Cat Act 2011 (Western Australia)

The Cat Act 2011 (WA) creates a statutory framework for the identification, registration, sterilisation, control, seizure, euthanasia and breeding of domestic cats in Western Australia. Mechanically, it does the following.

Imposes obligations on cat owners to register cats, display registration tags in public, microchip and sterilise cats once they reach six months of age, subject to narrow veterinary and prescribed exemptions (registration s5; tags s6; microchipping s14; sterilisation s18; registration particulars s11-12). Failure to comply attracts a maximum fine of $5,000 for many primary offences (see s5(1), s6(1), s14(1), s18(1) and other provisions imposing the same monetary maximum).
Creates a statutory microchip ecosystem: microchip implanters must notify a microchip database company within 7 days (s15); microchip database companies must keep prescribed information (s16); interference with microchips is prohibited (s17); veterinarians must notify of sterilisation of microchipped cats within 7 days (s20).
Regulates transfers of ownership and breeder activity. A person may not transfer an unmicrochipped or, generally, an unsterilised cat except where statutory exemptions or vouchers apply (s23). Only approved cat breeders may breed cats (s35-39). Local governments administer approvals to breed and may refuse or cancel on stated grounds (s36-38).
Authorises local governments and their authorised persons (which includes police officers, officers designated under the Public Health Act 2016 and persons appointed under the Local Government Act 1995) to seize, impound and, in prescribed circumstances, destroy cats (see s3 definition of “authorised person”, seizure s27, impounding and disposal s28, destruction by authorised persons s49). Operators of cat management facilities may microchip and sterilise cats held in their care where reasonable grounds exist and may recover costs (s31, s33).

CrestWestern Australia

Cat Act 2011

Western Australia

Cat Act 2011

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Term used: owner 5

Part 2 — Registration, identification and sterilisation of cats

Division 1 — Registration and tagging

Subdivision 1 — Cats must be registered and tagged

Cats to be registered 6
Cats to wear tags 6
Interference with tag 7

Subdivision 2 — How to register a cat

Application for registration 7
Registration 7
Cancellation of registration 9
Registration numbers, certificates and tags 9
Register of cats 9
Notice to be given of certain decisions made under this Subdivision 10

Division 2 — Microchipping

Cats to be microchipped 10
Microchip implanter to give information to microchip database company 11
Microchip database company’s obligations 11
Interference with microchips 11

Division 3 — Sterilisation

Cats to be sterilised 11
Identifying as sterilised a cat that is not sterilised 12
Notice of sterilisation to be given to microchip database company 12
Certificate of sterilisation to be given 12

Division 4 — Transfer of ownership of cats

Terms used 13
Transfer of ownership of cats 13
Notice to be given of transfer of cat 14

Division 5 — Changes to recorded information

Notice to be given of changes to recorded information 14

Part 3 — Management of cats

Division 1 — Cat control notices

Cat control notice may be given to cat owner 15

Division 2 — Seizing cats

Cats may be seized 15
Disposing of seized cats 16

Division 3 — Dealing with cats at cat management facilities

Application of Division 16
Obligation to identify a cat’s owner 16
Cat owner liable to pay costs to cat management facility 16
Notice to be given to cat’s owner, if identified 17
Operator of cat management facility may have cat microchipped and sterilised 18
Dealing with unidentified and unclaimed cats 18

Division 4 — Breeding of cats

Subdivision 1 — Restrictions on breeding cats

Only approved cat breeders may breed cats 19

Subdivision 2 — Becoming an approved cat breeder

Application for approval to breed cats 20
Approval to breed cats 20
Cancellation of approval to breed cats 21
Certificate to be given to approved cat breeder 21
Notice to be given of certain decisions made under this Subdivision 22

Division 5 — Miscellaneous

Cats not to be offered as prizes 22

Part 4 — Administration and enforcement

Division 1 — Administration

Administration by local governments 23
Places to be regarded as within district 23

Division 2 — Delegations

Delegation by local government 24
Delegation by CEO of local government 24
Other matters relevant to delegations under this Division 25
Register of, and review of, delegations 25

Division 3 — Authorised persons

Subdivision 2 — Particular powers of authorised persons

Authorised person may cause a cat to be destroyed 26
Persons found committing breach of Act to give name on demand 26
Power to enter premises 27
General powers of authorised person 28
Act does not derogate from powers of police officers 29
Obstruction 29

Subdivision 3 — Warrants

Grounds for a search warrant 29
Grounds for a warrant to seize cat 29
Application for warrant 30
Form of warrant 30
Effect of warrant 30
Execution of warrant 30

Division 4 — Infringement notices

Terms used 30
Giving an infringement notice 31
Content of infringement notice 31
Extension of time 32
Withdrawal of notice 32
Benefit of paying modified penalty 32
Application of penalties collected 33

Division 5 — Objections and review

When this Division applies 33
Objection may be lodged 33
Dealing with objection 34
Review of decisions 34
Suspension of effect of some decisions 35

Division 6 — Legal proceedings

Prosecutions 36
Additional court orders 36
Evidentiary matters 37

Part 5 — Subsidiary legislation

Division 1 — Regulations

General regulations 39
Regulations that operate as local laws 39
Provisions about regulations 40

Division 2 — Local laws

Local laws 40
Places outside district 41
Inconsistency with written laws 42
Local laws may adopt codes etc. 42
Model local laws 43
Creating offences and prescribing penalties 43

Part 6 — Miscellaneous

False or misleading information 44
Review of Act 44

Part 7 — Transitional provisions

Transitional provision for Local Government Legislation Amendment Act 2019 45
Transitional provision for the Dog Amendment (Stop Puppy Farming) Act 2021 45

Notes

Compilation table 47

Uncommenced provisions table 47

Defined terms

Western Australia

Cat Act 2011

An Act to —

provide for the control and management of cats; and
promote and encourage the responsible ownership of cats,

and for related matters.

The Parliament of Western Australia enacts as follows:

Part 1 — Preliminary

1. Short title

This is the Cat Act 2011.

2. Commencement

This Act comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act, other than the provisions referred to in paragraph (c) — on 1 November 2012;

3. Terms used

(1) In this Act, unless the context otherwise requires —

approved cat breeder means a person who has an approval to breed cats under section 37;

authorised person means —

(a) a police officer; or

(ba) a person designated as an authorised officer under the Public Health Act 2016 section 24(1) for the purposes of this Act; or

(b) a person appointed under the Local Government Act 1995 section 9.10(2) to be an authorised person for the purposes of this Act;

cat means an animal of the species felis catus or a hybrid of that species;

cat management facility means —

(a) a facility operated by a local government that is, or may be, used for keeping cats; or

(b) a facility for keeping cats that is operated by a person or body prescribed; or

microchip means an identification device of a prescribed type that —

(a) is capable of being implanted in a cat; and

(b) is designed to record information in a way that can be electronically retrieved;

microchip database means a database —

(a) of records containing information about a cat and its owner; and

(b) kept by a microchip database company;

microchip database company means —

(a) a person or body —

(i) that keeps a microchip database; and

(ii) that is prescribed as a microchip database company for the purposes of this definition;

and

(b) in relation to a particular cat, means the microchip database company that keeps, or has agreed to keep, records containing information about that cat and its owner;

microchip implanter means —

(a) a prescribed person; or

(b) a person holding the prescribed qualifications for a microchip implanter;

microchipped means implanted with a microchip in a prescribed manner;

owner, in relation to a cat, has the meaning given in section 4;

premises includes the following —

(a) land (whether or not vacant);

(b) the whole or part of a building or structure (whether of a permanent or temporary nature);

prescribed means prescribed under regulations made under this Act;

public place means any place to which the public has lawful access;

registered means registered under section 9;

registered owner, in relation to a cat, means the person in whose name the cat is registered;

registration tag, in relation to a cat, means the registration tag given to the owner of the cat under section 11(1)(c);

scan means to scan in a manner that enables a microchip to be detected and the information recorded to be electronically retrieved;

sterilised means made permanently infertile by a surgical procedure;

transfer, in relation to ownership of a cat, includes —

(a) sell, trade, give away, take consideration for, transfer ownership of and offer for sale; and

(b) to reclaim from a cat management facility;

veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3.

(2) Words and expressions defined in the Local Government Act 1995 have the same meaning in this Act, unless the contrary intention appears.

[Section 3 amended: No. 19 of 2016 s. 115; No. 16 of 2019 s. 91; No. 19 of 2021 s. 228(2).]

4. Term used: owner

(1) In this Act —

owner, in relation to a cat, means any of these persons —

(a) in the case of a cat that is registered, the registered owner of the cat; or

(b) in the case of a cat that is not registered, a person who, or an owner of a business or organisation that, ordinarily keeps and cares for the cat; or

(2) In the case of a cat that is not registered, but is microchipped, a person whose name is recorded as the owner of the cat in a microchip database is to be taken, in the absence of evidence to the contrary, to be a person who ordinarily keeps and cares for the cat.

Part 2 — Registration, identification and sterilisation of cats

Division 1 — Registration and tagging

Subdivision 1 — Cats must be registered and tagged

5. Cats to be registered

(1) The owner of a cat that has reached 6 months of age must ensure that the cat is registered with the local government in whose district the cat is ordinarily kept.

Penalty: a fine of $5 000.

(2) Subsection (1) does not apply if —

(a) the cat has been kept by the person for less than 14 days; or

(b) the person has been resident in the State for less than 14 days; or

6. Cats to wear tags

(1) The owner of a registered cat must ensure that when the cat is in a public place the cat is wearing its registration tag.

Penalty: a fine of $5 000.

(2) Subsection (1) does not apply if the cat belongs to a class of cats prescribed as exempt from wearing registration tags when in a public place.

(3) It is a defence to a charge under subsection (1) if the accused establishes that —

(a) the contravention in respect of which the proceeding was instituted was due to —

(i) the act or default of another person; or

(ii) an accident; or

(iii) some other cause beyond the accused’s control;

and

(b) the accused took reasonable precautions and could not by the exercise of due diligence have prevented the commission of the offence.

7. Interference with tag

A person must not, without reasonable excuse, remove or interfere with a registration tag worn by a cat.

Penalty: a fine of $5 000.

Subdivision 2 — How to register a cat

8. Application for registration

(1) The owner of a cat that is ordinarily kept in the district of a local government may apply to that local government for the grant or renewal of the registration of the cat.

(2) An application for the grant or renewal of the registration of a cat is to —

(a) be made in the manner and form prescribed; and

(b) be accompanied by the fee, if any, prescribed; and

9. Registration

(1) On receiving an application for the grant or renewal of the registration of a cat under section 8, a local government is to —

(a) grant or refuse to grant the registration of the cat; or

(b) renew or refuse to renew the registration of the cat.

(2) A local government must refuse an application for the grant or renewal of the registration of a cat if, and only if, the local government is satisfied that one or more of the following apply —

(a) the applicant is a child under 18 years of age;

(b) the cat belongs to a class of cats prescribed as exempt from registration;

(d) the cat is not sterilised;

(e) the applicant has been convicted within the previous 3 years of 2 or more offences against any of the following —

(i) this Act;

(ii) the Dog Act 1976;

(iii) the Animal Welfare Act 2002.

(3) Despite subsection (2)(c), a local government must not refuse an application for the grant or renewal of the registration of a cat that is not microchipped if the cat is exempt from microchipping as referred to in section 14(2).

(4) Despite subsection (2)(d), a local government must not refuse an application for the grant or renewal of the registration of a cat that is not sterilised if the cat is exempt from sterilisation as referred to in section 18(2).

(5) A local government to which an application is made may require the applicant to give the local government, within a specified time of not more than 21 days, any document or information that it requires to determine the application and may require the applicant to verify the information by statutory declaration.

(6) The local government may refuse to consider an application if the applicant does not comply with a requirement under subsection (5) within the specified time.

(7) Subject to this Act, the grant or renewal of the registration of a cat has effect for the period, or periods, prescribed.

10. Cancellation of registration

A local government may cancel the registration of a cat —

(a) if the cat —

(i) has died; or

(ii) is no longer kept in the State; or

(iii) has been registered with another local government;

(b) if the owner of the cat has been convicted within the period of 12 months before the cancellation of 2 or more offences against any of the following —

(i) this Act;

(ii) the Dog Act 1976;

(iii) the Animal Welfare Act 2002.

11. Registration numbers, certificates and tags

(1) A local government that registers a cat is to —

(a) allot a registration number to the cat; and

(b) give the owner of the cat a registration certificate in the prescribed form for the cat; and

(2) If a local government is satisfied that a registration certificate or registration tag for a cat has been stolen, lost, damaged or destroyed, the local government may give the owner a new registration certificate or tag for the cat.

12. Register of cats

(1) A local government is to keep an accurate and up‑to‑date register of cats registered by the local government.

(2) The register is to be kept in such form as the local government thinks fit.

(3) The local government is to record in the register the information prescribed in respect of each cat registered by the local government.

(4) The local government may cause any error in, or omission from, the register to be corrected.

13. Notice to be given of certain decisions made under this Subdivision

(1) Within 7 days after making a decision referred to in subsection (2) the local government is to give to the owner of the cat the subject of the decision, notice in writing of —

(a) the decision; and

(b) the reasons for the decision; and

(2) The decisions to which subsection (1) applies are a decision to —

(a) refuse to grant or renew the registration of a cat under section 9; or

(b) cancel the registration of a cat under section 10.

Division 2 — Microchipping

14. Cats to be microchipped

(1) The owner of a cat that has reached 6 months of age must ensure that the cat is microchipped, unless the cat is exempt from microchipping.

Penalty: a fine of $5 000.

(2) A cat is exempt from microchipping if a certificate given by a veterinarian stating that the implantation of a microchip in the cat may adversely affect the health and welfare of the cat applies in respect of the cat.

(3) A certificate referred to in subsection (2) cannot apply in respect of a cat that is under 6 months of age.

15. Microchip implanter to give information to microchip database company

A microchip implanter who implants a microchip in a cat must, within 7 days after the microchip is implanted, give notice in writing in the form, if any, prescribed of the information prescribed to the microchip database company for that cat.

Penalty: a fine of $5 000.

16. Microchip database company’s obligations

A microchip database company for a cat must keep and maintain in its microchip database the information prescribed under section 15 in respect of the cat.

Penalty: a fine of $5 000.

17. Interference with microchips

A person must not, without reasonable excuse, remove or interfere with a microchip implanted in a cat.

Penalty: a fine of $5 000.

Division 3 — Sterilisation

18. Cats to be sterilised

(1) The owner of a cat that has reached 6 months of age must ensure that the cat is sterilised by a veterinarian, unless the cat is exempt from sterilisation.

Penalty: a fine of $5 000.

(2) A cat is exempt from sterilisation if any of the following apply in respect of the cat —

(a) a certificate given by a veterinarian stating that to sterilise the cat may adversely affect the health and welfare of the cat applies in respect of the cat;

(b) the cat is owned, for the purpose of breeding, by an approved cat breeder;

(3) A certificate referred to in subsection (2)(a) cannot apply in respect of a cat that is under 6 months of age.

19. Identifying as sterilised a cat that is not sterilised

A person must not identify a cat as sterilised in the manner prescribed if it is not sterilised.

Penalty: a fine of $5 000.

20. Notice of sterilisation to be given to microchip database company

A veterinarian who sterilises a microchipped cat must, within 7 days after sterilising the cat, give notice in writing in the form, if any, prescribed of the sterilisation of the cat to the microchip database company for that cat.

Penalty: a fine of $5 000.

21. Certificate of sterilisation to be given

A veterinarian who sterilises a cat must give a certificate of sterilisation to the owner of the cat.

Penalty: a fine of $5 000.

Division 4 — Transfer of ownership of cats

22. Terms used

In this Division —

purchaser, of a cat, means the person to whom the cat is transferred;

seller, of a cat, means the person by whom the cat is transferred.

23. Transfer of ownership of cats

(1) A person must not transfer a cat that is not microchipped unless, at the time of the transfer, the person is satisfied that a certificate referred to in section 14(2) applies in respect of the cat.

Penalty: a fine of $5 000.

(2) A person must not transfer a cat that is not sterilised unless, at the time of the transfer —

(a) the person is satisfied that —

(i) a certificate referred to in section 18(2)(a) applies in respect of the cat; or

(ii) the purchaser is an approved cat breeder and the purchaser is purchasing the cat for the purpose of breeding; or

(iii) the cat belongs to a class of cats prescribed as exempt from sterilisation;

(b) a voucher is given to the purchaser by the person to enable the purchaser to have the cat sterilised at a later date by a veterinarian at no cost to the purchaser.

Penalty: a fine of $5 000.

(3) This section, or a part of this section prescribed, does not apply —

(a) in respect of a cat that belongs to a class of cats, if any, prescribed; or

(b) in the circumstances, if any, prescribed.

24. Notice to be given of transfer of cat

Within 7 days after the transfer of a cat, the seller of the cat must give notice in writing —

(a) to the local government with which the cat is registered, of —

(i) the name and address of the purchaser of the cat; and

(ii) any other changes to the information prescribed under section 12(3) in respect of the cat;

and

(b) to the microchip database company for that cat, of —

(i) the name and address of the purchaser of the cat; and

(ii) any other changes to the information prescribed under section 15 in respect of the cat.

Penalty: a fine of $5 000.

Division 5 — Changes to recorded information

25. Notice to be given of changes to recorded information

The owner of a cat must give notice in writing —

(a) to the local government with which the cat is registered, if there is a change to any of the information prescribed under section 12(3) in respect of the cat; and

(b) to the microchip database company for that cat, if there is a change to any of the information prescribed under section 15 in respect of the cat,

within 7 days after the change to the information.

Penalty: a fine of $5 000.

Part 3 — Management of cats

Division 1 — Cat control notices

26. Cat control notice may be given to cat owner

(1) A local government may give a cat control notice to a person who is the owner of a cat ordinarily kept in its district.

(2) A cat control notice is to —

(a) be in the form prescribed; and

(b) identify the cat or cats in respect of which the notice is given and indicate where the cat or cats are, or are suspected to be; and

(c) direct the person to whom the notice is given to comply with a provision of this Act, the regulations or a local law in respect of the cat or cats; and

(d) specify the period within which the person to whom it is given is to comply with the notice.

Division 2 — Seizing cats

27. Cats may be seized

An authorised person may —

(a) in any public place, seize any cat that the authorised person believes, or suspects, on reasonable grounds is the subject of an offence against this Act; or

(b) in any premises lawfully entered by the authorised person, seize any cat —

(i) at the request, or with the consent, of the person who is, or appears to be, the owner or occupier of the premises; or

(ii) under a warrant issued under Part 4 Division 3 Subdivision 3.

28. Disposing of seized cats

An authorised person is to ensure that a cat seized is —

(a) taken to its owner; or

(b) impounded in a cat management facility.

Division 3 — Dealing with cats at cat management facilities

29. Application of Division

This Division does not apply to a cat kept temporarily at a cat management facility at the request of its owner.

30. Obligation to identify a cat’s owner

(1) If the identity of the owner of a cat entering a cat management facility is unknown to the operator of the facility, then, as soon as practicable after the cat enters the facility the operator must make every reasonable attempt to identify the owner of the cat including, where possible, by scanning the cat.

Penalty: a fine of $5 000.

(2) Despite subsection (1), a person does not have to scan a cat if —

(a) the cat behaves aggressively towards the person or any other person; and

(b) the person believes on reasonable grounds that there is a danger to the health or safety of any person in attempting to scan the cat.

31. Cat owner liable to pay costs to cat management facility

(1) The owner of a cat kept at a cat management facility is liable to pay to the operator of the facility the reasonable costs associated with any of the following that have been incurred in relation to the cat —

(a) removing and impounding the cat;

(b) keeping and caring for the cat;

(d) the sterilisation of the cat under section 33;

(e) the destruction and the disposal of the cat under section 34.

(2) The operator of a cat management facility may recover the amount of the costs referred to in subsection (1) from the owner of the cat in a court of competent jurisdiction.

32. Notice to be given to cat’s owner, if identified

If the operator of a cat management facility knows the identity of the owner of a cat kept at the facility then the operator is to take all reasonable steps to ensure that the owner of the cat is notified in writing —

(a) of the name and address of the cat management facility where the cat is being kept; and

(b) that the cat may be re‑housed, offered for sale or destroyed if the cat is not reclaimed by its owner within the holding period specified in the notice (that is not to be less than 7 working days from the notice being given); and

(d) where relevant, that under section 33 —

(i) the cat is to be microchipped, unless it is proved to the satisfaction of the operator, within the holding period specified in the notice, that the cat is exempt from microchipping as referred to in section 14(2);

(ii) that the cat is to be sterilised, unless it is proved to the satisfaction of the operator, within the holding period specified in the notice, that the cat is exempt from sterilisation as referred to in section 18(2).

Penalty: a fine of $5 000.

33. Operator of cat management facility may have cat microchipped and sterilised

If the operator of a cat management facility —

(a) believes on reasonable grounds that a cat kept at the facility is not microchipped, and has no reason to believe that the cat is exempt from microchipping as referred to in section 14(2); or

(b) believes on reasonable grounds that a cat kept at the facility is not sterilised, and has no reason to believe that the cat is exempt from sterilisation as referred to in section 18(2),

then the operator of the cat management facility may do anything necessary to ensure that the cat is microchipped or sterilised, or both, as is relevant, before the cat is reclaimed or otherwise transferred from that facility.

34. Dealing with unidentified and unclaimed cats

(1) If —

(a) the operator of a cat management facility does not know the identity of the owner of a cat and fails to identify the owner within 3 working days of the cat entering the cat management facility; or

(b) the owner of a cat notified under section 32 has not reclaimed the cat within —

(i) 7 working days from the notice being given under that section; or

(ii) the holding period specified in the notice,

whichever is later; or

then the operator of the facility may —

(d) transfer the cat; or

(e) cause the cat to be destroyed in a humane manner.

(2) Despite subsection (1), the operator of a cat management facility may cause any cat kept at the facility to be destroyed in a humane manner immediately —

(a) if the operator believes on reasonable grounds that the cat —

(i) is feral, diseased or dangerous; and

(ii) has caused or given, or is likely to cause or give, serious injury, or serious illness, to a person, another animal or itself; or

(b) in the circumstances, if any, prescribed.

Division 4 — Breeding of cats

Subdivision 1 — Restrictions on breeding cats

35. Only approved cat breeders may breed cats

(1) A person must not breed cats unless the person is an approved cat breeder.

Penalty: a fine of $5 000.

(2) If a person is convicted of an offence under subsection (1), the court may, in addition to any penalty imposed under that subsection, order that the person must take immediate action to ensure that any, or all, cats owned by the person, as is specified in the order, are sterilised.

(3) A court that makes an order under this section is to ensure that a copy of the order is provided to the local government for the district in which the person subject to the order lives.

(4) An order under this section may be enforced as if it were a judgment of the court.

Subdivision 2 — Becoming an approved cat breeder

36. Application for approval to breed cats

(1) The owner of a cat that is ordinarily kept in the district of a local government may apply to the local government for the grant or renewal of an approval to breed cats.

(2) An application for the grant or renewal of an approval to breed cats is to —

(a) be made in the manner and form prescribed; and

(b) be accompanied by the fee, if any, prescribed; and

37. Approval to breed cats

(1) On receiving an application for the grant or renewal of an approval to breed cats under section 36, a local government is to —

(a) grant or refuse to grant an approval for the person to breed cats; or

(b) renew or refuse to renew an approval for the person to breed cats.

(2) A local government may refuse an application for the grant or renewal of an approval to breed cats only if the local government is satisfied that one or more of the following apply —

(a) the applicant is a child under 18 years of age;

(b) the applicant has no, or insufficient, facilities to breed cats in a safe and ethical way;

(d) the applicant has been convicted within the previous 3 years of an offence against —

(i) this Act; or

(ii) the Dog Act 1976; or

(iii) the Animal Welfare Act 2002;

(e) the applicant is not a fit and proper person to breed cats;

(f) such other circumstances, if any, as are prescribed.

(3) A local government to which an application is made may require the applicant to give the local government, within a specified time of not more than 21 days, any document or information that it requires to determine the application and may require the applicant to verify the information by statutory declaration.

(4) The local government may refuse to consider an application if the applicant does not comply with a requirement under subsection (3) within the specified time.

(5) Despite subsection (2), a local government is not to refuse to grant or renew an approval to breed cats if the applicant belongs to a class of persons prescribed for the purposes of this subsection.

(6) Subject to this Act, the grant or renewal of an approval to breed cats has effect for the period, or periods, prescribed.

38. Cancellation of approval to breed cats

A local government may cancel an approval to breed cats if one or more of the things set out in section 37(2) applies in respect of the approved cat breeder.

39. Certificate to be given to approved cat breeder

(1) A local government that gives approval to a person to breed cats is to give the person a certificate in the prescribed form.

(2) If a local government is satisfied that a certificate has been stolen, lost, damaged or destroyed, the local government may give the approved cat breeder a new certificate.

40. Notice to be given of certain decisions made under this Subdivision

(1) Within 7 days after making a decision referred to in subsection (2) the local government is to give to the person affected by the decision notice in writing of —

(a) the decision; and

(b) the reasons for the decision; and

(2) The decisions to which subsection (1) applies are a decision to —

(a) refuse to approve or renew the approval of a person to breed cats under section 37; or

(b) cancel the approval of a person to breed cats under section 38.

Division 5 — Miscellaneous

41. Cats not to be offered as prizes

A person must not offer a cat as a prize in a raffle or similar event or game of chance.

Penalty: a fine of $5 000.

Part 4 — Administration and enforcement

Division 1 — Administration

42. Administration by local governments

A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.

43. Places to be regarded as within district

(1) If the Governor has, under section 80, given approval for a local government to make a local law that has effect as if the local government’s district included a part of the State that is not in a district, that approval is to be taken to include approval under the Local Government Act 1995 section 3.19 to the extent necessary for the proper administration of that local law.

(2) For the purposes of the performance of a function under this Act by an authorised person appointed or designated by a local government, the district of the local government is to be regarded as including —

(a) any part of the State into which the authorised person has pursued a cat or person; and

(b) any part of the State in which the authorised person has performed a function in relation to an offence against this Act that occurred, or that the authorised person believes, or suspects, on reasonable grounds occurred, in the district of the local government that appointed or designated the authorised person.

[Section 43 amended: No. 19 of 2016 s. 116.]

Division 2 — Delegations

44. Delegation by local government

(1) The local government may delegate to its CEO the exercise of any of its powers or the discharge of any of its duties under another provision of this Act.

(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

(3) A decision to delegate under this section is to be made by an absolute majority.

45. Delegation by CEO of local government

(1) A CEO may delegate to any employee of the local government the exercise of any of the CEO’s powers or the discharge of any of the CEO’s duties under another provision of this Act.

(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

(3) This section extends to a power or duty the exercise or discharge of which has been delegated by a local government to the CEO under section 44, but in the case of such a power or duty —

(a) the CEO’s power under this section to delegate the exercise of that power or the discharge of that duty; and

(b) the exercise of that power or the discharge of that duty by the CEO’s delegate,

are subject to any conditions imposed by the local government on its delegation to the CEO.

(4) Subsection (3)(b) does not limit the CEO’s power to impose conditions or further conditions on a delegation under this section.

(5) In subsections (3) and (4) —

conditions includes qualifications, limitations or exceptions.

(6) A power or duty under section 63, 64 or 65 cannot be delegated to an authorised person.

46. Other matters relevant to delegations under this Division

(1) Without limiting the application of the Interpretation Act 1984 sections 58 and 59 —

(a) a delegation made under this Division has effect for the period of time specified in the delegation or where no period has been specified, indefinitely; and

(b) any decision to amend or revoke a delegation by a local government under this Division is to be by an absolute majority.

(2) Nothing in this Division is to be read as preventing —

(a) a local government from performing any of its functions by acting through a person other than the CEO; or

(b) a CEO from performing any of his or her functions by acting through another person.

47. Register of, and review of, delegations

(1) The CEO of a local government is to keep a register of the delegations made under this Division to the CEO and to employees of the local government.

(2) At least once every financial year, delegations made under this Division are to be reviewed by the delegator.

(3) A person to whom a power or duty is delegated under this Division is to keep records in accordance with regulations in relation to the exercise of the power or the discharge of the duty.

Division 3 — Authorised persons

[Subdivision 1 (s. 48) deleted: No. 16 of 2019 s. 92.]

Subdivision 2 — Particular powers of authorised persons

49. Authorised person may cause a cat to be destroyed

(1) An authorised person may cause a cat to be destroyed in a humane manner —

(a) if the person believes on reasonable grounds that the cat —

(i) is feral, diseased or dangerous; and

(ii) has caused or given, or is likely to cause or give, serious injury, or serious illness, to a person, another animal or itself; or

(b) at the request of the owner of the cat; or

(2) The owner of a cat destroyed under this section is liable to pay to the local government that appointed or designated the authorised person the reasonable costs associated with the destruction and the disposal of the cat.

(3) The local government may recover the amount of the costs referred to in subsection (2) from the owner of the cat in a court of competent jurisdiction.

[Section 49 amended: No. 19 of 2016 s. 118.]

50. Persons found committing breach of Act to give name on demand

(1) An authorised person who —

(a) finds a person committing; or

(b) on reasonable grounds suspects a person of having committed,

an offence against this Act, may request from the person the person’s name, place of residence and date of birth.

(2) A person from whom information is requested under subsection (1) must not refuse without lawful excuse to give the information.

Penalty: a fine of $5 000.

51. Power to enter premises

(1) In the performance of a function under this Act, an authorised person may enter any premises if entry is required for the performance of the function —

(a) with the consent of the person who is, or appears to be, the owner or occupier of the premises; or

(b) if a notice has been given in accordance with subsection (2) and the period specified in the notice as the period within which objections may be made has elapsed with no objection being made; or

(2) An authorised person wishing to enter any premises may give to the owner or occupier of the premises notice in writing —

(a) stating that the authorised person wishes to enter the premises; and

(b) specifying the purpose for which entry is required; and

(c) specifying that the owner or occupier may object to the entry and the period (being not less than 24 hours) within which the objection may be made; and

(d) specifying how the objection may be made.

(3) Where a notice has been given under subsection (2) and no objection has been made to the authorised person within the time specified in the notice —

(a) the notice continues to have effect until —

(i) the purpose for which entry was required has been effected; or

(ii) 7 days after the end of the objection period specified in the notice,

whichever occurs first; and

(b) successive entries for that purpose are to be regarded as entries to which the notice relates.

(4) The powers of entry under this section are in addition to and not in derogation of any power of entry conferred by any other law.

(5) Entry under this section may be made with such assistants and equipment as are considered necessary for the purpose for which entry is required.

52. General powers of authorised person

In the performance of a function under this Act, an authorised person may do any one or more of the following —

(a) set traps for cats in or on any public place or any premises lawfully entered;

(b) examine, including by scanning, a cat to determine if the cat is the subject of an offence against this Act;

(c) in any premises lawfully entered, as is reasonably required in order to investigate or collect evidence that an offence is being, or has been, committed against this Act —

(i) examine, seize, copy or take extracts from any documents relevant to the offence; or

(ii) take photographs, films and audio, video or other recordings relevant to the offence; or

(iii) direct a person to answer questions; or

(iv) take any other action that the authorised person believes, on reasonable grounds, is necessary.

53. Act does not derogate from powers of police officers

Nothing in this Act derogates from the powers of an authorised person who is a police officer.

54. Obstruction

A person must not delay, threaten, obstruct or otherwise hinder an authorised person in the performance of a function by that person under this Act.

Penalty: a fine of $5 000.

Subdivision 3 — Warrants

55. Grounds for a search warrant

A justice may issue a warrant authorising an authorised person to enter premises if satisfied, by an application supported by evidence on oath, that —

(a) there are reasonable grounds for suspecting that there is at the premises anything that may afford evidence of the commission of an offence against this Act; or

(b) entry onto the premises is reasonably required to investigate a suspected offence against this Act.

56. Grounds for a warrant to seize cat

A justice may issue a warrant authorising an authorised person to seize a cat, or cats, if satisfied, by an application supported by evidence on oath, that there are reasonable grounds for suspecting that the cat is, or cats are, the subject of an offence, or offences, against this Act.

57. Application for warrant

(1) An authorised person may apply for a warrant even if, under this Act, the authorised person may enter the premises, or seize the cat, or cats, without a warrant.

(2) The Criminal Investigation Act 2006 section 13 applies to and in respect of an application for a warrant under this Act.

58. Form of warrant

A warrant is to be in the prescribed form.

59. Effect of warrant

(1) A warrant has effect according to its content and this Subdivision.

(2) A warrant comes into force when it is issued by a justice.

60. Execution of warrant

(1) A warrant may be executed by —

(a) the authorised person to whom it is issued; or

(b) a person specified on the warrant; or

(2) A person executing a warrant must, at the reasonable request of a person who is, or appears to be, the owner or occupier of the premises, produce the warrant.

Division 4 — Infringement notices

61. Terms used

In this Division —

local government means the local government that could, or an employee of which could, prosecute for the offence concerned;

prescribed means prescribed by a local law or, if the alleged offence is against a regulation or this Act, prescribed by regulations or by a local law.

62. Giving an infringement notice

(1) An authorised person who has reason to believe that a person has committed a prescribed offence against this Act or a regulation or local law made under this Act may, within 28 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.

(2) A local government can only prescribe an offence for the purposes of subsection (1) if a prosecution for the offence could be commenced by the local government or any of its employees and the local government is satisfied that —

(a) commission of the offence would be a relatively minor matter; and

(b) only straightforward issues of law and fact would be involved in determining whether the offence was committed, and the facts in issue would be readily ascertainable.

(3) A person who is not an employee of a local government cannot be appointed to be an authorised person for the purposes of this section.

[Section 62 amended: No. 16 of 2019 s. 93.]

63. Content of infringement notice

(1) An infringement notice is to be in the prescribed form and is to —

(a) contain a description of the alleged offence; and

(b) advise that if the alleged offender does not wish to be prosecuted for the alleged offence in a court, the amount of money specified in the notice as being the modified penalty for the offence may be paid to the CEO of the local government within a period of 28 days after the giving of the notice; and

(2) In an infringement notice the amount specified as being the modified penalty for the offence referred to in the notice is to be the amount that was the prescribed modified penalty at the time the alleged offence is believed to have been committed.

(3) A modified penalty for an offence must not exceed 10% of the maximum penalty for that offence.

64. Extension of time

The CEO of a local government may, in a particular case, extend the period of 28 days within which the modified penalty may be paid and the extension may be allowed whether or not the period of 28 days has elapsed.

65. Withdrawal of notice

(1) Within one year after the notice was given the CEO of the local government may, whether or not the modified penalty has been paid, withdraw an infringement notice by sending to the alleged offender a notice in the prescribed form stating that the infringement notice has been withdrawn.

(2) Where an infringement notice is withdrawn after the modified penalty has been paid, the amount is to be refunded.

66. Benefit of paying modified penalty

(1) Subsection (2) applies if the modified penalty specified in an infringement notice has been paid within 28 days or such further time as is allowed and the notice has not been withdrawn.

(2) If this subsection applies it prevents the bringing of proceedings and the imposition of penalties to the same extent that they would be prevented if the alleged offender had been convicted by a court of, and punished for, the alleged offence.

(3) Payment of a modified penalty is not to be regarded as an admission for the purposes of any proceedings, whether civil or criminal.

67. Application of penalties collected

An amount paid as a modified penalty is, subject to section 65(2), to be dealt with as if it were a fine imposed by a court as a penalty for an offence.

Division 5 — Objections and review

68. When this Division applies

This Division applies when a local government makes a decision to —

(a) refuse to grant or renew the registration of a cat under section 9; or

(b) cancel the registration of a cat under section 10; or

(d) cancel the approval of a person to breed cats under section 38.

69. Objection may be lodged

(1) A person who has been given notice under section 13 or 40 of a decision may object to the decision if the person has not applied for a review of the decision under this Division.

(2) The objection is made by preparing it in the prescribed form and lodging it with the local government in the prescribed manner within 28 days after the right of objection arose, or within such further time as the local government may allow.

70. Dealing with objection

(1) The objection is to be dealt with by the council of the local government or by a committee authorised by the council to deal with it.

(2) A committee cannot deal with an objection against a decision that it made or a decision that the council made.

(3) The person who made the objection is to be given a reasonable opportunity to make submissions on how to dispose of the objection.

(4) The objection may be disposed of by —

(a) dismissing the objection; or

(b) varying the decision objected to; or

(i) substituting for it another decision; or

(ii) referring the matter, with or without directions, for another decision by a committee or person whose function it is to make such a decision.

(5) The local government is to ensure that the person who made the objection is given notice in writing of how it has been decided to dispose of the objection and the reasons for disposing of it in that way.

71. Review of decisions

(1) A person who has been given notice under section 13 or 40 of a decision may apply to the State Administrative Tribunal for a review of the decision if the person —

(a) has not lodged an objection to the decision; or

(b) has lodged an objection but, at the expiration of 35 days after it was lodged, has not been given notice in writing of how it has been decided to dispose of the objection.

(2) If the person lodged an objection and has been given notice in writing of how it has been decided to dispose of the objection, the person may apply to the State Administrative Tribunal for a review of the decision on the objection.

(3) The application is to be made within 42 days after the right to make it arose.

Examples for this subsection:

(a) within 42 days after the original decision, for an application under subsection (1)(a); or

(b) more than 35 days, but within 77 days, after the objection was lodged, for an application under subsection (1)(b); or

· (c) within 42 days after the objection was decided, for an application under subsection (2).

72. Suspension of effect of some decisions

If an objection has been lodged, or an application for review made under this Division against a decision to —

(a) refuse to renew the registration of a cat under section 9; or

(b) cancel the registration of a cat under section 10; or

(d) cancel the approval for a person to breed cats under section 38,

the effect of the decision is suspended, and the registration or approval, as is relevant, is to be taken to continue to have effect pending the determination of the application unless the State Administrative Tribunal orders that the effect of the decision should not be suspended.

Division 6 — Legal proceedings

73. Prosecutions

(1) The following persons are authorised to commence a prosecution for an offence against this Act —

(a) a person who is acting in the course of his or her duties as an employee of a local government;

(b) a person who is authorised to do so by a local government.

(2) The following persons are authorised to commence a prosecution for an offence against a local law —

(a) a person who is acting in the course of his or her duties as an employee of the local government that made the local law;

(b) a person who is authorised to do so by the local government that made the local law.

(3) In proceedings for an offence against this Act, unless evidence is given to the contrary, proof is not required —

(a) that the prosecutor is authorised to commence the prosecution; or

(b) that a signature on the prosecution notice alleging the offence is the signature of a person authorised to commence the prosecution.

74. Additional court orders

(1) If —

(a) a court convicts a person of an offence against this Act; and

(b) the person has previously been convicted of 2 or more offences against this Act,

the court may, in addition to imposing any other penalty imposed under this Act, order —

(d) that, despite any other provision of this Act, the person is to take immediate action to ensure that any, or all, cats owned by the person, as is specified in the order, are —

(i) microchipped; or

(ii) sterilised,

or both.

(2) A court that makes an order under this section is to ensure that a copy of the order is provided to the local government for the district in which the person subject to the order lives.

(3) An order under this section may be enforced as if it were a judgment of the court.

75. Evidentiary matters

(1) In proceedings for an offence against this Act an allegation in the prosecution notice that, at a specified time, any of the following matters existed is taken to be proved in the absence of evidence to the contrary —

(a) that a specified cat was not registered;

(b) that a specified person was the registered owner of a specified cat;

(d) that a specified person ordinarily kept and cared for a specified cat;

(e) that a specified cat was ordinarily kept in the district of a specified local government;

(f) that a specified person was the owner of a specified cat;

(g) that a specified database was a microchip database;

(h) that a specified person or body was a microchip database company;

(i) that a specified cat was not sterilised;

(j) that a specified cat was not microchipped;

(k) that a specified cat had reached 6 months of age.

(2) In subsection (1) —

specified means specified in the prosecution notice.

(3) This section is in addition to and does not affect the operation of the Evidence Act 1906.

Part 5 — Subsidiary legislation

Division 1 — Regulations

76. General regulations

(1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or that are necessary or convenient to be prescribed for giving effect to the purposes of this Act.

(2) Without limiting subsection (1), regulations may be made as to one or more of the following —

(a) registration tags;

(b) fees and charges payable in respect of any matter under this Act.

77. Regulations that operate as local laws

(1) The Governor may make regulations that are to operate as if they were local laws for each district to which they apply.

(2) Regulations made under this section may deal with any matter in respect of which local laws may be made under Division 2.

(3) Regulations under this section, other than those that only repeal or amend other regulations, are to contain a statement to the effect that they apply as if they were local laws.

(4) A local government is to administer any regulation made under this section to the extent that it relates to any place where the local government may perform functions, as if the regulation were a local law.

(5) Unless a contrary intention appears, a reference to an offence against a local law includes a reference to an offence against a regulation made under this section.

(6) If there is any inconsistency between a regulation made under this section and a local law made under this Act, the regulation prevails to the extent of the inconsistency.

78. Provisions about regulations

Regulations, whether under section 76 or 77, may —

(a) adopt any text that could be adopted by a local law;

(b) provide that contravention of a provision of regulations is an offence, and provide for the offence to be punishable on conviction by the imposition of a fine not exceeding $5 000;

(c) make a person who commits an offence of a continuing nature liable to a further fine not exceeding $500 in respect of each day or part of a day during which the offence has continued;

(d) provide for the imposition of a minimum fine for the offence;

(e) relate the level of the fine to —

(i) the circumstances or extent of the offence;

(ii) whether the offender has committed previous offences and, if so, the number of previous offences that the offender has committed;

(f) prescribe the method and the means by which any fines imposed are to be paid and collected, or recovered.

Division 2 — Local laws

79. Local laws

(1) A local government may make local laws prescribing all matters that are required or permitted to be prescribed by a local law, or are necessary or convenient to be so prescribed, for it to perform any of its functions under this Act.

(2) A local law made under this Act does not apply outside the local government’s district unless it is made to apply outside the district under section 80.

(3) Without limiting subsection (1), a local law may be made as to one or more of the following —

(a) the registration of cats;

(b) removing and impounding cats;

(d) the humane destruction of cats;

(e) cats creating a nuisance;

(f) specifying places where cats are prohibited absolutely;

(g) requiring that in specified areas a portion of the premises on which a cat is kept must be enclosed in a manner capable of confining cats;

(h) limiting the number of cats that may be kept at premises, or premises of a particular type;

(i) the establishment, maintenance, licensing, regulation, construction, use, record keeping and inspection of cat management facilities;

(j) the regulation of approved cat breeders, including record keeping and inspection;

(k) fees and charges payable in respect of any matter under this Act.

80. Places outside district

(1) If the Governor’s approval has been first obtained, a local government may make a local law under this Act that applies outside its district.

(2) A local government cannot, under subsection (1), make a local law that applies to —

(a) a part of the State that is in the district of another local government; or

(b) a part of the State to which a local law made by another local government concerning the same subject matter applies under this section.

(3) The Governor may revoke any approval given under subsection (1), and, after that revocation, a local law made under the approval ceases to apply to the part of the State for which the approval was given.

(4) The Minister is to cause notice of any revocation under subsection (3) to be published in the Gazette.

81. Inconsistency with written laws

A local law made under this Act is inoperative to the extent that it is inconsistent with this Act or any other written law.

82. Local laws may adopt codes etc.

(1) A local law made under this Act may adopt the text of —

(a) any model local law, or amendment to it, published under section 83; or

(b) a local law of any other local government; or

(c) any code, rules, specifications, or standard issued by Standards Australia or by such other body as is specified in the local law.

(2) The text may be adopted —

(a) wholly or in part; or

(b) as modified by the local law; or

(c) as it exists at a particular date or, except if the text of a model local law is being adopted, as amended from time to time.

(3) The adoption may be direct, by reference made in the local law, or indirect, by reference made in any text that is itself directly or indirectly adopted.

83. Model local laws

(1) The Governor may cause to be prepared and published in the Gazette model local laws the provisions of which a local law made under this Act may adopt by reference, with or without modification.

(2) Model local laws have no effect except to the extent that they are adopted.

(3) The Governor may, by notice published in the Gazette, amend a model local law published under this section.

(4) An amendment to a model local law does not affect any local law that adopted the model local law before the amendment but the amendment may be adopted by a further local law.

84. Creating offences and prescribing penalties

(1) A local law may provide that contravention of a provision of the local law is an offence, and may provide for the offence to be punishable on conviction by a penalty not exceeding a fine of $5 000.

(2) If the offence is of a continuing nature, the local law may make the person liable to a further penalty not exceeding a fine of $500 in respect of each day or part of a day during which the offence has continued.

(3) The local law may provide for the imposition of a minimum penalty for the offence.

(4) The level of the penalty may be related to either or both of the following —

(a) the circumstances or extent of the offence;

(b) whether the offender has committed previous offences and, if so, the number of previous offences that the offender has committed.

(5) A local law may specify the method and the means by which any fines imposed are to be paid and collected, or recovered.

Part 6 — Miscellaneous

85. False or misleading information

A person must not give any information that the person knows to be false or misleading in a material particular —

(a) to an authorised person exercising a power under this Act, or a person assisting an authorised person to exercise a power under this Act; or

(b) in relation to an application under this Act.

Penalty: a fine of $5 000.

86. Review of Act

(1) The Minister must carry out a review of the operation and effectiveness of this Act as soon as practicable after —

(a) the fifth anniversary of the commencement of this section; and

(b) the expiry of each 5 yearly interval after that anniversary.

(2) In the course of the review the Minister must consider and have regard to —

(a) the need for the continuation of this Act; and

(b) any other matters that appear to the Minister to be relevant to the operation and effectiveness of this Act.

(3) The Minister must prepare a report based on the outcome of the review and cause it to be laid before each House of Parliament, as soon as is practicable after the report is prepared but not later than 12 months after the end of the period of 5 years.

Part 7 — Transitional provisions

[Heading inserted: No. 16 of 2019 s. 94.]

87. Transitional provision for Local Government Legislation Amendment Act 2019

(1) This section applies to a person who, immediately before the day on which the Local Government Legislation Amendment Act 2019 section 92 comes into operation, was a person appointed under section 48(1).

(2) The person is taken to be an authorised person appointed under the Local Government Act 1995 section 9.10(2) for the purposes of this Act on the terms and conditions that were applicable to the person’s appointment under section 48(1) immediately before the day referred to in subsection (1).

[Section 87 inserted: No. 16 of 2019 s. 94.]

88. Transitional provision for the Dog Amendment (Stop Puppy Farming) Act 2021

(1) In this section —

centralised registration system means the electronic database or system the Department CEO will be required to establish and maintain when the Dog Amendment (Stop Puppy Farming) Act 2021 section 59 comes into operation;

commencement day means the day on which the Dog Amendment (Stop Puppy Farming) Act 2021 section 59 comes into operation;

Department CEO means the chief executive officer of the department of the Public Service principally assisting the Minister in the administration of this Act.

(2) The Department CEO may establish and maintain the centralised registration system before the commencement day and may —

(a) permit a local government to record in the centralised registration system any information that the local government is required under this Act to record in a register maintained by it; and

(b) cause or permit information to be transferred from a register maintained by a local government to the centralised registration system.

(3) If a local government records information in the centralised registration system under subsection (2)(a), or information from a register maintained by the local government is transferred to the centralised registration system under subsection (2)(b), before the commencement day the information is taken, for the purposes of this Act, to be information recorded by the local government on a register maintained by the local government.

[Section 88 inserted: No. 29 of 2021 s. 62.]

View image in the official source

Notes

This is a compilation of the Cat Act 2011 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.

Compilation table

Short title	Number and year	Assent	Commencement
Cat Act 2011	55 of 2011	9 Nov 2011	s. 1 and 2: 9 Nov 2011 (see s. 2(a)); Act other than s. 1, 2, 5, 6, 14(1), 18(1), 22-24, 26-35, 41, 49, 55‑60 and 86: 1 Nov 2012 (see s. 2(b)); s. 5, 6, 14(1), 18(1), 22-24, 26‑35, 41, 49, 55‑60 and 86: 1 Nov 2013 (see s. 2(c))
Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 7	19 of 2016	25 Jul 2016	24 Jan 2017 (see s. 2(1)(c) and Gazette 10 Jan 2017 p. 165)
Local Government Legislation Amendment Act 2019 Pt. 4 Div. 2	16 of 2019	5 Jul 2019	7 Nov 2020 (see s. 2(b) and SL 2020/212 cl. 2)
Veterinary Practice Act 2021 s. 228	19 of 2021	27 Oct 2021	18 Jun 2022 (see s. 2(b) and SL 2022/81 cl. 2)
Dog Amendment (Stop Puppy Farming) Act 2021 Pt. 3 (but only s. 49 and 62)	29 of 2021	22 Dec 2021	27 Aug 2022 (see s. 2(e) and SL 2022/150 cl. 2)

Uncommenced provisions table

To view the text of the uncommenced provisions see Acts as passed on the WA legislation website.

Short title	Number and year	Assent	Commencement
Dog Amendment (Stop Puppy Farming) Act 2021 s. 50‑61	29 of 2021	22 Dec 2021	To be proclaimed (see s. 2(e))
Evidence Act 2025 s. 492(1)	15 of 2025	25 Sep 2025	To be proclaimed (see s. 2(e))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

approved cat breeder 3(1)

authorised person 3(1)

cat 3(1)

cat management facility 3(1)

centralised registration system 88(1)

commencement day 88(1)

conditions 45(5)

Department CEO 88(1)

local government 61

microchip 3(1)

microchip database 3(1)

microchip database company 3(1)

microchip implanter 3(1)

microchipped 3(1)

owner 3(1), 4(1)

premises 3(1)

prescribed 3(1), 61

public place 3(1)

purchaser 22

registered 3(1)

registered owner 3(1)

registration tag 3(1)

scan 3(1)

seller 22

specified 75(2)

sterilised 3(1)

transfer 3(1)

veterinarian 3(1)

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

Cat Act 2011

Western Australia

Cat Act 2011

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used 2
Term used: owner 5

Part 2 — Registration, identification and sterilisation of cats

Division 1 — Registration and tagging

Subdivision 1 — Cats must be registered and tagged

Cats to be registered 6
Cats to wear tags 6
Interference with tag 7

Subdivision 2 — How to register a cat

Application for registration 7
Registration 7
Cancellation of registration 9
Registration numbers, certificates and tags 9
Register of cats 9
Notice to be given of certain decisions made under this Subdivision 10

Division 2 — Microchipping

Cats to be microchipped 10
Microchip implanter to give information to microchip database company 11
Microchip database company’s obligations 11
Interference with microchips 11

Division 3 — Sterilisation

Cats to be sterilised 11
Identifying as sterilised a cat that is not sterilised 12
Notice of sterilisation to be given to microchip database company 12
Certificate of sterilisation to be given 12

Division 4 — Transfer of ownership of cats

Terms used 13
Transfer of ownership of cats 13
Notice to be given of transfer of cat 14

Division 5 — Changes to recorded information

Notice to be given of changes to recorded information 14

The Act builds its controls around a small set of legal concepts, defined and used throughout the instrument. Key definitions appear in s3 and s4 and are operational across the Act.

Owner and registered owner. “Owner” depends on registration status. For registered cats the registered owner is the owner; for unregistered cats it is the person who ordinarily keeps and cares for the cat, or the parent/guardian if that person is a child (s4(1)). For microchipped unregistered cats, the person recorded in the microchip database is taken, absent contrary evidence, to be the person who ordinarily keeps and cares for the cat (s4(2)). These definitions allocate legal responsibility for compliance, notices and liability for costs (see ss5, 25, 31).
Cat, microchip, microchip database, microchip implanter, microchipped. “Cat” means Felis catus or a hybrid (s3). Microchip is a prescribed-type implantable identification device capable of storing electronically retrievable information (s3). A microchip implanter must be either prescribed or hold prescribed qualifications. Microchip database companies are prescribed persons or bodies who keep the database records (s3). The regime ties microchipping to notification duties and database maintenance obligations (ss14-16).
Sterilised. Defined as made permanently infertile by surgical procedure (s3). Sterilisation is compulsory at six months unless a veterinarian issues a certificate that sterilisation may adversely affect the animal’s health, or another express exemption applies such as approved breeding status (s18).
Registration and registration tag. Local governments register cats and issue a registration number, certificate and tag showing the registration number (s11). Registered cats must wear the tag when in public (s6) unless prescribed exemptions apply.
Cat management facility and operator duties. Facilities are local government facilities or prescribed/approved facilities for keeping cats (s3). Operators have obligations to identify owners (scan) and notify owners where identified, to microchip/sterilise under defined circumstances, and to transfer or humanely destroy unclaimed or surrendered cats after specified holding periods (ss29-34).
Approved cat breeder and breeding approvals. Breeding is restricted to approved cat breeders (s35). Local governments grant or refuse approvals to breed on specified grounds, and may cancel approvals (ss36-38). Approved breeders receive a certificate (s39).
Authorised person and powers. Authorised persons (s3) include police, Public Health Act designees and local government appointees. Their powers include seizing cats in public, entering premises with consent or notice or under warrant, executing warrants, examining cats (including scanning), setting traps, seizing evidence and giving directions (ss27, 49, 51-52, 55-60). They may cause humane destruction in specified circumstances (s49).
Regulatory and local-law overlay. The Act contemplates regulations (Part 5 Division 1, ss76-78) and local laws (Part 5 Division 2, ss79-84) that prescribe further classes of cats, fees, local requirements for confinement, prohibited areas and breeder regulation. Regulations may operate as local laws (s77).

Operational mechanics flow from those concepts: registration, microchipping and sterilisation create identification and fertility controls; microchip databases and notification duties provide information flows; cat management facilities and authorised persons implement enforcement including seizure, holding, microchipping/sterilisation and destruction; local governments exercise decision-making, delegation and regulatory design; and the court and administrative review mechanisms provide adjudicative oversight (Part 4). Many obligations require short statutory timeframes for notices and information updates (typically 7 days), which are central operational constraints for affected parties (see ss11(1)(b), 15, 20, 24, 25, 32).

The Act creates legally cognisable roles and allocates duties, rights and liabilities among several identifiable groups. The principal categories are the following.

Cat owners and prospective purchasers. Owners of cats ordinarily kept in Western Australia are the primary duty-holders. Owners must register, tag, microchip and sterilise cats by six months of age (ss5, 6, 14, 18), keep registration and microchip information current (s25), and meet obligations on transfer of ownership (s23-24). Purchasers are the recipients of transfer notices and may be required to be approved cat breeders if purchasing unsterilised cats for breeding (s23(2)(a)(ii)).
Sellers of cats. Sellers must not transfer a cat that is unmicrochipped absent a veterinarian certificate (s23(1)), and must comply with requirements when transferring unsterilised cats, including satisfying prescribed exemptions or issuing a voucher that enables free sterilisation for the purchaser (s23(2)). Sellers must notify local government and microchip database companies of transfers within 7 days (s24).
Microchip implanters and microchip database companies. Microchip implanters (prescribed persons or qualified practitioners) must notify the microchip database company within 7 days after implantation and are subject to penalties for non-compliance (s15). Microchip database companies must maintain prescribed information (s16) and are subject to penalty exposure where obligations are not met.
Veterinarians. Veterinarians perform statutory tasks including issuing health-exemption certificates for microchipping and sterilisation (ss14(2), 18(2)(a)) and must give certificates of sterilisation to owners (s21). If a veterinarian sterilises a microchipped cat they must notify the microchip database company within 7 days (s20).
Operators of cat management facilities. Operators must attempt to identify owners promptly, scan cats where reasonable (s30), notify identified owners (s32), may microchip and sterilise cats in their care where reasonable grounds exist (s33), deal with unclaimed or surrendered cats by transfer or humane destruction after statutory holding periods (s34), and may recover reasonable costs from owners (s31). Operators face administrative and potential financial exposure under these provisions.
Approved cat breeders and applicants. Only approved cat breeders may breed (s35). Applicants for approval to breed must apply to their local government and can be refused on specified grounds, including inadequate facilities, unsuitable premises and prior convictions (s36-37). Local governments administer approvals and cancellations (ss36-38) and issue certificates (s39).
Local governments, CEOs and authorised persons. Local governments administer registration, approvals, local laws and fees (s42), may delegate functions to CEOs and employees (ss44-47) and are responsible for enforcement via authorised persons - who may be police officers, Public Health Act designees or persons appointed under the Local Government Act (s3). Local governments may issue cat control notices (s26), give infringement notices (ss61-67), and commence prosecutions (s73).
The courts and State Administrative Tribunal. Courts exercise criminal sanctions, can make additional orders including permanent or time-limited bans on owning cats following repeat convictions and may order sterilisation/microchipping (s74). The State Administrative Tribunal hears statutory reviews of certain local government decisions (s71). Prosecution and evidentiary structures are set out in Part 4 Divisions 5-6 (s68-75).
The public and third parties. The Act creates enforceable norms that affect behaviour in public places (tag wearing s6) and authorises entry to premises in the performance of statutory functions (s51). The public may be affected by local laws creating prohibited areas, confinement requirements and limits on numbers of cats (s79(3)).

The Act therefore touches veterinary practices, microchip businesses, animal welfare and rescue operations, local government compliance units, and individuals who sell, buy or keep cats. Costs and administrative burdens fall mainly on owners, sellers, veterinarians and local governments, while enforcement discretion and decision-making authority are concentrated in local governments and authorised persons.

This section lists the central statutory duties and the principal rights and procedural protections provided by the Act. Citations are to the relevant sections.

Key duties

Register cats once they reach six months and keep registration current with the local government where the cat is ordinarily kept (ss5(1), 8, 9, 12). Local governments must allocate a registration number and provide a certificate and tag (s11).
Ensure a registered cat wears its registration tag when in a public place, subject to prescribed exemptions (s6). It is an offence to remove or interfere with a tag (s7).
Microchip cats at six months, unless a veterinarian issues a certificate that microchipping may adversely affect health; microchip implanters must notify a microchip database company within 7 days (ss14(1)-(3), 15). Microchip database companies must keep prescribed information (s16).
Sterilise cats at six months unless a veterinarian issues a certificate, the cat is owned by an approved breeder for breeding, or belongs to a prescribed exempt class (s18(1)-(2)). Veterinarians must provide a sterilisation certificate to the owner and notify the microchip database company for microchipped cats within 7 days (ss20-21).
Do not transfer unmicrochipped cats unless the seller holds a veterinarian certificate that implantation would adversely affect the cat (s23(1)). Do not transfer unsterilised cats unless prescribed exemptions apply, the purchaser is an approved breeder buying for breeding, or a sterilisation voucher is supplied (s23(2)).
When transferring a cat, sellers must notify the local government and the microchip database company within 7 days of the buyer’s name and address and any prescribed changes (s24).
Update recorded information with the local government and the microchip database company within 7 days of any change (s25).
Operators of cat management facilities must make reasonable attempts to identify owners, including scanning where safe, and notify identified owners in writing of holding periods and costs (ss29-32). Operators may microchip and sterilise cats in their care when reasonable grounds exist and may transfer or humanely destroy unclaimed or surrendered cats after statutory periods (ss33-34).
Only approved cat breeders may breed cats; applicants must apply and satisfy local government criteria and conditions (ss35-39).

Key rights and procedural protections

Notice and reasons. Local governments must give written notice of decisions to refuse or cancel registration or breeder approval, with reasons and rights of objection and review (s13, s40).
Objection and review. Persons affected by refusal/cancellation decisions may object to the local government within prescribed timeframes (s69) and apply to the State Administrative Tribunal for review (s71). The effect of some decisions is suspended while objection or review is pending unless the Tribunal orders otherwise (s72).
Infringement and plea options. An authorised person may issue an infringement notice for prescribed offences (ss62-63). Payment of a modified penalty prevents prosecution to the same extent as a conviction for the offence (s66).
Warrant and notice procedures for entry. Authorised persons may enter premises with consent, after specified written notice and an elapsed objection period, or under warrant (s51). Warrants require justice-issued consideration on oath and are subject to execution and production requirements (ss55-60).
Evidentiary presumptions. In prosecutions certain matters alleged in the prosecution notice are taken to be proved in the absence of contrary evidence, reducing proof burdens for the prosecutor on administrative facts such as registration status, microchip status and age (s75).
Right to be informed of hold and disposal. Operators must notify owners if known that the cat may be re‑housed, offered for sale or destroyed if unclaimed, and give the holding period (not less than 7 working days) (s32).

Additional enforcement mechanics

Authorised persons have specified powers to trap, scan and collect evidence (s52), and to cause humane destruction where feral, diseased or dangerous and likely to cause serious injury or illness (s49(1)(a)). Costs of destruction or disposal may be recovered from the owner (s49(2)-(3); s31).
Courts can impose additional orders following convictions, including banning ownership of cats for a specified or permanent period and ordering sterilisation/microchipping as immediate actions (s74).

Rights are routed chiefly through written-notice provisions, objection rights, administrative review and judicial processes. Operational compliance requires strict adherence to short notification periods and documentary proof (veterinarian certificates, registration certificates, tags, microchip database entries) because many duties are time-sensitive (for example notifications within 7 days under ss15, 20, 24, 25).

The Act prescribes monetary penalties, enforcement mechanisms and judicial remedies distributed across administrative, civil and criminal processes. Enforcement is primarily local government-led, using authorised persons and both infringement notices and prosecutions.

Monetary penalties

The Act sets a recurring maximum fine of $5,000 for many primary offences: failing to register a cat (s5(1)), failing to ensure a registered cat wears its tag in a public place (s6(1)), failure to microchip (s14(1)), failure to sterilise (s18(1)), interference with tags (s7) or microchips (s17), false or misleading information (s85), obstruction of authorised persons (s54), and others. Regulations and local laws may also create offences with fines up to $5,000 (s78(b), s84(1)).
For continuing offences regulations and local laws may impose daily fines up to $500 per day (s78(c), s84(2)).
Infringement notices provide a modified-penalty option for prescribed offences. The modified penalty must not exceed 10% of the maximum penalty for the offence (s63(3)). A person who pays a modified penalty within the specified time is, subject to withdrawal provisions, protected from further proceedings to the same extent as conviction (s66).

Enforcement powers and mechanisms

Authorised persons are empowered to seize cats in public where they reasonably suspect the cat is subject to an offence (s27(a)), and to seize in premises lawfully entered (s27(b)). Seized cats are to be returned to their owner or impounded in a cat management facility (s28).
Operators of cat management facilities may microchip and sterilise cats in their care where the operator reasonably believes the cat is not microchipped or not sterilised and no reasonable grounds for an exemption exist (s33). Those operators may recover costs from owners in a court of competent jurisdiction (s31).
Authorised persons may cause humane destruction where the cat is believed on reasonable grounds to be feral, diseased or dangerous and likely to cause serious injury or illness (s49(1)(a)); they may also destroy at the owner’s request (s49(1)(b)). Operators can cause destruction of unidentified or unclaimed cats under specified timing conditions (s34(1)(d)-(e)).
Entry and search powers are available with consent, after written notice with a 24-hour objection period, or under warrant (s51). Warrants require justice-issued applications supported by evidence on oath and may authorise seizure of cats or evidence (ss55-60). Execution of warrants requires production on reasonable request (s60(2)).
Authorised persons may set traps, examine and scan cats, seize documents or take recordings and direct persons to answer questions in premises lawfully entered to investigate offences (s52).
Obstruction, delay, threats or hindrance of authorised persons is itself an offence with a $5,000 maximum fine (s54).
Courts may impose additional orders when convicting repeat offenders, including banning the person from owning or keeping cats for a period or permanently and ordering immediate sterilisation or microchipping of specified cats (s74(1)(c)-(d)). Such orders are to be supplied to the local government and are enforceable as judgments (s74(2)-(3)).
Evidentiary presumptions reduce prosecution burdens on administrative facts (s75), assisting enforcement by permitting allegations of registration or microchip status to be taken as proved in absence of contrary evidence.

Administrative enforcement and review pathways

Local governments administer infringement notices (ss61-67). An authorised person may issue an infringement notice within 28 days after the alleged offence is believed to have been committed (s62(1)). Local governments decide which offences are prescribed for infringement under the local-law/regulation interface (s62(2)).
Decisions to refuse/renew registration or breeder approvals and to cancel registrations/approvals attract mandatory written notice of reasons and rights to object and review within 7 days (ss13, 40), with objection and review procedures (ss68-72).
Prosecutions may be commenced by local government employees or persons authorised by local governments (s73). Proof that the prosecutor is authorised is not required unless contrary evidence is given (s73(3)).

Who enforces and who pays

Enforcement actions are taken by authorised persons appointed by local governments, by police officers, or by persons designated under the Public Health Act 2016 (s3). Local governments administer the regime, receive infringement payments, and prosecute or withdraw notices (s62-66).
Owners are the principal financial subjects: they bear costs of registration, microchipping, sterilisation and may be liable for impoundment, microchipping/sterilisation performed by operators, destruction and disposal costs recoverable by local governments and operators (ss31, 49). Sellers may face penalties for unlawful transfers (s23).

Risk allocation and practical enforcement notes

The Act gives local governments considerable operational discretion: prescribing which offences are subject to infringement notices, administering breeder approvals and decisions on registration refusals, and making local laws under the Act (ss62(2), 37, 79). That discretion shapes enforcement intensity and local compliance costs.
Short statutory notice periods and information-update timeframes (commonly 7 days for microchip/sterilisation/transfer notifications) create tight compliance windows. Non-compliance exposes owners and service providers to the same top-line penalties across multiple obligations.
Evidentiary presumptions (s75) and the availability of warrants (ss55-60) facilitate enforcement action; the Act balances this with objection and review rights and judicial penalties including civil recovery.

The Act references, incorporates and operates alongside several other statutes and subordinate legislation frameworks, creating an interaction map between state legislation, local laws, regulations and sectoral statutes.

Inter-statutory cross-references and delegated appointment mechanisms

Local Government Act 1995. The Act relies on the Local Government Act for appointments and delegations. Authorised persons may be appointed under the Local Government Act 1995 s9.10(2) and powers and delegations to CEOs and employees follow the delegation model in ss44-47 of this Act, which cross-references the Local Government Act’s concepts of delegation and absolute-majority decisions for local government delegations (s44(3)). Section 43 also engages the Local Government Act to treat places as within district for administrative purposes.
Public Health Act 2016. Section 3(1) includes as authorised persons those designated under the Public Health Act 2016 s24(1) for the purposes of the Cat Act. That cross-reference delegates to the public health statutory machinery the ability to designate authorised officers.
Veterinary Practice Act 2021. The definition of veterinarian refers to the Veterinary Practice Act 2021 s3 (s3(1)), aligning professional definitions and regulatory competency for veterinarians who may issue exemption certificates for microchipping/sterilisation and perform sterilisation (ss14(2), 18(2), 20-21).
Dog Act 1976 and Animal Welfare Act 2002. Prior convictions under the Dog Act 1976 or the Animal Welfare Act 2002 are express grounds for refusing or cancelling registration and breeder approval applications (s9(2)(e); s37(2)(d)), importing prior animal-related regulatory conduct into eligibility assessments.
Criminal Investigation Act 2006. Applications for warrants under the Cat Act are subject to the Criminal Investigation Act 2006 s13 (s57(2)), tying search-warrant procedure for cat offences to the State’s general criminal-investigation warrant framework.

Local laws, regulations and model local laws

The Act allows regulations to operate as local laws (s77) and local governments may make local laws on a wide range of matters (s79). Regulations under the Act may adopt texts and standards, set fees, adopt codes and prescribe offences and penalties (ss76-78). Where regulations purport to operate as local laws, local governments administer those regulations within their districts (s77(4)); regulations prevail over inconsistent local laws (s77(6)).
Model local laws may be prepared and published by the Governor for adoption by local governments (s83), enabling harmonisation or divergence through local adoption. Local laws are inoperative to the extent inconsistent with the Cat Act or other written law (s81).

Centralised registration and other cross-Act mechanisms

Transitional provisions anticipate a centralised registration system created under the Dog Amendment (Stop Puppy Farming) Act 2021 (s88). The Department CEO may establish and populate a centralised registration system prior to certain Dog Act sections commencing, and information entered into that system is treated as register information under this Act (s88(2)-(3)). The compilation table also lists uncommenced Dog Amendment provisions that will interact by creating a centralised registration architecture.

Evidentiary and procedural interactions

Evidentiary presumptions (s75) are declared without reference to the Evidence Act 1906 (and explicitly stated as additional), but the compilation notes flag an uncommenced provision of the Evidence Act 2025 (compilation notes). The Act therefore sets administrative evidentiary shortcuts for prosecutions under it.
The Act does not derogate from police powers; authorised persons who are police officers retain their broader statutory powers (s53).

Practical points about interaction

The Act’s reliance on local laws and regulations means practical compliance varies by local government. Owners must check both the Cat Act and local law regimes adopted under s79, and whether local regulations produced under s77 apply in lieu of bespoke local laws.
Cross-references to professional legislation (veterinarian definitions) and public health designees create a multi-agency enforcement architecture. Veterinarians’ clinical decisions carry statutory consequence when they issue certificates that create exemptions to microchipping and sterilisation obligations (ss14(2), 18(2)(a)).
The Act’s provisions on delegation (ss44-47) impose recordkeeping and review responsibilities; delegations must be kept on a register and reviewed annually (s47), which interacts with general administrative law principles and local government governance.

Overall, the Cat Act operates as a hybrid statutory-local regulatory regime that interfaces with administrative and professional statutes and a centralised registration trajectory emerging from dog‑regulation reforms.

The Act’s compilation table and notes within the instrument record several amendments and commencement changes. The following summarises the textual amendments and commencement timing as set out in the statute materials included in the text.

Original enactment and staged commencement

The Cat Act 2011 (No. 55 of 2011) received assent on 9 November 2011. Sections 1 and 2 commenced on that date; most of the Act commenced on 1 November 2012; a number of substantive provisions (including registration, tagging, microchipping commencement components, sterilisation, transfer, breeding restriction, seizure, warranty provisions and the review clause) were staged to commence on 1 November 2013 (s2; compilation table).

Subsequent amendment Acts recorded in the compilation table

Public Health (Consequential Provisions) Act 2016 (No. 19 of 2016). Amendments arising from this Act were assented to on 25 July 2016 and commenced 24 January 2017 as indicated in the compilation table. The text notes amendments to s3 (definitions) referencing the change (see bracketed note following s3). The effect in primary text includes the inclusion of authorised officers designated under the Public Health Act 2016 as authorised persons for the Cat Act under s3(1)(ba).
Local Government Legislation Amendment Act 2019 (No. 16 of 2019). Assented 5 July 2019; commencement noted as 7 November 2020 for relevant parts (compilation table). The Act removed Subdivision 1 (s48) and inserted transitional provisions (s87) giving persons appointed under the then-deleted section transition status as authorised persons under the Local Government Act s9.10(2) (see Part 7 s87 and bracketed note at Subdivision 1).
Veterinary Practice Act 2021 (No. 19 of 2021). Section 228 of that Act amended definitions in s3 to reference the Veterinary Practice Act’s definition of veterinarian; commencement was 18 June 2022 for the referenced provision (compilation table).
Dog Amendment (Stop Puppy Farming) Act 2021 (No. 29 of 2021). Parts of that Act interface with the Cat Act; Pt. 3 (but only s49 and s62) commenced 27 August 2022 (compilation table). The Cat Act contains transitional provision s88 to allow the Department CEO to establish a centralised registration system (referred to in s88(1)) and to permit local governments to record register information into that system prior to the Dog Act’s commencement.

Uncommenced provisions and future interaction

The compilation notes list uncommenced provisions from the Dog Amendment (Stop Puppy Farming) Act 2021 (s50-61) and a provision from the Evidence Act 2025 s492(1) as being to be proclaimed (compilation notes uncommenced provisions table). These, when proclaimed, will further interact with the Cat Act by adding centralised registration mechanics and updated evidence rules.

Textual amendments recorded in-line

The Act itself includes in-line amendment notes in s3 indicating amendments made by the 2016, 2019 and 2021 Acts (s3 amended: No. 19 of 2016 s. 115; No. 16 of 2019 s. 91; No. 19 of 2021 s. 228(2)). Section 49 notes amendment by No. 19 of 2016 s. 118, indicating changes to authorised person destruction powers.

Transitional provisions and timing

Section 2 sets the staggered commencement dates and identifies which provisions were delayed to 2013. Part 7 contains transitional provisions tailored to the 2019 amendments (s87) and to the 2021 Dog Amendment (s88), allowing pre-commencement population of a centralised registration system and continuity of appointments to the authorised person role.

Implementation timetable implications

The Act’s staged commencement, subsequent amendments and transitional provisions mean that operational details (for example, the designation of authorised persons under different statutes, and the development of a centralised registration system) have been phased and may have been implemented at different times across local governments. Local governments will need to track both the Cat Act and amendments to connected statutes for current obligations.

The Act’s internal compilation table and footnoted amendment references are the authoritative record in the provided text for amendment history. The Act mandates periodic five‑year statutory review (s86), which will be the mechanism for evaluating the operation and informing future amendments.

The provided text of the Cat Act 2011 does not include or cite judicial decisions or specific litigation. The Act itself creates procedural opportunities and evidentiary presumptions that will affect litigation, but no cases are named in the statutory text supplied.

What the Act makes litigable and the procedural contours likely to shape litigation

Administrative decisions and review paths. Decisions by local governments to refuse or cancel registration or breeder approval are subject to an objection procedure and to review by the State Administrative Tribunal (ss68-72). These are the primary administrative-review litigation avenues where affected persons can seek merits review.
Criminal and regulatory prosecutions. Prosecutions for offences under the Act are to be commenced by local government employees or persons authorised by local governments (s73). The Act creates straightforward offence categories accompanied by evidentiary presumptions (s75) which make certain administrative facts (for example, a specified cat was not registered or not microchipped) deemed proved in the absence of contrary evidence, thereby shaping prosecutorial proof strategies and defence burdens.
Court-ordered ancillary remedies. On conviction the court may make additional orders including banning ownership of cats for a specified or permanent period and ordering immediate sterilisation or microchipping of specified cats (s74). These orders are enforceable as judgments and could give rise to enforcement litigation (for example enforcement of sterilisation orders or contempt for non-compliance).
Infringement notice regime. The modified penalty/infringement notice system (ss61-67) allows settlement without prosecution; withdrawal provisions (s65) and the interaction between payment and subsequent civil or criminal proceedings (s66) creates an administrative-law context for challenge or review in specific cases.

Evidentiary and procedural features likely to be contested

Presumptions in s75. The statutory list of matters taken to be proved unless evidence to the contrary is adduced (including registration, microchip status, ownership and age) may produce litigation on what constitutes sufficient contrary evidence.
Warrant and entry powers. Execution of warrants and entries made under s51 (consent, notice, or warrant) create potential grounds for litigation when entries are challenged as unlawful, or evidence seized is challenged on procedural grounds; the Cat Act cross-references general warrant procedures in the Criminal Investigation Act 2006 (s57(2)), drawing litigated doctrines from that statutory framework.

Absence of cases in the text

The statutory compilation provided contains no judicial decisions or a litigation history section. Practitioners seeking litigation precedents will need to consult case law databases or court records for decisions interpreting particular Cat Act provisions, evidentiary presumptions, enforcement actions by local governments or scope of authorised person powers.

In short, the Act establishes multiple administrative and prosecutorial routes that generate litigation opportunities: administrative review before the State Administrative Tribunal, criminal prosecutions by local governments, and civil enforcement of court-ordered ancillary remedies. The statutory evidentiary presumptions and entry/search/warrant provisions are likely litigation focal points. The text provided contains no listed cases or decided authorities.

The Act contains practical traps and tight compliance windows that commonly cause enforcement exposure or operational friction. The following are concrete pitfalls to flag, with statutory pointers.

Short notification timeframes and document management

Seven-day windows are recurring and strict. Microchip implanters must supply prescribed information to a microchip database company within 7 days of implantation (s15). Veterinarians who sterilise microchipped cats must notify the microchip database company within 7 days (s20). Sellers must notify the local government and the microchip database company of a transfer within 7 days (s24). Owners must notify the local government and microchip database company of changes to recorded information within 7 days (s25). Failing to keep documentary proof of timely notification risks $5,000 penalties.
Registration decisions and breeder decisions trigger 7-day notice obligations from local governments to applicants (s13, s40). Practitioners must monitor these windows for objection and review time calculations (ss69-71).

Tight clinical and transfer constraints

Microchipping and sterilisation exemptions are narrow and clinically contingent. Veterinarians may issue certificates that implantation or sterilisation would adversely affect health (ss14(2), 18(2)(a)), but those certificates cannot apply to cats under 6 months (ss14(3), 18(3)). Sellers transferring unmicrochipped or unsterilised cats must rely only on statutory exceptions or provide a sterilisation voucher (s23). Check that vouchers and certificates meet prescribed form and content requirements where regulations prescribe forms.
Approved breeder status creates a carve-out allowing owned-for-breeding cats to be exempt from sterilisation (s18(2)(b)) and allows sales to approved breeders of unsterilised cats (s23(2)(a)(ii)), so mislabelling or failing to verify buyer approvals risks contravening transfer rules.

Operator and scanner obligations

Operators of cat management facilities must make “every reasonable attempt” to identify owners and scan cats as soon as practicable (s30(1)). Failure to attempt identification or scanning where safe can attract a $5,000 penalty. However, scanning is not required where the cat behaves aggressively and there are reasonable safety concerns (s30(2)).
Operators may microchip and sterilise cats in their care where reasonable grounds exist and may recover costs (s33, s31). If operators microchip or sterilise without reasonable grounds or without proper notice and holding periods, disputes about authority and cost recovery can arise. Operators must ensure they can lawfully rely on the statutory criteria.

Local-law variance and enforcement intensity

Local governments may make local laws under s79 and regulations under s76 and s77 may operate as local laws. The practical rules may differ between local government areas. A compliance regime in City A may be materially different from Shire B in confinement requirements, maximum numbers or prohibited places (s79(3)(f)-(i)). Owners and breeders must check local laws and regulations in the relevant district.
Local governments decide which offences are prescribed for infringement notices (s62(2)). This decision affects whether alleged contraventions are dealt with by modified penalty or prosecution and can vary across districts.

Evidentiary presumptions and burden-shifting

The Act’s evidentiary presumptions (s75) treat administrative facts as proved in the absence of contrary evidence. Defendants need documentary evidence such as registration certificates, microchip database printouts and veterinarian certificates to rebut presumptions. Absence of documentary evidence will make contesting allegations difficult.

Delegation and recordkeeping requirements

Delegations by local governments to CEOs and by CEOs to employees are governed by ss44-46 and must be recorded and reviewed annually (s47). Powers to delegate are subject to conditions; certain powers (s63-65) cannot be delegated to authorised persons (s45(6)). Administrative failures on delegation formalities could affect the validity of decisions or enforcement actions.

Costs and recovery exposure

Owners are liable for costs associated with removal, impounding, microchipping and sterilisation undertaken by a cat management facility, and for the destruction and disposal of cats where authorised (s31). Local governments and operators can recover those costs in court. Owners may face material financial exposure in addition to fines.

Entry and warrant complexities

Authorised persons may enter premises with consent, after giving notice and waiting the objection period, or under a warrant (s51). Notices must state the purpose and provide at least 24 hours to object (s51(2)(c)). Entry without proper notice or non‑warranted entry risks legal challenge and potential remedies.

Overlap with other legislative regimes

Prior convictions under the Dog Act 1976 or Animal Welfare Act 2002 are grounds to refuse or cancel registrations or breeder approvals (s9(2)(e); s37(2)(d)). Applicants and owners who have animal‑related regulatory histories should anticipate cross‑regulatory effects.

Administrative formality risks

Many duties require prescribed forms where regulations apply (for example prescribed form for registration application s8(2)(a), for microchip implanter notification s15, for sterilisation certificates s20-21). Failure to comply with prescribed form and content requirements can be fatal to an application or expose to penalties.

In short, the “gotchas” cluster around short statutory timelines, tightly defined clinical exemptions, the need for contemporaneous documentary proof, local-law variance, and delegated-administration formalities.

This section gives a practical compliance checklist tied to statutory citations and recommended documentary practices for owners, sellers, veterinarians, breeders, microchip implanters and cat management facilities.

Owners and keepers (primary obligations)

Registration and tagging: Register any cat that reaches six months with the local government in whose district the cat is ordinarily kept (s5(1)). Obtain and retain the registration certificate and tag provided by the local government (s11(1)(b)-(c)). Ensure the cat wears its registration tag in any public place unless the cat is within a prescribed exempt class (s6(1)-(2)). Maintain copies of the registration certificate and keep the registration number accessible.
Microchipping: Ensure cats are microchipped by six months, unless a veterinarian issues a health-exemption certificate (s14(1)-(3)). Retain the original implanter’s notification and any clinic records; confirm that the microchip implanter has notified the prescribed microchip database company within 7 days (s15).
Sterilisation: Sterilise by six months unless a veterinarian issues a certificate that sterilisation would adversely affect health, the cat is owned by an approved breeder for breeding, or a prescribed class is exempt (s18(1)-(2)). Obtain and keep the sterilisation certificate supplied by the veterinarian (s21).
Notification and record updates: Notify the local government and the microchip database company within 7 days of any changes to prescribed information (s25). On transfer, sellers must notify the local government and microchip database company of purchaser name and address and other prescribed changes within 7 days (s24).
Keep documentary evidence: Keep originals or certified copies of registration certificates, microchip IDs and microchip database printouts showing owner details, veterinarian certificates for exemptions, sterilisation certificates, and any vouchers provided on transfer. These documents rebut s75 presumptions.

Sellers and purchasers

Check microchip and sterilisation status before transfer. Do not transfer unmicrochipped cats unless you hold a veterinarian certificate that implantation would adversely affect the cat (s23(1)). Do not transfer unsterilised cats unless the purchaser is an approved breeder buying to breed, a prescribed exemption applies, or a sterilisation voucher enabling cost-free sterilisation is provided to the purchaser (s23(2)). Maintain written evidence of compliance.
Provide transfer notices to the local government and microchip database company within 7 days (s24). Ensure vouchers are redeemable and meet any prescribed form or content requirements.

Microchip implanters and microchip database companies

Microchip implanters must give notice in writing of prescribed information to the microchip database company within 7 days of implantation (s15). Use the prescribed form where regulations specify the form. Maintain records of notices given.
Microchip database companies must keep and maintain prescribed information for the cat (s16). Keep effective, auditable record systems that allow prompt updates (for owner changes, sterilisation entries, etc.) in compliance with prescribed data obligations.

Veterinarians

Issue and retain explicit certificates when microchipping or sterilisation would adversely affect a cat’s health; such certificates create statutory exemptions (ss14(2), 18(2)(a)). Ensure certificates address the required matters and are dated and signed.
Provide sterilisation certificates to owners (s21) and give notice to the relevant microchip database company within 7 days when sterilising a microchipped cat (s20). Maintain process workflows to meet the 7‑day reporting window.

Approved cat breeders and applicants

Apply for approval to breed via the local government in prescribed form and with the prescribed fee (s36(2)). Make sure premises and facilities meet the “safe and ethical” criteria; local governments may refuse where facilities or premises are insufficient (s37(2)(b)-(c)). Keep certificates of approval and comply with local-law regulatory requirements (s39).
If selling for breeding, confirm buyer’s approved-breeder status before transferring an unsterilised cat to avoid s23 contravention.

Operators of cat management facilities

Implement intake procedures to scan and reasonably attempt to identify owners as soon as practicable (s30(1)). Record reasons and take photographs where relevant; do not attempt scanning if the cat’s behaviour creates a safety risk (s30(2)).
Notify identified owners in writing with the information required by s32, including holding period (not less than 7 working days) and potential costs that may be recovered (s32(b)-(c)). Keep records proving delivery of written notices.
If the operator reasonably believes the cat is unmicrochipped or unsterilised and has no reason to think it is exempt, arrange microchipping or sterilisation before transfer out of the facility, and document the reasonable grounds and steps taken (s33). Keep consistent billing and cost-recovery processes and be prepared to recover costs in a court of competent jurisdiction (s31).
Comply with humane-destruction standards and prescribed circumstances for immediate destruction where the cat is feral, diseased or dangerous and likely to cause serious injury or illness (s34(2)(a)). Retain veterinarian assessments supporting such determinations.

Local governments and authorised persons

Maintain registers of delegations to CEOs and employees and review delegations at least annually (s47). Ensure proper instruments of delegation and recordkeeping consistent with ss44-47.
Train authorised persons on entry, notice and warrant procedures (s51) and on the narrow circumstances authorising destruction (s49). Maintain forms, templates and systems for infringement notices, objections, reviews, and prosecution files (ss61-72, s73).
Publish or make accessible relevant local laws, fees and model local laws adopted under s79 and s83 so owners can locate applicable local rules. Decide carefully which offences are prescribed for infringement notices under s62(2) and document the rationale.

General compliance and risk-reduction practices

Centralise recordkeeping. Maintain an indexed compliance file per cat: registration certificate, microchip number and database printouts, veterinarian certificates, sterilisation certificates, transfer records and any vouchers.
Monitor timeframes. Use workflow systems or calendar alerts for 7-day reporting windows for implanter notifications, sterilisation notifications, transfer notifications and change-of-information updates.
Verify buyer/seller credentials when relevant. When transferring unsterilised cats verify the purchaser is an approved breeder or provide a voucher; when buying, confirm the seller has provided required notices and documentation.
Check local law variability. Before operating a cat business or breeder activities, review local laws in the district(s) of operation and consult the model local laws and regulations that may apply (ss76-84, s79).
Preserve evidence to rebut presumptions. Keep contemporaneous records and certificates that can be produced in prosecutions to rebut s75 presumptions.

By aligning administration, recordkeeping and clinical documentation to the statutory timeframes and prescribed forms, regulated parties can materially reduce exposure to fines, enforcement actions and administrative disputes under the Cat Act 2011.

Deep Dive

What it does

Current sections

Cat Act 2011

Part 1 — Preliminary

1. Short title

2. Commencement

3. Terms used

4. Term used: owner

Part 2 — Registration, identification and sterilisation of cats

Division 1 — Registration and tagging

Subdivision 1 — Cats must be registered and tagged

5. Cats to be registered

6. Cats to wear tags

7. Interference with tag

Subdivision 2 — How to register a cat

8. Application for registration

9. Registration

10. Cancellation of registration

11. Registration numbers, certificates and tags

12. Register of cats

13. Notice to be given of certain decisions made under this Subdivision

Division 2 — Microchipping

14. Cats to be microchipped

15. Microchip implanter to give information to microchip database company

16. Microchip database company’s obligations

17. Interference with microchips

Division 3 — Sterilisation

18. Cats to be sterilised

19. Identifying as sterilised a cat that is not sterilised

20. Notice of sterilisation to be given to microchip database company

21. Certificate of sterilisation to be given

Division 4 — Transfer of ownership of cats

22. Terms used

23. Transfer of ownership of cats

24. Notice to be given of transfer of cat

Division 5 — Changes to recorded information

25. Notice to be given of changes to recorded information

Part 3 — Management of cats

Division 1 — Cat control notices

26. Cat control notice may be given to cat owner

Division 2 — Seizing cats

27. Cats may be seized

28. Disposing of seized cats

Division 3 — Dealing with cats at cat management facilities

29. Application of Division

30. Obligation to identify a cat’s owner

31. Cat owner liable to pay costs to cat management facility

32. Notice to be given to cat’s owner, if identified

33. Operator of cat management facility may have cat microchipped and sterilised

34. Dealing with unidentified and unclaimed cats

Division 4 — Breeding of cats

Subdivision 1 — Restrictions on breeding cats

35. Only approved cat breeders may breed cats

Subdivision 2 — Becoming an approved cat breeder

36. Application for approval to breed cats

37. Approval to breed cats

38. Cancellation of approval to breed cats

39. Certificate to be given to approved cat breeder

40. Notice to be given of certain decisions made under this Subdivision

Division 5 — Miscellaneous

41. Cats not to be offered as prizes

Part 4 — Administration and enforcement

Division 1 — Administration

42. Administration by local governments

43. Places to be regarded as within district

Division 2 — Delegations

44. Delegation by local government

45. Delegation by CEO of local government

46. Other matters relevant to delegations under this Division

47. Register of, and review of, delegations

Division 3 — Authorised persons

Subdivision 2 — Particular powers of authorised persons

49. Authorised person may cause a cat to be destroyed

50. Persons found committing breach of Act to give name on demand

51. Power to enter premises

52. General powers of authorised person

53. Act does not derogate from powers of police officers

54. Obstruction

Subdivision 3 — Warrants