Part 4BDesexing

Part 4B—Desexing 42D—Application of Part This Part does not apply in relation to working livestock dogs. 42E—Certain dogs and cats to be desexed (1) The owner of a dog or cat must ensure that the dog or cat is desexed 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—$750; (3) However, this section does not apply to, or in relation to— (a) an animal welfare organisation; or (b) except in relation to a dog that is of a prescribed breed—a person registered as a breeder under Part 7; or (c) a dog or cat that is not usually kept within the State. (4) Without limiting the regulations that may be made for the purposes of this section, the regulations may— (a) prescribe a period (whether by reference to the age of an animal or the sale of an animal or otherwise) within which dogs and cats must be desexed; and (b) prescribe a minimum or maximum age at which dogs and cats may be required to be desexed; and (c) prescribe requirements relating to who can desex 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). 42F—Further offence if certain dogs and cats not desexed following offence against section 42E (a) a person is found guilty of, or expiates, an offence against section 42E; and (b) the person refuses or fails without reasonable excuse to have the dog or cat to which the offence relates desexed, 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 desexed. (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 desex the dog or cat is otherwise authorised under this or any other Act.