Domestic (Feral and Nuisance) Animals Regulations 1996

i Domestic (Feral and Nuisance) Animals Regulations 1996 S.R. No. 25/1996 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 2 4. Definition 2 5. Permanent identification 2 6. Declaration of a dangerous dog 3 7. Enclosure for dangerous dog 3 8. Dangerous dog warning sign 4 9. Collars for dangerous dogs 5 10. Receipt for seized documents 5 11. Infringement notice 6 12. Change of address by owner of dangerous dog 6 13. Obedience training 6 __________________ SCHEDULES 8 Schedule 1—Dangerous dog sign 8 Schedule 2—Receipt pursuant to section 75 of the Domestic (Feral and Nuisance) Animals Act 1994 9 Schedule 3—Infringement notice 11 Schedule 4—Nature of infringement 13 -- 1 of 14 -- 1 STATUTORY RULES 1996 S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Act 1994 Domestic (Feral and Nuisance) Animals Regulations 1996 The Governor in Council makes the following Regulations: Dated: 1April 1996 Responsible Minister: BILL McGRATH Minister for Agriculture KATHY WILSON Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) prescribe requirements, procedures, conditions, forms, receipts, and penalties relating to dog and cat registration, dog and cat identification, dangerous dogs and infringements; (b) provide a scheme of dog obedience training for the purpose of obtaining a reduced registration fee; (c) prescribe other matters necessary to be prescribed for the purposes of the Domestic (Feral and Nuisance) Animals Act 1994. 2. Authorising provisions These Regulations are made under sections 19(2), 34(1)(d), 38(2), 39, 40, 75(1), 86, 100 and the -- 2 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 2 Schedule of the Domestic (Feral and Nuisance) Animals Act 1994. 3. Commencement These Regulations come into operation on 9 April 1996. 4. Definition In these Regulations— "the Act" means the Domestic (Feral and Nuisance) Animals Act 1994. 5. Permanent identification (1) For the purposes of the Schedule of the Act the prescribed manner of permanent identification is— (a) in the case of a scent-trailing hound registered with the Australian Deer Association or a fox hound registered with the Hunt Club Association of Victoria, a legible permanent ear tattoo; and (b) in any other case, implantation of a microchip, the information on which can be detected and decoded by a multireader capable of reading Destron and Trovan microchips. (2) For the purposes of section 19(2) of the Act the prescribed manner of permanent identification is implantation of a microchip, the information on which can be detected and decoded by a multireader capable of reading Destron and Trovan microchips. (3) In the case of a dangerous dog not permanently identified in the manner prescribed in sub-regulation (2) prior to being declared a dangerous dog, the owner must, within 7 days of the dog being permanently identified, forward r. 3 -- 3 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 3 details of the dog's identification to the Council with which the dog is or is to be registered. (4) In the case of a dangerous dog permanently identified in the manner prescribed in sub-regulation (2) prior to being declared a dangerous dog, the owner must, within 7 days of the dog being declared to be a dangerous dog, forward details of the dog's identification to the Council with which the dog is or is to be registered. 6. Declaration of a dangerous dog For the purposes of section 34(1)(d) of the Act a prescribed reason for which a Council may declare a dog to be a dangerous dog is if, in the course of being trained, the dog is required to attack a person. 7. Enclosure for dangerous dog (1) An enclosure for a dangerous dog must— (a) be fully enclosed; and (b) have a weatherproof sleeping area; and (c) have a minimum floor area of ten square metres; and (d) have a minimum height of 1.8 metres; and (e) have a minimum width of 1.8 metres; and (f) contain walls, a floor, a drain, a roof and a gate which comply with this regulation. (2) The walls of the enclosure must be— (a) fixed to the floor; or (b) constructed to be no more than 50mm from the floor. r. 6 -- 4 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 4 (3) The walls, roof and gate of the enclosure must be constructed of— (a) brick, timber, iron or similar solid materials; or (b) mesh which complies with sub-regulation (4); or (c) any combination of those materials in (a) and (b). (4) Mesh used in the construction of an enclosure under this regulation must be— (a) chain mesh manufactured from 3.15mm wire to form a uniform 50mm mesh; or (b) weldmesh manufactured from 4mm wire with a maximum mesh spacing of 50mm. (5) The floor of the enclosure must be— (a) constructed of sealed concrete; and (b) graded to fall to a drain for the removal of effluent. (6) The gate to the enclosure must contain a lock which enables the enclosure to be securely locked when the dog is in the enclosure. 8. Dangerous dog warning sign (1) For the purposes of section 39 a warning sign which complies with these regulations is one which— (a) is a square with sides of 40 cm; (b) is made of a durable metal; and (c) is similar to that illustrated and coloured in the manner indicated in Schedule 1. r. 8 -- 5 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 5 (2) A person must not display on any premises other than a premises where a dangerous dog is kept, a sign which resembles the sign in Schedule 1. Penalty: 2 penalty units 9. Collars for dangerous dogs (1) For the purposes of section 40 of the Act a collar is of the prescribed kind if— (a) it consists of red stripes alternately spaced with yellow stripes each being of a width of 25mm and set diagonal to the rim of the collar at an angle of 45 degrees; and (b) at least one of the two colours reflects light in the dark; and (c) it is made of durable materials; and (d) it is able to be securely fastened; and (e) it has a facility to attach a leash; and (f) it has a minimum width of: (i) 25mm for a dog weighing less than 20 kgs; or (ii) 40mm for a dog weighing between 20kgs and 40 kgs; or (iii) 50mm for a dog weighing more than 40 kg. (2) An owner of a dog must not put on a dog, other than a dangerous dog, a collar resembling the collar prescribed by sub-clause (1). Penalty: 2 penalty units 10. Receipt for seized documents For the purposes of section 75(1) of the Act the prescribed receipt is the receipt in Schedule 2. r. 9 -- 6 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 6 11. Infringement notice (1) For the purposes of section 86(a) of the Act the prescribed form for an infringement notice is the form in Schedule 3. (2) For the purposes of section 86(b) 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. 12. Change of address by owner of dangerous dog The owner of a dangerous dog must, within 24 hours of changing address, notify the Council of the municipal district in which the dog will be kept of— (a) the change of address; and (b) the fact that the owner has a dangerous dog. Penalty: 2 penalty units 13. Obedience training For the purposes of the Schedule to the Act obedience training which complies with these Regulations is training of a dog other than a dangerous dog or a dog the owner of which has been convicted of an offence under section 32 of the Act and which is training 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. 11 -- 7 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 7 (b) an assessment program approved by the Minister and conducted by a qualified dog trainer who is a member of an organisation approved by the Minister. __________________ r. 13 -- 8 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 8 SCHEDULES SCHEDULE 1 DANGEROUS DOG SIGN __________________ Sch. 1 -- 9 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 9 SCHEDULE 2 Domestic (Feral and Nuisance) Animals Regulations 1995 RECEIPT PURSUANT TO SECTION 75 OF THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 Name of authorised officer: Authorised by Minister … / Council … (tick whichever applies) If appointed by a certificate from a council, name of council: Name of person from whom documents seized if made available: Address from which documents seized Description of documents seized by the authorised officer: 1. 2. 3. 4. 5. 6. 7. 8. 9. Sch. 2 -- 10 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 10 10. Signed by the authorised officer: Date: __________________ Sch. 2 -- 11 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 11 SCHEDULE 3 INFRINGEMENT NOTICE No. Date of Notice: Legislation under which Infringement Notice given: Given Name: Address Post Code: Offence Penalty Date: Time Place: $ Information about the offence: If you pay the penalty indicated within 28 days from the date of this notice at.................................................................................................................. Sch. 3 -- 12 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 12 this matter will not be brought before a court unless a withdrawal notice is sent to you before the end of the period specified in this notice as the time for payment of the penalty. Name of Issuing Officer Signature of Issuing Officer __________________ Sch. 3 -- 13 of 14 -- S.R. No. 25/1996 Domestic (Feral and Nuisance) Animals Regulations 1996 13 SCHEDULE 4 Section of Act Nature of Infringement Penalty 20 Registered dog or cat not wearing council identification marker outside premises $50 21 Unregistered dog or cat wearing council identification marker 22 Person other than owner removing, altering or defacing identification marker 23 Dog or cat on private property after notice served 24(1) Dog at large or not securely confined to owner's premises during daytime 25 Cat at large or not securely confined to owner's premises in restricted municipal district 32(1) Dog or cat creating a nuisance 26 Contravening Council Order relating to presence of dogs and cats in public places $100 24(2) Dog at large or not securely confined to owner's premises during night time $150 27 Greyhound not adequately muzzled or not controlled by chain, cord or leash 32(4) Not complying with order to abate nuisance 10 Failure to apply to register a dog or cat $200 ═══════════════ Sch. 4 -- 14 of 14 --