Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002

i Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 S.R. No. 62/2002 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provisions 1 3. Principal Regulations 2 4. Commencement 2 5. New regulation 7A inserted 2 7A. Perimeter fencing for dangerous dog guarding non-residential premises 2 6. Regulation 11 amended 3 11. Infringement penalties 3 7. Regulation 13 substituted 3 13. Obedience training 3 8. New regulations 14 and 15 inserted 6 14. Savings provision—Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 6 15. Transitional provision—Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 6 9. Schedule 3 revoked 7 10. New Schedule 4 substituted 7 ═══════════════ ENDNOTES 9 -- 1 of 10 -- 1 STATUTORY RULES 2002 S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals Act 1994 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 The Governor in Council makes the following Regulations: Dated: 23 July 2002 Responsible Minister: KEITH HAMILTON Minister for Agriculture HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Domestic (Feral and Nuisance) Animals Regulations 1996— (a) to make provision for penalties for offences for which an infringement notice may be served; and (b) to prescribe the requirements for perimeter fencing for dangerous dogs guarding non- residential premises; and (c) to make miscellaneous amendments to those Regulations. 2. Authorising provisions These Regulations are made under section 100 of the Domestic (Feral and Nuisance) Animals Act 1994. -- 2 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 2 3. Principal Regulations In these Regulations, the Domestic (Feral and Nuisance) Animals Regulations 19961 are called the Principal Regulations. 4. Commencement (1) Subject to sub-regulation (2), these Regulations come into operation on the day they are made. (2) Regulations 5 and 7 come into operation on 1 October 2002. 5. New regulation 7A inserted After regulation 7 of the Principal Regulations insert— "7A. Perimeter fencing for dangerous dog guarding non-residential premises (1) For the purpose of section 38(4) of the Act, perimeter fencing for a dangerous dog guarding non-residential premises must— (a) have a minimum height of 1⋅8 metres; and (b) be constructed of— (i) brick, concrete, timber, iron, or similar solid materials; or (ii) mesh which complies with sub- regulation (2); or (iii) any combination of those materials referred to in sub- paragraphs (i) and (ii); and (c) be constructed and maintained in a manner which prevents the dog from being able to dig or otherwise escape under, over or through the fencing. r. 3 -- 3 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 3 (2) Mesh used in the construction of perimeter fencing under this Regulation must be— (a) chain mesh manufactured from 3⋅15 mm wire to form a uniform 50 mm mesh; or (b) weldmesh manufactured from 4 mm wire with a maximum mesh spacing of 50 mm. (3) All gates in the fencing around the premises must contain a lock which enables the premises to be securely locked when the dog is guarding the premises.". 6. Regulation 11 amended For regulation 11 of the Principal Regulations substitute— "11. Infringement penalties For the purposes of section 88 of the Act the penalty for an offence for which an infringement notice may be issued is the penalty listed opposite that offence in Schedule 4.". 7. Regulation 13 substituted For regulation 13 of the Principal Regulations substitute— '13. Obedience training (1) For the purposes of the Schedule to the Act, obedience training which complies with these Regulations is training of a dog that enables the dog to successfully complete— (a) an assessment program administered by the Victorian Canine Association Inc. which results in the award of an obedience title recognised by the Australian National Kennel Control; or r. 6 -- 4 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 4 (b) an assessment program approved by the Minister and conducted by a qualified dog trainer. (2) For the purposes of sub-regulation (1)(b) a qualified dog trainer is a person who— (a) is a current member of an organisation approved by the Minister; and (b) has completed to the satisfaction of that organisation a training course approved by the Minister and administered by that organisation. (3) For the purposes of sub-regulation (1)(b) an assessment program may be approved by the Minister if it provides for a dog to be assessed in the following skills— (a) heeling or walking with handler; (b) sociability with other dogs; (c) staying on command (known as a "stay test"); (d) coming to handler on command (known as a "recall test"); (e) absence of aggression towards humans. (4) For the purposes of sub-regulation (2)(a), an organisation may be approved by the Minister for a period of 12 months if it satisfies the following criteria— (a) it is an organisation established for the purpose of representing the interests of other dog training organisations as well as individual dog trainers; and (b) it provides training and education programs relating to dog training to its members; and r. 7 -- 5 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 5 (c) it has prepared and distributed to its members a code of ethics relating to dog training that is endorsed by the organisation and is binding on its members. (5) At least 30 days before the expiry of the 12 month period referred to in sub- regulation (4), an organisation approved by the Minister under that sub-regulation may apply to the Minister to be approved for a further 12 month period by submitting a report on its activities in relation to the criteria specified in sub-regulation (4). (6) If after considering a report submitted under sub-regulation (5) the Minister is satisfied that an approved organisation continues to meet the criteria specified in sub- regulation (4), the Minister may approve the organisation for the purposes of sub- regulation (2)(a) for a further period of 12 months. (7) For the purposes of sub-regulation (2)(b), a training course may be approved by the Minister if it provides for— (a) training in appropriate equipment used to train a dog; and (b) practical obedience training of dogs; and (c) a written or oral examination on the theory of dog training; and (d) a practical examination of a person's dog training skills; and (e) a probationary or learning period of at least 25 hours in which the trainee is under the supervision of a qualified dog trainer.'. r. 7 -- 6 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 6 8. New regulations 14 and 15 inserted After regulation 13 of the Principal Regulations insert— '14. Savings provision—Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 (1) Subject to regulation 15, the coming into operation of regulation 10 of the amending Regulations is to be taken not to affect— (a) an infringement notice issued before that commencement; and (b) the penalty applying to an infringement offence committed before that commencement. (2) In this regulation, "infringement offence" means an offence for which an infringement notice may be served under section 85 of the Act. (3) In this regulation and in regulation 15, "amending Regulations" means the Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002. 15. Transitional provision—Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 On and from the commencement of regulation 10 of the amending Regulations, the penalty fixed under Schedule 4 of these Regulations (as substituted by regulation 10 of the amending Regulations) for an offence committed under section 24(1) or section 24(2) of the Act does not apply to such an offence committed before that commencement.'. r. 8 -- 7 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 7 9. Schedule 3 revoked Schedule 3 to the Principal Regulations is revoked. 10. New Schedule 4 substituted For Schedule 4 to the Principal Regulations substitute— "SCHEDULE 4 Column 1 Item Column 2 Section of Act Column 3 Brief description of offence Column 4 Prescribed penalty 1 10(1) Failure to apply to register a dog or cat $200 2 20(1) Registered dog or cat not wearing council identification marker $50 3 21 Unregistered dog or cat wearing council identification marker $50 4 22 Person other than owner removing, altering or defacing identification marker $50 5 23(2) Dog or cat on private property after notice of objection served $50 6 24(1) Dog at large or not securely confined to owner's premises during daytime $150 7 24(2) Dog at large or not securely confined to owner's premises during night time $200 8 25(1) Cat at large or not securely confined to owner's premises in restricted municipal district $50 9 26(1) Contravening Council Order relating to presence of dogs and cats in public places $100 r. 9 -- 8 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 8 Column 1 Item Column 2 Section of Act Column 3 Brief description of offence Column 4 Prescribed penalty 10 27(1) Greyhound outside owner's premises not adequately muzzled or not effectively controlled by chain, cord or leash $150 11 32(1) Dog or cat being a nuisance $50 12 32(4) Not complying with order to abate nuisance $150 13 41E Failure to comply with requirement to muzzle or effectively control menacing dog $200 14 63A Conducting a domestic animal business that does not comply with the relevant Code of Practice $200 ". ═══════════════ r. 10 -- 9 of 10 -- S.R. No. 62/2002 Domestic (Feral and Nuisance) Animals (Amendment) Regulations 2002 9 ENDNOTES 1 Reg. 3: S.R. No. 25/1996. Endnotes -- 10 of 10 --