Domestic Animals Act 1994

74A Council contracted authorised officers may request name and address, ask questions 190

Division 3—Enforcement powers—domestic animal businesses and the keeping of GRV greyhounds 190

74AB Definition 190

74AC Entry and search powers to monitor compliance of domestic animal businesses and keeping of GRV greyhounds 191

74AD Application for search warrant under section 74AE 193

74AE Search warrant 193

74AF Seizure and samples of things not mentioned in the warrant 195

74AG Requirements for search warrants 196

74AH Application of Magistrates' Court Act 1989 197

74AI Announcement before entry 197

74AJ Details of warrant to be given to occupier 197

Division 4—Miscellaneous enforcement powers 198

74B Taking samples from dogs 198

74C Procedures for taking samples 200

75 Seizure of documents 200

75AA Copies of certain seized things to be given 201

75A Seizure of records of information recorded in permanent identification devices 202

75B Disposal of records seized under section 75A 203

75C Application of proceeds of sale 204

76 Offences relating to authorised officers 205

76A Notice to comply 206

Division 5—Enforcement powers—breeding restricted breed dogs 207

76B Requirement to make documents available for inspection 207

76C Approval of Secretary for search warrant 208

76D Search warrant for document connected with section 41EB offence 209

Part 7A—Powers to seize and dispose of dogs or cats and related matters 211

Division 2—Seizure of dogs or cats 211

78 Seizure of dangerous dogs 211

79 Seizure of restricted breed dogs 212

80 Seizure of dogs believed to be restricted breed dogs 213

81 Seizure of dog urged or trained to attack or having attacked 213

82 Seizure of unregistered dog or cat 214

82A Seizure of dog or cat from unregistered breeding domestic animal businesses 214

82B Seizure of dog or cat for certain offences 216

83 Seizure of dog or cat that does not comply with the registration requirements under Act 216

84 Seizure of dog or cat in certain circumstances 217

84A Seizure of cat without current identification 217

84B Seizure of dog or cat outside premises 217

84C Seizure of abandoned dog or cat 218

84CA Seizure of dog involved in suspected breeding offence 219

84D Seized dog or cat must be delivered up 219

84DA Person or body receiving dog or cat must take steps to identify owner 220

84DB Circumstances in which a dog or cat must be relinquished to a Council authorised officer 222

84DC Veterinary practitioners who receive a dog or cat may recover certain costs from the owner 223

84DD Veterinary practitioners and animal shelters must record and report on reunification of pets with owners 223

Division 3—Search warrants 225

84E Search warrants for dogs or cats 225

84EA Search warrant if restricted breed dog breeding offence suspected of being committed 226

84EB Search warrants under this Part 228

84F Announcement before entry 229

84G Details of warrant to be given to occupier 229

84GA Seizure of documents or things 230

Division 4—Steps to be taken after seizure of dog or cat 231

84H Identified owners must be served with notice of seizure 231

84I Notice of seizure 232

84J Custody of seized dogs or cats 232

84K Owners of dogs believed to be restricted breed dogs must be served with declaration 233

84L Custody of seized dogs believed to be restricted breed dogs 234

Division 5—Recovery of seized dog or cat 234

84M Recovery of dog or cat 234

84N Recovery of dog believed to be a restricted breed dog 236

Division 6—Disposal of seized dogs or cats 239

84O Power to sell or destroy dogs or cats seized under this Part 239

84P Further power to destroy dogs 240

84Q Prosecution of identified persons suspected of committing offences 242

84R Council may require owner of animal to provide current address 244

84S Council may destroy animals of non-identified dog owners suspected of committing an offence 244

84T Council must destroy dog believed to be a restricted breed dog if owner unknown 245

84TA Destruction of dog that is a danger to the public 246

84TB Immediate destruction of dog that may cause serious injury or death 248

84TC Destruction of declared dangerous dog found at large 248

84TD Disposal of forfeited dog or cat 250

84U Seized animal must be desexed before sold 250

84V Method of disposal of dogs or cats 250

84VA Recovery of costs for forfeited dogs or cats 251

Division 7—Court powers 252

84W Power of Court to make orders in relation to dogs and cats found outside owners' premises 252

84WA Power of Court to make orders prohibiting ownership of dogs or cats 252

84WAB Offence not to comply with order under section 84WA 253

84WC Order for bond or costs 253

84WD Order for disposal if bond or costs not paid 255

84WE Order for disposal if owner found guilty 256

84WF Order for disposal in certain circumstances 256

84WG Order for return of dog or cat 256

84X Power of Court to order payment of costs and disposal of dogs or cats 257

Division 7A—Disqualification of person from owning or being in charge or control of a dog 259

84XA Court may disqualify person from owning or being in charge or control of a dog 259

84XB Search warrant for failure to comply with court order 259

84XC Order under section 84XA may be suspended 260

84XD Person subject to order under section 84XA may apply for variation, suspension or revocation of order 261

84XE Power of Magistrates' Court to vary etc. order under section 84XA 261

84XF Person may not make another application for variation, suspension or revocation of order for 12 months 262

84XG Orders under section 84XA are to operate consecutively 262

84XH Person must comply with order under section 84XA 262

Division 8—General 263

84Y Agreements to seize, receive, retain or dispose of dogs or cats 263

84Z Offences relating to seized cats or dogs 263

84ZA Offence to unlawfully seize or destroy a dog or cat 264

Part 7B—Infringement notices 265

85 Power to serve infringement notice 265

88 Penalties to be paid for offences under infringement notices 267

Part 7C—Provisions relating to enforcement and court proceedings 268

Division 1—Provisions related to court proceedings 268

91 Liability of officers of bodies corporate for offences 268

92 Power to file charge-sheets under this Act 268

93 Service of documents 269

94 Evidentiary provisions 269

95 Payment of fines 270

95A Extended period to prosecute offence 270

Division 2—Supplementary offences 271

96 Offence to sell certain animals outside certain places 271

97 False information 272

Part 7D—Review of decisions by Victorian Civil and Administrative Tribunal 273

98 Review of decisions by Victorian Civil and Administrative Tribunal 273

98AAA Order for costs of retaining restricted breed dog in custody 276

98AA Review of decisions made under Part 4A 276

Part 7E—Identification of restricted breed dogs 278

98A Power of authorised officers to make declarations as to breed of dogs 278

98B Service of notice of declaration 279

98C Application of certain offences at the time of the making of a declaration 279

Part 7F—Animal Welfare Fund 281

98D Animal Welfare Fund 281

98E Payments into the Fund 281

98F Investment of money in the Fund 281

98G Payment of money out of the Fund 281

Part 8—General 282

99 Supreme Court—Limitation of Jurisdiction 282

100 Regulations 282

100A Council must give information to Secretary 289

100B Offence to disclose information 290

100C Permitted disclosures 291

100D Disclosure of information by Councils 291

Part 9—Repeals and transitional provisions 292

101 Repeal of Dog Act 292

102 Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007 292

103 Transitional provisions—Animals Legislation Amendment (Animal Care) Act 2007 293

104 Transitional provision—Primary Industries Legislation Amendment Act 2009 293

105 Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010 294

105A Transitional provision—Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017 295

106 Transitional provision—Primary Industries Legislation Amendment Act 2012 295

107 Transitional provision—Domestic Animals Amendment (Reuniting Pets and Other Matters) Act 2022 296

Schedule 297

Registration fees 297

Endnotes 299

1 General information 299

2 Table of Amendments 301

3 Explanatory details 308

Version No. 090

Domestic Animals Act 1994

No. 81 of 1994

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1—Preliminary

1 Purpose

The purpose of this Act is to promote animal welfare, the responsible ownership of dogs and cats and the protection of the environment by providing for—

(a) a scheme to protect the community and the environment from feral and nuisance dogs and cats; and

(b) a registration and identification scheme for dogs and cats which recognises and promotes responsible ownership; and

S. 1(c) substituted by No. 65/2007 s. 4(a).

(c) the identification and control of dangerous dogs, menacing dogs and restricted breed dogs; and

(d) a registration scheme for domestic animal businesses which promotes the maintenance of standards of those businesses; and

S. 1(da) inserted by No. 69/2017 s. 4.

(da) the regulation of matters relating to the breeding and sale of dogs and cats; and

S. 1(db) inserted by No. 69/2017 s. 4.

(db) the registration of foster carers for certain purposes; and

(e) matters related to the boarding of dogs and cats; and

S. 1(ea) inserted by No. 65/2007 s. 4(b).

(ea) the regulation of the permanent identification of dogs, cats, horses and other animals; and

S. 1(f) amended by No. 74/2000 s. 3(Sch. 1 item 36.1).

(f) payments to the Treasurer from fees received by Councils under this Act; and

(g) other related matters.

2 Commencement

(1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation within the period of 24 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

3 Definitions

(1) In this Act—

S. 3(1) def. of Admini-strative Appeals Tribunal repealed by No. 52/1998
s. 311(Sch. 1 item 21.1).

S. 3(1) def. of animal registry licence inserted by No. 65/2007 s. 5(2)(a).

animal registry licence means a licence granted under section 63K;

S. 3(1) def. of animal registry service inserted by No. 65/2007 s. 5(2)(a), amended by No. 44/2010 s. 3(1).

animal registry service means a service of keeping and maintaining records relating to a prescribed class of animal that, in relation to each animal about which records are kept and maintained—

(a) contain identifying information about the animal and the owner of the animal; and

(b) are referenced to the animal through information contained in a permanent identification device implanted in the animal; and

(c) are not records maintained by a Council for the purposes of registration under Part 2; and

(d) are not records kept and maintained solely for the purpose of tracing the pedigree lineage of an animal of a prescribed class of animal;

S. 3(1) def. of animal sale permit inserted by No. 69/2017 s. 5(4).

animal sale permit means an animal sale permit issued under section 58N(1);

S. 3(1) def. of animal shelter amended by No. 75/2011 s. 3(1), substituted by No. 69/2017 s. 5(1).

animal shelter means any premises maintained for the purpose of providing temporary care or finding new homes for stray, abandoned or unwanted dogs or cats, but does not include premises on which foster care is being provided;

S. 3(1) def. of Animal Welfare Fund inserted by No. 75/2011 s. 3(3).

Animal Welfare Fund means the Animal Welfare Fund established under Part 7F;

S. 3(1) def. of applicable organisation substituted by Nos 87/2000 s. 4(a), 69/2017 s. 5(8).

applicable organisation means an organisation that is the holder of an applicable organisation approval;

S. 3(1) def. of applicable organisation approval inserted by No. 69/2017 s. 5(9).

applicable organisation approval means an approval under section 5A(1), including an approval that is renewed under section 5C;

S. 3(1) def. of approved commercial dog breeder inserted by No. 69/2017 s. 5(9).

approved commercial dog breeder means a person who has a commercial dog breeder approval;

S. 3(1) def. of approved dog obedience training organisation inserted by No. 69/2017 s. 5(5).

approved dog obedience training organisation means an organisation that holds a dog obedience training organisation approval;

S. 3(1) def. of authorised implanter inserted by No. 103/2003 s. 3(a).

authorised implanter means a person—

(a) who is qualified in accordance with section 63T; and

(b) who is not a prohibited implanter;

S. 3(1) def. of authorised officer substituted by No. 103/2003 s. 3(b), amended by No. 42/2021 s. 53(2).

authorised officer means a person appointed as an authorised officer under section 71, 71A, 72, 72A or 72B;

board in relation to a dog or cat, means the taking of custody or possession of the dog or cat for keeping, accommodation, care, training or feeding for fee or reward;

S. 3(1) def. of breeding domestic animal business inserted by No. 75/2011 s. 3(3), amended by No. 69/2017 s. 5(7).

breeding domestic animal business means a domestic animal business to which paragraph (b) or (c) of the definition of domestic animal business applies;

S. 3(1) def. of business code of practice inserted by No. 17/2016 s. 13(2).

business code of practice means a code of practice made under section 59;

S. 3(1) def. of caged bird sale inserted by No. 69/2017 s. 5(4).

caged bird sale means an event conducted over a day or days at which caged birds are sold;

S. 3(1) def. of chief veterinary officer inserted by No. 69/2017 s. 5(9).

chief veterinary officer has the same meaning as in the Meat Industry Act 1993;

S. 3(1) def. of commercial dog breeder approval inserted by No. 69/2017 s. 5(9).

commercial dog breeder approval means an approval under section 58AA;

S. 3(1) def. of community foster care network inserted by No. 75/2011 s. 3(3).

community foster care network means an organisation that—

(a) arranges temporary housing for cats or dogs in private residential premises instead of other premises; and

(b) seeks permanent housing for the dogs or cats;

S. 3(1) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 26).

Council has the same meaning as in the Local Government Act 2020;

S. 3(1) def. of Council authorised officer inserted by No. 69/2017 s. 5(3).

Council authorised officer means a person appointed as an authorised officer under section 72;

S. 3(1) def. of Council contracted authorised officer inserted by No. 69/2017 s. 5(3).

Council contracted authorised officer means a person appointed as an authorised officer under section 72A;

S. 3(1) def. of Council land inserted by No. 30/2022 s. 46.

Council land means—

(a) land owned or managed by a Council; or

Examples

Parks and road reserves.

(b) roads and public highways that a Council has the care and management of under section 205 of the Local Government Act 1989;

S. 3(1) def. of dangerous dog substituted by No. 87/2000 s. 4(b).

dangerous dog means—

(a) a dog which has been declared to be dangerous by a Council under Part 3;

(b) a dog which by virtue of the operation of section 34A is a dangerous dog;

S. 3(1) def. of declared bird organisation inserted by No. 69/2017 s. 5(4).

declared bird organisation means an organisation that is declared to be a declared bird organisation under section 58T;

S. 3(1) def. of Department substituted by No. 46/1998
s. 7(Sch. 1), amended by Nos 56/2003 s. 11(Sch. item 6.1), 70/2013 s. 4(Sch. 2 item 11.1), 69/2017 s. 5(6), 3/2022 s. 10(1).

Department means the Department of Jobs, Precincts and Regions;

S. 3(1) def. of Departmental authorised officer inserted by No. 69/2017 s. 5(3).

Departmental authorised officer means a person appointed as an authorised officer under section 71;

S. 3(1) def. of desexing inserted by No. 44/2010 s. 3(3).

desexing in relation to a dog or cat means a surgical procedure to remove all or part of the reproductive organs of the dog or cat to prevent it breeding and to prevent or eliminate secondary sexual behaviours;

S. 3(1) def. of dog obedience training organisation approval inserted by No. 69/2017 s. 5(5).

dog obedience training organisation approval means an approval under section 5B(1), including an approval that is renewed under section 5C;

S. 3(1) def. of domestic animal business amended by Nos 87/2000 s. 4(c), 76/2005 s. 3, 44/2010 s. 3(2), 75/2011 s. 3(2), 71/2014 s. 12(a), 17/2016 s. 13(1), substituted by No. 69/2017 s. 5(2).

domestic animal business means—

(a) an animal shelter, Council pound or pet shop; or

(b) an enterprise which carries out the breeding of dogs (other than GRV greyhounds) to sell, if the enterprise has 3 or more fertile female dogs and the proprietor is not a recreational breeder; or

(c) an enterprise which carries out the breeding of cats to sell, if the enterprise has 3 or more fertile female cats and the proprietor is not a recreational breeder; or

(d) an enterprise which trains or boards dogs (other than GRV greyhounds) or cats for the purpose of profit; or

(e) an enterprise which rears or keeps dogs (other than GRV greyhounds) or cats—

(i) for the purpose of profit or sale; or

(ii) for a fee or for exchange of services;

S. 3(1) def. of domestic animals registry licence inserted by No. 103/2003 s. 3(a), repealed by No. 65/2007 s. 5(2)(b).

S. 3(1) def. of domestic animals registry service inserted by No. 103/2003 s. 3(a), repealed by No. 65/2007 s. 5(2)(c).

S. 3(1) def. of farm working dog inserted by No. 69/2017 s. 5(3).

farm working dog means a dog that herds, droves, protects, tends or works stock on land used solely or primarily for primary production;

S. 3(1) def. of farmer inserted by No. 69/2017 s. 5(3).

farmer means a person engaged in primary production whose primary source of income is from that primary production;

S. 3(1) def. of foster care inserted by No. 69/2017 s. 5(3).

foster care means the care of a stray, abandoned or unwanted dog or cat (whether or not as part of a community foster care network) that is temporary or for the purpose of finding a new home for the dog or cat and that takes place on premises on which the care is being provided to no more than—

(a) 5 dogs or animal adult equivalent dogs; or

(b) 5 cats or animal adult equivalent cats; or

(c) a combination of 5 dogs and cats or animal adult equivalent dogs and cats;

S. 3(1) def. of foster carer registration inserted by No. 69/2017 s. 5(3).

foster carer registration means a registration under section 68B, including a registration that is renewed under section 68D;

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 42/2021 s. 53(1).

Great Ocean Road coast and parks has the same meaning as in section 3 of the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 53(1).

Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road Coast and Parks Authority authorised officer inserted by No. 42/2021 s. 53(1).

Great Ocean Road Coast and Parks Authority authorised officer means a person appointed under section 72B;

S. 3(1) def. of greyhound code of practice inserted by No. 17/2016 s. 13(2).

greyhound code of practice means a code of practice made under section 63AC;

S. 3(1) def. of Greyhound Racing Victoria inserted by No. 17/2016 s. 13(2).

Greyhound Racing Victoria has the same meaning as in Division 2 of Part III of the Racing Act 1958;

S. 3(1) def. of GRV greyhound inserted by No. 17/2016 s. 13(2).

GRV greyhound means a greyhound registered with Greyhound Racing Victoria except a greyhound that has—

(a) gone through a greyhound adoption program operated by Greyhound Racing Victoria; or

(b) been retired from the industry and is being kept in the community as a pet by a person who is not registered by Greyhound Racing Victoria as a greyhound racing participant;

S. 3(1) def. of implant inserted by No. 103/2003 s. 3(a).

implant includes insert;

S. 3(1) def. of information register inserted by No. 69/2017 s. 100.

information register means the register established and maintained under section 68M;

S. 3(1) def. of keeping inserted by No. 17/2016 s. 13(2).

keeping in relation to a GRV greyhound, includes any one or more of the following activities—

(a) the breeding of a GRV greyhound;

(b) the rearing of a GRV greyhound;

(c) the training of a GRV greyhound;

(d) the breaking of a GRV greyhound;

(e) the racing of a GRV greyhound;

(f) the boarding of a GRV greyhound;

(g) any other activity that involves the care of a GRV greyhound;

The breaking of a greyhound involves teaching the greyhound to jump from a starting box and to chase a lure.

S. 3(1) def. of laceration inserted by No. 65/2007 s. 5(1)(a).

laceration means a wound caused by—

(a) the tearing of body tissue; or

(b) multiple punctures caused by more than one bite from a dog;

S. 3(1) def. of local law amended by No. 9/2020 s. 390(Sch. 1 item 26).

local law means a local law made under the Local Government Act 2020;

S. 3(1) def. of menacing dog
inserted by No. 87/2000 s. 4(e).

menacing dog means a dog which has been declared to be a menacing dog by a Council under Part 3;

S. 3(1) def. of microbreeder inserted by No. 69/2017 s. 5(3).

microbreeder means—

(a) a person who carries out the breeding of dogs to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female dogs; or

(b) a person who carries out the breeding of cats to sell, who is not a member of an applicable organisation, if the person has no more than 2 fertile female cats;

S. 3(1) def. of municipal district amended by No. 9/2020 s. 390(Sch. 1 item 26).

municipal district has the same meaning as in the Local Government Act 2020;

S. 3(1) def. of notice of seizure inserted by No. 65/2007 s. 5(1)(a).

notice of seizure means a notice under section 84I;

owner in respect of a dog or cat, includes a person who keeps or harbours the animal or has the animal in his or her care for the time being whether the animal is at large or in confinement;

S. 3(1) def. of permanent identification device inserted by No. 103/2003 s. 3(a), amended by No. 65/2007 s. 5(2)(d).

permanent identification device means a microchip or other electronic device that is capable of being permanently implanted in an animal of a prescribed class of animal and that is designed to record information in a manner that can be electronically retrieved;

S. 3(1) def. of pet shop substituted by No. 87/2000 s. 4(d).

pet shop means a shop—

(a) situated in a permanent location; and

(b) open not less than 5 days a week, excluding a public holiday appointed under the Public Holidays Act 1993; and

(c) where a dog, cat, rabbit, guinea pig, mouse, reptile, caged bird or any other similar animal of a class or kind prescribed by the regulations is offered for sale, sold or bought and sold;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 46.1).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3(1) def. of pound amended by No. 76/2005 s. 3.

pound means any premises maintained for the purpose of impounding dogs or cats;

S. 3(1) def. of prescribed class of animal inserted by No. 65/2007 s. 5(2)(a).

prescribed class of animal means any of the following—

(a) dogs;

(b) cats;

(c) horses;

(d) a class of animal prescribed by the regulations;

S. 3(1) def. of prescribed identifying information inserted by No. 103/2003 s. 3(a), substituted by No. 65/2007 s. 5(2)(e).

prescribed identifying information in relation to an animal of a prescribed class of animal, means information about the animal and the owner of the animal (within the meaning of Part 4A) the nature of which is prescribed;

S. 3(1) def. of prescribed permanent identification device inserted by No. 103/2003 s. 3(a).

prescribed permanent identification device means a permanent identification device that is of a class of permanent identification devices that is prescribed by the regulations;

S. 3(1) def. of primary production inserted by No. 69/2017 s. 5(3).

primary production means the maintenance of animals or poultry for the purpose of selling them or their natural increase or bodily produce;

S. 3(1) def. of prohibited implanter inserted by No. 103/2003 s. 3(a), amended by No. 65/2007 s. 5(2)(f).

prohibited implanter means a person who is prohibited by the Secretary from implanting permanent identification devices in animals of prescribed classes of animal under Division 4 of Part 4A;

proprietor in relation to a domestic animal business means the owner or occupier of the premises at which the business is conducted;

S. 3(1) def. of rateable property inserted by No. 69/2017 s. 5(3), amended by No. 9/2020 s. 390(Sch. 1 item 26).

rateable property has the same meaning as in section 3 of the Local Government Act 2020;

S. 3(1) def. of recognised organisation inserted by No. 83/2001 s. 9.

recognised organisation means an organisation declared to be a recognised organisation by the Minister under section 5A;

S. 3(1) def. of recreational breeder inserted by No. 69/2017 s. 5(3), substituted by No. 3/2022 s. 10(2).

recreational breeder means—

(a) a person who carries out the breeding of dogs to sell—

(i) who is registered with an applicable organisation as a breeding member; and

(ii) who has no more than 10 fertile female dogs all of which are registered with the applicable organisation; or

(b) a person who carries out the breeding of cats to sell—

(i) who is registered with an applicable organisation as a breeding member; and

(ii) who has no more than 10 fertile female cats all of which are registered with the applicable organisation;

S. 3(1) def. of registered foster carer inserted by No. 69/2017 s. 5(3).

registered foster carer means a person who holds a foster carer registration;

S. 3(1) def. of relevant Council inserted by No. 69/2017 s. 5(9).

relevant Council, in relation to a domestic animal business, means the Council of the municipal district in which the premises is situated on which the domestic animal business is being or is proposed to be conducted;

S. 3(1) def. of relevant fertile female dog inserted by No. 69/2017 s. 5(3).

relevant fertile female dog means a female dog, 12 months of age or more, that has not been rendered permanently infertile;

S. 3(1) def. of restricted authorised officer inserted by No. 69/2017 s. 5(3).

restricted authorised officer means a person appointed as an authorised officer under section 71A;

S. 3(1) def. of restricted breed dog inserted by No. 83/2001 s. 9, substituted by No. 44/2010 s. 3(4), amended by No. 71/2014 s. 12(b).

restricted breed dog means a dog that is any one of the following breeds—

(a) Japanese Tosa;

(b) fila Brasileiro;

(c) dogo Argentino;

(d) Perro de Presa Canario (or Presa Canario);

(e) American Pit Bull Terrier (or Pit Bull Terrier);

S. 3(1) def. of rush at inserted by No. 87/2000 s. 4(e).

rush at, in relation to a dog, means to approach a person to a distance of less than 3 metres in a menacing manner, displaying aggressive tendencies that may include snarling, growling and raised hackles;

S. 3(1) def. of scan inserted by No. 44/2010 s. 3(5).

scan means to pass a reader over the skin of an animal of a prescribed class of animal or a permanent identification device at a distance of no greater than 50 millimetres and at a sweep speed of no greater than 50 centimetres per second;

S. 3(1) def. of Secretary inserted by No. 103/2003 s. 3(a) (as amended by No. 108/2004 s. 117(1) (Sch. 3 item 12.1)).

Secretary means the person who is, for the time being, the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

S. 3(1) def. of sell inserted by No. 75/2011 s. 3(3).

sell has the same meaning as in the Wildlife Act 1975;

S. 3(1) def. of serious injury inserted by No. 65/2007 s. 5(1)(a).

serious injury means—

(a) an injury requiring medical or veterinary attention in the nature of—

(i) a broken bone; or

(ii) a laceration; or

(iii) a partial or total loss of sensation or function in a part of the body; or

(b) an injury requiring cosmetic surgery;

S. 3(1) def. of source number inserted by No. 69/2017 s. 100.

source number means a number issued under Division 3 of Part 5C;

S. 3(1) def. of subordinate instrument repealed by No. 65/2007 s. 5(1)(b).

vehicle includes a motor car, bus, bicycle, truck or motor cycle.

S. 3(1) def. of veterinary practitioner inserted by No. 103/2003 s. 3(a).

veterinary practitioner means a veterinary practitioner registered under the Veterinary Practice Act 1997.

S. 3(2) amended by Nos 46/1998
s. 7(Sch. 1), 56/2003 s. 11(Sch. item 6.2), 108/2004 s. 117(1) (Sch. 3 item 59.2), 70/2013 s. 4(Sch. 2 item 11.2), repealed by No. 3/2022 s. 10(3).

S. 3(3) inserted by No. 44/2010 s. 3(6), amended by No. 39/2011 s. 3(1).

(3) A dog that falls within an approved standard for a breed of dog specified in a paragraph of the definition of restricted breed dog is taken to be a dog of that breed.

S. 3(4) inserted by No. 39/2011 s. 3(2).

(4) For the purposes of subsection (3) an approved standard is a standard that has been approved by the Minister and published in the Government Gazette.

S. 3(5) inserted by No. 69/2017 s. 5(10).

(5) In this Act—

(a) a fertile female dog or cat and the litter of that dog or cat are taken as one animal adult equivalent if the offspring in the litter are with the dog or cat and are under 8 weeks old; and

(b) the offspring in a dog's or cat's litter are taken as one animal adult equivalent if the offspring are not with the dog or cat and are under 16 weeks old.

S. 3(6) inserted by No. 69/2017 s. 5(10).

(6) For the purpose of paragraph (b) of the definition of domestic animal business, a farmer is not to be taken to be conducting a domestic animal business in respect of any fertile female dog that the farmer has that—

(a) is primarily being kept or worked by the farmer as a farm working dog; or

(b) is primarily being trained to be a farm working dog by the farmer.

S. 4
amended by Nos 87/2000 s. 5, 29/2012 s. 10.

4 Parent or guardian deemed to be owner

Where the owner of a dog or cat is under the age of 18 years, for the purposes of this Act, the parent or guardian of that person is deemed to be the owner.

S. 5
amended by No. 87/2000 s. 6 (ILA s. 39B(1)).

5 Governor in Council exemptions

S. 5(1) amended by No. 3/2022 s. 11(2).

(1) The Governor in Council may by order published in the Government Gazette exempt—

(a) any animal or class of animal; or

S. 5(1)(ab) inserted by No. 3/2022 s. 11(1).

(ab) any person or class of person; or

(b) any domestic animal business or class of domestic animal business—

from the operation of all or any of the provisions of this Act or the regulations.

S. 5(2) inserted by No. 87/2000 s. 6.

(2) The Governor in Council may impose conditions on an exemption that the Governor in Council considers to be appropriate in the circumstances.

S. 5(3) inserted by No. 3/2022 s. 11(3).

(3) An order under this section may apply, adopt or incorporate any matter contained in any document, standard, code of practice, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(a) wholly or partially or as amended by the order; or

(b) as formulated, issued, prescribed or published at the time the order is made or at any time before then.

S. 5(4) inserted by No. 3/2022 s. 11(3).

code of practice means any of the following—

(a) a business code of practice;

(b) a greyhound code of practice;

(c) a Code of Practice made under section 7 of the Prevention of Cruelty to Animals Act 1986.

S. 5A (Heading) inserted by No. 83/2001 s. 10(1).

S. 5A
inserted by No. 87/2000 s. 7.

5A Applicable organisations and recognised organisations

S. 5A(1) amended by No. 69/2017 s. 6(1)(a).

(1) The Minister may approve an organisation as an applicable organisation, by notice published in the Government Gazette, if—

S. 5A(1)(a) amended by No. 69/2017 s. 6(1)(b).

(a) the organisation has applied to the Minister to be approved as an applicable organisation; and

(b) the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines; and

(c) the organisation does not represent owners of dogs of a breed whose importation into Australia is prohibited under the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth.

S. 5A(1AA) inserted by No. 8/2014 s. 3, repealed by No. 69/2017 s. 6(2).

S. 5A(1A) inserted by No. 83/2001 s. 10(2).

(1A) The Minister may declare, by notice published in the Government Gazette, that an organisation is a recognised organisation if—

S. 5A(1A)(a) amended by No. 69/2017 s. 6(3).

(a) the organisation has applied to the Minister to be declared a recognised organisation in accordance with subsection (2); and

(b) the organisation represents the owners of restricted breed dogs; and

(c) the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines.

S. 5A(2) amended by Nos 83/2001 s. 10(3), 69/2017 s. 6(4).

(2) An application to be a recognised organisation must include—

(a) a copy of the organisation's annual report of the preceding year; and

(b) the organisation's code of ethics and details of how the code is enforced; and

(c) the outcome of any disciplinary action taken by the organisation for breaches of the ethics code during the preceding year; and

(d) any other information required by the Minister.

S. 5A(3) inserted by No. 69/2017 s. 6(5).

(3) An application for an applicable organisation approval—

(b) must include the organisation's code of ethics and details of how the code is enforced; and

(c) must include the outcome of any disciplinary action taken by the organisation for breaches of the code of ethics during the preceding year; and

(d) must include any other information required by the Minister; and

(e) must be accompanied by the prescribed application fee.

S. 5A(4) inserted by No. 69/2017 s. 6(5).

(4) In making a decision to give an applicable organisation approval, the Minister may consider any information included in or accompanying the application for the approval.

S. 5A(5) inserted by No. 69/2017 s. 6(5).

(5) An applicable organisation approval must specify the following—

(a) the period for which the approval is to remain in force, which must not exceed 3 years;

(b) the matters that must be set out in the report required by the condition in section 5D(b);

(c) any condition to which the Minister considers that the approval should be
subject.

S. 5A(6) inserted by No. 69/2017 s. 6(5).

(6) An applicable organisation approval remains in force until the earlier of—

(a) the period determined under subsection (5)(a); or

(b) the revocation of the approval.

S. 5B inserted by No. 69/2017 s. 7.

5B Approval of dog obedience training organisations

(1) For the purposes of this Act the Minister may approve an organisation to provide dog obedience training.

(2) The Minister may give an approval under subsection (1) if—

(a) the organisation has applied to the Minister in accordance with subsection (4); and

(b) the Minister is satisfied that—

(i) the organisation is established for the purpose of providing wide representation to the dog obedience training community; and

(ii) adequate dog obedience training in the prescribed matters is or will be provided by or on behalf of the organisation; and

(iii) the individuals who train or will train the dogs are adequately trained in the prescribed matters.

(3) In making a decision to approve an organisation the Minister may consider any information included in or accompanying the application for approval under this section.

(4) An application for approval under this section—

(b) must include any other information required by the Minister; and

(c) must be accompanied by the prescribed application fee.

(5) An approval under subsection (1) must specify the following—

(a) the period for which the approval is to remain in force, which must not exceed 3 years;

(b) the matters that must be set out in the report required by the condition in section 5D(b);

(c) any condition to which the Minister considers the approval should be subject.

(6) An approval under subsection (1) remains in force until the earlier of—

(a) the period determined by the Minister; or

(b) the revocation of the approval.

S. 5C inserted by No. 69/2017 s. 7.

5C Renewal of approval

(1) The holder of a dog obedience training organisation approval or applicable organisation approval may apply to the Minister for renewal of the approval.

(b) must include any other information required by the Minister; and

(c) must be accompanied by the prescribed application fee.

(3) An application under subsection (1) must be made at least 60 days (or any lesser period approved by the Minister) before the expiry of the approval period specified in the approval.

(4) The Minister may renew the approval if—

(a) in the case of a dog obedience training organisation approval, the Minister continues to be satisfied of the matters set out in section 5B(2)(b); or

(b) in the case of an applicable organisation approval, the Minister continues to be satisfied of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

(5) In making a decision to renew an approval of an organisation under this section the Minister may consider any information included in or accompanying the application for renewal of approval under this section.

(6) The Minister must not renew the approval if the organisation has failed to submit any report as required by the condition in section 5D.

(7) A renewed approval under this section must specify the following—

(a) the period for which the renewed approval is to remain in force, which must not exceed 3 years;

(b) any conditions that apply to the renewed approval;

(c) the matters that must be set out in the report required by the condition in section 5D(b).

S. 5D inserted by No. 69/2017 s. 7.

5D Condition of approval that report submitted each year of approval

It is a condition of a dog obedience training organisation approval and an applicable organisation approval that the organisation must submit a report to the Minister by 31 July in each year that sets out—

(a) the prescribed matters; and

(b) any other matters specified by the Minister in the approval or renewed approval.

S. 5E inserted by No. 69/2017 s. 7.

5E Revocation of approval

The Minister may revoke a dog obedience training organisation approval or an applicable organisation approval if—

(a) the organisation has failed to submit a report required by the condition in section 5D; or

(b) in the case of a dog obedience training approval, the Minister is not satisfied of any of the matters set out in section 5B(2)(b); or

(c) in the case of an applicable organisation approval, the Minister is not satisfied of any of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

S. 5F inserted by No. 69/2017 s. 7.

5F Notice of and submissions on proposal to revoke or not renew approval

(1) If the Minister proposes to revoke a dog obedience training organisation approval or an applicable organisation approval, or proposes not to renew such an approval, before doing so the Minister must give notice in writing to the organisation stating—

(b) that the organisation may make submissions to the Minister on the proposal within the period specified in the notice.

(2) The holder of the approval may make written submissions to the Minister in relation to the proposal to revoke or not renew the approval within the period specified in the notice under subsection (1).

(3) The Minister must consider any submission made under subsection (2), before deciding to revoke the approval or not to renew the approval.

(4) The Minister must give written notice of the Minister's decision under this section to the relevant organisation.

(5) A decision by the Minister to revoke an approval under section 5E takes effect on the later of the following—

(a) on the day the notice under subsection (4) is given to the relevant organisation;

(b) on the date specified in that notice (if any).

S. 5G inserted by No. 14/2025 s. 21.

5G Surrender of approval by holder

(1) The holder of a dog obedience training organisation approval or an applicable organisation approval may by written notice surrender the approval to the Minister for cancellation.

(2) On receipt of the notice the Minister must notify the holder in writing that the dog obedience training organisation approval or applicable organisation approval is cancelled.

(3) The cancellation of the approval takes effect on—

(a) the date the notice is given to the holder; or

S. 6 amended by Nos 46/1998 s. 7(Sch. 1), 83/2001 s. 11, 69/2004 s. 22, 108/2004 s. 117(1) (Sch. 3 item 59.2), 44/2010 s. 4, 29/2012 s. 11, 8/2014 s. 4, substituted by No. 69/2017 s. 8.

6 Minister's power to delegate

The Minister may, in writing, delegate to any employee employed under the Public Administration Act 2004 in the administration of this Act, the powers and duties of the Minister—

S. 6(a) amended by No. 14/2025 s. 22.

(a) under section 5A, 5B, 5C, 5E, 5F or 5G; or

(b) to approve organisations under section 7; or

S. 6(ba) inserted by No. 3/2022 s. 12.

(ba) to declare an organisation as a declared bird organisation under section 58T; or

(c) to appoint Departmental authorised officers under section 71 or restricted authorised officers under section 71A; or

(d) to register a premises under section 58C, including imposing terms, conditions, limitations or restrictions on that registration, but not including any powers under section 58H in relation to the registration of a premises; or

(e) under Division 3B of Part 4.

S. 6A inserted by No. 44/2010 s. 5, substituted by No. 3/2022 s. 13.

6A Secretary's power to delegate

The Secretary may, in writing, delegate to any person, all or any of the Secretary's powers, duties or functions under this Act or the regulations.

7 Exemptions for guide dogs

(1) A visually impaired person or hearing impaired person who keeps and uses a dog as a guide dog is not liable for an offence under this Act in respect of that dog, where, in acting in the manner which would constitute the offence, the dog was performing its functions as a guide dog.

(2) In the case of a dog which is owned by an organisation which trains guide dogs and which is approved by the Minister, the owner is not liable for an offence under this Act in respect of that dog, where in acting in the manner which would constitute the offence, the dog was being trained as a guide dog.

(3) Despite Part 2—

(a) a visually impaired person or hearing impaired person who keeps and uses a dog as a guide dog is not required to pay a fee for the registration of that dog; or

(b) an organisation which trains guide dogs and which is approved by the Minister under subsection (2), is not required to pay a fee for the registration of a dog owned by the organisation which is being trained as a guide dog.

(4) Despite anything in any other Act or subordinate instrument a visually impaired person, hearing impaired person or person training a guide dog may, at all times and in all places, be accompanied by a dog kept and used, or trained by him or her as a guide dog.

8 Exemptions for dogs used by government authorities

(1) In the case of a dog working with a person who is carrying out duties for a Department or Agency of the State or Commonwealth, that person is not liable for an offence under this Act in respect of that dog, where, in acting in the manner which would constitute the offence, the dog was working with that person.

(2) Despite anything in any other Act or subordinate instrument a person to whom subsection (1) applies is entitled to be accompanied by that dog at all times and in all places while he or she is working with the dog.

(3) Despite Part 2, the owner of a dog working with a person who is carrying out duties for a Department or Agency of the State or Commonwealth is not required to pay a fee
for the registration of that dog.

9 Act binds the Crown

This Act binds the Crown in right of the State of Victoria, and also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Part 2—Registration of dogs and cats

Division 1—Registration requirements

10 Requirement to apply for registration

S. 10(1) amended by Nos 69/2004 s. 23, 65/2007 s. 6, 44/2010 s. 6.

(1) The owner of a dog or cat must apply to register that dog or cat with the Council of the municipal district in which the dog or cat is kept, if the animal is over 3 months old.

S. 10(2) amended by Nos 65/2007 s. 6, 44/2010 s. 6.

(2) The owner of a dog or cat which is registered must apply for renewal of the registration of that dog or cat with the Council of the municipal district in which the dog or cat is kept, before the expiration of the current registration.

S. 10(3) inserted by No. 83/2001 s. 12, amended by Nos 103/2003 s. 4, 76/2005 s. 4.

(3) If a person is making an application under subsection (1) in relation to a dog, that person must include with the application a declaration as to whether or not the dog in respect of which the application is made is a restricted breed dog.

S. 10(4) inserted by No. 75/2011 s. 4, substituted by No. 42/2025 s. 4.

(4) This section does not apply in relation to a dog or cat that is—

(a) being kept at an animal shelter or Council pound that is a domestic animal business conducted on premises that are registered under section 47; or

(b) being kept in foster care under an agreement made with an animal shelter or Council pound in accordance with the relevant business code of practice.

S. 10A inserted by No. 76/2005 s. 5.

10A Council may refuse to register dogs and cats unless desexed

(1) A Council may resolve that it will not, after a specified future date, register or renew the registration of a dog or cat unless the dog or cat—

(a) is desexed; or

(b) is exempted under this Act from any requirement to be desexed.

(2) A Council may resolve to amend or revoke any resolution made under this section.

(3) If a Council makes a resolution under this section—

(a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and

(4) A Council must not register or renew the registration of a dangerous dog or a restricted breed dog unless the dog—

(a) is desexed; or

S. 10A(4)(b) substituted by No. 65/2007 s. 7, amended by No. 44/2010 s. 31.

(b) in the case of a dangerous dog that is not also a restricted breed dog, is exempt under section 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed; or

S. 10A(4)(c) inserted by No. 65/2007 s. 7.

(c) in the case of a restricted breed dog, is exempt under section 10B(1)(e) from the requirement to be desexed.

S. 10B inserted by No. 76/2005 s. 5.

10B Dogs and cats that are exempt from desexing

(1) The following dogs and cats do not have to be desexed to be registered or to have their registration renewed by a Council—

(a) a dog or cat that is owned by a person or body that conducts a domestic animal business under which dogs or cats are bred and the dog or cat is used for breeding purposes in connection with that business;

(b) a dog or cat that is owned by a person who is a current member of an applicable organisation and the animal is registered with that organisation;

(c) a dangerous dog that is kept as a guard dog for non-residential premises;

S. 10B(1)(d) amended by No. 17/2016 s. 17(Sch. 1 item 1).

(d) a dangerous dog that has undergone protection training in accordance with any relevant business code of practice;

(e) a dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is desexed;

(f) a dog or cat that is of a class of dog or cat that is exempt under a resolution made under section 10A from a requirement to be desexed.

S. 10B(1A) inserted by No. 29/2012 s. 12.

(1A) For the purposes of subsection (1)(e), the written veterinary advice must—

(a) be given by a veterinary practitioner after he or she has personally examined the dog or cat; and

(b) include the reasons why the health of the dog or cat is liable to be significantly prejudiced if it is desexed.

(2) A Council may, in any resolution made under section 10A, exempt a class of dog or cat from any requirement to be desexed for the purposes of registration or the renewal of registration.

(3) Subsection (2) does not apply to a dangerous dog or a restricted breed dog.

S. 10C inserted by No. 76/2005 s. 6, substituted by No. 76/2005 s. 7.

10C Refusal of registration of dogs and cats unless permanently identified

(1) A Council must not register a dog or cat unless the dog or cat—

(a) has been implanted with a prescribed permanent identification device; or

(b) is of a class of dog or cat that is exempt, under a resolution made under section 10D(3), from the requirement to be implanted with such a device; or

(c) is otherwise exempted under this Act from the requirement to be implanted with such a device; or

(d) subject to subsection (2), has previously been registered with that Council at any time in the 12 month period immediately before the application for registration was lodged.

(2) Subsection (1)(d) does not apply if a resolution of the Council under subsection (3) is in effect under which dogs or cats of the same class as the dog or cat are required to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration.

(3) A Council may resolve that it will not, after a specified future date, renew the registration of any dog or cat unless the dog or cat—

(a) has been implanted with a prescribed permanent identification device; or

(b) is exempted under this Act from any requirement to be implanted with such a device.

(4) A Council may resolve to amend or revoke any resolution made under this section.

(5) If a Council makes a resolution under this section—

(a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and

(6) A Council must not register or renew the registration of a dangerous dog, a menacing dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device.

S. 10D inserted by No. 76/2005 s. 7.

10D Dogs and cats that are exempt from permanent identification

(1) This section does not apply to a dangerous dog, a menacing dog or a restricted breed dog.

(2) A dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is implanted with a prescribed permanent identification device is exempt from any requirement to be so implanted for the purposes of registration or the renewal of registration.

S. 10D(2A) inserted by No. 69/2017 s. 9.

(2A) For the purpose of subsection (2), the written veterinary advice must—

(a) be given by a veterinary practitioner after the veterinary practitioner has personally examined the dog or cat; and

(b) include the reasons why the health of the dog or cat is liable to be significantly prejudiced if the dog or cat is implanted with a prescribed permanent identification device.

(3) A Council may resolve that a class of dog or cat is exempted from any requirement to be implanted with a prescribed permanent identification device for the purposes of registration.

(4) A Council may, in any resolution made under section 10C, exempt a class of dog or cat from any requirement to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration.

(5) A Council may resolve to amend or revoke any resolution made under this section.

(6) If a Council makes a resolution under this section—

(a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and

11 Period of registration

The registration of a dog or cat or renewal of such registration remains in force until 10 April of the year following the registration or renewal.

12 Agents for registration

(1) A Council may appoint a person or organisation to act as an agent for the Council in the registration of cats and dogs, other than dangerous dogs if that person or organisation is—

S. 12(1)(a) substituted by No. 58/1997
s. 96(Sch. item 2).

(a) registered as a veterinary practitioner under the Veterinary Practice Act 1997; or

(b) the proprietor of a domestic animal business conducted on registered premises; or

(c) approved by the Council for that purpose.

(2) An agent must—

(a) register or renew the registration of an animal if the application is in order and accompanied by the appropriate fee; or

(b) refer an application to register or renew registration to the Council.

S. 12A inserted by No. 76/2005 s. 8, amended by No. 75/2011 s. 5 (ILA s. 39B(1)).

12A Dogs and cats must be permanently identified before sale or being given away

S. 12A(1) substituted by No. 69/2017 s. 10(1).

(1) A person must not sell, or give away, a dog or cat unless the dog or cat has been implanted with a prescribed permanent identification device.

S. 12A(1A) inserted by No. 69/2017 s. 10(1).

(1A) It is not an offence under subsection (1) for a person to give away a dog or cat that is not implanted with a prescribed permanent identification device to a shelter or pound.

S. 12A(2) inserted by No. 75/2011 s. 5, substituted by No. 69/2017 s. 10(2), repealed by No. 69/2017 s. 101.

S. 12B inserted by No. 69/2017 s. 102, amended by No. 3/2022 s. 14 (ILA s. 39B(1)).

12B Offence as to advertising dogs or cats for sale

(1) A person must not advertise a dog or cat for sale, or cause a dog or cat to be advertised for sale, unless—

(a) the advertisement includes the source number of the person who is selling the dog or cat; and

(b) one of the following applies—

(i) the advertisement includes the unique number contained in the microchip contained in the prescribed permanent identification device implanted in the dog or cat;

(ii) the dog or cat is the subject of written veterinary advice under section 10D(2) and (2A).

S. 12B(2) inserted by No. 3/2022 s. 14.

(2) The requirement under subsection (1)(a) on a person advertising a dog for sale or causing a dog to be advertised for sale to include the source number of the person in the advertisement does not apply if the dog is a GRV greyhound.

S. 12C inserted by No. 69/2017 s. 102, amended by No. 3/2022 s. 15 (ILA s. 39B(1)).

12C Offence as to publication of advertisements for dogs or cats for sale

(1) A person must not publish an advertisement of a dog or cat for sale, or cause the publication of an advertisement of a dog or cat for sale, unless—

(a) the advertisement includes the source number of the person who is selling the dog or cat; and

(b) one of the following applies—

(i) the advertisement includes the unique number contained in the microchip contained in the prescribed permanent identification device implanted in the dog or cat;

(ii) the dog or cat is the subject of written veterinary advice under section 10D(2) and (2A).

Penalty: In the case of a natural person, 5 penalty units;

In the case of a body corporate, 20 penalty units.

S. 12C(2) inserted by No. 3/2022 s. 15.

(2) The requirement under subsection (1)(a) on a person publishing an advertisement of a dog for sale or causing the publication of an advertisement of a dog for sale to include the source number of the person selling the dog in the advertisement does not apply if the dog is a GRV greyhound.

S. 12D inserted by No. 69/2017 s. 102.

12D Interpretation of sell

In section 12B and 12C a reference to selling or sale includes a reference to giving away.

S. 13 (Heading) amended by No. 69/2017 s. 11(1).

S. 13 substituted by No. 76/2005 s. 8, amended by No. 69/2017 s. 11(2)(3) (ILA s. 39B(1)).

13 Notification of sale by domestic animal business or foster carer

(1) If the proprietor of a domestic animal business sells, or gives away, a dog or cat which is not registered, he or she must notify the Council with which the animal should be registered of—

(a) the sale, or the giving away of the animal; and

(b) a description of the animal; and

(c) the name and address of the new owner of the animal; and

(d) the unique number of the microchip contained in the prescribed permanent identification device implanted in the animal.

S. 13(2) inserted by No. 69/2017 s. 11(3).

(2) If a registered foster carer sells, or gives away, a dog or cat which is not registered, the foster carer must notify the Council with which the animal should be registered of—

(a) the sale, or the giving away of the animal; and

(b) a description of the animal; and

(c) the name and address of the new owner of the animal; and

(d) the unique number of the microchip contained in the prescribed permanent identification device implanted in the animal.

Penalty: 3 penalty units.

S. 13(3) inserted by No. 69/2017 s. 11(3).

(3) A notification under this section must be made within 7 days after the sale or giving away of the animal.

Division 2—Procedures for registration

14 Application for registration or renewal of registration

An application for registration or renewal of registration of a dog or cat must—

(a) be made to the Council or an agent appointed by the Council; and

(b) be in the form approved by the Council; and

S. 14(c) substituted by No. 76/2005 s. 9(1).

(c) be accompanied by—

(i) the relevant fee fixed by the Council; and

S. 14(c)(ii) amended by No. 76/2005 s. 9(2)(a).

(ii) if relevant, evidence in a form required by the Council that the dog or cat is desexed; and

S. 14(c)(iii) inserted by No. 76/2005 s. 9(2)(b).

(iii) if relevant, evidence in a form required by the Council that the dog or cat is implanted with a prescribed permanent identification device.

15 Registration fees

(1) A Council must, by resolution, fix fees to be paid for registration or renewal of registration under this Part.

(2) If a dog or cat is required to be registered for part only of a year, the Council may permit a pro rata fee to be paid for that registration which represents that proportion of the year for which the animal is registered.

(3) A resolution under subsection (1) must adopt the principles set out in this section but may make provision for other matters including the circumstances in which a fee or part of a fee may be refunded.

S. 15(4) substituted by No. 76/2005 s. 10(1).

(4) A scheme of registration fees in respect of dogs or cats must apply the following principles—

(a) the maximum fee is to be payable in respect of a class of dog described in Column 1 of Part 1 of the Schedule or a class of cat described in Column 1 of Part 2 of the Schedule;

(b) the reduced fee is to be payable in respect of a class of dog described in Column 2 of Part 1 of the Schedule or a class of cat described in Column 2 of Part 2 of the Schedule;

(c) in the case of a dangerous dog (that is not of a class of dangerous dog referred to in paragraph (d)), a menacing dog or a restricted breed dog, the fee payable must be no less than the amount of the maximum fee for a dog under paragraph (a);

(d) the fee payable in respect of a dangerous dog in any of the following classes is to be the same amount as the maximum fee for a dog under paragraph (a)—

S. 15(4)(d)(i) amended by No. 44/2017 s. 4.

(i) a dangerous dog that is kept, or at any time has been kept, as a guard dog for non-residential premises; or

S. 15(4)(d)(ii) amended by Nos 17/2016
s. 17(Sch. 1 item 2), 69/2017 s. 12(1).

(ii) a dangerous dog that has undergone protection training in accordance with any relevant business code of practice;

S. 15(4)(e) inserted by No. 69/2017 s. 12(2).

(e) the fee payable for a dog (other than a dangerous dog) that is kept in foster care by a registered foster carer—

S. 15(4)(e)(i) amended by No. 3/2022 s. 16.

(i) for the first registration period under section 11 that the dog is so kept, must not be more than twice the amount required to be paid by the Council to the Treasurer under section 69 in respect of the registration or renewal of registration of a dog; and

S. 15(4)(e)(ii) amended by No. 3/2022 s. 16.

(ii) on and after the first registration period under section 11, is the fee determined in accordance with the other provisions of this section, or any lesser fee fixed by the Council;

S. 15(4)(f) inserted by No. 69/2017 s. 12(2).

(f) the fee payable for a cat that is kept in foster care by a registered foster carer—

S. 15(4)(f)(i) amended by No. 3/2022 s. 16.

(i) for the first registration period under section 11 that the cat is so kept, must not be more than twice the amount required to be paid by the Council to the Treasurer under section 69 in respect of the registration or renewal of registration of a cat; and

S. 15(4)(f)(ii) amended by No. 3/2022 s. 16.

(ii) on and after the first registration period under section 11, is the fee determined in accordance with the other provisions of this section, or any lesser fee fixed by the Council.

(5) In fixing a maximum fee for registration of dogs or cats, the Council must fix a fee which is at least 3 times greater than the reduced fee.

(6) A Council must waive 50% of a registration fee which a person would otherwise be required to pay for a dog or cat under this section if that person—

S. 15(6)(a) amended by No. 82/2004
s. 13(Sch. item 1).

(a) is an eligible recipient within the meaning of the State Concessions Act 2004; and

(b) has completed and given to the Council an application for such a waiver in the form approved by the Council.

S. 15(7) inserted by No. 87/2000 s. 8, substituted by No. 76/2005 s. 10(2).

(7) Subsection (6) does not apply to a dangerous dog, a menacing dog or a restricted breed dog.

Division 3—Powers and duties of Councils with respect to registration

S. 16 amended by No. 83/2001 s. 13, substituted by No. 76/2005 s. 11.

16 Registration of dogs and cats other than dangerous or restricted breed dogs

A Council must register or renew the registration of a dog or cat (other than a dangerous dog or a restricted breed dog) that is required to be registered under this Act if—

(a) the application for registration or renewal of the registration is accompanied by the appropriate fee and otherwise complies with this Act and the regulations; and

(b) any pre-condition for registration or the renewal of registration imposed by or under this Act in respect of the cat or dog has been met.

S. 17 (Heading) inserted by No. 76/2005 s. 12(1).

17 Registration of dangerous and restricted breed dogs

S. 17(1) amended by Nos 83/2001 s. 14(a), 76/2005 s. 12(2).

(1) A Council may register or renew the registration of a dangerous dog and may impose conditions upon the registration of that dog.

S. 17(1AA) inserted by No. 65/2007 s. 8(1), repealed by No. 44/2017 s. 5.

S. 17(1A) inserted by No. 76/2005 s. 12(3), substituted by Nos 65/2007 s. 8(2), 44/2010 s. 7, 39/2011 s. 4, 44/2017 s. 5.

(1A) A Council—

(a) may register or renew the registration of a restricted breed dog; and

(b) may impose conditions on the registration or the renewal of the registration of a restricted breed dog.

Under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device.

S. 17(1B)(1C) inserted by No. 76/2005 s. 12(3), repealed by No. 44/2017 s. 5.

S. 17(2) amended by Nos 83/2001 s. 14(b), 76/2005 s. 12(4), 65/2007 s. 8(3).

(2) If the Council proposes to exercise a discretion not to register or renew the registration of a dangerous dog or a restricted breed dog that is able to be registered or have its registration renewed by the Council under this Act, the Council must—

(3) The Council must consider any submission to it before making its decision.

S. 17(4) amended by No. 83/2001 s. 14(c).

(4) If the Council has decided not to register or renew the registration of a dangerous dog or a restricted breed dog, it must serve written notice of that decision on the owner.

(5) The notice must—

(a) be served within 7 days of the making of the decision; and

(b) give reasons for the decision.

18 Council to keep and allow inspection of register

(1) The Council must keep a register of all registered dogs and cats at the Council office.

(2) The registration of any dog or cat may be inspected by any person—

(a) during office hours; and

(b) upon payment of the fee fixed by the Council for the inspection of that registration.

(3) A person may—

(a) make a record of the information contained in the registration of a dog or cat; or

(b) obtain a certificate from the Council setting out all or any requested particulars in relation to the registration of a dog or cat—

upon payment of the fee fixed by the Council for making such a record or obtaining such a certificate.

Division 4—Identification of registered animals

19 Registration numbers, certificates and identification markers

(1) The Council must—

(a) allocate a registration number to every dog or cat which is registered; and

(b) give or send to the owner a registration certificate in the form approved by the Council; and

S. 19(1)(c) amended by No. 71/2014 s. 13.

(c) issue to the owner of a registered cat or a registered dog, an identification marker which identifies, either directly or indirectly, the name of the Council and the registration number of the animal.

S. 19(2) substituted by No. 83/2001 s. 15, amended by Nos 103/2003 s. 5, 50/2005 s. 10.

(2) If a person is the owner of a dangerous dog, a menacing dog or a restricted breed dog, that person must ensure that the dog is implanted with a prescribed permanent identification device.

20 Registered dog or cat to have identification marker outside premises

S. 20(1) amended by Nos 65/2007 s. 9, 44/2010 s. 8(1).

(1) If a registered dog or cat is found outside the owner's premises without the identification required by section 19, the owner is guilty of an offence and liable to a penalty of not more than 2 penalty units.

(2) Subsection (1) does not apply to—

(a) a fox hound, beagle or greyhound engaged in a public coursing match or in a hunt organised by a hunt club registered with the Hunts Club Association of Victoria Incorporated or any successor in law of that association; or

S. 20(2)(b) substituted by No. 69/2017 s. 13.

(b) a dog that is being kept or used as or being trained to be a farm working dog; or

S. 20(2)(c) substituted by No. 69/2017 s. 13.

(c) a dog that is going from place to place for the purpose of being kept or used as or being trained to be a farm working dog, if it is under the effective control of a person; or

S. 20(2)(d) amended by No. 87/2000 s. 9.

(d) a dog or cat while it is being exhibited for show purposes at a fixture conducted under the rules and regulations of an applicable organisation; or

S. 20(2)(da) inserted by No. 83/2001 s. 16.

(da) a dog while it is being exhibited for show purposes at a fixture conducted by a recognised organisation; or

S. 20(2)(e) amended by No. 44/2010 s. 8(2).

(e) a dog while it is being trained for or is participating in obedience trials or classes, retrieving game, hunting or some other customary sporting activity and is under the effective control of a responsible person; or

S. 20(2)(f) inserted by No. 44/2010 s. 8(3), amended by No. 42/2021 s. 54.

(f) a dog that is in an area designated in an order under section 26(2) or 26A(2) as an area where dogs are not required to be on leads, if—

(i) the owner of the dog is a member of an applicable organisation and has in the last 12 months exhibited the dog for show purposes at a fixture conducted by an applicable organisation; and

(ii) the person in apparent control of the dog has with him or her the identification required by section 19.

S. 21 amended by No. 65/2007 s. 9.

21 Unregistered dog or cat must not have identification marker

If an unregistered dog or cat is found with an identification marker issued by a Council the owner is guilty of an offence and liable to a penalty of not more than 1 penalty unit.

22 Offence to remove or damage identification marker

A person, who is not the owner of a registered dog or cat must not remove the identification marker issued by the Council from that cat or dog or wilfully alter or deface the marker.

1. 1 penalty unit.

Part 3—Control of dogs and cats

Division 1—Stray dogs and cats

S. 23 substituted by No. 87/2000 s. 10.

23 Dogs and cats on private property without permission

(1) If a dog or cat has been present on private property on more than one occasion without the permission of the owner or occupier of the property, the owner or occupier of private property or an authorised officer may seize the dog or cat while it is present on the property.

(2) The owner or occupier of the private property or the authorised officer who has seized a dog or cat under subsection (1) must immediately so notify the Council of the municipal district in which the property is situated.

S. 23(3) substituted by No. 65/2007 s. 10(1).

(3) If the authorised officer who seized a dog or cat under subsection (1) is able to identify the owner of the dog or cat, the authorised officer must, within 5 business days after the seizure of the dog or cat, serve on the owner of the dog or cat a notice of objection to the presence of that dog or cat on the private property.

S. 23(4) amended by No. 65/2007 s. 10(2).

(4) If, after a notice under subsection (3) has been served, the dog or cat enters or remains on the private property, the owner of the dog or cat is guilty of an offence and liable to a penalty of not more than 1 penalty unit for a first offence, and 3 penalty units for a second or subsequent offence.

(5) A notice under subsection (3) must be served either personally or by registered post.

(6) A copy of a notice under subsection (3) must be given to the owner or occupier of the private property within 24 hours after the notice being served.

(7) In this section, business day means a day other than—

(a) a Saturday or Sunday; or

(b) a public holiday appointed under the Public Holidays Act 1993.

24 Dogs found at large

S. 24(1) amended by Nos 87/2000 s. 11(a), 65/2007 s. 11(1), 44/2010 s. 9(1).

(1) If a dog is found at large outside the premises of the owner or not securely confined to the owner's premises, between sunrise and sunset, the owner is guilty of an offence and liable to a penalty of not more than 6 penalty units.

S. 24(2) amended by Nos 87/2000 s. 11(b), 65/2007 s. 11(1), 44/2010 s. 9(2).

(2) If a dog is found at large outside the premises of the owner or not securely confined to the owner's premises between sunset and sunrise, the owner is guilty of an offence and liable to a penalty of not more than 10 penalty units.

25 Cats found at large

S. 25(1) amended by Nos 76/2005 s. 13, 65/2007 s. 11(2).

(1) If a cat is found at large outside the premises of the owner or not securely confined to the owner's premises, in a municipal district or a specified part of a municipal district in respect of which an order under this section has been made, during the hours specified in the order, the owner is guilty of an offence and liable to a penalty of not more than 1 penalty unit for a first offence and 3 penalty units for a second or subsequent offence.

(2) A Council may, by resolution, make an order under this section.

(3) An order made by a Council under this section must be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council making the order.

26 Dogs and cats found in places specified by the Council

S. 26(1) amended by No. 65/2007 s. 11(2).

(1) If a dog or cat is found in a place in respect of which an order under this section has been made in contravention of that order or any terms and conditions of that order, the owner is guilty of an offence and liable to a penalty of not more than 2 penalty units for a first offence and 4 penalty units for a second or subsequent offence.

(2) A Council may by resolution make an order under this section which may do all or any of the following—

S. 26(2)(a) amended by No. 87/2000 s. 12(1).

(a) prohibit the presence of dogs and cats in any public place of the municipal district of the Council;

S. 26(2)(b) amended by No. 87/2000 s. 12(1).

(b) impose all or any of the following conditions on the presence of dogs or cats in any public place of the municipal district of the Council—

(i) conditions as to the means of restraint of dogs or cats;

(ii) conditions as to the times at which the presence of dogs or cats is or is not permitted;

(iii) any other conditions that are specified in the order.

S. 26(2A) inserted by No. 87/2000 s. 12(2).

(2A) If the Council proposes to make an order under this section in respect of a public place that is on private land, the Council must obtain the agreement of the owner or occupier of the private property to the order before making the order.

(3) An order made by the Council under this section must be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council making the order.

(4) A condition made under subsection (2)(b)(i) does not apply to a dog in any of the circumstances listed in section 20(2).

S. 26(5) inserted by No. 87/2000 s. 12(3).

(5) In this section, public place has the same meaning as in section 3 of the Summary Offences Act 1966.

S. 26A inserted by No. 42/2021 s. 55.

26A Dogs and cats found in places specified by the Great Ocean Road Coast and Parks Authority

(1) If a dog or cat is found in a place in respect of which an order under this section has been made in contravention of that order or any terms and conditions of that order, the owner is guilty of an offence and liable to a penalty of not more than 2 penalty units for a first offence and 4 penalty units for a second or subsequent offence.

(2) The Great Ocean Road Coast and Parks Authority, by resolution, may make an order under this section which may do all or any of the following—

(a) prohibit the presence of dogs or cats in any public place which is land in the Great Ocean Road coast and parks, other than land administered under the National Parks Act 1975 or the Wildlife Act 1975;

(b) impose all or any of the following conditions on the presence of dogs or cats in any public place which is land in the Great Ocean Road coast and parks, other than land administered under the National Parks Act 1975 or the Wildlife Act 1975—

(i) conditions as to the means of restraint of dogs or cats;

(ii) conditions as to the times at which the presence of dogs or cats is or is not permitted;

(iii) any other conditions that are specified in the order.

(3) If the Authority proposes to make an order under this section in respect of a public place within the meaning of section 3 of the Summary Offences Act 1966, that is on private land, the Authority must obtain the agreement of the owner or occupier of the private land to the order before making the order.

(4) An order made by the Authority under this section must be published—

(a) in the Government Gazette; and

(b) on the website of the Great Ocean Road Coast and Parks Authority; and

(c) in a newspaper circulating in the Great Ocean Road region within the meaning of the Great Ocean Road and Environs Protection Act 2020.

(5) A condition under subsection (2)(b)(i) does not apply to a dog in any of the circumstances listed in section 20(2).

Division 2—Particular provisions for the control of dogs and cats

27 Restraint of greyhounds

S. 27(1) amended by No. 65/2007 s. 11(2).

(1) If a greyhound is outside the premises of its owner and is not—

the owner of that greyhound and any person for the time being in charge of the greyhound are each guilty of an offence and liable to a penalty of not more than 3 penalty units for a first offence and 5 penalty units for a second or subsequent offence.

S. 27(1A) inserted by No. 3/2022 s. 17.

(1A) Subsection (1)(a) applies only to a GRV greyhound.

(2) For the purposes of subsection (1)(b) control by one person of more than 4 greyhounds at the one time is not "effective control".

(3) Subsection (1) does not apply to—

(a) a greyhound which is being raced, coursed, exercised or trained upon land which the owner is authorised or entitled to use for that purpose; or

(b) a greyhound while it is being exhibited for show purposes at a fixture conducted under the rules and regulations of the Victorian Canine Association or any successor in law of that association or an organisation approved by the Council of the municipal district in which the fixture is being conducted; or

(c) a greyhound while it is participating in obedience trials or classes and is under the effective control of a responsible person.

S. 28 amended by Nos 87/2000 s. 13, 83/2001 s. 24.

28 Offence to set on dog to attack

A person must not wilfully set on or urge a dog to attack, bite, rush at or chase any person or animal except when hunting in accordance with the provisions of the Prevention of Cruelty to Animals Act 1986.

1. 120 penalty units or imprisonment for 6 months.

S. 28A inserted by No. 103/2003 s. 6.

28A Offence to train dogs to attack

A person must not train a dog to attack, bite, rush at, chase or in any way menace persons, animals or anything worn by persons, unless the dog is so trained—

(a) in the course of conducting a domestic animal business on premises that is registered under Part 4, if training of such a nature is authorised under that registration; and

(b) that person—

(i) is conducting; or

(ii) is employed by a person who is conducting—

a domestic animal business on premises that is registered under Part 4.

1. 60 penalty units or imprisonment for 3 months.

S. 29 amended by Nos 87/2000 s. 14, 83/2001 s. 25, substituted by Nos 65/2007 s. 12, 35/2009 s. 19.

29 Offences and liability relating to dog attacks

S. 29(1) amended by No. 55/2011 s. 4(1).

(1) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units.

S. 29(2) amended by No. 55/2011 s. 4(1).

(2) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the owner of the dog, if not liable for the offence under subsection (1), is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units.

S. 29(3) amended by Nos 44/2010 s. 10, 55/2011 s. 4(2).

(3) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 40 penalty units.

S. 29(4) amended by Nos 44/2010 s. 10, 55/2011 s. 4(2).

(4) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the owner of the dog, if not liable for the offence under subsection (3), is guilty of an offence and liable to a penalty not exceeding 40 penalty units.

S. 29(5) amended by No. 55/2011 s. 4(2).

(5) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

S. 29(6) amended by No. 55/2011 s. 4(2).

(6) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog, if not liable for the offence under subsection (5), is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

(7) If a dog rushes at or chases any person, the person in apparent control of the dog at the time the dog rushed at or chased the first-mentioned person, whether or not the owner of the dog, is guilty of an offence and liable to a penalty of not more than 4 penalty units.

(8) If a dog rushes at or chases any person, the owner of the dog, if not liable for the offence under subsection (7), is guilty of an offence and liable to a penalty of not more than 4 penalty units.

(9) In any proceeding for an offence under this section, it is a defence to that offence if the incident occurred because—

(a) the dog was being teased, abused or assaulted; or

(b) a person was trespassing on the premises on which the dog was kept; or

(c) another animal was on the premises on which the dog was kept; or

(d) a person known to the dog was being attacked in front of the dog.

(10) In any proceeding for an offence under subsection (3), (4), (5), (6), (7) or (8), it is a defence to that offence if the incident occurred as part of a hunt in which the dog was taking part and which was conducted in accordance with the Prevention of Cruelty to Animals Act 1986.

(11) If a person is found guilty of an offence under this section with respect to a dog the court may, in addition to any other order made by the court, order that the person pay compensation for any damage caused by the conduct of the dog.

S. 29(12) amended by No. 69/2017 s. 14.

(12) If a person is found guilty of an offence under this section with respect to a dog, the court may order that the dog be destroyed by a Council authorised officer of the municipal district in which the offence occurred.

30 Owner of livestock able to destroy dog or cat found at large near livestock

(1) The owner of any animals or birds kept for farming purposes, any person authorised by the owner or an authorised officer may destroy any dog or cat found at large—

(a) in the place where the animals or birds are confined; or

(b) if the animals or birds are tethered, in the vicinity of the animals or birds.

(2) The owner, a person authorised by the owner or authorised officer does not incur any civil or criminal liability for acting under subsection (1).

31 Authorised officer able to destroy dog or cat found at large in certain areas

(1) An authorised officer may destroy any dog or cat found at large—

(a) in any area which is designated as a control zone under a management plan made under an Act which is a relevant law within the meaning of the Conservation, Forests and Lands Act 1987; or

(b) in any area classified as a conservation zone under a planning scheme under the provisions of the Planning and Environment Act 1987.

(2) An authorised officer does not incur any civil or criminal liability for acting under subsection (1).

32 Dogs or cats creating a nuisance

(1) The occupier of any premises where a dog or cat is kept or permitted to remain must not allow that animal to be a nuisance.

1. 1 penalty unit.

(2) A dog or cat is to be regarded as a nuisance for the purposes of this section—

(a) if it injures or endangers the health of any person; or

(b) if it creates a noise, by barking or otherwise, which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises.

S. 32(3) amended by No. 65/2007 s. 13.

(3) If a person is found guilty of an offence against this section, the court may order that person to take that action (if any) to abate the nuisance which is specified in the order.

(4) A person must comply with an order made against him or her under subsection (3).

33 Dogs and cats not to be abandoned

The owner of a dog or cat must not abandon that animal.

S. 33A inserted by No. 76/2005 s. 14.

33A Council animal shelters and pounds must accept surrendered animals

(1) A Council of a municipal district must accept any dog or cat kept in that municipal district which is given to the Council by the owner of the animal because the owner is no longer willing or able to care for that animal.

(2) On the Council taking possession of a dog or cat under subsection (1)—

(a) ownership in the dog or cat passes from the owner to the Council; and

S. 33A(2)(b) amended by No. 17/2016 s. 17(Sch. 1 item 3).

(b) the Council must deal with the dog or cat in accordance with this Act, the regulations and any relevant business code of practice.

S. 33A(3) inserted by No. 8/2014 s. 5.

(3) If a Council accepts a dog under subsection (1) that has exhibited aggressive behaviour or has been involved or suspected of being involved in a dog attack or that is considered to be a restricted breed dog, the Council must give the Secretary the following information—

(a) the municipal district in which the dog was kept before it was given to the Council;

(b) the date that the dog was accepted by the Council;

(c) if the dog has been destroyed, the date on which it was destroyed;

(d) the sex and reproductive status of the dog;

(e) the age, breed and colour of the dog;

(f) the Council reference number for the dog.

S. 33A(4) inserted by No. 8/2014 s. 5.

(4) The Council must notify the Secretary of the information under subsection (3)—

(a) if the Minister specifies a period of time for the purposes of this subsection, within that period after the date that the dog is accepted by the Council;

(b) in any other case, within 28 days after the date that the dog is accepted by the Council.

Division 3—Particular provisions for the control of dangerous dogs

34 Council may declare a dog to be dangerous

(1) A Council may declare a dog to be a dangerous dog—

S. 34(1)(a) amended by Nos 87/2000 s. 15(a), 65/2007 s. 14(1).

(a) if the dog has caused the death of or serious injury to a person or animal by biting or attacking that person or animal; or

S. 34(1)(b) substituted by No. 87/2000 s. 15(b).

(b) if the dog is a menacing dog and its owner has received at least 2 infringement notices in respect of the offence in section 41E; or

S. 34(1)(c) amended by No. 69/2004 s. 24(1).

(c) if the dog has been declared a dangerous dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division; or

S. 34(1)(ca) inserted by No. 44/2010 s. 11.

(ca) if there has been a finding of guilt or the serving of an infringement notice (which has not been withdrawn and the penalty has been paid under the Infringements Act 2006) in respect of 2 or more offences under section 29(5), (6), (7) or (8) in respect of the dog; or

(d) for any other reason prescribed.

(2) The Council must not make a declaration under subsection (1)(a) if the incident occurred—

(a) because the dog was being teased, abused or assaulted; or

(b) in the case of injury to a person, because the person was trespassing on the premises on which the dog was kept; or

(c) in the case of injury to another animal, because the animal was on the premises on which the dog was kept; or

(d) because another person known to the dog was being attacked in front of the dog; or

(e) as part of a hunt in which the dog was taking part and which was conducted in accordance with the Prevention of Cruelty to Animals Act 1986.

S. 34(3) repealed by No. 65/2007 s. 14(2).

S. 34(4) inserted by No. 69/2004 s. 24(2).

(4) A declaration under this section—

(a) has effect throughout Victoria; and

(b) cannot be revoked, amended or otherwise altered.

S. 34A inserted by No. 87/2000 s. 16.

34A Dangerous dogs

A dog is a dangerous dog if—

S. 34A(a) amended by No. 44/2017 s. 6(a).

(a) the dog is kept, or at any time has been kept, as a guard dog for the purpose of guarding non-residential premises; or

S. 34A(b) amended by No. 44/2017 s. 6(b).

(b) the dog, at any time, has been trained to attack or bite any person or any thing when attached to or worn by a person.

35 Procedure for making declaration

S. 35(1) repealed by No. 87/2000 s. 17.

(2) If the Council proposes that a dog be declared dangerous and the proposal does not arise from an application from the owner, the Council must—

(3) The Council must consider any material submitted to it before making a declaration.

36 Council must give notice of a declaration to owner

(1) If the Council has made a declaration that a dog is dangerous it must serve written notice on the owner of the dog that that declaration has been made.

(2) The notice must—

(a) be served, either in person or by registered post, within 7 days of the making of the declaration; and

(b) give reasons for the making of the declaration.

37 Notification of Council

S. 37(1) substituted by No. 87/2000 s. 18, amended by Nos 55/2011 s. 5(a), 44/2017 s. 7(1).

(1) Immediately upon becoming the owner of a dog that, at any time, has been trained to attack or bite any person or any thing when attached to or worn by a person, the owner of the dog must so notify the Council of the municipal district in which the dog is kept.

S. 37(1A) inserted by No. 87/2000 s. 18.

(1A) Immediately upon a dog commencing training to attack or bite any person or any thing when attached to or worn by a person, the owner of the dog must notify the Council of the municipal district in which the dog is kept that the dog is being so trained.

S. 37(1B) inserted by No. 87/2000 s. 18.

(1B) The owner of a dog kept as a guard dog for the purpose of guarding non-residential premises must, within 24 hours of commencing to keep the dog for that purpose, notify the Council of the municipal district in which the dog is kept that the dog is being kept for that purpose.

S. 37(1BA) inserted by No. 44/2017 s. 7(2).

(1BA) The owner of a dog that has at any time been kept as a guard dog, within 24 hours of commencing to keep the dog, must notify the Council of the municipal district in which the dog is kept that the dog is being kept in that municipal district.

S. 37(1C) inserted by No. 87/2000 s. 18, substituted by No. 69/2004 s. 25(1).

(1C) If a Council is investigating an alleged offence under section 29 in respect of a dog and has advised the owner of the dog of that investigation, the owner of the dog must notify the Council within 24 hours if—

(a) the dog is missing; or

(b) the custody or ownership of the dog changes; or

(c) the owner's address changes; or

(d) the place where the dog is kept changes.

S. 37(2) amended by Nos 69/2004 s. 25(2)(a)(c), 55/2011 s. 5(b).

(2) The owner of a dangerous dog must notify the Council of the municipal district in which the dog is kept within 24 hours if—

S. 37(2)(a) repealed by No. 83/2001 s. 26, new s. 37(2)(a) inserted by No. 8/2014 s. 6.

(a) the municipal district in which the dog is kept changes; or

(b) the dog is missing; or

S. 37(2)(ba) inserted by No. 69/2004 s. 25(2)(b).

(ba) the owner's address changes; or

S. 37(2)(bb) inserted by No. 69/2004 s. 25(2)(b).

(bb) the place where the dog is kept changes; or

(c) the ownership of the dog changes.

S. 37(3) inserted by No. 14/2025 s. 14.

(3) A notice given under subsection (1C)(c) or (2)(ba) must include the new address of the owner.

S. 37(4) inserted by No. 14/2025 s. 14.

(4) A notice given under subsection (1C)(d) or (2)(bb) must include the address of the new place at which the dog is kept.

S. 37(5) inserted by No. 14/2025 s. 14.

(5) The owner of a dangerous dog must notify the Council of the municipal district in which the dog is kept within 14 days of the owner becoming aware of the death of the dog (other than in the case of destruction in accordance with this Act).

S. 37A inserted by No. 44/2017 s. 8.

37A Offence not to advise person acquiring a dangerous dog that it is dangerous dog

A person must not sell or give away a dangerous dog to another person or otherwise transfer the ownership of a dangerous dog to another person unless before the sale, giving away or transfer of the dog the person advises the other person in writing that the dog is a dangerous dog.

S. 38 amended by No. 87/2000 s. 19, substituted by No. 103/2003 s. 7.

38 Restraint of dangerous dogs when on owner's premises

S. 38(1) amended by Nos 69/2004 s. 26, 55/2011 s. 6.

(1) When a dangerous dog is kept on residential premises of the owner of the dog, the owner must ensure that—

(a) if the dog is inside any dwelling on the premises, it is confined in such a manner—

(i) that it cannot escape; and

S. 38(1)(a)(ii) amended by No. 29/2012 s. 13(1).

(ii) that a person cannot enter the dwelling unless admitted by an occupier of the premises who is of or over 18 years of age; and

(b) there is on the premises, outside any dwelling, a prescribed enclosure; and

(c) when the dog is not inside any dwelling on the premises, the dog is kept in a prescribed enclosure.

S. 38(2) amended by Nos 69/2004 s. 26, 55/2011 s. 6.

(2) When a dangerous dog is kept on non-residential premises of the owner, the owner must ensure that—

(a) when the dog is guarding the premises, it is kept inside perimeter fencing that complies with the prescribed requirements; and

(b) in any other case, that the dog is kept in a prescribed enclosure.

(3) In this section prescribed enclosure means an enclosure—

(a) from which a dog cannot escape; and

S. 38(3)(b) amended by No. 29/2012 s. 13(2).

(b) that is constructed in such a manner that a person cannot have access to it without the assistance of an occupier of the premises who is of or over 18 years of age; and

(c) that complies with the regulations.

39 Warning signs

The owner of a dangerous dog must display warning signs which comply with the regulations at all entrances to the premises where the dog is kept warning people that a dangerous dog is kept on the premises.

1. For a first offence 5 penalty units.

Second or subsequent offence 10 penalty units.

S. 40 amended by No. 55/2011 s. 7.

40 Identification of dangerous dogs

The owner of a dangerous dog must ensure that at all times the dog wears a collar of the kind prescribed.

Penalty: 40 penalty units.

41 Restraint of dangerous dogs off the owner's premises

S. 41(1) amended by Nos 65/2007 s. 15, 55/2011 s. 8.

(1) If a dangerous dog is outside the premises of its owner and is not—

the owner of that dangerous dog and any person for the time being in charge of the dog are guilty of an offence and liable to a penalty of not more than 40 penalty units.

(2) This section does not apply to a dangerous dog which is a guard dog while the dog is guarding non-residential premises.

Pt 3 Div. 3A (Heading and ss 41A–41E) inserted by No. 87/2000 s. 20.

Division 3A—Particular provisions for the control of menacing dogs

S. 41A inserted by No. 87/2000 s. 20.

41A Declaration that a dog is a menacing dog

(1) A Council may declare a dog to be a menacing dog if—

(a) the dog has rushed at or chased a person; or

S. 41A(1)(ab) inserted by No. 44/2010 s. 12.

(ab) the dog bites any person or animal causing injury to that person or animal that is not in the nature of a serious injury; or

S. 41A(1)(b) amended by No. 69/2004 s. 27(1).

(b) the dog has been declared a menacing dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division.

(2) The Council must not make a declaration under subsection (1)(a) if the incident occurred because—

(a) the dog was being teased, abused or assaulted; or

(b) the person was trespassing on the premises on which the dog was kept; or

(c) another person known to the dog was being attacked in front of the dog.

(3) The Council may revoke any declaration made under subsection (1).

S. 41A(4) amended by No. 69/2017 s. 15.

(4) The Council may delegate its power under subsection (1) to a Council authorised officer.

S. 41A(5) amended by No. 65/2007 s. 16, substituted by No. 35/2009 s. 20.

(5) If a person is found guilty of an offence under section 29(7) or 29(8) with respect to a dog, the court may order the Council to declare the dog to be a menacing dog under subsection (1).

S. 41A(6) inserted by No. 69/2004 s. 27(2).

(6) A declaration under this section has effect throughout Victoria.

S. 41B inserted by No. 87/2000 s. 20.

41B Procedure for declaring a menacing dog

(1) If the Council proposes that a dog be declared a menacing dog, the Council must—

(2) The Council must consider any submissions submitted to it before making a declaration.

S. 41C inserted by No. 87/2000 s. 20.

41C Council must give notice of a menacing dog declaration to owner

(1) If the Council has made a declaration that a dog is a menacing dog, it must serve written notice on the owner of the dog that a declaration has been made.

(2) The notice must—

(a) be served, either in person or by registered post, within 7 days after the making of the declaration; and

(b) give reasons for the making of the declaration.

S. 41D inserted by No. 87/2000 s. 20, amended by Nos 69/2004 s. 28(a)(c), 55/2011 s. 9, 14/2025 s. 15 (ILA s. 39B(1)).

41D Notification of Council in relation to menacing dog

(1) The owner of a menacing dog must notify the Council of the municipal district in which the dog is kept within 24 hours if—

(a) the dog rushes at or chases a person; or

(b) the dog is missing; or

S. 41D(1)(ba) inserted by No. 69/2004 s. 28(b).

(ba) the owner's address changes; or

S. 41D(1)(bb) inserted by No. 69/2004 s. 28(b).

(bb) the place where the dog is kept changes; or

S. 41D(1)(c) amended by No. 8/2014 s. 7(1).

(c) the ownership of the dog changes; or

S. 41D(1)(d) inserted by No. 8/2014 s. 7(2).

(d) the municipal district in which the dog is kept changes.

S. 41D(2) inserted by No. 14/2025 s. 15.

(2) A notice given under subsection (1)(ba) must include the new address of the owner.

S. 41D(3) inserted by No. 14/2025 s. 15.

(3) A notice given under subsection (1)(bb) must include the address of the new place at which the dog is kept.

S. 41D(4) inserted by No. 14/2025 s. 15.

(4) The owner of a menacing dog must notify the Council of the municipal district in which the dog is kept within 14 days of the owner becoming aware of the death of the dog (other than in the case of destruction in accordance with this Act).

S. 41E inserted by No. 87/2000 s. 20.

41E Restraint of menacing dogs

(1) A notice that a dog has been declared to be a menacing dog may require the owner of the dog specified in the notice to cause the dog, when it is outside the premises of its owner in circumstances specified in the notice, to be—

(a) muzzled in a manner which is sufficient to prevent it causing injury by biting;

(b) under the effective control of some person by means of a chain, cord or leash.

S. 41E(2) amended by No. 55/2011 s. 10.

(2) The owner of a dog who does not comply with a requirement under subsection (1) is guilty of an offence and liable to a penalty of 16 penalty units.

Pt 3 Div. 3B (Heading and ss 41F–41L) inserted by No. 83/2001 s. 17.

Division 3B—Particular provisions for the control of restricted breed dogs

S. 41EA inserted by No. 76/2005 s. 15, substituted by No. 44/2010 s. 13, amended by Nos 39/2011 s. 5, 55/2011 s. 11, repealed by No. 44/2017 s. 9.

S. 41EB inserted by No. 8/2014 s. 8.

41EB Prohibition against breeding from a restricted breed dog

A person must not breed, or consent to, or arrange the breeding of, or recklessly allow the breeding of, a dog (including a stillborn dog) from a restricted breed dog.

Penalty: 60 penalty units or imprisonment for 6 months.

S. 41F inserted by No. 83/2001 s. 17.

41F Notifications

S. 41F(1) amended by Nos 69/2004 s. 29(a)(c), 55/2011 s. 12(2).

(1) The owner of a restricted breed dog must notify the Council of the municipal district in which the dog is kept, within 24 hours, if—

(a) the dog is missing; or

S. 41F(1)(aa) inserted by No. 69/2004 s. 29(b).

(aa) the owner's address changes; or

S. 41F(1)(ab) inserted by No. 69/2004 s. 29(b).

(ab) the place where the dog is kept changes; or

S. 41F(1)(ac) inserted by No. 55/2011 s. 12(1).

(ac) the dog is sold, given or otherwise transferred to them under section 41K; or

S. 41F(1)(b) amended by No. 8/2014 s. 9(1).

(b) the ownership of the dog changes; or

S. 41F(1)(c) inserted by No. 8/2014 s. 9(2).

(c) the municipal district in which the dog is kept changes.

S. 41F(1A) inserted by No. 55/2011 s. 12(3).

(1A) Notice given under subsection (1)(ac) must include details of the relationship between the new owner and the previous owner of the restricted breed dog.

S. 41F(1AB) inserted by No. 14/2025 s. 16(1).

(1AB) A notice given under subsection (1)(aa) must include the new address of the owner.

S. 41F(1AC) inserted by No. 14/2025 s. 16(1).

(1AC) A notice given under subsection (1)(ab) must include the address of the new place at which the dog is kept.

S. 41F(2) substituted by No. 55/2011 s. 12(3).

(2) If a person proposes to sell or give a restricted breed dog to another person or otherwise transfer the ownership of the dog to another person, the person must, before doing so, advise the other person in writing that the dog is a restricted breed dog.

Section 41K prohibits a person from selling, giving or otherwise transferring ownership of a restricted breed dog except in certain circumstances.

S. 41F(3) inserted by No. 14/2025 s. 16(2).

(3) The owner of a restricted breed dog must notify the Council of the municipal district in which the dog is kept within 14 days of the owner becoming aware of the death of the dog (other than in the case of destruction in accordance with this Act).

S. 41G inserted by No. 83/2001 s. 17, substituted by No. 103/2003 s. 8.

41G Restraint of restricted breed dogs when on owner's premises

S. 41G(1) amended by No. 55/2011 s. 13.

(1) When a restricted breed dog is on the premises of the owner of the dog the owner must ensure that—

(a) if the dog is inside any dwelling on the premises, it is confined in such a manner—

(i) that it cannot escape; and

S. 41G(1)(a)(ii) amended by No. 29/2012 s. 14.

(ii) that a person cannot enter the dwelling unless admitted by an occupier of the premises who is of or over 18 years of age; and

(b) that there is on the premises, outside any dwelling, a prescribed enclosure; and

(c) when the dog is not inside any dwelling on the premises, the dog is kept in a prescribed enclosure.

(2) In this section prescribed enclosure has the same meaning as in section 38.

S. 41H inserted by No. 83/2001 s. 17, amended by No. 55/2011 s. 14.

41H Warning signs for restricted breed dogs

The owner of a restricted breed dog must display warning signs, which comply with the regulations, at all entrances to the premises where the dog is kept, warning people that a restricted breed dog is kept at the premises.

Penalty: For a first offence, 5 penalty units;

For a second or subsequent offence, 10 penalty units.

S. 41HA inserted by No. 55/2011 s. 15.

41HA Identification of restricted breed dogs

The owner of a restricted breed dog must ensure that at all times the dog wears a collar of the kind prescribed.

Penalty: 40 penalty units.

S. 41I inserted by No. 83/2001 s. 17, amended by Nos 65/2007 s. 17, 55/2011 s. 16.

41I Restraint of restricted breed dogs off the owner's premises

If a restricted breed dog is outside the premises of its owner and is not—

the owner of that dog and any person for the time being in charge of the dog are guilty of an offence and liable to a penalty of not more than 40 penalty units.

S. 41J inserted by No. 83/2001 s. 17.

41J Limitation on ownership of restricted breed dogs

S. 41J(1) amended by No. 55/2011 s. 17.

(1) A person must not own more than 2 restricted breed dogs unless that person has a permit from the Council of the municipal district in which the dogs are kept to do so.

S. 41J(1A) inserted by No. 65/2007 s. 18(1).

(1A) An owner of a restricted breed dog that is kept at a premises, which the owner occupies and at which more than 2 restricted breed dogs are kept, is guilty of an offence and liable to a penalty of not more than 5 penalty units.

S. 41J(1B) inserted by No. 65/2007 s. 18(1).

(1B) Subsection (1A) does not apply if the Council of the municipal district in which the dogs are kept has issued a permit allowing more than 2 restricted breed dogs to be kept at the premises.

S. 41J(2) substituted by No. 65/2007 s. 18(2).

(2) A Council may issue a permit—

(a) to a person permitting that person to own more than 2 restricted breed dogs; or

(b) to a person in respect of premises allowing more than 2 restricted breed dogs to be kept at the premises.

S. 41J(3) amended by No. 65/2007 s. 18(3).

(3) An application for a permit under subsection (2)(a) or (2)(b) must be—

(a) in writing in the form approved by the Council; and

(b) accompanied by the fee determined by the Council for such an application.

(4) A permit—

(a) is subject to any terms and conditions determined by the Council; and

(b) remains in force for the period not exceeding 2 years determined by the Council; and

(c) may be renewed on application to the Council.

S. 41J(5) amended by No. 55/2011 s. 17.

(5) The holder of a permit must comply with the terms and conditions of the permit.

S. 41J(6) inserted by No. 65/2007 s. 18(4), amended by No. 55/2011 s. 17.

(6) Any person who occupies premises in respect of which a permit is issued under subsection (2)(b) and who owns a restricted breed dog kept at the premises, must comply with the terms and conditions of the permit.

S. 41K inserted by No. 83/2001 s. 17, substituted by No. 55/2011 s. 18.

41K Prohibition on transfer of ownership of restricted breed dogs

(1) A person must not sell or transfer (whether by giving or otherwise) ownership of a restricted breed dog to another person.

(2) Subsection (1) does not apply if the person surrenders the dog to a Council or a person who provides pound services to a Council under an agreement with the Council under section 84Y so that the Council or that person may destroy the dog.

(3) Subsection (1) does not apply if—

(a) the owner of the dog has died; and

(b) the dog was registered as a restricted breed dog or another breed of dog in Victoria immediately before the commencement of the Domestic Animals Amendment (Restricted Breeds) Act 2011; and

S. 41K(3)(c) amended by No. 29/2012 s. 15.

(c) the person sells or transfers (by giving, or otherwise) ownership of the dog to the husband, wife, domestic partner, parent, child or sibling (a related person) of the owner of the dog and that related person is of or over the age of 18 years.

S. 41K(4) def. of domestic partner amended by No. 21/2022 s. 76.

domestic partner has the same meaning as in the Family Violence Protection Act 2008.

S. 41L inserted by No. 83/2001 s. 17, amended by Nos 65/2007 s. 19, 55/2011 s. 19, 29/2012 s. 16.

41L Prohibition on minor having control of dog outside owner's premises

If a person who is less than 18 years of age is in charge of a restricted breed dog outside the premises of the dog's owner, the owner is guilty of an offence and liable to a penalty of not more than 10 penalty units.

Division 4—Powers and duties of Councils with respect to the control of dogs and cats

42 Power of Councils to make local laws

A Council may make a local law for or with respect to all or any of the following—

(a) regulating the number of dogs or cats which may be kept on premises situated in the municipal district of the Council;

(b) prohibiting or regulating the keeping of dogs or cats in a specified area of the municipal district of the Council where threatened native fauna are at risk of attack;

(c) requiring owners of dogs to remove and dispose of faeces deposited by their dogs in public places.

S. 43 amended by No. 69/2017 s. 16.

43 Power of authorised officer to destroy animals at large in specified areas

If a Council has made a local law prohibiting the keeping of dogs or cats in a specified area of the municipal district of the Council, a Council authorised officer for that municipal district may destroy any prohibited animal found at large in that area.

44 Power of Councils to require restraint of animals

(1) If a Council has made a local law prohibiting the keeping of any dog or cat in a specified area of the municipal district of the Council, the Council may require the owner of any dog or cat kept in that area immediately before the law is made—

(a) to confine the animal indoors or in a totally enclosed pen on the owner's premises; and

(b) when the animal is outside the owner's premises, to confine the animal to an enclosed vehicle.

(2) The Council must give the owner notice in writing of this requirement.

Pt 3A (Heading and ss 44AA–44AI) inserted by No. 69/2004 s. 30.

Part 3A—Register of dangerous, menacing and restricted breed dogs

S. 44AA inserted by No. 69/2004 s. 30.

44AA Definition of inspect

In this Part inspect in relation to the register kept under this Part, includes the obtaining of information kept on the register either orally or in writing.

S. 44AB inserted by No. 69/2004 s. 30.

44AB Secretary must keep register of dangerous, menacing and restricted breed dogs

(1) The Secretary must keep a register of dangerous and menacing dogs and dogs that have been declared to be restricted breed dogs under this Act.

(2) The register must—

(a) be kept in accordance with the regulations; and

(b) contain the information provided to the Secretary by a Council under sections 44AE, 44AG and 103 relating to dangerous and menacing dogs, dogs declared to be restricted breed dogs under this Act and the owners of those dogs.

S. 44AC inserted by No. 69/2004 s. 30.

44AC Persons who may inspect the register

(1) The following persons may, in accordance with the regulations, inspect information kept in the register—

(a) the Secretary or a person employed in the Department acting in the course of his or her duties under this Act;

S. 44AC(1)(b) amended by No. 69/2017 s. 17.

(b) a Departmental authorised officer or a Council authorised officer acting in the course of his or her duties under this Act;

(c) a Council or a person engaged or employed by a Council acting in the course of his, her or its duties under this Act.

(2) A person to whom any one of the following paragraphs applies may, in accordance with the regulations, inspect information kept in the register relating to a particular dog for the purpose set out in the paragraph which applies to that person—

(a) the owner of the dog, for the purposes of confirming details relating to the dog and the owner;

(b) a person to whom the owner of the dog has given consent, for the purposes of confirming details relating to the dog and the owner;

(c) a person who wishes to purchase the dog, for the purposes of confirming whether the dog is a dangerous or menacing dog or a dog that has been declared to be a restricted breed dog under this Act;

(d) a veterinary practitioner who is in the course of carrying on his or her practice, for the purposes of confirming whether the dog he or she is treating or intends to treat is a dangerous or menacing dog or a dog that has been declared to be a restricted breed dog under this Act;

S. 44AC(2)(e) amended by No. 65/2007 s. 44(Sch. 1 item 1).

(e) the holder of an animal registry licence who is in the course of carrying on the business of providing an animal registry service, for the purposes of confirming whether the dog is a dangerous or menacing dog or a dog that has been declared to be a restricted breed dog under this Act;

(f) the proprietor of a domestic animal business that is an animal shelter who is in the course of conducting that business on a premises registered for that purpose under Division 1 of Part 4, for the purposes of confirming whether the dog is a dangerous or menacing dog or a dog that has been declared to be a restricted breed dog under this Act;

(g) a person employed or engaged by a person referred to in paragraph (d), (e) or (f) who is in the course of carrying out his or her duties as such an employee or under the engagement (as the case may be), for the purposes set out in the relevant paragraph;

(h) a person approved by the Secretary for the purposes of carrying out research (including the compilation, analysis and publication of statistics relating to dangerous dogs, menacing dogs or dogs that have been declared to be restricted breed dogs under this Act) except information that relates to the owner of the dog.

(3) A person who, in accordance with subsection (2) inspects information kept in the register, may request a copy of that information on the payment of the prescribed fee for the giving of such a copy to the person.

S. 44AD inserted by No. 69/2004 s. 30.

44AD Offence to inspect etc. information in register

A person must not inspect or attempt to inspect information kept in any part of the register unless the person is authorised to do so under section 44AC.

S. 44AE inserted by No. 69/2004 s. 30.

44AE Councils to provide details of dangerous, menacing or restricted breed dogs to Secretary

A Council must provide to the Secretary the information set out in section 44AF relating to—

(a) a dog that is a dangerous dog by virtue of the operation of section 34A, within 7 days after—

(i) receiving a notification from the owner of the dog under section 37(1), 37(1A) or 37(1B); or

(ii) becoming aware that the dog is of a class of dog described in section 37(1), 37(1A) or 37(1B); and

(b) a dog that is declared by the Council under section 34(1) to be a dangerous dog or declared by the Council under section 41A(1) to be a menacing dog, within 7 days after—

(i) the end of the period during which a person may apply to the Victorian Civil and Administrative Tribunal for a review of the decision of the Council to make the declaration; or

(ii) if the person applies to the Tribunal for a review of the decision to make the declaration—

(A) the day the person withdraws or abandons the application; or

(B) the day that the Tribunal dismisses, strikes out or otherwise terminates proceedings in relation to the application; or

(C) the day that the Tribunal affirms the decision of the Council to make the declaration—

whichever occurs first; and

(c) a dog that is declared by the owner of the dog to be a restricted breed dog under section 10(3), within 7 days after receiving that declaration; and

S. 44AE(d) amended by No. 69/2017 s. 18.

(d) a dog that is declared by a Council authorised officer under section 98A to be a restricted breed dog, within 7 days after—

S. 44AE(d)(i) amended by No. 44/2010 s. 14(a).

(i) the end of the period during which a person may apply to the Victorian Civil and Administrative Tribunal for a review of the decision of the authorised officer to make the declaration; or

S. 44AE(d)(ii) amended by No. 44/2010 s. 14(a).

(ii) if the person applies to the Victorian Civil and Administrative Tribunal for a review of the decision to make the declaration—

(A) the day the person withdraws or abandons the application; or

S. 44AE(d)
(ii)(B) amended by No. 44/2010 s. 14(b).

(B) the day that the Victorian Civil and Administrative Tribunal dismisses, strikes out or otherwise terminates proceedings in relation to the application; or

S. 44AE(d)
(ii)(C) amended by No. 44/2010 s. 14(b).

(C) the day that the Victorian Civil and Administrative Tribunal affirms the decision of the authorised officer to make the declaration—

whichever occurs first.

S. 44AEA inserted by No. 44/2010 s. 15.

44AEA Councils to provide details of dogs destroyed in certain circumstances to Secretary

A Council must provide to the Secretary the following information relating to a dog that has been destroyed under section 84TA, 84TB or 84TC—

S. 44AEA(a) amended by No. 69/2017 s. 19.

(a) the reasons for the dog being destroyed, including, in the case of a dog destroyed under section 84TA, the basis upon which a Council authorised officer formed the reasonable belief under section 84TA(1)(c);

(b) the time and date of destruction of the dog;

(c) the following information (if known) relating to the dog—

(i) the name, address and contact details of the owner of the dog;

(ii) the number of any prescribed permanent identification device that was implanted in the dog;

(iii) the sex and the reproductive status of the dog;

(iv) the date of birth or age of the dog;

(v) the breed and colour of the dog.

S. 44AF inserted by No. 69/2004 s. 30.

44AF Details of dangerous, menacing or restricted breed dogs to be provided by Councils

For the purposes of section 44AE, the following information must be provided to the Secretary by a Council—

(a) the name, address and contact details of the owner of the dog;

(b) the place that the dog is kept;

(c) the number of any prescribed permanent identification device that has been implanted in the dog;

(d) the registration number of the dog;

(e) the sex and the reproductive status of the dog;

(f) the date of birth or age of the dog;

(g) the breed and colour of the dog;

(h) in the case of a dog declared to be a dangerous or menacing dog, the name of the Council or the Council officer who made or initiated the declaration and the date the declaration was made;

(i) in the case of a dog declared to be a dangerous dog, the reasons for the dog being so declared;

(j) in the case of a dog declared to be a restricted breed dog by the owner of the dog under section 10(3), the date the declaration was made;

S. 44AF(k) amended by No. 69/2017 s. 20.

(k) in the case of a dog declared to be a restricted breed dog by a Council authorised officer under section 98A, the name of that officer and the date the declaration was made;

(l) the municipal district in which a declaration referred to in paragraph (h), (j) or (k) was made;

(m) the Council reference number;

(n) any other information required by the regulations for the purposes of this section.

S. 44AG inserted by No. 69/2004 s. 30, amended by No. 14/2025 s. 17.

44AG Council to provide information about owners of dangerous, menacing or restricted breed dogs

A Council must provide to the Secretary the following information within 7 days after receiving notification from an owner of a dog under section 37(2), 41D(1) or 41F(1)—

(a) details of any change in ownership of the dog;

(b) details of any change in the address of the owner of the dog;

S. 44AG(c) amended by No. 8/2014 s. 10(a).

(c) details of any change in the place where the dog is kept;

S. 44AG(d) inserted by No. 8/2014 s. 10(b).

(d) details of any change in the municipal district in which the dog is kept.

S. 44AGA inserted by No. 14/2025 s. 18.

44AGA Council to provide information if notified by owner of death of dangerous, menacing or restricted breed dog

A Council must provide to the Secretary the following information within 7 days after receiving a notification from an owner under section 37(5), 41D(4) or 41F(3)—

(a) the number of any prescribed permanent implantation device that was implanted in the dog;

(b) the municipal district in which the dog resided;

(c) the date of the dog's death (if known).

S. 44AH inserted by No. 69/2004 s. 30.

44AH Secretary may request confirmation of information provided by Councils

(1) Once in any 12 month period the Secretary may request in writing that a Council provide the Secretary with a written statement as to whether any information previously provided to the Secretary by the Council under section 44AE, 44AG or 103 and set out in the request is still accurate according to the records of the Council.

(2) A Council that receives a request under subsection (1) must provide the Secretary with
the statement within 28 days after receiving the request.

S. 44AI inserted by No. 69/2004 s. 30.

44AI Secretary may contract out management of the register

The Secretary may enter into a contract with a person under which that person maintains and manages the register.

Pt 4 (Heading) substituted by No. 69/2017 s. 21.

Part 4—Regulation of domestic animal businesses and related matters

Division 1—Registration

S. 44A
inserted by No. 87/2000 s. 21.

44A Application of Division

S. 44B
inserted by No. 69/2017 s. 22.

This Division does not apply to a domestic animal business (other than an animal shelter or pound) conducted by a Council.

44B Ten fertile female dog limit for breeding domestic animal business

(1) A proprietor of a breeding domestic animal business must not conduct the business on a premises where more than 10 relevant fertile female dogs are kept.

(2) A person who is the proprietor of the breeding domestic animal business does not commit an offence under subsection (1) if the person is an approved commercial dog breeder.

S. 45 amended by No. 75/2011 s. 6.

45 Offence to conduct domestic animal business on unregistered premises

A person must not conduct a domestic animal business on a premises which is not registered for that purpose with the Council of the municipal district in which the business is conducted.

In any other case, 164 penalty units.

S. 45A inserted by No. 69/2017 s. 23,
repealed by No. 81/1994 s. 45A(3).

46 Application for registration

(1) A person may apply to a Council to register a premises as a premises on which a domestic animal business is conducted.

S. 46(2) amended by No. 69/2017 s. 24(1).

(2) The application must be made in the form approved by the Council and contain the information required by the Council and any other prescribed information.

S. 46(3) inserted by No. 69/2017 s. 24(2).

(3) An applicant must give the Council any further information relating to the application that the Council requires.

47 Registration of premises

(1) If a person has applied to have a premises registered with the Council as a premises on which a domestic animal business may be conducted, the Council may register that premises for that purpose.

S. 47(1A) inserted by No. 75/2011 s. 7, amended by Nos 17/2016 s. 17(Sch. 1 item 4), 69/2017 s. 25.

(1A) Before a Council registers premises under subsection (1), a Council authorised officer of that Council may enter and inspect the premises to determine whether the premises complies with a relevant business code of practice.

(2) The Council may impose any terms, conditions, limitations or restrictions on that registration.

S. 47(3) inserted by No. 87/2000 s. 22.

(3) If a premises has been registered for the purposes of a domestic animal business, the person who conducts the business must comply with the terms, conditions, limitations or restrictions, if any, on that registration.

48 Term and renewal of registration

(1) A registration under this Part may be renewed annually and continues in force until 10 April in the year following the registration or renewal or until a change in ownership of the business.

S. 48(2) amended by No. 69/2017 s. 26(1).

(2) The proprietor of a domestic animal business may renew the registration of the premises on which that business is conducted by applying to the Council in writing no less than 30 days before the registration is due to expire.

S. 48(3) inserted by No. 69/2017 s. 26(2).

(3) An application for renewal of registration must be made in the form approved by the Council and contain the information required by the Council and any other prescribed information.

S. 48(4) inserted by No. 69/2017 s. 26(2).

(4) An applicant for renewal of registration must give the Council any further information relating to the application that the Council requires.

49 Fees for registration and renewal of registration

(1) A person who has applied for registration or renewal of registration of premises on which a domestic animal business is being conducted, must pay the fee fixed by the Council with that application.

(2) The Council may refund the whole or any part of a fee fixed for applications under this Division.

S. 50
amended by No. 87/2000 s. 23.

50 Animal shelter or pound conducted by Council

In the case of an animal shelter or pound conducted by a Council in the municipal district of that Council, the provisions as to the making of applications and the payment of fees under this Division do not apply.

Division 2—Surrender or transfer of registration

S. 50A
inserted by No. 87/2000 s. 24.

50A Application of Division

This Division does not apply to a domestic animal business (other than an animal shelter or pound) conducted by a Council.

51 Surrender of registration

The proprietor of a domestic animal business may surrender the registration of the premises on which that business is conducted by notice to the Council in writing.

S. 52 substituted by No. 69/2017 s. 27.

52 Transfer of registration

(1) The proprietor of a domestic animal business may apply to the Council to transfer registration of the premises on which the business is conducted to a new premises.

(2) An application under subsection (1) must be—

(a) in writing in a form approved by the Council and contain the information required by the Council and any other prescribed information; and

(b) given to the Council at least 30 days before the transfer is made; and

(c) accompanied by the fee fixed by the Council.

(3) A person making an application under subsection (1) must give the Council any further information relating to the transfer of registration that the Council requires.

(4) If the Council has received an application under subsection (1), it may register the new premises as the premises on which the domestic animal business may be conducted and may impose terms, conditions, limitations and restrictions on that registration.

S. 53
repealed by No. 87/2000 s. 25.

Division 3—Refusal to register or suspension or revocation of registration

54 Powers of Council

(1) A Council may—

(a) refuse to register or to renew the registration of a premises; or

(b) refuse to transfer registration to a new premises; or

(c) suspend the registration of a premises; or

(d) revoke the registration of a premises.

S. 54(2) amended by Nos 71/2014 s. 14(1), 69/2017 s. 28(1)(a).

(2) Subject to subsections (3), (3A) and (3B) and sections 54A, 54B, 54C and 54D, a Council may act under subsection (1) if it is satisfied that—

S. 54(2)(a) amended by No. 17/2016 s. 17(Sch. 1 item 5).

(a) the proprietor or person applying for registration has failed to comply with the Act, the regulations, any business code of practice applying to the business, or the terms, conditions, limitations or restrictions on registration; or

S. 54(2)(b) substituted by No. 69/2017 s. 28(1)(b).

(b) the proprietor or person applying for registration has been found guilty of—

(iii) an offence against a law of another State or a Territory of the Commonwealth that corresponds with a law referred to in subparagraph (i) or (ii); or

S. 54(2)(c) inserted by No. 69/2017 s. 28(1)(b).

(c) a relevant person in relation to the domestic animal business that is or is proposed to be conducted on the premises is a relevant person in relation to another domestic animal business (wherever situated) that is a pet shop, pound, animal shelter or breeding domestic animal business.

Note to s. 54(2) inserted by No. 69/2017 s. 28(2), repealed by No. 3/2022 s. 39(1).

S. 54(3) inserted by No. 71/2014 s. 14(2).

(3) A Council must refuse to register or renew the registration of a premises in relation to a breeding domestic animal business if the Council is satisfied that a relevant person has, at any time within 10 years preceding the date of the application for registration—

(a) been found guilty of a specified offence; or

(b) been the subject of an order made under section 12(1) of the Prevention of Cruelty to Animals Act 1986; or

(c) been the subject of an order registered under section 12A(2) of the Prevention of Cruelty to Animals Act 1986.

S. 54(3A) inserted by No. 69/2017 s. 28(3).

(3A) The Council must refuse to register, renew the registration of, or transfer the registration of, a premises on which a domestic animal business is or is proposed to be conducted that is an animal shelter, a pet shop or a pound if a relevant person in relation to the domestic animal business is a relevant person in relation to a breeding domestic animal business (wherever situated).

S. 54(3B) inserted by No. 69/2017 s. 28(3).

(3B) The Council must refuse to register, renew the registration of or transfer the registration of a premises on which a domestic animal business is or is proposed to be conducted that is a breeding domestic animal business, if a relevant person in relation to that domestic animal business is a relevant person in relation to an animal shelter, pet shop or pound (wherever situated).

S. 54(4) inserted by No. 71/2014 s. 14(2), amended by No. 69/2017 s. 28(4)(a).

S. 54(4) def. of relevant person substituted by No. 69/2017 s. 28(4)(b).

relevant person, in relation to a domestic animal business means any of the following—

(a) the proprietor of the business;

(b) the person who conducts the business;

(c) the person applying for registration, renewal of registration or transfer of registration of premises on which the business is being or is to be conducted;

S. 54(4) def. of specified offence amended by Nos 17/2016 s. 18, 69/2017 s. 28(4)(c).

specified offence means an offence against any of the following provisions of the Prevention of Cruelty to Animals Act 1986—

(a) section 9(1);

(b) section 10(1);

(c) section 12AF;

(d) section 12A(8);

(e) section 15C(1);

(f) section 15C(2).

S. 54A inserted by No. 69/2017 s. 29.

54A Registration where another domestic animal business on rateable property

(1) If an application is made to register, renew the registration of or transfer registration of premises for a breeding domestic animal business, the Council must refuse to register the premises in respect of which the application is made if—

(a) another breeding domestic animal business is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located; or

(b) an animal shelter is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located; or

(c) a pet shop is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located.

(2) If an application is made to register, renew the registration of or transfer the registration of premises for an animal shelter, the Council must refuse to register the premises in respect of which the application is made if a breeding domestic animal business or a pet shop is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located.

(3) If an application is made to register, renew the registration of or transfer the registration of premises for a pet shop, the Council must refuse to register the premises in respect of which the application is made if a breeding domestic animal business or an animal shelter is being conducted, or is proposed to be conducted, on the rateable property on which the premises is located.

S. 54B inserted by No. 69/2017 s. 29.

54B Registration of breeding domestic animal business premises—10 relevant fertile female dog limit

(1) The Council must refuse to register the premises on which a breeding domestic animal business is proposed to be conducted, if the Council is satisfied that more than 10 relevant fertile female dogs are proposed to be kept at the premises.

(2) Subsection (1) does not apply if the breeding domestic animal business is to be conducted by a proprietor who is an approved commercial dog breeder.

S. 54C inserted by No. 69/2017 s. 29.

54C Transfer of registration of breeding domestic animal business premises—10 relevant fertile female dog limit

(1) The Council must refuse to transfer the registration of premises on which a breeding domestic animal business is being conducted to another premises, if the Council is satisfied that more than 10 relevant fertile female dogs are proposed to be kept at the other premises.

(2) Subsection (1) does not apply if the breeding domestic animal business is to be conducted by a proprietor who is an approved commercial dog breeder.

S. 54D inserted by No. 69/2017 s. 29.

54D Renewal of registration of breeding domestic animal business premises—10 relevant fertile female dog limit

(1) On and from 10 April 2020, the Council must refuse to renew the registration of a premises on which a breeding domestic animal business is being conducted, if the Council is satisfied that more than 10 relevant fertile female dogs are being kept or are proposed to be kept at the premises.

(2) Subsection (1) does not apply if the breeding domestic animal business is being conducted by a proprietor who is an approved commercial dog breeder.

S. 54E inserted by No. 69/2017 s. 29,
repealed by No. 81/1994 s. 54E(4).

S. 55 amended by Nos 69/2017 s. 30,
3/2022
s. 39(2).

55 Council to give notice

If a Council proposes to exercise its powers under section 54, 54A, 54B, 54C or 54D it must give notice of that intention to the proprietor or person applying for registration before acting under that section.

56 Council to hear proprietor or applicant

S. 56(1) amended by Nos 69/2017 s. 31,
3/2022
s. 39(2).

(1) Before acting under section 54, 54A, 54B, 54C or 54D the Council must give the proprietor or person applying for registration an opportunity to make both oral and written submissions to it.

(2) The Council must take into consideration any submissions made to it.

57 Notice of Council's decision

(1) The Council must serve notice of its decision on the proprietor or person applying for registration, either in person or by registered post, within 7 days after the making of the decision.

(2) The Council must give reasons for its decision in the notice.

S. 57A inserted by No. 69/2004 s. 31.

57A Court may cancel or revoke registration

(1) If, in any proceedings before a court—

(a) the holder of a registration under Division 1 of Part 4 of a premises on which a domestic animal business may be conducted is convicted or found guilty of an offence against this Act or the regulations or an offence against the Prevention of Cruelty to Animals Act 1986 or the regulations made under that Act; and

(b) the court is of the opinion that the registration should be suspended or revoked—

the court may make an order under subsection (2) or refer the matter to the Council that registered the premises.

(2) For the purposes of subsection (1) the court may—

(a) order that the registration be suspended for a period not exceeding one year; or

(b) order that the registration be revoked.

(3) The Registrar or other relevant officer of the court must immediately forward a copy of an order made under subsection (2) to the Council.

Pt 4 Div. 3A (Heading) inserted by No. 87/2000 s. 26, repealed by No. 76/2005 s. 16.

S. 58
substituted by Nos 87/2000 s. 26, 76/2005 s. 17.