Primary Industries Acts (Further Amendment) Act 2005

i Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY MATTERS 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 3 3. Definitions 3 4. Penalty for failure to declare restricted breed dog 3 5. Insertion of sections 10A and 10B 3 10A. Council may refuse to register dogs and cats unless desexed 3 10B. Dogs and cats that are exempt from desexing 4 6. Insertion of new section 10C 5 10C. Council must not register or renew registration of certain dogs unless permanently identified 5 7. Substitution of section 10C and insertion of section 10D 6 10C. Refusal of registration of dogs and cats unless permanently identified 6 10D. Dogs and cats that are exempt from permanent identification 7 8. Insertion of section 12A and substitution of section 13 8 12A. Dogs and cats must be permanently identified before sale or being given away 8 13. Notification of sale by domestic animal business 9 9. Application for registration or renewal of registration 9 10. Registration fees 10 11. Substitution of section 16 11 16. Registration of dogs and cats other than dangerous or restricted breed dogs 11 -- 1 of 38 -- Section Page ii 12. Registration of dangerous and restricted breed dogs 12 13. Cats found at large 13 14. Insertion of section 33A 13 33A. Council animal shelters and pounds must accept surrendered animals 13 15. Insertion of section 41EA 14 41EA. Prohibition on keeping a restricted breed dog 14 16. Repeal of Division heading 14 17. Substitution of section 58 14 58. Revocation or suspension of registration of animal shelter or pound by Minister 14 18. Insertion of heading to Division 3A of Part 4 15 19. Substitution of section 63A 15 63A. Non-compliance with Code of Practice an offence 15 20. Insertion of Part 5A 17 PART 5A—DOMESTIC ANIMAL MANAGEMENT PLANS 17 68A. Councils to prepare domestic animal management plans 17 21. Seizure of dogs and cats 19 22. New offences prescribed for infringement notices 22 23. New penalty for giving false information 22 24. Regulations 23 25. Amendments to Schedule 23 PART 3—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 24 26. Definition 24 27. Amendments to cruelty offences 24 28. Serious offences 25 29. Permits to operate rodeos or rodeo schools 25 30. References to owner or person in charge 27 31. Taking of samples of animals and things 27 32. Additional search warrant power 28 33. Insertion of sections 21CA and 21CB 29 21CA. Disposal of seized abandoned animal 29 21CB. Certain sale and destruction provisions to apply to animals seized under section 21A 31 34. Substitution of section 24A 31 24A. Minister may authorise seizure of animals 31 35. Substitution of section 24H 33 24H. Retention, return and disposal of seized animal 33 -- 2 of 38 -- Section Page iii 36. Insertion of new section 24IA 34 24IA. Certain sale and destruction provisions to apply to animals seized under section 24E 34 37. Notice to comply 34 ═══════════════ ENDNOTES 35 -- 3 of 38 -- 1 Primary Industries Acts (Further Amendment) Act 2005 † [Assented to 2 November 2005] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY MATTERS 1. Purposes The main purposes of this Act are— (a) to amend the Domestic (Feral and Nuisance) Animals Act 1994— (i) to provide for the desexing and the permanent identification of dogs and cats; and Victoria No. 76 of 2005 -- 4 of 38 -- Part 1—Preliminary Matters Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 2 (ii) to prohibit the keeping of restricted breed dogs; and (iii) to prohibit the sale of dogs and cats unless they are permanently identified; and (iv) to require Councils to prepare domestic animal management plans; and (v) to generally improve the administration and enforcement provisions of that Act; and (b) to amend the Prevention of Cruelty to Animals Act 1986— (i) to amend the provisions relating to the issue of permits for rodeos and rodeo schools; and (ii) to generally improve the administration and enforcement provisions of that Act. 2. Commencement (1) This Act (except sections 6, 7, 8, 9(2), 21(6), 22, 24 and 29) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 7 comes into operation on 1 May 2007. (3) Subject to sub-section (4), sections 6, 8, 9(2), 21(6), 22, 24 and 29 come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does not come into operation before 1 July 2006, it comes into operation on that day. __________________ s. 2 -- 5 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 3 PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND NUISANCE) ANIMALS ACT 1994 3. Definitions In section 3(1) of the Domestic (Feral and Nuisance) Animals Act 1994, in the definitions of "domestic animal business" and "pound", for "dogs and cats" substitute "dogs or cats". 4. Penalty for failure to declare restricted breed dog For the penalty at the foot of section 10(3) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "Penalty: 10 penalty units.". 5. Insertion of sections 10A and 10B After section 10 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "10A. Council may refuse to register dogs and cats unless desexed (1) A Council may resolve that it will not, after a specified future date, register or renew the registration of a dog or cat unless the dog or cat— (a) is desexed; or (b) is exempted under this Act from any requirement to be desexed. (2) A Council may resolve to amend or revoke any resolution made under this section. See: Act No. 81/1994. Reprint No. 2 as at 1 November 2002 and amending Act Nos 56/2003, 103/2003, 69/2004, 82/2004, 108/2004 and 50/2005. LawToday: www.dms. dpc.vic. gov.au s. 3 -- 6 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 4 (3) If a Council makes a resolution under this section— (a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and (b) it must give effect to the resolution. (4) A Council must not register or renew the registration of a dangerous dog or a restricted breed dog unless the dog— (a) is desexed; or (b) is exempt under section 10B(1)(c), 10B(1)(d) or 10B(1)(e) from the requirement to be desexed. 10B. Dogs and cats that are exempt from desexing (1) The following dogs and cats do not have to be desexed to be registered or to have their registration renewed by a Council— (a) a dog or cat that is owned by a person or body that conducts a domestic animal business under which dogs or cats are bred and the dog or cat is used for breeding purposes in connection with that business; (b) a dog or cat that is owned by a person who is a current member of an applicable organisation and the animal is registered with that organisation; (c) a dangerous dog that is kept as a guard dog for non-residential premises; s. 5 -- 7 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 5 (d) a dangerous dog that has undergone protection training in accordance with any relevant Code of Practice made under section 59; (e) a dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is desexed; (f) a dog or cat that is of a class of dog or cat that is exempt under a resolution made under section 10A from a requirement to be desexed. (2) A Council may, in any resolution made under section 10A, exempt a class of dog or cat from any requirement to be desexed for the purposes of registration or the renewal of registration. (3) Sub-section (2) does not apply to a dangerous dog or a restricted breed dog.". 6. Insertion of new section 10C After section 10B of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "10C. Council must not register or renew registration of certain dogs unless permanently identified A Council must not register or renew the registration of a dangerous dog, a menacing dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device.". s. 6 -- 8 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 6 7. Substitution of section 10C and insertion of section 10D For section 10C of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "10C. Refusal of registration of dogs and cats unless permanently identified (1) A Council must not register a dog or cat unless the dog or cat— (a) has been implanted with a prescribed permanent identification device; or (b) is of a class of dog or cat that is exempt, under a resolution made under section 10D(3), from the requirement to be implanted with such a device; or (c) is otherwise exempted under this Act from the requirement to be implanted with such a device; or (d) subject to sub-section (2), has previously been registered with that Council at any time in the 12 month period immediately before the application for registration was lodged. (2) Sub-section (1)(d) does not apply if a resolution of the Council under sub-section (3) is in effect under which dogs or cats of the same class as the dog or cat are required to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration. (3) A Council may resolve that it will not, after a specified future date, renew the registration of any dog or cat unless the dog or cat— (a) has been implanted with a prescribed permanent identification device; or s. 7 -- 9 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 7 (b) is exempted under this Act from any requirement to be implanted with such a device. (4) A Council may resolve to amend or revoke any resolution made under this section. (5) If a Council makes a resolution under this section— (a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and (b) it must give effect to the resolution. (6) A Council must not register or renew the registration of a dangerous dog, a menacing dog or a restricted breed dog unless the dog has been implanted with a prescribed permanent identification device. 10D. Dogs and cats that are exempt from permanent identification (1) This section does not apply to a dangerous dog, a menacing dog or a restricted breed dog. (2) A dog or cat that is the subject of written veterinary advice that the health of the dog or cat is liable to be significantly prejudiced if it is implanted with a prescribed permanent identification device is exempt from any requirement to be so implanted for the purposes of registration or the renewal of registration. s. 7 -- 10 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 8 (3) A Council may resolve that a class of dog or cat is exempted from any requirement to be implanted with a prescribed permanent identification device for the purposes of registration. (4) A Council may, in any resolution made under section 10C, exempt a class of dog or cat from any requirement to be implanted with a prescribed permanent identification device for the purposes of the renewal of registration. (5) A Council may resolve to amend or revoke any resolution made under this section. (6) If a Council makes a resolution under this section— (a) it must cause a copy of the resolution to be published in the Government Gazette and in a newspaper circulating in the municipal district of the Council; and (b) it must give effect to the resolution.". 8. Insertion of section 12A and substitution of section 13 For section 13 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "12A. Dogs and cats must be permanently identified before sale or being given away The proprietor of a domestic animal business must not sell, or give away, a dog or cat unless the dog or cat has been implanted with a prescribed permanent identification device. Penalty: 10 penalty units. s. 8 -- 11 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 9 13. Notification of sale by domestic animal business If the proprietor of a domestic animal business sells, or gives away, a dog or cat which is not registered, he or she must notify the Council with which the animal should be registered, within 7 days after the sale or the giving away of the animal, of— (a) the sale, or the giving away of the animal; and (b) a description of the animal; and (c) the name and address of the new owner of the animal; and (d) the unique number of the microchip contained in the prescribed permanent identification device implanted in the animal. Penalty: 3 penalty units.". 9. Application for registration or renewal of registration (1) For section 14(c) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(c) be accompanied by— (i) the relevant fee fixed by the Council; and (ii) if relevant, evidence in a form required by the Council that the dog or cat is desexed.". s. 9 -- 12 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 10 (2) In section 14(c) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) in sub-paragraph (ii), for "desexed." substitute "desexed; and"; (b) after sub-paragraph (ii) insert— "(iii) if relevant, evidence in a form required by the Council that the dog or cat is implanted with a prescribed permanent identification device.". 10. Registration fees (1) For section 15(4) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(4) A scheme of registration fees in respect of dogs or cats must apply the following principles— (a) the maximum fee is to be payable in respect of a class of dog described in Column 1 of Part 1 of the Schedule or a class of cat described in Column 1 of Part 2 of the Schedule; (b) the reduced fee is to be payable in respect of a class of dog described in Column 2 of Part 1 of the Schedule or a class of cat described in Column 2 of Part 2 of the Schedule; (c) in the case of a dangerous dog (that is not of a class of dangerous dog referred to in paragraph (d)), a menacing dog or a restricted breed dog, the fee payable must be no less than the amount of the maximum fee for a dog under paragraph (a); s. 10 -- 13 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 11 (d) the fee payable in respect of a dangerous dog in any of the following classes is to be the same amount as the maximum fee for a dog under paragraph (a)— (i) a dangerous dog that is kept as a guard dog for non-residential premises; or (ii) a dangerous dog that has undergone protection training in accordance with any relevant Code of Practice made under section 59.". (2) For section 15(7) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(7) Sub-section (6) does not apply to a dangerous dog, a menacing dog or a restricted breed dog.". 11. Substitution of section 16 For section 16 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "16. Registration of dogs and cats other than dangerous or restricted breed dogs A Council must register or renew the registration of a dog or cat (other than a dangerous dog or a restricted breed dog) that is required to be registered under this Act if— (a) the application for registration or renewal of the registration is accompanied by the appropriate fee and otherwise complies with this Act and the regulations; and s. 11 -- 14 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 12 (b) any pre-condition for registration or the renewal of registration imposed by or under this Act in respect of the cat or dog has been met.". 12. Registration of dangerous and restricted breed dogs (1) Insert the following heading to section 17 of the Domestic (Feral and Nuisance) Animals Act 1994— "Registration of dangerous and restricted breed dogs". (2) In section 17(1) of the Domestic (Feral and Nuisance) Animals Act 1994 omit "or a restricted breed dog". (3) After section 17(1) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(1A) A Council must not register a restricted breed dog unless the Council is satisfied— (a) that the dog was in Victoria immediately before the commencement of section 12 of the Primary Industries Acts (Further Amendment) Act 2005; and (b) that the owner reasonably held the opinion, at that commencement, that the dog was not a restricted breed dog. (1B) A Council may renew the registration of a restricted breed dog. (1C) A Council may impose conditions on the registration or the renewal of the registration of a dog under sub-section (1A) or (1B).". s. 12 -- 15 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 13 (4) In section 17(2) of the Domestic (Feral and Nuisance) Animals Act 1994, after "proposes" insert "to exercise a discretion". 13. Cats found at large In section 25(1) of the Domestic (Feral and Nuisance) Animals Act 1994, after "municipal district" insert "or a specified part of a municipal district". 14. Insertion of section 33A After section 33 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "33A. Council animal shelters and pounds must accept surrendered animals (1) A Council of a municipal district must accept any dog or cat kept in that municipal district which is given to the Council by the owner of the animal because the owner is no longer willing or able to care for that animal. (2) On the Council taking possession of a dog or cat under sub-section (1)— (a) ownership in the dog or cat passes from the owner to the Council; and (b) the Council must deal with the dog or cat in accordance with this Act, the regulations and any relevant Code of Practice made under section 59.". s. 13 -- 16 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 14 15. Insertion of section 41EA Before section 41F of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "41EA. Prohibition on keeping a restricted breed dog A person must not keep a restricted breed dog unless the person acquired the dog before the commencement of section 15 of the Primary Industries Acts (Further Amendment) Act 2005. Penalty: 10 penalty units.". 16. Repeal of Division heading The heading to Division 3A of Part 4 of the Domestic (Feral and Nuisance) Animals Act 1994 is repealed. 17. Substitution of section 58 For section 58 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "58. Revocation or suspension of registration of animal shelter or pound by Minister (1) This section applies to premises— (a) on which a Council is conducting an animal shelter or pound; or (b) from which any person or body provides animal shelter or pound services to a Council under an agreement with that Council under section 81. s. 15 -- 17 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 15 (2) The Minister may at any time suspend or revoke the registration of the premises if the Minister is satisfied that— (a) the Council or the person or body (as the case may be) has failed to comply with this Act, the regulations, any Code of Practice made under section 59 applying to the business, or any terms, conditions, limitations or restrictions on the registration; or (b) the Council or the person or body (as the case may be) has been found guilty of an offence under the Prevention of Cruelty to Animals Act 1986.". 18. Insertion of heading to Division 3A of Part 4 Insert the following heading after section 58 of the Domestic (Feral and Nuisance) Animals Act 1994— "Division 3A—Registration of Business Conducted by Council". 19. Substitution of section 63A For section 63A of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "63A. Non-compliance with Code of Practice an offence (1) A person or body must not conduct a domestic animal business that does not comply with the relevant Code of Practice made under section 59. Penalty: 10 penalty units. s. 18 -- 18 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 16 (2) A Council is deemed to have contravened sub-section (1), and is separately liable for the penalty that applies to such a contravention, if— (a) a person or body conducts all or part of a domestic animal business on behalf of the Council under an agreement under section 81; and (b) the person or body has contravened sub-section (1) in the conduct of that business; and (c) the Council, or any member of its staff who was responsible at the relevant time for overseeing the agreement or the conduct of the business, was aware, or ought to have been aware, that the contravention— (i) was about to occur; or (ii) in the case of an ongoing contravention, was occurring. (3) If a body, being a partnership or an unincorporated body, contravenes sub- section (1), each reference to the body in this section is to be construed as a reference to each member of the partnership, or of the committee of management of the unincorporated body (as the case may be).". s. 19 -- 19 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 17 20. Insertion of Part 5A After Part 5 of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "PART 5A—DOMESTIC ANIMAL MANAGEMENT PLANS 68A. Councils to prepare domestic animal management plans (1) Every Council must, in consultation with the Secretary, prepare at 3 year intervals a domestic animal management plan. (2) A domestic animal management plan prepared by a Council must— (a) set out a method for evaluating whether the animal control services provided by the Council in its municipal district are adequate to give effect to the requirements of this Act and the regulations; and (b) outline programs for the training of authorised officers to ensure that they can properly administer and enforce the requirements of this Act in the Council's municipal district; and (c) outline programs, services and strategies which the Council intends to pursue in its municipal district— (i) to promote and encourage the responsible ownership of dogs and cats; and (ii) to ensure that people comply with this Act, the regulations and any related legislation; and s. 20 -- 20 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 18 (iii) to minimise the risk of attacks by dogs on people and animals; and (iv) to address any over-population and high euthanasia rates for dogs and cats; and (v) to encourage the registration and identification of dogs and cats; and (vi) to minimise the potential for dogs and cats to create a nuisance; and (vii) to effectively identify all dangerous dogs, menacing dogs and restricted breed dogs in that district and to ensure that those dogs are kept in compliance with this Act and the regulations; and (d) provide for the review of existing orders made under this Act and local laws that relate to the Council's municipal district with a view to determining whether further orders or local laws dealing with the management of dogs and cats in the municipal district are desirable; and (e) provide for the review of any other matters related to the management of dogs and cats in the Council's municipal district that it thinks necessary; and (f) provide for the periodic evaluation of any program, service, strategy or review outlined under the plan. s. 20 -- 21 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 19 (3) Every Council must— (a) review its domestic animal management plan annually and, if appropriate, amend the plan; and (b) provide the Secretary with a copy of the plan and any amendments to the plan; and (c) publish an evaluation of its implementation of the plan in its annual report.". 21. Seizure of dogs and cats (1) For sections 77(1)(a) and 77(1)(b) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(a) if the owner of the dog has not applied to register the dog within 1 month after— (i) being found guilty of an offence of not having applied to register the dog; or (ii) being served with an infringement notice in respect of that offence which has not been withdrawn in accordance with section 87 and in respect of which the owner has paid the penalty in accordance with section 89; or (b) if— (i) the dog is a dangerous dog or a restricted breed dog that may be registered, or have its registration renewed, under this Act, the Council has made a decision to refuse to register or renew the registration of the dog and any review of that decision has failed or the owner has not applied for a review of that decision within the time fixed under section 98(2A); or s. 21 -- 22 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 20 (ii) the dog is a restricted breed dog that cannot be registered under this Act; or". (2) For section 77(2) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(2) An authorised officer of a Council may seize a cat which is in the municipal district of that Council if the owner of the cat has not applied to register the cat within one month after— (a) being found guilty of an offence of not having applied to register the cat; or (b) being served with an infringement notice in respect of that offence which has not been withdrawn in accordance with section 87 and in respect of which the owner has paid the penalty in accordance with section 89.". (3) After section 77(2) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(2A) An authorised officer of a Council may seize an unregistered dog or cat that is in the municipal district of the Council if the Council is unable, under this Act, to register or renew the registration of the dog or the cat.". (4) For section 77(3A) of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "(3A) A cat may be seized by an authorised officer or any other person if— (a) it is found outside the owner's premises without current identification that has been issued by a Council; and (b) it appears to be over 3 months old.". s. 21 -- 23 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 21 (5) After section 79(2) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(3) A person may recover a dog or cat that has been seized under section 77(2A) if, within 8 days after the seizure of the animal, he or she— (a) in the case of an animal that does not comply with a requirement to be desexed for the purposes of registration or the renewal of registration, arranges for the animal to be desexed while the animal is in the possession of the Council; and (b) applies to register the animal; and (c) pays the amount fixed by the Council for the costs and expenses incurred by the Council in seizing the animal and holding the animal until its recovery; and (d) proves to the satisfaction of the Council that he or she is the owner of the animal or is an agent acting on behalf of that owner.". (6) After section 79(3)(a) of the Domestic (Feral and Nuisance) Animals Act 1994 insert— "(aa) in the case of an animal that does not comply with a requirement to be implanted with a prescribed permanent identification device for the purposes of registration or the renewal of registration, arranges for the animal to be so implanted while the animal is in the possession of the Council; and". Note: This sub-section comes into operation on a later date than the date that all the other provisions in this section come into operation. s. 21 -- 24 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 22 (7) In section 80(1) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) after "77(2)," insert "77(2A),"; (b) in paragraph (a), for "section 79(1)" substitute "section 79"; (c) in paragraph (b), for "may destroy it" substitute "must destroy it as soon as possible after the expiry of that 8 day period"; (d) in paragraph (c), for "may sell or destroy it" substitute "must sell or destroy it as soon as possible after the expiry of that 8 day period in accordance with any relevant Code of Practice made under section 59". 22. New offences prescribed for infringement notices (1) In section 85(1) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) after "section 10," insert "12A,"; (b) after "41E," insert "41EA,". (2) In section 85(1A) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) after "section 10," insert "12A,"; (b) after "41E" insert ", 41EA". 23. New penalty for giving false information For the penalty at the foot of section 97 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute— "Penalty: 10 penalty units, in the case of information relating to a declaration under section 10(3); 5 penalty units, in any other case.". s. 22 -- 25 of 38 -- Part 2—Amendments to the Domestic (Feral and Nuisance) Animals Act 1994 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 23 24. Regulations In section 100(2A) of the Domestic (Feral and Nuisance) Animals Act 1994— (a) in paragraph (b), for "then." substitute "then; or"; (b) after paragraph (b) insert— "(c) as amended from time to time.". 25. Amendments to Schedule In the Schedule to the Domestic (Feral and Nuisance) Animals Act 1994— (a) for "DOGS" substitute— " Section 15(4) REGISTRATION FEES PART 1—DOGS"; (b) in Column 1, after "dogs" insert "(other than dangerous dogs, menacing dogs or restricted breed dogs)"; (c) before "CATS" insert "PART 2—". __________________ s. 24 -- 26 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 24 PART 3—AMENDMENTS TO THE PREVENTION OF CRUELTY TO ANIMALS ACT 1986 26. Definition In section 3(1) of the Prevention of Cruelty to Animals Act 1986 insert the following definition— ' "person in charge of" in relation to an animal or thing, includes— (a) a person who has the animal or thing in the person's possession or custody, or under the person's care, control or supervision; and (b) any employee or agent of the owner of the animal or thing if a person referred to in paragraph (a) is bound to comply with the directions of that employee or agent in respect of the animal or thing;'. 27. Amendments to cruelty offences In section 9(1) of the Prevention of Cruelty to Animals Act 1986— (a) for paragraph (b) substitute— "(b) loads, crowds or confines an animal where the loading, crowding or confinement of the animal causes, or is likely to cause, unreasonable pain or suffering to the animal; or"; (b) for paragraph (c) substitute— "(c) does or omits to do an act with the result that unreasonable pain or suffering is caused, or is likely to be caused, to an animal; or"; See: Act No. 46/1986. Reprint No. 6 as at 5 August 2004 and amending Act Nos 69/2004 , 108/2004 and 50/2005 LawToday: www.dms. dpc.vic. gov.au s. 26 -- 27 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 25 (c) for paragraph (e) substitute— "(e) works, rides, drives or uses an animal when it is unfit for the purpose with the result that unreasonable pain or suffering is caused to an animal; or"; (d) for paragraph (f) substitute— "(f) is the owner or the person in charge of an animal which is confined or otherwise unable to provide for itself and fails to provide the animal with proper and sufficient food, drink or shelter; or"; (e) for paragraph (i) substitute— "(i) is the owner or the person in charge of a sick or injured animal and unreasonably fails to provide veterinary or other appropriate attention or treatment for the animal; or". 28. Serious offences In section 12(2)(a)(i) of the Prevention of Cruelty to Animals Act 1986, for "a person on behalf of the owner" substitute "the person in charge". 29. Permits to operate rodeos or rodeo schools (1) For section 16(2) of the Prevention of Cruelty to Animals Act 1986 substitute— "(2) A permit issued by the Department Head— (a) must be in the prescribed form for that type of permit; and (b) is subject to the prescribed conditions for that type of permit; and (c) is subject to any conditions imposed by the Department Head in the permit; and s. 28 -- 28 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 26 (d) in the case of a permit to operate a rodeo school, remains in force for a period specified in the permit of not more than 12 months.". (2) In section 16(3) of the Prevention of Cruelty to Animals Act 1986— (a) after paragraph (aa) insert— "(ab) the application is not lodged at least 28 days before the day that the rodeo or rodeo school to which the permit relates is to be held; or"; (b) for paragraph (b) substitute— "(b) the applicant has been convicted of— (i) an offence against section 9 or 10; or (ii) any other offence under this Act or the regulations in connection with the operation of a rodeo or a rodeo school; or"; (c) in paragraph (c), after "permit" insert "or any condition imposed by the Department Head". (3) After section 16(3) of the Prevention of Cruelty to Animals Act 1986 insert— "(3A) The Department Head may impose any condition in the permit.". (4) In section 16(5) of the Prevention of Cruelty to Animals Act 1986, for "prescribed conditions for that type of permit" substitute "conditions applying to the permit". s. 29 -- 29 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 27 30. References to owner or person in charge In sections 21(1)(bb)(ii), 21(2A) and 21(2B) of the Prevention of Cruelty to Animals Act 1986, for "who has possession or custody" substitute "in charge". 31. Taking of samples of animals and things (1) For section 21(2D) of the Prevention of Cruelty to Animals Act 1986 substitute— "(2D) If an inspector proposes to take a sample from an animal or a thing, the inspector must— (a) advise the owner or person in charge of the animal or thing, if possible before taking the sample— (i) that the sample is to be taken for the purpose of examination or analysis; and (ii) that the owner or person in charge of the animal or thing, subject to sub-section (2E), has a right to be given a part of the sample in accordance with paragraph (b) if the owner or person so requests; and (b) if the sample is taken for the purpose of analysis and the owner or person in charge of the animal or thing requests to be given a part of the sample, divide the sample into 3 parts and give one part to the owner or person in charge, one part to the analyst and keep one part untouched for future comparison. s. 30 -- 30 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 28 (2E) Despite sub-section (2D)(b), a sample taken from an animal for analysis must not be divided up into parts if the inspector has been advised by a veterinary practitioner or a pathologist that division of the sample is not practicable or will adversely affect the analysis.". (2) In section 21(3) of the Prevention of Cruelty to Animals Act 1986— (a) in the definition of "ruminant", for "cud." substitute "cud;"; (b) insert the following definition— ' "sample", in relation to a dead animal, may include the whole of the carcass of the animal.'. 32. Additional search warrant power In section 21A(3) of the Prevention of Cruelty to Animals Act 1986— (a) in paragraph (e), for "premises." substitute "premises; and"; (b) after paragraph (e) insert— "(f) to take photographs (including video recordings) or make sketches of any such animal or other thing on the premises; and (g) in the case of an abandoned animal, to search for and to seize any such animal specified in the warrant and to take that animal to any place that the inspector thinks appropriate; and s. 32 -- 31 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 29 (h) to retain possession of that animal— (i) until the animal is recovered by its owner or the person in charge of the animal; or (ii) if the animal is not recovered before any relevant time limit specified in section 21CA(2) expires, until the animal is sold, destroyed or given away in accordance with section 21CA.". 33. Insertion of sections 21CA and 21CB After section 21C of the Prevention of Cruelty to Animals Act 1986 insert— '21CA. Disposal of seized abandoned animal (1) An inspector who has seized an animal under section 21A(3)(g) may, if the circumstances in sub-section (2) apply— (a) sell or destroy the animal, or cause it to be sold or destroyed, in accordance with section 21CB; or (b) give the animal to a domestic animal business operating from a premises which is registered for the purposes of that business under the Domestic (Feral and Nuisance) Animals Act 1994. (2) For the purposes of sub-section (1), the circumstances are— (a) if the identity of the owner or the person in charge of the animal is known, the owner or person— s. 33 -- 32 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 30 (i) has been served personally with a notice in writing that states that the animal may be recovered within 7 days after service of the notice; and (ii) has not recovered the animal within 7 days after the notice was served; or (b) if that identity is not known— (i) reasonable steps to identify the owner or person in charge of the animal have been taken and the owner or that person has not been located within 7 days after the animal was seized; and (ii) a notice in the form set out in paragraph (a) has been served in writing by leaving the notice or sending the notice by post to the premises from which the animal was seized; and (iii) no person entitled to possession of the animal has recovered the animal within 7 days after the notice was served. (3) Ownership in any animal given to a domestic animal business under sub-section (1)(b) passes to that business when the business takes possession of the animal. s. 33 -- 33 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 31 21CB. Certain sale and destruction provisions to apply to animals seized under section 21A Sections 24B, 24C and 24D apply in relation to an animal seized under section 21A— (a) as if a reference in those sections to an animal seized in accordance with an authority given under section 24A or to an animal seized under section 24A were a reference to an animal seized under a search warrant issued under section 21A; and (b) as if a reference in those sections to a "specialist inspector" were a reference to an "inspector".'. 34. Substitution of section 24A For section 24A of the Prevention of Cruelty to Animals Act 1986 substitute— "24A. Minister may authorise seizure of animals (1) If the Minister believes on reasonable grounds that an animal or animals are in such a condition, or, in such circumstances, that the animal or animals are likely to become distressed or disabled, the Minister may— (a) serve a notice in writing by giving it personally to the owner of the animal or animals; or (b) if the identity of the owner cannot be readily established or the owner cannot be readily contacted, serve a notice in writing by giving it personally to the person in charge of the animal or animals; or s. 34 -- 34 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 32 (c) serve a notice in writing by leaving a notice or sending a notice by post to the last known residential or business address of the owner or the person in charge of the animal or animals. (1A) A notice served under sub-section (1) must state that, unless the Minister is satisfied that action has been or is being taken to remove the likelihood of the animal or animals becoming distressed or disabled, the Minister intends, not less than 7 days after the serving of the notice, to authorise a specialist inspector to seize and dispose of the animal or animals in accordance with this Division. (2) If, at the expiration of 7 days from the serving of the notice referred to in sub- section (1), the Minister is not satisfied that action has been, or is being, taken to remove the likelihood of the animal or animals becoming distressed or disabled, the Minister may authorise a specialist inspector named in the authority to seize the animal or animals and— (a) to sell the animal or animals or to cause them to be sold; or (b) to destroy the animal or animals or to cause them to be destroyed at a place specified in the authority.". s. 34 -- 35 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 33 35. Substitution of section 24H For section 24H of the Prevention of Cruelty to Animals Act 1986 substitute— "24H. Retention, return and disposal of seized animal (1) If an inspector seizes an animal under a warrant under section 24E, the inspector must take reasonable steps to return the animal to the owner or the person in charge of the animal within the time specified in the warrant, or if that time is extended under section 24I, the time as extended. (2) If the identity of the owner or the person in charge of the animal cannot be readily established, or the owner or person cannot be readily contacted, the inspector may— (a) sell or destroy the animal, or cause it to be sold or destroyed, in accordance with section 24IA; or (b) give the animal to a domestic animal business operating from a premises which is registered for the purposes of that business under the Domestic (Feral and Nuisance) Animals Act 1994. (3) Ownership in any animal given to a domestic animal business under sub-section (2)(b) passes to that business when the business takes possession of the animal.". s. 35 -- 36 of 38 -- Part 3—Amendments to the Prevention of Cruelty to Animals Act 1986 Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 34 36. Insertion of new section 24IA After section 24I of the Prevention of Cruelty to Animals Act 1986 insert— '24IA. Certain sale and destruction provisions to apply to animals seized under section 24E Sections 24B, 24C and 24D apply in relation to an animal seized under a warrant under section 24E— (a) as if a reference in those sections to an animal seized in accordance with an authority given under section 24A or to an animal seized under section 24A were a reference to an animal seized under a warrant issued under section 24E; and (b) as if a reference in those sections to a "specialist inspector" were a reference to an "inspector".'. 37. Notice to comply In section 24J(1)(b) of the Prevention of Cruelty to Animals Act 1986, for "who has possession or custody" substitute "in charge". ═══════════════ s. 36 -- 37 of 38 -- Primary Industries Acts (Further Amendment) Act 2005 Act No. 76/2005 35 ENDNOTES † Minister's second reading speech— Legislative Assembly: 8 September 2005 Legislative Council: 19 October 2005 The long title for the Bill for this Act was "to amend the Domestic (Feral and Nuisance) Animals Act 1994 and the Prevention of Cruelty to Animals Act 1986 and for other purposes." Endnotes -- 38 of 38 --