Section 43 — (Repealed) — Companion Animals Act 1998 (New South Wales) — Barrister AI

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Section 43 — (Repealed) — Companion Animals Act 1998 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3(Repealed)s 3APrincipal object of Act s 4Policy regarding animal welfare s 5Definitions s 6Meaning of “local authority”s 6AGeneral duties of councils s 6BDuty to provide certain information to councils s 7Meaning of “owner”s 8Identification required from 12 weeks of age and before sale s 9Registration required from age 6 months s 10Regulations may require registration s 10A(Repealed)s 10BNotice requiring companion animal to be registered s 11Owner required to notify certain changes and events s 11ADuties of councils in relation to companion animals killed by traffic s 11BAnnual permit required for cats that are not desexed s 11CAnnual permit required for dangerous dogs s 11DAnnual permit required for restricted dogs s 11ENotice requiring permit for companion animal s 11FExemptions for animals in custody of rehoming organisations s 11GFurther exemptions s 11HContinuing offences s 11IApplication for permit s 11JIssuing of permit s 11KConditions of permit s 11LTerm of permit s 11MSale of animal subject to permit s 11NRegulations—permits s 12Dog to wear collar and tag s 12APreventing dog from escaping s 13Responsibilities while dog in public place s 14Dogs prohibited in some public places s 14ADogs not prohibited in outdoor dining areas in certain circumstances s 15Certain breeds of dogs to be muzzled s 16Offences where dog attacks person or animal s 17Dog must not be encouraged to attack s 18Dog that has attacked or bitten may be secured or seized s 19(Repealed)s 20Dogs defecating in public place s 21, 21A(Renumbered as secs 32A, 32B)s 22Action to protect persons and property against dogs s 23Disqualification from owning or being in charge of dog s 24Appeal against disqualification from owning or being in charge of dog s 25Liability for injury to person or damage to personal property s 26Continuation of liability when person dies from dog attack s 27Liability for injury to animal s 28Contributory negligence s 29Cats must have form of identification s 30Cats prohibited in some public places s 31Nuisance cats s 31AProcedure for issuing nuisance cat order s 32Action to protect persons and animals against cats s 32ANuisance dogs s 32BProcedure for issuing nuisance dog order s 33Meaning of “dangerous”s 33AMeaning of “menacing” and “menacing breed or kind of dog”s 34Authorised officer may declare dog to be dangerous dog or menacing dog s 35Owner to be notified of proposed declaration s 36Obligations of owner when notified of proposed declaration s 37Authorised officer must consider dog owner’s objections s 38Authorised officer to notify dog owner of decision and consequences s 39Council can revoke declaration s 40Departmental Chief Executive to be notified of making or revocation of declaration s 41Appeal to Local Court regarding dangerous dog declarations s 42Determination of appeals by Local Court s 43(Repealed)s 44Local Court has power to declare dog to be dangerous or menacing dog s 45When Local Court can declare dog to be dangerous or menacing dog s 46Revocation of Local Court declaration s 47Control orders s 48Destruction orders s 49Failure to comply with destruction or control order s 50Ancillary orders to enable destruction order to be carried out s 51Owner of dangerous or menacing dog must comply with control requirements s 52Dangerous or menacing dog may be seized if control requirements not complied with s 52AProhibition on selling dangerous or menacing dog or proposed dangerous or menacing dog s 52BProhibition on accepting ownership of dangerous or menacing dog or proposed dangerous or menacing dog s 53Inconsistency with agreements s 54Civil liability of owner of dangerous or menacing dog s 55Interpretation s 56Owner of restricted dog must comply with control requirements s 57Restricted dog may be seized if control requirements not complied with s 57AProhibition on selling restricted dog or proposed restricted dog s 57BProhibition on accepting ownership of restricted dog or proposed restricted dog s 57CProhibition on breeding restricted dog or proposed restricted dog s 57DDeclared restricted dogs may be seized and destroyed after transition period s 58Civil liability of owner of restricted dog s 58ANotice of intention to declare dog to be restricted dog s 58BObligations of owner when notified of proposed restricted dog declaration s 58CAuthorised officer may declare dog to be restricted dog s 58DAuthorised officer to notify dog owner of decision and consequences s 58DADepartmental Chief Executive to be notified of making or revocation of declaration s 58EProtection from liability of assessors s 58FPersons authorised to provide certain information to councils s 58GPower to seize and destroy dangerous, menacing or restricted dog in certain circumstances s 58HCertificate of compliance required for dangerous and restricted dog enclosures s 58IMiscellaneous provisions relating to declarations s 59Person with a disability entitled to be accompanied by assistance animal s 60Assistance animal not to be denied entry s 61Unlawful to impose charge for entry of assistance animal s 62AInterpretation s 62Seized animals must be delivered to owner, council pound or approved premises s 63Owner of seized or surrendered animal to be notified s 63ASeized animals detained at approved premises s 64Unclaimed seized or surrendered animal may be sold or destroyed s 64AAnimals surrendered by owners may be sold or destroyed s 64BRehoming seized or surrendered animals s 65Fees and charges payable when animal detained or held s 66Owner not entitled to compensation for sale of animal s 67Recovery of fees and charges when animal destroyed s 67AReporting on pound activities s 68Offence of rescuing seized animal s 69Protection of council and council officers s 69APowers of authorised officers to enter property s 69BPowers of authorised officers to do things on entered property s 69CUse of assistants and reasonable force s 69DSearch warrants s 69EPower to ascertain identification information of companion animals s 69FIdentification of authorised officers of councils s 69GRequirement to state name and address s 69HObstructing authorised officer s 70Identification s 71Registration s 72Certificate of registration s 73-7573–75 (Repealed)s 76Interfering with identification of animal s 77(Repealed)s 78Definitions s 79The Register s 80Information on the Register s 81Access to Register to be provided free of charge s 82Limited access by owners of companion animals s 83Limited access by members of public s 83AUnrestricted access by Minister s 83BGeneral access by Secretary and persons authorised by that Secretary s 83CGeneral access by certain employees of local authorities s 83DLimited access by contractors approved by local councils s 83ELimited access by veterinary practitioners or their employees s 83FDepartmental Chief Executive may approve other persons to access the Register s 83GRegulations can authorise general or limited access by other specified officers and persons s 83HRegulations—access to Register s 83IDepartmental Chief Executive may issue guidelines about access to Register s 83JAgreements about Register s 83KExchange of information with other Australian jurisdictions s 83LCertificates relating to Register s 83LAApplications for numbers s 83MAllocation of breeder identification numbers s 83NAllocation of rehoming organisation numbers s 83OCancellation or suspension of numbers s 83PNotice of refusal, suspension or cancellation of numbers s 83QHolders of numbers to notify of certain events s 84Establishment of Fund s 85Payments from the Fund s 86Investment of money in Fund s 86AEar-marking or tattooing of animals s 87Act binds Crown s 88Delegation by Departmental Chief Executive s 88AAdvisory committees s 88BDesignation of organisations as rehoming organisations s 89Confidentiality of certain information s 90, 91(Repealed)s 92Penalty notices s 93Proceedings for offences s 94Double jeopardy s 95Fees and charges s 95AHow notice is to be given to owners s 96Regulations s 97Review of Act s 98Savings and transitional provisions s 99(Repealed)s 1Regulations s 2Definition s 3Special provision for dogs registered under the Dog Act s 4Disqualification from owning dog s 5Dangerous dog declaration s 6Continuation of repealed provisions s 7Council-declared dangerous or restricted dogs s 8Meaning of “amending Act”s 9Permit requirement does not apply to cats registered before requirement imposed s 10Permit requirements extend to dogs declared dangerous before requirement imposed s 11Permit requirements extend to dogs declared restricted before requirement imposed s 12Certain organisations taken to be approved rehoming organisations s 13Cancellation of existing breeder identification numbers

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43

(Repealed)

Repealed

43 (Repealed)

This Act’s bill:Explanatory memorandum Second reading speech

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