Dog and Cat Management Regulations 2017

These regulations may be cited as the

Dog and Cat Management

Regulations 2017.

Subject to this regulation, these regulations come into operation on 1 July 2017.

Regulation 10 will come into operation on the day that section 42A of the Act (as enacted by the Dog and Cat Management (Miscellaneous) Amendment Act

2016) comes into operation.

Regulation 12 will come into operation on the day that section 42E of the Act (as enacted by the Dog and Cat Management (Miscellaneous) Amendment Act

2016) comes into operation.

Regulation 18 will come into operation on the day that section 70 of the Act (as enacted by the Dog and Cat Management (Miscellaneous) Amendment Act

2016) comes into operation.

In these regulations, unless the contrary intention appears—

Act means the Dog and Cat Management

Act 1995;

notice of extension—see regulation 14(3);

registered breeder means a person registered as a breeder under Part 7 of the Act;

registry means a service provided by a person or body consisting of a database (whether electronic or otherwise)—

on which information relating to the identity of the owner of a dog or cat is able to be stored; and

from which that information is able to be extracted or otherwise accessed by members of the public.

For the purposes of the definition of identified cat in section 4 of the Act, a cat is to be identified—

by being microchipped in accordance with section 42A of the Act;

or

by being identified in the manner referred to in section 42C(2) of the Act.

For the purposes of paragraph (c) of the definition of

unidentified cat in section 4 of the Act, a cat is to be identified—

by being microchipped in accordance with section 42A of the Act;

or

by being identified in the manner referred to in section 42C(2) of the Act.

For the purposes of section 21A(7) of the Act, the following persons or bodies are prescribed accreditation bodies:

Assistance Dogs Australia;

Righteous Pups Australia Inc;

Vision Australia;

Guide Dogs WA;

Guide Dogs Queensland;

Guide Dogs NSW/ACT;

Guide Dogs Victoria;

Guide Dogs Tasmania;

any other person or body prescribed by the Board for the purposes of this regulation.

For the purposes of section 26(5) of the Act, the percentage of dog registration fees received by a council that must be paid into the Fund by the council is—

in the case of a prescribed council—

before 1 July 2018—20%;

on or after 1 July 2018—24%; or

in any other case—

before 1 July 2018—10%;

on or after 1 July 2018—12%.

The Board must pay to a council the following percentage of dog registration fees received directly by the Board in respect of dogs registered in the area of the council:

in the case of a prescribed council—

before 1 July 2018—80%;

on or after 1 July 2018—76%;

in any other case—

before 1 July 2018—90%;

on or after 1 July 2018—88%.

A payment to a council under subregulation (2)—

is to be made from the Fund; and

is to be applied by the council for the purposes of furthering the objects of the Act.

In this regulation—

prescribed council means—

Adelaide City Council;

City of Burnside;

Campbelltown City Council;

City of Charles Sturt;

Town of Gawler;

City of Holdfast Bay;

City of Marion;

City of Mitcham;

City of Norwood Payneham & St Peters;

City of Onkaparinga;

City of Playford;

City of Port Adelaide Enfield;

City of Prospect;

City of Salisbury;

City of Tea Tree Gully;

City of Unley;

Town of Walkerville;

City of West Torrens.

For the purposes of section 33(5)(b)(iii) of the Act, the following persons and bodies are specified:

each animal welfare organisation;

a prescribed accreditation body under section 21A of the

Act;

the holder of a licence under Part 4 of the

Animal Welfare

Act 1985;

a registered veterinary surgeon acting in that capacity.

For the purposes of section 37(2)(c) of the Act, the following circumstances are specified:

the number of dogs kept on a property at which the registered business is carried on exceeds the maximum number of such dogs specified in the application for registration of the business under section 35 of the

Act;

a dog trained or bred at the relevant kennel, or used in connection with the relevant business, is involved in an attack on a person or animal.

The owner of a dog must ensure that, at all times while the dog is not effectively confined to premises of which the owner is the occupier, the dog wears a collar around its neck—

in the case of a dog that is individually registered—to which the registration disc last issued for the dog is attached;

or

in the case of a dog usually kept at a kennel or used in connection with a business registered under the Act—which has marked on it, or on which a disc or tag is attached, the name and telephone number of the owner or operator of the business or other mark identifying the business as approved by the council of the area in which the business is registered. Maximum penalty: $5 000. Expiation fee: $170.

Subregulation (1) does not apply in relation to a dog—

that is not required to be registered under the Act;

or

if the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog; or

while the dog is under the effective control of a person by command, the dog being in close proximity to the person and—

being used in the droving or tending of stock or going to or returning from a place where it will be, or has been, so used; or

being trained for, or participating in, an organised activity being a race, trial, class or show or in retrieving, hunting or other sporting exercise customarily involving the running of 1 or more dogs.

For the purposes of section 42A(1) of the Act, a dog or cat is to be microchipped in accordance with the following requirements:

the dog or cat must be microchipped before it is sold;

without limiting paragraph (a), the dog or cat must in any event be microchipped—

before it reaches 12 weeks of age; or

within 28 days after the owner takes possession of the dog or cat;

or

if the owner of a dog or cat is granted an extension of time under regulation 14—before the day specified in the notice of extension by which the dog or cat must be microchipped, whichever is the later;

the microchip—

must conform to AS 5018-2001

Electronic Animal Identification—National Coding Scheme or AS 5018-2001 Electronic Animal

Identification—Radiofrequency Methods; and

must record a unique identification number assigned to the microchip;

the microchip must be implanted by—

a registered veterinary surgeon; or

a person working under the direction or supervision of a registered veterinary surgeon; or

a person who holds a qualification, or who has undertaken training, approved by the Board for the purposes of this paragraph; or

a person authorised by the Board to implant microchips for the purposes of the Act;

the microchip must be permanently implanted.

Pursuant to section 42A(5)(d) of the Act, a person or body, or dog or cat, of a class declared by the Board by notice in the Gazette to be exempt from the operation of section 42A of the Act is so exempt.

An owner of a dog or cat who is granted an extension of time under regulation 14 in respect of the operation of section

42A is exempt from the operation of that section during the period of the extension.

For the purposes of section 21B(3) of the Act, a person who microchips a dog or cat must provide to the Board such information as the Board may, by notice in the Gazette, require in relation to the microchipping.

Information required under subregulation (4) must be provided in the manner and form, and within the period, specified in the notice under that subregulation.

The owner of a dog or cat that is microchipped must, in a manner and form determined by the Board, notify the Board within 14 days of any change to the owner's name, residential address and telephone number. Maximum penalty: $2 500. Expiation fee: $170.

The owner of a dog or cat that is microchipped must, in a manner and form determined by the Board, provide the identification number of the microchip implanted in the dog or cat to the Registrar for the area in which the dog or cat is (or is to be) usually kept. Maximum penalty: $2 500. Expiation fee: $170.

For the purposes of section 42A of the Act, a dog or cat that is microchipped in another State or Territory, in accordance with the law of that

State or Territory, will be taken to have been microchipped in accordance with the requirements set out in this regulation if the microchip—

conforms to AS 5018-2001 Electronic

Animal Identification—National Coding Scheme or

AS 5018-2001 Electronic Animal

Identification—Radiofrequency Methods; and

records a unique identification number assigned to the microchip.

For the purposes of section 42C(1) of the Act, dogs or cats being trained for, or participating in, an organised activity being a race, trial, class or show or in retrieving, hunting or other sporting exercise customarily involving the running of 1 or more dogs or cats are declared to be excluded from the operation of that section.

For the purposes of section 42E of the Act, a dog or cat is to be desexed in accordance with the following requirements:

the dog or cat must be desexed—

before it is 6 months of age; or

within 28 days after the owner takes possession of the dog or cat;

or

if the owner of a dog or cat is granted an extension of time under regulation 14—before the day specified in the notice of extension by which the dog or cat must be desexed, whichever is the later;

the dog or cat must be desexed by a registered veterinary surgeon.

Pursuant to section 42E(4)(d) of the Act, but subject to subregulation (3), the following persons and bodies, and dogs and cats, are exempt from the operation of section 42E of the

Act:

a greyhound that is registered with the controlling body in accordance with the rules of Greyhound Racing SA (not being a greyhound that has been retired from racing);

a person who is a full member of Dogs SA (however, the exemption does not apply to or in relation to a cat owned by the person);

a person who is a financial member of, and registered breeder with, the Feline Association of South Australia Inc (however, the exemption does not apply to or in relation to a dog owned by the person);

a member of the governing council of the Cat Fancy of South

Australia Inc (however, the exemption does not apply to or in relation to a dog owned by the person);

a person or body, or dog or cat, of a class declared by the Board by notice in the Gazette to be exempt from the operation of section 42E of the

Act.

The Board may, by notice in the Gazette or by notice in writing given to the owner of a dog or cat that is exempt under subregulation (2), impose conditions on an exemption under that subregulation.

If a person contravenes or fails to comply with a condition of an exemption, the exemption does not, while the contravention or non-compliance continues, operate in that person's favour.

The Board may vary or revoke a condition of an exemption.

An owner of a dog or cat who is granted an extension of time under regulation 14 in respect of the operation of section

42E is exempt from the operation of that section during the period of the extension.

For the purposes of section 42E of the Act, a dog or cat that is desexed in another State or Territory, in accordance with the law of that State or Territory, will be taken to have been desexed in accordance with the requirements set out in this regulation.

For the purposes of section 21B(3) of the Act, a person who desexes a dog or cat must provide to the Board such information as the Board may, by notice in the Gazette, require in relation to the desexing.

Information required under subregulation (8) must be provided in the manner and form, and within the period, specified in the notice under that subregulation.