Domestic Animals Act 2000

This Act is the Domestic Animals Act 2000.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain words and expressions, and includes references (signpost definitions) to other words and expressions defined elsewhere in this Act.

For example, the signpost definition ‘permit, for part 3 (Dogs and Cats)—see section 73.’ means the expression ‘permit’ is defined in section 73 and applies to part 3.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

 s 10A (Dog registration—compliance with renewal reminder notice)

 s 12 (Dog registration—change of owner)

 s 14 (Offence—keeping unregistered dogs etc)

 s 16 (Dog registration—change of registration details)

 s 18 (Requirement to be licensed if multiple dogs)

 s 21 (5) (Multiple dog licences—conditions)

 s 23 (Licensing of keepers of dangerous dogs)

 s 27 (Dangerous dogs in public places)

 s 28 (Signs on premises about dangerous dogs)

 s 39D (Offence—unregistered racing greyhound)

 s 39G (Day-to-day control of racing greyhounds—requirement to be licensed)

 s 41 (Prohibited areas)

 s 42 (Prohibited places)

 s 44 (Dogs in public places must be controlled)

 s 45 (Dogs on private premises to be restrained)

 s 46 (Disposal of faeces)

 s 47 (Female dogs on heat)

 s 49A (Dog attacks or harasses person or animal)

 s 50 (Dog attacks person or animal causing serious injury)

 s 50A (Dangerous dog attacks or harasses person or animal)

 s 50B (Obligations of keeper or carer if dog attacks)

 s 51A (Provoking dog to attack)

 s 53CB (Control orders—carers)

 s 53E (Offence—failure to comply with control order)

 s 56A (6) (Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs)

 s 60 (6) (Impounding of dogs seized)

 s 72 (Offence—breeding dogs or cats without licence)

 s 72I (Offence—licensee change of address)

 s 72K (Offence—breeding, selling and advertising requirements)

 s 72M (Offence—reporting on breeding of greyhounds)

 s 74 (Dogs and cats to be de-sexed if over certain age)

 s 74A (Sale of older dogs and cats not de-sexed)

 s 79 (Production of permits)

 s 84 (Identification of dogs and cats—requirement)

 s 84AF (Cat registration—compliance with renewal reminder notice)

 s 84AI (Cat registration—change of owner)

 s 84AK (Offence—keeping unregistered cats etc)

 s 84AL (Cat registration—change of registration details)

 s 84AO (Breach of cat containment requirements)

 s 84A (Multiple cat licences—requirement to be licensed)

 s 98 (Registration of accredited assistance animals)

 s 103 (Unregistered assistance animal trainers)

 s 106A (Unregistered assistance animal assessor)

 s 106E (Assistance animal allowed in public places and premises)

 s 106F (Falsely claiming animal is assistance animal)

 s 112 (7) (Issue of nuisance notices)

 s 134A (2) (Inspection of animals)

 s 142 (Dishonoured etc credit card transactions).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

For this Act, the registrar in considering whether a person has failed, or is unable, to exercise responsible dog or cat management, care or control—

must consider—

any conviction or finding of guilt of the person within the last 10 years against a law of a Territory or State for an offence relating to the welfare, keeping or control of an animal; and

any non-compliance with—

a special licence held by the person; or

a control order issued to the person; and

may consider any other relevant matter.

The registrar must set up and keep a register for this Act.

The registrar may keep the register in a form the registrar considers suitable.

Part 2 Dogs

Division 2.1 Registration of dogs

An individual who is an owner of a dog may apply to the registrar for registration of the dog.

Note 1 If the person who owns the dog is under 16 years old, the parent or guardian living with the person is taken to be the dog’s owner (see s 136).

Note 2 A racing greyhound must also be registered as a racing greyhound under div 2.4A.

An application must include the information prescribed by regulation.

If an application for registration has been made in accordance with section 6, the registrar must, by written notice to the applicant—

register the dog; or

refuse to register the dog.

For subsection (1) (b), the registrar—

must refuse to register the dog if the applicant is disqualified from keeping a dog or any other animal; or

Note Section 138A deals with the disqualification of a person from keeping an animal.

may refuse to register the dog if—

the dog is not implanted with an identifying microchip as required under this Act; or

the dog is not de-sexed as required under this Act; or

the registrar reasonably believes that the applicant has failed, or is unable, to exercise responsible dog management, care or control.

If the registrar registers a dog, the registrar must record in the register the information prescribed by regulation.

The registration of a dog remains in force for 12 months unless it is sooner surrendered, cancelled or renewed.

The registrar must give the registered keeper of a dog a written notice (a reminder notice) at least 14 days before the day the dog’s registration ends.

The reminder notice must state—

the date on which the dog’s registration ends; and

that the registered keeper is required to confirm or update information about the dog’s registration that is recorded, or that is required to be recorded, on the register; and

either—

the information about the dog’s registration required to be confirmed or updated; or

how the keeper of the dog may electronically access information on the register about the dog’s registration; and

how the keeper may comply with the notice; and

that it is an offence for the keeper to fail to comply with the notice before the dog’s registration ends; and

any other information prescribed by regulation.

A registered keeper of a dog commits an offence if the keeper—

is given a reminder notice in accordance with section 10; and

fails to comply with the reminder notice.

Maximum penalty: 10 penalty units.

Note It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

An offence against this section is a strict liability offence.