1Purpose

The purpose of this Act is to promote animal welfare, the responsible ownership of dogs and cats and the protection of the environment by providing for—

(a)

a scheme to protect the community and the environment from feral and nuisance dogs and cats; and

(b)

a registration and identification scheme for dogs and cats which recognises and promotes responsible ownership; and

S. 1(c) substituted by No. 65/2007 s. 4(a).

(c)

the identification and control of dangerous dogs, menacing dogs and restricted breed dogs; and

(d)

a registration scheme for domestic animal businesses which promotes the maintenance of standards of those businesses; and

S. 1(da) inserted by No. 69/2017 s. 4.

(da)

the regulation of matters relating to the breeding and sale of dogs and cats; and

S. 1(db) inserted by No. 69/2017 s. 4.

(db)

the registration of foster carers for certain purposes; and

S. 1(dc) inserted by No. 42/2025 s. 5.

(dc)

the authorisation of pet rehoming organisations; and

(e)

matters related to the boarding of dogs and cats; and

S. 1(ea) inserted by No. 65/2007 s. 4(b).

(ea)

the regulation of the permanent identification of dogs, cats, horses and other animals; and

S. 1(f) amended by No. 74/2000 s. 3(Sch. 1 item 36.1).

(f)

payments to the Treasurer from fees received by Councils under this Act; and

(g)

other related matters.

2Commencement

(1)

Section 1 and this section come into operation on the day on which this Act receives the Royal Assent.

(2)

Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3)

If a provision referred to in subsection (2) does not come into operation within the period of 24 months beginning on, and including, the day on which this Act receives the Royal Assent, it comes into operation on the first day after the end of that period.

4Parent or guardian deemed to be owner

S. 4 amended by Nos 87/2000 s. 5, 29/2012 s. 10.

Where the owner of a dog or cat is under the age of 18 years, for the purposes of this Act, the parent or guardian of that person is deemed to be the owner.

5Governor in Council exemptions

S. 5 amended by No. 87/2000 s. 6 (ILA s. 39B(1)).

S. 5(1) amended by No. 3/2022 s. 11(2).

(1)

The Governor in Council may by order published in the Government Gazette exempt—

(a)

any animal or class of animal; or

S. 5(1)(ab) inserted by No. 3/2022 s. 11(1).

(ab)

any person or class of person; or

(b)

any domestic animal business or class of domestic animal business—

from the operation of all or any of the provisions of this Act or the regulations.

S. 5(2) inserted by No. 87/2000 s. 6.

(2)

The Governor in Council may impose conditions on an exemption that the Governor in Council considers to be appropriate in the circumstances.

S. 5(3) inserted by No. 3/2022 s. 11(3).

(3)

An order under this section may apply, adopt or incorporate any matter contained in any document, standard, code of practice, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(a)

wholly or partially or as amended by the order; or

(b)

as formulated, issued, prescribed or published at the time the order is made or at any time before then.

S. 5(4) inserted by No. 3/2022 s. 11(3).

(4)

In this section—

code of practice means any of the following—

(a)

a business code of practice;

(b)

a greyhound code of practice;

(c)

a Code of Practice made under section 7 of the Prevention of Cruelty to Animals Act 1986.

5AApplicable organisations and recognised organisations

S. 5A (Heading) inserted by No. 83/2001 s. 10(1).

S. 5A inserted by No. 87/2000 s. 7.

S. 5A(1) amended by No. 69/2017 s. 6(1)(a).

(1)

The Minister may approve an organisation as an applicable organisation, by notice published in the Government Gazette, if—

S. 5A(1)(a) amended by No. 69/2017 s. 6(1)(b).

(a)

the organisation has applied to the Minister to be approved as an applicable organisation; and

(b)

the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines; and

(c)

the organisation does not represent owners of dogs of a breed whose importation into Australia is prohibited under the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth.

S. 5A(1AA) inserted by No. 8/2014 s. 3, repealed by No. 69/2017 s. 6(2).

* * * * *

S. 5A(1A) inserted by No. 83/2001 s. 10(2).

(1A)

The Minister may declare, by notice published in the Government Gazette, that an organisation is a recognised organisation if—

S. 5A(1A)(a) amended by No. 69/2017 s. 6(3).

(a)

the organisation has applied to the Minister to be declared a recognised organisation in accordance with subsection (2); and

(b)

the organisation represents the owners of restricted breed dogs; and

(c)

the Minister is satisfied that the organisation meets the criteria set out in the relevant guidelines.

S. 5A(2) amended by Nos 83/2001 s. 10(3), 69/2017 s. 6(4).

(2)

An application to be a recognised organisation must include—

(a)

a copy of the organisation's annual report of the preceding year; and

(b)

the organisation's code of ethics and details of how the code is enforced; and

(c)

the outcome of any disciplinary action taken by the organisation for breaches of the ethics code during the preceding year; and

(d)

any other information required by the Minister.

S. 5A(3) inserted by No. 69/2017 s. 6(5).

(3)

An application for an applicable organisation approval—

(a)

must include a report containing the prescribed details about the organisation and its activities; and

(b)

must include the organisation's code of ethics and details of how the code is enforced; and

(c)

must include the outcome of any disciplinary action taken by the organisation for breaches of the code of ethics during the preceding year; and

(d)

must include any other information required by the Minister; and

(e)

must be accompanied by the prescribed application fee.

S. 5A(4) inserted by No. 69/2017 s. 6(5).

(4)

In making a decision to give an applicable organisation approval, the Minister may consider any information included in or accompanying the application for the approval.

S. 5A(5) inserted by No. 69/2017 s. 6(5).

(5)

An applicable organisation approval must specify the following—

(a)

the period for which the approval is to remain in force, which must not exceed 3 years;

(b)

the matters that must be set out in the report required by the condition in section 5D(b);

S. 5A(6) inserted by No. 69/2017 s. 6(5).

(6)

An applicable organisation approval remains in force until the earlier of—

(a)

the period determined under subsection (5)(a); or

(b)

the revocation of the approval.

5BApproval of dog obedience training organisations

S. 5B inserted by No. 69/2017 s. 7.

(1)

For the purposes of this Act the Minister may approve an organisation to provide dog obedience training.

(2)

The Minister may give an approval under subsection (1) if—

(a)

the organisation has applied to the Minister in accordance with subsection (4); and

(b)

the Minister is satisfied that—

(i)

the organisation is established for the purpose of providing wide representation to the dog obedience training community; and

(ii)

adequate dog obedience training in the prescribed matters is or will be provided by or on behalf of the organisation; and

(iii)

the individuals who train or will train the dogs are adequately trained in the prescribed matters.

(3)

In making a decision to approve an organisation the Minister may consider any information included in or accompanying the application for approval under this section.

(4)

An application for approval under this section—

(a)

must include a report containing the prescribed details about the organisation and its activities; and

(b)

must include any other information required by the Minister; and

(c)

must be accompanied by the prescribed application fee.

(5)

An approval under subsection (1) must specify the following—

(a)

the period for which the approval is to remain in force, which must not exceed 3 years;

(b)

the matters that must be set out in the report required by the condition in section 5D(b);

(c)

any condition to which the Minister considers the approval should be subject.

(6)

An approval under subsection (1) remains in force until the earlier of—

(a)

the period determined by the Minister; or

(b)

the revocation of the approval.

5CRenewal of approval

S. 5C inserted by No. 69/2017 s. 7.

(1)

The holder of a dog obedience training organisation approval or applicable organisation approval may apply to the Minister for renewal of the approval.

(2)

An application under subsection (1)—

(a)

must include a report containing the prescribed details about the organisation and its activities; and

(b)

must include any other information required by the Minister; and

(c)

must be accompanied by the prescribed application fee.

(3)

An application under subsection (1) must be made at least 60 days (or any lesser period approved by the Minister) before the expiry of the approval period specified in the approval.

(4)

The Minister may renew the approval if—

(a)

in the case of a dog obedience training organisation approval, the Minister continues to be satisfied of the matters set out in section 5B(2)(b); or

(b)

in the case of an applicable organisation approval, the Minister continues to be satisfied of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

(5)

In making a decision to renew an approval of an organisation under this section the Minister may consider any information included in or accompanying the application for renewal of approval under this section.

(6)

The Minister must not renew the approval if the organisation has failed to submit any report as required by the condition in section 5D.

(7)

A renewed approval under this section must specify the following—

(a)

the period for which the renewed approval is to remain in force, which must not exceed 3 years;

(b)

any conditions that apply to the renewed approval;

(c)

the matters that must be set out in the report required by the condition in section 5D(b).

5DCondition of approval that report submitted each year of approval

S. 5D inserted by No. 69/2017 s. 7.

It is a condition of a dog obedience training organisation approval and an applicable organisation approval that the organisation must submit a report to the Minister by 31 July in each year that sets out—

(a)

the prescribed matters; and

(b)

any other matters specified by the Minister in the approval or renewed approval.

5ERevocation of approval

S. 5E inserted by No. 69/2017 s. 7.

The Minister may revoke a dog obedience training organisation approval or an applicable organisation approval if—

(a)

the organisation has failed to submit a report required by the condition in section 5D; or

(b)

in the case of a dog obedience training approval, the Minister is not satisfied of any of the matters set out in section 5B(2)(b); or

(c)

in the case of an applicable organisation approval, the Minister is not satisfied of any of the matters set out in the relevant guidelines referred to in section 5A(1)(b).

5FNotice of and submissions on proposal to revoke or not renew approval

S. 5F inserted by No. 69/2017 s. 7.

(1)

If the Minister proposes to revoke a dog obedience training organisation approval or an applicable organisation approval, or proposes not to renew such an approval, before doing so the Minister must give notice in writing to the organisation stating—

(a)

the reasons for the proposal; and

(b)

that the organisation may make submissions to the Minister on the proposal within the period specified in the notice.

(2)

The holder of the approval may make written submissions to the Minister in relation to the proposal to revoke or not renew the approval within the period specified in the notice under subsection (1).

(3)

The Minister must consider any submission made under subsection (2), before deciding to revoke the approval or not to renew the approval.

(4)

The Minister must give written notice of the Minister's decision under this section to the relevant organisation.

(5)

A decision by the Minister to revoke an approval under section 5E takes effect on the later of the following—

(a)

on the day the notice under subsection (4) is given to the relevant organisation;

(b)

on the date specified in that notice (if any).

5GSurrender of approval by holder

S. 5G inserted by No. 14/2025 s. 21.

(1)

The holder of a dog obedience training organisation approval or an applicable organisation approval may by written notice surrender the approval to the Minister for cancellation.

(2)

On receipt of the notice the Minister must notify the holder in writing that the dog obedience training organisation approval or applicable organisation approval is cancelled.

(3)

The cancellation of the approval takes effect on—

(a)

the date the notice is given to the holder; or

(b)

any later date specified in the notice.

6Minister's power to delegate

S. 6 amended by Nos 46/1998 s. 7(Sch. 1), 83/2001 s. 11, 69/2004 s. 22, 108/2004 s. 117(1) (Sch. 3 item 59.2), 44/2010 s. 4, 29/2012 s. 11, 8/2014 s. 4, substituted by No. 69/2017 s. 8.

The Minister may, in writing, delegate to any employee employed under the Public Administration Act 2004 in the administration of this Act, the powers and duties of the Minister—

S. 6(a) amended by No. 14/2025 s. 22.

(a)

under section 5A, 5B, 5C, 5E, 5F or 5G; or

(b)

to approve organisations under section 7; or

S. 6(ba) inserted by No. 3/2022 s. 12.

(ba)

to declare an organisation as a declared bird organisation under section 58T; or

(c)

to appoint Departmental authorised officers under section 71 or restricted authorised officers under section 71A; or

(d)

to register a premises under section 58C, including imposing terms, conditions, limitations or restrictions on that registration, but not including any powers under section 58H in relation to the registration of a premises; or

(e)

under Division 3B of Part 4.

Domestic Animals Act 1994

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