Domestic Animals Amendment (Dangerous Dogs) Act 2010

i Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 TABLE OF PROVISIONS Section Page 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Minister's power to delegate 4 5 New section 6A inserted 4 6A Secretary's power to delegate 4 6 Requirement to apply for registration 4 7 Registration of dangerous and restricted breed dogs 4 8 Registered dog or cat to have identification marker outside premises 5 9 Dogs found at large 6 10 Offences and liability relating to dog attacks 6 11 Council may declare a dog to be dangerous 6 12 Declaration that a dog is a menacing dog 6 13 Section 41EA substituted 7 41EA Prohibition on keeping a restricted breed dog 7 14 Councils to provide details of dangerous, menacing or restricted breed dogs to Secretary 8 15 New section 44AEA inserted 8 44AEA Councils to provide details of dogs destroyed in certain circumstances to Secretary 8 16 Qualifications for implanters 9 17 Payments to the Treasurer 10 18 Powers of authorised officers 10 19 Powers of authorised officers contracted by Councils 10 20 Custody of seized dogs believed to be restricted breed dogs 11 21 Recovery of dog believed to be a restricted breed dog 11 22 Prosecution of identified persons suspected of committing offences 11 23 New sections 84TA, 84TB and 84TC inserted 11 84TA Destruction of dog that is a danger to the public 11 84TB Immediate destruction of dog that may cause serious injury or death 13 84TC Destruction of declared dangerous dog found at large 13 24 Method of disposal of dogs or cats 15 -- 1 of 22 -- Section Page ii 25 Power of Court to order payment of costs and disposal of dogs or cats 15 26 Review of decisions by Victorian Civil and Administrative Tribunal 16 27 Section 98C substituted 17 98C Application of certain offences at the time of the making of a declaration 17 28 Repeal of review panel provisions 17 29 Regulations 18 30 New section 105 inserted 18 105 Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010 18 31 Statute law revision 19 32 Repeal of amending Act 19 ═══════════════ ENDNOTES 20 -- 2 of 22 -- 1 Domestic Animals Amendment (Dangerous Dogs) Act 2010 † No. 44 of 2010 [Assented to 17 August 2010] The Parliament of Victoria enacts: 1 Purposes The main purposes of this Act are to amend the Domestic Animals Act 1994— (a) to make further provision for the registration of restricted breed dogs and to amend the definition of a restricted breed dog; and (b) to provide that the Victorian Civil and Administrative Tribunal may review declarations of restricted breed dogs and to abolish review panels; and Victoria -- 3 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 2 (c) to increase penalties for certain offences; and (d) to further enable the making of declarations of dangerous dogs and menacing dogs; and (e) to provide further destruction powers for dogs to be destroyed; and (f) to make other miscellaneous and consequential amendments to that Act. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 10 April 2011, it comes into operation on that day. 3 Definitions (1) In section 3(1) of the Domestic Animals Act 1994, in the definition of animal registry service— (a) in paragraph (c), for "Part 2;" substitute "Part 2; and"; (b) after paragraph (c) insert— "(d) are not records kept and maintained solely for the purpose of tracing the pedigree lineage of an animal of a prescribed class of animal;". (2) In section 3(1) of the Domestic Animals Act 1994, in paragraph (b)(i)(A) of the definition of domestic animal business, for "more than 10" substitute "10 or more". s. 2 See: Act No. 81/1994. Reprint No. 4 as at 1 September 2009 and amending Act No. 68/2009. LawToday: www. legislation. vic.gov.au -- 4 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 3 (3) Insert the following definition into section 3(1) of the Domestic Animals Act 1994— "desexing in relation to a dog or cat means a surgical procedure to remove all or part of the reproductive organs of the dog or cat to prevent it breeding and to prevent or eliminate secondary sexual behaviours;". (4) In section 3(1) of the Domestic Animals Act 1994, for the definition of restricted breed dog substitute— "restricted breed dog means a dog that is any one of the following breeds— (a) Japanese Tosa; (b) fila Brasiliero; (c) dogo Argentino; (d) Perro de Presa Canario (or Presa Canario); (e) American Pit Bull Terrier (or Pit Bull Terrier);". (5) Insert the following definition into section 3(1) of the Domestic Animals Act 1994— "scan means to pass a reader over the skin of an animal of a prescribed class of animal or a permanent identification device at a distance of no greater than 50 millimetres and at a sweep speed of no greater than 50 centimetres per second;". (6) After section 3(2) of the Domestic Animals Act 1994 insert— "(3) A dog that falls within a standard prescribed by the regulations for a breed of dog specified in a paragraph of the definition of restricted breed dog is taken to be a dog of that breed.". s. 3 -- 5 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 4 4 Minister's power to delegate Section 6(aa) of the Domestic Animals Act 1994 is repealed. 5 New section 6A inserted After section 6 of the Domestic Animals Act 1994 insert— "6A Secretary's power to delegate The Secretary may, in writing, delegate to any employee employed under the Public Administration Act 2004 in the administration of this Act, all or any of his or her powers under this Act or the regulations, except this power to delegate.". 6 Requirement to apply for registration For the penalty at the foot of section 10(1) and (2) of the Domestic Animals Act 1994 substitute— "Penalty: 20 penalty units.". 7 Registration of dangerous and restricted breed dogs For section 17(1A) of the Domestic Animals Act 1994 substitute— "(1A) A Council may register a dog as a restricted breed dog— (a) in the period that is 2 years after the commencement of section 7 of the Domestic Animals Amendment (Dangerous Dogs) Act 2010, if the dog was in Victoria immediately before that commencement; and s. 4 -- 6 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 5 (b) on or after the end of the period specified in paragraph (a), if— (i) the dog was in Victoria immediately before the commencement referred to in paragraph (a); and (ii) the dog was registered as another breed of dog immediately before the end of the period specified in paragraph (a). 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.". 8 Registered dog or cat to have identification marker outside premises (1) In section 20(1) of the Domestic Animals Act 1994, for "1 penalty unit" substitute "2 penalty units". (2) In section 20(2)(e) of the Domestic Animals Act 1994, for "person." substitute "person; or". (3) After section 20(2)(e) of the Domestic Animals Act 1994 insert— "(f) a dog that is in an area designated in an order under section 26(2) as an area where dogs are not required to be on leads, if— (i) the owner of the dog is a member of an applicable organisation and has in the last 12 months exhibited the dog for show purposes at a fixture conducted by an applicable organisation; and s. 8 -- 7 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 6 (ii) the person in apparent control of the dog has with him or her the identification required by section 19.". 9 Dogs found at large (1) In section 24(1) of the Domestic Animals Act 1994, for "3 penalty units" substitute "6 penalty units". (2) In section 24(2) of the Domestic Animals Act 1994, for "5 penalty units" substitute "10 penalty units". 10 Offences and liability relating to dog attacks In section 29(3) and (4) of the Domestic Animals Act 1994, for "20 penalty units" substitute "40 penalty units". 11 Council may declare a dog to be dangerous After section 34(1)(c) of the Domestic Animals Act 1994 insert— "(ca) if there has been a finding of guilt or the serving of an infringement notice (which has not been withdrawn and the penalty has been paid under the Infringements Act 2006) in respect of 2 or more offences under section 29(5), (6), (7) or (8) in respect of the dog; or". 12 Declaration that a dog is a menacing dog After section 41A(1)(a) of the Domestic Animals Act 1994 insert— "(ab) the dog bites any person or animal causing injury to that person or animal that is not in the nature of a serious injury; or". s. 9 -- 8 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 7 13 Section 41EA substituted For section 41EA of the Domestic Animals Act 1994 substitute— "41EA Prohibition on keeping a restricted breed dog (1) A person must not keep a restricted breed dog. Penalty: 10 penalty units. (2) Subsection (1) does not apply to a person who keeps a restricted breed dog— (a) during the period of 2 years after the commencement of section 7 of the Domestic Animals Amendment (Dangerous Dogs) Act 2010, if that dog was in Victoria immediately before that commencement; and (b) on or after the end of the period specified in paragraph (a) if— (i) the dog was in Victoria immediately before the commencement referred to in paragraph (a); and (ii) the dog was registered as a restricted breed dog or another breed of dog immediately before the end of the period specified in paragraph (a).". s. 13 -- 9 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 8 14 Councils to provide details of dangerous, menacing or restricted breed dogs to Secretary In section 44AE(d) of the Domestic Animals Act 1994— (a) in subparagraphs (i) and (ii), for "a review panel" (wherever occurring) substitute "the Victorian Civil and Administrative Tribunal"; (b) in subparagraph (ii), for "the review panel" (wherever occurring) substitute "the Victorian Civil and Administrative Tribunal". 15 New section 44AEA inserted After section 44AE of the Domestic Animals Act 1994 insert— "44AEA Councils to provide details of dogs destroyed in certain circumstances to Secretary A Council must provide to the Secretary the following information relating to a dog that has been destroyed under section 84TA, 84TB or 84TC— (a) the reasons for the dog being destroyed, including, in the case of a dog destroyed under section 84TA, the basis upon which an authorised officer formed the reasonable belief under section 84TA(1)(c); (b) the time and date of destruction of the dog; (c) the following information (if known) relating to the dog— (i) the name, address and contact details of the owner of the dog; s. 14 -- 10 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 9 (ii) the number of any prescribed permanent identification device that was implanted in the dog; (iii) the sex and the reproductive status of the dog; (iv) the date of birth or age of the dog; (v) the breed and colour of the dog.". 16 Qualifications for implanters (1) For section 63T(1) of the Domestic Animals Act 1994 substitute— "(1) A person is qualified to implant permanent identification devices into animals of a prescribed class of animal if— (a) the person is a veterinary practitioner who has completed a course approved by the Secretary on the implantation of permanent identification devices into such animals; or (b) the person has a qualification approved by the Secretary and has completed a course approved by the Secretary for persons who are not veterinary practitioners on the implantation of permanent identification devices into such animals; or (c) the person is training to be a veterinary practitioner or to have a qualification approved by the Secretary and the person implants the devices under the direct supervision of a veterinary practitioner who has completed a course approved by the Secretary on the implantation of permanent identification devices into such animals.". s. 16 -- 11 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 10 (2) After section 63T(2) of the Domestic Animals Act 1994 insert— "(3) Nothing in this section authorises a person who is not a veterinary practitioner or a person training to be a veterinary practitioner to implant a device in a prescribed class of animal other than dogs or cats.". 17 Payments to the Treasurer (1) In section 69(1)(a) of the Domestic Animals Act 1994, for "$1.00" substitute "$2.00". (2) In section 69(1)(aa) of the Domestic Animals Act 1994, for "$2.50" substitute "$3.50". 18 Powers of authorised officers After section 74(1B) of the Domestic Animals Act 1994 insert— "(1C) For the avoidance of doubt, an authorised officer appointed by a Council under section 72 may scan an animal of a prescribed class of animal to find out whether the following are being complied with— (a) this Act; (b) the regulations; (c) any local law made under this Act by a Council; (d) any Code of Practice made under this Act.". 19 Powers of authorised officers contracted by Councils In section 74A of the Domestic Animals Act 1994, for "29(3), 29(4)" substitute "29(5), 29(7)". s. 17 -- 12 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 11 20 Custody of seized dogs believed to be restricted breed dogs In section 84L(1)(a) of the Domestic Animals Act 1994, for "under Part 7E" substitute "by the Victorian Civil and Administrative Tribunal". 21 Recovery of dog believed to be a restricted breed dog In section 84N(1)(a)(i), (2)(a) and (3)(a)(ii) of the Domestic Animals Act 1994, for "under Part 7E" (wherever occurring) substitute "by the Victorian Civil and Administrative Tribunal". 22 Prosecution of identified persons suspected of committing offences In section 84Q(3)(b) of the Domestic Animals Act 1994, for "under Part 7E" (where first occurring) substitute "by the Victorian Civil and Administrative Tribunal". 23 New sections 84TA, 84TB and 84TC inserted After section 84T of the Domestic Animals Act 1994 insert— '84TA Destruction of dog that is a danger to the public (1) Subject to subsection (6), a Council may destroy a dog seized under this Part if— (a) the authorised officer of the Council who seized the dog held the reasonable belief at the time of the seizure that the owner of the dog would be guilty of an offence under section 24 or 26; and (b) the dog is unregistered and the owner is not able to be identified from— (i) a marker attached to, or a device implanted in, the dog's body; or s. 20 -- 13 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 12 (ii) any information received by the Council that is sufficient to enable identification of the owner; and (c) an authorised officer of the Council, at or after the time of the seizure of the dog, reasonably believes that the behaviour of the dog has resulted, or is likely to result, if the dog were at large, in the commission of an offence under section 29. (2) In forming the reasonable belief referred to in subsection (1)(c), the authorised officer must have regard to any guidelines or practice notes approved by the Minister for the purposes of this section. (3) The authorised officer who holds the belief referred to in subsection (1)(c) must record, as soon as is practicable but no longer than 24 hours after the seizure of the dog, in respect of the seized dog each of the matters set out in subsection (1) including the reasons for holding that belief and the reasons for the holding of the belief referred to in subsection (1)(a). (4) The Council must decide whether or not to destroy the dog under subsection (1) within 48 hours after the record under subsection (3) is made. (5) A Council that decides to destroy a dog under this section must record the time and date of that decision. (6) A dog may be destroyed under subsection (1) as soon as possible after an authorised officer makes a record under subsection (3) but no earlier than 48 hours after that record is made. s. 23 -- 14 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 13 (7) This section does not limit any other powers to destroy a dog under this Division. (8) Divisions 4 and 5 of this Part do not apply to a person acting in accordance with this section. (9) If the Council decides not to destroy a dog under subsection (1)— (a) section 84H(3) is to be read as if the reference to "4 days" were a reference to "7 days"; and (b) section 84M(1) is to be read as if a reference to "8 days" were a reference to "11 days". 84TB Immediate destruction of dog that may cause serious injury or death (1) An authorised officer may immediately destroy a dog if the officer reasonably believes that the dog is behaving in a manner or in circumstances that will result in imminent serious injury or death to a person or other animal. (2) Subsection (1) applies whether or not the dog is registered or the owner is identifiable. (3) Divisions 4 and 5 of this Part do not apply to a person acting in accordance with this section. 84TC Destruction of declared dangerous dog found at large (1) Subject to subsection (6), the Council may destroy a dangerous dog if— (a) the dog was declared under section 34(1)(a) as a dangerous dog; and s. 23 -- 15 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 14 (b) an authorised officer of the Council has seized the dog in the reasonable belief that the owner of the dog would be guilty of an offence under section 24 or 26. (2) Despite subsection (1), the Council may not destroy a dangerous dog seized in the circumstances described in that subsection if the authorised officer has formed a reasonable belief that the alleged offence has been caused by the act or omission of a person who is not the owner of the dog. (3) An authorised officer who seizes a dog in the circumstances described in subsection (1) must record, as soon as is practicable but no longer than 24 hours after the seizure of the dog— (a) each of the matters set out in subsection (1), including the reason for holding the reasonable belief referred to in subsection (1)(b); and (b) if applicable, the reason for holding the reasonable belief referred to in subsection (2). (4) The Council must decide whether or not to destroy the dog under subsection (1) within 24 hours after the record under subsection (3) is made. (5) A Council that decides to destroy a dog under this section must record the time and date of that decision. s. 23 -- 16 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 15 (6) A dog may be destroyed under subsection (1) as soon as possible after an authorised officer makes a record under subsection (3) but no earlier than 24 hours after that record is made. (7) This section does not limit any other powers to destroy a dog under this Division. Note There are other powers of destruction under Division 6 of Part 7A that may still apply to a dangerous dog that has been seized because an authorised officer has the reasonable belief that the owner of the dog would be guilty of an offence under section 24 or 26. (8) Divisions 4 and 5 of this Part do not apply to a person acting in accordance with this section. (9) If the Council decides not to destroy a dog under subsection (1)— (a) section 84H(3) is to be read as if the reference to "4 days" were a reference to "6 days"; and (b) section 84M(1) is to be read as if a reference to "8 days" were a reference to "10 days".'. 24 Method of disposal of dogs or cats In section 84V(1) of the Domestic Animals Act 1994, for "that person" substitute "the Council, person or body". 25 Power of Court to order payment of costs and disposal of dogs or cats (1) In section 84X(1)(c) of the Domestic Animals Act 1994, for "animal." substitute "animal;". s. 24 -- 17 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 16 (2) After section 84X(1)(c) of the Domestic Animals Act 1994 insert— "(d) in the case of an offence involving a dog, that the owner attend a training course relating to responsible dog ownership, which is approved by the Minister for the purposes of this section; (e) in the case of an offence involving a dog, that the owner and the dog attend obedience training, which complies with the regulations.". 26 Review of decisions by Victorian Civil and Administrative Tribunal (1) After section 98(2) of the Domestic Animals Act 1994 insert— "(2AA) The owner of a dog may apply to the Victorian Civil and Administrative Tribunal for review of a decision by an authorised officer under section 98A to declare the dog a restricted breed dog.". (2) In section 98(2A) of the Domestic Animals Act 1994, for "subsection (1) or (2)" substitute "subsection (1), (2) or (2AA)". (3) After section 98(2A) of the Domestic Animals Act 1994 insert— "(2B) For the purposes of subsection (2A), a decision referred to in subsection (2AA) is taken to be made when the notice of the declaration is served on the owner of the dog.". (4) In section 98(3) of the Domestic Animals Act 1994, after "Council" insert "or an authorised officer". s. 26 -- 18 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 17 27 Section 98C substituted For section 98C of the Domestic Animals Act 1994 substitute— "98C Application of certain offences at the time of the making of a declaration Sections 19(2), 41G and 41H are taken not to apply to the owner of a dog, which has been declared to be a restricted breed dog by an authorised officer, until— (a) in the case of a declaration in respect of which an application to the Victorian Civil and Administrative Tribunal has not been made within the time it must be made under section 98(2A), 60 days after the service of the notice of the declaration; or (b) in the case of a declaration in respect of which— (i) an application has been made to the Victorian Civil and Administrative Tribunal within the time it must be made under section 98(2A); and (ii) the Victorian Civil and Administrative Tribunal has affirmed the making of the declaration— 30 days after the decision to affirm the making of the declaration.". 28 Repeal of review panel provisions Sections 98D, 98E, 98F and 98G of the Domestic Animals Act 1994 are repealed. s. 27 -- 19 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 18 29 Regulations After section 100(1)(a) of the Domestic Animals Act 1994 insert— "(ab) prescribing a standard for restricted breed dogs for the purposes of section 3(3); and". 30 New section 105 inserted After section 104 of the Domestic Animals Act 1994 insert— "105 Transitional provision—Domestic Animals Amendment (Dangerous Dogs) Act 2010 (1) On the commencement day, a review panel constituted under Part 7E is abolished and its members go out of office. (2) Despite subsection (1), if before the commencement day— (a) a review panel has begun to hear a review under Part 7E, the review panel may continue to hear the review and make a determination of the matter; and (b) an application for review of a declaration that a dog is a restricted breed dog is made to a review panel under Part 7E, the review panel may hear the review and make a determination of the matter— as if this Act as in force before the commencement day continued to apply. (3) Despite the amendments made to sections 84L, 84N and 84Q by the Domestic Animals Amendment (Dangerous Dogs) Act 2010, the references to a review by the Victorian Civil and Administrative Tribunal s. 29 -- 20 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 19 are taken to include any review heard by a review panel under subsection (2). (4) In this section commencement day means the day that section 30 of the Domestic Animals Amendment (Dangerous Dogs) Act 2010 comes into operation.". 31 Statute law revision In section 10A(4)(b) of the Domestic Animals Act 1994, for "desexed; o" substitute "desexed; or". 32 Repeal of amending Act This Act is repealed on 10 April 2012. 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). ═══════════════ s. 31 -- 21 of 22 -- Domestic Animals Amendment (Dangerous Dogs) Act 2010 No. 44 of 2010 20 ENDNOTES † Minister's second reading speech— Legislative Assembly: 6 May 2010 Legislative Council: 24 June 2010 The long title for the Bill for this Act was "A Bill for an Act to amend the Domestic Animals Act 1994 and for other purposes." Endnotes -- 22 of 22 --