Part 8Miscellaneous

Part 8—Miscellaneous 73—Sharing of information between Board and councils etc (1) This section applies to the following persons and bodies: (a) the Board; (b) a council; (c) an authorised person; (d) the Department; (e) a person or body to whom functions related to the administration, operation or enforcement of the Animal Welfare Act 1985 are delegated; (f) any other person or body, or person or body of a class, prescribed by the regulations. (2) Despite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirements set out in the regulations, provide information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient— (a) to perform functions under this Act; or (b) to manage any risk of harm to a dog or cat, or to dogs and cats generally (whether in this State or in another jurisdiction). (3) Despite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction. (4) Information or documents may be provided under this section whether or not the provider has been requested to provide the information or documents. (5) In this section— Department means the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act. 80A—Board may grant exemptions from Act (1) The Board may, by notice in writing, on application or on its own initiative, exempt a person or body from the operation of a specified provision or provisions of this Act. (2) An application must— (a) be made in a manner and form determined by the Board; and (b) be accompanied by such documentation and information as the Board may reasonably require; and (c) be accompanied by the fee fixed by the Board. (3) An exemption— (a) may be granted or refused at the discretion of the Board; and (b) may operate indefinitely or for a period specified in the instrument of exemption; and (c) is subject to any conditions specified in the instrument of exemption. (4) The Board may, by notice in writing, vary, revoke or add a condition of an exemption. (5) The Board may, in its discretion, revoke an exemption for a contravention of a condition of the exemption, or for any other reason it thinks fit. 81—Assistance dogs (1) Despite this Act or any other Act— (a) a person who is wholly or partially blind or deaf, or otherwise disabled, is entitled to be accompanied by an accredited assistance dog in a public place or public passenger vehicle; and (b) the occupier or person in charge of a public place or public passenger vehicle must not refuse access to the place or vehicle to a person who is wholly or partially blind or deaf, or otherwise disabled, on the ground that the person is accompanied by an assistance dog. (2) A person must not claim that a dog is an assistance dog unless the dog— (a) is accredited as an assistance dog under section 21A; or (b) is an assistance animal (within the meaning of the Disability Discrimination Act 1992 of the Commonwealth. 81A—Interference with dog or cat in lawful custody A person who interferes with, releases, or removes from lawful custody a dog or cat seized or detained under this Act is guilty of an offence. 81B—Offence to interfere with identification of dog or cat A person must not, without reasonable excuse, interfere with or remove— (a) a microchip; or (b) any other form of identification worn by or attached to a dog or cat, (whether or not the microchip or other identification is required under this Act). 82—False or misleading statements A person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in information provided, or a record kept, under this Act. (a) if the person made the statement knowing that it was false or misleading—$10 000; (b) in any other case—$2 500. 83—No liability for action taken under Act (1) A person incurs no civil or criminal liability by reason only of action lawfully taken in respect of a dog or cat under this Act. (2) Without limiting a provision of the Animal Welfare Act 1985, for the purposes of this section, a reference to action taken lawfully under this Act includes, in the case of the operation of Part 5A, a reference to any injury or harm caused to a dog or cat in good faith and without negligence in the course of taking action under that Part. 85—Continuing offences (1) A person convicted of an offence against a provision of this Act (except section 33 or a provision of Part 4A or 4B) in respect of a continuing act or omission— (a) is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and (b) is, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for that offence. (2) Where an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement. 86—General defences It is a defence to a charge of an offence against this Act if it is proved— (a) that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence; or (b) if the offence involves a dog—that the dog was at the time of the alleged offence in the possession or control of another person without the defendant's consent. 88—Evidentiary provision In proceedings for an offence against this Act, an allegation in the information that— (a) a specified animal was a dog or cat (as the case requires); or (b) at a specified time a specified person owned or was responsible for the control of a specified dog or cat; or (c) a specified dog was a dog of a prescribed breed; or (d) a specified dog or cat was, or was not, at a specified time registered under this Act; or (e) a specified dog or cat was, or was not, at a specified time less than a specified age; or (f) a specified dog or cat was, or was not, at a specified time desexed; or (g) a specified dog or cat was, or was not, at a specified time microchipped; or (h) a specified person was, or was not, at a specified time the holder of a breeder's licence under Part 7; or (i) that a specified person was at a specified time an authorised person, will be accepted as proved in the absence of evidence to the contrary. 88A—Liability of vehicle owners in relation to transporting unrestrained dogs (1) In this section— owner, in relation to a vehicle, has the same meaning as in section 174A of the Road Traffic Act 1961; prescribed offence means an offence against section 45(1). (2) Without derogating from the liability of any other person, but subject to this section, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section. (3) The owner and driver of a vehicle are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner. (4) An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the council or authorised person specified in the notice, within the period specified in the notice, with a statutory declaration— (a) setting out the name and address of the driver; or (b) if he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee). (5) Before proceedings are commenced against the owner of a vehicle for an offence against this section involving the vehicle, the complainant must send the owner a notice— (a) setting out particulars of the alleged prescribed offence; and (b) inviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (6). (6) Subsection (5) does not apply to— (a) proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or (b) proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the driver of the vehicle. (7) Subject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove— (a) that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or (b) that the owner provided the complainant with a statutory declaration in accordance with an invitation under this section. (8) The defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular. (9) If— (a) an expiation notice is given to a person named as the alleged driver in a statutory declaration under this section; or (b) proceedings are commenced against a person named as the alleged driver in such a statutory declaration, the notice or summons (as the case may be) must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged driver. (10) In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the driver of the vehicle at the time at which the alleged offence was committed. (11) In proceedings against the owner or driver of a vehicle for an offence against this Act, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged. 89—Appropriation of penalties etc (1) A penalty for an offence against this Act that is recovered on an information laid by a council or an officer of a council must be paid to that council. (2) An amount paid pursuant to an expiation notice, or recovered on enforcement of an expiation notice, for an offence against this Act must be paid— (a) in the case of an expiation notice that was issued by a council or an officer of a council—to that council; (b) in any other case—into the Fund. 90—By-laws (1) A district or municipal council may make by-laws for the control or management of dogs or cats within its area. (2) Without limiting the generality of subsection (1), the by-laws may— (a) limit the number of dogs or cats that may be kept on any premises; (b) fix periods during which dogs or cats must be effectively confined to premises occupied by a person who is responsible for the control or entitled to the possession of the dog or cat; (c) require dogs or cats to be identified in a specified manner or in specified circumstances; (d) require dogs or cats to be effectively controlled, secured or confined in a specified manner or in specified circumstances; (da) set aside specified areas where dogs are prohibited or for specified activities relating to dogs to be carried out in a specified manner or in specified circumstances; (e) make provision for a registration scheme for cats (including payment of a fee for registration); (f) exempt (conditionally or unconditionally) classes of persons or activities from the application of the by-laws or specified provisions of the by-laws. (3) By-laws under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may provide that a matter or thing in respect of which by-laws may be made is to be determined according to the discretion of the council. (4) However, a by-law limiting the number of dogs or cats that may be kept on premises does not apply in relation to a kennel in respect of which a development authorisation is in force under the Development Act 1993 so as to prevent dogs or cats being kept as contemplated by that authorisation. (5) The Local Government Act 1999 applies to by-laws made under this section subject to the following modifications: (a) a council must, at least 42 days before resolving to make the by-law (and consequently at least 21 days before public notice of the proposed by-law is given) refer the proposed by-law to the Board; and (b) at the same time the council must provide a report to the Board— (i) outlining the objects of the proposed by-law; and (ii) setting out how it is proposed to implement or enforce the proposed by-law; and (iii) explaining the reasons for any difference in the proposed by-law from other by-laws about a similar subject matter applying or proposed to apply in other council areas; and (c) the council must consider any recommendations of the Board relating to the by-law. 90A—Review of Act (1) The Minister must cause a review of the operation of this Act (as amended by the Dog and Cat Management (Breeder Reforms) Amendment Act 2025) to be conducted within 6 months after the third anniversary of the commencement of this section. (2) The Minister must cause a report of the review under subsection (1) to be prepared and must, within 6 sitting days after receiving a report, cause a copy of the report to be laid before both Houses of Parliament. 91—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (1a) However, regulations cannot be made unless the Minister has given the Board notice of the proposal to make regulations and given consideration to any submission made by the Board within a period (of at least 21 days) specified by the Minister. (2) Without limiting the generality of subsection (1), the regulations may— (a) regulate the keeping and control of dogs or cats of a specified class; (b) prohibit the keeping of dogs or cats of a specified class in specified places or areas; (ba) set aside specified areas where dogs are prohibited or for specified activities relating to dogs to be carried out in a specified manner or in specified circumstances; (c) regulate the detention of dogs and cats seized under this Act; (d) fix fees to be paid in respect of any matter under this Act and regulate the recovery, refund, waiver or reduction of such fees; (e) exempt (conditionally or unconditionally) a specified person or class of persons, a specified area or areas of the State or a specified activity or class of activities from the application of this Act or specified provisions of this Act; (f) prescribe fines, not exceeding $5 000, for offences against the regulations; (g) fix expiation fees, not exceeding $750, for offences against this Act or the regulations; (h) provide for the facilitation of proof of the commission of offences against the regulations. (3) Regulations under this Act— (a) may be of general application or limited application; (b) may make different provision according to the matters or circumstances to which they are expressed to apply; (c) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Board, a council or a specified person or body; (d) make provisions of a saving or transitional nature consequent on the amendment of this Act or on the making of regulations under this Act. (3a) The Board and each council may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (4) The regulations may refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time. (5) If a code, standard or other document is referred to or incorporated in the regulations— (a) a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and (b) evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.