Div 4Dog and Cat Management Fund

Division 4—Dog and Cat Management Fund 25—Dog and Cat Management Fund (1) The Dog and Cat Management Fund is established. (2) The Fund is to be kept and administered by the Board. (3) The Fund consists of— (a) the money held in the Dog Control Statutory Fund immediately before the commencement of this Act; and (b) money required to be paid into the Fund under this Act (representing a proportion of dog registration fees received by councils);1 and (c) any other money received by the Board; and (d) interest accruing from investment of the Fund. (4) The Fund may be applied by the Board in making payments— (a) towards the cost of establishing or maintaining facilities used for the detention of dogs and cats under this Act; and (b) towards the cost of research or educational programs relating to dog or cat management; and (c) for the administrative expenses associated with the operations of the Board; and (d) for any other purpose in furtherance of the objects of this Act. (5) The Fund may be invested as approved by the Treasurer. (6) The Board must keep proper accounts of the receipts and payments from the Fund. (7) The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Fund. 1 See section 26(5). Part 3—Administration and enforcement Division 1—Authorised persons 25A—Appointment of authorised persons (1) The Board or a council may appoint suitable persons (other than members of the council) to be authorised persons for the purposes of this Act. (2) An appointment may be made subject to conditions specified in the instrument of appointment. (3) The appointment of an authorised person by the Board or a council may, at any time, be revoked, or the conditions of appointment varied or revoked, by— (a) if the authorised person was appointed by the Board—the Board; or (b) if the authorised person was appointed by a council—the council. 25B—Identification of authorised persons (1) An authorised person appointed by the Board or a council must be issued with an identity card in a form approved by the Board. (2) If the powers of the authorised person have been limited by conditions, the identity card issued to the person must contain a statement of those conditions. (3) An authorised person appointed by the Board or a council must, at the request of a person in relation to whom the person intends to exercise powers under this Act, produce for the inspection of the person his or her identity card. 25C—Area limitation on authorised persons appointed by councils An authorised person appointed by a council may (subject to any conditions of the appointment of the person) exercise powers under this Act— (a) within the area of the council; or (b) outside the area of the council for the purposes of— (i) seizing or destroying a dog or cat under this Act that has been pursued from within the area of the council; or (ii) investigating an offence against this Act committed, or suspected to have been committed, within the area of the council; or (c) within the area of another council pursuant to an arrangement between the councils or at the request of an authorised person appointed by the other council. This section does not apply to authorised persons appointed by the Board. 25D—General powers of authorised persons (1) An authorised person may (subject to any conditions of the appointment of the person) for the purposes of the administration or enforcement of this Act— (a) subject to subsection (2), enter and inspect any place or vehicle and use such force as may be reasonably necessary to gain entry; or (b) require a person to produce a dog or cat in the person's possession or control for inspection; or (c) require a person who owns or is responsible for the control of a dog or cat to produce evidence that the dog or cat is microchipped or desexed or both; or (d) require a person to produce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) as reasonably required in connection with the administration or enforcement of this Act; or (e) examine, copy or take extracts from documents or information so produced or require a person to provide a copy of any such document or information; or (f) carry out tests, make measurements or take photographs, films or video recordings as reasonably necessary in connection with the administration or enforcement of this Act; or (g) subject to Part 5A, seize and retain anything that the authorised person reasonably suspects may constitute evidence of a contravention of this Act; or (h) require a person whom the authorised person reasonably suspects to have committed, or to be committing or about to commit, any breach of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; or (i) require a person who the authorised person reasonably suspects has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters; or (j) give expiation notices to persons alleged to have committed expiable offences under this Act; or (k) give any directions reasonably required in connection with the exercise of a power conferred above or otherwise in connection with the administration or enforcement of this Act. (2) An authorised person cannot exercise the power conferred by subsection (1)(a) except— (a) with the consent of the owner or occupier of the place or the owner or person in charge of the vehicle; or (b) on the authority of a warrant issued by a justice; or (c) to seize a dog found wandering at large; or (d) to seize a dog under this Act in circumstances in which the authorised person believes on reasonable grounds that urgent action is required. (3) A justice must not issue a warrant under subsection (2) unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. (4) An application for a warrant under this section cannot be made to a justice who is a member, officer or employee of a council. (5) In the exercise of powers under this Act, an authorised person may be assisted by such persons, and may use such equipment or materials, as he or she considers necessary in the circumstances. Division 2—Council responsibility for administration and enforcement 26—Council responsibility for management of dogs and cats (1) Subject to this Act, each council is required to administer and enforce the provisions of this Act relating to dogs and cats within its area and for that purpose must— (a) maintain a register of dogs containing the information required by the Board (which may be kept in the form of a computer record); and (ab) ensure that the Board is provided with information contained in the register as required by the Board from time to time; and (ac) maintain such other registers as may be required by the Board; and (ad) make the registers kept under the Act available for inspection by members of the public in accordance with any guidelines issued by the Board; and (ae) if guidelines issued by the Board so require, limit inspection of a register, or part of a register, kept under the Act by members of the public; and (b) appoint a suitable person to be Registrar; and (c) make satisfactory arrangements for issuing and replacing certificates of registration and registration discs; and (d) appoint at least 1 full-time authorised person or make other satisfactory arrangements for the exercise of the functions and powers of authorised persons; and (e) make satisfactory arrangements for the detention of dogs seized under this Act (and may, but need not, make such arrangements for cats seized under this Act); and (f) make satisfactory arrangements for fulfilling other obligations under this Act. (1a) Without limiting subsection (2), the arrangements referred to in subsection (1)(e) may consist of nominating a facility approved by the Board at which dogs or cats may be detained. (2) The arrangements made by a council under this section must be satisfactory to the Board. (3) Money received by a council under this Act must be expended in the administration or enforcement of the provisions of this Act relating to dogs and cats. (4) Each council must keep separate accounts of money received under this Act and of money expended in the administration and enforcement of the provisions of this Act relating to dogs and cats. (5) A council must pay into the Fund the percentage fixed by regulation of the dog registration fees received by the council. (6) Councils may charge— (a) fees for the provision of extracts from registers kept under this Act; and (ab) fees for the receipt and management of information relating to a register contemplated by subsection (1)(ac); and (b) fees (which may be differential but which must not exceed an amount prescribed by the regulations for the purposes of this paragraph)— (i) for the registration of dogs or businesses under Part 4; and (ii) for late payment of registration fees; and (iii) for meeting any other requirement imposed on councils under this Act. (7) Without otherwise limiting a council's ability to set registration fees, a council must, in the case of a standard dog or cat, provide for a percentage rebate of a fee that would otherwise be charged for the registration of a dog or cat under this Act. (8) In this section— standard dog or cat means a dog or cat (as the case requires) that is both microchipped and desexed in accordance with this Act. 26A—Plans of management relating to dogs and cats (1) Each council must, in accordance with any requirements set out in guidelines issued by the Board, prepare a plan relating to the management of dogs and cats within its area (which may be combined with another plan prepared by the council under this or any other Act). (2) A council must, on preparing or amending a plan of management, in a manner and form determined by the Board, notify the Board of that fact. 31—Offence to hinder etc authorised person (1) A person who— (a) hinders or obstructs an authorised person, or a person assisting an authorised person, in the exercise of powers conferred by this Act; or (b) uses abusive, threatening or insulting language to an authorised person, or a person assisting an authorised person; or (c) refuses or fails to comply with a requirement of an authorised person under this Act; or (d) falsely represents, by words or conduct, that he or she is an authorised person, is guilty of an offence. 31A—Medical practitioner must notify Board of certain injuries resulting from dog attacks (1) A registered medical practitioner who treats a victim of a dog attack for physical injury must, if of the opinion that the injury is one that should, because of the nature of the injury, be brought to the attention of the Board, notify the Board of the injury and the circumstances surrounding the injury. (2) The Board must include a report of information received under this section in its annual report. 32—Offences by authorised persons An authorised person, or a person assisting an authorised person, who— (a) addresses offensive language to another person; or (b) without lawful authority, hinders or obstructs or uses or threatens to use force in relation to another person, is guilty of an offence. 32A—Failure on part of council to discharge responsibilities (1) If, in the opinion of the Board, a council fails to discharge its responsibilities under this Act, the Board may refer the matter to the Minister to whom the administration of the Local Government Act 1999 has been committed (with a view to that Minister taking action in relation to the council under that Act). (2) If a matter is referred to the Minister under subsection (1), the Minister must ensure that a written response, setting out the action that the Minister has taken or proposes to take, is provided to the Board within 28 days after the referral of the matter to the Minister.