dog, unaccompanied by a person, is found in an enclosed paddock or other enclosed place in which an animal that is being farmed is confined;\n\t(c)\tif the person is a warden under the National Parks and Wildlife Act 1972 and—\n\t(i)\tthe dog is attacking or harassing a protected animal within the meaning of that Act on a reserve within the meaning of that Act; and\n\t(ii)\tthere is no other way of protecting the protected animal.\nSee also section 62.\n\t(2)\tWithout limiting subsection (1), an authorised person may lawfully destroy or injure a dog in any of the circumstances specified in that subsection.\n\t(3)\tNothing in this section limits the operation of section 34B of the Animal Welfare Act 1985.\n60—Power to seize and detain dogs\n\t(1)\tAn authorised person may seize and detain a dog in any of the following circumstances:\n\t(a)\tif the dog is wandering at large;\n\t(b)\tif the authorised person reasonably believes it necessary to seize the dog in order to prevent or stop the dog attacking, harassing or chasing a person or an animal or bird owned by or in the charge of a person (whether or not actual injury has been or may be caused);\n\t(c)\tif the authorised person reasonably believes that the dog is unduly dangerous;\n\t(d)\tif the dog is the subject of an order under Part 5 Division 3 and the authorised person reasonably suspects that the person who owns or is responsible for the control of the dog has contravened the order;\n\t(e)\tif the person who owns or is responsible for the control of the dog is subject to a Prohibition Order under Part 5 Division 3A;\n\t(f)\tif the authorised person reasonably believes it necessary to detain the dog in order to ensure that an order under this Act for the destruction or disposal of the dog is carried out;\n\t(g)\tif requested to do so by a member of an emergency service;\n\t(i)\tin any other circumstances prescribed by the regulations.\n\t(2)\tIf an authorised person reasonably believes that it is dangerous or impracticable to seize a dog because of its savagery or other sufficient cause, the dog may be injured or destroyed.\n\t(3)\tIf a dog is injured or destroyed under subsection (2), the authorised person must take reasonable steps to inform a person who owns or is responsible for the control of the dog.\n\t(4)\tAn inspector under the Animal Welfare Act 1985 may exercise the powers of an authorised person under this Division in relation to a dog found wandering at large while the inspector is acting in the ordinary course of his or her duties under that Act.\n61—Procedure following seizure of dog\n\t(1)\tIf a dog is seized under this Division, it must either—\n\t(a)\tbe returned to a person who owns or is responsible for the control of the dog; or\n\t(b)\tbe detained in a facility approved by the Board for the purpose of detaining dogs.\n\t(2)\tIf a dog is detained, the person causing it to be detained must—\n\t(a)\teither—\n\t(i)\tcause a notice to be displayed at the office of the council for the area in which the dog was seized (or if the dog was seized outside municipal and district council areas, at the police station nearest to where the dog was seized) containing—\n\t(A)\ta general description of the dog; and\n\t(B)\tthe day and time it was seized; and\n\t(C)\tcontact details of a person or body to whom further enquiries can be made; or\n\t(ii)\tcause such a notice to be published on the official website of the council for the area in which the dog was seized (or if the dog was seized outside municipal and district council areas, on the official website of SA Police).\n\t(b)\tif a person who owns or is responsible for the control of the dog is known to the person or is readily ascertainable—cause notice of the detention to be given, as soon as practicable, to the owner or other person in the manner and form required by the Board.\n\t(3)\tA notice under subsection (2)(a) must remain displayed for at least 72 hours.\n\t(4)\tIf a dog is seized in order to prevent or stop it attacking, harassing or chasing a person or an animal or bird or because it is unduly dangerous—\n\t(a)\tthe council must, as soon as practicable, proceed to consider making an order in relation to the dog or applying to the Magistrates Court for an order in relation to the dog; and\n\t(b)\tif notice of an intention to make an order in relation to the dog has not been given, or an application to the Magistrates Court has not been made, within 7 days after the dog was seized, the dog must be returned to a person entitled to its return.\n\t(5)\tIf a Control (Dangerous Dog) Order is made or in force in respect of a dog detained under this section, the person responsible for the dog while so detained may—\n\t(a)\tin the case of a dog that is required to be, but is not, microchipped—cause the dog to be microchipped;\n\t(b)\tin the case of a dog that is not desexed—cause the dog to be desexed.\n\t(6)\tThe cost of taking action under subsection (5) may be recovered from the person who owns or is responsible for the control of the dog as a debt due to the council incurring the cost.\n\t(7)\tNothing in this section prevents a person from taking a seized or detained dog that is sick, injured or distressed to a veterinarian for assessment and treatment.\n62—Destruction or disposal of seized dog\n\t(a)\ta dog detained under this Division is not claimed by a person entitled to the return of the dog within 72 hours from when notice of its detention was last given under this Division; or\n\t(b)\ta person in whose name a dog detained under this Division is registered declines to take possession of the dog; or\n\t(c)\tmoney due in relation to a dog detained under this Division is not paid within 7 days after a request for payment,\nthe person responsible for the dog while detained under this Division may cause the dog to be destroyed or otherwise disposed of.\n\t(2)\tIf a dog is disposed of under subsection (1) by sale, the proceeds of the sale are the property of the operator of the facility at which the dog had been detained.\n\t(3)\tDespite any other provision of this Act, the operator of a facility at which a dog is detained under this Division may cause the dog to be destroyed—\n\t(a)\tif satisfied on reasonable grounds—\n\t(i)\tthat the dog is suffering from injury, disease or sickness to the extent that it is impracticable to maintain the dog; or\n\t(ii)\tthat the dog is suffering from a serious contagious or infectious disease or sickness; and\n\t(b)\t—\n\t(i)\tthe destruction is authorised in writing by a veterinarian or stock inspector; or\n\t(ii)\tthat neither a veterinarian nor a stock inspector is reasonably available and that urgent action is required in the circumstances.\nDivision 2—Destruction and seizure etc of cats\n63—Power to destroy cats\n\t(1)\tA person may lawfully destroy or injure a cat in the following circumstances:\n\t(a)\tif the person is performing functions under the National Parks and Wildlife Act 1972 or the Wilderness Protection Act 1992 and the cat is in a reserve or sanctuary (within the meaning of the National Parks and Wildlife Act 1972) or a wilderness protection area or zone (within the meaning of the Wilderness Protection Act 1992);\n\t(b)\tif the person is performing functions under the Crown Land Management Act 2009 and the cat is found in an area in respect of which the person is authorised to exercise powers under that Act;\n\t(c)\tif the person is performing functions under the Landscape South Australia Act 2019 and the cat is found while the person is performing those functions;\n\t(d)\tif the person is the owner or occupier of a designated area, or a person authorised for the purpose by the owner or occupier of a designated area and the cat is found in the designated area;\n\t(e)\tif the cat is found in a place that is more than the prescribed distance from any genuine place of residence (not including a place owned or occupied by the person);\n\t(f)\tif—\n\t(i)\tthe cat is unidentified; and\n\t(ii)\tthe person—\n\t(A)\tis a veterinarian acting in the ordinary course of their profession; or\n\t(B)\tis acting for or on behalf of 1 of the following bodies or persons in respect of a cat that has been delivered to a facility operated by the person or body:\n\t•\tthe Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;\n\t•\tthe Animal Welfare League of South Australia, Incorporated;\n\t•\ta body or person specified by the regulations;\n\t(g)\tany other circumstances prescribed by the regulations.\n\t(2)\tWithout limiting subsection (1), an authorised person may lawfully destroy or injure a cat in the circumstances prescribed by the regulations.\n\t(3)\tNothing in this section limits the operation of section 65 of the Animal Welfare Act 2025.\n\t(4)\tThe Governor may, by proclamation made on the recommendation of the Board, declare land to be a designated area for the purposes of this section.\n\t(5)\tA proclamation under this section may be varied or revoked by further proclamation made on the recommendation of the Board.\n\t(6)\tIn this section—\nprescribed distance, from a place of residence, means—\n\t(a)\tif the regulations prescribe a distance for the purposes of this paragraph—that distance; or\n\t(b)\tif the regulations do not prescribe a distance for the purposes of this paragraph—1 kilometre.\n64—Power to seize and detain cats\n\t(1)\tA person may seize and detain a cat in any of the following circumstances:\n\t(a)\tthe circumstances set out in section 63(1);\n\t(b)\tany other circumstances set out in the regulations.\n\t(2)\tA person may seize and detain an unidentified cat for the purpose of delivering it within 12 hours to—\n\t(a)\ta veterinarian; or\n\t(b)\ta facility for the care of cats operated by—\n\t(i)\tthe Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; or\n\t(ii)\tthe Animal Welfare League of South Australia, Incorporated; or\n\t(iii)\ta body or person specified by the regulations; or\n\t(c)\ta facility nominated by a council and approved by the Board at which cats may be detained,\nhowever nothing in this subsection authorises the person to destroy the cat.\n64A—Destruction or disposal of seized cat\n\t(1)\tIf a cat is seized and detained under this Division, the person responsible for the cat while so detained (other than a person referred to in section 64(2)) may cause the cat to be destroyed or otherwise disposed of.\n\t(2)\tIf a cat is disposed of under subsection (1) by sale, the proceeds of the sale are the property of the operator of the facility at which the cat had been detained.\nDivision 3—Miscellaneous\n64B—Certain bodies may microchip and desex detained dogs and cats\n\t(1)\tDespite any other provision of this Act, or any other Act or law, an animal welfare organisation or council that is detaining a dog or cat seized under this or any other Act may, in accordance with any guidelines determined by the Board for the purposes of this section, do 1 or more of the following:\n\t(a)\tmicrochip the dog or cat;\n\t(b)\tdesex the dog or cat;\n\t(c)\tcause the dog or cat to be microchipped or desexed or both.\n\t(2)\tAn animal welfare organisation or council (as the case requires) may recover the cost of taking action under this section as a debt from a person who owns or is responsible for the control of the dog or cat.\n64C—Limits on entitlement to return of dog or cat\nA person is not entitled to the return of a dog or cat seized under this Part unless the person—\n\t(a)\tprovides satisfactory evidence that he or she owns or is responsible for the control of the dog or cat, or is authorised to receive the dog or cat by a person who owns or is responsible for the control of the dog or cat; and\n\t(b)\tpays—\n\t(i)\tthe charges that are payable under the regulations in relation to the seizure and detention of the dog or cat; and\n\t(ii)\tany other outstanding charges or fees payable under this Act in relation to the dog or cat; and\n\t(c)\tin the case of a dog or cat that is required to be registered under this Act but is not so registered—registers the dog or cat if required to do so by the person responsible for the dog or cat while detained.\n64D—Notification to owner of dog or cat destroyed etc under Part\n\t(1)\tA person who destroys, injures, seizes or detains a dog or an identified cat under this Part must, as soon as practicable—\n\t(a)\ttake reasonable steps to inform the owner of the dog or cat of the action taken; and\n\t(b)\tnotify—\n\t(i)\tif the action is taken in an area that is not within a council area—a police officer; and\n\t(ii)\tif the action is taken within a council area—the council of that area.\n\t(2)\tSubsection (1)(b) does not apply in the following circumstances:\n\t(a)\tif the person destroying, injuring, seizing or detaining a dog or cat is a prescribed person;\n\t(b)\tany other circumstances prescribed by the regulations.\n\t(3)\tIn this section—\nprescribed person means—\n\t(a)\tan authorised person; or\n\t(b)\ta person performing functions under the National Parks and Wildlife Act 1972, the Wilderness Protection Act 1992, the Crown Land Management Act 2009 or the Landscape South Australia Act 2019; or\n\t(e)\tan inspector under the Animal Welfare Act 1985; or\n\t(f)\ta veterinarian; or\n\t(g)\ta person acting for or on behalf of 1 of the following bodies or persons in respect of a dog or cat that has been delivered to a facility operated by the person or body:\n\t(i)\tthe Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;\n\t(ii)\tthe Animal Welfare League of South Australia, Incorporated;\n\t(iii)\ta body or person specified by the regulations; or\n\t(h)\tany other person prescribed by the regulations.\n64E—Recovery of costs\nThe operator of a facility at which a dog or cat has been detained under this Part may recover the charges that are payable under the regulations in relation to the seizure, detention or destruction of the dog or cat from a person who owns or is responsible for the control of the dog or cat as a debt in a court of competent jurisdiction whether or not the dog or cat has been returned to the person.\n64F—Ownership of certain dogs and cats to vest in operator of facility\nIf a dog or cat is destroyed or otherwise disposed of under this Part then, for the purposes of the laws of this State—\n\t(a)\townership of the dog or cat will be taken to have vested in the operator of the facility at which the dog or cat had been detained immediately before the dog or cat was destroyed or otherwise disposed of; and\n\t(b)\tno compensation will be payable to a previous owner of the dog or cat in respect of its destruction or disposal,\n(however, nothing in this section limits the operator of the facility from recovering charges or costs of taking action under this Act in accordance with section 64E or any other provision of this Act).\nOwnership of an animal does not vest in the operator of the facility or any other person merely because a period of time has elapsed after which the animal may be disposed of.\n","sortOrder":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"Civil actions relating to dogs","content":"Part 6—Civil actions relating to dogs\n65—Ownership and responsibility for control of dogs in civil actions\nIn civil proceedings relating to injury, damage, loss or nuisance caused by a dog, questions of ownership or responsibility for the control of the dog will be determined as if the proceedings were criminal proceedings under this Act.\n66—Liability for dogs1\n\t(1)\tThe keeper of a dog is liable in tort for injury, damage or loss caused by the dog.\n\t(2)\tIt is not necessary for the plaintiff to establish—\n\t(a)\tnegligence; or\n\t(b)\tknowledge of the dog's vicious, dangerous or mischievous propensity.\n\t(3)\tHowever, the keeper's liability is subject to the following qualifications:\n\t(a)\tif the injury, damage or loss results from provocation of the dog by a person other than the keeper, the keeper's liability (if any) will be decided according to the Civil Liability Act 1936 principles;\n\t(b)\tif the injury, damage or loss results from an attack on the dog by an animal for the control of which the keeper is not responsible, the keeper's liability (if any) will be decided according to the Civil Liability Act 1936 principles;\n\t(c)\tif the injury, damage or loss is caused to a trespasser on land on which the dog is kept, the keeper's liability (if any) will be decided according to the Civil Liability Act 1936 principles;\n\t(d)\tif the injury, damage or loss is caused while the dog is being used in the reasonable defence of a person or property, the keeper's liability (if any) will be determined according to the Civil Liability Act 1936 principles;\n\t(e)\tif the injury, damage or loss is caused while the dog is in the possession or control of a person without the keeper's consent, the keeper's liability (if any) will be determined according to the Civil Liability Act 1936 principles;\n\t(f)\tthe keeper's liability (if any) is subject to any other defence available under the law of tort.\n\t(4)\tIf the plaintiff's negligence contributed to the injury, damage or loss, the damages will be reduced to the extent the court thinks just and equitable having regard to the plaintiff's share in responsibility for injury, damage or loss.\n\t(5)\tIn this section—\nkeeper of a dog means the owner of the dog, or if the owner is under 18 years of age, the child's parents or guardians, and includes a person into whose possession the dog has been delivered;\nprovocation means—\n\t(a)\tteasing, tormenting or abusing the dog;\n\t(b)\tany act of cruelty towards the dog;\n\t(c)\tattacking the owner of the dog, or a person towards whom the dog could reasonably be expected to be protective, in front of the dog.\n1\tAt common law, the keeper of an animal was strictly liable for injury caused by the animal if the animal was ferae naturae (ie an undomesticated animal). If the animal was mansuetae naturae (ie a domestic animal), liability was dependent on proof of scienter (ie knowledge of the animal's dangerous or mischievous propensity). These rules were abolished by Part 3 of the Civil Liability Act 1936 which provides that negligence is the basis of liability. This section, however, qualifies the Civil Liability Act 1936 principles by imposing strict liability in relation to dogs subject, however, to statutory qualifications.\n67—Court's power to make orders relating to dogs in civil actions\nIn civil proceedings relating to injury, damage, loss or nuisance caused by a dog, the court may make any order that a court could make if the proceedings were criminal proceedings under this Act (and the order takes effect as if it had been made in such proceedings).\n","sortOrder":15},{"sectionNumber":"Part 7","sectionType":"part","heading":"Breeding and sale of dogs and cats","content":"Part 7—Breeding and sale of dogs and cats\n68—Registration of breeders\n\t(1)\tThe Board may, on application, register a person as a breeder.\n\t(2)\tAn application must—\n\t(a)\tbe made in a manner and form determined by the Board; and\n\t(b)\tbe accompanied by such documentation and information as the Board may reasonably require; and\n\t(c)\tbe accompanied by the fee fixed by the Board.\n\t(3)\tThe Board may impose such conditions on a registration under this Part as the Board thinks fit (including, to avoid doubt, a condition requiring the breeder to comply with a code of practice under another Act).\n\t(4)\tThe Board may, by notice in writing, vary, revoke or add a condition of registration.\n\t(5)\tThe Board may, by notice in writing, revoke a registration under this Part for a contravention of a condition of registration or for any other reason it thinks fit.\n\t(6)\tThe Board must keep and maintain a register (which may be incorporated into another register) for the purposes of this Part.\n69—Offence for breeder to sell dogs or cats unless registered\n\t(1)\tA person must not sell a dog or cat that he or she has bred unless—\n\t(a)\the or she is registered as a breeder under this Part; or\n\t(b)\the or she is registered (however described) as a breeder with an approved representative body; or\n\t(c)\the or she is registered as a breeder under a law of another jurisdiction dealing with the breeding of dogs or cats.\n\t(2)\tNothing in this section authorises a person to breed a dog of a prescribed breed.\n\t(3)\tFor the purposes of this section, a person will be taken to have bred a dog or cat if the person takes action of a kind prescribed by the regulations in relation to the breeding of the dog or cat.\n\t(4)\tIn this section—\napproved representative body means a body declared by the regulations to be an approved representative body for the purposes of this section.\n70—Offences relating to sale of certain dogs and cats\n\t(1)\tA person must not sell a dog or cat unless the dog or cat has been microchipped in accordance with any requirement set out in the regulations.\n\t(2)\tA person must not sell a dog or cat unless the dog or cat has been desexed in accordance with any requirement set out in the regulations.\n\t(3)\tSubsections (1) and (2) apply—\n\t(a)\twhether or not the dog or cat is required to be microchipped or desexed or both under sections 42A or 42E; and\n\t(b)\twhether or not the person is the breeder of the dog or cat.\n\t(4)\tHowever, subsection (2) does not apply in relation to working livestock dogs.\n\t(5)\tThis section does not apply to a sale of a dog or cat occurring in circumstances prescribed by the regulations for the purposes of this section.\n\t(6)\tNothing in this section authorises a person to sell a dog of a prescribed breed.\n71—Certain information to be given to buyers\n\t(1)\tA person who sells a dog or cat must give to the new owner a written notice setting out—\n\t(a)\tthe information required by the regulations relating to the identity of the seller of the dog or cat; and\n\t(b)\tthe information required by the regulations relating to the identity of the breeder or breeders of the dog or cat; and\n\t(c)\tthe information required by the regulations relating to vaccinations and other treatments given to the dog or cat; and\n\t(d)\tthe information required by the regulations relating to the dog's or cat's microchip; and\n\t(e)\tany other information required by the regulations in respect of a sale of the relevant kind.\n\t(2)\tA person who publishes an advertisement in relation to the sale of a dog or cat must ensure that the advertisement contains—\n\t(a)\tthe information required by the regulations relating to the identity of the seller of the dog or cat; and\n\t(b)\tthe information required by the regulations relating to the identity of the breeder or breeders of the dog or cat; and\n\t(c)\tthe information required by the regulations relating to vaccinations and other treatments given to the dog or cat; and\n\t(d)\tthe information required by the regulations relating to the dog's or cat's microchip; and\n\t(e)\tany other information required by the regulations in respect of an advertisement of the relevant kind.\n\t(3)\tThis section does not apply in relation to a sale of a dog or cat, or an advertisement, of a kind prescribed by the regulations for the purposes of this section.\n\t(4)\tIn proceedings for an offence against subsection (1) or (2), it is a defence for the defendant to prove that he or she did not know, and could not reasonably have been expected to have known, the information to which the alleged offence relates.\n","sortOrder":16},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Review of decisions by SACAT","content":"Part 7A—Review of decisions by SACAT\n72—Review of certain decisions by South Australian Civil and Administrative Tribunal\n\t(1)\tThe South Australian Civil and Administrative Tribunal is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a reviewable decision.\n\t(2)\tAn application for review of a reviewable decision may be made to the South Australian Civil and Administrative Tribunal within 14 days after the applicant receives notice of the relevant decision (or such longer period as the Tribunal may allow).\n\t(3)\tHowever, the South Australian Civil and Administrative Tribunal may only allow an extension of time under subsection (2) if satisfied that—\n\t(a)\tspecial circumstances exist; and\n\t(b)\tanother party will not be unreasonably disadvantaged because of the delay in commencing the proceedings.\n\t(4)\tIn this section—\nreviewable decision—the following are reviewable decisions:\n\t(a)\ta decision of a council or the Board to make an order under Part 5 Division 3 or 3A;\n\t(b)\ta decision of a person to refuse to allow the release of a dog or cat that is being detained under this Act;\n\t(c)\tany other decision under this Act of a kind declared by the regulations to be included in the ambit of this definition.\n","sortOrder":17},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n73—Sharing of information between Board and councils etc\n\t(1)\tThis section applies to the following persons and bodies:\n\t(a)\tthe Board;\n\t(b)\ta council;\n\t(c)\tan authorised person;\n\t(d)\tthe Department;\n\t(e)\ta person or body to whom functions related to the administration, operation or enforcement of the Animal Welfare Act 1985 are delegated;\n\t(f)\tany other person or body, or person or body of a class, prescribed by the regulations.\n\t(2)\tDespite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirements set out in the regulations, provide information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—\n\t(a)\tto perform functions under this Act; or\n\t(b)\tto manage any risk of harm to a dog or cat, or to dogs and cats generally (whether in this State or in another jurisdiction).\n\t(3)\tDespite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.\n\t(4)\tInformation or documents may be provided under this section whether or not the provider has been requested to provide the information or documents.\n\t(5)\tIn this section—\nDepartment means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act.\n80A—Board may grant exemptions from Act\n\t(1)\tThe Board may, by notice in writing, on application or on its own initiative, exempt a person or body from the operation of a specified provision or provisions of this Act.\n\t(2)\tAn application must—\n\t(a)\tbe made in a manner and form determined by the Board; and\n\t(b)\tbe accompanied by such documentation and information as the Board may reasonably require; and\n\t(c)\tbe accompanied by the fee fixed by the Board.\n\t(3)\tAn exemption—\n\t(a)\tmay be granted or refused at the discretion of the Board; and\n\t(b)\tmay operate indefinitely or for a period specified in the instrument of exemption; and\n\t(c)\tis subject to any conditions specified in the instrument of exemption.\n\t(4)\tThe Board may, by notice in writing, vary, revoke or add a condition of an exemption.\n\t(5)\tThe Board may, in its discretion, revoke an exemption for a contravention of a condition of the exemption, or for any other reason it thinks fit.\n81—Assistance dogs\n\t(1)\tDespite this Act or any other Act—\n\t(a)\ta person who is wholly or partially blind or deaf, or otherwise disabled, is entitled to be accompanied by an accredited assistance dog in a public place or public passenger vehicle; and\n\t(b)\tthe occupier or person in charge of a public place or public passenger vehicle must not refuse access to the place or vehicle to a person who is wholly or partially blind or deaf, or otherwise disabled, on the ground that the person is accompanied by an assistance dog.\n\t(2)\tA person must not claim that a dog is an assistance dog unless the dog—\n\t(a)\tis accredited as an assistance dog under section 21A; or\n\t(b)\tis an assistance animal (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth.\n81A—Interference with dog or cat in lawful custody\nA person who interferes with, releases, or removes from lawful custody a dog or cat seized or detained under this Act is guilty of an offence.\n81B—Offence to interfere with identification of dog or cat\nA person must not, without reasonable excuse, interfere with or remove—\n\t(a)\ta microchip; or\n\t(b)\tany other form of identification worn by or attached to a dog or cat,\n(whether or not the microchip or other identification is required under this Act).\n82—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided, or a record kept, under this Act.\n\t(a)\tif the person made the statement knowing that it was false or misleading—$10 000;\n\t(b)\tin any other case—$2 500.\n83—No liability for action taken under Act\n\t(1)\tA person incurs no civil or criminal liability by reason only of action lawfully taken in respect of a dog or cat under this Act.\n\t(2)\tWithout limiting a provision of the Animal Welfare Act 1985, for the purposes of this section, a reference to action taken lawfully under this Act includes, in the case of the operation of Part 5A, a reference to any injury or harm caused to a dog or cat in good faith and without negligence in the course of taking action under that Part.\n85—Continuing offences\n\t(1)\tA person convicted of an offence against a provision of this Act (except section 33 or a provision of Part 4A or 4B) in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for that offence.\n\t(2)\tWhere an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n86—General defences\nIt is a defence to a charge of an offence against this Act if it is proved—\n\t(a)\tthat the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence; or\n\t(b)\tif the offence involves a dog—that the dog was at the time of the alleged offence in the possession or control of another person without the defendant's consent.\n88—Evidentiary provision\nIn proceedings for an offence against this Act, an allegation in the information that—\n\t(a)\ta specified animal was a dog or cat (as the case requires); or\n\t(b)\tat a specified time a specified person owned or was responsible for the control of a specified dog or cat; or\n\t(c)\ta specified dog was a dog of a prescribed breed; or\n\t(d)\ta specified dog or cat was, or was not, at a specified time registered under this Act; or\n\t(e)\ta specified dog or cat was, or was not, at a specified time less than a specified age; or\n\t(f)\ta specified dog or cat was, or was not, at a specified time desexed; or\n\t(g)\ta specified dog or cat was, or was not, at a specified time microchipped; or\n\t(h)\ta specified person was, or was not, at a specified time the holder of a breeder's licence under Part 7; or\n\t(i)\tthat a specified person was at a specified time an authorised person,\nwill be accepted as proved in the absence of evidence to the contrary.\n88A—Liability of vehicle owners in relation to transporting unrestrained dogs\n\t(1)\tIn this section—\nowner, in relation to a vehicle, has the same meaning as in section 174A of the Road Traffic Act 1961;\nprescribed offence means an offence against section 45(1).\n\t(2)\tWithout derogating from the liability of any other person, but subject to this section, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section.\n\t(3)\tThe owner and driver of a vehicle are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner.\n\t(4)\tAn expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the council or authorised person specified in the notice, within the period specified in the notice, with a statutory declaration—\n\t(a)\tsetting out the name and address of the driver; or\n\t(b)\tif he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).\n\t(5)\tBefore proceedings are commenced against the owner of a vehicle for an offence against this section involving the vehicle, the complainant must send the owner a notice—\n\t(a)\tsetting out particulars of the alleged prescribed offence; and\n\t(b)\tinviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (6).\n\t(6)\tSubsection (5) does not apply to—\n\t(a)\tproceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or\n\t(b)\tproceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the driver of the vehicle.\n\t(7)\tSubject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove—\n\t(a)\tthat, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or\n\t(b)\tthat the owner provided the complainant with a statutory declaration in accordance with an invitation under this section.\n\t(8)\tThe defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.\n\t(9)\tIf—\n\t(a)\tan expiation notice is given to a person named as the alleged driver in a statutory declaration under this section; or\n\t(b)\tproceedings are commenced against a person named as the alleged driver in such a statutory declaration,\nthe notice or summons (as the case may be) must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged driver.\n\t(10)\tIn proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the driver of the vehicle at the time at which the alleged offence was committed.\n\t(11)\tIn proceedings against the owner or driver of a vehicle for an offence against this Act, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.\n89—Appropriation of penalties etc\n\t(1)\tA penalty for an offence against this Act that is recovered on an information laid by a council or an officer of a council must be paid to that council.\n\t(2)\tAn amount paid pursuant to an expiation notice, or recovered on enforcement of an expiation notice, for an offence against this Act must be paid—\n\t(a)\tin the case of an expiation notice that was issued by a council or an officer of a council—to that council;\n\t(b)\tin any other case—into the Fund.\n90—By-laws\n\t(1)\tA district or municipal council may make by-laws for the control or management of dogs or cats within its area.\n\t(2)\tWithout limiting the generality of subsection (1), the by-laws may—\n\t(a)\tlimit the number of dogs or cats that may be kept on any premises;\n\t(b)\tfix periods during which dogs or cats must be effectively confined to premises occupied by a person who is responsible for the control or entitled to the possession of the dog or cat;\n\t(c)\trequire dogs or cats to be identified in a specified manner or in specified circumstances;\n\t(d)\trequire dogs or cats to be effectively controlled, secured or confined in a specified manner or in specified circumstances;\n\t(da)\tset aside specified areas where dogs are prohibited or for specified activities relating to dogs to be carried out in a specified manner or in specified circumstances;\n\t(e)\tmake provision for a registration scheme for cats (including payment of a fee for registration);\n\t(f)\texempt (conditionally or unconditionally) classes of persons or activities from the application of the by-laws or specified provisions of the by-laws.\n\t(3)\tBy-laws under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which by-laws may be made is to be determined according to the discretion of the council.\n\t(4)\tHowever, a by-law limiting the number of dogs or cats that may be kept on premises does not apply in relation to a kennel in respect of which a development authorisation is in force under the Development Act 1993 so as to prevent dogs or cats being kept as contemplated by that authorisation.\n\t(5)\tThe Local Government Act 1999 applies to by-laws made under this section subject to the following modifications:\n\t(a)\ta council must, at least 42 days before resolving to make the by-law (and consequently at least 21 days before public notice of the proposed by-law is given) refer the proposed by-law to the Board; and\n\t(b)\tat the same time the council must provide a report to the Board—\n\t(i)\toutlining the objects of the proposed by-law; and\n\t(ii)\tsetting out how it is proposed to implement or enforce the proposed by-law; and\n\t(iii)\texplaining the reasons for any difference in the proposed by-law from other by-laws about a similar subject matter applying or proposed to apply in other council areas; and\n\t(c)\tthe council must consider any recommendations of the Board relating to the by-law.\n90A—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act (as amended by the Dog and Cat Management (Breeder Reforms) Amendment Act 2025) to be conducted within 6 months after the third anniversary of the commencement of this section.\n\t(2)\tThe Minister must cause a report of the review under subsection (1) to be prepared and must, within 6 sitting days after receiving a report, cause a copy of the report to be laid before both Houses of Parliament.\n91—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(1a)\tHowever, regulations cannot be made unless the Minister has given the Board notice of the proposal to make regulations and given consideration to any submission made by the Board within a period (of at least 21 days) specified by the Minister.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tregulate the keeping and control of dogs or cats of a specified class;\n\t(b)\tprohibit the keeping of dogs or cats of a specified class in specified places or areas;\n\t(ba)\tset aside specified areas where dogs are prohibited or for specified activities relating to dogs to be carried out in a specified manner or in specified circumstances;\n\t(c)\tregulate the detention of dogs and cats seized under this Act;\n\t(d)\tfix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees;\n\t(e)\texempt (conditionally or unconditionally) a specified person or class of persons, a specified area or areas of the State or a specified activity or class of activities from the application of this Act or specified provisions of this Act;\n\t(f)\tprescribe fines, not exceeding $5 000, for offences against the regulations;\n\t(g)\tfix expiation fees, not exceeding $750, for offences against this Act or the regulations;\n\t(h)\tprovide for the facilitation of proof of the commission of offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Board, a council or a specified person or body;\n\t(d)\tmake provisions of a saving or transitional nature consequent on the amendment of this Act or on the making of regulations under this Act.\n\t(3a)\tThe Board and each council may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(4)\tThe regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time.\n\t(5)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n","sortOrder":18},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Transitional provisions","content":"Schedule 1—Transitional provisions\n2—Transitional provisions\n\t(4)\tBy-laws relating to dog management in force immediately before the commencement of this Act continue in force as if they were made under this Act and a licence in force under section 58 of the Dog Control Act 1979 continues to have effect as if it were an exemption granted under a by-law.\n3—Membership of Board vacated\nThe offices of the members of the Dog and Cat Management Board are vacated on the commencement of this clause.\n4—Renewal of registration\nDespite section 36(2), if an application for renewal of registration that expires on 30 June 2004 is made after the commencement of this clause but before 30 November 2004, the renewal operates retrospectively from 30 June 2004.\n5—Control (Dangerous Dog) Orders\n\t(1)\tIf, immediately before the commencement of section 34 of the Dog and Cat Management (Miscellaneous) Amendment Act 2004, a dog is subject to a Control (Dangerous Dog) Order, the council of the area in which the dog is usually kept may reissue the order in the terms that would apply if the order were made after that commencement.\n\t(2)\tSection 52 applies to the reissuing of an order under this clause as if it were the making of an order under Division 3 of Part 5 and a reissued order will be taken to be an order made under that Division.\n\t(3)\tSection 58 does not apply to the reissuing of an order under this clause.\n\t(4)\tA Control (Dangerous Dog) Order in force immediately before the commencement of section 34 of the Dog and Cat Management (Miscellaneous) Amendment Act 2004 continues to have effect subject to this Act until it is reissued under this clause.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Dog and Cat Management Act 1995 repealed the following:\nDog Control Act 1979\nLegislation amended by principal Act\nThe Dog and Cat Management Act 1995 amended the following:\nLocal Government Act 1934\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Dog and Cat Management Act 1995\n6.4.1995\n1.7.1995 (Gazette 15.6.1995 p2884)\n District Court (Administrative and Disciplinary Division) Amendment Act 2000\n20.4.2000\nSch 1 cl 8—1.6.2000 (Gazette 18.5.2000 p2554)\n Dog and Cat Management (Miscellaneous) Amendment Act 2004\n3.6.2004\n1.7.2004 except ss 10, 11 and Sch 1 cl 3 (as inserted by s 44)—1.10.2004 (Gazette 17.6.2004 p2229)\n Natural Resources Management Act 2004\n5.8.2004\nSch 4 (cl 3)—1.7.2005 (Gazette 30.6.2005 p2093)\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 48 (ss 96—98)—1.2.2010 (Gazette 28.1.2010 p320)\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 10 (ss 62—65)—1.7.2015 (Gazette 25.6.2015 p3076)\n Dog and Cat Management (Miscellaneous) Amendment Act 2016\n14.7.2016\nPt 2 (ss 4—25, 27—44, 46, 47, 49, 50, 52—62) & Sch 1 (cll 5—9)—1.7.2017; ss 26, 45, 48, 51—1.7.2018 (Gazette 19.4.2017 p1101)\n Landscape South Australia Act 2019\n21.11.2019\nSch 5 (cll 5 & 6)—1.7.2020 (Gazette 25.6.2020 p3502)\nVeterinary Services Act 2023\n7.12.2023\nSch 1 (cll 20 to 25)—uncommenced\nAnimal Welfare Act 2025\n27.2.2025\nSch 1 (cll 3 to 6)—uncommenced\nDog and Cat Management (Breeder Reforms) Amendment Act 2025\n26.6.2025\nPt 2 (ss 3, 4(4), (7) & (8), 5, 6, 8, 9, 12, 13, 17, 19 to 21, 23 to 26, 28(1) to (5) & (7), 29, 30, 32, 33, 35, 37 insofar as it enacts s 60(1)(g) & (i), 38 to 42, 45 to 47 & 50 to 54) & Sch 1 (cl 2)—17.11.2025 (Gazette 30.10.2025 p4240); ss 4(1) to (3), (5), (6), 7, 10, 11, 14 to 16, 18, 22, 27, 28(6), 31, 34, 36, 37 insofar as it inserts s 60(1)(h), 43, 44, 48 & 49 & Sch 1 (cl 3)—uncommenced\nBiodiversity Act 2025\n26.6.2025\nSch 5 (cll 16 to 18)—uncommenced\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 18/2004 Sch 1\nPt 1\n\ns 2\ndeleted by 18/2004 Sch 1\ns 3\namended by 33/2016 s 4\n\namended by 28/2025 s 3\ns 4\n\naccredited\ninserted by 18/2004 s 4(1)\nanimal welfare organisation\ninserted by 33/2016 s 5(1)\narea\namended by 18/2004 s 4(2), (3)\n\namended by 33/2016 s 5(2)\nassistance dog\ninserted by 33/2016 s 5(3)\nattack trained dog\ninserted by 18/2004 s 4(4)\nauthorised person\ninserted by 33/2016 s 5(4)\nto breed or bred\ninserted by 28/2025 s 4(1)\nbreeder's licence\ninserted by 28/2025 s 4(1)\ncat management officer\ndeleted by 33/2016 s 5(5)\nControl (Barking Dog) Order\nControl (Dangerous Dog) Order\nControl (Menacing Dog) Order\nControl (Nuisance Dog) Order\nControl (Wandering Dog) Order\ncorresponding law\ninserted by 18/2004 s 4(5)\ncouncil\namended by 33/2016 s 5(6)\ndangerous dog\ninserted by 18/2004 s 4(6)\n\namended by 33/2016 s 5(7)\n\namended by 28/2025 s 4(3)\ndesex\ninserted by 33/2016 s 5(8)\ndisability dog\ninserted by 18/2004 s 4(6)\n\ndeleted by 33/2016 s 5(9)\ndog management officer\ndeleted by 33/2016 s 5(10)\nemergency service\ninserted by 28/2025 s 4(4)\nguard dog\ninserted by 18/2004 s 4(7)\nguide dog\nsubstituted by 18/2004 s 4(7)\n\ndeleted by 33/2016 s 5(11)\nhearing dog\ninserted by 18/2004 s 4(7)\n\ndeleted by 33/2016 s 5(12)\nlicenced breeder or holder of a breeder's licence\ninserted by 28/2025 s 4(5)\nmicrochip\ninserted by 33/2016 s 5(13)\nmicrochipped or to microchip\ninserted by 33/2016 s 5(13)\npark\ninserted by 18/2004 s 4(8)\npatrol dog\ninserted by 18/2004 s 4(8)\nprescribed breed\namended by 18/2004 s 4(9)\nProhibition Order\ninserted by 28/2025 s 4(6)\nregistered veterinary surgeon\namended by 33/2016 s 5(16)\n\ndeleted by 28/2025 s 4(7)\nregistered veterinarian\ninserted by 44/2023 Sch 1 cl 20\nregistration fee\ninserted by 18/2004 s 4(10)\nsale or sell\ninserted by 33/2016 s 5(14)\nstock inspector\namended by 18/2004 Sch 1\nunidentified cat\nsubstituted by 33/2016 s 5(15)\nveterinarian\ninserted by 28/2025 s 4(8)\nworking livestock dog\ninserted by 33/2016 s 5(17)\ns 5\n\ns 5(1)\namended by 18/2004 s 5\n\namended by 33/2016 s 6(1)\ns 5(2)\namended by 33/2016 s 6(2)\ns 6\n\ns 6(1)\namended by 33/2016 s 7(1)\ns 6(2)\namended by 33/2016 s 7(2)\ns 6(3)\namended by 18/2004 s 6\n\namended by 33/2016 s 7(3)\ns 7\n\ns 7(1)\namended by 18/2004 s 7(1)\ns 7(2)\namended by 18/2004 s 7(2)\ns 8\nsubstituted by 18/2004 s 8\ns 9\nsubstituted by 18/2004 s 9\nPt 2\n\nPt 2 Div 2\n\ns 12\n\ns 12(1)\nsubstituted by 18/2004 s 10(1)\n\namended by 8/2015 s 62\n\namended by 28/2025 s 5(1)—(3)\ns 12(2)\nsubstituted by 18/2004 s 10(1)\ns 12(2a) and (2b)\ninserted by 18/2004 s 10(1)\ns 12(3)\namended by 8/2015 s 62\ns 12(5)\ndeleted by 18/2004 s 10(2)\ns 13\n\ns 13(1)\namended by 8/2015 s 63\ns 14\n\ns 14(1)\namended by 8/2015 s 64(1)\ns 14(2)\nsubstituted by 8/2015 s 64(2)\ns 16\namended by 8/2015 s 65\ns 17\n\ns 17(1)\namended by 18/2004 s 11\n\namended by 28/2025 s 6\ns 18 before substitution by 84/2009\n\ns 18(1)\ns 18\nsubstituted by 84/2009 s 96\ns 20\ndeleted by 84/2009 s 97\nPt 2 Div 2A\ninserted by 28/2025 s 7\nPt 2 Div 3\n\ns 21\n\ns 21(1)\ns 21 amended and redesignated as s 21(1) by 18/2004 s 12(1), (2)\n\namended by 33/2016 s 8(1)—(6)\ns 21(2) and (3)\ninserted by 18/2004 s 12(2)\ns 21A\ninserted by 18/2004 s 13\ns 21A(1)\nsubstituted by 33/2016 s 9(1)\ns 21A(1a)\ninserted by 33/2016 s 9(1)\ns 21A(2)\namended by 33/2016 s 9(2)\ns 21A(3)\namended by 33/2016 s 9(3)\ns 21A(4)\namended by 33/2016 s 9(4)\ns 21A(5)\namended by 33/2016 s 9(5)\ns 21A(6)\namended by 33/2016 s 9(6), (7)\ns 21A(7)\ninserted by 33/2016 s 9(8)\ns 21B\ninserted by 33/2016 s 10\ns 22\n\ns 22(3)\ndeleted by 18/2004 s 14\ns 23\n\ns 23(1)\namended by 18/2004 s 15\ns 23A\ninserted by 33/2016 s 11\ns 24\n\ns 24(1)\namended by 28/2025 s 8\nPt 2 Div 4\n\ns 25\n\ns 25(4)\namended by 28/2025 s 9\nPt 3\n\namended by 33/2016 s 12\nPt 3 Div 1\ninserted by 33/2016 s 13\ns 25D\n\ns 25D(2)\namended by 28/2025 s 10(1)\ns 25D(3)\namended by 28/2025 s 10(2)\ns 25D(4)\ndeleted by 28/2025 s 10(3)\nPt 3 Div 2\n\ninserted by 33/2016 s 13\ns 26\n\ns 26(1)\namended by 18/2004 s 16(1), (2)\n\namended by 33/2016 s 14(1)—(5)\ns 26(1a)\ninserted by 33/2016 s 14(6)\ns 26(3)\namended by 33/2016 s 14(7)\ns 26(4)\namended by 33/2016 s 14(8)\ns 26(5)\nsubstituted by 28/2025 s 11(2)\ns 26(6)\nsubstituted by 18/2004 s 16(3)\n\namended by 33/2016 s 14(9)—(11)\n\namended by 28/2025 s 11(1)\ns 26(7)\ninserted by 18/2004 s 16(3)\n\nsubstituted by 33/2016 s 14(12)\ns 26(8)\ninserted by 33/2016 s 14(12)\ns 26A\ninserted by 18/2004 s 17\n\nsubstituted by 28/2025 s 12\ns 26A(3)\nsubstituted by 33/2016 s 15\nss 27—29\ndeleted by 33/2016 s 16\ns 30 before deletion by 33/2016\n\ns 30(1)\namended by 18/2004 s 18\ns 30\ndeleted by 33/2016 s 16\ns 31\n\ns 31(1)\n\namended by 33/2016 s 17\ns 31(2)\n\namended by 33/2016 s 17\n\ndeleted by 28/2025 s 13\ns 31A\ninserted by 18/2004 s 19\ns 32\n\namended by 33/2016 s 18\ns 32A\ninserted by 18/2004 s 20\nPt 4\n\namended by 33/2016 s 19\ns 33\n\ns 33(2)\namended by 18/2004 s 21(1)\n\namended by 33/2016 s 20(1)\ns 33(3)\namended by 18/2004 s 21(2)\n\namended by 33/2016 s 20(2)\ns 33(4)\namended by 18/2004 s 21(3)\n\namended by 33/2016 s 20(3)\ns 33(5)\namended by 33/2016 s 20(4)\ns 34\n\ns 34(1)\namended by 18/2004 s 22(1), (2)\ns 34(2)\namended by 18/2004 s 22(3), (4)\ns 34(3)\ndeleted by 28/2025 s 14\ns 34(4)\namended by 18/2004 s 22(5)\ns 35\n\ns 35(1)\namended by 18/2004 s 23(1)\ns 35(2)\namended by 18/2004 s 23(2)\ns 35\ndeleted by 28/2025 s 15\ns 37\n\ns 37(1)\n\namended by 33/2016 s 21(1)\ns 37(2)\n\namended by 33/2016 s 21(2)\n\ndeleted by 28/2025 s 16\ns 38\n\namended by 33/2016 s 22\n\ndeleted by 28/2025 s 17\ns 40\nsubstituted by 18/2004 s 24\n\ndeleted by 33/2016 s 23\ns 41\n\ns 41(1)\namended by 18/2004 s 25(1)\n\namended by 33/2016 s 24(1)\ns 41(2)\namended by 18/2004 s 25(2)\n\namended by 33/2016 s 24(2)\ns 42\namended by 18/2004 s 26\n\ndeleted by 33/2016 s 25\nPt 4A\ninserted by 33/2016 s 26\nPt 4B\ninserted by 33/2016 s 26\ns 42E\n\ns 42E(3)\namended by 28/2025 s 18\nPt 5\n\nPt 5 Div 1\nheading substituted by 18/2004 s 27\ns 43\ns 43(1)\namended by 33/2016 s 27(1)\n\namended by 28/2025 s 19(1)—(3)\ns 43(3)\namended by 33/2016 s 27(2)\ns 44\ns 44(1)\namended by 28/2025 s 20(1)\ns 44(2)\namended by 33/2016 s 28\n\namended by 28/2025 s 20(2), (3)\ns 44(3)\namended by 28/2025 s 20(4), (5)\ns 45\ns 45(1)\namended by 33/2016 s 29(1)\ns 45(2)\namended by 33/2016 s 29(2)\ns 45(4)\namended by 33/2016 s 29(3)\ns 45A\ninserted by 18/2004 s 28\ns 45A(1)\namended by 33/2016 s 30(1)\n\namended by 28/2025 s 21(1)—(4)\ns 45A(2)\namended by 33/2016 s 30(2), (3)\ns 45A(3)\namended by 33/2016 s 30(4), (5)\n\namended by 28/2025 s 21(5)\n\namended by 44/2023 Sch 1 cl 21\ns 45A(4)\namended by 33/2016 s 30(6)\ns 45A(5)\namended by 33/2016 s 30(7)\ns 45A(6)\namended by 33/2016 s 30(8), (9)\ns 45A(7)\ninserted by 28/2025 s 21(6)\nPt 5 Div 1A\ninserted by 18/2004 s 28\nsubstituted by 33/2016 s 31\ns 45B\n\ns 45B(1)\nsubstituted by 33/2016 s 32(1)\n\namended by 28/2025 s 22(1)\ns 45B(2) and (3)\ndeleted by 33/2016 s 32(1)\ns 45B(4)\namended by 33/2016 s 32(2)\n\ndeleted by 28/2025 s 22(2)\ns 45C\n\ns 45C(1)\nsubstituted by 33/2016 s 33(1)\n\nsubstituted by 28/2025 s 23(1)\ns 45C(1a)\ninserted by 28/2025 s 23(1)\ns 45C(2)\namended by 33/2016 s 33(2)\n\namended by 28/2025 s 23(2), (3)\ns 45C(3)\ninserted by 28/2025 s 23(4)\ns 45D\n\ns 45D(1)\n(a) and (b) deleted by 33/2016 s 34(1)\n\namended by 33/2016 s 34(2)\n\namended by 28/2025 s 24\ns 45E\ndeleted by 33/2016 s 35\ns 46—see s 81A\n\nPt 5 Div 1B\nheading inserted by 18/2004 s 30\ns 47\n\ns 47(1)\namended by 18/2004 s 31(1)—(3)\n\namended by 33/2016 s 36(1)\ns 47(3)\namended by 18/2004 s 31(4)\n\namended by 28/2025 s 25\ns 47(5)\ninserted by 18/2004 s 31(5)\n\namended by 33/2016 s 36(2)\nPt 5 Div 2 before deletion by 33/2016\n\ns 48\n\ns 48(4)\ns 49\ndeleted by 18/2004 s 32\nPt 5 Div 2\ndeleted by 33/2016 s 37\n\ninserted by 28/2025 s 26\nPt 5 Div 3\n\nsubstituted by 18/2004 s 33\n\namended by 33/2016 s 38\ns 50\nsubstituted by 18/2004 s 34\ns 50(1)\namended by 33/2016 s 39(1)\n\namended by 28/2025 s 27(1)\ns 50(2)\namended by 33/2016 s 39(2)\ns 50(3)\namended by 33/2016 s 39(3)—(7)\ns 50(4)\namended by 33/2016 s 39(8)—(10)\ns 50(5)\namended by 33/2016 s 39(11), (12)\ns 50(6)\namended by 33/2016 s 39(13)\ns 50(6a)\ninserted by 28/2025 s 27(2)\ns 50(7)\namended by 33/2016 s 39(14)\ns 51 before substitution by 33/2016\n\ns 51(2)\namended by 18/2004 s 35\ns 51\nsubstituted by 33/2016 s 40\ns 51(1)\ns 51 amended and redesignated as s 51(1) by 28/2025 s 28(1)—(5), (7)\ns 51(1)\namended by 28/2025 s 28(6)\ns 51(2)\ninserted by 28/2025 s 28(7)\ns 52\n\ns 52(a1)\ninserted by 33/2016 s 41(1)\ns 52(1)\namended by 33/2016 s 41(2), (3)\ns 52(2)\namended by 33/2016 s 41(4)\ns 52(3)\namended by 33/2016 s 41(5)\ns 52(4)\namended by 33/2016 s 41(6)\ns 52(6)\ninserted by 33/2016 s 41(7)\ns 53\ndeleted by 28/2025 s 29\ns 54\nheading amended by 28/2025 s 30(1)\ns 54(3)\ndeleted by 28/2025 s 30(2)\ns 55\n\ns 55(1)\namended by 18/2004 s 36\n\namended by 33/2016 s 42(1)\n\namended by 28/2025 s 31\ns 55(3)\namended by 33/2016 s 42(2)\ns 56\n\ns 56(1)\n\namended by 33/2016 s 43(1)\n\namended by 28/2025 s 32(1)—(4)\ns 56(2)\n\namended by 33/2016 s 43(2)\ns 56(4)\ninserted by 33/2016 s 43(3)\ns 57\n\namended by 33/2016 s 44\n\namended by 28/2025 s 33(1), (2)\ns 58 before deletion by 33/2016\n\ns 58(1)\namended by 4/2000 s 9(1) (Sch 1 cl 8(a))\ns 58(2)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 8(b))\ns 58(5)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 8(c))\ns 58(7)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 8(d))\ns 58(8)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 8(e))\ns 58(9)\ndeleted by 4/2000 s 9(1) (Sch 1 cl 8(f))\ns 58(10)\nsubstituted by 4/2000 s 9(1) (Sch 1 cl 8(g))\ns 58\ndeleted by 33/2016 s 45\nPt 5 Div 3AA\ninserted by 28/2025 s 34\nPt 5 Div 3A\ninserted by 18/2004 s 37\ns 59A\n\ns 59A(1)\namended by 33/2016 s 46(1)\ns 59A(2)\namended by 33/2016 s 46(2)\ns 59A(3)\namended by 33/2016 s 46(3)\ns 59A(3a)\ninserted by 33/2016 s 46(4)\ns 59A(4)\namended by 33/2016 s 46(5)\ns 59A(5)\namended by 33/2016 s 46(6)\ns 59A(6)\namended by 33/2016 s 46(7)\ns 59A(8)\ninserted by 33/2016 s 46(8)\ns 59B\n\ns 59B(1)\namended by 33/2016 s 47(1)\n\namended by 28/2025 s 35\ns 59B(3)\namended by 33/2016 s 47(2)\ns 59C\ndeleted by 33/2016 s 48\nPt 5 Div 4 before deletion by 33/2016\n\ns 60\n\ns 60(1)\namended by 18/2004 s 38\ns 61\n\ns 61(4a) and (4b)\ninserted by 18/2004 s 39\nPt 5 Div 4\ndeleted by 33/2016 s 49\n\ninserted by 28/2025 s 36\nPt 5A\ninserted by 33/2016 s 49\nPt 5A Div 1\n\ns 59D\n\ns 59D(1)\namended by 29/2025 Sch 5 cl 16\ns 59D(3)\namended by 8/2025 Sch 1 cl 3\ns 60\n\ns 60(1)\namended by 28/2025 s 37\ns 60\n\ns 60(1)\namended by 28/2025 s 37\ns 60(4)\namended by 8/2025 Sch 1 cl 4\ns 61\n\ns 61(2)\namended by 28/2025 s 38(1)\ns 61(7)\ninserted by 28/2025 s 38(2)\ns 62\n\ns 62(3)\namended by 28/2025 s 39(1), (2)\ns 62\n\ns 62(3)\namended by 44/2023 Sch 1 cl 22\nPt 5A Div 2\n\ns 63 before substitution by 28/2025\n\ns 63(1)\namended by 33/2019 Sch 5 cl 5\ns 63\nsubstituted by 28/2025 s 40\ns 63\n\ns 63(1)\namended by 44/2023 Sch 1 cl 23\n\namended by 8/2025 Sch 1 cl 5(1)\n\namended by 29/2025 Sch 5 cl 17\ns 63(3)\namended by 8/2025 Sch 1 cl 5(2)\ns 64\n\ns 64(2)\namended by 28/2025 s 41\ns 64\n\ns 64(2)\namended by 44/2023 Sch 1 cl 24\nPt 5A Div 3\n\ns 64D\n\ns 64D(3)\n\nprescribed person\namended by 33/2019 Sch 5 cl 6\n\namended by 28/2025 s 42(1), (2)\n\n(c), (d) deleted by 28/2025 s 42(1)\n\namended by 44/2023 Sch 1 cl 25\n\namended by 8/2025 Sch 1 cl 6\n\namended by 29/2025 Sch 5 cl 18(1), (2)\nPt 6\n\ns 66\n\ns 66(3)\namended by 33/2016 s 50\nPt 7 before substitution by 33/2016\n\ns 71\ns 75\ns 76\namended by 34/2004 Sch 4 cl 3\n1.7.2005\ns 78\ns 79\nPt 7\nsubstituted by 33/2016 s 51\n\nsubstituted by 28/2025 s 43\nPt 7AA\ninserted by 28/2025 s 43\nPt 7A\ninserted by 33/2016 s 51\ns 72\n\ns 72(4)\n\nreviewable decision\namended by 28/2025 s 44(1), (2)\nPt 8\n\ns 73\ninserted by 28/2025 s 45\ns 80A\ninserted by 33/2016 s 52\ns 81\n\ns 81(1)\ns 81 amended and redesignated as s 81(1) by 18/2004 s 40(1)—(6)\n\namended by 33/2016 s 53(1)—(3)\ns 81(2)\ninserted by 18/2004 s 40(6)\n\nsubstituted by 33/2016 s 53(4)\ns 81A\ns 46 amended and redesignated as s 81A by 18/2004 s 29(1), (2)\n\namended by 33/2016 s 54(1), (2)\n\namended by 28/2025 s 46\ns 81B\ninserted by 33/2016 s 55\ns 82\ns 83\namended by 33/2016 s 56\ns 83(1)\ns 83 redesignated as s 83(1) by 28/2025 s 47\ns 83(2)\ninserted by 28/2025 s 47\ns 84\ndeleted by 84/2009 s 98\n\ninserted by 28/2025 s 48\ns 84A\ninserted by 28/2025 s 48\ns 85\n\ns 85(1)\namended by 33/2016 s 57\ns 86\n\ns 86(1)\ns 86 redesignated as s 86(1) by 28/2025 s 49\ns 86(2)\ninserted by 28/2025 s 49\ns 87\ndeleted by 28/2025 s 50\ns 88\namended by 33/2016 s 58(1)—(5)\n\n(b) deleted by 33/2016 s 58(6)\n\nsubstituted by 28/2025 s 51\ns 88A\ninserted by 18/2004 s 41\ns 88A(4)\namended by 33/2016 s 59\ns 89\nsubstituted by 28/2025 s 52\ns 90\n\ns 90(2)\namended by 18/2004 s 42\n\namended by 33/2016 s 60\ns 90(5)\ns 90A\ninserted by 33/2016 s 61\n\nsubstituted by 28/2025 s 53\ns 91\n\namended by 28/2025 s 54(1)\ns 91(1)\namended by 33/2016 s 62(1)\ns 91(1a)\ninserted by 33/2016 s 62(2)\ns 91(2)\namended by 18/2004 s 43\n\namended by 33/2016 s 62(3)—(7)\ns 91(3)\namended by 33/2016 s 62(8)\n\namended by 28/2025 s 54(2)\ns 91(3a)\ninserted by 28/2025 s 54(3)\ns 91(4) and (5)\ninserted by 33/2016 s 62(9)\nSch 1\nheading substituted by 18/2004 s 44(1)\ncl 1\ndeleted by 18/2004 s 44(2)\ncl 2\n\ncl 2(1)—(3)\ndeleted by 18/2004 s 44(3)\ncl 3\ninserted by 18/2004 s 44(4)\ncll 4 and 5\ninserted by 18/2004 s 44(4)\nSch 2\ndeleted by 18/2004 Sch 1\nTransitional etc provisions associated with Act or amendments\nDog and Cat Management (Miscellaneous) Amendment Act 2016, Sch 1 Pt 4—Transitional provisions\n5—Accreditation of assistance dogs to continue\nAn accreditation of a disability dog, guide dog or hearing dog under section 21A of the Dog and Cat Management Act 1995 that is in force immediately before the commencement of this clause—\n\t(a)\twill, subject to this Act, be taken to continue in force according to its terms; and\n\t(b)\twill be taken to be an accreditation as an assistance dog under section 21A of the Dog and Cat Management Act 1995 as amended by this Act.\n6—Certain exemptions under section 45E to continue\nAn exemption under section 45E of the Dog and Cat Management Act 1995 that is in force immediately before the commencement of this clause—\n\t(a)\twill, subject to this Act, be taken to continue in force according to its terms; and\n\t(b)\twill be taken to be an exemption under section 80A of the Dog and Cat Management Act 1995 as enacted by this Act.\n7—Dog management officers taken to be authorised persons\n\t(1)\tA person who is, immediately before the commencement of this clause, a dog management officer appointed by a council will be taken to be an authorised person appointed by the council.\n\t(2)\tThe appointment of an authorised person contemplated by subclause (1) will be taken to be subject to any conditions or limitations applying to the appointment immediately before the commencement of this clause.\n8—Cat management officers taken to be authorised persons\n\t(1)\tA person who is, immediately before the commencement of this clause, a cat management officer appointed by a council will be taken to be an authorised person appointed by the council.\n\t(2)\tA person who is, immediately before the commencement of this clause, a cat management officer appointed by the Board will be taken to be an authorised person appointed by the Board.\n\t(3)\tThe appointment of an authorised person contemplated by this clause will be taken to be subject to any conditions or limitations applying to the appointment immediately before the commencement of this clause.\n9—Designated areas\nLand that was, immediately before the commencement of this clause, a designated area pursuant to a proclamation under section 73 of the Dog and Cat Management Act 1995 will, subject to that Act, be taken to be a designated area for the purposes of section 63(1)(b) of that Act (as enacted by this Act).\nHistorical versions\nReprint No 1—1.6.2000\n\n1.7.2005\n\n","sortOrder":19}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's practical scope has expanded since its origin through multiple amendments. Notable scope extensions include mandatory microchipping and desexing regimes (Part 4A s 42A; Part 4B s 42E, inserted 2016), formal breeder registration and sale controls (Part 7 ss 68–71), broadened authorised‑person powers and Board registers (ss 25A, 21B), and new administrative sanctions such as Prohibition Orders (s 59A, 2025 amendments). Legislative history shows continued layering of offences, powers and regulatory delegation that broaden enforcement and administrative responsibilities."},"complexity_factors":["Wide organisational structure and delegated actors: Board, councils, authorised persons, prescribed accreditation bodies and facilities (ss 10, 12, 21, 25A).","Extensive enforcement powers with layered remedies: administrative directions, control/destruction orders, seizure, destruction and Prohibition Orders (ss 48, 50–52, 59A, 60).","Numerous criminal and civil sanctions with daily continuing penalties and strict tort liability for keepers (ss 43, 44, 55, 66, 85).","Heavy administrative requirements and registers, plus a hypothecated Fund and reporting duties (ss 21B, 24, 25, 26(5)).","Technical compliance obligations (microchipping, desexing, collars/tags, breeder registration and sale disclosures) with multiple defences and staged obligations (ss 42A, 42C, 42E, 68–71).","Significant Ministerial/Board discretion and delegation powers affecting policy and fees, and exemption power (ss 11, 21(1)(g), 23A, 80A).","Cross‑reference and overlap with other Acts and delegated regulations creating interpretive complexity (ss 73, 91; references to Animal Welfare, Motor Vehicles, Local Government Acts).","Appeal and review layering through SACAT and courts plus evidentiary presumptions (ss 72, 47, 88) increasing procedural complexity."],"plain_english_summary":"# Summary\n\nThis Act establishes a Dog and Cat Management Board, requires dog and cat registration, microchipping and (in many cases) desexing, empowers councils and authorised persons to enforce rules (including seizure, control and destruction orders), and sets offences, penalties and civil liability. It also regulates breeders, sales and assistance dogs.\n\nIt affects owners, breeders, councils and animal‑welfare bodies because they pay fees, must meet identification, confinement and training obligations, and can be subject to administrative discretion and review (see ss 21, 26, 42A, 42E, 50–59A)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The submission contained only a website 'Page Not Found' error message from the South Australian legislation website, likely caused by a broken URL following a site update in March 2026."},"complexity_factors":["No legislative text was retrievable — only a website error page was provided","Cannot assess complexity of the actual Act from the content supplied","Score of 1 reflects the simplicity of the content actually received (an error message), not the Act itself"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Dog and Cat Management Act 1995* (SA) returned a **'Page Not Found' error** from the South Australian legislation website. This appears to be caused by a broken or outdated hyperlink following a website update in March 2026.\n\n**What this means for you:** No analysis of the actual Act can be provided from this source. If you need to read this law, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and searching directly for 'Dog and Cat Management Act 1995'\n- Updating any saved bookmarks to the Act created before 24 March 2026\n- Emailing OPCWeb@sa.gov.au to report the broken link\n\n**What the Act generally covers** (from general knowledge): This South Australian law regulates the ownership of dogs and cats, including registration requirements, microchipping, leash laws, dangerous dog classifications, and council enforcement powers. It affects all dog and cat owners in South Australia."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2669},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1995 scope. Initially replacing the *Dog Control Act 1979*, it was primarily concerned with dog registration and wandering. Successive amendments (particularly 2004, 2016, and 2025) have added: comprehensive cat management (originally dogs-only), mandatory microchipping and desexing regimes, breeder registration and sale regulations, assistance dog accreditation, prohibition orders banning ownership, and complex civil liability rules. The 2025 'Breeder Reforms' amendments (partially commenced) further extended the Act into regulating the commercial breeding industry and advertising standards, transforming it from a simple registration/control statute into a broad animal management and welfare framework."},"complexity_factors":["48 defined terms in section 4, including complex conditional definitions like 'effective control' and 'wandering at large'","Nested offence structures with escalating penalties—e.g., section 42B creates 'further offences' for continued non-compliance after an initial microchipping conviction","Tiered penalty matrices where fines vary based on animal type (dangerous dog, prescribed breed, standard dog) and outcome (death/serious injury vs minor incident)","Dual enforcement tracks: criminal prosecutions (Part 5) run parallel to civil liability (Part 6) and administrative orders (destruction orders, prohibition orders)","Conditional exemptions scattered throughout—working livestock dogs, accredited assistance dogs, animal welfare organisations, and 'prescribed breeds' each trigger different rule sets","Complex interaction between state-level Board powers and local council responsibilities, including revenue-sharing from the Dog and Cat Management Fund","Transitional provisions and uncommenced amendments (noted in legislative history) creating overlapping versions of sections like 45B and 63"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's comprehensive rulebook for managing dogs and cats. It replaces the old *Dog Control Act 1979* and has grown into a detailed scheme covering everything from registration to breeding standards.\n\n**Who it affects:**\n- **Pet owners**: Must register dogs over 3 months old, ensure animals are microchipped and desexed (with exceptions), and keep dogs under \"effective control\" (using a leash no longer than 2 metres, or voice control in parks only if the dog stays close and visible).\n- **Councils**: Must appoint authorised officers to enforce the Act, maintain registers, and can seize or destroy animals in specific circumstances.\n- **Breeders**: Must register with the Dog and Cat Management Board and comply with welfare standards before selling animals.\n- **The Board**: A statutory body that oversees the entire system, accredits assistance dogs (guide dogs, etc.), and can make destruction or control orders for dangerous animals.\n\n**Key rules you need to know:**\n- **Registration**: All dogs must be registered with their local council. Cats don't require mandatory registration statewide, but councils can introduce cat registration via by-laws.\n- **Microchipping & Desexing**: Owners must microchip and desex their animals (unless exempt, such as working livestock dogs or registered breeders). There are ongoing penalties if you fail to comply after being caught once.\n- **Dangerous Dogs**: Special restrictions apply to \"prescribed breeds\" (American Pit Bull Terriers, Japanese Tosas, etc.) and \"dangerous dogs\" (those that have attacked). They must be muzzled and leashed in public, and kept in secure enclosures at home.\n- **Greyhounds**: Racing greyhounds must be muzzled and leashed in public; non-racing greyhounds must be leashed.\n- **Seizure & Destruction**: Councils can seize wandering dogs or unidentified cats. They can destroy seized animals if not claimed within 72 hours, or immediately if the animal is dangerous or suffering.\n\n**Legal consequences:**\n- **Criminal penalties**: Fines up to $50,000 or imprisonment for serious attacks. Most offences have \"expiation fees\" (on-the-spot fines) as alternatives to court.\n- **Civil liability**: If your dog injures someone or damages property, you are strictly liable (meaning the victim doesn't need to prove you were negligent), unless they provoked the dog or were trespassing.\n- **Control Orders**: Courts and councils can issue orders forcing you to desex, microchip, or even destroy your dog. They can also issue \"Prohibition Orders\" banning you from owning dogs for a period of time.\n\n**Why it matters:**\nThe Act balances public safety (preventing dog attacks and nuisance) with animal welfare (mandatory desexing to reduce stray populations, accreditation of assistance dogs). It shifts significant responsibility to local councils to manage the day-to-day enforcement while the Board sets statewide policy."}},"importantCases":[],"_links":{"self":"/api/acts/dog-and-cat-management-act-1995","history":"/api/acts/dog-and-cat-management-act-1995/history","analysis":"/api/acts/dog-and-cat-management-act-1995/analysis","conflicts":"/api/acts/dog-and-cat-management-act-1995/conflicts","importantCases":"/api/acts/dog-and-cat-management-act-1995/important-cases","documents":"/api/acts/dog-and-cat-management-act-1995/documents"}}