Australian Capital Territory act

Domestic Animals Act 2000

In ForceACT

Jurisdiction

Australian Capital Territory

Act Number

86 of 2000

Collection

act

Plain English Summary

8/10 complexity

What this law does (mechanically, in plain steps)

Establishes a central register and a registrar who runs it (s 5, s 121). The registrar records and issues registration numbers and certificates for dogs and cats (ss 6–11; ss 84AA–84AH).
Makes microchipping, identification and registration mandatory for most dogs and cats and ties other entitlements to registration (see s 7, s 84AB, s 83–84).
Requires de-sexing of dogs and cats above set ages unless a permit is granted; creates a permit and breeding‑licence system for breeders and greyhound owners (ss 73–79; ss 72–72M).
Creates multiple licence streams and conditions: multiple‑dog and multiple‑cat licences; dangerous‑dog licences; racing greyhound controller licences; and breeder licences (ss 18–21; ss 84A–84DB; ss 22–28; ss 39A–39J; ss 72A–72M).
Sets out public‑safety and nuisance rules: where dogs may be taken, leashing and control obligations, disposal of faeces, female dogs on heat, prohibited areas (ss 40–47, 41–44, 46–47, 42–43).
Defines and criminalises attacking/harassing behaviour by dogs and linked human conduct (provoking, encouraging attacks); imposes civil liability for injuries and costs of impounding (ss 49–55, ss 51–52, ss 55–55A).
Gives authorised officers broad powers to enter, inspect, seize, impound and (in certain cases) arrange sale or destruction of animals; states the process for release, holding periods and review rights (ss 56–71; ss 86–93; ss 128–134; ss 62–68).
Establishes offence penalties (many strict‑liability offences), process for notices, review by ACAT and courts, and court powers to cancel licences or disqualify people from keeping animals (ss 4A; ss 118–120; s 138A; many offence provisions).

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Current sections

Direct links to the current provisions in Domestic Animals Act 2000.

201

53C

Dealing with attacking, harassing or menacing dogs generally 52

53C Dealing with attacking, harassing or menacing dogs generally 52 53CA Meaning of control order 54 53CB Control orders—carers 54 53D Revocation of control order 54 53E Offence—failure to comply with control order 54 55 Compensation for injuries etc caused by dogs 55 55A Access to information about dog attacks 56 55B Notice to affected neighbours 57 56 Seizure of dogs—general 57 56A Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs 59 57 Seizure—dangerous dogs 60 58 Seizure—multiple dog licence 60 59 Seizure—attacking, harassing or menacing dogs 60 60 Impounding of dogs seized 61 61 Information to be given in notice of dog’s seizure 62 62 Releasing dogs seized under general seizure power 63 63 Releasing dogs seized under power relating to multiple dogs 64 64 Releasing dogs seized under attacking and harassing power 66 65 Releasing dogs declared dangerous after seizure for offence 67 65A Releasing dogs seized because of complaint 68 66 Selling or destroying dogs (other than dangerous dogs) generally 69 67 Selling or destroying dogs (other than dangerous dogs) seized under multiple dog licence power 69 67A Selling dogs (other than dangerous dogs) if keeper unfit 71 68 Selling or destroying dangerous dogs generally 72 68A Destroying dogs—public safety concerns 73 69 Relinquishing ownership of dogs 74 70 Returning seized dog to its keeper 74 71 Guidelines about returning impounded dogs 75

Page contents 5 72 Offence—breeding dogs or cats without licence 76 72A Breeding licence—applications 76 72B Breeding licence—approval or refusal 77 72C Breeding licence—duration 78 72D Breeding licence—form 78 72E Breeding licence—conditions 78 72F Breeding licence—variation 79 72G Breeding licence—cancellation 80 72H Breeding licence—cancellation or disqualification from holding 82 72I Offence—licensee change of address 82 72J Breeding—recognised breeding organisation 83 72K Offence—breeding, selling and advertising requirements 83 72M Offence—reporting on breeding of greyhounds 84 73 Meaning of de-sex and permit for pt 3 85 74 Dogs and cats to be de-sexed if over certain age 85 74A Sale of older dogs and cats not de-sexed 86 75 Permits for dogs and cats not de-sexed 87 76 Approval or refusal of applications 87 77 Revocation of permits 87 79 Production of permits 88 80 Earmarkings 88 83 Identification of dogs and cats—regulations 88 84 Identification of dogs and cats—requirement 89 84AA Cat registration—applications 90 84AB Cat registration—approval or refusal 90 84AC Cat registration—records 91 84AD Cat registration—duration 91 84AE Cat registration—renewal reminder notice 91

Page contents 6 Domestic Animals Act 2000 84AF Cat registration—compliance with renewal reminder notice 92 84AG Cat registration—automatic renewal 92 84AH Cat registration numbers and certificates 92 84AI Cat registration—change of owner 93 84AJ Cat registration—cancellation 94 84AK Offence—keeping unregistered cats etc 94 84AL Cat registration—change of registration details 95 84AM Cat registration—evidence of registration 96 84AN Declaration of cat containment 96 84AO Breach of cat containment requirements 97 84AP Registrar may exempt entities from certain provisions 99 84A Multiple cat licences—requirement to be licensed 99 84B Multiple cat licences—applications 100 84C Multiple cat licences—approval or refusal 100 84D Multiple cat licences—conditions 101 84DA Multiple cat licences—form 101 84DB Multiple cat licences—duration 102 85 Approved providers 102 86 Seizure of cats 102 87 Temporary care of seized cats 103 88 Information to be given in notice of cat’s seizure 104 89 Releasing seized cats 104 90 Selling or destroying seized cats 105 91 Relinquishing ownership of seized cats 106 92 Returning seized cat to its keeper 106 93 Guidelines about returning seized cats 107 94 Definitions—pt 5 108 95 Assistance animal standard and accreditation guidelines 108

Page contents 7 96 Accreditation of assistance animals 109 97 Register of registered accredited assistance animals 109 98 Registration of accredited assistance animals 109 99 Registration numbers and certificates 110 100 Registrar may register assistance animal trainer 111 101 Registrar may suspend registration of assistance animal trainer 112 102 Registrar may cancel registration of assistance animal trainer 113 103 Unregistered assistance animal trainers 113 104 Registrar may register assistance animal assessor 114 105 Registrar may suspend registration of assistance animal assessor 115 106 Registrar may cancel registration of assistance animal assessor 116 106A Unregistered assistance animal assessor 116 106B Definitions—div 5.4 117 106C Rights of people accompanied by assistance animals 118 106D Liability of people accompanied by assistance animal 118 106E Assistance animal allowed in public places and premises 118 106F Falsely claiming animal is assistance animal 119 107 Meaning of animal nuisance and nuisance notice for pt 6 121 108 Pt 6 does not apply to keeping animals on certain land 121 109 Meaning of animal nuisance—pt 6 121 110 Offence of animal nuisance 122 111 Complaints about animal nuisance 122 112 Issue of nuisance notices 123 113 Revocation of nuisance notices 124 114 Seizure, impounding and return of nuisance animals 125 114A Information to be given in notice of animal’s seizure 126 114C Guidelines about animal nuisance 126 Part 7 Destruction of animals 115 Destruction of animals on registrar’s authority 127

Page contents 8 Domestic Animals Act 2000 116 Destruction of vicious animals 127 117 Destruction of diseased or injured animals 127 Part 8 Notification and review of decisions 118 Meaning of reviewable decision—pt 8 128 119 Reviewable decision notices 128 120 Applications for review 128 Division 9.1 Officers 121 Registrar 129 122 Deputy registrars 129 123 Authorised people 129 124 Identity cards 130 125 Power not to be exercised before identity card shown 130 126 Definitions for div 9.2 130 128 Power to enter premises 131 131 Inspection of premises 132 132 Consent to entry 132 133 Search warrants 133 134 Power to require name and address 135 134A Inspection of animals 136 Division 9.3 Cooperation with other jurisdictions—racing greyhounds 134AA Meaning of animal welfare law—div 9.3 136 134B Information sharing 137 134C Investigation at request of other jurisdictions 138 135 Applications—additional information 139 135A Registrar may request information from keeper of dog or cat 139 136 Owner aged under 16 139 137 Approved animal welfare entities 140 138 Sale or destruction of animals 140

Page contents 9 138A Disqualification from keeping animals 140 139 Renewals 141 140 Giving notice if more than 1 keeper 141 142 Dishonoured etc credit card transactions 141 143 Codes of practice 142 143A Inspection of incorporated documents 143 143B Notification of certain incorporated documents 143 144 Determination of fees 145 147 Approved forms 145 148 Regulation-making power 145 Dictionary 146 1 About the endnotes 153 2 Abbreviation key 153 3 Legislation history 154 4 Amendment history 161 5 Earlier republications 183 6 Expired transitional or validating provisions 186

An Act to provide for the identification and registration of certain animals and the duties of owners, carers and keepers, and for other purposes

Name of Act

1 Name of Act This Act is the Domestic Animals Act 2000.

Dictionary

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act. For example, the signpost definition ‘permit, for part 3 (Dogs and Cats)— see section 73.’ means the expression ‘permit’ is defined in section 73 and applies to part 3. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

Notes

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Offences against Act—application of Criminal Code etc

4A Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1): • s 10A (Dog registration—compliance with renewal reminder notice) • s 12 (Dog registration—change of owner) • s 14 (Offence—keeping unregistered dogs etc) • s 16 (Dog registration—change of registration details) • s 18 (Requirement to be licensed if multiple dogs)

Preliminary Part 1 • s 21 (5) (Multiple dog licences—conditions) • s 23 (Licensing of keepers of dangerous dogs) • s 27 (Dangerous dogs in public places) • s 28 (Signs on premises about dangerous dogs) • s 39D (Offence—unregistered racing greyhound) • s 39G (Day-to-day control of racing greyhounds—requirement to be licensed) • s 41 (Prohibited areas) • s 42 (Prohibited places) • s 44 (Dogs in public places must be controlled) • s 45 (Dogs on private premises to be restrained) • s 46 (Disposal of faeces) • s 47 (Female dogs on heat) • s 49A (Dog attacks or harasses person or animal) • s 50 (Dog attacks person or animal causing serious injury) • s 50A (Dangerous dog attacks or harasses person or animal) • s 50B (Obligations of keeper or carer if dog attacks) • s 51A (Provoking dog to attack) • s 53CB (Control orders—carers) • s 53E (Offence—failure to comply with control order) • s 56A (6) (Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs) • s 60 (6) (Impounding of dogs seized) • s 72 (Offence—breeding dogs or cats without licence) • s 72I (Offence—licensee change of address) • s 72K (Offence—breeding, selling and advertising requirements) • s 72M (Offence—reporting on breeding of greyhounds) • s 74 (Dogs and cats to be de-sexed if over certain age) • s 74A (Sale of older dogs and cats not de-sexed) • s 79 (Production of permits) • s 84 (Identification of dogs and cats—requirement) • s 84AF (Cat registration—compliance with renewal reminder notice)

• s 84AI (Cat registration—change of owner) • s 84AK (Offence—keeping unregistered cats etc) • s 84AL (Cat registration—change of registration details) • s 84AO (Breach of cat containment requirements) • s 84A (Multiple cat licences—requirement to be licensed) • s 98 (Registration of accredited assistance animals) • s 103 (Unregistered assistance animal trainers) • s 106A (Unregistered assistance animal assessor) • s 106E (Assistance animal allowed in public places and premises) • s 106F (Falsely claiming animal is assistance animal) • s 112 (7) (Issue of nuisance notices) • s 134A (2) (Inspection of animals) • s 142 (Dishonoured etc credit card transactions). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Criteria for considering responsible dog or cat

4B Criteria for considering responsible dog or cat management, care or control For this Act, the registrar in considering whether a person has failed, or is unable, to exercise responsible dog or cat management, care or control— (a) must consider— (i) any conviction or finding of guilt of the person within the last 10 years against a law of a Territory or State for an offence relating to the welfare, keeping or control of an

Preliminary Part 1 (ii) any non-compliance with— (A) a special licence held by the person; or (B) a control order issued to the person; and

Register

5 Register (1) The registrar must set up and keep a register for this Act. (2) The registrar may keep the register in a form the registrar considers suitable.

Dog registration—applications

6 Dog registration—applications (1) An individual who is an owner of a dog may apply to the registrar for registration of the dog. Note 1 If the person who owns the dog is under 16 years old, the parent or guardian living with the person is taken to be the dog’s owner (see s 136). Note 2 A racing greyhound must also be registered as a racing greyhound under div 2.4A. (2) An application must include the information prescribed by regulation.

Dog registration—approval or refusal

7 Dog registration—approval or refusal (1) If an application for registration has been made in accordance with section 6, the registrar must, by written notice to the applicant— (a) register the dog; or (b) refuse to register the dog. (2) For subsection (1) (b), the registrar— (a) must refuse to register the dog if the applicant is disqualified (b) may refuse to register the dog if— (i) the dog is not implanted with an identifying microchip as (ii) the dog is not de-sexed as required under this Act; or

(iii) the registrar reasonably believes that the applicant has

Dog registration—records

8 Dog registration—records If the registrar registers a dog, the registrar must record in the register the information prescribed by regulation.

Dog registration—duration

9 Dog registration—duration The registration of a dog remains in force for 12 months unless it is sooner surrendered, cancelled or renewed.

Dog registration—renewal reminder notice

10 Dog registration—renewal reminder notice (1) The registrar must give the registered keeper of a dog a written notice (a reminder notice) at least 14 days before the day the dog’s registration ends. (2) The reminder notice must state— (a) the date on which the dog’s registration ends; and (b) that the registered keeper is required to confirm or update information about the dog’s registration that is recorded, or that is required to be recorded, on the register; and (c) either— (i) the information about the dog’s registration required to be confirmed or updated; or (ii) how the keeper of the dog may electronically access information on the register about the dog’s registration; and (d) how the keeper may comply with the notice; and (e) that it is an offence for the keeper to fail to comply with the notice before the dog’s registration ends; and

(f) any other information prescribed by regulation.

10A

Dog registration—compliance with renewal reminder

10A Dog registration—compliance with renewal reminder notice (1) A registered keeper of a dog commits an offence if the keeper— (a) is given a reminder notice in accordance with section 10; and (b) fails to comply with the reminder notice.

10B

Dog registration—automatic renewal

10B Dog registration—automatic renewal The registration of a dog is renewed if the registered keeper of the dog— (a) is given a reminder notice under section 10; and (b) complies with the reminder notice.

Dog registration numbers and certificates

11 Dog registration numbers and certificates (1) If the registrar registers a dog, the registrar must give— (a) a registration number to the dog; and (b) a registration certificate for the dog to the dog’s registered keeper. (2) If the registration of a dog is renewed, the registrar must give a registration certificate for the dog to the dog’s registered keeper. (3) A registration certificate for a dog must state the information prescribed by regulation.

(4) If the registrar is satisfied that a registration certificate for a dog has been stolen, lost, damaged or destroyed, the registrar may give a new registration certificate to the dog’s registered keeper. (5) If the registered keeper of a dog asks the registrar for a certified copy of the dog’s registration certificate, the registrar must give the registered keeper a copy of the certificate that is certified by the registrar to be a true copy.

Dog registration—change of owner

12 Dog registration—change of owner (1) This section applies if the registered keeper of a dog transfers ownership of the dog to another person (the new owner). (2) The registered keeper of the dog must give the following information about the new owner to the registrar within 14 days after the day ownership of the dog is transferred: (a) name; (b) address; (c) if known— (i) email address; and (ii) other contact information. (3) The new owner of the dog must apply to the registrar to be recorded as the registered keeper of the dog within 14 days after the day ownership of the dog is transferred. (5) An application under subsection (3) is taken to be an application to register the dog under section 6.

(6) If the application under subsection (3) is refused, the dog’s registration is cancelled. Note As an application under this section is taken to be an application under s 6, the application may be refused on the grounds mentioned in s 7 (2).

12A

Registrar may request information

12A Registrar may request information (1) The registrar may, by written notice to the keeper of a registered dog, require the keeper to give the registrar information that is reasonably necessary for carrying out a function under this Act. (2) The written notice must state— (a) the information required to be given; and (b) how the keeper may give the information; and (c) the period, of not less than 28 days after the notice was given, in which the notice must be complied with; and (d) that the dog’s registration may be cancelled if the keeper fails to comply with the notice. Note 1 It is an offence to make a false or misleading statement, give false or Note 2 The Legislation Act, s 170 deals with the application of the privilege against self-incrimination.

Dog registration—cancellation

13 Dog registration—cancellation (1) The registrar must cancel the registration of a dog if— (a) the registrar is told in writing or becomes aware that the dog has died; or (b) the dog is destroyed under this Act; or

(c) the registered keeper of the dog is disqualified from keeping a dog or any other animal. (2) The registrar may cancel the registration of a dog if— (a) the registered keeper of the dog tells the registrar in writing that the person is no longer the owner of the dog; or (b) the registrar reasonably believes that the dog’s registered keeper has failed, or is unable, to exercise responsible dog management, care or control; or (c) the dog is not implanted with an identifying microchip as (d) the dog is not de-sexed as required under this Act; or (e) the registered keeper fails to comply with a written notice given in accordance with section 135A. Note A dog’s registration is also cancelled if an application to be recorded as the registered keeper of the dog is refused (see s 12 (6)).

Offence—keeping unregistered dogs etc

14 Offence—keeping unregistered dogs etc (1) A person must not keep— (a) an unregistered dog; or (b) a registered dog if the person is not the dog’s registered keeper. (3) Subsection (1) (a) does not apply if— (a) the dog is under 56 days old; or (b) the dog has been kept by the person for less than 28 days; or

(c) the person has been resident in the ACT for less than 28 days. (4) Subsection (1) (b) does not apply if— (a) the registered keeper is unable to care for the dog and the person is caring for the dog on a temporary basis; or (b) the dog is a racing greyhound being kept by the holder of a racing greyhound controller licence. mentioned in s (3) and s (4) (see Criminal Code, s 58).

Dog registration—change of registration details

16 Dog registration—change of registration details (1) If any of the registration details of a dog change, the dog’s registered keeper must tell the registrar, in writing, the new details within 14 days beginning the day after the change. registration details, of a dog, means the information given to the registrar by the dog’s registered keeper under section 6 or section 10.

Dog registration—evidence of registration

17 Dog registration—evidence of registration (1) A registration certificate or a certified copy of a registration certificate given under section 11 is evidence that the dog described in it is, or was, registered for the period stated in the certificate or copy. (2) A certificate issued by the registrar stating that a stated person was, or was not, the registered keeper of a stated dog for a stated period is evidence of that matter. (3) A document that appears to be a certificate or certified copy of the certificate given under subsection (2) or section 11 is taken to be the certificate or a certified copy of the certificate, unless the contrary is proved.

Keeping 4 or more dogs Division 2.2

Requirement to be licensed if multiple dogs

18 Requirement to be licensed if multiple dogs (a) the person keeps a dog on residential premises; and (b) 3 or more other dogs are kept on the premises by the person or another person; and (c) there is no multiple dog licence held by any person to keep the dogs on the premises. (3) Subsection (1) does not apply to— (a) a dog under 84 days old if the person holds a breeding licence; or (b) a dog kept by the person for less than 28 days; or (c) a person resident in the ACT for less than 28 days; or (d) a dog kept on land that is under a lease granted for agricultural or grazing purposes; or (e) a dog kept by the holder of a racing greyhound controller (f) a dog kept on land that is under a lease that allows for an animal care facility. mentioned in s (3) (see Criminal Code, s 58).

Multiple dog licences—applications

19 Multiple dog licences—applications A person may apply to the registrar for a licence to keep 4 or more dogs on 1 residential premises (a multiple dog licence).

Multiple dog licences—approval or refusal

20 Multiple dog licences—approval or refusal (1) If an application for a multiple dog licence is made under section 19, (2) The registrar must refuse to issue a multiple dog licence unless satisfied that— (a) the yard and associated facilities are adequately ventilated and constructed in a way to allow them to be kept in a sanitary condition; and (b) appropriate arrangements exist for the sanitary disposal of waste; and (c) the applicant can otherwise comply with the requirements of the Animal Welfare Act 1992 and any approved or mandatory code of practice under that Act; and (d) the applicant is able to exercise responsible dog management, care and control. (a) the number and kind of dogs to which the application relates; (b) the size and nature of the premises where the dogs are proposed to be kept; (d) the suitability of facilities for keeping the dogs on the premises;

Keeping 4 or more dogs Division 2.2 (f) any conviction or finding of guilty of the applicant within the last 10 years against a law of a Territory or State for an offence (g) the safety of the public and other animals.

Multiple dog licences—conditions

21 Multiple dog licences—conditions (1) The registrar may issue a multiple dog licence on conditions stated in the licence. multiple dog licence, the registrar must consider the following: (a) the number and kind of dogs to which the application relates; (b) the size and nature of the premises where it is proposed to keep the dogs; (c) the potential impact on the occupiers of neighbouring premises; (d) the safety of the public and other animals. (3) Subsection (2) does not limit the matters the registrar may consider. (b) any other condition the registrar considers appropriate. (5) A person commits an offence if the person fails to comply with a condition of a multiple dog licence.

Declarations—dangerous dogs

22 Declarations—dangerous dogs (1) The registrar must declare a dog to be a dangerous dog if— (a) the dog has been trained as a guard dog, or is kept as a guard dog for guarding premises; or (b) the dog has attacked and caused the death of or serious injury to a person; or (c) a decision has been made under a law of a State in relation to the dog, the effect of which is comparable to a declaration under this section. (2) The registrar may declare a dog to be a dangerous dog if— (a) the dog has attacked or harassed a person or animal; or (b) the registrar reasonably believes the dog— (i) is aggressive or menacing; and (ii) without being kept in accordance with a dangerous dog licence, would be an unacceptable risk to the safety of the public or other animals. (3) In making a decision under subsection (2), the registrar must consider the circumstances surrounding the attack or harassment. (5) If the registrar makes a declaration under this section, the registrar must give written notice to a keeper of the dog. (6) The notice must— (a) contain a statement to the effect that the registrar has declared the dog to be a dangerous dog; and

(b) describe the obligations of a keeper of a dangerous dog under this Act; and (c) if the declaration is made while the dog is impounded—contain a statement to the effect that the dog may be sold or destroyed after 7 days beginning on the day after the keeper is given the notice unless, within that 7 days, an application is made for a dangerous dog licence.

Licensing of keepers of dangerous dogs

23 Licensing of keepers of dangerous dogs (a) keeps a dangerous dog; and (b) does not— (i) hold a dangerous dog licence for the dog; or (ii) comply with a condition of the dangerous dog licence for the dog. Maximum penalty: 100 penalty units. (3) This section does not apply to a dangerous dog that is temporarily kept by a veterinary practitioner or at an animal boarding facility. animal boarding facility means a kennel, cattery, stable or other premises where animals are kept temporarily by a person other than a keeper of the animal.

Dangerous dog licences—applications

24 Dangerous dog licences—applications (1) An adult may apply to the registrar for a licence to keep a dangerous dog.

(2) An application must state— (a) the registration number of the dog; and (b) the premises where the applicant intends to keep the dog. (3) The registrar may waive any application fee for a licence to keep a dangerous dog if reasonably satisfied— (a) the dog was declared to be a dangerous dog only for the reason mentioned in section 22 (1) (a); and (b) if the dog is kept in accordance with a dangerous dog licence, it will not be an unacceptable risk to the safety of the public and other animals. (4) A fee determined under section 144 for an application for a licence to keep a dangerous dog declared under section 22 (1) (b) or (c) or section 22 (2) must be at least 10 times the application fee (if any) for registration of a dog under section 6.

Dangerous dog licences—approval or refusal

25 Dangerous dog licences—approval or refusal (1) If an application for a dangerous dog licence is made under section 24, the registrar must, by written notice to the applicant— (a) must refuse to approve the issue of a licence if— (i) the applicant is disqualified from keeping a dog or any other animal; or (ii) the dog is not implanted with an identifying microchip as

(b) may refuse to approve the issue of a licence if the registrar reasonably believes— public or other animals if the licence were issued; or (ii) the applicant has failed, or is unable, to exercise responsible dog management, care or control. (a) the size and nature of the premises where the applicant intends to keep the dog; (b) the security of the premises; (c) the suitability of facilities for keeping the dog on the premises; (d) the potential impact on the occupiers of neighbouring premises; (e) any conviction or finding of guilty of the applicant within the (f) the safety of the public and other animals. (4) Subsection (5) applies if— (a) the application is made after the dog is seized under division 2.7 (Seizing dogs and dealing with them); and (b) the dog was seized because of the contravention of a provision of this Act (the offence); and (c) the dog is declared to be a dangerous dog after it is seized. (5) The registrar may approve the application only if— (a) 28 days have elapsed since the day the dog was seized and—

or (c) a prosecution for the offence was started not later than 28 days after the day the dog was seized and— (6) Subsection (3) does not limit the matters the registrar may consider.

Dangerous dog licences—conditions

26 Dangerous dog licences—conditions (1) The registrar may issue a dangerous dog licence on conditions stated in the licence. dangerous dog licence, the registrar must consider the safety of the public and other animals. (3) The conditions may include— (b) any other condition the registrar considers appropriate.

Dangerous dogs in public places

27 Dangerous dogs in public places (a) the person is the carer of a dangerous dog; and

(c) the dog is not wearing a muzzle. (a) the person is the keeper of a dangerous dog; and (b) the dog is in a public place without the keeper or a carer.

Signs on premises about dangerous dogs

28 Signs on premises about dangerous dogs (1) The keeper of a dangerous dog must ensure that a warning sign is displayed on all gates and doors at the premises where the dog is kept so that it can be readily seen by a person about to enter the premises through any gate or door. door, to premises, means any door that a visitor to the premises would ordinarily be expected to use to enter the premises. warning sign, for premises, means— (a) a sign warning people entering the premises that a dangerous dog is on the premises; or (b) if a regulation prescribes requirements for a sign—a sign that is in accordance with the requirements.

Meaning of special licence for div 2.4

29 Meaning of special licence for div 2.4 special licence means— (a) a multiple dog licence; or (b) a dangerous dog licence; or (c) a racing greyhound controller licence.

Form of special licences

30 Form of special licences (1) A special licence must state— (a) the name of the licensee; and (b) the registration number of each dog to which the licence relates; and (c) the address of the premises to which the licence relates; and (d) any conditions of the licence. (2) However, a multiple dog licence need not include the registration number of a dog kept on residential premises by the person who holds the licence if the dog is being kept temporarily on the premises on behalf of an entity that rehomes dogs.

Special licences—duration

31 Special licences—duration A special licence remains in force until the earliest of the following: (a) for a multiple dog licence—2 years after the day the licence commences; (b) for a racing greyhound controller licence and a dangerous dog licence—12 months after the day the licence commences; (c) the day the licence is surrendered;

(d) the day the licence is cancelled.

Special licences—renewals

32 Special licences—renewals (1) The holder of a special licence may apply to the registrar for renewal of the licence. (a) must refuse to renew the licence if the holder is disqualified from keeping a dog or any other animal; or (b) may refuse to renew the licence if the registrar reasonably believes— public and other animals if the licence were renewed; or (ii) the holder has failed, or is unable, to exercise responsible dog management, care or control. (3) In making a decision under this section, the registrar— (a) must consider any matter the registrar was required to consider when deciding whether or not to issue the original licence; and (4) The registrar may waive any application fee to renew a dangerous dog licence if reasonably satisfied— (a) the dog was declared to be a dangerous dog only for the reason mentioned in section 22 (1) (a); and (b) if the dog is kept in accordance with a dangerous dog licence— it will not be an unacceptable risk to the safety of the public and other animals.

(5) A fee determined under section 144 for an application to renew a licence to keep a dangerous dog declared under section 22 (1) (b) or (c) or section 22 (2) must be at least 10 times the application fee (if any) for registration of a dog under section 6.

Variation of special licences

33 Variation of special licences (1) On application by the holder of a special licence, the registrar may vary the licence. (2) The registrar may vary a special licence on the registrar’s own initiative if the registrar is satisfied that it is in the public interest to do so. (3) Before varying a special licence on the registrar’s own initiative, the registrar must give the licensee a written notice— (a) stating how the registrar proposes to vary the licence; and (b) stating the reasons why the registrar proposes to vary the to the registrar about the matters stated in the notice within 7 days beginning the day after receiving the notice. (4) In making a decision under subsection (1) or (2), the registrar must (a) for a multiple dog licence—the matters mentioned in section 20 (3) (Multiple dog licences—approval or refusal); and (b) for a dangerous dog licence—the matters mentioned in section 25 (3) (Dangerous dog licences—approval or refusal); and (c) for a racing greyhound controller licence—the matters mentioned in section 39I (3) (Racing greyhound controller licences—approval or refusal); and

(d) any breach of the conditions of the licence. (5) In making a decision whether to vary the special licence on the registrar’s own initiative, the registrar must consider any response given to the registrar in accordance with subsection (3) (c). (6) Subsections (4) and (5) do not limit the matters the registrar may (7) The registrar must refuse to vary— (a) a multiple dog licence if the registrar would be obliged under section 20 (2) to refuse to issue the licence as varied; or (b) a dangerous dog licence if the registrar would be obliged under section 25 (2) to refuse to issue the licence as varied. (8) The registrar must refuse to vary a racing greyhound controller licence if the registrar would be obliged under section 39I (3) (Racing greyhound controller licences—approval or refusal) to refuse to issue the licence as varied. (9) The registrar must give the licensee written notice of the registrar’s (10) A variation of a special licence takes effect on the day notice of the variation is given to the licensee or, if the notice provides for a later day of effect, that day. (11) In this section: vary includes— (a) for a multiple dog licence—substitute a dog for another dog; and (b) for a racing greyhound controller licence—substitute a racing greyhound for another racing greyhound.

Endorsement of variations

34 Endorsement of variations (1) The holder of a varied special licence must not, without reasonable excuse, fail to return the licence to the registrar within 7 days beginning the day after the variation takes effect. (2) The registrar must endorse the variation on the licence, and return it to the licensee, as soon as possible after the return of the special

Surrender of special licences

35 Surrender of special licences (1) The holder of a special licence may surrender the licence by filling in the appropriate endorsement on the licence and giving it to the registrar. (2) The surrender of a special licence takes effect from the day when the endorsed licence is given to the registrar or, if a later day is stated in the endorsement, the later day.

Cancellation of special licences

36 Cancellation of special licences (1) The registrar— (a) must cancel a special licence if the licensee is disqualified from keeping a dog or any other animal; or (b) may cancel a special licence if— (i) the registrar becomes aware of circumstances that, if the registrar had been aware of them at the time of the application for the licence, would have resulted in the application being refused; or (ii) the licensee contravenes a condition of the licence; or

(iii) the licence was obtained by a false or misleading statement; or (iv) the registrar reasonably believes there would be an unacceptable risk to the safety of the public or other animals if the licence were not cancelled; or (v) the registrar reasonably believes that the licensee has (2) Before cancelling a special licence, the registrar must give the licensee a written notice— (a) stating the grounds on which the registrar proposes to cancel the (b) stating the facts that, in the registrar’s opinion, establish the grounds; and to the registrar about the matters in the notice, within 7 days beginning the day after receiving the notice. (3) In deciding whether to cancel the licence, the registrar must consider any response given to the registrar in accordance with subsection (2) (c). (4) The registrar must give the licensee written notice of the registrar’s (5) Cancellation of a special licence takes effect on the day notice of the cancellation is given to the licensee or, if the notice provides for a later day of effect, that day.

Return of special licences

37 Return of special licences If a person whose special licence has been cancelled is asked by the registrar, by written notice, to return the licence, the person must not, without reasonable excuse, fail to return the licence to the registrar within 7 days beginning the day after the notice is given to the person.

Cancellation or disqualification from holding a special

38 Cancellation or disqualification from holding a special licence (1) If a person is convicted or found guilty of an animal welfare offence court may cancel a special licence held by the person or disqualify the person from holding a special licence for a period decided by the court. (2) In making a decision under subsection (1), the court must consider— (a) the acts or omissions of the person constituting the offence; and (b) any conviction or finding of guilty of the applicant within the (3) Subsection (2) does not limit the matters that the court may consider. (4) If the court cancels or disqualifies a person from holding a special licence, the court must give particulars of the cancellation or disqualification to the registrar.

Applying for special licences if disqualified

39 Applying for special licences if disqualified A person must not apply for a special licence if the person is disqualified from holding a special licence.

39A

Meaning of greyhound racing and racing greyhound

39A Meaning of greyhound racing and racing greyhound In this Act: greyhound racing means 1 or more greyhounds racing in competitive pursuit, and includes— (a) a greyhound trial or training race; and (b) racing in a test of speed of 1 or more racing greyhounds. Note A person commits an offence if the person conducts or takes part in greyhound racing in the ACT—see the Animal Welfare Act 1992, s 18A. racing greyhound means a greyhound that is used or intended to be used for greyhound racing.

39B

Presumption greyhound is racing greyhound

39B Presumption greyhound is racing greyhound (1) This section applies to a greyhound that is 6 months old or older. (2) A greyhound is taken to be a racing greyhound unless the owner of the greyhound makes a statement to the registrar, in writing, that the greyhound is not used, and is not intended to be used, for greyhound racing.

39C

Racing greyhounds—registration

39C Racing greyhounds—registration (1) The owner of a racing greyhound may apply to the registrar to register the greyhound as a racing greyhound. (2) If the registrar receives an application under subsection (1), the registrar must— (a) register the greyhound as a racing greyhound; or (b) refuse to register the greyhound as a racing greyhound.

(3) For subsection (2) (b), the registrar— (a) must refuse to register the greyhound as a racing greyhound if the applicant is— (i) disqualified from keeping a dog or any other animal; or Note Section 138A deals with the disqualification of a person from keeping an animal. (ii) disqualified or suspended from participation in greyhound racing under a gaming law or a rule of racing or betting (in the ACT or elsewhere); or (b) may refuse to register the greyhound as a racing greyhound if— (i) the dog is not implanted with an identifying microchip as (ii) the registrar reasonably believes that the applicant has (4) The registration of a greyhound as a racing greyhound remains in force for 12 months unless sooner surrendered or cancelled.

39D

Offence—unregistered racing greyhound

39D Offence—unregistered racing greyhound (1) A person must not keep— (a) an unregistered racing greyhound; or (b) a registered racing greyhound if the person is not the registered keeper or licensed racing greyhound controller in relation to the greyhound. (2) Subsection (1) does not apply if— (a) the dog is kept by the person for less than 28 days; or

(b) the person has been resident in the ACT for less than 28 days. mentioned in s (2) (see Criminal Code, s 58).

39E

Racing greyhounds—registration number etc

39E Racing greyhounds—registration number etc Section 11 and section 17 apply to the registration of a racing greyhound.

39F

Racing greyhounds—cancellation of registration

39F Racing greyhounds—cancellation of registration (1) The registrar must cancel the registration of a greyhound as a racing greyhound if— (a) the keeper of the racing greyhound tells the registrar, in writing, that the dog— (i) has died; or (ii) is no longer a racing greyhound; or (b) the dog is destroyed under this Act; or (c) registration of the dog is cancelled under section 13; or (d) the keeper of the dog is disqualified from keeping a dog or any other animal; or (e) the keeper of the dog is disqualified or suspended from participation in greyhound racing under a gaming law or a rule of racing or betting (in the ACT or elsewhere). (2) The registrar may cancel the registration of a greyhound as a racing greyhound if— (a) the keeper of the dog tells the registrar, in writing, that the person is no longer the owner of the dog; or

(b) the registrar reasonably believes that the dog’s keeper has failed, or is unable, to exercise responsible dog management, care or control.

39G

Day-to-day control of racing greyhounds—requirement to

39G Day-to-day control of racing greyhounds—requirement to be licensed (a) has the day-to-day control of a racing greyhound; and (b) does not hold a racing greyhound controller licence. (a) has the day-to-day control of a racing greyhound; and (b) holds a racing greyhound controller licence; and (c) does not comply with a condition of the licence. (3) Subsection (1) does not apply to a racing greyhound that is temporarily kept by a veterinary surgeon or at an animal boarding facility. animal boarding facility— (a) means a kennel or other premises where animals are kept temporarily by a person other than the registered keeper or the person who has day-to-day control of the animal; and (b) includes a facility used for the rescue and rehoming of greyhounds.

39H

Racing greyhound controller licences—applications

39H Racing greyhound controller licences—applications (1) A person may apply to the registrar for a licence to be a person in day-to-day control of 1 or more racing greyhounds (a racing greyhound controller licence). (2) The application must include— (a) the applicant’s name and address; and (b) the address of the premises where the greyhound or greyhounds are to be kept; and (c) if the greyhound or greyhounds are registered with a greyhound racing controlling body—the name of the body. greyhound racing controlling body means a body established under a law of a State to conduct greyhound race meetings and greyhound racing within the State. Note State includes the Northern Territory (see Legislation Act, dict, pt 1).

39I

Racing greyhound controller licences—approval or

39I Racing greyhound controller licences—approval or refusal (1) If an application for a racing greyhound controller licence is made under section 39H, the registrar must, by written notice to the (a) approve the issue of the licence; or (b) refuse to approve the issue of the licence. (2) The registrar must refuse to issue a racing greyhound controller licence unless satisfied that— (a) the yard in which the racing greyhounds will be kept and associated facilities are adequately ventilated and constructed in a way to allow them to be kept in a sanitary condition; and

(b) if the application is in relation to 4 or more racing greyhounds— appropriate arrangements exist for the sanitary disposal of waste; and (c) the applicant can otherwise comply with the requirements of the Animal Welfare Act 1992 and any approved or mandatory code of practice under that Act; and (d) the applicant is able to exercise responsible dog management, care and control; and (e) any other requirement prescribed by regulation is met. (a) the number of other dogs kept by the applicant; (b) the size and nature of the premises where the dogs are to be kept; (d) the suitability of facilities for keeping racing greyhounds on the premises; 10 years against a law of a Territory or State for an offence relating to greyhound racing or the welfare, keeping or control of an animal; (g) any disciplinary action taken against the applicant under a gaming law or a rule of racing or betting (in the ACT or elsewhere); (h) the safety of the public and other animals.

39J

Racing greyhound controller licences—conditions

39J Racing greyhound controller licences—conditions (1) A racing greyhound controller licence is subject to— (a) the condition that the licensee comply with any relevant mandatory code of practice under the Animal Welfare Act 1992, section 23 (Mandatory code of practice); and (b) any other condition imposed by the registrar when the licence is issued. (2) In making a decision whether or not to impose a condition on a racing greyhound controller licence, the registrar must consider the (a) the number of other dogs kept by the licensee; (b) the size and nature of the premises where the dogs are to be kept; (c) the potential impact on the occupiers of neighbouring premises; (d) the safety of the public and other animals. (3) The conditions may include the following: (a) the confining of each racing greyhound in a yard that will allow the racing greyhound adequate freedom of movement; (b) no part of the yard being closer than 2m from a boundary fence; (c) there being sufficient shelter for the racing greyhound. (4) Subsection (2) does not limit the matters the registrar may consider.

Declaration—exercise areas

40 Declaration—exercise areas (1) The Minister may declare an area of land or water to be an exercise area under this Act. (2) A declaration may provide that an area is an exercise area for all or stated animals.

(3) A declaration under this section is a disallowable instrument.

Prohibited areas

41 Prohibited areas (1) The Minister may declare an area of land or water to be an area where dogs are prohibited. (2) An area declared under subsection (1) may include all or part of an exercise area for stated animals. (3) A declaration is a disallowable instrument. (4) If the Minister declares a prohibited area, the Minister must erect a sign or signs identifying the area as a prohibited area. (5) A person must not take a dog into a prohibited area. (7) In a proceeding for an offence against subsection (5), a sign is taken to have been erected with the Minister’s authority unless the contrary is proved.

Prohibited places

42 Prohibited places (a) takes a dog into the grounds of an education and care service or childcare centre, preschool or primary school; and (b) does not have the permission of the principal or person in charge of the centre or school to take the dog into the grounds; and (c) does not live on the grounds of the centre or school.

(a) takes a dog into the grounds of a high school or secondary college during school hours or when school sport, including sport training, is being conducted; and (b) does not have the permission of the principal or person in charge of the school or college to take the dog into the grounds; and (c) does not live on the grounds of the school or college. (3) A person commits an offence if the person takes a dog onto a field or playing area where authorised sport or training is being played or conducted on the field or area. (4) A person commits an offence if the person— (a) takes a dog into a public place; and (b) the public place is within 10m of— (i) anything designed for play by children in the public place and that children are playing on; or (ii) a fixed fireplace or heating appliance in the public place designed for cooking food and that people are using; or (iii) a swimming area as defined by a sign erected or displayed under the Lakes Act 1976, section 14 (a) (iv). (5) An offence against this section is a strict liability offence.

authorised sport or training, in relation to a field or playing area, means a sport or recreational activity, or training for the sport or activity, that has been authorised to be played or conducted on the field or area by the entity responsible for management of the field or area. childcare centre includes a childcare centre within the meaning of the Children and Young People Act 2008, section 733. dog does not include an assistance animal that is with a person with a disability. education and care service— (a) means an education and care service within the meaning of the Education and Care Services National Law (ACT), section 5; but (b) does not include a family day care service within the meaning of the Education and Care Services National Law (ACT), section 5. Note The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT). public place means any unleased territory land that the public is entitled to use or that is open to, or used by, the public, and includes any street, road, lane, thoroughfare, footpath, or place that is territory land open to, or used by, the public.

Prohibited areas—permits

43 Prohibited areas—permits (1) The registrar may permit a person mentioned in the permit to take a particular dog into a particular prohibited area at the times stated in the permit.

(2) In making a decision under subsection (1), the registrar must consider the opinion of the conservator of flora and fauna about the impact on the environment if the permit were issued. (3) Subsection (2) does not limit the matters that the registrar may (4) A permit may be issued on conditions. (5) A permit— (a) takes effect on the day stated in the permit; and (b) unless sooner revoked, remains in force for the period of not longer than 1 year stated in the permit.

Dogs in public places must be controlled

44 Dogs in public places must be controlled (a) the person is the keeper or carer of a dog; and (c) the dog is not restrained by a leash. (a) the person is the keeper or carer of a dog; and (c) the dog is not under the effective control of the person. (3) The keeper of a dog commits an offence if the dog— (a) is in a public place; and (b) is not with a carer.

(5) Subsection (1) does not apply to a dog that is under the control of a person and is— (a) in an exercise area declared under section 40 (Declaration— exercise areas); or (b) a working dog working livestock; or (c) taking part in— (i) a dog show, field trial or obedience trial; or (ii) a dramatic performance or other entertainment. (6) In a prosecution for an offence against subsection (3), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection. (7) For this Act, a dog is under the effective control of a person if the person can prevent the dog from approaching other animals or people by— (a) use of a leash; or (b) holding or confining the dog; or (c) the dog— (i) being in sight of the person; and (ii) responding to and following the person’s commands. Example Pete is walking his large dog, Reggie, on a leash. However, Pete is not strong enough to stop Reggie pulling and approaching other dogs. Reggie is not under the effective control of Pete.

Dogs on private premises to be restrained

45 Dogs on private premises to be restrained (1) A carer of a dog commits an offence if— (a) the carer is with the dog on private premises; and (b) the dog is not restrained by a leash; and (c) the carer does not have the consent of the occupier of the (2) Subsection (1) does not apply if the carer is on premises occupied by the keeper of the dog. (3) A keeper of a dog commits an offence if— (a) the keeper is with the dog on private premises; and (b) the dog is not restrained by a leash; and (c) the keeper does not have the consent of the occupier of the (4) Subsection (3) does not apply if the keeper is on premises occupied by a carer of the dog. (5) A keeper of a dog commits an offence if— (a) the dog is on private premises; and (b) the dog is not with a carer; and (c) the keeper does not have the consent of the occupier of the

(7) In a prosecution for an offence against subsection (1), (3) or (5), it is evidence that the occupier of premises did not consent if an authorised person gives evidence that, at the time of the offence, the occupier told the authorised person that the occupier did not consent. (8) In a prosecution for an offence against subsection (1), (3) or (5), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection.

Disposal of faeces

46 Disposal of faeces (1) The carer of a dog must hygienically dispose of any faeces dropped by the dog in a public place or in a stormwater drain or channel (whether on public or private land). Example—hygienic disposal using a plastic bag or sealable container and placing the bag or container in a garbage bin (2) The carer of a dog commits an offence if the carer— (a) takes the dog into a public place or a stormwater drain or channel (whether on public or private land); and (b) is not carrying equipment suitable for the hygienic disposal of faeces dropped by the dog. Maximum penalty: 5 penalty unit.

Female dogs on heat

47 Female dogs on heat (1) A keeper or carer of a female dog must not allow the dog to enter or remain in a public place if the dog is on heat.

(3) This section does not apply if the dog is— (a) confined in a motor vehicle in a public place; or (b) under the control of the keeper or carer and taking part in— (i) a dog show, field trial or obedience trial; or (ii) a dramatic performance or other entertainment. (4) In a prosecution for an offence against this section, it is not a defence that the dog was under the control of a competent person.

Div 2

6 Attacking, harassing and menacing

Division 2.6 Attacking, harassing and menacing dogs

Harassment of people and animals by dogs

49 Harassment of people and animals by dogs (1) A dog is taken to harass a person if, because of its behaviour, the person reasonably fears that the dog is about to attack the person without provocation. (2) A dog is taken to harass an animal if the dog hunts or torments the

49A

Dog attacks or harasses person or animal

49A Dog attacks or harasses person or animal (a) the person is the carer for a dog; and (b) the dog attacks or harasses another person or animal. (a) the person is the keeper of a dog; and (b) the dog attacks or harasses another person or animal.

(4) It is a defence to a prosecution for an offence against this section if (5) Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that— (a) the defendant asked or told another person to be the carer for the dog; and (b) that person was, at the time of the offence, the carer for the dog; and (c) the defendant had taken reasonable measures to ensure that the carer was able to exercise responsible dog management, care and control of the dog. Examples—par (c) • telling the carer about the dog, including about any control order or nuisance notice • ensuring the carer was experienced enough and physically able to manage, care and control the dog • ensuring the carer had a leash and secure premises for the dog s (4) and s (5) (see Criminal Code, s 59). (6) If a person is convicted or found guilty of an offence against this

safety of the public and other animals.

Dog attacks person or animal causing serious injury

50 Dog attacks person or animal causing serious injury (a) the person is the carer for a dog; and and (a) the person is the keeper of a dog; and and

(3) It is a defence to a prosecution for an offence against this section if (4) Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that— (a) the defendant asked or told another person to be the carer for the dog; and (b) the person was, at the time of the offence, the carer for the dog; and (c) the defendant had taken reasonable measures to ensure that the carer was able to exercise responsible dog management, care and control of the dog. Examples—par (c) • telling the carer about the dog including about any control order or nuisance notice • ensuring the carer was experienced enough and physically able to manage, care and control the dog • ensuring the carer had a leash and secure premises for the dog s (3) and s (4) (see Criminal Code, s 59). (5) If a person is convicted or found guilty of an offence against this

safety of the public and other animals.

50A

Dangerous dog attacks or harasses person or animal

50A Dangerous dog attacks or harasses person or animal (a) the person is the keeper of a dangerous dog; and (c) the act or omission results in the dog attacking or harassing another person or animal. (a) the person is a keeper of a dangerous dog; and and Maximum penalty: 500 penalty units, imprisonment for 5 years or (3) It is a defence to a prosecution for an offence against this section if

s (3) (see Criminal Code, s 59). (4) If a person is convicted or found guilty of an offence against this safety of the public.

50B

Obligations of keeper or carer if dog attacks

50B Obligations of keeper or carer if dog attacks (a) a keeper or carer of a dog is with the dog; and (b) the dog attacks a person or a person’s animal (the affected person). (2) The keeper or carer must, if asked by the affected person, give the affected person— (a) reasonable assistance as requested; and (b) the keeper or carer’s name, address and contact details. (3) If the attack caused serious injury to a person or animal, the keeper or carer must tell the registrar about the attack within 5 days after the day of the attack.

(4) An offence against subsection (3) is a strict liability offence.

Encouraging dogs to attack or harass

51 Encouraging dogs to attack or harass (1) A person must not, without reasonable excuse, knowingly encourage a dog to attack or harass someone else or an animal. (2) This section does not apply if— (a) the defendant reasonably believed the animal to be vermin; and (b) the defendant was on the land with the lessee’s consent.

51A

Provoking dog to attack

51A Provoking dog to attack A person commits an offence if— (a) the person provokes a dog; and (b) the provocation caused the dog to attack the person, another person or an animal.

Costs of impounding dogs

52 Costs of impounding dogs (1) This section applies in relation to a prosecution of a person for an offence against section 50 (1) or (2), section 50A or section 51 in relation to a dog. (2) If the court convicts the person, or finds the person guilty, of the offence, the costs of impounding the dog are payable to the Territory by the keeper of the dog.

Destruction of attacking dogs

53 Destruction of attacking dogs (1) A person may destroy a dog that attacks the person if the destruction of the dog is necessary to bring the attack to an end.

(2) A person may destroy a dog found attacking someone else or an animal if the destruction of the dog is necessary to bring the attack to an end. (3) A person may destroy a dog found in an enclosed field if the person reasonably believes that an animal confined in the field has just been killed, injured or attacked by the dog. (4) Subsection (3) does not apply if the dog cannot move freely about the field because of a leash or other form of restraint. field includes a paddock, yard or other place.

53A

Complaints about attacking, harassing or menacing dogs

53A Complaints about attacking, harassing or menacing dogs (1) A person may complain in writing to the registrar about a dog if the dog— (a) attacked or harassed a person or an animal; or (b) is aggressive or menacing. (a) must investigate the complaint if it is about an attack that caused the death of, or serious injury to, a person; and (b) in any other case—may investigate the complaint. Note The dog may be seized and impounded by an authorised person until the end of the investigation (see s 56A). (3) The registrar must tell the complainant in writing— (a) whether or not the registrar investigated the complaint; and (b) if an investigation was conducted—the outcome of the investigation. (4) The registrar may make guidelines about how the registrar investigates complaints.

(5) A guideline is a notifiable instrument.

53B

Dealing with attacking dogs—death or serious injury to

53B Dealing with attacking dogs—death or serious injury to person or death of animal (1) This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that— (a) a dog attacked a person or an animal; and (b) the attack caused— (i) the death of the person; or (ii) serious injury to the person; or (iii) the death of the animal. (2) The registrar must destroy the dog. (3) However, subsection (2) does not apply if, and only if, the registrar is reasonably satisfied the dog is not likely to be a danger to the public or another animal. (4) For subsection (3), the registrar may consider— (a) the circumstances of the attack including whether— (i) the person or animal provoked the dog; or (ii) the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or (iii) if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and (b) whether reasonable steps can be taken to reduce the risk of the dog endangering the public and other animals; and (c) any other relevant matter.

(5) The registrar may destroy the dog if— to destroy the dog; and (i) does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or decision to destroy the dog is confirmed. (6) If the registrar decides not to destroy the dog, the registrar— and Note 1 The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2). Note 2 The registrar must give a reviewable decision notice for s (2) and s (6) to the keeper or carer and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A). 53C Dealing with attacking, harassing or menacing dogs generally (1) This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that a dog— (a) attacked a person or an animal and the attack caused— (i) an injury (other than a serious injury) to the person; or (ii) serious injury to the animal; or

(b) harassed a person or an animal; or (c) is aggressive or menacing. (2) The registrar may decide to destroy the dog. (3) In making a decision under subsection (2), the registrar— (a) must consider— (i) the safety of the public and other animals; and (ii) if the dog attacked a person or animal—the circumstances of the attack including whether— (A) the person or animal provoked the dog; or (B) the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or (C) if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and (4) If the registrar decides not to destroy the dog, the registrar— and Note 1 The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2). Note 2 The registrar must give a reviewable decision notice for s (2) and s (4) to the keeper or carer and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A).

53CA Meaning of control order For this Act, a control order, for a dog, means an order issued by the registrar to the dog’s keeper or carer requiring the dog’s keeper or carer to do— (a) a thing prescribed by regulation; and (b) any other thing the registrar considers appropriate. 53CB Control orders—carers (1) This section applies if a control order is issued to the keeper of a dog. (2) The keeper must give a copy of the control order to a carer of the dog.

53D

Revocation of control order

53D Revocation of control order (1) The registrar may revoke a control order if reasonably satisfied, after carrying out an inspection, that— (a) the order has been complied with; and (b) adequate steps have been taken so that there is not an unacceptable risk to the safety of the public from the control order being revoked. (2) The registrar must give written notice of the revocation, and a statement of reasons for the revocation, to each person to whom notice of the control order was given.

53E

Offence—failure to comply with control order

53E Offence—failure to comply with control order (a) is a keeper or carer of a dog; and (b) is issued with, or given a copy of, a control order for the dog; and

Compensation for injuries etc caused by dogs

55 Compensation for injuries etc caused by dogs (a) a dog attacks or harasses a person and the person suffers personal injury or property damage because of the attack or harassment; or (b) a dog attacks or harasses an animal and the animal dies or is injured because of the attack or harassment. (2) The keeper of the dog is liable to pay to the person, or the owner of the animal, compensation for any loss or expense because of the attack or harassment. (3) Compensation may be recovered— (a) whether or not a prosecution for an offence against this Act has been brought against the keeper of the dog in relation to the attack or harassment; and (b) if a prosecution for an offence against this Act has been brought against the keeper—even if the keeper has been acquitted of the offence. (4) In a proceeding for compensation under this section for loss or expense by a person (the plaintiff) for personal injury or property damage, it is a defence for the defendant to prove that— (a) the attack or harassment happened to the plaintiff while the plaintiff was, without reasonable excuse, on premises occupied by the defendant; or (b) the plaintiff failed to take reasonable care for their own safety; or

(c) the plaintiff provoked the dog. (5) In a proceeding for compensation under this section for the death or injury of an animal, it is a defence for the defendant to prove that the attack or harassment happened to the animal while it was on premises occupied by the defendant or that the animal had provoked the dog. (6) This section does not affect any right that a person has to recover damages or compensation apart from this section.

55A

Access to information about dog attacks

55A Access to information about dog attacks (a) the registrar is satisfied that a person (the victim) has suffered injury or other loss because a dog has attacked or harassed the victim or the victim’s animal; and (b) the registrar holds information about the attack or harassment; and (c) the information would help the victim identify the owner of the dog. (2) If an application is made by a relevant person to the registrar for access to the information, the registrar must give the applicant the information. (3) Each of the following is a relevant person: (a) the victim; (b) the victim’s legal representative; (c) if the victim does not have legal capacity—the victim’s parent or guardian; (d) anyone the registrar reasonably believes is a person mentioned in paragraph (a), (b) or (c).

55B

Notice to affected neighbours

55B Notice to affected neighbours (a) a dog is declared to be a dangerous dog; or (b) a control order is issued to a keeper or carer of a dog; or (c) a nuisance notice is issued to a keeper or carer of a dog. (2) The registrar may, if the registrar thinks it is in the interest of the safety of the public and other animals to do so, give notice of the dangerous dog declaration, control order or nuisance notice to people occupying property adjacent or nearby to premises where the dog is kept, or being cared for.

Seizure of dogs—general

56 Seizure of dogs—general (1) An authorised person may seize a dog if— (a) the dog is not registered under section 7; or (b) the dog is not implanted with an identifying microchip as (c) the dog is in a prohibited area in contravention of section 41 (Prohibited areas); or (d) the dog is not restrained in contravention of section 44 (1), (2) or (3) (Dogs in public places must be controlled) or section 45 (1) or (3) (Dogs on private premises to be restrained); or (e) the dog is on premises occupied by a person other than the keeper of the dog and the occupier asks an authorised person to seize the dog; or

(f) a court has ordered that the dog be destroyed under section 50 (5) (a) (Dog attacks person or animal causing serious injury); or (g) the court has ordered the dog be destroyed under section 50A (4) (Dangerous dog attacks or harasses person or animal); or (h) the keeper or carer fails to give an authorised person the person’s name and address if required by the authorised person under section 134. (2) Also, an authorised person may seize a dog if— (a) the registrar refuses to register the dog under section 7 (1) (b); or (b) the dog’s registration is cancelled under section 13 (1) (c) or (2) (b); or (c) the keeper has not complied with a control order issued to the keeper or carer in relation to the dog; or (d) the keeper breeds a litter from the dog without a breeding (e) the dog is at least 6 months old and not de-sexed and the keeper does not hold a permit under part 3 for the dog; or (f) the authorised person reasonably believes that— (i) the keeper or carer of the dog is not demonstrating responsible dog management, care or control in relation to the dog; or (ii) the safety of the public or other animals are at risk because of the keeper or carer’s actions. (3) If subsection (2) (d) applies, the authorised person may seize the parent dogs and pups.

56A

Seizure of dogs—investigation of complaints about

56A Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs (1) This section applies if the registrar investigates a complaint about a dog under section 53A (Complaints about attacking, harassing or menacing dogs). (2) An authorised person— (a) must seize the dog if the complaint is that— (i) the dog attacked the complainant or another person; and (ii) the attack caused the death of or serious injury to a person; or (b) in any other case—may seize the dog. (3) If an authorised person seizes a dog, the authorised person must— (a) impound the dog until the investigation is completed; or (b) if the authorised person is reasonably satisfied that the dog can be kept by the keeper or carer on suitable and secure premises— direct the keeper or carer orally, or in writing, to keep the dog on the premises in accordance with any stated conditions until the investigation is completed. (b) any other condition the authorised person considers appropriate. (5) If the authorised person gives an oral direction under subsection (3) (b), the authorised person must confirm the direction in writing as soon as practicable. (6) A person commits an offence if the person fails to comply with a direction under subsection (3) (b).

(7) An offence against this section is a strict liability offence.

Seizure—dangerous dogs

57 Seizure—dangerous dogs An authorised person must seize a dangerous dog— (a) if— (i) the keeper of the dog has contravened a condition of a dangerous dog licence in force for the dog; and (ii) the authorised person reasonably believes, having regard to the safety of the public, that the contravention justifies the seizure; or (b) if a dangerous dog licence is not in force for the dog; or (c) if the dangerous dog licence in force for the dog is cancelled.

Seizure—multiple dog licence

58 Seizure—multiple dog licence An authorised person may seize a dog if— (a) the dog is being kept in contravention of section 18 (Requirement to be licensed if multiple dogs); or (b) the dog’s keeper has not complied with a condition of a multiple dog licence held by the keeper in relation to the dog.

Seizure—attacking, harassing or menacing dogs

59 Seizure—attacking, harassing or menacing dogs An authorised person— (a) must seize a dog if the authorised person reasonably suspects— (i) the dog attacked a person; and (ii) the attack caused the death of or serious injury to a person; or

(b) may seize a dog if the authorised person reasonably suspects the dog— (i) attacked a person or an animal and the attack caused— (A) an injury (other than a serious injury) to the person; or (B) serious injury to the animal; or (ii) harassed a person or an animal; or (iii) is aggressive or menacing.

Impounding of dogs seized

60 Impounding of dogs seized (1) An authorised person— (a) may impound a seized dog; and (b) if a dog is impounded— (i) if the identity of the dog’s keeper or carer is not known— must make reasonable inquiries to find out who is the keeper or carer; or (ii) if the identity of the dog’s keeper or carer is known—must give oral or written notice to the keeper or carer in accordance with section 61 about the dog’s seizure. (2) The authorised person may give the notice by telephone. (3) For subsection (1) (a), if the authorised person is reasonably satisfied that the dog can be kept by the keeper or carer on suitable and secure premises, the authorised person may direct the keeper or carer orally, or in writing, to keep the dog on the premises in accordance with any stated conditions until the investigation is completed. (b) any other condition the authorised person considers appropriate.

(5) If the authorised person gives an oral direction under subsection (3), the authorised person must confirm the direction in writing as soon as practicable. (6) A person commits an offence if the person fails to comply with a direction under subsection (3). (7) An offence against this section is a strict liability offence.

Information to be given in notice of dog’s seizure

61 Information to be given in notice of dog’s seizure If a dog is seized under this part, the notice of seizure under section 60 (1) (b) (ii) must give the following information, if relevant: (a) when and where the dog was seized; (b) the reason the dog was seized; (c) where the dog may be claimed; (d) if the dog is not registered—registration of the dog, including the cost of registration; (e) if the keeper does not hold a dangerous dog licence or multiple dog licence for the dog and the licence is required for the dog— the relevant licence, including the cost of the licence; (f) if the dog’s keeper holds a dangerous dog licence for the dog— the conditions of the licence and that the conditions may be varied or cancelled; (g) the fee payable for the release of the dog; (h) that the dog may be sold or destroyed if it is not claimed; (i) the period in which the dog may be claimed before it may be sold or destroyed; (j) that the keeper may relinquish ownership of the dog.

Releasing dogs seized under general seizure power

62 Releasing dogs seized under general seizure power (1) This section applies to a dog seized under section 56 (Seizure of dogs—general) unless the dog is declared to be a dangerous dog after it was seized. (c) the premises where the dog will be kept are secure enough to prevent the dog escaping; and (d) if the dog was seized under section 56 (1) (a), (b), (c) or (d) because of an offence against this Act—subsection (3) applies to the offence; and (e) the dog’s keeper has not relinquished ownership under (f) any fee payable under section 144 for the release of the dog has (g) the keeper is able to exercise responsible dog management, care (h) there is not an unacceptable risk to the safety of the public and other animals from the dog being released. or

holding period, in relation to a seized dog, means— (a) 28 days after the day the dog was seized (the original period); or (b) if the registrar gives written notice to the dog’s keeper before the end of the original period—the original period plus an additional stated period.

Releasing dogs seized under power relating to multiple

63 Releasing dogs seized under power relating to multiple dogs (1) This section applies to a dog seized under section 58 (Seizure— contravention of multiple dog licence) unless the dog is declared to be a dangerous dog after it was seized.

(c) the premises where the dog will be kept are secure enough to prevent the dog escaping; and (d) the keeper has any multiple dog licence needed to keep the dog; and (e) if the dog was seized under section 58 because of an offence against this Act—subsection (3) applies to the offence; and (f) the dog’s keeper has not relinquished ownership under (g) any fee payable under section 144 for the release of the dog has (h) the keeper is able to exercise responsible dog management, care (i) there is not an unacceptable risk to the safety of the public or accordance with the conditions of the keeper’s multiple dog or

holding period, in relation to a seized dog—see section 62 (4).

Releasing dogs seized under attacking and harassing

64 Releasing dogs seized under attacking and harassing power (1) This section applies to a dog seized under section 59 (Seizure— attacking, harassing or menacing dogs) unless the dog is declared to be a dangerous dog after it was seized. (c) the court has not ordered the dog be destroyed under— (i) section 50 (5) (Dog attacks person or animal causing serious injury); or (ii) section 50A (4) (Dangerous dog attacks or harasses person or animal); and (d) if the dog was seized under section 59 because of an offence against this Act—subsection (3) applies to the offence; and (e) the dog’s keeper has not relinquished ownership under (f) any fee payable under section 144 for the release of the dog has

(g) the keeper is able to exercise responsible dog management, care (h) there is not an unacceptable risk to the safety of the public or accordance with the conditions of any control order. or holding period, in relation to a seized dog—see section 62 (4).

Releasing dogs declared dangerous after seizure for

65 Releasing dogs declared dangerous after seizure for offence (a) a dog is seized under this Act; and (b) after the seizure, the dog is declared to be a dangerous dog.

but only if, satisfied that— (b) a dangerous dog licence is in force for the dog; and (c) the keeper is able to exercise responsible dog management, care (d) there is not an unacceptable risk to the safety of the public or another animal from the dog being released and kept in accordance with the conditions of a dangerous dog licence; and (e) any fee payable under section 144 for the release of the dog has

65A

Releasing dogs seized because of complaint

65A Releasing dogs seized because of complaint (1) This section applies if a dog is seized under section 56A (Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs). (2) The registrar must release the dog to a person claiming its release if— (a) the registrar is reasonably satisfied of the matters mentioned in section 62 (2) (excluding paragraph (d)); and (b) the investigation is completed. (3) The registrar may release the dog under subsection (2) only if satisfied that— (a) the keeper is able to exercise responsible dog management, care (b) there is not an unacceptable risk to the safety of the public and accordance with the conditions of any dangerous dog licence and control order; and

Selling or destroying dogs (other than dangerous dogs)

66 Selling or destroying dogs (other than dangerous dogs) generally (1) This section applies to a dog, other than a dangerous dog, seized under— (a) section 56 (Seizure of dogs—general); or (b) section 59 (Seizure—attacking, harassing or menacing dogs); or (c) section 114 (Seizure, impounding and return of nuisance animals). Note Section 68 deals with the selling and destruction of dangerous dogs. (ii) or section 114 (2) (b) (ii) was given to the dog’s keeper, the keeper does not tell the registrar, in writing, that the keeper wishes to claim the dog and, if the dog is not registered, apply to the registrar to register the dog.

Selling or destroying dogs (other than dangerous dogs)

67 Selling or destroying dogs (other than dangerous dogs) seized under multiple dog licence power (1) This section applies to a dog seized under section 58 (Seizure— contravention of multiple dog licence) unless the dog is a dangerous dog. Note Section 68 deals with the selling and destruction of dangerous dogs.

(ii) was given to the dog’s keeper, the keeper does not tell the registrar, in writing, that the keeper wishes to claim the dog and— (i) if a multiple dog licence is required for the dog and a multiple dog licence is not in force for the dog—apply to the registrar for a multiple dog licence; and (ii) if the dog is not registered—apply to the registrar to register the dog. (3) The registrar may sell or destroy a dog mentioned in subsection (2) (c) (i) if— (a) the dog’s keeper applies for a multiple dog licence for the dog; and (b) the registrar refuses to issue the licence; and (c) the keeper receives notice of the registrar’s decision to refuse to issue the licence; and (d) either— (i) the keeper does not, not later than 7 days after the day the keeper receives the notice (the application period), make an application under section 120 for review of the decision; or

(ii) the keeper makes an application under section 120 for review of the decision not later than the application period and the registrar’s decision to refuse to issue the licence is confirmed.

67A

Selling dogs (other than dangerous dogs) if keeper unfit

67A Selling dogs (other than dangerous dogs) if keeper unfit (a) a dog is seized under this Act; and (b) the dog is not a dangerous dog; and (c) the registrar is reasonably satisfied that— (i) the dog’s keeper is unable to exercise responsible dog management, care or control in relation to the dog; or (ii) there would be an unacceptable risk to the safety of the public or other animals if the dog were released to the keeper; and (d) the registrar is reasonably satisfied that the dog would not be an unacceptable risk to the safety of the public or other animals if the dog were kept by someone who was able to exercise responsible dog management, care or control in relation to the dog. (2) The registrar may decide to sell the dog. (3) The registrar may sell the dog if— to sell the dog; and (i) does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or

decision to sell the dog is confirmed. Note The registrar must give a reviewable decision notice for s (2) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A).

Selling or destroying dangerous dogs generally

68 Selling or destroying dangerous dogs generally (1) This section applies to a dog seized under this division that is a dangerous dog, whether the dog was declared to be a dangerous dog before or after it was seized. (ii) was given to the dog’s keeper, the keeper does not tell the registrar, in writing, that the keeper wishes to claim the dog and— (i) if a dangerous dog licence is not in force for the dog— apply to the registrar for a dangerous dog licence; and (ii) if the dog is not registered—apply to the registrar to register the dog. (3) The registrar may sell or destroy a dog mentioned in subsection (2) (c) (i) if— (a) the dog’s keeper applies for a dangerous dog licence for the dog; and

(b) the registrar refuses to issue the licence; and (c) the keeper receives notice of the registrar’s decision to refuse to issue the licence; and (d) either— (i) the keeper does not, not later than 7 days after the day the keeper receives the notice (the application period), make an application under section 120 for review of the decision; or (ii) the keeper makes an application under section 120 for review of the decision not later than the application period and the registrar’s decision to refuse to issue the licence is confirmed.

68A

Destroying dogs—public safety concerns

68A Destroying dogs—public safety concerns (1) This section applies if the registrar reasonably believes that a dog— (a) is an unacceptable risk to the safety of the public or other animals; and (b) cannot be reasonably rehoused, retrained or otherwise rehabilitated so that the dog is no longer an unacceptable risk to the safety of the public or other animals. (2) The registrar may decide to destroy the dog. (3) The registrar may destroy the dog if— to destroy the dog; and (i) does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or

decision to destroy the dog is confirmed. Note The registrar must give a reviewable decision notice for s (2) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A).

Relinquishing ownership of dogs

69 Relinquishing ownership of dogs (1) This section applies to a dog seized under this Act. (2) The dog’s keeper may relinquish ownership of the dog by signed writing given to the registrar. (3) An instrument relinquishing ownership of the dog— (a) takes effect at the end of 3 days beginning on the day the signed instrument is given to the registrar; and (b) must contain a statement to the effect of paragraph (a). (4) After an instrument relinquishing ownership of the dog takes effect, the registrar— (a) is not obliged to return the dog to its keeper; and (b) may sell or destroy the dog. (5) To remove any doubt, the registrar must not sell or destroy the dog under this section until the instrument relinquishing ownership of the dog takes effect.

Returning seized dog to its keeper

70 Returning seized dog to its keeper (1) The registrar may return a dog seized under this part to its keeper or carer under this section if satisfied that it would be in the public interest to return the dog.

Miscellaneous Division 2.8 (2) In making a decision under subsection (1), the registrar must (a) the safety of the public; and (b) the cost of keeping the dog impounded; and (c) whether financial or other hardship would be caused to the keeper or carer if the dog were to remain impounded. (3) Subsection (2) does not limit the matters the registrar may consider. (4) The registrar may return the dog to its keeper or carer and— (a) may issue a control order for the dog to the keeper or carer; and (5) If the registrar returns the dog to its keeper or carer under this part, the registrar may waive all or part of any fee payable by the dog’s keeper or carer under this part if satisfied that not to waive the fee would cause the keeper financial hardship.

Guidelines about returning impounded dogs

71 Guidelines about returning impounded dogs (1) The Minister may issue guidelines about the exercise of the registrar’s functions under section 70. (2) The registrar must comply with any guidelines under this section.

Offence—breeding dogs or cats without licence

72 Offence—breeding dogs or cats without licence (a) is a keeper or carer of a dog or cat; and (b) breeds a litter from the dog or cat; and (c) does not hold a breeding licence. (a) is a keeper, person in day-to-day control of or carer of a female greyhound; and (b) breeds a litter from the greyhound; and (c) does not hold a breeding licence. (3) Subsection (2) does not apply if the litter was not bred for the purpose of greyhound racing. mentioned in s (3) (see Criminal Code, s 58).

72A

Breeding licence—applications

72A Breeding licence—applications A person may apply to the registrar for a licence to breed a dog or cat (a breeding licence).

72B

Breeding licence—approval or refusal

72B Breeding licence—approval or refusal (1) If an application for a breeding licence is made under section 72A, (a) issue the licence; or (b) refuse to issue the licence. (a) must refuse to issue the licence if the applicant is disqualified (b) may refuse to issue the licence if the registrar reasonably believes— public and other animals if the licence were issued; or (ii) the applicant has failed, or is unable, to exercise responsible dog management, care or control; or (iii) the applicant cannot comply with the requirements of the Animal Welfare Act 1992 and any approved or mandatory code of practice under that Act. (a) the number and kind of animals kept by the applicant at the premises to which the application relates; (b) the size and nature of the premises to which the application (c) the suitability of facilities on the premises for keeping and breeding dogs or cats; (d) the potential impact on the occupiers of neighbouring premises;

(e) whether the applicant is a member of a recognised breeding organisation; 10 years against a law of a State or Territory for an offence (g) the safety of the public and other animals.

72C

Breeding licence—duration

72C Breeding licence—duration A breeding licence remains in force for 2 years unless sooner surrendered or cancelled.

72D

Breeding licence—form

72D Breeding licence—form (1) A breeding licence must— (b) state the following information: (i) the name of the licensee; (ii) the address or location of the premises to which the licence (iii) the conditions on the licence; (iv) the unique licence number relating to the licence; (v) anything else prescribed by regulation. (2) A licence may include anything else the registrar considers relevant.

72E

Breeding licence—conditions

72E Breeding licence—conditions (1) The registrar may issue a breeding licence on conditions stated in the (2) A condition may limit the number of litters a dog or cat may breed.

(3) A breeding licence is subject to the condition that the licensee complies with— (a) any relevant breeding standard determined under the Animal Welfare Act 1992, section 15B (Intensive breeding of cats or dogs); and (b) any relevant mandatory code of practice approved under the Animal Welfare Act 1992, section 23 (Mandatory code of practice). (4) In making a decision whether or not to impose a condition on a breeding licence, the registrar must consider the following: (a) the number and kind of animals kept by the applicant at the premises to which the application relates; (b) the size and nature of the premises to which the application (c) the potential impact on the occupiers of neighbouring premises. (5) Subsection (4) does not limit the matters the registrar may consider.

72F

Breeding licence—variation

72F Breeding licence—variation (1) On application by the holder of a breeding licence, the registrar may vary the licence. (2) The registrar may vary a breeding licence on the registrar’s own initiative if the registrar is satisfied that it is in the public interest to do so. (3) Before varying a breeding licence on the registrar’s own initiative, the registrar must give the licensee a written notice— (a) stating how the registrar proposes to vary the licence; and (b) stating the reasons why the registrar proposes to vary the

to the registrar about the matters stated in the notice within 14 days beginning on the day after receiving the notice. (4) In making a decision under subsection (1) or (2), the registrar must (a) the matters mentioned in section 72B (3) (Breeding licence— approval or refusal); and (b) any breach of the conditions of the licence. (5) In making a decision whether to vary the breeding licence on the registrar’s own initiative, the registrar must consider any response given to the registrar in accordance with subsection (3) (c). (6) Subsections (4) and (5) do not limit the matters the registrar may (7) The registrar must refuse to vary a breeding licence if the registrar must refuse under section 72B (2) (Breeding licence—approval or refusal) to issue the licence as varied. (8) The registrar must give the licensee written notice of the registrar’s (9) A variation of a breeding licence takes effect on the day notice of the variation is given to the licensee or, if the notice provides for a later day, that day.

72G

Breeding licence—cancellation

72G Breeding licence—cancellation (1) The registrar— (a) must cancel a breeding licence if the licensee is disqualified

(b) may cancel a breeding licence if— (i) the registrar becomes aware of circumstances that, if the registrar had been aware of them at the time of the application for the licence, would have resulted in the application being refused; or (ii) the licensee contravenes a condition of the licence; or (iii) the licence was obtained by a false or misleading statement; or (iv) there would be an unacceptable risk to the safety of the public or other animals if the licence were not cancelled; or (v) the registrar reasonably believes that the licensee has management, care or control; or (vi) it is otherwise appropriate to do so. (2) Before cancelling a breeding licence, the registrar must give the licensee a written notice— (a) stating the grounds on which the registrar proposes to cancel the (b) stating the facts that, in the registrar’s opinion, establish the grounds; and to the registrar about the matters in the notice, within 14 days beginning on the day after receiving the notice. (3) In deciding whether to cancel the licence, the registrar must consider any response given to the registrar in accordance with subsection (2) (c).

(4) The registrar must give the licensee written notice of the registrar’s (5) Cancellation of a breeding licence takes effect on the day notice of the cancellation is given to the licensee or, if the notice provides for a later day, that day.

72H

Breeding licence—cancellation or disqualification from

72H Breeding licence—cancellation or disqualification from holding (1) If a person is convicted or found guilty of an animal welfare offence court may— (a) cancel a breeding licence held by the person; or (b) disqualify the person from holding a breeding licence for a period decided by the court. (2) In making a decision under subsection (1), the court must consider— (a) the acts or omissions of the person constituting the offence; and (b) any conviction or finding of guilt of the person within the last 10 years for an offence against a law of a State or Territory (3) Subsection (2) does not limit the matters that the court may consider. (4) If the court cancels or disqualifies a person from holding a breeding licence, the court must give particulars of the cancellation or disqualification to the registrar.

72I

Offence—licensee change of address

72I Offence—licensee change of address A person commits an offence if the person— (a) holds a breeding licence; and (b) changes address; and

(c) does not tell the registrar of the change in address within 30 days after the change. Maximum penalty: 1 penalty unit.

72J

Breeding—recognised breeding organisation

72J Breeding—recognised breeding organisation (1) The registrar may declare that a breeding organisation is a recognised breeding organisation. (2) A declaration is a notifiable instrument.

72K

Offence—breeding, selling and advertising requirements

72K Offence—breeding, selling and advertising requirements (a) breeds a dog or cat; and (b) does not hold a breeding licence. (a) sells or gives away a dog or cat; and (b) does not give the buyer or recipient of the dog or cat— (i) if the person holds a breeding licence—the person’s breeding licence number; or (ii) in any other case—the person’s rehoming identifier and the unique identifier from the dog or cat’s microchip. (3) A person commits an offence if the person— (a) publishes a statement that either— (i) constitutes an invitation to buy or otherwise acquire a dog or cat from the person; or

(ii) could reasonably be understood to constitute an invitation to buy or otherwise acquire a dog or cat from the person; and (b) does not include in the publication— (i) if the person holds a breeding licence—the person’s breeding licence number; or (ii) in any other case—either the person’s rehoming identifier or the unique identifier from the dog or cat’s microchip. rehoming identifier, of a person, means— (a) if a person has an identifier for rehoming a dog or cat under the law of a State—the person’s identifier; or (b) in any other case—either of the following: (i) if the person has an ABN—the person’s ABN; (ii) if the person does not have an ABN—the person’s name.

72M

Offence—reporting on breeding of greyhounds

72M Offence—reporting on breeding of greyhounds (a) is a keeper, person in day-to-day control of or carer of a female greyhound; and (b) breeds a litter from the greyhound; and (c) does not tell the registrar, in writing, all of the following within 7 days after the day the litter was bred: (i) the number of puppies born; (ii) the sex of each puppy;

(iii) anything else prescribed by regulation. Note The owning and keeping of racing greyhounds in the ACT is regulated under division 2.4A (Racing greyhounds). A person commits an offence if the person conducts or takes part in greyhound racing in the ACT—see the Animal Welfare Act 1992, s 18A.

Meaning of de-sex and permit for pt 3

73 Meaning of de-sex and permit for pt 3 de-sex, in relation to a dog or cat, includes any surgical procedure performed to sterilise the dog or cat. permit means a permit issued under this part.

Dogs and cats to be de-sexed if over certain age

74 Dogs and cats to be de-sexed if over certain age (1) A person must not keep a dog that has not been de-sexed if the person does not hold a permit for the dog. (2) A person must not keep a cat that has not been de-sexed if the person does not hold a permit for the cat. (4) This section does not apply in relation to— (a) a dog that is less than 6 months old or a cat that is less than 3 months old; or (b) a dog or cat born before 21 June 2001; or (c) a registered racing greyhound.

(5) It is a defence to a prosecution for an offence against this section in relation to a dog or cat if— (a) the defendant proves that it is less than 28 days since the day the dog or cat first came into the defendant’s possession; or (b) the defendant proves that the defendant— (i) carries on the business of offering dogs or cats for sale by retail; and (ii) is keeping the dog or cat for the purpose of offering it for sale; or (c) a veterinary practitioner certifies in writing that de-sexing the dog or cat would be a serious health risk to the animal.

74A

Sale of older dogs and cats not de-sexed

74A Sale of older dogs and cats not de-sexed (a) the person sells a dog or cat that has not been de-sexed; and (b) either— (i) for a dog—the dog is 6 months old or older; or (ii) for a cat—the cat is 3 months old or older; and (c) the person does not hold a permit for the dog or cat. (3) Subsection (1) does not apply to— (a) a dog or cat if a veterinary practitioner certifies, in writing, before the dog was sold that de-sexing the animal would be a serious health risk to the animal; or (b) a registered racing greyhound.

Permits for dogs and cats not de-sexed

75 Permits for dogs and cats not de-sexed An individual may apply to the registrar for a permit to keep a dog or cat that is not de-sexed.

Approval or refusal of applications

76 Approval or refusal of applications (1) If an application for a permit has been made under section 75, the registrar must, by written notice to the applicant— (a) issue a permit; or (b) refuse to issue a permit. (2) In making a decision under subsection (1), the registrar— (a) may consider the following: (i) whether the animal is kept for breeding or used, bred or bought for show; (ii) whether it would be detrimental to the health of the animal if it were to be de-sexed; (iii) any other relevant matter; and (b) must consider the safety of the public. (3) The registrar may issue a permit— (a) for a stated period; and (b) on any other condition.

Revocation of permits

77 Revocation of permits The registrar may revoke a permit if satisfied that a dog or cat is no longer a dog or cat to which section 76 (2) (Approval or refusal of applications) applies.

Production of permits

79 Production of permits (1) A keeper or owner of a dog or cat commits an offence if— (a) an authorised person asks the keeper or owner to show a permit for the dog or cat; and (b) the keeper or owner fails to show the permit to the authorised person within 24 hours after being asked. (3) A person is not required to comply with a requirement under this section if, when asked by the person, the authorised person does not produce the authorised person’s identity card.

Earmarkings

80 Earmarkings (1) A veterinary practitioner must not, without reasonable excuse, de-sex a dog or cat unless the veterinary practitioner marks an ear of the dog or cat with a tattoo. (2) A certificate signed by a veterinary practitioner stating that a dog or cat has been de-sexed is evidence that the dog or cat has been de-sexed unless the contrary is proved.

Identification of dogs and cats—regulations

83 Identification of dogs and cats—regulations (1) A regulation may make provision in relation to the compulsory identification of dogs and cats. (2) In particular, a regulation may provide for— (a) how dogs and cats are to be identified; and (b) the procedures to be followed for the compulsory identification of dogs and cats; and

(c) the people by whom compulsory identification may be carried out and their duties; and (d) the particulars to be contained in the compulsory identification.

Identification of dogs and cats—requirement

84 Identification of dogs and cats—requirement (a) the person keeps a dog or cat; and (b) the dog or cat is required to be identified by a regulation made for section 83; and (c) the dog or cat is not identified as required by the regulation. (a) the person sells a dog or cat; and (b) the dog or cat, after the sale, is required to be identified by a regulation made for section 83; and (c) the dog or cat is not identified as required by the regulation.

84AA Cat registration—applications (1) An individual who is an owner of a cat may apply to the registrar for registration of the cat. Note If the person who owns the cat is under 16 years old, the parent or guardian living with the person is taken to be the cat’s owner (see s 136). (2) An application must include the information prescribed by regulation. 84AB Cat registration—approval or refusal (1) If an application for registration has been made in accordance with section 84AA, the registrar must, by written notice to the applicant— (a) register the cat; or (b) refuse to register the cat. (2) For subsection (1) (b), the registrar— (a) must refuse to register the cat if the applicant is disqualified from keeping a cat or any other animal; or Note Section 138A deals with disqualification of a person from keeping an animal. (b) may refuse to register the cat if— (i) the cat is not implanted with an identifying microchip as (ii) the cat is not de-sexed as required under this Act; or (iii) the registrar reasonably believes that the applicant has failed, or is unable, to exercise responsible cat

84AC Cat registration—records If the registrar registers a cat, the registrar must record in the register the information prescribed by regulation. 84AD Cat registration—duration The registration of a cat remains in force for 12 months unless it is sooner surrendered, cancelled or renewed. 84AE Cat registration—renewal reminder notice (1) The registrar must give the registered keeper of a cat a written notice (a reminder notice) at least 14 days before the day the cat’s registration ends. (2) The reminder notice must state— (a) the date on which the cat’s registration ends; and (b) that the registered keeper is required to confirm or update information about the cat’s registration that is recorded, or that is required to be recorded, on the register; and (c) either— (i) the information about the cat’s registration required to be confirmed or updated; or (ii) how the keeper of the cat may electronically access information on the register about the cat’s registration; and (d) how the keeper may comply with the notice; and (e) that it is an offence for the keeper to fail to comply with the notice before the cat’s registration ends; and (f) any other information prescribed by regulation.

84AF Cat registration—compliance with renewal reminder notice (1) A registered keeper of a cat commits an offence if the keeper— (a) is given a reminder notice in accordance with section 84AE; and (b) fails to comply with the reminder notice. 84AG Cat registration—automatic renewal The registration of a cat is renewed if the registered keeper of the cat— (a) is given a reminder notice under section 84AE; and (b) complies with the reminder notice. 84AH Cat registration numbers and certificates (1) If the registrar registers a cat, the registrar must give— (a) a registration number to the cat; and (b) a registration certificate for the cat to the cat’s registered keeper. (2) If the registration of a cat is renewed, the registrar must give a registration certificate for the cat to the cat’s registered keeper. (3) A registration certificate for a cat must state the information prescribed by regulation. (4) If the registrar is satisfied that a registration certificate for a cat has been stolen, lost, damaged or destroyed, the registrar may give a new registration certificate to the cat’s registered keeper.

(5) If the registered keeper of a cat asks the registrar for a certified copy of the cat’s registration certificate, the registrar must give the registered keeper a copy of the certificate that is certified by the registrar to be a true copy. 84AI Cat registration—change of owner (1) This section applies if the registered keeper of a cat transfers ownership of the cat to another person (the new owner). (2) The registered keeper of the cat must give the following information about the new owner to the registrar within 14 days after the day ownership of the cat is transferred: (a) name; (b) address; (c) if known— (i) email address; and (ii) other contact information. (3) The new owner of the cat must apply to the registrar to be recorded as the registered keeper of the cat within 14 days after the day ownership of the cat is transferred. (5) An application under subsection (3) is taken to be an application to register the cat under section 84AA. (6) If the application under subsection (3) is refused, the cat’s registration is cancelled. Note As an application under this section is taken to be an application under s 8AA, the application may be refused on the grounds mentioned in s 84AB (2).

84AJ Cat registration—cancellation (1) The registrar must cancel the registration of a cat if— (a) the registrar is told in writing or becomes aware that the cat has died; or (b) the cat is destroyed under this Act; or (c) the registered keeper of the cat is disqualified from keeping a cat or any other animal. (2) The registrar may cancel the registration of a cat if— (a) the registered keeper of the cat tells the registrar in writing that the person is no longer the owner of the cat; or (b) the registrar reasonably believes that the cat’s keeper has failed, or is unable, to exercise responsible cat management, care or control; or (c) the cat is not implanted with an identifying microchip as (d) the cat is not de-sexed as required under this Act; or (e) the keeper fails to comply with a notice given in accordance with section 135A. Note A cat’s registration is also cancelled if an application to be recorded as the registered keeper of the cat is refused (see s 84AI (6)). 84AK Offence—keeping unregistered cats etc (1) A person commits an offence if the person keeps an unregistered cat.

(a) keeps a registered cat; and (b) is not the cat’s registered keeper. (4) Subsection (1) does not apply if— (a) the cat is under 56 days old; or (b) the cat has been kept by the person for less than 28 days; or (c) the person has been resident in the ACT for less than 28 days. (5) Subsection (2) does not apply if— (a) the registered keeper is unable to care for the cat; and (b) the person is caring for the cat on a temporary basis. (6) Also, subsection (1) or (2) does not apply to an entity exempted under section 84AP. mentioned in ss (4), (5) and (6) (see Criminal Code, s 58). 84AL Cat registration—change of registration details (1) If any of the registration details of a cat change, the cat’s registered keeper must tell the registrar, in writing, the new details within 14 days beginning the day after the change. registration details, of a cat, means the information given to the registrar by the cat’s registered keeper under section 84AA or section 84AE.

84AM Cat registration—evidence of registration (1) A registration certificate or a certified copy of a registration certificate given under section 84AH is evidence that the cat described in it is, or was, registered for the period mentioned in the certificate or copy. (2) A certificate issued by the registrar stating that a stated person was, or was not, the registered keeper of a stated cat for a stated period is evidence of that matter. (3) A document that appears to be a certificate or certified copy of the certificate given under subsection (2) or section 84AH is taken to be the certificate or a certified copy of the certificate, unless the contrary is proved. 84AN Declaration of cat containment (1) The Minister may declare an area to be an area where cats must be confined to their keeper’s or carer’s premises at all times or during stated times if the Minister is satisfied that— (a) cats are a threat to native flora or fauna in the area; or (b) for the welfare of cats in the area, it is appropriate to do so. (2) A declaration is a disallowable instrument. (3) Unless a declaration is disallowed by the Legislative Assembly, the declaration commences— (a) on the day after the last day when it could have been disallowed; or (b) if the declaration provides for a later date or time of commencement—on that date or at that time.

Cat containment Division 4.1B (4) The Minister must give additional public notice of the making of a declaration under this section. Note The requirement in s (4) is in addition to the requirement for notification on the legislation register as a disallowable instrument. (5) A declaration under the repealed provision in force immediately before the day the Domestic Animals Legislation Amendment Act 2022, section 3 commences is taken to have been made under subsection (1). (6) Subsections (3) and (4) do not apply to a declaration mentioned in subsection (5). (7) In this section: repealed provision means section 81 as in force immediately before the day the Domestic Animals Legislation Amendment Act 2022, section 3 commences. 84AO Breach of cat containment requirements (1) A cat’s keeper or carer commits an offence if— (a) the cat is in an area for which a declaration under section 84AN (a declared containment area) is in force; and (b) the cat is not confined to the premises of the keeper or carer. (2) A cat’s keeper or carer commits an offence if— (a) the cat is in an area other than a declared containment area; and (b) the cat is not confined to the premises of the keeper or carer. (3) An offence against subsection (1) or (2) is a strict liability offence.

(4) Subsections (1) and (2) do not apply— (a) if the keeper or carer has a reasonable excuse; or (b) if the cat is effectively controlled by the keeper or carer using a leash and harness. (5) Also, subsection (2) does not apply— (a) if the cat is registered under this division before 1 July 2022; or (b) if a document shows that the cat was born before 1 July 2022; or (c) to an entity exempted under section 84AP; or (d) if another exception prescribed by regulation applies. Examples—par (b) 1 veterinary record 2 written opinion from a veterinary practitioner about the cat’s age 3 document about the purchase or transfer of the cat 4 record about the cat’s microchipping mentioned in ss (4) and (5) (see Criminal Code, s 58). premises means a completely or partly enclosed space from which a cat cannot escape, and includes the following: (a) a building or part of a building; (b) a vehicle; (c) a cat cage; (d) a backyard or courtyard.

Keeping 4 or more cats Division 4.1 84AP Registrar may exempt entities from certain provisions (1) The registrar may, in writing, exempt an entity from any of the following provisions if the registrar is satisfied that the entity carries out activities for the reasonable care and management of stray cats: (a) section 84AK (1); (b) section 84AK (2); (c) section 84AO (2); (d) section 84A (1). (2) The registrar may make the exemption subject to a condition. (3) The Minister may give directions to the registrar about making exemptions under this section. (4) A direction is a notifiable instrument. (5) The registrar must comply with a direction.

84A

Multiple cat licences—requirement to be licensed

84A Multiple cat licences—requirement to be licensed (a) the person keeps 4 or more cats on 1 residential premises; and (b) the person does not hold a multiple cat licence to keep the cats on the premises. (2) This section does not apply to— (a) a cat less than 84 days old; or (b) a cat kept by the person for less than 28 days; or (c) a person resident in the ACT for less than 28 days; or

(d) a cat that is an assistance animal; or (e) a cat kept on land that is under a lease that allows for an animal care facility; or (f) an entity exempted under section 84AP.

84B

Multiple cat licences—applications

84B Multiple cat licences—applications A person may apply to the registrar for a licence to keep 4 or more cats on 1 residential premises (a multiple cat licence).

84C

Multiple cat licences—approval or refusal

84C Multiple cat licences—approval or refusal (1) If an application for a multiple cat licence is made under section 84B, (2) The registrar must refuse to issue a multiple cat licence unless satisfied that the applicant can comply with the requirements of the Animal Welfare Act 1992 and any approved or mandatory code of practice under that Act. (a) the number and kind of cats to which the application relates; (b) the size and nature of the premises where the cats are proposed to be kept; (d) the suitability of facilities for keeping the cats on the premises;

Keeping 4 or more cats Division 4.1 10 years against a law of a Territory or State for an offence

84D

Multiple cat licences—conditions

84D Multiple cat licences—conditions (1) The registrar may issue a multiple cat licence on conditions stated in the licence. multiple cat licence, the registrar must consider the following: (a) the number and kind of cats to which the application relates; (b) the size and nature of the premises where it is proposed to keep the cats; (c) the potential impact on the occupiers of neighbouring premises. (3) The conditions may include there being sufficient shelter for each cat. (4) Subsection (2) does not limit the matters the registrar may consider. 84DA Multiple cat licences—form (1) A multiple cat licence must state— (a) the name of the licensee; and (b) the registration number of each cat to which the licence relates; and (c) the address of the premises to which the licence relates; and (d) any other condition of the licence. (2) However, a multiple cat licence need not include the registration number of a cat kept on residential premises by the person who holds the licence if the cat is being kept temporarily on the premises on behalf of an entity that rehomes cats.

84DB Multiple cat licences—duration A multiple cat licence remains in force until the earliest of the (a) 2 years after the day the licence commences; (b) the day the licence is surrendered; (c) the day the licence is cancelled.

Approved providers

85 Approved providers (1) For this division, an approved provider is— (a) the Royal Society for the Prevention of Cruelty to Animals; or (b) an entity approved under subsection (2). (2) The registrar may approve an entity to provide temporary care for cats seized under this division. (3) An approval is a notifiable instrument.

Seizure of cats

86 Seizure of cats (1) An authorised person may seize a cat if— (a) the cat is not registered under section 84AB; or (b) the cat is not implanted with an identifying microchip as (c) the cat is not confined to the premises of its keeper or carer in contravention of section 84AO; or (d) the cat is on premises occupied by a person other than the keeper or carer of the cat, and the occupier asks an authorised person to seize the cat; or

(e) if an authorised person requires, in accordance with section 134, the keeper or carer to give the authorised person the keeper’s or carer’s name and address—the keeper or carer fails to give an authorised person the name and address. (2) Also, an authorised person may seize a cat if— (a) the registrar refuses to register the cat under section 84AB (1) (b); or (b) the cat’s registration is cancelled under section 84AJ (1) (c) or (2) (b); or (c) the keeper or carer breeds a litter from the cat without a breeding (d) the cat is at least 3 months old and not de-sexed, and the keeper does not hold a permit under part 3 for the cat; or (e) the authorised person reasonably believes that the keeper or carer of the cat is not demonstrating responsible cat management, care or control in relation to the cat. (3) If subsection (2) (c) applies, the authorised person may seize the parent cats and kittens.

Temporary care of seized cats

87 Temporary care of seized cats (1) An authorised person must— (a) arrange for a cat seized under this division to be temporarily cared for by an approved provider; and (b) make reasonable inquiries to find out who is the keeper of the cat; and (c) if the authorised person can find out who is the keeper of the cat—give oral or written notice to the keeper, in accordance with section 88, about the cat’s seizure. (2) The authorised person may give the notice by telephone.

Information to be given in notice of cat’s seizure

88 Information to be given in notice of cat’s seizure If a cat is seized under this division, the notice of seizure under section 87 (1) (c) must give information about the following: (a) when and where the cat was seized; (b) the reason the cat was seized; (c) where the cat may be claimed; (d) if the cat is not identified by a microchip—the implanting of a microchip in the cat for its identification, including the cost of implanting a microchip; (e) that the cat may be sold or destroyed if it is not claimed; (f) the period in which the cat may be claimed before it may be sold or destroyed; (g) that the keeper may relinquish ownership of the cat.

Releasing seized cats

89 Releasing seized cats (1) An authorised person or approved provider who has the care of a cat seized under this division must release the cat to a person claiming its release if, but only if, the authorised person or approved provider is satisfied— (a) the person claiming its release is the keeper of the cat; and (b) if the cat is required to be identified by a regulation made for section 83—the cat is identified as required by the regulation; and (c) if the cat was seized because of an offence against this Act— subsection (2) applies to the offence; and (d) the keeper of the cat has not relinquished ownership under section 91; and

(e) any fee payable under section 144 for the release of the cat has (2) This subsection applies to an offence if— (a) 28 days have passed since the day the offence was committed and— or (c) a prosecution for the offence was started within 28 days after the day the offence was committed and— section 138A from keeping the cat.

Selling or destroying seized cats

90 Selling or destroying seized cats An authorised person or approved provider may sell or destroy a cat seized under this division if— (a) within 7 days after the day of the seizure, the authorised person or approved provider cannot find out who is the keeper of the cat after making reasonable inquiries; or (b) the keeper of the cat relinquishes ownership of the cat under section 91; or

(c) within 7 days after the day notice under section 88 about the seizure was given to the keeper of the cat, the keeper does not tell the authorised person or approved provider, in writing, that the keeper wishes to claim the cat.

Relinquishing ownership of seized cats

91 Relinquishing ownership of seized cats (1) This section applies to a cat seized under this division. (2) The keeper of the cat may relinquish ownership of the cat by signed writing given to an authorised person or approved provider. (3) An instrument relinquishing ownership of the cat— (a) takes effect at the end of 3 days beginning on the day the signed instrument is given to the authorised person or approved provider; and (b) must contain a statement to the effect of paragraph (a). (4) After an instrument relinquishing ownership of the cat takes effect, an authorised person or approved provider— (a) is not obliged to return the cat to its keeper; and (b) may sell or destroy the cat. (5) To remove any doubt, an authorised person or approved provider must not sell or destroy the cat under this section until the instrument relinquishing ownership of the cat takes effect.

Returning seized cat to its keeper

92 Returning seized cat to its keeper (1) An authorised person may return a cat seized under this division to its keeper under this section if satisfied that it would be in the public interest to return the cat. (2) In making a decision under subsection (1), the authorised person must (a) the safety of the public; and

(b) the cost of keeping the cat temporarily cared for by an approved provider; and (c) whether financial or other hardship would be caused to the keeper if the cat were to remain temporarily cared for by an approved provider. (3) Subsection (2) does not limit the matters the authorised person may (4) The authorised person may return the cat to its keeper on conditions. (5) If the authorised person returns the cat to its keeper, the authorised person may waive all or part of any fee payable by the keeper of the cat under this division if satisfied that not to waive the fee would cause the keeper financial hardship.

Guidelines about returning seized cats

93 Guidelines about returning seized cats (1) The Minister may issue guidelines about the exercise of an authorised person’s functions under section 92. (2) An authorised person must comply with any guidelines under this section.

Definitions—pt 5

94 Definitions—pt 5 accredited assistance animal means an animal that is accredited— (a) under section 96; or (b) under a law of a State, substantially corresponding to this part, as an assistance animal. Note State includes the Northern Territory (see Legislation Act, dict, pt 1). assistance animal assessor means a person registered as an assistance animal assessor under section 104. assistance animal standard means a standard determined under section 95. assistance animal trainer means a person registered as an assistance animal trainer under section 100. welfare, in relation to animals—see the Animal Welfare Act 1992, dictionary.

Assistance animal standard and accreditation guidelines

95 Assistance animal standard and accreditation guidelines (1) The Minister may determine the minimum standard of— (a) training and behaviour an assistance animal must have to effectively assist a person with disability to alleviate the effect of the disability; and (b) hygiene and behaviour an assistance animal must have in a public place or public premises.

Accreditation of assistance animals Division 5.2 (2) A determination is a disallowable instrument. (3) The Minister may make guidelines about the accreditation of assistance animals. (4) A guideline is a disallowable instrument. public premises—see section 106B.

Accreditation of assistance animals

96 Accreditation of assistance animals The registrar or an assistance animal assessor may accredit an animal as an assistance animal if the registrar or assistance animal assessor is satisfied that the animal has the training, hygiene and behaviour that meets the assistance animal standard.

Register of registered accredited assistance animals

97 Register of registered accredited assistance animals The registrar must set up and keep a register of registered accredited assistance animals for this Act.

Registration of accredited assistance animals

98 Registration of accredited assistance animals (1) A person may apply to the registrar for registration of an accredited assistance animal. (2) The application must include— (a) evidence that the animal is an accredited assistance animal; and (b) the name of the person assisted by the accredited assistance (c) anything else prescribed by regulation.

(3) The registrar must register an accredited assistance animal if the application for registration includes the information mentioned in subsection (2). (4) If the registrar registers an accredited assistance animal, the registrar must— (a) give the applicant written notice that the accredited assistance animal has been registered; and (b) record in the register of accredited assistance animals the information prescribed by regulation. (5) The applicant must tell the registrar if the animal is no longer working as an accredited assistance animal. Maximum penalty: 25 penalty units. (6) An offence against subsection (5) is a strict liability offence.

Registration numbers and certificates

99 Registration numbers and certificates (1) If the registrar registers an accredited assistance animal, the registrar— (a) must— (i) give a registration number to the accredited assistance (ii) give to the applicant for registration a registration certificate for the animal; and (b) may give the applicant another form of identification for the (2) A registration certificate or other form of identification for an accredited assistance animal must include any information prescribed by regulation.

Div 5

3 Assistance animal trainers and

Division 5.3 Assistance animal trainers and assessors

100

Registrar may register assistance animal trainer

100 Registrar may register assistance animal trainer (1) A person may apply to the registrar— (a) to be registered as an assistance animal trainer; or (b) for a registered assistance animal trainer—to renew the assistance animal trainer’s registration. (2) An application must— (b) include any information prescribed by regulation. (3) Within 30 days of receiving the application, the registrar must— (a) register the applicant for a stated period; or (b) register the applicant for a stated period subject to stated conditions; or (c) refuse to register the applicant. Note Failure to register the applicant within the required time is taken to be a decision not to register the applicant (see ACT Civil and Administrative Tribunal Act 2008, s 12). (4) The registrar may only register the applicant if satisfied the (a) has the skills and experience to train an animal to meet the assistance animal standard; and (b) has not, within 2 years before the application was made, been convicted or found guilty of an offence under—

the Animal Welfare Act 1992; and (c) meets any requirement prescribed by regulation. (5) The registrar must, as soon as practicable after deciding whether to register the applicant, give the applicant written notice of the decision under subsection (3).

101

Registrar may suspend registration of assistance animal

101 Registrar may suspend registration of assistance animal trainer (1) The registrar may suspend a person’s registration as an assistance animal trainer if satisfied on reasonable grounds— (a) the person no longer has the skills and experience to train an animal to meet the assistance animal standard; or (b) if the person is registered to engage in the provision of a disability service under the Working with Vulnerable People (Background Checking) Act 2011—the person’s registration under that Act is suspended, cancelled or expired; or (c) if the person’s registration under this part is subject to a condition—the person fails to comply with the condition; or (d) the suspension is otherwise necessary for animal welfare. (2) If the registrar suspends a person’s registration, the registrar must give the person written notice— (a) directing the person to do a stated thing within a stated time; and (b) stating that if the person does not do the stated thing within the stated time the registrar may cancel the person’s registration.

102

Registrar may cancel registration of assistance animal

102 Registrar may cancel registration of assistance animal trainer The registrar may cancel a person’s registration as an assistance animal trainer if satisfied on reasonable grounds— (a) the person was given written notice under section 101 (2) and failed to comply with the notice; or (b) the person is convicted or found guilty of an offence under— the Animal Welfare Act 1992; or (c) the cancellation is otherwise necessary for animal welfare.

103

Unregistered assistance animal trainers

103 Unregistered assistance animal trainers (a) carries on a business as an assistance animal trainer; and (b) is not registered as an assistance animal trainer. (a) accredits an animal as having been trained to meet the assistance animal standard; and (b) is not registered as an assistance animal trainer.

not registered—a person is also not registered as an assistance animal trainer if the person’s registration is suspended, cancelled or expired.

104

Registrar may register assistance animal assessor

104 Registrar may register assistance animal assessor (1) A person may apply to the registrar— (a) to be registered as an assistance animal assessor; or (b) for a registered assistance animal assessor—to renew the assistance animal assessor’s registration. (2) An application must— (b) include any information prescribed by regulation. (3) Within 30 days of receiving the application, the registrar must— (a) register the applicant for a stated period; or (b) register the applicant for a stated period subject to stated conditions; or (c) refuse to register the applicant. Note Failure to register the applicant within the required time is taken to be a decision not to register the applicant (see ACT Civil and Administrative Tribunal Act 2008, s 12). (4) The registrar may only register the applicant if satisfied the (a) has the skills and experience to assess whether an animal meets the assistance animal standard; and (b) has not, within 2 years before the application was made, been convicted or found guilty of an offence under—

105

Registrar may suspend registration of assistance animal

105 Registrar may suspend registration of assistance animal assessor (1) The registrar may suspend a person’s registration as an assistance animal assessor if satisfied on reasonable grounds— (a) the person no longer has the skills and experience to assess whether an animal meets the assistance animal standard; or (b) if the person is registered to engage in the provision of a disability service under the Working with Vulnerable People (Background Checking) Act 2011—the person’s registration under that Act is suspended, cancelled or expired; or (c) if the person’s registration under this part is subject to a condition—the person fails to comply with the condition; or (d) the suspension is otherwise necessary for animal welfare. (2) If the registrar suspends a person’s registration, the registrar must give the person written notice— (a) directing the person to do a stated thing within a stated time; and (b) stating that if the person does not do the stated thing within the stated time the registrar may cancel the person’s registration.

106

Registrar may cancel registration of assistance animal

106 Registrar may cancel registration of assistance animal assessor The registrar may cancel a person’s registration as an assistance animal assessor if satisfied on reasonable grounds— (a) the person was given written notice under section 105 (2) and failed to comply with the notice; or (b) the person is convicted, or found guilty of, an offence under— the Animal Welfare Act 1992; or (c) the suspension is otherwise necessary for animal welfare.

106A

Unregistered assistance animal assessor

106A Unregistered assistance animal assessor (a) carries on a business as an assistance animal assessor; and (b) is not registered as an assistance animal assessor. (a) accredits an animal as having met the assistance animal standard; and (b) is not registered as an assistance animal assessor.

Using an assistance animal Division 5.4 not registered—a person is also not registered as an assistance animal assessor if the person’s registration is suspended, cancelled or expired.

106B

Definitions—div 5.4

106B Definitions—div 5.4 accompanied by an assistance animal—a person is accompanied by an assistance animal if the person— (a) is a person with disability and is accompanied by an assistance animal that is assisting the person to alleviate the effect of the disability; or (b) is an assistance animal trainer and is accompanied by an animal that is being trained as an assistance animal; or (c) is an assistance animal assessor and is accompanied by an animal that is being assessed as an assistance animal. public premises means any premises that the public or a section of the public is entitled or allowed to enter or use (whether for payment or not). Examples business premises, including professional, trade and commercial premises; cinema or theatre; club, hotel or motel; community centre, hall or public library; government premises; hospital; hostel or nursing home; place of worship; playground; public passenger vehicle; restaurant or cafeteria; school, college or university; shopping centre, mall or plaza; sporting or recreational premises

106C

Rights of people accompanied by assistance animals

106C Rights of people accompanied by assistance animals A person does not commit an offence only because the person— (a) is accompanied by an assistance animal; and (b) takes the animal onto or into, or allows the animal to enter, a public place or public premises.

106D

Liability of people accompanied by assistance animal

106D Liability of people accompanied by assistance animal Nothing in this Act affects the liability of a person accompanied by an assistance animal for any injury, loss or damage caused by the person’s assistance animal.

106E

Assistance animal allowed in public places and premises

106E Assistance animal allowed in public places and premises (a) stops a person accompanied by an assistance animal entering or using a public place or public premises because of the animal; or (b) stops an assistance animal entering a public place or public premises; or (c) removes an assistance animal from a public place or public (2) Subsection (1) does not apply if the person has a reasonable excuse. Note The defendant has an evidential burden in relation to the matter mentioned in s (2) (see Criminal Code, s 58). (3) A person commits an offence if— (a) a person accompanied by an accredited assistance animal (the accompanied person) shows the person evidence the animal is an accredited assistance animal; and

Using an assistance animal Division 5.4 (b) the person either— (i) stops the accompanied person entering or using a public place or public premises because of the animal; or (ii) stops the animal entering a public place or public premises; or (iii) removes the animal from a public place or public premises. (4) A person commits an offence if the person imposes a fee or charge on the accompanied person for bringing the assistance animal onto or into a public place or public premises. (5) An offence against subsection (3) or (4) is a strict liability offence.

106F

Falsely claiming animal is assistance animal

106F Falsely claiming animal is assistance animal (a) the person is accompanied by an animal in a public place or public premises; and (b) the person represents (orally or in some other way) that the animal is an assistance animal; and (c) the animal is not an assistance animal. Example—par (b) the animal is wearing assistance animal identification (a) the person is accompanied by an animal in a public place or public premises; and

(b) the person represents (orally or in some other way) that the animal is an accredited assistance animal; and (c) the animal is not an accredited assistance animal. (3) An offence against subsection (2) is a strict liability offence.

107

Meaning of animal nuisance and nuisance notice for pt 6

107 Meaning of animal nuisance and nuisance notice for pt 6 animal nuisance—see section 109. nuisance notice means a notice under section 112 (Issue of nuisance notices).

108

Pt 6 does not apply to keeping animals on certain land

108 Pt 6 does not apply to keeping animals on certain land This part does not apply in relation to an animal kept on land that is under a lease— (a) granted for agricultural or grazing purposes; or (b) that allows for an animal care facility.

109

Meaning of animal nuisance—pt 6

109 Meaning of animal nuisance—pt 6 For this part, an animal causes an animal nuisance if— (a) the animal causes, solely or in part— (i) damage to property owned by a person other than the keeper; or (ii) excessive disturbance to a person other than the keeper because of noise; or (iii) an unacceptable risk to the public or another animal; or (b) for a dog—there are repeated occurrences of the dog— (i) not being kept under control by the dog’s keeper or carer; or

(ii) the dog is not restrained in contravention of section 44 (1) or (3) (Dogs in public places must be controlled) or section 45 (1) or (3) (Dogs on private premises to be restrained).

110

Offence of animal nuisance

110 Offence of animal nuisance (1) A person must not allow an animal nuisance. (2) If the keeper of an animal is convicted or found guilty of an offence against this section, the court may order the registrar to return the animal to its keeper, or to destroy or sell the animal or otherwise dispose of it to a person other than its keeper or a person who lives with its keeper. (3) The court may order the keeper of an animal sold, destroyed or otherwise disposed of to pay the costs or expenses of the sale, destruction or disposal.

111

Complaints about animal nuisance

111 Complaints about animal nuisance (1) A person affected by an animal nuisance may complain in writing to the registrar about the nuisance. (2) The registrar may investigate the complaint unless satisfied that the complaint is frivolous or vexatious. (3) If, after investigation, the registrar decides not to issue a nuisance notice, the registrar must— (a) give written notice of the decision to the complainant; and (b) advise the complainant about any methods available for settling the issue privately.

112

Issue of nuisance notices

112 Issue of nuisance notices (1) If the registrar reasonably believes that an animal is causing an animal nuisance, the registrar may issue a written notice to— (a) the keeper of the animal believed to be causing the nuisance; or (b) if the keeper cannot be identified or is not the occupier of the premises—a person who occupies the place where the animal is causing the nuisance. (2) In deciding whether to issue a notice, the registrar must consider the (a) the number of people affected, or potentially affected, by the nuisance; (b) the damage, disturbance or danger resulting, or likely to result, from the nuisance; (c) any reasonable precautions that a person whose animal is causing the nuisance has or has not taken to avoid or minimise the adverse effects, or the potential adverse effects, of the nuisance; (d) any reasonable precautions that a person adversely affected, or potentially adversely affected, by the nuisance has or has not taken to avoid or minimise the effects, or likely effects, of the nuisance. (3) Subsection (2) does not limit the matters that the registrar may (4) A nuisance notice— (a) must— (i) state the animal nuisance that must be reduced or stopped; and (ii) state where the nuisance is being caused; and

(iii) indicate that, unless the animal nuisance is reduced or stopped, proceedings may be instituted for contravention of the notice or an offence against section 110 (1) (Offence of animal nuisance); and (b) may mention steps to be taken to prevent the recurrence of the animal nuisance. (5) A copy of a nuisance notice must be given to the person because of whose complaint the nuisance notice was issued. (6) A nuisance notice continues in force until revoked under section 113. (7) A person commits an offence if the person fails to comply with a nuisance notice. (8) An offence against this section is a strict liability offence.

113

Revocation of nuisance notices

113 Revocation of nuisance notices (1) The registrar must revoke a nuisance notice if satisfied, after carrying out an inspection, that— (a) the notice has been complied with; and (b) adequate steps have been taken to reduce the nuisance or stop the nuisance from happening again. (2) A revocation must be in writing given to the person to whom the notice was issued. (3) A copy of a revocation notice must be given to the person because of whose complaint the nuisance notice was issued.

114

Seizure, impounding and return of nuisance animals

114 Seizure, impounding and return of nuisance animals (1) An authorised person may seize an animal if— (a) the authorised person reasonably believes the animal is causing an animal nuisance, after considering— (i) the extent of the animal nuisance; and (ii) the likelihood of the keeper or carer of the animal reducing or stopping the nuisance or complying with steps mentioned in a nuisance notice to prevent its recurrence; or (b) the keeper or carer does not comply with a nuisance notice issued to the keeper or carer in relation to the animal. (2) If an animal is seized under subsection (1), the registrar must— (a) impound the animal until it is returned to its keeper or carer, or sold or destroyed; and (b) either— (i) if the identity of the animal’s keeper or carer is not known—make reasonable inquiries to find out who is the keeper or carer; or (ii) if the identity of the animal’s keeper or carer is known— give oral or written notice to the keeper or carer in accordance with section 114A about the animal’s seizure. (3) The registrar may give the notice by telephone. (4) The registrar must release the animal to a person claiming its release if reasonably satisfied that— (a) the animal nuisance is not likely to happen again if the animal is returned to the keeper or carer; and (b) for a dog—there is not an unacceptable risk to the safety of the public or other animals from the dog being released to the keeper or carer.

(5) If the registrar releases a dog, the registrar— and (6) Any costs or expenses incurred by the Territory in seizing or impounding an animal under this section are a debt payable to the Territory by the keeper of the animal.

114A

Information to be given in notice of animal’s seizure

114A Information to be given in notice of animal’s seizure If an animal is seized under section 114, the notice of seizure must give the following information, if relevant: (a) when and where the animal was seized; (b) the reason the animal was seized; (c) where the animal may be claimed; (d) the fee payable for the release of the animal; (e) that the animal may be sold or destroyed if it is not claimed; (f) the period in which the animal may be claimed before it can be sold or destroyed; (g) that the keeper may relinquish ownership of the animal.

114C

Guidelines about animal nuisance

114C Guidelines about animal nuisance (1) The Minister may issue guidelines about the exercise of the registrar’s functions under this part. (2) The registrar must comply with any guidelines under this section.

Destruction of animals Part 7

Part 7

Destruction of animals

Part 7 Destruction of animals

115

Destruction of animals on registrar’s authority

115 Destruction of animals on registrar’s authority A police officer or veterinary practitioner who reasonably believes that the registrar has asked for the destruction of an animal may destroy the animal.

116

Destruction of vicious animals

116 Destruction of vicious animals (1) If, because of the viciousness of the animal, an authorised person or police officer cannot seize or impound an animal under this Act, the authorised person or police officer may destroy the animal. (2) In deciding whether to take action under subsection (1), the authorised person or police officer must consider the safety of people exercising functions under this Act, members of the public and other animals.

117

Destruction of diseased or injured animals

117 Destruction of diseased or injured animals (1) An authorised person or police officer may destroy an injured or diseased animal if the authorised person or police officer is satisfied that the animal is likely to harm other animals or people. (2) An authorised person or police officer may destroy an injured or diseased animal if the authorised person or police officer is satisfied that destruction is the most humane course of action in the circumstances. (3) The registrar must tell the keeper of an animal of its destruction if— (a) the animal is destroyed under subsection (1) or (2); and (b) the name and address of the keeper is known to the registrar or may reasonably be found out by the registrar. (4) The registrar may tell the keeper by telephone.

Part 8 Notification and review of decisions Part 8 Notification and review of decisions 118 Meaning of reviewable decision—pt 8 reviewable decision means a decision prescribed by regulation. 119 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity prescribed by regulation in relation to the decision. Note The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

120

Applications for review

120 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity prescribed by regulation in relation to the decision; (b) any other person whose interests are affected by the decision.`

Officers Division 9.1

Div 9

1 Officers

Division 9.1 Officers

121

Registrar

121 Registrar The director-general must appoint a public servant as the registrar. Note For the making of appointments (including acting appointments), see the

122

Deputy registrars

122 Deputy registrars (1) The director-general may appoint a public servant as a deputy registrar. Note 1 For the making of appointments (including acting appointments), see the Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (2) A deputy registrar may exercise a function of the registrar, subject to any direction of the registrar.

123

Authorised people

123 Authorised people (1) The director-general may appoint a person as an authorised person for this Act. Note 1 For the making of appointments (including acting appointments), see the Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) An authorised person may exercise the functions that the registrar directs or that are prescribed by regulation.

124

Identity cards

124 Identity cards (1) The director-general must issue an authorised person with an identity card that states the person is an authorised person for this Act, or stated provisions of this Act, and shows— (a) a recent photograph of the person; and (b) the name of the person, or any unique number given to the authorised person by the director-general for this section; and (c) the date of issue of the card; and (d) a date of expiry for the card; and (e) anything else prescribed by regulation. (2) A person who ceases to be an authorised person must return the person’s identity card to the director-general as soon as practicable, but no later than 7 days after ceasing to occupy or act in that office. Maximum penalty (subsection (2)): 1 penalty unit.

125

Power not to be exercised before identity card shown

125 Power not to be exercised before identity card shown An authorised person may exercise a power under this Act in relation to a person only if the authorised person first shows the person the authorised person’s identity card.

126

Definitions for div 9.2

126 Definitions for div 9.2 connected—a thing is connected with an offence if— (a) the offence has been committed in relation to it; or (b) it will provide evidence of the commission of the offence; or

(c) it was used, is being used, or is intended to be used, to commit the offence. enter includes board. offence includes an offence that there are reasonable grounds for believing has been, is being, or will be committed.

128

Power to enter premises

128 Power to enter premises (1) For this Act, an authorised person may— (a) at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or (b) at any time when business premises are open for business, enter the premises; or (c) at any time, enter premises with the occupier’s consent; or (d) enter premises in accordance with a search warrant; or (e) at any time without a warrant, enter premises if the authorised person— (i) reasonably believes that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or (ii) reasonably suspects that an offence (other than an excluded offence) has been, or is being, committed on the premises; or (iii) is authorised under this Act to seize an animal kept on the (2) However, subsection (1) (a) and (b) do not authorise entry into a part of premises that is being used only for residential purposes.

(3) An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises. (4) An authorised person may enter premises under subsection (1) with necessary and reasonable assistance and force. (5) A police officer may help an authorised person in exercising the authorised person’s powers under this section if asked by the authorised person to do so. (6) To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge. (7) In this section: at any reasonable time includes at any time when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money).

131

Inspection of premises

131 Inspection of premises An authorised person who enters premises under section 128 may do any of the following on the premises or in relation to the premises: (a) inspect or examine; (b) take measurements; (c) take photographs, films, or audio, video or other recordings; (d) seize an animal or thing.

132

Consent to entry

132 Consent to entry (1) This section applies if an authorised person intends to ask the occupier of premises to consent to the authorised person entering the premises under section 128.

(2) Before asking for the consent, the authorised person must tell the occupier— (a) the reason for the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the authorised person may ask the occupier to sign a written acknowledgment of the consent. (4) The acknowledgment must state— (a) that the occupier was told— (i) the reason for the entry; and (ii) the occupier is not required to consent; and (b) that the occupier gives the authorised person consent to enter the premises and exercise powers under section 128 (1); and (c) the time and date the consent was given. (5) A court may presume the occupier did not consent if— (a) a question arises, in a proceeding in the court, whether the occupier consented to the authorised person entering the premises under section 128 (1); and (b) an acknowledgment under this section for the entry is not produced in evidence; and (c) it is not proved that the occupier consented to the entry.

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Source text: opening excerpt

Sourced from the ACT Legislation Register (legislation.act.gov.au), CC BY 4.0.

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Domestic Animals Act 2000 A2000-86 Republication No 51 Effective: 16 November 2025 Republication date: 16 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Domestic Animals Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).