Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Dog and Cat Management Act 1995. 3—Objects The objects of this Act are— (a) to encourage responsible dog and cat ownership; (b) to reduce public and environmental nuisance caused by dogs and cats; (c) to promote the effective management of dogs and cats; (d) to require breeders of dogs and cats to adhere to standards and guidelines that provide for the welfare of dogs and cats involved in breeding programs. 4—Interpretation In this Act, unless the contrary intention appears— accredited means accredited by the Board under section 21A; animal welfare organisation means— (a) the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; or (b) the Animal Welfare League of South Australia Inc; or (c) any other person or body declared by the regulations to be an animal welfare organisation; area of a council, means— (a) in relation to a municipal or district council—the area in relation to which the council is constituted; (b) in relation to a body declared by regulation to be a council (or part of a council) for the purposes of this Act—the area specified by regulation in relation to the body; (c) in relation to the Outback Communities Authority—the area in relation to which the Outback Communities Authority is constituted; assistance dog means a dog trained and used for the purpose of assisting a person who is wholly or partially disabled and includes a dog undergoing training of a kind approved by the Board for the purposes of this definition; attack trained dog means a dog trained, or undergoing training, to attack a person on command; authorised person means— (a) a police officer; or (b) a person appointed as an authorised person under section 25A; Board means the Dog and Cat Management Board established under Part 2; cat means an animal of the species felis catus; corresponding law means a law of another State or a Territory of the Commonwealth that provides for the registration of dogs; council means— (a) a municipal council; (b) a district council; (c) the Outback Communities Authority; (d) a body declared by regulation to be a council for the purposes of this Act; dangerous dog means a dog in relation to which— (a) a council or the Board has made a Control (Dangerous Dog) Order; or (b) a court has made an order the terms of which generally correspond to a Control (Dangerous Dog) Order; desex means to permanently render an animal incapable of reproducing (and desexed has a corresponding meaning); dispose of includes sell or give away; dog means an animal of the species canis familiaris but does not include a dingo or cross of a dingo; effective control of a dog—see section 8; emergency service means— (a) SA Police; (b) SAMFS; (c) SACFS; (d) SASES; (e) SAAS; (f) any other entity prescribed by the regulations; Fund means the Dog and Cat Management Fund established under Part 2; guard dog means a dog that is kept on premises primarily for the purpose of guarding or protecting a person or property at those premises; identified cat means a cat identified in the manner set out in the regulations; LGA means the Local Government Association of South Australia; Magistrates Court means the Magistrates Court of South Australia; microchip means an electronic device that is capable of being permanently implanted in an animal and that is designed to record information in a manner that can be electronically retrieved; microchipped or to microchip—an animal is microchipped if a microchip is implanted in the animal; occupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises; own a dog—see section 5; park means a park, garden, reserve or other similar public open space, or a foreshore area, within the area of a council; patrol dog means a dog that, under the control of a person, patrols premises for the purpose of guarding or protecting a person or property at those premises; premises includes— (a) land; (b) a part of any premises or land; prescribed breed means any of the following breeds: (a) American Pit Bull Terrier; (b) Fila Braziliero; (c) Japanese Tosa; (d) Dogo Argentina; (e) Presa Canario; private place means a place that is not a public place; public place means a place to which the public has access (whether an admission fee is charged or not); public passenger vehicle means a vehicle or vessel used for the purpose of carrying passengers for hire or reward; registration disc means a disc, badge, tag or other device issued or to be issued in respect of a dog registered under this Act; registration fee—see section 26(6); responsible for the control of a dog—see section 6; sale or sell includes— (a) auction, barter or exchange; or (b) offer for sale, auction, barter or exchange; or (c) cause or permit to be offered for sale, auction, barter or exchange; or (d) possess for the purposes of sale, auction, barter or exchange; stock inspector means a person appointed as an inspector under the Livestock Act 1997; unidentified cat means a cat that— (a) is not microchipped; and (b) is not identified in the manner set out in section 42C; and (c) is not identified in the manner set out in the regulations; veterinarian has the same meaning as in the Veterinary Services Act 2023; wandering at large in relation to a dog—see section 7; working livestock dog means a dog— (a) usually kept, proposed to be kept or worked on rural land by a person who is— (i) a primary producer; or (ii) engaged or employed by a primary producer; and (b) kept primarily for the purpose of herding, droving, protecting, tending or working stock, or training for herding, droving, protecting, tending or working stock. 5—Owner of dog or cat (1) In proceedings for an offence against this Act, if it appears from a register under this Act or a corresponding law that a dog or cat was registered at or before the time of the alleged offence, the person in whose name the dog or cat was last registered in that register will be taken to have owned the dog or cat at the time of the alleged offence unless it is proved that the dog or cat was subsequently (but before that time) registered in the name of another person in another register under this Act or a corresponding law. (2) In proceedings for an offence against this Act, if a dog or cat (whether registered or unregistered) is shown to have been habitually in the apparent ownership of a person, that person will, in the absence of proof to the contrary, be taken to have owned and to continue to own the dog or cat. 6—Person responsible for control of dog or cat (1) For the purposes of this Act, a person is responsible for the control of a dog or cat while the person has possession or control of the dog or cat. (2) In proceedings for an offence against this Act, if it is proved that immediately before the alleged offence the dog or cat was in company with or had been seen continuously and closely following a person, the person will, in the absence of proof to the contrary, be taken to have had possession or control of the dog or cat at the time of the alleged offence. (3) In proceedings for an offence against this Act, an occupier of premises in which a dog or cat was kept or permitted to live at the time of the alleged offence will be taken to have had possession or control of the dog or cat at that time unless it is proved that another person of or over 16 years of age had possession or control of the dog or cat at that time. 7—Dog wandering at large (1) For the purposes of this Act, a dog will be taken to be wandering at large while— (a) the dog is in a public place (other than a park) or a private place without the consent of the occupier, and no person is exercising effective control of the dog by means of physical restraint; or (b) the dog is in a park and no person is exercising effective control of the dog either— (i) by means of physical restraint; or (ii) by command, the dog being in close proximity to the person and the person being able to see the dog at all times. (2) However a dog will not be taken to be wandering at large while— (a) the dog is being used in the droving or tending of stock or is going to or returning from a place where it will be, or has been, so used; or (b) the dog is being trained for, or participating in, an organised activity being a race, trial, class or show or in retrieving, hunting or other sporting exercise customarily involving the running of one or more dogs; or (c) the dog is in a vehicle. 8—Meaning of effective control of dog by means of physical restraint For the purposes of this Act, a person is exercising effective control of a dog by means of physical restraint if— (a) the person is exercising effective control of the dog by means of a chain, cord or leash that does not exceed 2 metres in length restraining the dog; or (b) the person has effectively secured the dog— (i) by placing it in a cage, vehicle or other object or structure; or (ii) by tethering it to a fixed object by means of a chain, cord or leash that does not exceed 2 metres in length. 9—Non-application of Act to certain dogs owned by Crown This Act does not apply in relation to a dog owned by or on behalf of the Crown (in right of the Commonwealth or the State) and used for security, emergency or law enforcement purposes.