Part 4AMicrochipping and other identification

Part 4A—Microchipping and other identification 42A—Dogs and cats to be microchipped (1) The owner of a dog or cat must ensure that the dog or cat is microchipped in accordance with any requirements set out in the regulations. (2) An owner of a dog or cat who contravenes subsection (1) is guilty of an offence. (a) if the dog is a dog of a prescribed breed, or an attack trained dog, guard dog or patrol dog—$5 000; (a) if the dog is a dog of a prescribed breed, or an attack trained dog, guard dog or patrol dog—$750; (3) Subsection (1) does not apply to, or in relation to— (a) an animal welfare organisation (other than in relation to a guard dog or patrol dog owned by an animal welfare organisation); or (b) a person or body detaining a dog or cat that has been seized under this Act; or (c) a dog or cat that is not usually kept within the State. (4) In proceedings for an offence against this section, it is a defence for the defendant to prove that he or she believed on reasonable grounds that the dog or cat had, in fact, been microchipped. (5) Without limiting the regulations that may be made for the purposes of this section, the regulations may— (a) prescribe a period or periods (whether by reference to the age of an animal or the sale of an animal or otherwise) within which dogs and cats must be microchipped; and (b) prescribe a minimum or maximum age at which dogs and cats may be required to be microchipped; and (c) prescribe requirements relating to who can microchip a dog or cat; and (d) exempt a person or body, or dog or cat, of a specified class from the operation of this section (whether conditionally or unconditionally). (6) Nothing in this section limits the operation of section 42C. 42B—Further offence if certain dogs and cats not microchipped following offence against section 42A (a) a person is found guilty of, or expiates, an offence against section 42A; and (b) the person refuses or fails without reasonable excuse to have the dog or cat to which the offence relates microchipped, the person is guilty of a further offence for each period of 3 months after the day on which the person is found guilty or expiates the offence (as the case requires) during which the dog or cat is not microchipped. (2) Subsection (1) does not apply to a person to the extent that they are complying with an order of a court that is inconsistent with that subsection, or that the refusal or failure to microchip the dog or cat is otherwise authorised under this or any other Act. 42C—Further requirements relating to identification of certain dogs and cats (1) This section applies to— (a) a dog or cat that is not required to be microchipped under this Act; and (b) a dog or cat that is required to be microchipped under this Act once it reaches a specified age or has been owned for a specified period, but has not yet reached that age or been owned for that period, but does not apply to a dog or cat of a class declared by the regulations to be excluded from the operation of this section. (2) The owner of a dog or cat to which this section applies must ensure that the dog or cat (as the case requires), at all times while the dog or cat is not effectively confined to premises of which the person is the occupier, wears a collar around its neck to which is attached— (a) if the dog or cat is required to be registered under this Act—the registration disc last issued for the dog or cat; and (b) in any case—a tag legibly setting out— (i) the name of the owner of the dog or cat, or of a person entitled to possession of the dog or cat; and (ii) either— (A) the address of the owner or other person; or (B) the telephone number of the owner or other person. Expiation fee: $170. (3) In proceedings for an offence against subsection (2), it is a defence for the defendant to prove that the dog or cat was, at the relevant time, suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to its health.