Companion Animals Regulation 2018

This Regulation is the Companion Animals Regulation 2018.

This Regulation commences on 31 August 2018 (except as provided by subclause (2)) and is required to be published on the NSW legislation website.

Part 4 commences on 1 July 2019.

Note.

This Regulation repeals and replaces the Companion Animals Regulation 2008, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.

In this Regulation—

authorised identifier means—

a veterinary practitioner (other than a veterinary practitioner whose authority to identify companion animals has been withdrawn under clause 11), or

a person who is, for the time being, accredited under Part 2 as an authorised identifier of companion animals.

microchip means a subcutaneous full duplex electronic radio transponder implanted for the purposes of this Regulation.

recognised breeder, in relation to a species of companion animal, means a person who is a member of a recognised breeders’ organisation (within the meaning of Part 9 of the Act) for the species of companion animal.

registration agent means—

a council, or

a person appointed under clause 13 (2).

the Act means the Companion Animals Act 1998.

Note.

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Notes included in this Regulation do not form part of this Regulation.

For the purposes of this Regulation, the following categories of identified companion animals are specified—

category 1 companion animals, being companion animals that are required to be identified for the purposes of section 8 of the Act,

category 2 companion animals, being companion animals identified on a voluntary basis by the implantation of a microchip on or after 1 October 2001,

category 3 companion animals, being companion animals identified on a voluntary basis by the implantation of a recognised microchip before 1 October 2001,

category 4 companion animals, being companion animals identified by the implantation of a recognised microchip while in a place other than New South Wales.

A category 3 or category 4 companion animal is taken to be identified for the purposes of section 8 of the Act.

A reference in this clause to a companion animal identified on a voluntary basis is a reference to an identified companion animal that is not required to be identified for the purposes of section 8 of the Act.

In this clause—

recognised microchip means a microchip that, in the opinion of the Departmental Chief Executive—

has been implanted in the companion animal concerned in accordance with the procedure set out in clause 5 (2), and

has a unique identification number, and

functions properly.

A category 1 or category 2 companion animal is to be identified by the implantation of a microchip of a type or specification approved by the Departmental Chief Executive by order published in the Gazette.

The implantation is to be subcutaneous in the dorsum between the scapulae in such a way that the microchip lies at an oblique angle to the plane of the skin. The microchip must function properly.

Different types or specifications of microchip may be approved from time to time.

The Departmental Chief Executive may, by order published in the Gazette, withdraw the approval of a type or specification of microchip.

A microchip implanted before the publication of an order withdrawing the approval of that type or specification of microchip remains a microchip of an approved type or specification despite the withdrawal.

A person must not implant a microchip in a category 1 or category 2 companion animal unless the person—

is an authorised identifier, or

does so under the supervision of an authorised identifier who is a veterinary practitioner.

Maximum penalty—15 penalty units.

A person must not advertise or otherwise represent that the person is authorised to identify category 1 or category 2 companion animals unless the person is an authorised identifier.

Maximum penalty—8 penalty units.

The following procedures are to be followed by an authorised identifier when identifying a category 1 or category 2 companion animal for the purposes of clause 5—

immediately before the microchip is implanted in the animal—

the animal must be scanned to ensure that it does not already have a functioning microchip properly implanted, and

the microchip must be scanned to ensure that it is functioning properly and to check that its scanned number is the unique identification number shown on the applicable supporting documentation,

immediately after implantation, the animal must be scanned to confirm proper implantation and functioning of the microchip,

any guidelines issued by the Departmental Chief Executive under this clause that apply to the authorised identifier must be complied with.

The Departmental Chief Executive may—

issue guidelines applying to authorised identifiers with respect to the procedures to be followed when identifying category 1 or category 2 companion animals, and

issue guidelines applying to authorised identifiers and councils with respect to the procedures to be followed by authorised identifiers when entering identification information on the Register for the purposes of section 70 (3) of the Act.

An authorised identifier or council must comply with any guidelines issued by the Departmental Chief Executive under this clause that apply to the authorised identifier or council.

The following information is the identification information for companion animals for the purposes of the Act—

the unique identification number of the microchip implanted in the animal,

in the case of a category 1 or category 2 companion animal, the name of the authorised identifier who carried out, or supervised, the implantation of the microchip and, if the authorised identifier is accredited, his or her accreditation number,

the date on which the animal was identified,

the full name and telephone number of the owner of the animal,

the address of the place at which the animal is ordinarily kept,

the name of the council of the area in which the animal is ordinarily kept,

the type of animal (dog or cat), and the breed of the animal,

the animal’s date of birth (known or approximate),

the animal’s sex,

the animal’s colour and details of any unusual or identifying marks on the animal,

the unique identification number of the microchip implanted in the female parent of the companion animal (if known to the owner of the companion animal).

The Departmental Chief Executive may, by notice in writing given to any person, authorise the person to accredit other persons as authorised identifiers of companion animals. In this clause, such a person is referred to as an authorised person.

An authorised person must not accredit another person as an authorised identifier of companion animals unless the authorised person is satisfied, after making reasonable enquiries, that the other person—

is qualified and competent to be an authorised identifier, and

will comply with the requirements of this Regulation with respect to the identification of companion animals.

The Departmental Chief Executive may withdraw the authorisation of an authorised person if satisfied that the authorised person has failed to make reasonable enquiries before accrediting a person as an authorised identifier of companion animals.

Before withdrawing a person’s authorisation under subclause (3), the Departmental Chief Executive must—

notify the authorised person of the proposed withdrawal of the authorisation, and

give the authorised person a reasonable opportunity to make submissions to the Departmental Chief Executive in respect of the proposed withdrawal, and

have due regard to any such submissions.

The Departmental Chief Executive must cause an authorised person whose authorisation is withdrawn to be notified of the withdrawal in writing. Withdrawal of an authorisation takes effect on the date on which the notice is given to the person whose authorisation is to be withdrawn or from a later date as specified in the notice.

A person who is dissatisfied with the failure or refusal of an authorised person to accredit the person as an authorised identifier of companion animals may make a written application for that accreditation to the Departmental Chief Executive.

The Departmental Chief Executive must, after consultation with the authorised person who failed or refused to accredit the applicant as an authorised identifier of companion animals, grant or refuse the application.

The applicant is to be given written notice of the grant or refusal of the application within 28 days after the application is made.

The Departmental Chief Executive may withdraw the accreditation of a person as an authorised identifier of companion animals if the Departmental Chief Executive is satisfied that—

the person is not qualified or competent to be an authorised identifier, or

the person has been negligent or incompetent in connection with the exercise of the person’s functions as an authorised identifier, or

the person has failed to comply with a requirement imposed by or under the Act with respect to the identification of companion animals, or

it is otherwise appropriate to do so.

The accreditation of a person is withdrawn when the Departmental Chief Executive gives the person notice in writing that accreditation has been withdrawn.

The Departmental Chief Executive may withdraw a veterinary practitioner’s authority to identify companion animals for the purposes of the Act by notice in writing served on the veterinary practitioner concerned.

A notice under this clause is not to be served unless the Departmental Chief Executive is satisfied that the veterinary practitioner—

has been negligent or incompetent in connection with the exercise of the veterinary practitioner’s functions as an authorised identifier, or

has failed to comply with a requirement by or under the Act with respect to the identification of companion animals.

A notice under this clause takes effect on and from the date the notice is served or any later date that is specified in the notice.

The Departmental Chief Executive may, at any time, reinstate a veterinary practitioner’s authority to identify companion animals for the purposes of the Act by notice in writing to the veterinary practitioner concerned.

A companion animal is exempt from section 8 of the Act if it is exempt from the requirement to be registered under section 9 of the Act.

Note.

Section 9 (4) of the Act exempts certain greyhounds from the registration requirement. See also clauses 17 and 23, which exempt certain companion animals from that requirement.

A companion animal is exempt from section 8 of the Act if a veterinary practitioner certified in writing, before the animal was 12 weeks of age, that identification of the animal as required by that section would constitute a serious health risk to the animal.