Animals Legislation Amendment
(Animal Care) Bill 2007
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1—PRELIMINARY
Clause 1
sets out the purposes of the Bill.
Clause 2
provides that the Bill (except clauses 3, 5(2), 22, 23, 24, 25,
41(1), 41(2), 41(3), 42, 44, 77(2), 77(3), 79(1), 87, 90, 92(4),
109 and Part 5) comes into operation on the day after the day on
which it receives the Royal Assent.
Clauses 3, 5(2), 22, 23, 24, 25, 41(1), 41(2), 41(3), 42, 44,
77(2), 77(3), 79(1), 87, 90, 92(4), 109 and Part 5 of the Bill
come into operation on a day to be proclaimed, but no later than
1 December 2009. The period allowed is necessary to allow
time to make regulations to support amendments made by the
Bill.
PART 2—AMENDMENTS TO THE DOMESTIC (FERAL AND
NUISANCE) ANIMALS ACT 1994
Clause 3
amends the title to the Domestic (Feral and Nuisance)
Animals Act 1994 (the DFNA Act) to the Domestic Animals
Act 1994. This reflects the fact that the Bill expands the scope
of that Act to provide for the permanent identification of horses
and other animals.
Clause 4
amends section 1 of the DFNA Act to expand the purpose of the
Act to include the identification and control of menacing and
restricted breed dogs and the regulation of the permanent
identification of horses and other animals.
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BILL LA INTRODUCTION 10/10/2007
Clause 5
amends section 3(1) of the DFNA Act to—

replace the definitions of domestic animals registry
licence and domestic animals registry service (which
have been repealed) with the definitions animal registry
licence and animal registry service respectively;

insert definitions of laceration, notice of seizure,
prescribed class of animal and serious injury;

substitute the definition of prescribed identifying
information;

amend the definitions of permanent identification
device and prohibited implanter.
Clause 6
amends sections 10(1) and 10(2) of the DFNA Act to substitute
the current maximum penalty of 5 penalty units with a penalty
of 10 penalty units.
Clause 7
amends section 10A(4) of the DFNA Act to provide that the
exemption from the requirement to be desexed for a dangerous
dog kept as a guard dog for non-residential premises or that has
had protection training does not apply if the dog is also a
restricted breed dog.
Clause 8
amends section 17 of the DFNA Act to clarify that a Council
must not register a restricted breed dog unless certain
circumstances apply including a new requirement that the dog is
already registered with the Council as a breed of dog other than
a restricted breed dog.
Clause 9
amends sections 20(1) and 21 of the DFNA Act to remove
references to persons being convicted of the offences set out in
those sections. This is consistent with other offences in the
DFNA Act.
Clause 10
amends section 23 of the DFNA Act to—

allow a Council appointed authorised officer to serve a
notice of objection to the presence of a dog or cat on
private property on the owner of the dog or cat rather
than the Council having to serve the notice;

provide that the penalty for the offence in section 23(4)
applies if a person is found guilty of the offence set out
in that section instead of having to be convicted of that
offence.
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Clause 11
amends sections 24(1), 24(2), 25(1), 26(1) and 27(1) of the
DFNA Act to remove references to persons being convicted of
the offences set out in those sections. This is consistent with
other offences in the DFNA Act.
Clause 12
substitutes section 29 of the DFNA Act to—

remove the reference to having to be convicted to be
liable to a penalty for the offence in section 29(1);

provide that an owner of a dog (other than a dangerous
dog) that attacks or bites a person or animal and causes
death or a serious injury, is guilty of an offence and
liable to a penalty not exceeding 20 penalty units;

provide that an owner of a dog (other than a dangerous
dog) that attacks or bites a person or animal and the
injuries are not in the nature of serious injuries, is guilty
of an offence and liable to a penalty not exceeding
10 penalty units;

provide that an owner of a dog that rushes at or chases
any person, is guilty of an offence and liable to a
penalty of not more than 4 penalty units;

provide exceptions to the offences under section 29 of
the DFNA Act;

provide that if an owner of a dog is found guilty of an
offence under section 29 of the DFNA Act, the court
may order that the owner pay compensation for any
damage caused by the dog and that the dog be
destroyed;

insert a definition of owner in relation to a dog who
commits an offence under section 29 of the DFNA Act.
Clause 13
amends section 32(3) of the DFNA Act to remove the reference
to a person being convicted of an offence set out in section 32
and substituting it with a reference to being found guilty of the
offence.
Clause 14
amends section 34 of the DFNA Act as a consequence of the
substitution of section 29 of the DFNA Act and the insertion of
the new definition of serious injury into that Act.
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Clause 15
amends section 41(1) of the DFNA Act to remove the reference
to having to be convicted to be liable to a penalty for the
offence in that section.
Clause 16
amends section 41A(5) of the DFNA Act as a consequence of
the substitution of section 29 of the DFNA Act and to remove a
reference to being convicted of an offence under section 29.
Clause 17
amends section 41I of the DFNA Act to remove the reference to
having to be being convicted to be liable to a penalty for the
offence in that section.
Clause 18
amends section 41J of the DFNA Act to make it an offence for a
person to own a restricted breed dog that is kept at premises,
which the owner occupies and at which more than 2 restricted
breed dogs are kept, unless a permit is issued by the Council
permitting the keeping of more than 2 restricted breed dogs at
that premises. Section 41J currently makes it an offence for a
person to own more than 2 restricted breed dogs in a municipal
district without a permit. This new offence is additional to the
existing one.
Clause 19
amends section 41L of the DFNA Act to remove the reference
to having to be convicted to be liable to a penalty for the
offence in that section.
Clause 20
amends section 58(1)(b) of the DFNA Act as a consequence of
section 81 being re-enacted.
Clause 21
amends section 63A(2)(a) of the DFNA Act as a consequence
of section 81 being re-enacted.
Clause 22
amends the heading to Part 4A of the DFNA Act as a
consequence of expanding the permanent identification
provisions to horses and other animals of prescribed classes of
animal as well as dogs and cats.
Clause 23
amends section 63B of the DFNA Act to define owner for the
purposes of Part 4A to include a horse or other animal of a
prescribed class of animal.
Clause 24
amends section 63C of the DFNA Act as a consequence of
expanding Part 4A to include horses and other animals of
prescribed classes of animal. A person must now hold an
animal registry licence if they provide an animal registry
service.
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Clause 25
amends section 63Z of the DFNA Act to provide that references
in that provision to a holder of a domestic animals registry
licence and a domestic animals registry service are taken to be
references to the holder of an animal registry licence and an
animal registry service respectively.
Clause 26
substitutes the heading to Part 7 of the DFNA Act to reflect the
fact that a new Part 7A has been inserted by clause 29, which
replaces Division 2 of Part 7.
Clause 27
omits the heading to Division 1 of Part 7 of the DFNA Act as
the Division is to be the entirety of Part 7.
Clause 28
amends 74(2)(f) of the DFNA Act as a consequence of the
insertion of Division 2 of new Part 7A. This clause also
amends section 74A of the DFNA Act to expand the power of
an authorised officer appointed under section 72A to obtain
information and ask questions of persons suspected of
committing certain offences.
Clause 29
substitutes Division 2 of Part 7 of the DFNA Act with a new
Part 7A.
New Part 7A consolidates the powers of authorised officers to
seize and dispose of dogs and cats. It re-enacts the provisions in
Division 2 of Part 7 and adds some additional provisions as
well.
New section 77 defines an authorised officer to mean an
authorised officer who is appointed by and is an employee of a
Council.
New section 78 sets out the circumstances in which an
authorised officer may seize dangerous dogs under new
Part 7A. This seizure power is currently set out in sections
77(1)(b)(i), 77(1)(c)(i) and 77(1)(c)(ii) of the DFNA Act.
New section 79 sets out the circumstances in which an
authorised officer may seize restricted breed dogs under new
Part 7A. This seizure power is currently set out in sections
77(1)(b)(i), 77(1)(b)(ii), 77(1)(ca)(i) and 77(1)(ca)(ii) of the
DFNA Act.
New section 80 provides authorised officers with a power to
seize a dog which the officer reasonably believes is a restricted
breed dog.
New section 81 sets out the circumstances in which an
authorised officer of a Council may seize a dog which has been
set, urged or trained to attack, bite, rush at or chase any person
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or animal. This seizure power is currently set out in sections
77(1)(d)(i) and 77(1)(d)(ii) of the DFNA Act.
New section 82 sets out the circumstances in which an
authorised officer may seize an unregistered dog or cat that has
not been registered after its owner has been found guilty of the
offence of not registering the animal or the subject of an
infringement notice for that offence. This seizure power is
currently set out in sections 77(1)(a) and 77(2) of the
DFNA Act.
New section 83 provides that an authorised officer may seize an
unregistered dog or cat if the Council is not able to register or
renew the registration of the dog or cat. The current equivalent
to this provision is section 77(2A) of the DFNA Act.
New section 84 provides that a person may seize a dog or cat in
circumstances where the owner would be guilty of one of the
offences relating to stray dogs and cats that are set out in
sections 23, 24, 25 and 26. This power is currently provided for
in section 77(3) of the DFNA Act.
New section 84A sets out when a person can seize a cat found
outside the owner's premises without Council identification.
This power is currently provided for in section 77(3A) of the
DFNA Act.
New section 84B sets out the circumstances in which an
authorised officer may seize a dog or cat after a court order
made as a result of the dog or cat being found outside the
owner's premises. This seizure power is currently set out in
section 95B(1) of the DFNA Act.
New section 84C provides for the powers of an authorised
officer to enter premises, including a person's residence, on the
request of the owner of the premises to seize an abandoned dog
or cat.
New section 84D requires a person (other than an authorised
officer) who seizes a dog or cat to deliver it to the Council as
soon as is reasonably possible. New section 84D also provides
the Magistrates' Court with the power to order a person to return
the animal to its owner if the person is found guilty of not
delivering the animal to the Council.
New section 84E sets out requirements for the application
and granting of search warrants to authorised officers.
These requirements are currently set out in section 77A of
the DFNA Act.
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New section 84F sets out the requirements for announcing entry
to premises before executing a search warrant. This is currently
provided for in section 77B of the DFNA Act.
New section 84G sets out requirements for providing details of
a search warrant to the occupier. These requirements are
currently set out in section 77C of the DFNA Act.
New section 84H sets out requirements for serving a notice of
seizure on the owner of a dog or cat that is seized or delivered
to the Council. The current notice provision is in section 78 of
the DFNA Act.
New section 84I sets out the information which must be
included in a notice of seizure.
New section 84J provides that the Council, person or body
holding a dog or cat seized in certain circumstances may retain
custody of the animal until recovered or disposed of.
New section 84K sets out the circumstances in which the
Council must serve a declaration under section 98A on the
owner of a seized suspected restricted breed dog.
New section 84L sets out the circumstances in which the
Council, person or body may retain custody of a seized
suspected restricted breed dog.
New section 84M sets out requirements relating to recovery
of a dog or cat seized under certain circumstances.
These requirements are currently provided for in section 79
of the DFNA Act.
New section 84N sets out the requirements for the recovery of
suspected restricted breed dogs.
New section 84O sets out the circumstances in which a dog or
cat seized under certain circumstances may be sold or
destroyed. This power is currently provided for in section 80(1)
of the DFNA Act.
New section 84P sets out the circumstances in which a
dangerous or restricted breed dog which has been seized may be
destroyed. Section 80(2) of the DFNA Act sets out the existing
powers for destroying dangerous and restricted breed dogs.
New section 84Q sets out requirements for prosecuting owners
of seized dogs or cats. This is currently provided for in sections
80(3)(a) and 95B(2) of the DFNA Act.
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New section 84R provides that in situations where the Council
suspects that an owner of a dog has committed an offence but
does not have sufficient information about the owner to
prosecute the owner, the Council may require, in the notice of
seizure, the owner to provide their current address.
New section 84S provides for the destruction of a seized dog or
cat where the owner has committed an offence and the owner
cannot be identified. This power is currently set out in section
80(3A) of the DFNA Act.
New section 84T provides for the destruction of a dog seized
under section 80 where the authorised officer who seized the
dog reasonably believes it is a restricted breed dog and the
owner cannot be identified.
New section 84U provides that a seized dog or cat must be
desexed before it is sold. This is as currently provided for in
section 80(5) of the DFNA Act.
New section 84V sets out the method of destroying dogs or cats
and the circumstances in which an animal may be given away.
These requirements are currently set out in section 83 of the
DFNA Act.
New section 84W provides the Magistrates' Court with the
power to order an owner to carry out works to ensure a dog or
cat is not able to escape the owner's premises on being found
guilty of certain offences. This power is currently provided for
in section 95A of the DFNA Act.
New section 84X sets out the circumstances in which the
Magistrates' Court may make an order relating to selling or
destroying a dog or cat or requiring the owner to pay the
reasonable costs to the Council for any period for which the
Council has custody of the animal. Sections 80(4) and 95D of
the DFNA Act currently set out these powers.
New section 84Y allows a Council to enter an agreement with
a person or body to seize, retain or dispose of dogs or cats.
This is currently provided for in section 81 of the DFNA Act.
New section 84Z sets out certain offences relating to seized
dogs and cats, which are currently set out in section 82 of the
DFNA Act.
New section 84ZA makes it an offence to unlawfully seize or
destroy a dog or cat. This offence is currently set out in
section 84 of the DFNA Act.
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Clause 30
substitutes the heading to Division 3 of Part 7 of the DFNA Act
to make it a new Part 7B.
Clause 31
substitutes section 85 of the DFNA Act to allow authorised
officers to issue infringement notices for a number of additional
offences in that Act and in relation to prescribed offences
against the regulations.
Clause 32
amends section 88 of the DFNA Act to increase the maximum
penalty that may be prescribed for an infringement notice from
2 penalty units to 5 penalty units.
Clause 33
inserts a new heading after section 88 of the DFNA Act to
create a new Part 7C.
Clause 34
amends the heading to Division 4 of Part 7 of the DFNA Act to
make it Division 1 of Part 7C.
Clause 35
amends section 94(1)(b) of the DFNA Act, which is
consequential on the restructuring of Part 7.
Clause 36
repeals Division 4A of Part 7 of the DFNA Act as the
provisions in that Division are re-enacted in new Part 7A.
Clause 37
substitutes the heading to Division 5 of Part 7 of the DFNA Act
to insert a heading for Division 2 of Part 7C.
Clause 38
substitutes the heading to Division 6 of Part 7 to make new
Part 7D.
Clause 39
amends section 98(2)(b) of the DFNA Act to clarify that there is
no right of appeal to the Victorian Civil and Administrative
Tribunal where Councils cannot register a restricted breed dog
under the DFNA Act. A Council cannot register for the first
time, a restricted breed dog unless the dog was kept in Victoria
prior to the commencement of section 12 of the Primary
Industries Acts (Further Amendment) Act 2005 and the dog
is registered not as a restricted breed. In addition, a restricted
breed dog cannot be registered or have its registration renewed
unless the dog meets the desexing requirements and the dog is
implanted with a permanent identification device.
Clause 40
substitutes the heading to Division 7 of Part 7 of the DFNA Act
to make new Part 7E.
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Clause 41
amends section 100 of the DFNA Act to—

make consequential amendments to the regulationmaking powers as a result of expanding the permanent
identification provisions to horses and other animals;

allow regulations to prescribe offences for which an
infringement notice may be issued and to fix an
infringement notice penalty of up to 5 penalty units for
those offences;

increase the maximum penalty which may be set in the
regulations for contravention of the regulations from
5 penalty units to 10 penalty units.
Clause 42
substitutes section 102 of the DFNA Act with a new section 102
to provide for transitional arrangements arising from the change
of the title of the DFNA Act and the expansion of the
permanent identification provisions in Part 4A to horses and
other animals. The current section 102 contains savings
provisions that are now redundant.
Clause 43
substitutes section 103 of the DFNA Act with a new section 103
to provide for transitional arrangements in relation to
prosecution of certain offences in that Act and agreements
entered into under the current section 81, which has been
re-enacted as new section 84Y. The current section 103 of the
DFNA Act is now redundant as the time for carrying out the
obligation in that section has passed.
Clause 44
provides that the DFNA Act is amended as provided for in
Schedule 1 to the Bill. Schedule 1 makes consequential
amendments to the DFNA Act as a result of expanding the
permanent identification provisions in Part 4A to horses and
other animals.
PART 3—AMENDMENTS TO THE IMPOUNDING OF
LIVESTOCK ACT 1994
Clause 45
amends section 1 of the Impounding of Livestock Act 1994
(the IL Act) to expand the purposes of that Act to include
impounding of abandoned livestock.
Clause 46
amends section 3 of the IL Act to—

insert definitions of Department, notice of seizure, road
and Secretary;
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
substitute the definitions of authorised person and
impound;

amend the definition of livestock to include animals
kept or used for the purposes of recreational sport or
recreational purposes.
Clause 47
inserts a new Division heading to create Division 1 of Part 2 of
the IL Act.
Clause 48
inserts a new heading in section 5 of the IL Act.
Clause 49
inserts new section 5A into the IL Act to set out the powers of
an authorised officer of a council to enter any land or nonresidential building and impound abandoned livestock.
Clause 50
amends section 6(1) of the IL Act, which is consequential on
the insertion into that Act of the power to seize abandoned
livestock.
Clause 51
substitutes section 7 of the IL Act to incorporate amendments
consequential on the insertion into that Act of the power to seize
abandoned livestock.
Clause 52
amends section 8 of the IL Act to make consequential
amendments and to refer to a notice of seizure under new
section 8A instead of setting out the information to be provided
in a notice to the owner of the impounded livestock in section 8.
Clause 53
inserts new section 8A into the IL Act, which sets out the
requirements for a notice of seizure to be served on the owner
of impounded livestock.
Clause 54
amends section 9 of the IL Act to confine it to impounding of
livestock found trespassing.
Clause 55
amends section 10 of the IL Act so that it only applies to the
impounding of livestock found trespassing.
Clause 56
amends section 11 of the IL Act to confine it to impounding of
livestock found trespassing.
Clause 57
amends section 12 of the IL Act to confine it to impounding of
livestock found trespassing.
Clause 58
amends section 13 of the IL Act so that it only applies to the
impounding of livestock found trespassing.
Clause 59
amends section 13A of the IL Act to confine it to impounding
of livestock found trespassing.
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Clause 60
amends section 15 of the IL Act to—

require a council which receives notification of the
whereabouts of livestock to take reasonable steps to
identify the owner as soon as possible;

to take reasonable steps to identify the owner of
livestock found trespassing via any permanent
identification device or other identification marker;

to include reference to a notice of seizure instead of
setting out all the information to be provided in a notice
to the owner of the impounded livestock under
section 15.
Clause 61
amends section 16 of the IL Act so that it applies to impounded
livestock found trespassing or abandoned.
Clause 62
inserts new Division 2 into Part 2 of the IL Act.
New section 16A sets out the powers of an authorised officer of
a council to serve a notice objecting to the trespass of livestock.
New section 16B sets out the powers of an authorised officer of
a council to serve a notice requiring the owner of livestock to
take measures set out in the notice to ensure the livestock are
adequately confined.
Clause 63
amends section 17 of the IL Act to confine it to impounding of
livestock found trespassing.
Clause 64
inserts new section 17A into the IL Act to require a council to
hold abandoned livestock that has been impounded for at least
14 days.
Clause 65
makes a consequential amendment to section 18 of the IL Act to
provide for impounded abandoned livestock.
Clause 66
amends section 21 of the IL Act to expressly include re-housing
as an option for councils who may dispose of impounded
livestock and to include a consequential amendment to cover
the situation of abandoned impounded livestock.
Clause 67
amends section 22 of the IL Act to incorporate amendments
relating to impounded abandoned livestock.
Clause 68
amends the heading to Part 4 of the IL Act.
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Clause 69
inserts new sections 25A and 25B into the IL Act.
New section 25A makes it an offence if livestock are found
trespassing after a notice has been served on the owner
objecting to the trespass of livestock under new section 16A.
New section 25B makes it an offence if the owner of livestock
fails to comply with a notice under new section 16B requiring
steps to be taken to ensure livestock are adequately confined.
Clause 70
amends the heading to Part 5 of the IL Act as a result of the
restructuring of this Part.
Clause 71
amends section 26 of the IL Act to clarify that it applies to any
livestock impounded under the IL Act.
Clause 72
inserts a new heading to create a new Part 5A and a new
Division 1 of Part 5A of the IL Act.
Clause 73
amends section 33 of the IL Act to provide that the definition of
money for the purposes of section 33 includes a fine recovered
where proceedings are brought under the whole Act, not just
Part 4.
Clause 74
inserts new section 33A into the IL Act, which sets out who
may file a charge for an offence against the IL Act or the
regulations.
Clause 75
inserts new Division 2 of new Part 5A and new sections 33B,
33C and 33D.
New section 33B provides an authorised officer with the power
to serve an infringement notice in respect of certain offences
against the IL Act and prescribed offences against the
regulations.
New section 33C makes the offences for which an infringement
notice may be served under the IL Act an infringement offence
within the meaning of the Infringements Act 2006.
New section 33D provides for regulations to set the penalty to
apply when an infringement notice is issued and that the penalty
cannot exceed 5 penalty units or the maximum penalty for the
offence.
Clause 76
substitutes section 34 of the IL Act to allow regulations to be
made relating to infringement notices, fees and forms and to
allow the regulations to include provisions that differ according
to circumstances, incorporate documents and impose penalties
of up to 20 penalty units for contravention of the regulations.
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PART 4—AMENDMENTS TO THE PREVENTION OF
CRUELTY TO ANIMALS ACT 1986
Clause 77
amends the Prevention of Cruelty to Animals Act 1986 (the
POCTA Act) to—

insert definitions into section 3(1) of that Act of dock,
general inspector, POCTA inspector, prohibited
procedure, rodeo licence, rodeo permit, rodeo school
permit and specialist inspector;

repeal the definition of animal in section 3(1) of that
Act and insert a new definition of animal in new section
3(3) of the POCTA Act, which defines an animal other
than for purposes of Part 3.
Clause 78
repeals section 5 of the POCTA Act, which contains redundant
repeal and transitional provisions and amends section 6(1A) of
that Act as a consequence of the insertion of new Part 2A by
clause 95.
Clause 79
amends section 8 of the POCTA Act to—
Clause 80

substitute the definition of rodeo school to change the
definition from being premises based to activity based;
and

repeal the definitions of inspector, permit and specialist
inspector, as a consequence of the insertion of the new
definitions in section 3(1) of the POCTA Act by
clause 77; and

repeal section 8(2), which is an interpretative provision
relating to the definition of animal that is no longer
required as a consequence of the new definition of
animal in new section 3(3) of the POCTA Act.
amends section 9(1) of the POCTA Act to make it an offence to
carry out a prohibited procedure on an animal and to increase
the maximum penalty for cruelty offences from 60 penalty units
or 6 months imprisonment to 120 penalty units or 12 months
imprisonment for a natural person and 600 penalty units for a
body corporate.
The new definition of prohibited procedure includes cropping
the ears of a dog, debarking a dog, docking the tail of a dog or
horse, thermocautery of firing of a horse, grinding, clipping or
trimming of teeth of a sheep using an electrical or motorised
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device, removing the claws of a cat and removing the venom
sacks of a reptile.
The new offence will replace the current prohibitions on
cropping the ears of a dog, debarking a dog and tail docking of
horses currently set out in section 9 of the POCTA Act and the
tail docking of dogs and firing of horses currently included in
the Prevention of Cruelty to Animals Regulations 1997.
Clause 81
amends section 10(1) of the POCTA Act to increase the
maximum penalty for aggravated cruelty from 120 penalty
units or 12 months imprisonment to 240 penalty units or 2 years
imprisonment for a natural person and 1200 penalty units for a
body corporate.
Clause 82
inserts new section 11A into the POCTA Act to make it an
offence for a person in charge of an animal to allow a prohibited
procedure to be carried out on the animal or to show or exhibit
or allow another person to show or exhibit an animal on which a
prohibited procedure has been carried out.
Clause 83
amends section 12 of the POCTA Act to—

increase the maximum period for which a court may by
order disqualify a person from being in charge of an
animal of a kind or class of animal from 5 years to
10 years if a person has been convicted of an offence
against the POCTA Act considered by the court to be
of a serious nature;

make the disqualification apply to a person in charge
of an animal instead of a person having custody of an
animal;

allow the court, at the same time as making an order
disqualifying a person from being in charge of an
animal, to make an order allowing a POCTA inspector
to enter premises of the person to search for, seize and
dispose of an animal the holding of which would be in
contravention of an order under this section, if satisfied
that there are reasonable grounds that the person is
holding such an animal on the premises;

clarify that it is an offence for a person, who is subject
to an order made under this section, to not comply with
it;
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
Clause 84
Clause 85
increase the maximum penalty for contravention of an
order under section 12(1) from 60 penalty units or
6 months imprisonment to 240 penalty units or 2 years
imprisonment.
amends section 12A(8) of the POCTA Act to—

clarify that a person who is subject to an interstate order
under section 12A must comply with the order;

increase the maximum penalty in section 12A(8) of the
POCTA Act from 60 penalty units or 6 months
imprisonment to 240 penalty units or 2 years
imprisonment for contravention of an interstate order.
These orders are made under interstate laws that
substantially correspond with section 12 of the POCTA
Act.
increases the maximum penalties in section 13 of the POCTA
Act—

for baiting or luring an animal from 120 penalty units or
12 months imprisonment to 240 penalty units or 2 years
imprisonment for a natural person and 1200 penalty
units for a body corporate;

for attending an event at which an animal is encouraged
to fight another animal from 60 penalty units to
120 penalty units.
Clause 86
increases the maximum penalty in section 14 of the POCTA Act
for trap shooting of birds from 120 penalty units or 12 months
imprisonment to 240 penalty units or 2 years imprisonment for
a natural person and 1200 penalty units for a body corporate.
Clause 87
substitutes new section 15 of the POCTA Act, which sets out
requirements for selling traps and inserts new section 15AB,
which sets out requirements for setting and using traps.
Clause 88
amends section 15A(2) of the POCTA Act to increase the
maximum penalty for driving a motor vehicle with an unsecured
dog on a tray or trailer from 5 penalty units to 10 penalty units.
16
Clause 89
inserts new sections 15B and 15C into the POCTA Act.
Proposed new section 15B makes the offence for driving a
motor vehicle with an unsecured dog on a tray or trailer an
operator onus offence for the purposes of Part 6AA of the Road
Safety Act 1986. The operator onus provisions provide a
mechanism to determine who is held responsible for the offence
where the identity of the offender is not established at the time
the offence is detected which is common with vehicle related
offences.
Proposed new section 15C makes it an offence to intentionally
or recklessly allow an animal with a heritable defect listed in
Schedule 2 to the Bill to breed. A person who sells or disposes
of an animal with a heritable defect must advise the person
receiving the animal that the animal has a heritable defect
before the sale or disposal.
Clause 90
substitutes Division 2 of Part 2 of the POCTA Act which relates
to rodeos with a new Division 2 of Part 2.
New section 16 makes it an offence to operate a rodeo without a
rodeo licence or rodeo permit or to operate a rodeo school
without a rodeo school permit.
New section 17 allows the Department Head to licence a person
to operate rodeos.
New section 17A allows the term of a licence (up to 12 months)
to be specified in the licence.
New section 17B allows the Department Head to issue rodeo
permit or rodeo school permit.
New section 17C sets out the requirements for an application
for a rodeo licence, rodeo permit or rodeo school permit.
New section 17D sets out the grounds on which the Department
Head my refuse to issue a rodeo licence, rodeo permit or rodeo
school permit.
New section 17E provides for conditions to be imposed on
rodeo licences, rodeo permits and rodeo school permits either
by the Department Head or as prescribed by regulations. It is an
offence to fail to comply with a condition imposed on a licence
or permit by the Department Head, the maximum penalty being
120 penalty units for a natural person or 600 penalty units for a
body corporate.
New section 17F allows the Department Head to vary a rodeo
licence, rodeo permit or rodeo school permit.
17
New section 17G allows the Department Head to serve a notice
proposing to cancel a rodeo licence, rodeo permit or rodeo
school permit if satisfied that there may be grounds for
cancellation.
New section 17H provides for the holder of a rodeo licence,
rodeo permit or rodeo school permit who has received a notice
proposing to cancel the licence or permit to make written
submissions on the proposal.
New section 17I sets out the powers of the Department Head to
cancel a rodeo licence, rodeo permit or rodeo school permit or
to require the licence or permit holder to take specified action.
Clause 91
substitutes the heading to Division 3 of Part 2 of the POCTA
Act.
Clause 92
amends section 18 of the POCTA Act to—

refer to the new defined term general inspector instead
of inspector;

refer to the new title Domestic Animals Act 1994
instead of the DFNA Act.
Clause 93
amends section 19 of the POCTA Act, including the heading, to
refer to the new defined term POCTA inspector instead of
inspector and specialist inspector.
Clause 94
amends section 20 of the POCTA Act, including the heading, to
refer to the new defined term POCTA inspector instead of
inspector and specialist inspector.
Clause 95
substitutes new Part 2A of the POCTA Act for sections 21
to 24Q of that Act.
New section 21 defines ruminant and sample for the purposes
of new Part 2A.
New section 22 gives a POCTA inspector the power to seize an
abandoned animal in a public place. This is currently provided
for in section 21(1)(d) of the POCTA Act.
New section 23 sets out the emergency situations in which a
POCTA inspector may enter premises that is not a person's
dwelling and carry out certain activities including inspecting,
examining and caring for animals on the premises.
These situations are currently set out in section 21(1) of the
POCTA Act.
18
New section 24 gives power to a POCTA inspector to enter
premises that is not a person's dwelling and seize or destroy
abandoned animals. This new provision incorporates some
powers currently included in section 21(1) of the POCTA Act.
New section 24A sets out additional powers of a POCTA
inspector that may be exercised during an emergency entry.
These powers are currently provided for in section 21(2C) of
the POCTA Act.
New section 24B allows a POCTA inspector to recover
reasonable costs as a civil debt for food or water provided to an
animal under new section 23(2). This is currently provided for
in section 21(2) of the POCTA Act.
New section 24C sets out the powers and obligations of a
POCTA inspector in obtaining veterinary treatment for an
animal. Section 21(2A) and 21(2B) of the POCTA Act
currently provide for this.
New section 24D sets out the emergency powers of veterinary
practitioners and superintendents of saleyards as currently set
out in section 22 of the POCTA Act.
New section 24E sets out the powers of the Minister to serve
notice that the Minister intends to seize an animal that is likely
to become distressed or disabled. This is currently provided for
in section 24A of the POCTA Act.
New section 24F sets out the powers of a specialist inspector to
seize and dispose of an animal on the authorisation of the
Minister following the service of a notice that the Minister
intends to seize an animal under new section 24E. This power
is currently set out in section 24A of the POCTA Act.
New section 24G sets out requirements for the application and
granting of search warrants to a POCTA inspector to enter
premises and search for, seize, retain, examine, feed and water,
free, take samples from and take photographs of animals.
Section 21A of the POCTA Act currently sets out these
requirements.
New section 24H allows the Magistrates' Court to extend the
time period specified in a warrant under section 24G for the
return of an animal if satisfied that the retention of the animal is
necessary for its welfare. This is currently provided for in
section 24I of the POCTA Act.
New section 24I defines thing for the purposes of Division 4 of
Part 2A of the POCTA Act to include animals.
19
New section 24J sets out the powers of a POCTA inspector to
seize, inspect, measure or take photographs of a thing
reasonably believed to have been used in connection with an
offence against the Act or regulations. This power is currently
set out in section 21D of the POCTA Act.
New section 24K sets out requirements for the application and
granting of search warrants to enter premises, including
residential premises, and search for, seize, secure, examine and
take photographs of things named or described in the warrant.
New section 24L sets out additional powers of entry for a
specialist inspector with the prior written authority of the
Minister. These powers are currently set out in section 22A of
the POCTA Act.
New section 24M sets out certain requirements for all search
warrants issued under new Part 2A of the POCTA Act.
New section 24N sets out the application of the Magistrates'
Court Act 1989 in relation to search warrants under new
Part 2A.
New section 24O sets out the requirements for a POCTA
inspector to announce entry to premises before executing a
search warrant.
New section 24P sets out requirements for a POCTA inspector
to provide details of a search warrant to the occupier.
New section 24Q sets out the circumstances in which a POCTA
inspector may seize things not mentioned in the warrant or to
take a sample from a thing not mentioned in the warrant.
New section 24R sets out the duties of a person who seizes an
animal under new Part 2A to take reasonable steps to identify
and contact the owner or person in charge of the animal.
New section 24S sets out steps that must be taken by a person
who seizes an animal where the welfare of the animal is not at
risk to serve a notice of seizure on the owner or person in
charge of the animal. This section is based on current sections
21CA(2) and 21E of the POCTA Act.
New section 24T sets out the steps that must be taken by an
owner or person in charge to recover their seized animal where
the welfare of the animal is not at risk.
New section 24U sets out steps that must be taken by a person
who seizes an animal where the welfare of the animal is at risk.
20
New section 24V allows an animal seized under new section
24G to continue to be held beyond the time period set out in the
warrant if a notice of seizure has been served under section 24U
to enable an application to the Magistrates' Court for costs or to
dispose of the animal.
New section 24W allows a seized animal to be disposed of if
the owner or person in charge of an animal has not made
contact with the relevant inspector within 7 days or 14 days
(as the case requires) of a notice of seizure being served.
New section 24X allows a person who seized an animal to
apply, in specified circumstances, to the Magistrates' Court for
an order for the owner or person in charge of the animal to pay
a bond or security for the costs to care for and maintain the
animal or an order to dispose of the animal.
New section 24Y sets out the methods by which an animal may
be disposed of if new Part 2A authorises disposal of the animal.
New section 24Z sets out the circumstances in which a POCTA
inspector may destroy a seized animal that is diseased etc.
New section 24ZA sets out requirements which apply if an
animal is to be disposed of by sale. These requirements are
currently set out in sections 24B and 24N of the POCTA Act.
New section 24ZB sets out how the proceeds of any sale of an
animal under new Division 6 of Part 2A are to be applied.
New section 24ZB(1) provides that a person who sells an
animal under new Part 2A must apply the proceeds to the costs
of maintenance, care, removal, transport and sale of the animal
and any balance must then go to the owner (unless he or she is
in contravention of certain offences) or the Consolidated Fund.
New section 24ZB(2) provides that any outstanding amount
for costs may be recovered from the owner of the animal where
the proceeds of the sale of an animal are not enough to satisfy
costs incurred. These requirements are currently set out in
sections 24N and 24P of the POCTA Act.
New section 24ZC sets out how the proceeds of any destruction
of an animal under new Division 6 of Part 2A are to be applied.
New section 24ZC(1) allows a person who destroys an animal
under new Part 2A to recover the costs of maintenance, care,
removal, transport and destruction of the animal from the owner
as a civil debt.
21
New section 24ZC(2) provides that the proceeds of any
destruction of an animal must be applied to the costs in the
maintenance, care removal, transport and destruction of the
animal and any balance must then go to the owner (unless he or
she is in contravention of certain offences) or the Consolidated
Fund. The current relevant provision is section 24P of the
POCTA Act.
New section 24ZD provides a court with the power to order the
forfeiture an animal seized in relation to an offence against the
POCTA Act or regulations under that Act for which a person
has been found guilty. Section 21M of the POCTA Act
currently provides for forfeiture of seized animals.
New section 24ZE defines thing for the purposes of Division 7
of Part 2A of the POCTA Act so that it does not include
animals.
New section 24ZF sets out requirements for a POCTA inspector
to issue a receipt for a thing seized under new Part 2A. This is
currently provided for in section 21E of the POCTA Act.
New section 24ZG sets out requirements for a POCTA
inspector to provide the owner or custodian of a document,
thing or information that can readily be copied with a copy of
that thing or information. Section 21F of the POCTA Act
currently sets out these obligations.
New section 24ZH sets out the circumstances in which a
POCTA inspector who has seized a thing under new Part 2A
may allow the person who would normally be entitled to
possession of the thing reasonable access to the thing. This is
currently covered by section 21G of the POCTA Act.
New section 24ZI sets out the procedures for seeking the return
of a thing seized by a POCTA inspector under new Part 2A
before the commencement of proceedings for an offence in
relation to the seized thing. Section 21H of the POCTA Act
currently sets out these procedures.
New section 24ZJ provides for the return of seized things other
than a thing for which the possession, use, setting or sale of is
an offence against the Act or regulations or is forfeited to the
Crown under new section 24ZN. Section 24I of the POCTA
Act currently provides for the return of seized things.
New section 24ZK sets out the circumstances in which the
Magistrates' Court may extend the period during which a
POCTA inspector may retain a seized thing. This is currently
provided for in section 21J of the POCTA Act.
22
New section 24ZL sets out the mechanism for resolving a
dispute as to who is entitled to the return of a seized thing.
This is currently provided for in section 21K of the POCTA
Act.
New section 24ZM provides for an unclaimed seized thing to be
sold or destroyed in certain circumstances. This is currently
provided for in section 21L of the POCTA Act.
New section 24ZN provides a court with the power to order the
forfeiture to the Crown of a seized thing that was used by a
person found guilty of an offence against the POCTA Act or
regulations under that Act in connection with that offence.
Section 21M of the POCTA Act currently provides for
forfeiture of seized things.
New section 24ZO provides for a POCTA inspector to take and
keep samples of or from an animal or a thing. The current
powers and requirements relating to samples are in sections
21(2D) and 21(2E) of the POCTA Act.
New section 24ZP sets out the circumstances in which a
POCTA inspector may issue a notice requiring the owner or
person in charge of an animal to ensure that the offence which
the inspector believes is being or about to be committed is not
committed or that the commission of the offence ceases.
Section 24J of the POCTA Act currently provides for the
issuing of a notice to comply.
New section 24ZQ sets out the powers of a POCTA inspector
to require a person to provide information when exercising a
power of entry under new Part 2A.
New section 24ZR makes it an offence to obstruct or intimidate
a POCTA inspector, refuse admission to a POCTA inspector
exercising a power of entry or a person assisting the inspector
or to contravene any direction or requirement of a POCTA
inspector. These offences are currently set out in section 23 of
the POCTA Act.
New section 24ZS makes it an offence to assault, obstruct,
hinder, threaten, abuse, insult, intimidate or attempt to obstruct
or intimidate a veterinary practitioner or superintendent of a
saleyard. It is also an offence to contravene any direction or
requirement of a veterinary practitioner or superintendent of a
saleyard. These offences are currently set out in section 23 of
the POCTA Act.
23
New section 24ZT provides the power for a POCTA inspector
to request the name and address of a person who the inspector
believes on reasonable grounds has committed an offence
against Part 2 or new Part 2A. This section also sets out
requirements relating to that power and offences for noncompliance with requests for information. These matters are
currently provided for in section 23A of the POCTA Act.
New section 24ZU requires a POCTA inspector to produce
proof of his or her identity before exercising a power to request
a person's name and address or, upon request, while exercising
that power. This requirement is currently set out in section 23B
of the POCTA Act.
New section 24ZV sets out the circumstances in which the
privilege against self-incrimination applies.
New section 24ZW sets out who can file a charge for an offence
against Part 2 or new Part 2A of the POCTA Act or an offence
under the regulations relating to those Parts.
Clause 96
inserts a definition of animal into section 25 of the POCTA Act
for the purposes of Part 3 of the POCTA Act, which relates to
scientific procedures.
Clause 97
increases the maximum penalty for the offences in section 26
of the POCTA Act from 60 penalty units or 6 months
imprisonment to 120 penalty units or 12 months imprisonment
for a natural person and from 120 penalty units to 600 penalty
units for a body corporate.
Clause 98
increases the maximum penalty for the offences in section 27
of the POCTA Act from 60 penalty units or 6 months
imprisonment to 120 penalty units or 12 months imprisonment
for a natural person and from 120 penalty units to 600 penalty
units for a body corporate.
Clause 99
increases the maximum penalty for the offences in section 28 of
the POCTA Act from 10 penalty units to 20 penalty units for a
natural person and from 60 penalty units to 120 penalty units
for a body corporate.
Clause 100 increases the maximum penalty for the offences in section 32
of the POCTA Act from 60 penalty units or 6 months
imprisonment to 120 penalty units or 12 months imprisonment
for a natural person and from 120 penalty units to 600 penalty
units for a body corporate.
24
Clause 101 increases the maximum penalty for the offences in section 32D
of the POCTA Act from 60 penalty units or 6 months
imprisonment to 120 penalty units or 12 months imprisonment
for a natural person and from 120 penalty units to 600 penalty
units for a body corporate.
Clause 102 increases the maximum penalty for the offences in section 32H
of the POCTA Act from 10 penalty units to 20 penalty units for
a natural person and from 60 penalty units to 120 penalty units
for a body corporate.
Clause 103 increases the maximum penalty for the offences in section 36
of the POCTA Act from 60 penalty units or 6 months
imprisonment to 120 penalty units or 12 months imprisonment
for a natural person and from 120 penalty units to 600 penalty
units for a body corporate.
Clause 104 repeals section 37 of the POCTA Act as the time period in
which a scientific procedures offence can be filed will be dealt
with in new section 41AC to be inserted by clause 107 of the
Bill.
Clause 105 amends section 38 of the POCTA Act to allow the Minister or
Department Head to delegate to any person any of their powers,
duties or functions under the Regulations under the POCTA
Act.
Clause 106 repeals sections 41(3), 41(4) and 41(6) of the POCTA Act.
These matters are now provided for in new sections 41AA and
41AB inserted by clause 107 of the Bill.
Clause 107 inserts new sections 41AA, 41AB and 41AC into the POCTA
Act.
New section 41AA sets out the liability of an officer of a body
corporate where a body corporate contravenes a provision of the
POCTA Act.
New section 41AB sets out what is required to establish the
state of mind of a body corporate or a person in proceedings
under the POCTA Act and when conduct engaged in on behalf
of a body corporate or a person can be deemed to have also
been engaged in by the body corporate or person.
New section 41AC extends the period for the commencement of
proceedings for an offence under section 9 (cruelty offences),
section 10 (aggravated cruelty) and Part 3 (scientific
procedures) of the POCTA Act or any regulations relating to
Part 3 from 12 months to 3 years.
25
Clause 108 amends the regulation making powers in section 42(1) of the
POCTA Act to enable regulations to be made to support the
amendments in the Bill in relation to traps and rodeo licences,
rodeo permits and rodeo school permits. Clause 108 also
increases the maximum penalty which may be set by the
regulations for an offence in the regulations from 10 penalty
units to 20 penalty units.
Clause 109 amends new section 24Y of the POCTA Act to change the
reference to the DFNA Act to the Domestic Animals Act 1994.
Clause 110 provides that the POCTA Act is amended as set out in
Schedule 2 to the Bill. Schedule 2 replaces the existing
Schedule to the POCTA Act (which is redundant) with a new
Schedule which lists the diseases for dogs and cats for the
purposes of the definition of heritable defect in new
section 15C.
PART 5—AMENDMENTS TO THE OMBUDSMAN ACT 1973
Clause 111 makes a consequential amendment to section 13(2AC) of the
Ombudsman Act 1973 to reflect the change of title to the
DFNA Act.
Clause 112 makes a consequential amendment to section 17(1) of the
Ombudsman Act 1973 to reflect the change of title to the
DFNA Act.
PART 6—REPEAL OF AMENDING ACT
Clause 113 provides for the automatic repeal of this amending Act on
1 December 2010. As suggested by the Scrutiny of Acts and
Regulations Committee, all amending Acts now contain an
automatic repeal provision, which will save the time and
expense of having to repeal amending Acts in statute law
revision Bills. The repeal of this Act does not affect in any
way the operation of the amendments made by this Act
(see section 15(1) of the Interpretation of Legislation Act
1984).
26