Domestic Animals Amendment (Restricted Breed Dogs) Act 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purpose 1 2 Commencement 2 3 Principal Act 2 Part 2—Amendment of the Domestic Animals Act 1994 3 4 Registration fees 3 5 Registration of restricted breed dogs 3 6 Dangerous dogs 3 7 Dangerous dogs—notification of Council 3 8 New section 37A inserted 4 9 Repeal of section 41EA—prohibition on keeping restricted breed dogs 4 10 Payments to the Treasurer 4 11 Due date for payments to the Treasurer 5 12 Powers of authorised officers contracted by Councils 5 13 Seizure of dogs believed to be restricted breed dogs 5 14 Amendment to heading—restricted breed dog breeding offence 5 15 Custody of seized dogs believed to be restricted breed dogs 6 16 Recovery of dog believed to be restricted breed dog 6 17 Power to sell or destroy dogs or cats seized under this Part 7 18 Further power to destroy dogs 8 19 Power to serve infringement notice 8 20 VCAT review 9 21 Statute law revision amendment 9 Part 3—Repeal of amending Act 10 22 Repeal of amending Act 10 ═════════════ Endnotes 11 1 General information 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 † No. 44 of 2017 [Assented to 26 September 2017] The Parliament of Victoria enacts: Part 1—Preliminary 1 Purpose The purpose of this Act is to amend the Domestic Animals Act 1994— (a) to further provide for the keeping and registration of restricted breed dogs; and (b) to further provide for the acquisition and identification of dangerous dogs; and Victoria -- 2 of 12 -- Part 1—Preliminary Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 2 Authorised by the Chief Parliamentary Counsel (c) to further provide for payments to the Treasurer; and (d) to make other minor and related amendments. 2 Commencement (1) Subject to subsection (2), this Act (other than section 10(1)) comes into operation on a day or days to be proclaimed. (2) If a provision of this Act (other than section 10(1)) does not come into operation before 30 September 2017, it comes into operation on that day. (3) Section 10(1) comes into operation on 1 July 2018. 3 Principal Act In this Act, the Domestic Animals Act 1994 is called the Principal Act. -- 3 of 12 -- Part 2—Amendment of the Domestic Animals Act 1994 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 3 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of the Domestic Animals Act 1994 4 Registration fees In section 15(4)(d)(i) of the Principal Act, after "is kept" insert ", or at any time has been kept,". 5 Registration of restricted breed dogs For section 17(1AA), (1A) (including the note at the foot of that subsection), (1B) and (1C) of the Principal Act substitute— "(1A) A Council— (a) may register or renew the registration of a restricted breed dog; and (b) may impose conditions on the registration or the renewal of the registration of a restricted breed dog. Note Under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device.". 6 Dangerous dogs In section 34A of the Principal Act— (a) in paragraph (a), after "is kept" insert ", or at any time has been kept,"; (b) in paragraph (b), after "the dog" insert ", at any time,". 7 Dangerous dogs—notification of Council (1) In section 37(1) of the Principal Act, after "a dog that" insert ", at any time,". -- 4 of 12 -- Part 2—Amendment of the Domestic Animals Act 1994 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 4 Authorised by the Chief Parliamentary Counsel (2) After section 37(1B) of the Principal Act insert— "(1BA) The owner of a dog that has at any time been kept as a guard dog, within 24 hours of commencing to keep the dog, must notify the Council of the municipal district in which the dog is kept that the dog is being kept in that municipal district. Penalty: 5 penalty units.". 8 New section 37A inserted After section 37 of the Principal Act insert— "37A Offence not to advise person acquiring a dangerous dog that it is dangerous dog A person must not sell or give away a dangerous dog to another person or otherwise transfer the ownership of a dangerous dog to another person unless before the sale, giving away or transfer of the dog the person advises the other person in writing that the dog is a dangerous dog. Penalty: 5 penalty units.". 9 Repeal of section 41EA—prohibition on keeping restricted breed dogs Section 41EA of the Principal Act is repealed. 10 Payments to the Treasurer (1) Section 69(1)(a) and (aa) of the Principal Act are repealed. (2) After section 69(1) of the Principal Act insert— "(1A) Each Council must pay to the Treasurer in respect of each registration fee collected by the Council in each financial year for the registration or renewal of registration of a dog or cat— -- 5 of 12 -- Part 2—Amendment of the Domestic Animals Act 1994 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 5 Authorised by the Chief Parliamentary Counsel (a) $4.00 for the financial year that commences immediately after the commencement of section 10(2) of the Domestic Animals Amendment (Restricted Breed Dogs) Act 2017; and (b) for each financial year after that, an amount that increases from the previous financial year by the annual rate approved by the Treasurer in relation to the State Budget for the purposes of section 8 of the Subordinate Legislation Act 1994.". (3) In section 69(2) of the Principal Act, after "subsection (1)" insert "and (1A)". 11 Due date for payments to the Treasurer In section 70(1) of the Principal Act, after "section 69(1)" insert "and (1A)". 12 Powers of authorised officers contracted by Councils In section 74A of the Principal Act, for "41E, 41EA, 41G" substitute "41E, 41G". 13 Seizure of dogs believed to be restricted breed dogs In section 80 of the Principal Act, after "that Council" insert ", for the purpose of determining whether or not the dog is a restricted breed dog,". 14 Amendment to heading—restricted breed dog breeding offence In the heading to section 84EA of the Principal Act, after "warrant if" insert "restricted breed dog". -- 6 of 12 -- Part 2—Amendment of the Domestic Animals Act 1994 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 6 Authorised by the Chief Parliamentary Counsel 15 Custody of seized dogs believed to be restricted breed dogs In section 84L(2) of the Principal Act, for "in the reasonable belief that it" substitute "and the authorised officer reasonably believes the dog". 16 Recovery of dog believed to be restricted breed dog (1) For section 84N(1)(a) of the Principal Act substitute— "(a) the person has been served with a declaration under section 98A and— (i) the person has not applied for a review of that declaration within the time fixed under section 98(2A); or (ii) the person has applied for a review of that declaration within the time fixed under section 98(2A) and— (A) the declaration has been affirmed by the Victorian Civil and Administrative Tribunal; or (B) the application for the review has been withdrawn, dismissed or struck out for want of prosecution; and". (2) For the note at the foot of section 84N(1) of the Principal Act substitute— "Note Under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device.". -- 7 of 12 -- Part 2—Amendment of the Domestic Animals Act 1994 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 7 Authorised by the Chief Parliamentary Counsel (3) For section 84N(2) of the Principal Act substitute— "(2) A person may recover a dog under subsection (1)— (a) if the person has not applied for a review of the declaration within the time fixed under section 98(2A), within 8 days after the expiry of the time fixed under section 98(2A); or (b) if the person has applied for a review of the declaration within the time fixed under section 98(2A), within 8 days after whichever of the following applies— (i) the declaration is affirmed by the Victorian Civil and Administrative Tribunal; (ii) the application for the review is withdrawn, dismissed or struck out for want of prosecution.". 17 Power to sell or destroy dogs or cats seized under this Part For section 84O(2) and (3) of the Principal Act substitute— "(2) If the owner of a dangerous dog or a restricted breed dog seized under this Part may recover the dog under Division 5 but does not comply with the requirements under that Division for recovery of the dog within the period specified in that Division, the Council or person or body retaining custody of the dog must destroy the dog as soon as possible after the expiry of that period. -- 8 of 12 -- Part 2—Amendment of the Domestic Animals Act 1994 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 8 Authorised by the Chief Parliamentary Counsel (3) If the owner of a dog or cat (other than a dangerous dog or a restricted breed dog) seized under this Part may recover the animal under Division 5 but does not comply with the requirements under that Division for recovery of the animal within the period specified in that Division, the Council or person or body retaining custody of the animal must sell or destroy the animal as soon as possible after the expiry of that period in accordance with any relevant business code of practice or greyhound code of practice.". 18 Further power to destroy dogs (1) In section 84P(1) of the Principal Act— (a) omit "(1)"; (b) for "Subject to subsection (2), the" substitute "The". (2) Section 84P(1)(b), (2), (3) and (4) of the Principal Act are repealed. 19 Power to serve infringement notice In the Table at the foot of section 85(1) of the Principal Act— (a) in Column 2 opposite the words in Column 1 "Authorised officer appointed under section 71"— (i) after "37(2)," insert "37A,"; (ii) omit "41EA,"; (b) in Column 2 opposite the words in Column 1 "Authorised officer appointed under section 72"— (i) after "37(2)," insert "37A,"; (ii) omit "41EA,"; -- 9 of 12 -- Part 2—Amendment of the Domestic Animals Act 1994 Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 9 Authorised by the Chief Parliamentary Counsel (c) in Column 2 opposite the words in Column 1 "Authorised officer appointed under section 72A", omit "41EA,". 20 VCAT review In section 98(2)(b) of the Principal Act, for ", 10C(6) or 17(1AA)" substitute "or 10C(6)". 21 Statute law revision amendment In section 84Q(3)(b) of the Principal Act, for "Part 7E" substitute "section 98(2A)". -- 10 of 12 -- Part 3—Repeal of amending Act Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 10 Authorised by the Chief Parliamentary Counsel Part 3—Repeal of amending Act 22 Repeal of amending Act This Act is repealed on 1 July 2019. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ -- 11 of 12 -- Endnotes Domestic Animals Amendment (Restricted Breed Dogs) Act 2017 No. 44 of 2017 11 Authorised by the Chief Parliamentary Counsel Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. † Minister's second reading speech— Legislative Assembly: 9 August 2017 Legislative Council: 7 September 2017 The long title for the Bill for this Act was "A Bill for an Act to amend the Domestic Animals Act 1994 in relation to restricted breed dogs, dangerous dogs, payments to the Treasurer and to make minor and related amendments and for other purposes." -- 12 of 12 --