Download Animal Management (Cats and Dogs) Act 2008 PDF

TitleAnimal Management (Cats and Dogs) Act 2008
LanguageEnglish
File Size1.4 MB
Total Pages177
Table of Contents
                            Contents
	Chapter 1 Preliminary
		Part 1 Introduction
			1 Short title
			2 Commencement
		Part 2 Purposes and application of Act
			Division 1 Purposes
				3 Purposes of Act
				4 How purposes are to be primarily achieved
			Division 2 Application
				5 Act binds all persons
				6 Relationship with local laws
				7 Act does not affect other rights or remedies
		Part 3 Interpretation
			Division 1 Dictionary
				8 Definitions
			Division 2 Key definitions
				9 Who is an owner of a cat or dog
				10 Who is a responsible person for a dog
				11 What is a cat or dog
				12 Identification devices under Act
				12A When a person breeds a dog
	Chapter 2 Identification of cats and dogs
		Part 1 Prescribed permanent identification devices
			Division 1 Obligation on owner of cat or dog
				14 Owner must ensure cat or dog is implanted
				16 Notice of changed PPID information
			Division 3 Implanting PPIDs
				Subdivision 1 General restriction
				Subdivision 2 Requirements for authorised implanters
				Subdivision 3 Regulation of authorised implanters
			Division 4 Removing PPIDs
				34 PPID must not be removed or otherwise interfered with
			Division 5 PPID registry services
				35 Person must not offer or provide PPID registry service
				36 Licence holder’s obligations
			Division 6 Giving identifying information and PPID information
				37 Authorised implanter may give identifying information or PPID information to particular persons
				38 Licence holder may give identifying information or PPID information to particular persons
				39 Relevant local government may give identifying information to particular persons
			Division 7 Pound or shelter operators
				40 Operator must ensure cat or dog is scanned
				41 Protection of particular persons dealing with cat or dog
		Part 2 Desexing tattoos
			42 Desexed cat or dog must be tattooed
			43 Person must not tattoo an undesexed cat or dog
	Chapter 2A Registration of dog breeders and related matters
		Part 1 Preliminary
			43A Definitions for chapter
			43B Who is an accredited breeder
			43C What is an accreditation number
			43D Who is an ineligible person
		Part 2 Registration of dog breeders
			Division 1 Registration
				43E Registration obligation
				43F Applying for registration
				43G Registration of person as registered breeder
				43H Period of registration
				43I No transfer of registration
			Division 2 Renewal of registration
				43J Chief executive must give renewal notice
				43K Applying for renewal of registration
				43L Renewal of registration
				43M Period of renewal of registration
			Division 3 Amendment of registration
				43N Registered breeder must give chief executive changed information
				43O Chief executive must record changed information and give notice of change
			Division 4 Suspension or cancellation of registration
				43P Grounds for suspension or cancellation
				43Q Show cause notice
				43R Representations about show cause notice
				43S Ending show cause process without further action
				43T Suspension or cancellation
				43U Immediate suspension
		Part 3 Approved entities
			43V Definition for part
			43W Approved entity may be prescribed
	Chapter 2B Supply of cats and dogs
		Part 1 Preliminary
			43X What is a dog’s relevant supply number
		Part 2 Requirement for cat or dog to be implanted
			43Y Supplier must ensure cat or dog is implanted
		Part 3 Requirement for relevant supply number for dog
			43Z Supplier must know dog has relevant supply number
			43ZA Exceptions for supply of dog
			43ZB Advertiser must know dog has relevant supply number
			43ZC Advertisement must include relevant supply number
			43ZD Exceptions for advertising supply of dog
			43ZE Printer or publisher not liable in particular circumstances
		Part 4 Requirement to give particular details
			43ZF Supplier of dog must give particular details
		Part 5 Exemption numbers for supply of dogs
			Division 1 Preliminary
				43ZG Eligible person—primary producer
				43ZH Eligible person—prescribed person
				43ZI Eligible person—owner or responsible person
			Division 2 Applications for exemption numbers
				43ZJ Applying for exemption number
				43ZK Deciding application
				43ZL Failure to decide application
				43ZM Chief executive must issue exemption number
	Chapter 3 Dog registration
		Part 1 Particular person’s obligations
			44 Registration obligation
			45 Dog must bear identification in particular circumstances
		Part 2 How dog is registered
			46 What owner must do
			47 What registration form must state
			48 Chief executive officer may ask for further information
			49 Relevant local government must give registration notice
			50 Duration of registration
			51 Local government must keep registration form and information
			52 Registration fee must be fixed to give desexing incentive
			53 Registration fee to be used for achievement of Act’s purposes
		Part 3 Amendment of registration
			54 Amendment of registration
			55 Relevant local government must give notice of change
		Part 4 Renewal of registration
			56 Relevant local government must give renewal notice
			57 What owner must do
			58 Relevant local government’s obligations if owner complies
	Chapter 4 Regulated dogs
		Part 1 Preliminary
			Division 1 Purpose and application of chapter
				59 Purpose of ch 4 and its achievement
			Division 2 Interpretation
				60 What is a regulated dog
				61 What is a declared dangerous dog
				62 What is a declared menacing dog
				63 What is a restricted dog
				63A Provisions for deciding what is a breed of dog
				64 When a regulated dog is under effective control
		Part 2 General restrictions and prohibitions
			Division 1 Application of part
				65 Application of pt 2
			Division 2 General prohibitions
				66 Prohibition on supply of restricted dog
				67 Prohibition on supply of declared dangerous dog or menacing dog
				68 Abandonment prohibited
			Division 3 Restricted dogs and declared dangerous dogs only
				69 Prohibition on breeding
				70 Compulsory desexing of declared dangerous dog or restricted dog
			Division 4 Restricted dogs only
				71 Permit required for restricted dog
		Part 3 Restricted dog permits
			Division 1 Obtaining permit for restricted dog
				Subdivision 1 Permit applications
				Subdivision 2 Action after decision on application
			Division 2 Permit conditions
				80 Operation of div 2
				81 Obligation to comply with permit conditions under sch 1
			Division 3 Renewal of permit
				82 When permit may be renewed
				83 Requirements for renewal application
				84 Deciding renewal application
				85 Duration of renewed permit
			Division 4 Amendment of permits
				86 Application for change of place for permit
				87 Amendment by relevant local government
			Division 5 Miscellaneous
				88 No transfer of restricted dog permit
		Part 4 Regulated dog declarations
			89 Power to make declaration
			90 Notice of proposed declaration
			91 Proposed declaration notice does not limit other powers
			92 Withdrawing proposed declaration notice
			93 Owner’s obligation if proposed declaration notice in force
			94 Making declaration
			95 Notice and taking effect of declaration
		Part 5 Application of particular permit conditions for declared dangerous or menacing dogs
			96 Operation of pt 5
			97 Declared dangerous dogs
			98 Declared menacing dogs
		Part 6 Miscellaneous provisions
			99 Failure to decide application taken to be refusal
			100 Surrender of regulated dog
			101 Defence for regulated dog owner
			102 Recovery of seizure or destruction costs
			103 Cost of regulated dog enclosure—dividing fence
	Chapter 5 Investigation, monitoring and enforcement
		Part 1 Authorised persons
			104 Appointment and qualifications
			105 Appointment conditions and limit on powers
			106 Issue of identity card
			107 Production or display of identity card
			108 When authorised person ceases to hold office
			109 Resignation
			110 Return of identity card
		Part 2 Entry to places
			Division 1 Powers of entry
				111 General power to enter places
				112 Additional entry powers for particular dogs
				113 Approval of inspection program authorising entry
				114 Notice of proposed inspection program
				115 Access to program
			Division 2 Entry procedures
				Subdivision 1 Consent
				Subdivision 2 Warrants
				Subdivision 3 Entry under other powers other than for public places
		Part 3 Powers on entry
			123 General powers after entering places
			124 Power to require reasonable help
			125 Seizure powers for dogs
		Part 4 Seized dogs
			126 Application of pt 4
			127 Power to destroy seized regulated dog
			127A Concurrent regulated dog declaration and destruction order
			128 Receipt for dog in particular circumstances
			129 Access to seized dog
			130 Return of particular dog
			131 Return of particular dog to registered owner
		Part 5 Compliance notices for regulated dog offences
			132 Power to give compliance notice
			133 Requirements for giving notice
			134 Failure to comply with notice
		Part 6 Miscellaneous provisions
			135 References in ch 5 to local government and authorised person
			136 Impersonating authorised person
			137 Obstruction of authorised person
			138 Authorised person may ask police officer for help in exercising particular powers
			139 Power to require name and address
			140 Failure to comply with personal details requirement
			140A Power to require information
			140B Offence to contravene information requirement
			141 Authorised person to give notice of damage
			142 Compensation
	Chapter 6 PPID registry licences
		Part 1 How licence is obtained
			143 Application for licence
			144 What application must state
			145 Consideration of application
			146 Criteria for granting application
			147 Suitability of person to be licence holder
			148 Inquiries into application for licence
			149 Decision on application for licence
			150 Failure to decide application for licence
			151 Duration of licence
		Part 2 Provisions of licence
			152 Mandatory conditions for licences
			153 Licence holder must comply with licence conditions
			154 Form of licence
		Part 3 Renewal of licences
			155 Application for renewal of licence
			156 Inquiries into application for renewal of licence
			157 Licence taken to be in force while renewal application is considered
		Part 4 Amendment of licences
			158 Application for amendment of licence
			159 Inquiries into application for amendment
		Part 5 Suspension or cancellation of licences
			160 Chief executive may impose suspension or cancel
			161 Grounds for suspension or cancellation
			162 Show cause notice
			163 Representations about show cause notices
			164 Ending show cause process without further action
			165 Suspension or cancellation
			166 Immediate suspension
			167 Return of suspended or cancelled licence to chief executive
			168 Effect of suspension or cancellation of licence
		Part 6 Other provisions about licences
			169 Surrender of licence
			170 Application for replacement of licence
			171 Decision about application for replacement of licence
	Chapter 7 Registers
		Part 1 Registers kept by chief executive
			Division 1 Registers to be kept
				172 Chief executive must keep regulated dog register
				172A Chief executive must keep licence holder register
				172B Chief executive must keep breeder register
				172C Chief executive may decide way registers to be kept
			Division 2 Publication of particular information contained in registers
				172D Licence holder register
				172E Breeder register
			Division 3 Inspection of registers
				173 Who may inspect regulated dog register
				173A Who may inspect licence holder register
				173B Who may inspect breeder register
				173C Personal information on breeder register
				173D Requesting copy of information
			Division 4 Giving of information
				174 Chief executive officer must give information
				175 Chief executive officer must give information about owner
				176 Chief executive may ask for confirmation of particular information
		Part 2 Registers kept by local government
			177 Registers comprising dog registry
			178 General register
			179 Public access to registers
	Chapter 8 Reviews
		Part 1 Internal review of decisions
			180 Internal review process before external review
			181 Who may apply for internal review
			182 Requirements for making designated review application
			183 Requirements for making general review application
			184 Stay of operation of original decision
			185 Designated review decision
			185A Internal review of concurrent regulated dog declaration and destruction order
			186 Other internal review decisions
			187 Notice of designated decision or internal review decision
		Part 2 External reviews
			188 Who may apply for external review
			189 Condition on stay granted by QCAT for particular decisions
	Chapter 9 Miscellaneous provisions
		Part 1 General offences
			194 Relevant person must ensure dog does not attack or cause fear
			195 Prohibition on allowing or encouraging dog to attack or cause fear
			196 Defences for offence against s 194 or 195
		Part 2 Greyhounds
			197 Muzzling decommissioned greyhounds in public places
		Part 2A Destruction of particular dogs
			197A Destruction of particular dogs
		Part 3 Legal provisions
			Division 1 Evidence generally
				198 Evidentiary value of copies
				199 Evidentiary value of certificates
				199A Evidentiary aid—certificate by chief executive
			Division 2 Evidence for proceedings
				200 Application of div 2
				201 Appointments and authority
				203 Other evidentiary aids
			Division 3 Other provisions
				204 False or misleading information
		Part 4 Delegation of powers
			205 Delegation by chief executive
			206 Delegation by chief executive officer
		Part 5 Miscellaneous
			207 References to right to enter
			207A Chief executive (transport) must disclose information
			207B Sharing of information with particular persons
			207C Use of information by particular persons
			208 Payment of penalties for offences against particular provisions
			209 Approval of forms
			210 Regulation-making power
	Chapter 10 Transitional provisions
		Part 1 Transitional provisions for Act No. 74 of 2008
			211 Deferral for particular local governments
			212 Restricted dog registers
			213 Cats and dogs implanted before commencement
			214 Regulated dogs must be implanted with a PPID
			215 Desexed cat or dog at commencement need not be tattooed for desexing
			216 Cat or dog not registered at commencement
			217 Restricted dogs and convictions under repealed LGA chapter
			217A Corresponding law regulated dogs and corresponding convictions
			217B Local law dangerous dogs and corresponding convictions
			218 Permit applications
			219 Restricted dog register kept under Local Government Act 1993 continues
			220 Person given or entitled to be given information notice
			221 Registration of cat or dog continues
			221A References to address of place stated in registration notice for cat or dog
		Part 2 Transitional provision for Building and Other Legislation Amendment Act 2009
			222 Provision about offences under s 24
		Part 3 Transitional provision for Building and Other Legislation Amendment Act (No. 2) 2010
			223 Provision about s 63A
		Part 4 Transitional provisions for Agriculture and Forestry Legislation Amendment Act 2013
			Division 1 Preliminary
				224 Definitions for pt 4
				225 Interpretation for pt 4
			Division 2 Continuation of former chapter 3 for declared local governments
				226 Cat registration under former ch 3 continues for declared local government
			Division 3 Continuation of cat registration for local governments
				227 Registration form for registration of cat
				228 Registration fee paid to relevant local government under former s 53
		Part 5 Transitional provision for Animal Management (Protecting Puppies) and Other Legislation Amendment Act 2016
			229 Application of chs 2A, pt 2 and 2B, pt 3
	Schedule 1 Permit conditions and conditions applying to declared dangerous and menacing dogs
		1 Definitions for sch 1
		2 Identification
		3 Muzzling and effective control in place that is not relevant place
		4 Enclosure
		5 Public notice
		6 Place where relevant dog is usually kept
		7 Notice of other restricted dog permit for dog
		8 Notice of change of address
	Schedule 2 Dictionary
                        
Document Text Contents
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Queensland

Animal Management (Cats and
Dogs) Act 2008

Current as at 26 May 2017

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© State of Queensland 2019

This work is licensed under a Creative Commons Attribution 4.0 International License.

https://www.legislation.qld.gov.au/copyright

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[s 109]

Animal Management (Cats and Dogs) Act 2008
Chapter 5 Investigation, monitoring and enforcement
(3) In this section—

condition of office means a condition on which the authorised
person holds office.

109 Resignation

An authorised person may resign by signed notice given to the
chief executive officer of the local government that appointed
the person.

110 Return of identity card

A person who ceases to be an authorised person must return
the person’s identity card to the chief executive officer of the
local government that appointed the person within 21 days
after ceasing to be an authorised person unless the person has
a reasonable excuse.

Maximum penalty—10 penalty units.

Part 2 Entry to places

Division 1 Powers of entry

111 General power to enter places

(1) An authorised person may enter a place if—

(a) an occupier of the place consents to the entry; or

(b) it is a public place and the entry is made when it is open
to the public; or

(c) the entry is authorised by a warrant; or

(d) it is mentioned in a licence as a place of business and
is—
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[s 111]

Animal Management (Cats and Dogs) Act 2008
Chapter 5 Investigation, monitoring and enforcement
(i) open for carrying on the business; or

(ii) otherwise open for entry; or

(iii) required to be open for inspection under the
licence; or

(e) the entry is—

(i) to inspect the place to process an application for a
restricted dog permit; and

(ii) made other than at night; or

(f) the entry is—

(i) to find out whether the conditions on which a
restricted dog permit or notice was issued have
been or are being complied with; and

(ii) made other than at night; or

(g) the entry is—

(i) to inspect work carried out under a lawfully
imposed condition of a dangerous dog declaration,
menacing dog declaration, restricted dog permit or
compliance notice; and

(ii) made other than at night; or

(h) the entry is—

(i) under an approved inspection program; and

(ii) made at any reasonable time of the day or night.

(2) However, an authorised person may enter a place at night for a
purpose mentioned in subsection (1)(e), (f) or (g) if—

(a) the entry is at a time asked by the occupier; or

(b) the entry is in accordance with the times provided for in
a compliance notice under section 132(3)(a).

(3) For subsection (1)(d) to (h), a place does not include a part of
the place where a person resides.
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Schedule 2

Animal Management (Cats and Dogs) Act 2008
show cause period—

(a) for chapter 2, part 1, division 3, subdivision 3—see
section 29(2)(e); or

(b) for chapter 2A, part 2, division 4—see section
43Q(2)(e); or

(c) for chapter 6, part 5—see section 162(2)(e).

spent conviction means a conviction—

(a) for which the rehabilitation period under the Criminal
Law (Rehabilitation of Offenders) Act 1986 has expired
under that Act; and

(b) that is not revived as prescribed by section 11 of that
Act.

stock means alpacas, asses, buffaloes, camels, cattle, deer,
donkeys, goats, horses, llamas, mules, sheep or vicunas.

supply includes doing any of the following things if doing the
thing affects possession of a cat, dog or PPID, other than the
mere temporary custody of it—

(a) exchange, give or sell;

(b) offer or agree to supply;

(c) cause or permit a supply;

(d) possess for supply.

suspension—

(a) for chapter 2, part 1, division 3, subdivision 3—see
section 27(a); or

(b) for chapter 6, part 5—see section 160(a).

tattoo, a cat or dog for desexing, when used as a verb, means
to permanently mark the cat or dog in a way prescribed under
a regulation enabling the identification of the cat or dog as
desexed.
Example of a way that enables a cat or dog to be identified as desexed—

placing a permanent symbol in a cat’s or dog’s left ear
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Schedule 2

Animal Management (Cats and Dogs) Act 2008
veterinary surgeon means a person registered as a veterinary
surgeon under the Veterinary Surgeons Act 1936.

veterinary surgeon’s certificate, for a cat or dog, see section
43Y(5).

veterinary surgery means premises used or intended for use
by a veterinary surgeon in the practice of the veterinary
surgeon’s profession.

warrant means a warrant issued under chapter 5, part 2,
division 2, subdivision 2, and includes a duplicate warrant
mentioned in section 119(5).

working dog—

(a) means a dog usually kept or proposed to be kept—

(i) on rural land; and

(ii) by an owner who is a primary producer, or a person
engaged or employed by a primary producer; and

(iii) primarily for the purpose of—

(A) droving, protecting, tending, or working,
stock; or

(B) being trained in droving, protecting, tending,
or working, stock; and

(b) does not include a class of dog prescribed under a
regulation.
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