Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

i Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 S.R. No. 100/2009 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 2 5 Title of the Principal Regulations substituted 2 6 Objectives of the Principal Regulations 2 7 Definitions 3 8 Heading to Part 3 substituted 3 9 Definition of licence holder 3 10 Prescribed identifying information 3 11 Prescribed permanent identification device 3 12 Prescribed information to be provided to licence holders 4 13 Heading to Division 3 of Part 3 substituted 4 14 Obligation to obtain information before implanting device 4 15 Implanter must advise owner of chargeable services before implantation 4 16 Scanning for permanent identification devices 5 17 Offences regarding animals previously implanted 5 18 Offence to remove permanent identification devices 5 19 Implantation of a permanent identification device 6 20 Provision of information to the licence holder by person who implanted device 6 21 New regulation 23A inserted 7 23A Provision of information to licence holder if presenter of animal suspected not to be owner 7 22 Heading to Division 4 of Part 3 substituted 8 23 Application for the grant or renewal of a domestic animals registry licence 8 24 Heading to Division 5 of Part 3 substituted 8 25 Regulation 26 substituted 9 26 Licences subject to conditions in this Division 9 26 Licence holders' obligations regarding information received 9 27 Holding of information separately until certain matters confirmed 9 28 Prohibition against establishing new records for dogs or cats 9 -- 1 of 21 -- Regulation Page ii 29 New regulation 30A inserted 10 30A Prohibition against establishing new records for horses 10 30 Licence holder must provide domestic animals registry service for a dog or cat 11 31 New records to be established within 4 days 11 32 Licence holder to provide certificate of identification 12 33 Records of dogs and cats must be maintained for life 12 34 Licence holder to notify owner of certain matters 12 35 Licence holder to facilitate reunion of lost animals and owners 13 36 Licence holder must establish complaints system 13 37 Access to and provision of information 14 38 Copies of records provided monthly 15 39 Amending information in records 15 40 Reporting of complaints to Secretary 15 41 Licence holder must not charge access fees to certain people 16 42 Information provided to licence holder must be retained in electronic or in original form 16 43 Prescribed manner for keeping information in records and copies of records 16 44 Maintenance of records if licence holder ceases to provide domestic animals registry service 16 45 Infringement penalties 17 46 New regulation 47A inserted 18 47A Infringement penalties and offences for offences against these Regulations 18 47 Schedule 4—Receipt for document seized under section 74(2)(e) of the Act 18 ═══════════════ ENDNOTES 19 -- 2 of 21 -- 1 STATUTORY RULES 2009 S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Act 1994 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 The Governor in Council makes the following Regulations: Dated: 1 September 2009 Responsible Minister: JOE HELPER Minister for Agriculture TOBY HALLIGAN Clerk of the Executive Council 1 Objectives The main objectives of these Regulations are to amend the Domestic (Feral and Nuisance) Animals Regulations 2005— (a) to change the title of those Regulations; and (b) to prescribe matters relating to the permanent identification of horses; and (c) to prescribe matters relating to animal registry services; and (d) to prescribe further infringement offences and penalties; and (e) to update references; and (f) to make minor amendments. -- 3 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 2 2 Authorising provision These Regulations are made under section 100 of the Domestic (Feral and Nuisance) Animals Act 1994. 3 Commencement These Regulations come into operation on 1 September 2009. 4 Principal Regulations In these Regulations, the Domestic (Feral and Nuisance) Animals Regulations 2005 1 are called the Principal Regulations. 5 Title of the Principal Regulations substituted For the title to the Principal Regulations substitute— "Domestic Animals Regulations 2005". 6 Objectives of the Principal Regulations In regulation 1 of the Principal Regulations— (a) in paragraph (b), for "dogs and cats" substitute "animals of prescribed classes of animal"; (b) in paragraph (c), for "a domestic animals registry licence" substitute "an animal registry licence"; (c) in paragraph (d), for "a domestic animals registry service" substitute "an animal registry service"; (d) in paragraph (f), after "penalties" insert "and offences"; (e) in paragraph (g), omit "(Feral and Nuisance)". r. 2 -- 4 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 3 7 Definitions In regulation 5 of the Principal Regulations, in the definition of reader and scan, for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal". 8 Heading to Part 3 substituted For the heading to Part 3 of the Principal Regulations substitute— "PART 3—PERMANENT IDENTIFICATION OF ANIMALS OF PRESCRIBED CLASSES OF ANIMAL". 9 Definition of licence holder In regulation 11 of the Principal Regulations, for "a domestic animals registry licence" substitute "an animal registry licence". 10 Prescribed identifying information (1) In regulation 12(a) of the Principal Regulations— (a) for "a dog or cat" substitute "an animal of a prescribed class of animal"; (b) in subparagraph (x), after "identification device" insert "previously". (2) In regulation 12(b) of the Principal Regulations— (a) for "a dog or cat" substitute "an animal"; (b) in subparagraph (iv), for "the dog or cat" substitute "the animal". 11 Prescribed permanent identification device In regulation 13 of the Principal Regulations— (a) in paragraph (a)(iii)(B), for "the first 3 digits" substitute "the first 6 digits"; r. 7 -- 5 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 4 (b) in paragraph (b), for "a dog or cat" substitute "an animal of a prescribed class of animal"; (c) in paragraph (b)(i), for "dogs or cats" substitute "that class of animal". 12 Prescribed information to be provided to licence holders In regulation 14(2) of the Principal Regulations, for "the domestic animals registry service" substitute "the animal registry service". 13 Heading to Division 3 of Part 3 substituted For the heading to Division 3 of Part 3 of the Principal Regulations substitute— "Division 3—Implantation and removal of permanent identification devices". 14 Obligation to obtain information before implanting device In regulation 17 of the Principal Regulations— (a) for "a dog or cat" substitute "an animal of a prescribed class of animal"; (b) in paragraph (b), for "animal; and" substitute "animal."; (c) paragraph (c) is revoked. 15 Implanter must advise owner of chargeable services before implantation In regulation 18 of the Principal Regulations— (a) for "a dog or cat" substitute "an animal of a prescribed class of animal"; (b) for "a domestic animals registry service" substitute "an animal registry service". r. 12 -- 6 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 5 16 Scanning for permanent identification devices (1) In regulation 19(1) of the Principal Regulations, for "a dog or cat" substitute "an animal of a prescribed class of animal". (2) For regulation 19(2) of the Principal Regulations substitute— "(2) For the purposes of subregulation (1)— (a) in the case of a dog or cat, a person must scan the dog or cat by including two sweeps between the head to the middle of the animal's back and two sweeps over the shoulders from elbow to elbow with a reader that the person has confirmed is functioning correctly; (b) in the case of a horse, a person must scan the horse by including two sweeps close to the skin along each side of the full length of the neck, along the nuchal ligament, with a reader that the person has confirmed is functioning correctly.". 17 Offences regarding animals previously implanted In regulation 20 of the Principal Regulations— (a) for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal"; (b) for "the dog or cat" (wherever occurring) substitute "the animal". 18 Offence to remove permanent identification devices (1) In regulations 21(1) and 21(2) of the Principal Regulations, for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal". r. 16 -- 7 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 6 (2) In regulation 21(3) of the Principal Regulations, after "permanent identification device" insert "from an animal of a prescribed class of animal". 19 Implantation of a permanent identification device (1) In regulations 22(1) and 22(2) of the Principal Regulations, for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal". (2) In regulation 22(3) of the Principal Regulations— (a) for "a dog or cat" substitute "an animal of a prescribed class of animal other than a horse"; (b) in paragraph (a), for "chip" substitute "device". (3) After regulation 22(3) of the Principal Regulations insert— "(4) A person who implants a permanent identification device into a horse must— (a) implant the device into the nuchal ligament on the left side of the neck, midway between the poll and the wither; and (b) scan the horse immediately after implantation to confirm proper implantation and that the device is functioning correctly. Penalty: 5 penalty units.". 20 Provision of information to the licence holder by person who implanted device (1) In regulation 23(1) of the Principal Regulations, for "a dog or cat" substitute "an animal of a prescribed class of animal". r. 19 -- 8 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 7 (2) In regulation 23(2) of the Principal Regulations— (a) for "a dog or cat" (where first occurring) substitute "an animal of a prescribed class of animal"; (b) for "a dog or cat" (where secondly occurring) substitute "the animal"; (c) for "the domestic animals registry service" substitute "the animal registry service". 21 New regulation 23A inserted After regulation 23 of the Principal Regulations insert— "23A Provision of information to licence holder if presenter of animal suspected not to be owner (1) If an authorised implanter reasonably suspects that a person who presents an animal of a prescribed class of animal to the implanter for a professional service is not the owner of the animal, the implanter must, if there is a permanent identification device implanted in the animal, provide the following details to the holder of an animal registry licence— (a) the unique identification number of the device; and (b) if available, the name, address and telephone number of the person presenting the animal. (2) In this regulation, professional service includes grooming, vaccinating, the provision of medical care and checking permanent identification devices with respect to an animal but does not include implanting a permanent identification device.". r. 21 -- 9 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 8 22 Heading to Division 4 of Part 3 substituted For the heading to Division 4 of Part 3 of the Principal Regulations substitute— "Division 4—Animal registry licences". 23 Application for the grant or renewal of a domestic animals registry licence (1) For the heading to regulation 24 of the Principal Regulations substitute— "Application for the grant or renewal of an animal registry licence". (2) In regulation 24(1) of the Principal Regulations— (a) for "a domestic animals registry licence" substitute "an animal registry licence"; (b) in paragraph (a)(ii), for "the domestic animals registry service" substitute "the animal registry service"; (c) in paragraph (c), for "dogs or cats" substitute "animals of prescribed classes of animal"; (d) in paragraphs (d) and (f), for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service". 24 Heading to Division 5 of Part 3 substituted For the heading to Division 5 of Part 3 of the Principal Regulations substitute— "Division 5—Conditions on animal registry licences". r. 22 -- 10 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 9 25 Regulation 26 substituted For regulation 26 of the Principal Regulations substitute— "26 Licences subject to conditions in this Division For the purposes of section 63N(1)(a) of the Act, this Division specifies prescribed conditions to which every animal registry licence is subject.". 26 Licence holders' obligations regarding information received In regulations 27(1) and 27(3) of the Principal Regulations, for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service". 27 Holding of information separately until certain matters confirmed In regulation 29(a) of the Principal Regulations— (a) for "a dog or cat" substitute "an animal of a prescribed class of animal"; (b) for "the dog or cat" substitute "the animal"; (c) for "the domestic animals registry service" substitute "the animal registry service". 28 Prohibition against establishing new records for dogs or cats (1) In regulation 30 of the Principal Regulations, for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service". (2) In regulation 30(1)(a)(ii) of the Principal Regulations, omit "the licence holder". (3) In regulation 30(2) of the Principal Regulations, omit "immediately". r. 25 -- 11 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 10 29 New regulation 30A inserted After regulation 30 of the Principal Regulations insert— "30A Prohibition against establishing new records for horses (1) A licence holder must not establish a record relating to a horse implanted with a permanent identification device as part of providing an animal registry service in respect of that animal unless— (a) the licence holder— (i) is reasonably satisfied that the device is a prescribed permanent identification device that was implanted in the horse in Victoria by an authorised implanter in accordance with the Act and these Regulations; and (ii) is provided with the prescribed identifying information relating to the horse and the horse's owner in accordance with section 63G of the Act; or (b) the device was implanted prior to 1 September 2009 and the licence holder is reasonably satisfied that the device is capable of uniquely identifying the horse; or (c) the device has been implanted in the horse outside of Victoria and the licence holder is reasonably satisfied that the device is capable of uniquely identifying the horse; or r. 29 -- 12 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 11 (d) the establishment of the record is approved by an authorised officer appointed under section 71 of the Act. (2) Subregulation (1) does not apply if the licence holder was keeping and maintaining a record of identifying information in respect of the horse as part of a service in the nature of an animal registry service before 1 September 2009.". 30 Licence holder must provide domestic animals registry service for a dog or cat (1) For the heading to regulation 31 of the Principal Regulations substitute— "Licence holder must provide animal registry service for an animal of a prescribed class of animal". (2) In regulation 31 of the Principal Regulations— (a) for "a domestic animals registry service" substitute "an animal registry service"; (b) for "a dog or cat" substitute "an animal of a prescribed class of animal". (3) In regulation 31(b) of the Principal Regulations, for "30" substitute "30 or 30A". 31 New records to be established within 4 days In regulation 32 of the Principal Regulations— (a) for "a dog or cat" substitute "an animal of a prescribed class of animal"; (b) for "the domestic animals registry service" substitute "the animal registry service". r. 30 -- 13 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 12 32 Licence holder to provide certificate of identification In regulation 33 of the Principal Regulations— (a) in subregulation (1), for "a dog or cat" substitute "an animal of a prescribed class of animal"; (b) in subregulation (2), after "certificate of identification" insert "provided under subregulation (1)"; (c) in subregulation (2), for "the dog or cat" substitute "the animal". 33 Records of dogs and cats must be maintained for life (1) For the heading to regulation 34 of the Principal Regulations substitute— "Records of animals of prescribed classes of animal must be maintained for life". (2) In regulation 34 of the Principal Regulations— (a) for "a domestic animals registry service" substitute "an animal registry service"; (b) for "a dog or cat" substitute "an animal of a prescribed class of animal". 34 Licence holder to notify owner of certain matters (1) In regulation 35(1) of the Principal Regulations, for "a dog or cat" substitute "an animal of a prescribed class of animal". (2) After regulation 35(2) of the Principal Regulations insert— "(3) If a licence holder has been notified under regulation 23A of the fact that an animal of a prescribed class of animal in respect of which the licence holder holds a record has been presented for a professional service, the licence holder must— r. 32 -- 14 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 13 (a) notify the owner of the animal of that fact; and (b) if provided to the licence holder, provide an authorised officer appointed under section 71 of the Act with the name and telephone number of the person who so presented the animal. (4) If a licence holder is unable to contact the owner under subregulation (3), the licence holder must enter the following details in the record held for the animal— (a) that the animal has been presented for a professional service; (b) if provided to the licence holder, the name, address and telephone number of the person who so presented the animal; (c) the date on which the licence holder received the information referred to in paragraphs (a) and (b); (d) the date that the licence holder attempted to notify the owner in accordance with subregulation (3).". 35 Licence holder to facilitate reunion of lost animals and owners In regulation 36 of the Principal Regulations— (a) for "a domestic animals registry service" substitute "an animal registry service"; (b) for "dog or cat" substitute "animal of a prescribed class of animal". 36 Licence holder must establish complaints system In regulations 37(1) and 37(2) of the Principal Regulations, for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service". r. 35 -- 15 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 14 37 Access to and provision of information (1) In regulation 38(1) of the Principal Regulations— (a) for "a domestic animals registry service" substitute "an animal registry service"; (b) for "dogs or cats" substitute "an animal of a prescribed class of animal"; (c) for "a dog or cat" substitute "such an animal". (2) For regulations 38(2) and 38(3) of the Principal Regulations substitute— "(2) If a licence holder receives a request from a person to provide prescribed identifying information for the purpose of reuniting an animal of a prescribed class of animal with its owner, relating to an animal of a prescribed class of animal, in respect of which the licence holder does not keep a record, the licence holder must— (a) immediately contact other licence holders to determine whether a record relating to an animal of a prescribed class of animal is kept by another licence holder; and (b) provide the information to the person who made the request, if the person is of a class of person referred to in section 63H(2) of the Act, unless the licence holder keeping the record agrees to provide the information directly to that person. (3) If a licence holder receives a request to provide prescribed identifying information for the purpose of reuniting an animal of a prescribed class of animal with its owner and r. 37 -- 16 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 15 the licence holder keeps a record relating to that animal, the licence holder must— (a) make reasonable efforts to contact the owner of the animal to inform the owner of the request for information, unless a Council or an animal shelter registered under Part 4 of the Act agrees to contact the owner and so inform the owner; and (b) provide the information requested to the person who made the request, if the person is of a class of person referred to in section 63H(2) of the Act.". (3) In regulation 38(5) of the Principal Regulations, for "dog or cat" substitute "animal". 38 Copies of records provided monthly In regulation 39(1) of the Principal Regulations— (a) for "dogs or cats" substitute "animals of prescribed classes of animal"; (b) for "domestic animals registry service" substitute "animal registry service". 39 Amending information in records In regulations 40(1), 40(3) and 40(4) of the Principal Regulations, for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal". 40 Reporting of complaints to Secretary In regulation 41(a) of the Principal Regulations— (a) for "the domestic animals registry service" substitute "the animal registry service"; (b) in subparagraph (i), for "dogs or cats" substitute "animals of prescribed classes of animal"; r. 38 -- 17 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 16 (c) in subparagraph (iii), for "a dog or cat" substitute "an animal of a prescribed class of animal". 41 Licence holder must not charge access fees to certain people (1) In regulation 42 of the Principal Regulations— (a) for "a dog or cat" substitute "an animal of a prescribed class of animal"; (b) in paragraph (d), for "its owner." substitute "its owner;". (2) After regulation 42(d) of the Principal Regulations insert— "(e) any other person approved by the Secretary.". 42 Information provided to licence holder must be retained in electronic or in original form In regulation 43 of the Principal Regulations, for "a dog or cat" substitute "an animal of a prescribed class of animal". 43 Prescribed manner for keeping information in records and copies of records In regulation 44 of the Principal Regulations, for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal". 44 Maintenance of records if licence holder ceases to provide domestic animals registry service (1) In the heading to regulation 45 of the Principal Regulations, for "domestic animals registry service" substitute "animal registry service". (2) In regulation 45 of the Principal Regulations, for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service". r. 41 -- 18 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 17 (3) In regulation 45(1) of the Principal Regulations— (a) for "dogs or cats" (where first occurring) substitute "animals of prescribed classes of animal"; (b) for "relevant domestic animals registry licence" substitute "relevant animal registry licence"; (c) for "dogs and cats" (where secondly and thirdly occurring) substitute "animals"; (d) for "each dog or cat" substitute "each prescribed class of animal". (4) In regulation 45(2) of the Principal Regulations— (a) for "dogs or cats" (where first occurring) substitute "animals of prescribed classes of animal"; (b) for "dogs or cats" (where secondly and thirdly occurring) substitute "animals"; (c) for "each dog or cat" substitute "each prescribed class of animal". (5) In regulation 45(3) of the Principal Regulations— (a) for "the domestic animals registry service" substitute "the animal registry service"; (b) for "dogs or cats" substitute "animals of prescribed classes of animal"; (c) for "dogs and cats" substitute "animals". 45 Infringement penalties (1) For the heading to regulation 47 of the Principal Regulations substitute— "Infringement penalties for offences against the Act". r. 45 -- 19 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 18 (2) In regulation 47 of the Principal Regulations— (a) in paragraph (b), for "29(4)" substitute "29(7)"; (b) in paragraph (e), for "29(3)" substitute "29(5)". 46 New regulation 47A inserted After regulation 47 of the Principal Regulations insert— "47A Infringement penalties and offences for offences against these Regulations (1) For the purposes of section 85(2) of the Act, regulations 8(2), 9(2), 10(2), 16(1), 16(2), 17, 19(1), 20(1), 20(2), 21(1), 22(1), 22(2), 22(3), 22(4), 23(1) and 23(2) are prescribed for the purposes of Part 7B of the Act. (2) For the purposes of section 88 of the Act, the infringement penalty for an offence— (a) against regulation 8(2), 9(2), 10(2), 19(1), 20(1) or 20(2) is 0·5 penalty units; (b) against regulation 16(1), 16(2), 17, 21(1), 22(1), 22(2), 22(3), 22(4), 23(1) or 23(2) is 1·25 penalty units.". 47 Schedule 4—Receipt for document seized under section 74(2)(e) of the Act In Schedule 4 to the Principal Regulations, for "Domestic (Feral and Nuisance) Animals Regulations 2005" substitute "Domestic Animals Regulations 2005". ═══════════════ r. 46 -- 20 of 21 -- S.R. No. 100/2009 Domestic (Feral and Nuisance) Animals Amendment Regulations 2009 19 ENDNOTES 1 Reg. 4: S.R. No. 151/2005 as amended by S.R. Nos 101/2006 and 67/2008. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2009 is $116.82. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 21 of 21 --