Matrix of changes: Domestic Animals Act 1994
Domestic Animals Amendment Act 2014 – commencement date: 1 July 2014
New section
Old
Old
Section Provision
5A(1AA)
5A(1) Applicable
Organisations
Provision (NOTE this may not be the full wording always
check the DAA for actual provision)
A declaration under subsection (1) remains in force until the
later of—
(a) the period (if any) specified in the declaration; or
(b) the revocation of the declaration.
his or her power to register a premises under section 58C
Minister's
power to
delegate
6(b)
Council
animal shelters
and pounds
must accept
surrendered
animals
33A(3) &
(4)
If a Council accepts a dog under subsection (1) that has
exhibited aggressive behaviour or has been involved or
suspected of being involved in a dog attack or that is
considered to be a restricted breed dog, the Council must
give the Secretary specified information within 28 days.
37(2)
Notification
of Council
37(2)(a)
41D
Notification of
Council in
relation to
menacing dog
41D(d)
If the municipal district in which a dangerous dog is kept is
changed, the owner of the dog must notify the Council of the
municipal district in which the dog is to be kept within 24
hours of the change.
If the municipal district in which a menacing dog is kept is
changed, the owner of the dog must notify the Council of the
municipal district in which the dog is to be kept within 24
hours of the change.
A person must not breed, or consent or arrange the breeding
of, or recklessly allow the breeding of, a dog (including a
still-born dog) from a restricted breed dog.
6(ab)
33A(2)
41EA
41F(1)
Notifications
41EB
Prohibition
against
breeding a
restricted
breed dog
41F(1)(c)
Penalty: 60 penalty units or imprisonment for 6 months.
If the municipal district in which a restricted breed dog is
kept is changed, the owner of the dog must notify the
Council of the municipal district in which the dog is to be
kept within 24 hours of the change.
Amendment (Major/Minor/no change)
Minor: Allows Minister to review and renew (for a set
time) an organisations Applicable Organisation status.
Minor: Machinery allows Minister to delegate powers in
relation to council domestic animal businesses (other than
pound or shelter).
Major: Extra reporting requirements for councils.
The VDDR will be amended for reporting purposes.
Councils will need to report (within 28 days) on the
VDDR dogs that an owner surrenders: due to aggressive
behaviour or because owner accepts was involved in a
dog attack or is of a restricted breed.
Medium: Provides clarity that owners need to inform
council dog is moving to as well as council dog is leaving
Medium: Provides clarity that owners need to inform
council dog is moving to as well as council dog is
leaving.
Major: A major offence for mating a dog that is a
restricted breed dog (note all supporting legislation to
gather the evidence is within this amending Act).
Penalty: 60 penalty units or 6 months jail.
Medium: Provides clarity that owners need to inform
council dog is moving to as well as council dog is
leaving.
1
Council to
provide
information about
owners of
dangerous,
menacing or
restricted breed
dogs
44AG(d)
If the municipal district in which a restricted breed dog,
dangerous dog or menacing dog is kept is changed, the
Council of the municipal district in which the dog is to be
kept must notify the Secretary within 7 days of the change.
Medium: Extra reporting requirements for councils.
The VDDR will need to be updated within 7 days of any
changes of address for declared dogs.
60(2)(b)
Repeal and
replace
60(2)(b)
Minor: Allows Minister to select time period for public
comment as long as not less than 28 days.
Section
63
Publication,
operation and
availability of
Code.
Repeal 63(1) &
Amend 63(2)
State that submissions (for code public comment period)
may be made to the Minister and that they must be made
within the period specified in the notice following the
publication of the notice, which must not be less than 28
days.
(2) A Code comes into operation on the later of—
(a) the day specified in the Code (if any),which may be on or
after the day on which the Code is made; or
(b) the day that the Code is published in the Government
Gazette.
(g) in the case of an AO appointed by a Council under
section 72, take samples in accordance with section 74B.
(1) If an authorised officer reasonably suspects that an
offence has been committed against section 41EB or section
29(1), (2), (3), (4),(5) or (6) in relation to a dog—
(a) the AO may take a non-intimate sample from the dog; or
(b) the AO may arrange for a veterinary practitioner
(whether or not assisted by the AO) to take an intimate or
non-intimate sample from the dog—
for the purposes of determining whether the dog is involved
in the offence.
(2) An AO must not take or assist a veterinary practitioner to
take a sample under this section unless the AO has
completed a Minister approved course
(3) If, the dog is aggressive or difficult to manage, the
AO may direct the owner to accompany the AO to a pound
or other place where a sample can safely be taken.
(4) In this section:
authorised officer means s72 or 72A;
non-intimate sample dog's saliva, fur, faeces or urine;
intimate sample means dog's blood.
44AG
74(2)
74A
Powers of
authorised
officers
74(2)(g)
Powers of
authorised
officers
74B Taking
samples
from dogs
Minor: 63(1) No longer required as covered in the
Subordinate Legislation Act. 63(2) amended to allow a
code to come into operation on a date specified by the
code OR Government Gazette (rather than only in the
Government Gazette.
Minor: Allows as72 AO who is exercising a power to
take samples in accordance with provision 74B
Major: If suspected breeding offence (that is have
progeny and a restricted breed dog and want to link that
they are related) a 72 or 72A officer can take a nonintimate sample (fur, urine, faeces or saliva) for DNA –
or take to a veterinarian for an intimate sample. (blood).
Another tool to support breeding offence.
Also allows DNA to be collected to use as evidence in a
dog attack offence.
Additionally if the dog is aggressive or difficult to
manage, the authorised officer may direct the owner of
the dog to accompany the authorised officer to a pound or
other place where a sample can safely be taken.
Note: the AO will have to have completed a course
approved by the Minister.
2
74A
Powers of
authorised
officers
74C
Procedures
for taking
samples
76
Offences
relating to
authorised
officers
76(1)(c)
76
Offences
relating to
authorised
officers
76(3),
(4)&(5)
(1) If an authorised officer proposes to take a sample or
arranges for a veterinary practitioner to take a sample from a
dog under section 74B he or she must—
(a) advise the owner of the dog, if possible before taking the
sample, that it is taken for the purpose of analysis; and
(b) advise the owner of the dog that the owner may nominate
a person to analyse part of the sample; and
(c) forward a part of the sample that is sufficient for
analysis—
(i) to any person nominated by the owner of the dog; and
(ii) to a qualified person nominated by the AO ; and
(d) keep part of the sample untouched for future comparison;
and
(e) return the remainder of the sample to the owner of the
dog within 28 days if the sample is not required for the
purposes of a proceeding
(2) In this section qualified person means a person whom the
Secretary has approved in writing as being qualified to
conduct the analysis of samples taken under section
74B.
A person must not destroy, damage, interfere with or remove
(insert “without reasonable excuse”) any matter or thing
done by an authorised officer in accordance with his or her
powers under this Act.
change to: 60 Penalty units
(3) A person must not, without reasonable excuse, obstruct
or hinder or attempt to obstruct or hinder an authorised
officer in the discharge of his or her powers, duties or
functions under this Act.
(4) For the purposes of subsection (3), a reasonable excuse
includes the failure of the AO to inform the person of the
existence of the offence before the AO attempts to exercise
the power or carry out the duty or function under this Act.
(5) A person must not, without reasonable excuse, refuse
admission to an authorised officer exercising a power of
entry under this Act or a person assisting an authorised
officer in exercising a power of entry under this Act.
Penalty: 60 penalty units.
Medium: Provides specifications to Authorised Officers
of the process required for taking and managing the DNA
sample.
Note: the sample must be sent to a person (business)
approved by the Secretary – this will be in the
Gazette.
Medium: adds “reasonable excuse” and increases penalty
from 10 PU to 60PU.
Major: New offence for “obstruct or hinder or attempt
to” and “refuse admission” to an authorised officer.
Penalty 60 PU
Note: “reasonable excuse” includes the failure of the
authorised officer to inform the person of the existence of
the offence before the authorised officer attempts to
exercise the power or carry out the duty or function
3
76
76B
(1),(2),(3),
(4) &(5)
Requirement
to make
documents
available for
inspection
76
76C
Approval of
Secretary for
search
warrant
76
76D Search
warrant for
document
connected
with
section
41EB
offence
(1) The Secretary, on the application of a s72 authorised
officer may give written approval to that officer to serve a
notice under subsection (2) on a veterinary practitioner.
(2) A s72 AO who has obtained the approval of the
Secretary - may serve a notice on the vet requiring them to
produce or make available for inspection any document in
the custody or possession of the vet which the AO believes
on reasonable grounds to be relevant to determining whether
another person has committed an offence against section
41EB in the municipal district of the Council.
(3) Specifies the content of the notice in so far as time frame,
failing to comply
(4) Allows the notice to be served either personally or by
registered post at the last known address of the vet
(5) The AO may inspect, take a copy of, or make an extract
of, any document produced or made available
(6) The vet must comply with the notice within the time for
compliance specified in the notice unless compliance with
the notice would tend to incriminate them.
Penalty: 20 penalty units.
The Secretary, on the application of a s72 AO, may give
written approval to that officer to apply under section 76D to
a magistrate for the issue of a search warrant in relation to
premises (including residential premises) from which
a veterinary practice is conducted.
(1) A s72 AO who has obtained approval of the Secretary,
may apply to a magistrate for a search warrant if the AO
believes that a document that is relevant to determining
whether a section 41EB (breeding) offence has occurred and
has not been produced or made available under a notice
under section 76B.
(2) If a magistrate is satisfied that there is in or on the
premises a document that is relevant to determining whether
a person has committed an offence against section 41EB,
which has not been produced or made available under a
notice under section 76B, the magistrate may issue a search
warrant, in accordance with the Magistrates' Court Act 1989,
authorising the s72 officer, together with any other person or
Major: Allows a s72 AO to seek a notice and to access to
veterinary records.
To support the collection of evidence for a breeding
offence. If a section 72 AO has approval from the DEPI
Secretary to serve a notice on a veterinarian to produce
documents such as client records.
Specifies the content of the notice in so far as time frame,
failing to comply and how to serve the notice.
Eg: If pups and know vet has vaccinated/ treated/
microchipped then then could access records to see if
other RBD’s were on the record to identify other breeders
of restricted breed dogs.
Penalty: 20 penalty units.
Note: requires approval by the Secretary prior to
serving notice on veterinarian.
Major: Allows the Secretary to give a s72 AO approval
to seek a search warrant to seek further documentation
from a vet. The warrant can include searching a
residential premise used as a vet practice (eg : in the case
of a mobile vet).
Major: Extension of above (new 76B). Allows for a
section 72 Officer with the permission of the Secretary to
apply to the Magistrate for a search warrant to search for
evidence if veterinarian has not complied with the 76B
Order or if the veterinarian keeps their records in their
own home.
4
84C
84E(3),
(4) &
(5)
repeal
persons named or otherwise identified in the warrant and
with any necessary equipment—
(a) to enter the premises specified and
(b) to do all or any of the following—
(i) search for;
(ii) secure against interference;
(iii) examine, inspect and take a copy or make an extract
of—
the document named or described in the warrant relevant to
determining whether an offence has been committed against
section 41EB.
(3) A s72 AO may apply for a warrant under this section to
enter a premises that is not in the municipal district of
the Council and the AO may enter that premises despite
section 224(7) of the Local Government Act 1989.
(4) Sections 84EB, 84F and 84G apply to a search warrant
issued under this section as if it were a search warrant issued
under Part7A.
84CA (1)
(1) The Secretary, on the application of a s72 AO, may give
(2), (3) &(4) written approval to seize a dog under subsection (2).
Seizure of
(2) A s72 who reasonably suspects that an offence under
dog involved
in suspected section 41EB has been committed in the municipal district of
that Council, may seize a dog (with the approval of the
breeding
offence
Secretary) which cannot be seized under section 79 or 80, to
determine if the dog has been used, or is the progeny of a
dog used, in the alleged commission of that offence.
(3) The authorised officer must return the dog seized to its
owner within 3 days after the seizure.
(4) Any reference in this Part (other than this section) to a
dog seized under this Part or words to that effect does not
include a dog seized under this section
New
(1) The Secretary, on the application of a s72 AO, may give
sections
written approval to apply to a magistrate for the issue of a
84EA
search warrant in relation to a person's residence.
Search
(2) A s72, (with the approval of the Secretary) may apply to
warrant if
a magistrate for the issue of a search warrant in relation to a
breeding
offence
person's residence, if the officer believes on reasonable
suspected of grounds that there is present in or on the premises—
Note: A s72 authorised officer may apply (with
permission of the Secretary) for a warrant under this
section authorising the authorised officer to enter a
premises that is not in the municipal district of the
Council and the authorised officer may enter that
premises despite section 224(7) of the Local
Government Act 1989.
Major: Provides a power to seize a dog to gather the
evidence to support breeding offence.
That is seize dog for 3 days while DNA evidence is
collected – this is evidence to prove heritage (that it is the
parent of certain pup/s or progeny of a certain RBD).
Note this is not seize for suspected RBD (that is still done
under the old provisions).
Note: Requires the written approval of the Secretary.
Major: Provides a power to apply to the magistrate (with
the approval of the Secretary) for a search warrant to
enter a property and seize a dog or documents or things
relevant to determining a breeding offence.
being
5
committed
84
New
sections
84EB
Search
warrants
under this
Part
(a) a dog that is entitled to seize under section 84CA; or
(b) a document or thing for determining if an offence
under section 41EB has been committed in the municipal
district of the Council.
(3) If the magistrate is satisfied, there are reasonable grounds
to believe that a dog (entitled to seize under section 84CA),
document or thing is present in or on the premises relevant
to determining if a breeding offence has been committed, the
magistrate may issue a search warrant:
(a) to enter the premises specified in the warrant; and
(b) to search for the dog identified in the warrant; and
(c) to examine that dog for the purposes of identifying the
owner of the dog; and
(d) if necessary, to seize the dog for the purposes of
determining if the dog has been used, or is the progeny of a
dog used, in relation to a breeding offence - for the purposes
of taking a DNA sample from the dog
(e) to search for, examine, take copies or photographs of,
take extracts from or seize, a document or thing, named or
described in the warrant,
(4) An s72 authorised officer may apply for, and a
magistrate may issue, a warrant under this section
authorising the authorised officer to enter a premises
that is not in the municipal district of the Council and the
authorised officer may enter that premises despite section
224(7) of the Local Government Act 1989.
(5) Any reference in this Part (other than this section) to a
dog seized under this Part or words to that effect does not
include a dog seized under this section.
(1) A search warrant issued under this Part must state—
(a) the purpose for which the search is required; and
(b) any conditions the warrant is subject; and
(c) that entry is at any reasonable time of the day; and
(d) a day, not later than 28 days after issue of the warrant, on
which the warrant ceases to have effect.
(2) Except as provided by this Act, the rules to be observed
with under the Magistrates' Court Act 1989 extend and apply
to search warrants under this Part.
Note: Repeal of the old specifications on search warrant
and replaced with specific conditions for a search warrant
in relation to a breeding offence and a search warrant for
anything else under Part 7A (Powers to seize and dispose
of dogs and cats).
Note: A s72 authorised officer may apply for (with the
approval of the Secretary), a magistrate to issue, a
warrant under this section authorising the authorised
officer to enter a premises that is not in the municipal
district of the Council and the authorised officer may
enter that premises despite section 224(7) of the Local
Government Act 1989.
Note: Requires written approval of the Secretary.
Note: Under 84GA (1) any “document” or “thing”
seized must be provided a receipt on a “prescribed
form”. The prescribed form is in the new version of
the Domestic Animals Regulations 2005.
Minor: States the requirements of information to be
included in the search warrant.
6
84F(1)
Announcement
before entry
New section
84GA
Seizure of
documents
or things
84G
84T
Part 7
84X
Council must
destroy dog
believed to be a
restricted
breed dog if
owner unknown
84T(2)
Division
7A—
84XA Court
may
(3) a search warrant issued under this Part must not
authorise an authorised officer to arrest a person.
Inserts clarity that this provision is for a search warrant
issued under Part 7A
(1) An AO must make out and tender to the person a receipt
in the prescribed form for the document or thing seized.
(2) An AO must take all reasonable steps to return a seized
document or thing seized if—
(a) the reason for its seizure no longer exists; or
(b) proceedings in which the document or thing may be used
in evidence have not commenced within 60 days
(3) An AO may apply to the Magistrates' Court for an
extension for which a document or thing may be kept.
(4) An application under (3) must be made within 60 days of
the seizure, or if an extension has previously been granted,
within the extended period.
(5) The Magistrates' Court may order an extension if the
Court is satisfied that the retention is necessary—
(a) for an investigation into whether an offence has been
committed; or
(b) to enable evidence of an offence to be secured for the
purposes of a prosecution.
(6) The Magistrates' Court may adjourn an application to
enable notice of the application to be given to any person.
(2) A Council must notify the Secretary of the following
information after destroying a dog under subsection (1)—
(a) the municipal district in which the dog was seized;
(b) the date on which the dog was seized;
(c) the date on which the dog was destroyed;
(d) the sex and reproductive status of the dog;
(e) the age, breed and colour of the dog;
(f) The Council reference number for the dog.
(3) A notice under subsection (2) must be given
(a) if the Minister specifies a period of time
(a) or within 28 days after the dog was destroyed.
Minor: Provides clarity for search warrant under Part 7A.
Minor: Requires an AO to give a receipt in a prescribed
form for any document or thing seized and the time lines
for keeping them.
Note: A “prescribed form” is in the new version of the
Domestic Animals Regulations 2005.
Major: Extra reporting requirements for councils.
The VDDR will be amended for reporting purposes.
Councils will need to report (within 28 days), on the
VDDR, dogs that are believed to be of a restricted breed
if the owner is unknown.
Disqualification of person from owning or being in charge or control of a
dog
Minor: Addition of a new Part – 7A
If a person has been convicted, found guilty or found not
guilty because of mental impairment, of an offence against
Major: New power for a magistrate to issue a banning
order if a person is convicted, found guilty or found not
7
disqualify
person from
owning or
being in
charge or
control of a
dog
84X
84XB
84X
84XC Order
under
section
84XA may
be
suspended
84X
84XD Person
subject to order
under s 84XA
may apply for
variation,
suspension or
revocation of
order
84X
84XE Power
of
Magistrates'
Court to
vary etc.
order under
section 28, 29(1), 29(2), 29(3) or 29(4) the Magistrates'
Court may, in addition to or instead of any other penalty,
order—
(a) that the person be disqualified for the period (not
exceeding 10 years) specified in the order, from owning or
being in charge or control of a dog; or
(b) that the conditions, specified in the order, apply for the
period specified in the order to the person whenever the
person is in charge or control of a dog.
(1) A s72 AO may apply to a magistrate for the issue of a
search warrant in the municipal district of that Council, if
the AO believes that a person with a s84XA order and is
holding a dog in contravention of that order.
(2) If the magistrate is satisfied a person subject to a s84XA
order is holding a dog in contravention of that order, the
magistrate may issue a search warrant, authorising a s72AO
(a) to enter the premises; and
(b) to search for and seize the dog; and
(c) to dispose of the dog in accordance with the directions
set out in the warrant.
guilty because of mental impairment, of an offence
against section 28, 29(1), 29(2), 29(3) or 29(4).
Person can be banned for up to 10 years.
Banned from owning or being in charge of a dog.
Note
There are general provisions in sections 84EB, 84F and 84G that apply
to search warrants issued under this Part.
DEPI will arrange a data base for banning orders
under the DAA.
If the Magistrates' Court has made an order section 84XA, it
may suspend the order—
(a) for any period which the Magistrates' Court considers
necessary for the person to make arrangements for the
custody of a dog; or
(b) pending an appeal against the order.
(1) A person who is subject to an order under s84XA may
apply to the Magistrates' Court for the variation, suspension
or revocation of the order.
(2) An application under subsection (1) may be made no
earlier than 12 months after the order is made.
Major: Allows a suspension of a banning order. This
could be used to allow time for a dog to be
moved/rehomed/appeal.
(1) On application under s84XD, the Magistrate may
(a) vary an order as specified, and from the date specified,or
(b) suspend the order for a specified period; or
(c) revoke the order; or
(d) refuse the application.
Minor: Allows a person to apply to the court for a
variation or revocation of a banning order and for a
Magistrates’ Court to vary or cancel a s84XD (banning
order)
Major: If person is given a banning order and suspected
of having a dog on the premises a section 72 Officer can
apply to the Magistrate for a warrant to search, seize and
dispose of the dog.
The warrant must specify (by the magistrate) how the dog
can be disposed of.
Medium: Allows a person with a banning order to apply
to the magistrate for a variation/ suspension/ revocation
of a banning order.
8
section
84XA
(2) In making an order under subsection (1) the Magistrates'
Court may have regard to any one or more of the following
matters—
(a) the applicant's character;
(b) the applicant's conduct since the order was made;
(c) the nature of the offence on which that order was based;
(d) any other relevant circumstances.
If the Magistrates' Court makes an order for a variation or
refuses an application the person who applied for the
relevant application must not make another application until
12 months after the order for the variation was made or the
application was refused.
84X
84XF Person
may not make
another
application for
variation,
suspension or
revocation of
order for 12
months
84X
84XH Person
must comply
with order
under
section 84XA
A person who is subject to an order under section 84XA
must comply with the order.
Penalty: 240 penalty units or imprisonment for 2 years.
Major: Failing to comply with a banning order and result
in a penalty of 2 years jail or 240 PU.
95A
Extended
period to
prosecute
offence
98(2A)
Despite section 7 of the Criminal Procedure Act 2009,
proceedings for a s41EB offence (breeding) may be
commenced within the period of 3 years after the
commission of the alleged offence.
subsection (1) or (2) must be made within 28 days, or an
application for review under subsection (2AA) must be made
within 14 days
Major: To support the breeding offence extends the
statute of limitations from 1 year to 3 years.
98
98AAA
Order for
costs of
retaining
restricted
breed dog in
custody
Major: Allows council to seek costs of retaining a
restricted breed dog in custody if the council decision
affirmed.
98A(3)
98A (4)(a)(b)
Power of
authorised
officers to
make
declaration as
to breed of
dogs
VCAT on application, may make an order that the owner of
a dog pay the reasonable costs and expenses incurred for
retaining custody of the dog since it was seized if—
(a) VCAT affirms the decision of an AO to declare the dog
a restricted breed dog; and
(b) the dog is no longer to be retained in custody.
(4) If a declaration is made that a dog is a RBD, it is
presumed, in the absence of evidence to the contrary, that the
dog is a RBD if
(a) the AO who made the declaration had completed a course
for the purposes of making declarations under section 98A
that had been approved by the Minister; and (b) the
Minister's approval of the course of training had been
published in the Government Gazette.
95
98(2A)
"subsection (1),
(2) or (2AA)
must be made
within 28 days
Minor: If an person applies and receives a variation or is
refused a variation they cannot apply again for 12
months.
Major: Reduces the time for owners to appeal to VCAT
from 28 days to 14 days.
Major: Reverse onus of proof. Provides guidance to
VCAT members that an authorised officer is a reliable
expert in RBD identification.
Note: the AO will have to have completed a course
approved by the Minister.
The course will be listed in the Government Gazette.
9
Part 8
PART 8—
GENERAL
100A Council
must give
information to
Secretary
(1) If VCAT sets aside
(a) a Council to declaration for a dog to be a dangerous or a
menacing dog; or (b) restricted breed dog—
the Council must notify the Secretary
(2) The notice must contain the following information—
(a) the date the declaration was set aside;
(b) whether the declaration was set aside by VCAT or the
Supreme Court;
(c) the municipal district in which the declaration was made;
(d) the Council reference number for the dog;
(e) for a dangerous or a menacing dog declaration, the date
of the declaration and the Council that made it
(f) in the case of a dangerous dog, the reasons that the dog
was declared to be dangerous;
(g) in the case a restricted breed dog, the date of the
declaration and name of the AO who declared.
(3) A notice under subsection (1) must be
made—(a) if the Minister specifies a period of time- within
that period or (b) in any other case, within 28 days after the
declaration was set aside.
Major: Extra reporting requirements for councils for
decisions set aside by VCAT or the Supreme Court.
The VDDR will be amended for reporting purposes.
Councils will need to report (within 28 days), on the
VDDR, dogs that had the declaration overturned by
VCAT or Supreme Court.
AMENDMENTS TO CRIMES ACT 1958
 Section 319D Court may disqualify person from owning or being in charge or control of a dog
 Section 319E Person disqualified under section 319D may be subject to search warrant
And replicating sections from DAA re banning orders warrants etc.
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Table of sections that require special approval, reporting or prerequisites:
Provision
New requirement
Proposed method of report/request
33A(2) 33A(3) & (4) Council If a Council accepts a dog under
The VDDR will be amended for reporting purposes and will need to be
animal shelters and pounds
subsection (1) that has exhibited
updated within 28 days of any data.
must accept surrendered
aggressive behaviour or has been
animals
involved or suspected of being involved
in a dog attack or that is considered to be
a restricted breed dog, the Council must
give the Secretary specified information
within 28 days
44AG(d) Council to provide
If the municipal district in which a
The VDDR will be need to be updated within 7 days of any changes of
information about owners of
restricted breed dog, dangerous dog or
address for declared dogs.
dangerous, menacing or
menacing dog is kept is changed, the
restricted breed dogs
Council of the municipal district in
which the dog is to be kept must notify
the Secretary within 7 days of the
change.
74B (2) Taking samples from An authorised officer (s72 or 72A) must Section 72 and 72A AO will have to have completed a course approved by
dogs
not take or assist a veterinary practitioner the Minister to be able to collect DNA samples to be used as evidence.
to take a sample under this section unless The approved training courses will be published in the Government
the authorised officer has completed a
Gazette and it will be the responsibility of the officer to keep evidence of
Minister approved course
completion of the course. If you have already completed a listed course
then all you need is evidence of completion.
74C Procedures for taking
(1) If an AO proposes to take a sample or Samples collected for DNA must be sent to a person (business) approved
samples
arranges for a veterinary practitioner to
by the Secretary.
take a sample from a dog under section
The approved laboratories will be published in the Government Gazette.
74B they must—(c) forward a part of the
sample that is sufficient for analysis—
(ii) to a qualified person nominated by
the authorised officer;
(2) In this section qualified person means
a person whom the Secretary has
approved as being qualified to conduct
the analysis of samples taken.
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76B(2) Requirement to make
documents
available for inspection
76D Search warrant for
document connected
with section 41EB offence.
84CA (2)
Seizure of dog involved in
suspected
breeding offence.
84EA(2) Search warrant if
breeding offence suspected of
being committed
A s72authorised officer who has
obtained the approval of the Secretarymay serve a notice on the vet requiring
them to produce or make available for
inspection any document in the custody
or possession of the vet which the
authorised officer believes on reasonable
grounds to be relevant to determining
whether another person has committed
an offence against section 41EB in the
municipal district of the Council.
(1) A s72 authorised officer who has
obtained approval of the Secretary, may
apply to a magistrate for a search warrant
if the authorised officer believes on
reasonable grounds that a document that
is relevant to determining whether a
section 41EB (breeding) offence has
occurred has not been produced or made
available under a notice under section
76B.
(2) A s72 who reasonably suspects that
an offence under section 41EB has been
committed in the municipal district of
that Council, may seize a dog (with the
approval of the Secretary) which cannot
be seized under section 79 or 80, to
determine if the dog has been used, or is
the progeny of a dog used, in the alleged
commission of that offence.
(2) A s72, (with the approval of the
Secretary) may apply to a magistrate for
the issue of a search warrant in relation
to a person's residence, if the officer
believes on reasonable grounds that there
is present in or on the premises—
(a) a dog that is entitled to seize under
section 84CA; or
Requires section 72 Officer to obtain permission of the Secretary to serve
a notice on the vet requiring them to produce or make available for
inspection any document in the custody or possession of the vet which the
authorised officer believes on reasonable grounds to be relevant to
determining whether another person has committed an offence against
section 41EB.
A flow chart is available for managing the process and a template that is
to be used for seeking approval of the Secretary.
Requires section 72 Officer to obtain permission of the Secretary to apply
to the Magistrate for a search warrant to search for evidence if
veterinarian has not complied with the 76B Order.
A flow chart is available for managing the process and a template that is
to be used for seeking approval of the Secretary.
Requires section 72 Officer to obtain permission of the Secretary to seize
a dog to gather DNA to support breeding offence.
A flow chart is available for managing the process and a template that is
to be used for seeking approval of the Secretary.
Requires s72 officer to obtain permission of the Secretary to apply to a
magistrate for a warrant to enter a premises to seize a dog, document or
thing.
A flow chart is available for managing the process and a template that is
to be used for seeking approval of the Secretary.
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(b) a document or thing for determining
if an offence under section 41EB has
been committed in the municipal district
of the Council.
84T(2) A Council must notify (a) the municipal district in which the
the Secretary of information
dog was seized;
after destroying a dog under
(b) the date on which the dog was seized;
subsection (1)
(c) the date on which the dog was
destroyed;
(d) the sex and reproductive status of the
dog;
(e) the age, breed and colour of the dog;
(f) the Council reference number for the
dog.
(3) A notice under subsection (2) must be
given
(a) if the Minister specifies a period of
time
(a) or within 28 days after the dog was
destroyed.
98A (4)(a)(b) Power of
(4) If a declaration is made that a dog is a
authorised officers to make
restricted breed dog, then it is presumed,
declaration as
in the absence of evidence to the
to breed of dogs
contrary, that the dog is a restricted breed
dog if
(a) the authorised officer who made the
declaration had completed a course of
training for the purposes of making
declarations under section 98A that had
been approved by the Minister; and (b)
the Minister's approval of the course of
training had been published in the
Government Gazette.
100A Council must give
(1) If VCAT sets aside
information to Secretary
(a) a Council declaration for a dog to be
a dangerous or a menacing dog; or
(b) restricted breed dog
the Council must notify the Secretary
Note: the Domestic Animals Regulations 2005 revised version contains the
‘prescribed form’ for “documents” and “things” cannot be seized.
The VDDR will be amended for reporting purposes.
Councils will need to report (within 28 days), on the VDDR, dogs that are
believed to be of a restricted breed if the owner is unknown.
The Section 72 AO will have to have completed a course approved by the
Minister for the ‘reverse onus’ provision.
The approved training courses will be published in the Government
Gazette and it will be the responsibility of the officer to keep evidence of
completion of the course. If you have already completed a listed course
then all you need is evidence of completion.
The VDDR will be amended for reporting purposes.
Councils will need to report (within 28 days), on the VDDR, dogs that had
the declaration overturned by VCAT or Supreme Court.
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