Domestic Animals Regulation 2001

A statutory instrument under this regulation may apply, adopt or incorporate an instrument as in force from time to time.

Note 1 The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2 A reference to an instrument includes a reference to a provision of an instrument (see Legislation Act, s 14 (2)).

Schedule 1 Reviewable decisions

(see s 23 and s 23A)

column 1

item

column 2

section

column 3

decision

column 4

entity

1

Act, 7 (1) (b)

refuse to register dog

applicant for registration

2

Act, 12

refuse to record dog’s new owner as registered keeper under s 7 (1) (b)

applicant for registration

3

Act, 13 (2)

cancel registration of dog

keeper of dog

4

Act, 20 (1) (b)

refuse to issue multiple dog licence

applicant for licence

5

Act, 21 (1)

issue multiple dog licence on conditions

applicant for licence

6

Act, 22 (1) or (2)

declare dog to be dangerous dog

keeper of dog

7

Act, 25 (1) (a)

approve issue of dangerous dog licence

person who, or whose animal, has been attacked or harassed by dog

8

Act, 25 (1) (b)

refuse to issue dangerous dog licence

applicant for licence

9

Act, 26 (1)

issue dangerous dog licence on conditions

applicant for licence

10

Act, 33

vary or refuse to vary special licence

licensee whose licence varied or applicant for variation

11

Act, 36 (1)

cancel special licence

entity whose licence cancelled

12

Act, 39C (2) (b)

refuse to register racing greyhound

applicant for registration

13

Act, 39I (1) (b)

refuse to issue racing greyhound controller licence

applicant for licence

14

Act, 39J (1)

issue racing greyhound controller licence on conditions

applicant for licence

15

Act, 43

refuse to issue permit to take dog into prohibited area

applicant for permit

16

Act, 43

issue permit to take dog into prohibited area on conditions

applicant for permit

17

Act, 53B (2)

destroy dog

keeper of dog

18

Act, 53B (6)

issue control order

keeper of dog

19

Act, 53C (2)

destroy dog

keeper of dog

20

Act, 53C (4)

issue control order

keeper of dog

21

Act, 62 (2) (c)

refuse to release dog because premises where dog will be kept are not secure enough to prevent dog escaping

person claiming release of dog

22

Act, 63 (2) (c)

refuse to release dog because premises where dog will be kept are secure not enough to prevent dog escaping

person claiming release of dog

23

Act, 67A (2)

sell seized dog

keeper of dog

24

Act, 68A (2)

destroy dog

keeper of dog

25

Act, 70 (4)

impose conditions on return of dog

keeper of dog

26

Act, 72B (1) (b)

refuse to issue breeding licence

applicant for licence

27

Act, 72E (1)

impose condition on breeding licence

licensee

28

Act, 72F (1)

refuse to vary breeding licence

licensee

29

Act, 72F (2)

vary breeding licence on registrar’s initiative

licensee

30

Act, 72G (1)

cancel a breeding licence

person whose licence cancelled

31

Act, 76 (1)

refuse to issue permit to keep cat or dog that is not desexed

applicant for permit

32

Act, 77

revoke a permit if satisfied that dog or cat is no longer dog or cat to which s 76 (2) applies

applicant for permit

33

Act, 84AB (1) (b)

refuse to register cat

applicant for registration

34

Act, 84AI

refuse to record cat’s new owner as registered keeper under s 84AB (1) (b)

applicant for registration

35

Act, 84AJ (2)

cancel registration of cat

keeper of cat

36

Act, 84C (1) (b)

refuse to issue multiple cat licence

applicant for licence

37

Act, 84D (1)

issue multiple cat licence on conditions

applicant for licence

38

Act, 92 (4)

impose conditions on return of seized cat

keeper of cat

39

Act, s 98

not register accredited assistance animal

applicant for registration

40

Act, s 100 (3) (b)

register assistance animal trainer on conditions

applicant for registration

41

Act, s 100 (3) (c)

refuse to register assistance animal trainer

applicant for registration

42

Act, s 101 (1)

suspend assistance animal trainer registration

assistance animal trainer

43

Act, s 102

cancel assistance animal trainer registration

assistance animal trainer

44

Act, s 104 (3) (b)

register assistance animal assessor on conditions

applicant for registration

45

Act, s 104 (3) (c)

refuse to register assistance animal assessor

applicant for registration

46

Act, s 105 (1)

suspend assistance animal trainer assessor

assistance animal assessor

47

Act, s 106

cancel assistance animal assessor registration

assistance animal assessor

48

Act, 112

issue nuisance notice

keeper of animal or occupier of place

49

Act, 113

refuse to revoke nuisance notice

person given notice

50

Act, 114 (1)

seize animal

keeper of animal

51

Act, 114 (4)

refuse to return animal

keeper of animal

52

13

refuse to authorise person as identifier of domestic animals

applicant for authorisation

53

14

withdraw authorisation as identifier of domestic animals

entity that has authorisation revoked

54

19

prohibit entity operating domestic animals registry service

licensed operator

Dictionary

(see s 2)

Note 1 The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:

 home address

 penalty unit (see s 133)

 person (see s 160)

 veterinary practitioner.

Note 3 Terms used in this regulation have the same meaning that they have in the Domestic Animals Act 2000 (see Legislation Act, s 148). For example, the following terms are defined in the Domestic Animals Act 2000, dict:

 animal welfare offence

 carer

 control order

 dangerous dog

 dangerous dog licence

 de-sex

 effective control

 excluded offence

 incorporated document

 keeper

 multiple dog licence

 public place

 racing greyhound

 racing greyhound controller licence

 registered keeper

 registered racing greyhound

 registrar.

authorised identifier means a person who is authorised under section 13 as an identifier of domestic animals.

corresponding law means any of the following:

Companion Animals Act 1998 (NSW);

Companion Animals Regulation 2008 (NSW);

Domestic Animals Act 1994 (Vic);

Domestic Animals Regulations 2005 (Vic).

domestic animals registry service means a service of keeping records relating to domestic animals that, in relation to each animal about which records are kept—

contain identifying information about the animal and its owner; and

are referenced to the animal through information contained in an identifying microchip implanted in the animal.

identifying microchip—see section 10.

off-lead area means an area declared under the Act, section 40.

unique identification number—

for a microchip implanted in a dog—see section 7 (4) (b); and

for a microchip implanted in a cat—see section 9 (1) (b).