Part 3ARegister of dangerous, menacing and restricted breed dogs

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.