100Regulations

100 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the principles to apply to schemes for fees for the registration of dogs and cats; and S. 100(1)(ab) inserted by No. 44/2010 s. 29. (ab) prescribing a standard for restricted breed dogs for the purposes of section 3(3); and S. 100(1)(ac) inserted by No. 69/2017 s. 96(1). (ac) in relation to applicable organisations and approved dog obedience training organisations— (i) reports to be provided by applicable organisations, including the form and content of the reports, the intervals at which the reports must be provided and any information or documents accompanying the reports; and (ii) fees to be charged for assessing an application by an organisation under section 5A, 5B or 5C; and (iii) reports to be provided by approved dog obedience training organisations or dog obedience training organisations seeking approval, including the form and content of the reports and any information or documents accompanying the reports; and S. 100(1)(ad) inserted by No. 69/2017 s. 96(1). (ad) requirements relating to the provision of dog obedience training by or on behalf of approved dog obedience training organisations, including requirements as to the training of individuals to carry out dog obedience training for or on behalf of those organisations; and S. 100(1)(ae) inserted by No. 69/2017 s. 96(1). (ae) animal sale permits including— (i) fees to be charged for applications for animal sale permits; and (ii) prescribing criteria in relation to applicants for animal sale permits; and (iii) prescribing conditions that apply to animal sale permits; and (iv) any other matter relating to the sale of animals under animal sale permits; and S. 100(1)(af) inserted by No. 69/2017 s. 96(1). (af) the sale of caged birds, including the details to be included in a notification of a caged bird sale given to the Secretary by a declared bird organisation under section 58U; and (b) the marking of dogs and cats to enable their identification or any other method of identifying dogs and cats; and S. 100(1)(ba) inserted by No. 103/2003 s. 27(1). (ba) prescribing classes of permanent identification devices; and S. 100(1)(bb) inserted by No. 103/2003 s. 27(1). (bb) prescribing the standards that are to apply to prescribed permanent identification devices and the scanning of such devices; and S. 100(1)(bc) inserted by No. 103/2003 s. 27(1). (bc) prescribing the methods of implantation of permanent identification devices, including the procedures and standards in the handling of animals being implanted with such devices; and S. 100(1)(bd) inserted by No. 103/2003 s. 27(1), amended by No. 65/2007 s. 41(1). (bd) in relation to the record keeping of holders of animal registry licences, providing for— (i) the content of, and procedures relating to, keeping the records of the licence holder; and (ii) access to and provision of information kept in the records; and (iii) persons who can access the records or obtain information from the records; and (iv) prohibiting and regulating charges for the provision of access to, or information kept in, the records; and S. 100(1)(be) inserted by No. 103/2003 s. 27(1), substituted by No. 65/2007 s. 41(2). (be) charges made by the holders of animal registry licences for the provision of animal registry services; and S. 100(1)(bf) inserted by No. 103/2003 s. 27(1), amended by No. 65/2007 s. 41(1). (bf) the duties and obligations of persons (including implanters and owners of animals that have been implanted with permanent identification devices) in relation to the provision of information to the holders of animal registry licences; and S. 100(1)(bg) inserted by No. 103/2003 s. 27(1), amended by No. 65/2007 s. 41(3). (bg) any other matter related to the implantation of animals of prescribed classes of animal with permanent identification devices; and (c) enclosures in which dogs or cats are required to be kept; and (d) warning signs to be displayed at premises where dangerous dogs are kept; and S. 100(1)(da) inserted by No. 69/2017 s. 108. (da) matters relating to the information register including— (i) circumstances in which the information register may be inspected; and (ii) the manner in which the information may be inspected; and (iii) the information that any particular person or class of person may obtain from the register; and (iv) information to be given to the Secretary for the Secretary to include in the information register; and (v) any other relevant matters; and S. 100(1)(db) inserted by No. 69/2017 s. 108. (db) matters relating to the issue of source numbers, including— (i) fees for the issue or renewal of numbers; and (ii) information to be included in applications for the issue or renewal of numbers; and (iii) reasons for the cancellation, suspension or non-renewal of numbers; and (e) conditions and restrictions which may be imposed on registration of premises where domestic animal businesses are conducted; and S. 100(1)(ea) inserted by No. 69/2017 s. 96(2). (ea) the prohibition or regulation of the sale or giving away of dogs and cats kept in foster care; or S. 100(1)(eb) inserted by No. 69/2017 s. 96(2). (eb) prescribing records to be kept by registered foster carers, including, in relation to any dog or cat kept in foster care by the carer— (i) details of the dog or cat; and (ii) details of the person from whom the dog or cat has been obtained and to whom the dog or cat is sold or given; and S. 100(1)(ec) inserted by No. 69/2017 s. 96(2). (ec) prescribing requirements for medical treatment to be carried out on any dog or cat kept in foster care before the dog or cat is sold or given away (including vaccination, worming and desexing); and S. 100(1)(ed) inserted by No. 69/2017 s. 96(2). (ed) information to be given in applications for registration, renewals of registration and transfers of registration of premises where domestic animal businesses are conducted; and (f) notification of change of address of registered dog and cat owners; and S. 100(1)(fa) inserted by No. 69/2004 s. 35. (fa) in relation to the register kept by the Secretary under Part 3A— (i) information to be provided to the Secretary for the purposes of the register; and (ii) the manner and procedures for the giving of any information to the Secretary required for the purposes of the register; and (iii) the form of the register and the manner of keeping information, and the information, to be kept in the register; and (iv) persons or classes of person who may inspect (within the meaning of Part 3A) and obtain information from the register and the purposes for which inspections of the register may be made; and (v) the procedures (including the times and methods of inspection) relating to the inspection of information kept in the register and the obtaining of that information; and (vi) the fees that may be charged for obtaining information from the register and the persons or classes of person that are to be charged such fees; and S. 100(1)(fab) inserted by No. 30/2022 s. 47. (fab) reuniting seized or found dogs and cats with owners, including matters relating to— (i) identifying and contacting the owners of seized or found dogs and cats; and (ii) relinquishing or delivering seized or found dogs and cats; and S. 100(1)(fac) inserted by No. 30/2022 s. 47. (fac) the duties and obligations of Council authorised officers and Council contracted authorised officers in relation to deceased dogs and cats found on Council land including identifying and contacting the owners of found deceased dogs and cats; and S. 100(1)(fb) inserted by No. 65/2007 s. 41(4). (fb) prescribing infringement offences for the purposes of Part 7B; and S. 100(1)(fc) inserted by No. 65/2007 s. 41(4), amended by Nos 55/2011 s. 21(1), 75/2011 s. 24, 17/2016 s. 17(Sch. 1 item 21). (fc) prescribing, for the purposes of Part 7B, penalties not exceeding 12 penalty units or, in the case of an offence against section 63A or 63AE that is committed by a body corporate, 60 penalty units for infringement offences; and (g) forms for the purposes of this Act; and (h) fees for the purposes of this Act; and (i) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. S. 100(1A) inserted by No. 69/2017 s. 96(3). (1A) As to fees that may be prescribed under this Act, the regulations may provide for— (a) maximum or minimum fees; and (b) the reduction, waiver or refund, in whole or in part, of fees; and (c) scales of fees according to different cases or different classes of case; and (d) methods of calculation of fees according to different cases or different classes of case. (2) Regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances; and S. 100(2)(c) amended by No. 103/2003 s. 27(2)(a). (c) may leave any matter to be approved or determined by the Minister, the Secretary or an authorised officer; and S. 100(2)(ca) inserted by No. 103/2003 s. 27(2)(b). (ca) may confer discretionary authority or impose a duty on a specified person or a specified class of person; and S. 100(2)(cb) inserted by No. 103/2003 s. 27(2)(b). (cb) may provide in a specified case or a specified class of case for the exemption of a class of people or things from any provision of the regulations, whether unconditionally or on specified conditions and whether wholly or to such an extent as is specified in the regulations; and S. 100(2)(d) amended by Nos 65/2007 s. 41(5), 55/2011 s. 21(2). (d) may impose penalties not exceeding 20 penalty units for contravention of the regulations. S. 100(2A) inserted by No. 103/2003 s. 27(3). (2A) Regulations made under this Act may be made so as to apply, adopt or incorporate any matter contained in any code, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (a) wholly or partially or as amended by the regulations; or S. 100(2A)(b) amended by No. 76/2005 s. 24(a). (b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or S. 100(2A)(c) inserted by No. 76/2005 s. 24(b). (c) as amended from time to time. S. 100(3) amended by No. 78/2010 s. 24(Sch. 1 item 11.1). (3) The regulations may be disallowed in whole or in part by resolution of either House of Parliament. S. 100(4) repealed by No. 78/2010 s. 24(Sch. 1 item 11.2). S. 100A inserted by No. 8/2014 s. 31.