2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Domestic Animals Amendment Bill 2009

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	New section 55A	2
	5	Seizure—attacking and harassing dogs 
Section 59	3
	6	Seizure of cats
Section 86 (2)	3
	7	Sections 89 and 90	3
	8	Returning seized cat to its keeper
Section 92 (5)	4
	9	Guidelines about returning seized cats
Section 93 (1)	4
	10	Entry to premises for nuisance animal
Section 114A (5)	4
	11	Powers on entry
Section 114B, note	4
	12	Identity cards
Section 124 (1) (b)	5
	13	Search warrants
Section 133 (5)	5
	14	New section 158	5
	15	Dictionary, definition of authorised officer	5
	16	Further amendments, mentions of authorised officer	6
	17	Further amendments, mentions of the officer	6
	18	Further amendments, mentions of authorised officers	7
Schedule 1	Consequential amendments	8
Part 1.1	Domestic Animals Regulation 2001	8
Part 1.2	Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005	8

2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Territory and Municipal Services)
Domestic Animals Amendment Bill 2009

A Bill for
An Act to amend the Domestic Animals Act 2000, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Domestic Animals Amendment Act 2009.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Domestic Animals Act 2000.
Note	This Act also amends other legislation (see sch 1).
4	New section 55A
in division 2.6, insert
55A	Access to information about dog attacks
	(1)	This section applies if—
	(a)	the registrar is satisfied that a person (the victim) has suffered injury or other loss because a dog has attacked or harassed the victim or the victim’s animal; and
	(b)	the registrar holds information about the attack or harassment; and
	(c)	the information would help the victim identify the owner of the dog.
	(2)	If an application is made by a relevant person to the registrar for access to the information, the registrar must give the applicant  the information.
Note	If a form is approved under s 147 for this provision, the form must be used.
	(3)	Each of the following is a relevant person:
	(a)	the victim; 
	(b)	the victim’s legal representative; 
	(c)	if the victim does not have legal capacity—the victim’s parent or guardian;
	(d)	anyone the registrar reasonably believes is a person mentioned in paragraph (a), (b) or (c).
5	Seizure—attacking and harassing dogs 
Section 59
omit
the officer
substitute
the authorised person 
6	Seizure of cats
Section 86 (2)
omit
the officer
substitute
the authorised person 
7	Sections 89 and 90
omit
the officer or provider
substitute
the authorised person or approved provider
8	Returning seized cat to its keeper
Section 92 (5)
omit
the officer
substitute
the authorised person 
9	Guidelines about returning seized cats
Section 93 (1)
omit
authorised officer’s
substitute
authorised person’s
10	Entry to premises for nuisance animal
Section 114A (5)
omit
authorised officer’s
substitute
authorised person’s
11	Powers on entry
Section 114B, note
omit
the officer’s
substitute
the authorised person’s
12	Identity cards
Section 124 (1) (b)
substitute
	(b)	the name of the person, or any unique number given to the authorised person by the chief executive for this section; and
13	Search warrants
Section 133 (5)
omit
the officer
substitute
the authorised person
14	New section 158
insert
158	Authorised officers to continue to exercise functions under Act—transitional
	(1)	A person appointed as an authorised officer under section 123 (Authorised people) before the commencement of the Domestic Animals Amendment Act 2009 is taken to be an authorised person.
	(2)	This section expires 3 months after the day it commences.
	(3)	This is a provision to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
15	Dictionary, definition of authorised officer
substitute
authorised person means an authorised person under section 123, and includes the registrar and a deputy registrar.
16	Further amendments, mentions of authorised officer
omit
authorised officer
substitute
authorised person
in
·	section 45 (6)
·	section 54 (1)
·	sections 56 to 59
·	section 79
·	sections 86 and 87
·	sections 89 to 93
·	sections 114 to 114B
·	sections 116 and 117
·	sections 123 to 125
·	sections 128 to 134
17	Further amendments, mentions of the officer
omit
the officer
substitute
the authorised person or police officer
in
·	section 54 (1)
·	sections 116 and 117
·	section 134 (1)
18	Further amendments, mentions of authorised officers
omit
authorised officers
substitute
authorised people
in
·	section 123 heading
·	division 9.2 heading
·	dictionary, definition of connected
·	dictionary, definition of enter
·	dictionary, definition of offence

Schedule 1	Consequential amendments
(see s 3)
Part 1.1	Domestic Animals Regulation 2001
[1.1]	Section 15 heading
substitute
15	Identifying microchip to be implanted only by vet or authorised identifier
Part 1.2	Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
[1.2]	Section 14
omit
An authorised officer
substitute
A person appointed as an authorised person under the Domestic Animals Act 2000, section 123 (Authorised people)
[1.3]	Dictionary, definition of authorised officer
omit

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2009.
2	Notification
	Notified under the Legislation Act on	2009.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2009