Dog and Cat Management Act 1995
Part 4Registration
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Part 4—Registration 33—Dogs must be registered (1) Every dog of or over 3 months of age must be registered under this Act. (2) If a dog of or over 3 months of age is unregistered, any person who owns or is responsible for the control of the dog is guilty of an offence. (3) If a person is guilty of an offence by reason of a dog being unregistered, the person is guilty of a further offence for each 14 days that the offence continues. (4) A person is not guilty of an offence against this section by reason of the fact that the dog is unregistered if— (a) less than 14 days has elapsed since the person first owned or became responsible for the control of the dog; or (b) the dog— (i) is travelling with the person; and (ii) is not usually kept within the State; and (iii) is registered under a corresponding law or is usually kept outside Australia (but a person may not rely on this exception unless he or she has produced, at the request of an authorised person, satisfactory evidence of the matters specified in this subparagraph); or (c) the person is responsible for the control of the dog only by reason of the dog being temporarily boarded at a boarding kennel approved by the council in whose area the kennel is situated. (5) This section does not apply— (a) to a dog that has not been kept in any one area for more than 14 days in aggregate; or (b) to a dog while held in the custody of— (i) a police officer acting in that capacity; or (ii) a person acting under this or any other Act; or (iii) a person or body, or a person or body of a class, specified by the regulations. 34—Registration procedure for individual dogs (1) An application for registration of a dog— (a) must be made to the Registrar for the area in which the dog is (or is to be) usually kept in the manner and form approved by the Board; and (b) must nominate a person of or over 16 years of age who consents to the dog being registered in his or her name. (2) Subject to subsection (3), on application and payment of the registration fee and any fee for late payment of the registration fee, the Registrar must register the dog in the name of the person nominated and issue to that person a certificate of registration, and a registration disc, conforming with the requirements of the Board or the regulations. (3) The Registrar may refuse to register a dog under this section if satisfied that the dog is (or is to be) kept in a kennel or used for a purpose in connection with a business that should, in the opinion of the Registrar, be registered under section 35. (4) A dog registered in the name of a particular person must, on application to the Registrar of the area in which the dog is kept, be registered in the name of some other person who is of or over 16 years of age and consents to the dog being registered in his or her name. 35—Registration procedure for businesses involving dogs (1) The owner or operator of a business consisting of or involving— (a) a kennel at which dogs are bred or trained; or (b) the provision of security or other services involving the use of dogs, may apply, in the manner and form approved by the Board, to the Registrar of the area in which the business is (or is to be) situated or from which the business is (or is to be) operated for registration of the business. (2) On application and payment of the registration fee and any fee for late payment of the registration fee, the Registrar must, if satisfied that the applicant genuinely owns or operates a business as referred to in subsection (1), register the business and issue to the applicant a certificate of registration conforming with the requirements of the Board. (3) If a business is registered under this section, all dogs bred or trained at the kennel or used in connection with the business that are of or over 3 months of age will, while kept at the kennel or used in the business, be taken to be registered. 36—Duration and renewal of registration (1) Registration under this Act remains in force until 30 June next ensuing after registration was granted and may be renewed from time to time for further periods of 12 months. (2) If an application for renewal of registration is made before 31 August of the year in which the registration expired, the renewal operates retrospectively from the date of expiry. (3) Registration of a dog under this Act expires if the dog is removed from the area in which it is registered with the intention that it will be usually kept at a place outside that area and 14 days have elapsed since it was removed from that area.1