Australian Capital Territory
Civil Liability (Animals) Act 1984      No 36
Republication No 3
Republication date: 10 July 2002
Last amendment made by Act 1993 No 44
Amendments incorporated to 27 August 1993

Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Civil Liability (Animals) Act 1984 as in force on 10 July 2002.  It includes any amendment, repeal or expiry affecting the republished law to 27 August 1993 and any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
27 August 1993

Australian Capital Territory
Civil Liability (Animals) Act 1984

Contents
	Page

	1	Name of Act	2
	3	Definitions for Act	2
	4	Abolition of action of cattle-trespass	2
	5	Abolition of distress damage feasant	2
	6	Abolition of rules relating exclusively to liability for damage by an animal	2
	7	Abolition of rule in Rylands v. Fletcher	3
	8	Evidence of breach of duty in certain cases	3
	9	Application	3
Endnotes
	1	About the endnotes	5
	2	Abbreviation key	5
	3	Legislation history	6
	4	Amendment history	6
	5	Earlier republications	7

Amendments incorporated to
27 August 1993

Australian Capital Territory
Civil Liability (Animals) Act 1984

An Act relating to civil liability for damage caused by animals

    

1	Name of Act
This Act is the Civil Liability (Animals) Act 1984.
3	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
liability means liability for damages for tort.
premises includes any land or building, any structure (whether movable or otherwise) erected on any land and any vehicle, vessel or aircraft.
4	Abolition of action of cattle-trespass
	(1)	The common law action of cattle-trespass is abolished.
	(2) 	Nothing in this section affects—
	(a)	the common law action for trespass committed by a person by means of cattle; or
	(b)	the law relating to liability of an occupier of land for death, or injury to, cattle trespassing on the land.
5	Abolition of distress damage feasant
The common law remedy of distress of an animal damage feasant is abolished.
6	Abolition of rules relating exclusively to liability for damage by an animal
The common law rule known as the rule in Searle v. Wallbank and all other common law rules relating exclusively to liability for damage caused by an animal (including any rule relating to the nature or propensity of an animal, or a class of animals, or knowledge of that nature or propensity) are abolished.
7	Abolition of rule in Rylands v. Fletcher
The common law rule known as the rule in Rylands v. Fletcher is abolished to the extent to which the rule applies to or in relation to damage caused by the escape of animals.
8	Evidence of breach of duty in certain cases
	(1)	Subject to subsection (2), if—
	(a)	an animal is in or on any premises and the occupier of the premises—
	(i)	may not lawfully prevent the animal from being in or on the premises; or
	(ii)	has not consented to the presence of the animal in or on the premises; and
	(b)	a person other than the occupier of the premises was, at the time the animal was in or on the premises, under a duty to another person to take reasonable care that the other person would not be subjected to the danger of the animal causing damage to the other person; and
	(c)	the animal causes damage to that other person while it is in or on the premises;
the fact that the animal was in or on the premises when the damage was caused is evidence of breach of the duty.
	(2) 	Subsection (1) does not apply—
	(a)	if the premises concerned are a place that is open to or used by the public as a road; or
	(b)	if the animal concerned is a dog or cat.
9	Application
	(1)	Section 4 does not apply to a case of cattle-trespass if the cause of action accrued before the commencement of this Act.
	(2) 	Section 5 does not apply to or in relation to the distraint of an animal damage feasant before the commencement of this Act.
	(3) 	Sections 6, 7 and 8 do not apply to or in relation to any question of liability if the acts or omissions giving rise to that question occurred before the commencement of this Act.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
3	Legislation history
This Act was originally a Commonwealth ordinance—the Civil Liability (Animals) Ordinance 1984 No 36 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
	Legislation before becoming Territory enactment
Civil Liability (Animals) Act 1984 No 36
notified 23 July 1984
commenced 23 July 1984
as amended by
	Legislation after becoming Territory enactment
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
commenced 27 August 1993 (s 2 and see Gaz 1993 No S165)
4	Amendment history
Ordinance to bind Crown
s 2	om 1993 No 44 sch 2

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	31 July 1991	
2	Act 1993 No 44	31 January 1994	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002