Breach of cat containment requirements
84AO Breach of cat containment requirements
A cat’s keeper or carer commits an offence if—
the cat is in an area for which a declaration under section 84AN (a declared containment area) is in force; and
the cat is not confined to the premises of the keeper or carer.
Maximum penalty: 10 penalty units.
A cat’s keeper or carer commits an offence if—
the cat is in an area other than a declared containment area; and
the cat is not confined to the premises of the keeper or carer.
Maximum penalty: 10 penalty units.
An offence against subsection (1) or (2) is a strict liability offence.
Subsections (1) and (2) do not apply—
if the keeper or carer has a reasonable excuse; or
if the cat is effectively controlled by the keeper or carer using a leash and harness.
Also, subsection (2) does not apply—
if the cat is registered under this division before 1 July 2022; or
if a document shows that the cat was born before 1 July 2022; or
to an entity exempted under section 84AP; or
if another exception prescribed by regulation applies.
Examples—par (b)
1 veterinary record
2 written opinion from a veterinary practitioner about the cat’s age
3 document about the purchase or transfer of the cat
4 record about the cat’s microchipping
The defendant has an evidential burden in relation to the matters mentioned in ss (4) and (5) (see Criminal Code, s 58).
In this section:
premises means a completely or partly enclosed space from which a cat cannot escape, and includes the following:
a building or part of a building;
a vehicle;
a cat cage;
a backyard or courtyard.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
- Domestic Animals Regulation 2001 · under s 148
This Act’s bill:Explanatory statementSecond reading speech
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