Regulation-making power

In force

(1)

The Executive may make regulations for this Act.

(2)

A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 20 penalty units for offences against a regulation.

Dictionary (see s 3)

Note

The Legislation Act contains definitions relevant to this Act. For

example:

 ACAT

 contravene

 director‑general (see s 163)

 entity

 fail

 found guilty

 function

 maximum penalty

 may (see s 146)

 Minister (see s 162)

 must (see s 146)

 person (see s 160)

 police officer

 reviewable decision notice

 the Territory

 veterinary practitioner.

accompanied by an assistance animal, for division 5.4 (Using an assistance animal)—see section 106B.

accredited assistance animal, for part 5 (Assistance animals)—see section 94.

animal nuisance, for part 6 (Animal nuisance)—see section 107.

animal welfare law, for division 9.3 (Cooperation with other jurisdictions—racing greyhounds)—see section 134AA.

animal welfare offence means an offence against any of the following provisions of the Animal Welfare Act 1992:

(a)

section 6B (Duty to care for animal);

(b)

section 7 (Cruelty);

(c)

section 7A (Aggravated cruelty);

(d)

section 9 (Confined animals);

(e)

section 9A (Keeping laying fowls for commercial egg production—appropriate accommodation);

(f)

section 9B (Keeping pigs—appropriate accommodation);

(g)

section 9C (Removing or trimming beak of fowl);

(h)

section 10 (Alleviation of pain);

(i)

section 11 (Release);

(j)

section 12 (Administering poison);

(k)

section 12A (Laying poison);

(l)

section 13 (Electrical devices);

(m)

section 14 (Use or possession of a prohibited item);

(n)

section 15 (Transport and containment);

(o)

section 15A (Transport of dogs);

(p)

section 15B (Intensive breeding of cats or dogs);

(q)

section 16 (Working etc unfit animal);

(r)

section 17 (Matches, competitions etc);

(s)

section 19 (Medical and surgical procedures—people other than veterinary practitioners).

approved animal welfare entity means an entity approved by the registrar under section 137.

approved provider, for division 4.2 (Seizing cats and dealing with them)—see section 85.

assistance animal—see the Discrimination Act 1991, section 5AA (3).

assistance animal assessor, for part 5 (Assistance animals)—see section 94.

assistance animal standard, for part 5 (Assistance animals)—see section 94.

assistance animal trainer, for part 5 (Assistance animals)—see section 94.

authorised person means an authorised person under section 123, and includes the registrar and a deputy registrar.

breed, a litter from a cat or dog, includes—

(a)

inseminate the animal or do any other act intended to make the animal pregnant or assist the animal in becoming pregnant; and

(b)

assist the birth of the litter; and

(c)

whelp or wean a kitten or pup in the litter.

breeding licence—see section 72A.

carer, for an animal at a particular time, means an individual over 14 years old who is in charge of the animal at that time.

connected with an offence, for division 9.2 (Powers of authorised people)—see section 126.

control order, for a dog—see section 53CA.

dangerous dog means a dog that is declared to be a dangerous dog under section 22 (1) or (2) (Declarations—dangerous dogs) or section 50 (Dog attacks person or animal causing serious injury).

dangerous dog licence means a licence under section 25 (1) (Dangerous dog licences—approval or refusal).

deputy registrar means a deputy registrar under section 122.

de-sex, for part 3 (Dogs and cats)—see section 73.

disability—see the Discrimination Act 1991, section 5AA.

effective control—see section 44 (6).

enter, for division 9.2 (Powers of authorised people)—see section 126.

excluded offence means—

(a)

a minor offence; or

(b)

an offence against any of the following sections:

(i)

section 37 (Return of special licences);

(ii)

s 84AO (Breach of cat containment requirements);

(iii)

section 106E (Assistance animal allowed in public places and premises);

(iv)

section 142 (Dishonoured etc credit card transactions).

gaming law—see the Gambling and Racing Control Act 1999, dictionary.

greyhound racing—see section 39A.

harass—

(a)

a person—see section 49 (1) (Harassment of people and animals by dogs); and

(b)

an animal—see section 49 (2).

impound, a seized animal, means—

(a)

keep the animal on Territory premises; or

(b)

arrange for the animal to be kept on the premises of an approved animal welfare entity.

incorporated document means an instrument applied, adopted or incorporated by a code of practice or another statutory instrument made or approved under this Act.

infringement notice penalty, for an infringement notice offence under the Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005—see the Magistrates Court Act 1930, section 117.

keeper means—

(a)

for a registered dog—the registered keeper of the dog; or

(b)

for a registered cat—the registered keeper of the cat; or

(c)

for another animal—the owner of the animal.

minor offence means an offence against this Act punishable by a maximum penalty of 5 penalty units or less.

multiple cat licence means a licence under section 84C (1) (Multiple cat licences—approval or refusal).

multiple dog licence means a licence under section 20 (1) (Multiple dog licences—approval or refusal).

muzzle means a device that, if worn by a dog, prevents the dog from biting a person or animal.

nuisance notice, for part 6 (Animal nuisance)—see section 107.

occupier, of premises, includes a person who is, or is reasonably believed to be, in charge of the premises.

offence, for division 9.2 (Powers of authorised people)—see section 126.

permit, for part 3 (Dogs and cats)—see section 73.

premises includes land (whether vacant or occupied), an aircraft, a vessel and a vehicle.

prohibited area means an area declared by the Minister under section 41 (1).

public place—

(a)

means public unleased land; and

(b)

includes a public passenger vehicle under the Road Transport (Public Passenger Services) Act 2001.

Note

A public passenger vehicle is a public bus, light rail vehicle, taxi, rideshare vehicle, hire car or demand responsive service vehicle.

public premises, for division 5.4 (Using an assistance animal)—see section 106B.

public unleased land—see the Public Unleased Land Act 2013, section 8.

racing greyhound—see section 39A.

racing greyhound controller licence—see section 39H.

reasonably believes means has reasonable grounds for believing.

recognised breeding organisation means an organisation declared as a recognised breeding organisation under section 72J.

register means the register kept by the registrar under section 5.

registered keeper—

(a)

of a dog—means the person stated in the register as the keeper of the dog; or

(b)

of a cat—means the person stated in the register as the keeper of the cat.

registered racing greyhound means a racing greyhound registered under section 39C.

registrar means the registrar under section 121.

registration certificate means a registration certificate issued under section 11.

release a dog to a person includes permit the dog to be collected by the person.

residential premises means premises used exclusively or mainly for residential purposes, and includes a private room in, but not any other part of, a motel, hotel, hostel or guesthouse.

reviewable decision, for part 8 (Notification and review of decisions)—see section 118.

sell, a seized animal, includes give the animal to an approved animal welfare entity.

serious dog bite means a wound from a single dog bite that has at least 1 puncture deeper than half the length of the dog’s canine tooth, with or without bruising or lacerations around the wound.

serious injury, to a person or animal, means either of the following:

(a)

any injury (including the cumulative effect of more than 1 injury) that—

(i)

endangers, or is likely to endanger, the person or animal’s life; or

(ii)

is, or is likely to be, a significant or longstanding injury;

(b)

1 or more serious dog bites.

special licence, for division 2.4 (Special licences for dogs)—see section 29.

welfare, in relation to animals, for part 5 (Assistance animals)—see section 94.

Regulations

This provision refers to the regulations (may make regulations, a regulation). Made under this Act:

Domestic Animals Regulation 2001 · under s 148

This Act’s bill:Explanatory statement Second reading speech

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148 Regulation-making power