Australian Capital Territory
Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017
A2017-46
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Domestic Animals Act 2000
	4	Offences against Act—application of Criminal Code etc
Section 4A, note 1	3
	5	Section 4A, note 1, new dot points	3
	6	Section 4A, note 1	3
	7	Section 4A, note 1	4
	8	Section 4A, note 1, new dot points	4
	9	New section 4B	4
	10	Section 7	5
	11	Section 11 heading	5
	12	Section 11 (1) (b)	6
	13	Section 11 (3)	6
	14	Section 11 (4)	6
	15	Change of keeper
Section 12 (1) and (2), penalty	6
	16	Section 13	6
	17	Unregistered dogs
Section 14 (1), penalty	7
	18	Tag offences
Section 15	7
	19	Evidence of registration or non-registration
Section 17 (1)	7
	20	Section 18	8
	21	Multiple dog licences—approval or refusal
Section 20 (1)	9
	22	New section 20 (2) (d)	9
	23	New section 20 (3) (g)	9
	24	Multiple dog licences—conditions
New section 21 (2) (d)	9
	25	New section 21 (5)	9
	26	Declarations—dangerous dogs
Section 22 (1) (a)	10
	27	Declarations—dangerous dogs
New section 22 (1) (aa)	10
	28	Section 22 (2)	10
	29	Licensing of keepers of dangerous dogs
Section 23 (1), penalty	10
	30	Dangerous dog licences—applications
New section 24 (3) and (4)	11
	31	Dangerous dog licences—approval or refusal
New section 25 (1A)	11
	32	Section 25 (2) (f)	12
	33	Section 25 (3)	12
	34	Dangerous dog licences—conditions
New section 26 (1A)	12
	35	Section 26 (2) (b)	12
	36	Section 26 (2) (c)	13
	37	Dangerous dogs in public places
Section 27 (1) and (2), penalty	13
	38	Section 28	13
	39	Special licences—renewals
Section 32 (2)	14
	40	Variation of special licences
Section 33 (3) (c)	15
	41	Section 33 (7)	15
	42	Cancellation of special licences
Section 36 (1)	16
	43	Section 36 (2) (c)	16
	44	Prohibited areas
Section 42 (1), penalty	17
	45	Section 42 (2), (3) and (4), penalty	17
	46	Section 44	17
	47	Dogs on private premises to be restrained
Section 45 (1) and (3), penalty	18
	48	Section 45 (5), penalty	19
	49	Removal of faeces
Section 46 (2), penalty	19
	50	Female dogs on heat
Section 47 (1), penalty	19
	51	Division 2.6 heading	19
	52	Dog attacks or harasses person or animal
Section 49A (4) (c)	20
	53	Section 49A (5) and note	20
	54	Dog attacks person or animal causing serious injury
Section 50 (1) (e) and (2) (e)	21
	55	Section 50 (3) (c)	21
	56	Section 50 (4), (5) and (6)	21
	57	Dangerous dog attacks or harasses person or animal
Section 50A (2) (e)	22
	58	Section 50A (3) (c)	23
	59	Section 50A (4), (5) and (6)	23
	60	New section 50B	23
	61	New section 51A	24
	62	Costs of impounding dogs
Section 52 (3)	24
	63	New sections 53A to 53E	24
	64	Inspection of attacking or harassing dogs
Section 54	29
	65	New section 55B	29
	66	Seizure of dogs—general
New section 56 (aa) and (ab)	30
	67	Section 56 (b)	30
	68	Section 56 (f) and (g)	30
	69	New section 56 (2) and (3)	30
	70	New section 56A	31
	71	Seizure—dangerous dogs
Section 57	32
	72	Section 58	32
	73	Sections 59 and 60	33
	74	Information to be given in notice of dog’s seizure
Section 61	34
	75	Releasing dogs seized under general seizure power
Section 62 (2) (d)	35
	76	New section 62 (2) (g) and (h)	35
	77	Section 62 (3) (a)	35
	78	Section 62 (3) (c)	35
	79	New section 62 (4)	36
	80	Section 63 heading	36
	81	Section 63 (1) and note	36
	82	Section 63 (2) (d)	36
	83	Section 63 (2) (e)	36
	84	Section 63 (2) (f)	37
	85	New section 63 (2) (i) and (j)	37
	86	Section 63 (2), note	37
	87	Section 63 (3) (a)	37
	88	Section 63 (3) (c)	37
	89	New section 63 (4)	38
	90	Releasing dogs seized under attacking and harassing power
Section 64 (1)	38
	91	New section 64 (2) (g) and (h)	38
	92	Section 64 (3) (a)	38
	93	Section 64 (3) (c)	39
	94	New section 64 (4)	39
	95	Section 65	39
	96	New section 65A	40
	97	Section 66 heading	41
	98	Section 66 (1) and note	41
	99	Section 66 (2) (c)	41
	100	Selling or destroying dogs (other than dangerous dogs) seized under multiple dog licence power
Section 67 (2) (c)	42
	101	New section 67A	42
	102	Selling or destroying dangerous dogs generally
Section 68 (2) (c)	43
	103	New section 68A	43
	104	Relinquishing ownership of dogs
Section 69 (1)	44
	105	Returning seized dog to its keeper
Section 70 (4)	45
	106	Offence—breeding dogs or cats without licence
Section 72 (1) (b)	45
	107	Breeding licence—approval or refusal
Section 72B (2)	45
	108	New section 72B (3) (g)	46
	109	Section 72C	46
	110	Breeding licence—conditions
New section 72E (1A)	46
	111	Breeding licence—cancellation
Section 72G (1)	46
	112	Section 72K	47
	113	Offence—surrender of breeding licence
Section 72L	48
	114	Dogs and cats to be de-sexed if over certain age
New section 74 (5) (c)	48
	115	Section 74A	48
	116	Approval or refusal of applications
Section 76 (2)	49
	117	Term of permits
Section 78	49
	118	Production of permits
Section 79 (1)	50
	119	Identification of dogs and cats—requirement
Section 84 (1) and (2), penalty	50
	120	Section 109	50
	121	Offence of animal nuisance
Section 110 (1), penalty	51
	122	Complaints about animal nuisance
Section 111 (2)	51
	123	Issue of nuisance notices
Section 112 (1)	52
	124	Section 112 (1) (b)	52
	125	Section 112 (4) (a) (ii)	52
	126	Sections 114, 114A and 114B	52
	127	Destruction of vicious animals
Section 116 (1)	54
	128	Section 116 (2)	54
	129	Sections 128, 129 and 130	55
	130	Inspection of premises
Section 131	56
	131	Consent to entry
Section 132 (1)	56
	132	Section 132 (4) and (5)	57
	133	Search warrants
Section 133 (6), definition of related thing, paragraph (b)	57
	134	Power to require name and address
Section 134 (3), penalty	57
	135	New section 134A	57
	136	Dishonoured cheques and credit transactions
Section 142	58
	137	Transitional provisions
Part 11	58
	138	Dictionary, note 2	58
	139	Dictionary, new definition of control order	59
	140	Dictionary, definition of registration tag	59
	141	Dictionary, new definition of sell	59
	142	Dictionary, new definition of serious injury	60
Part 3	Domestic Animals Regulation 2001
	143	Dog registration information—Act, s 8
New section 5 (ca)	61
	144	Information on dog registration certificates—Act s 11 (2)
New section 6 (aa)	61
	145	Requirement to be licensed
Section 6A	61
	146	How dogs must be identified—Act, s 83
Section 7 (6)	61
	147	Reviewable decisions
Schedule 1, new item 1A	62
	148	Schedule 1, new items 11A to 11D	62
	149	Schedule 1, new items 13A and 13B	62
	150	Schedule 1, item 28, column 2	62
	151	Dictionary, note 3	62

Australian Capital Territory
Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017
A2017-46

An Act to amend legislation about dangerous dogs

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017.
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 and the Domestic Animals Regulation 2001.

Part 2	Domestic Animals Act 2000
4	Offences against Act—application of Criminal Code etc
Section 4A, note 1
omit
·	s 15 (Tag offences)
5	Section 4A, note 1, new dot points
insert
·	s 18 (Requirement to be licensed if multiple dogs)
·	s 21 (5) (Multiple dog licences—conditions)
·	s 28 (Signs on premises about dangerous dogs)
·	s 44 (Dogs in public places must be controlled)
·	s 50B (Obligations of keeper or carer if dog attacks)
·	s 51A (Provoking dog to attack)
·	s 53E (Offence—failure to comply with control order)
·	s 56A (5) (Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs)
·	s 60 (5) (Impounding of dogs seized)
6	Section 4A, note 1
omit
·	s 72K (Offence—advertising requirements)
substitute
·	s 72K (Offence—selling and advertising requirements)
7	Section 4A, note 1
omit
·	s 74A (Sale of older dogs and cats to be notified if not de-sexed)
substitute
·	s 74A (Sale of older dogs and cats not de-sexed)
8	Section 4A, note 1, new dot points
insert
·	s 79 (Production of permits)
·	s 134A (2) (Inspection of animals)
9	New section 4B
in part 1, insert
4B	Criteria for considering responsible dog or cat management, care or control
For this Act, the registrar in considering whether a person has failed, or is unable, to exercise responsible dog or cat management, care or control—
	(a)	must consider—
	(i)	any conviction or finding of guilt of the person within the last 10 years against a law of a Territory or State for an offence relating to the welfare, keeping or control of an animal; and
	(ii)	any non-compliance with—
	(A)	a special licence held by the person; or
	(B)	a control order issued to the person; and
	(b)	may consider any other relevant matter.
10	Section 7
substitute
7	Registration—approval or refusal
	(1)	If an application for registration has been made in accordance with section 6, the registrar must, by written notice to the applicant—
	(a)	register the dog; or
	(b)	refuse to register the dog.
	(2)	For subsection (1) (b), the registrar—
	(a)	must refuse to register the dog if the applicant is disqualified from keeping a dog or any other animal; or
Note	Section 138A deals with the disqualification of a person from keeping an animal.
	(b)	may refuse to register the dog if—
	(i)	the dog is not implanted with an identifying microchip as required under this Act; or
	(ii)	the dog is not de-sexed as required under this Act; or
	(iii)	the registrar reasonably believes that the applicant has failed, or is unable, to exercise responsible dog management, care or control.
11	Section 11 heading
substitute
11	Registration numbers and certificates
12	Section 11 (1) (b)
omit
and registration tag
13	Section 11 (3)
omit
14	Section 11 (4)
omit
or tag
15	Change of keeper
Section 12 (1) and (2), penalty
omit
5 penalty units
substitute
10 penalty units
16	Section 13
substitute
13	Registration—cancellation
	(1)	The registrar must cancel the registration of a dog if—
	(a)	the keeper of the dog tells the registrar in writing that the dog has died; or
	(b)	the dog is destroyed under this Act; or
	(c)	the keeper of the dog is disqualified from keeping a dog or any other animal.
Note	Section 138A deals with the disqualification of a person from keeping an animal.
	(2)	The registrar may cancel the registration of a dog if—
	(a)	the keeper of the dog tells the registrar in writing that the person is no longer the owner of the dog; or
	(b)	the registrar reasonably believes that the dog’s keeper has failed, or is unable, to exercise responsible dog management, care or control.
17	Unregistered dogs
Section 14 (1), penalty
omit
5 penalty units
substitute
15 penalty units
18	Tag offences
Section 15
omit
19	Evidence of registration or non-registration
Section 17 (1)
omit
(Registration numbers, certificates and tags)
substitute
(Registration numbers and certificates)
20	Section 18
substitute
18	Requirement to be licensed if multiple dogs
	(1)	A person commits an offence if—
	(a)	the person keeps a dog on residential premises; and
	(b)	3 or more other dogs are kept on the premises by the person or another person; and
	(c)	there is no multiple dog licence held by any person to keep the dogs on the premises.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	Subsection (1) does not apply to—
	(a)	a dog under 84 days old if the person holds a breeding licence; or
	(b)	a dog kept by the person for less than 28 days; or
	(c)	a person resident in the ACT for less than 28 days; or
	(d)	a dog kept on land that is under a lease granted for agricultural or grazing purposes; or
	(e)	a dog kept on land that is under a lease that allows for an animal care facility.
Note	The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).
21	Multiple dog licences—approval or refusal
Section 20 (1)
omit
section 18 (Requirement to be licensed)
substitute
section 19
22	New section 20 (2) (d) 
insert
	(d)	the applicant is able to exercise responsible dog management, care and control.
23	New section 20 (3) (g)
insert
	(g)	the safety of the public and other animals.
24	Multiple dog licences—conditions
New section 21 (2) (d)
insert
	(d)	the safety of the public and other animals.
25	New section 21 (5)
insert
	(5)	A person commits an offence if the person fails to comply with a condition of a multiple dog licence.
Maximum penalty:  50 penalty units.
26	Declarations—dangerous dogs
Section 22 (1) (a)
omit
other than residential premises
27	Declarations—dangerous dogs
New section 22 (1) (aa)
insert
	(aa)	the dog has attacked and caused the death of or serious injury to a person; or
28	Section 22 (2) 
substitute
	(2)	The registrar may declare a dog to be a dangerous dog if—
	(a)	the dog has attacked or harassed a person or animal; or
	(b)	the registrar reasonably believes the dog—
	(i)	is aggressive or menacing; and
	(ii)	without being kept in accordance with a dangerous dog licence, would be an unacceptable risk to the safety of the public or other animals.
29	Licensing of keepers of dangerous dogs
Section 23 (1), penalty
omit
50 penalty units
substitute
100 penalty units
30	Dangerous dog licences—applications
New section 24 (3) and (4)
insert
	(3)	The registrar may waive any application fee for a licence to keep a dangerous dog if reasonably satisfied—
	(a)	the dog was declared to be a dangerous dog only for the reason mentioned in section 22 (1) (a); and
	(b)	if the dog is kept in accordance with a dangerous dog licence, it will not be an unacceptable risk to the safety of the public and other animals.
	(4)	A fee determined under section 144 for an application for a licence to keep a dangerous dog declared under section 22 (1) (aa) or (b) or section 22 (2) must be at least 10 times the application fee (if any) for registration of a dog under section 6.
31	Dangerous dog licences—approval or refusal
New section 25 (1A)
insert
	(1A)	The registrar—
	(a)	must refuse to approve the issue of a licence if—
	(i)	the applicant is disqualified from keeping a dog or any other animal; or
	(ii)	the dog is not implanted with an identifying microchip as required under this Act; or
Note	Section 138A deals with the disqualification of a person from keeping an animal.
	(b)	may refuse to approve the issue of a licence if the registrar reasonably believes—
	(i)	there would be an unacceptable risk to the safety of the public or other animals if the licence were issued; or
	(ii)	the applicant has failed, or is unable, to exercise responsible dog management, care or control.
32	Section 25 (2) (f)
substitute
	(f)	the safety of the public and other animals.
33	Section 25 (3)
omit
34	Dangerous dog licences—conditions
New section 26 (1A)
insert
	(1A)	In making a decision whether or not to impose a condition on a dangerous dog licence, the registrar must consider the safety of the public and other animals.
35	Section 26 (2) (b)
substitute
	(b)	requirements about the dog leaving the premises;
36	Section 26 (2) (c)
omit
an approved course
substitute
a course approved in writing by the registrar
37	Dangerous dogs in public places
Section 27 (1) and (2), penalty
omit
10 penalty units
substitute
20 penalty units
38	Section 28
substitute
28	Signs on premises about dangerous dogs
	(1)	The keeper of a dangerous dog must ensure that a warning sign is displayed on all gates and doors at the premises where the dog is kept so that it can be readily seen by a person about to enter the premises through any gate or door.
Maximum penalty:  5 penalty units.
	(2)	In this section:
door, of a premises, means any door that a visitor to the premises would ordinarily be expected to use to enter the premises.
warning sign, for premises, means—
	(a)	a sign warning people entering the premises that a dangerous dog is on the premises; or
	(b)	if a regulation prescribes requirements for a sign—a sign that is in accordance with the requirements.
39	Special licences—renewals
Section 32 (2)
substitute
	(2)	The registrar—
	(a)	must refuse to renew the licence if the holder is disqualified from keeping a dog or any other animal; or
Note	Section 138A deals with the disqualification of a person from keeping an animal.
	(b)	may refuse to renew the licence if the registrar reasonably believes—
	(i)	there would be an unacceptable risk to the safety of the public and other animals if the licence were renewed; or
	(ii)	the holder has failed, or is unable, to exercise responsible dog management, care or control.
	(3)	In making a decision under this section, the registrar—
	(a)	must consider any matter the registrar was required to consider when deciding whether or not to issue the original licence; and
	(b)	may consider any other relevant matter.
	(4)	The registrar may waive any application fee to renew a dangerous dog licence if reasonably satisfied—
	(a)	the dog was declared to be a dangerous dog only for the reason mentioned in section 22 (1) (a); and
	(b)	if the dog is kept in accordance with a dangerous dog licence—it will not be an unacceptable risk to the safety of the public and other animals.
	(5)	A fee determined under section 144 for an application to renew a licence to keep a dangerous dog declared under section 22 (1) (aa) or (b) or section 22 (2) must be at least 10 times the application fee (if any) for registration of a dog under section 6.
40	Variation of special licences
Section 33 (3) (c)
omit
14 days
substitute
7 days
41	Section 33 (7)
substitute
	(7)	The registrar must refuse to vary—
	(a)	a multiple dog licence if the registrar would be obliged under section 20 (2) to refuse to issue the licence as varied; or
	(b)	a dangerous dog licence if the registrar would be obliged under section 25 (1A) to refuse to issue the licence as varied.
42	Cancellation of special licences
Section 36 (1)
substitute
	(1)	The registrar—
	(a)	must cancel a special licence if the licensee is disqualified from keeping a dog or any other animal; or
Note	Section 138A deals with the disqualification of a person from keeping an animal.
	(b)	may cancel a special licence if—
	(i)	the registrar becomes aware of circumstances that, if the registrar had been aware of them at the time of the application for the licence, would have resulted in the application being refused; or
	(ii)	the licensee contravenes a condition of the licence; or
	(iii)	the licence was obtained by a false or misleading statement; or
	(iv)	the registrar reasonably believes there would be an unacceptable risk to the safety of the public or other animals if the licence were not cancelled; or
	(v)	the registrar reasonably believes that the licensee has failed, or is unable, to exercise responsible dog management, care or control.
43	Section 36 (2) (c)
omit
14 days
substitute
7 days
44	Prohibited areas
Section 42 (1), penalty
omit
5 penalty units
substitute
15 penalty units
45	Section 42 (2), (3) and (4), penalty
omit
5 penalty units
substitute
10 penalty units
46	Section 44
substitute
44	Dogs in public places must be controlled
	(1)	A person commits an offence if—
	(a)	the person is the keeper or carer of a dog; and
	(b)	the person is with the dog in a public place; and
	(c)	the dog is not restrained by a leash.
Maximum penalty:  15 penalty units.
	(2)	A person commits an offence if—
	(a)	the person is the keeper or carer of a dog; and
	(b)	the person is with the dog in a public place; and
	(c)	the dog is not under the effective control of the person.
Maximum penalty:  15 penalty units.
	(3)	The keeper of a dog commits an offence if the dog—
	(a)	is in a public place; and
	(b)	is not with a carer.
Maximum penalty:  15 penalty units.
	(4)	Subsection (1) does not apply to a dog that is under the control of a person and is—
	(a)	in an exercise area declared under section 40 (Declaration—exercise areas); or
	(b)	a working dog working livestock; or
	(c)	taking part in—
	(i)	a dog show, field trial or obedience trial; or
	(ii)	a dramatic performance or other entertainment.
	(5)	In a prosecution for an offence against subsection (3), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection.
47	Dogs on private premises to be restrained
Section 45 (1) and (3), penalty
omit
5 penalty units
substitute
10 penalty units
48	Section 45 (5), penalty
omit
5 penalty units
substitute
15 penalty units
49	Removal of faeces
Section 46 (2), penalty
omit
1 penalty unit
substitute
5 penalty units
50	Female dogs on heat
Section 47 (1), penalty
omit
5 penalty units
substitute
15 penalty units
51	Division 2.6 heading
substitute
Division 2.6	Attacking, harassing and menacing dogs
52	Dog attacks or harasses person or animal
Section 49A (4) (c)
after
person
insert
or animal
53	Section 49A (5) and note
substitute
	(5)	Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
	(a)	the defendant asked or told another person to be the carer for the dog; and
	(b)	that person was, at the time of the offence, the carer for the dog; and
	(c)	the defendant had taken reasonable measures to ensure that the carer was able to exercise responsible dog management, care and control of the dog.
Examples—par (c)
·	telling the carer about the dog, including about any control order or nuisance notice
·	ensuring the carer was experienced enough and physically able to manage, care and control the dog
·	ensuring the carer had a leash and secure premises for the dog
Note 1	The defendant has a legal burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 59).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	If a person is convicted or found guilty of an offence against this section, the court may—
	(a)	order that the dog be destroyed; or
	(b)	make any other order the court considers necessary to ensure the safety of the public and other animals.
54	Dog attacks person or animal causing serious injury
Section 50 (1) (e) and (2) (e)
after
reckless
insert
or negligent
55	Section 50 (3) (c)
after
person
insert
or animal
56	Section 50 (4), (5) and (6)
substitute
	(4)	Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
	(a)	the defendant asked or told another person to be the carer for the dog; and
	(b)	the person was, at the time of the offence, the carer for the dog; and
	(c)	the defendant had taken reasonable measures to ensure that the carer was able to exercise responsible dog management, care and control of the dog.
Examples—par (c)
·	telling the carer about the dog including about any control order or nuisance notice
·	ensuring the carer was experienced enough and physically able to manage, care and control the dog
·	ensuring the carer had a leash and secure premises for the dog
Note 1	The defendant has a legal burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 59).
Note 2	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(5)	If a person is convicted or found guilty of an offence against this section, the court may—
	(a)	order that the dog be destroyed; or
	(b)	make any other order the court considers necessary to ensure the safety of the public and other animals.
57	Dangerous dog attacks or harasses person or animal
Section 50A (2) (e)
after
reckless
insert
or negligent
58	Section 50A (3) (c)
after
person
insert
or animal
59	Section 50A (4), (5) and (6)
substitute
	(4)	If a person is convicted or found guilty of an offence against this section, the court may—
	(a)	order that the dog be destroyed; or
	(b)	make any other order the court considers necessary to ensure the safety of the public.
60	New section 50B
insert
50B	Obligations of keeper or carer if dog attacks
	(1)	This section applies if—
	(a)	a keeper or carer of a dog is with the dog; and
	(b)	the dog attacks a person or a person’s animal (the affected person).
	(2)	The keeper or carer must, if asked by the affected person, give the affected person—
	(a)	reasonable assistance as requested; and
	(b)	the keeper or carer’s name, address and contact details.
Maximum penalty:  50 penalty units.
	(3)	If the attack caused serious injury to a person or animal, the keeper or carer must tell the registrar about the attack as soon as practicable after the attack.
Maximum penalty:  50 penalty units. 
61	New section 51A
insert
51A	Provoking dog to attack
A person commits an offence if—
	(a)	the person provokes a dog; and
	(b)	the provocation caused the dog to attack the person, another person or an animal. 
Maximum penalty:  50 penalty units.
62	Costs of impounding dogs
Section 52 (3)
omit
63	New sections 53A to 53E
insert
53A	Complaints about attacking, harassing or menacing dogs
	(1)	A person may complain in writing to the registrar about a dog if the dog—
	(a)	attacked or harassed a person or an animal; or
	(b)	is aggressive or menacing.
	(2)	The registrar—
	(a)	must investigate the complaint if it is about an attack that caused the death of, or serious injury to, a person; and
	(b)	in any other case—may investigate the complaint.
Note	The dog may be seized and impounded by an authorised person until the end of the investigation (see s 56A).
	(3)	The registrar must tell the complainant in writing—
	(a)	whether or not the registrar investigated the complaint; and
	(b)	if an investigation was conducted—the outcome of the investigation. 
	(4)	The registrar may make guidelines about how the registrar investigates complaints.
	(5)	A guideline is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
53B	Dealing with attacking dogs—death or serious injury to person or death of animal
	(1)	This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that—
	(a)	a dog attacked a person or an animal; and
	(b)	the attack caused—
	(i)	the death of the person; or
	(ii)	serious injury to the person; or
	(iii)	the death of the animal.
	(2)	The registrar must destroy the dog.
	(3)	However, subsection (2) does not apply if, and only if, the registrar is reasonably satisfied the dog is not likely to be a danger to the public or another animal.
	(4)	For subsection (3), the registrar may consider—
	(a)	the circumstances of the attack including whether—
	(i)	the person or animal provoked the dog; or
	(ii)	the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or
	(iii)	if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and
	(b)	whether reasonable steps can be taken to reduce the risk of the dog endangering the public and other animals; and
	(c)	any other relevant matter.
	(5)	The registrar may destroy the dog if—
	(a)	the registrar gives the dog’s keeper written notice of the decision to destroy the dog; and
	(b)	the dog’s keeper—
	(i)	does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or
	(ii)	applies to the ACAT under section 120 for review of the decision within the application period and the registrar’s decision to destroy the dog is confirmed.
	(6)	If the registrar decides not to destroy the dog, the registrar may issue a control order for the dog to the dog’s keeper.
Note 1	The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2).
Note 2	The registrar must give a reviewable decision notice for s (2) and s (6) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A). 
53C	Dealing with attacking, harassing or menacing dogs generally
	(1)	This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that a dog—
	(a)	attacked a person or an animal and the attack caused—
	(i)	an injury (other than a serious injury) to the person; or
	(ii)	serious injury to the animal; or
	(b)	harassed a person or an animal; or
	(c)	is aggressive or menacing.  
	(2)	The registrar may decide to destroy the dog.
	(3)	In making a decision under subsection (2), the registrar—
	(a)	must consider—
	(i)	the safety of the public and other animals; and
	(ii)	if the dog attacked a person or animal—the circumstances of the attack including whether—
	(A)	the person or animal provoked the dog; or
	(B)	the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or
	(C)	if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and
	(b)	may consider any other relevant matter.
	(4)	If the registrar decides not to destroy the dog, the registrar may issue a control order for the dog to the dog’s keeper.
Note 1	The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2).
Note 2	The registrar must give a reviewable decision notice for s (2) and s (4) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A). 
53D	Revocation of control order
	(1)	The registrar may revoke a control order if reasonably satisfied, after carrying out an inspection, that—
	(a)	the order has been complied with; and
	(b)	adequate steps have been taken so that there is not an unacceptable risk to the safety of the public from the control order being revoked.
	(2)	The registrar must give written notice of the revocation, and a statement of reasons for the revocation, to each person to whom notice of the control order was given.
53E	Offence—failure to comply with control order
A person commits an offence if the person—
	(a)	is a keeper of a dog; and
	(b)	is issued with a control order in relation to the dog; and
	(c)	does not comply with the control order.
Maximum penalty:  50 penalty units.
64	Inspection of attacking or harassing dogs
Section 54
omit
65	New section 55B
in division 2.6, insert
55B	Notice to affected neighbours
	(1)	This section applies if—
	(a)	a dog is declared to be a dangerous dog; or
	(b)	a control order is issued to a keeper of a dog; or
	(c)	a nuisance notice is issued to a keeper of a dog.
	(2)	The registrar may, if the registrar thinks it is in the interest of the safety of the public and other animals to do so, give notice of the dangerous dog declaration, control order or nuisance notice to people occupying property adjacent or nearby to premises where the dog is kept.
66	Seizure of dogs—general
New section 56 (aa) and (ab)
before paragraph (a), insert
	(aa)	the dog is not registered under section 7; or
	(ab)	the dog is not identified by implanted microchip as required under this Act; or
67	Section 56 (b)
omit
(Dogs in public places to be restrained)
substitute
(Dogs in public places must be controlled)
68	Section 56 (f) and (g)
substitute
	(f)	the keeper or carer fails to give an authorised person the person’s name and address if required by the authorised person under section 134.
69	New section 56 (2) and (3)
insert
	(2)	Also, an authorised person may seize a dog if—
	(a)	the registrar refuses to register the dog under section 7 (1) (b); or
	(b)	the dog’s registration is cancelled under section 13 (1) (c) or (2) (b); or
	(c)	the keeper has not complied with a control order issued to the keeper in relation to the dog; or
	(d)	the keeper breeds a litter from the dog without a breeding licence; or
	(e)	the dog is at least 6 months old and not de-sexed and the keeper does not hold a permit under part 3 for the dog; or
	(f)	the authorised person reasonably believes that—
	(i)	the keeper or carer of the dog is not demonstrating responsible dog management, care or control in relation to the dog; or
	(ii)	the safety of the public or other animals are at risk because of the keeper or carer’s actions. 
	(3)	If subsection (2) (d) applies, the authorised person may seize the parent dogs and pups.
70	New section 56A
insert
56A	Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs
	(1)	This section applies if the registrar investigates a complaint about a dog under section 53A (Complaints about attacking, harassing or menacing dogs).
	(2)	An authorised person—
	(a)	must seize the dog if the complaint is that—
	(i)	the dog attacked the complainant or another person; and
	(ii)	the attack caused the death of or serious injury to a person; or
	(b)	in any other case—may seize the dog.
	(3)	If an authorised person seizes a dog, the authorised person must—
	(a)	impound the dog on Territory premises until the investigation is completed; or
	(b)	if the authorised person is reasonably satisfied that the dog can be kept by the keeper on suitable and secure premises—impound the dog by directing the keeper orally, or in writing, to keep the dog on the premises in accordance with any stated conditions until the investigation is completed.
	(4)	If the authorised person gives an oral direction under subsection (3) (b), the authorised person must confirm the direction in writing as soon as practicable.
	(5)	A person commits an offence if the person fails to comply with a direction under subsection (3) (b).
Maximum penalty:  50 penalty units.
71	Seizure—dangerous dogs
Section 57
omit
may
substitute
must
72	Section 58
substitute
58	Seizure—multiple dog licence
An authorised person may seize a dog if—
	(a)	the dog is being kept in contravention of section 18 (Requirement to be licensed if multiple dogs); or
	(b)	the dog’s keeper has not complied with a condition of a multiple dog licence held by the keeper in relation to the dog.
73	Sections 59 and 60
substitute
59	Seizure—attacking, harassing or menacing dogs
An authorised person—
	(a)	must seize a dog if the authorised person reasonably suspects—
	(i)	the dog attacked a person; and
	(ii)	the attack caused the death of or serious injury to a person; or
	(b)	may seize a dog if the authorised person reasonably suspects the dog—
	(i)	attacked a person or an animal and the attack caused—
	(A)	an injury (other than a serious injury) to the person; or
	(B)	serious injury to the animal; or
	(ii)	harassed a person or an animal; or
	(iii)	is aggressive or menacing.  
60	Impounding of dogs seized
	(1)	An authorised person—
	(a)	may impound a seized dog; and
	(b)	if a dog is impounded—
	(i)	if the dog’s keeper’s identity is not known—must make reasonable inquiries to find out who is the keeper; or
	(ii)	if the dog’s keeper’s identity is known—must give oral or written notice to the keeper in accordance with section 61 about the dog’s seizure.
	(2)	The authorised person may give the notice by telephone.
	(3)	For subsection (1) (a), if the authorised person is reasonably satisfied that the dog can be kept by the keeper on suitable and secure premises, the authorised person may impound the dog by directing the keeper orally, or in writing, to keep the dog on the premises in accordance with any stated conditions until the investigation is completed.
	(4)	If the authorised person gives an oral direction under subsection (3), the authorised person must confirm the direction in writing as soon as practicable.
	(5)	A person commits an offence if the person fails to comply with a direction under subsection (3).
Maximum penalty:  50 penalty units.
74	Information to be given in notice of dog’s seizure
Section 61
omit everything before paragraph (a), substitute
If a dog is seized under this part, the notice of seizure under section 60 (1) (b) (ii) must give the following information, if relevant:
75	Releasing dogs seized under general seizure power
Section 62 (2) (d)
omit
section 56 (a) or (b)
substitute
section 56 (1) (a), (aa), (ab) or (b)
76	New section 62 (2) (g) and (h)
insert
	(g)	the keeper is able to exercise responsible dog management, care and control in relation to the dog; and
	(h)	there is not an unacceptable risk to the safety of the public and other animals from the dog being released.
77	Section 62 (3) (a)
omit everything before subparagraph (i), substitute
	(a)	the holding period has ended and—
78	Section 62 (3) (c)
omit everything before subparagraph (i), substitute
	(c)	a prosecution for the offence was started before the end of the holding period and—
79	New section 62 (4) 
insert
	(4)	In this section:
holding period, in relation to a seized dog, means—
	(a)	28 days after the day the dog was seized (the original period); or
	(b)	if the registrar gives written notice to the dog’s keeper before the end of the original period—the original period plus an additional stated period.
80	Section 63 heading
substitute
63	Releasing dogs seized under power relating to multiple dogs
81	Section 63 (1) and note
substitute
	(1)	This section applies to a dog seized under section 58 (Seizure—contravention of multiple dog licence) unless the dog is declared to be a dangerous dog after it was seized.
Note	Section 65 deals with the release of a dog declared to be dangerous after it is seized.
82	Section 63 (2) (d)
omit
83	Section 63 (2) (e)
omit
if the dog was seized under section 58—
84	Section 63 (2) (f)
after
seized
insert
under section 58
85	New section 63 (2) (i) and (j)
insert
	(i)	the keeper is able to exercise responsible dog management, care and control in relation to the dog; and
	(j)	there is not an unacceptable risk to the safety of the public or other animals from the dog being released and kept in accordance with the conditions of the keeper’s multiple dog licence.
86	Section 63 (2), note
omit
87	Section 63 (3) (a)
omit everything before subparagraph (i), substitute
	(a)	the holding period has ended and—
88	Section 63 (3) (c)
omit everything before subparagraph (i), substitute 
	(c)	a prosecution for the offence was started before the end of the holding period and—
89	New section 63 (4)
insert
	(4)	In this section:
holding period, in relation to a seized dog—see section 62 (4).
90	Releasing dogs seized under attacking and harassing power
Section 64 (1)
omit
(Seizure—attacking and harassing dogs)
substitute
(Seizure—attacking, harassing or menacing dogs)
91	New section 64 (2) (g) and (h)
insert
	(g)	the keeper is able to exercise responsible dog management, care and control in relation to the dog; and
	(h)	there is not an unacceptable risk to the safety of the public or other animals from the dog being released and kept in accordance with the conditions of any control order.
92	Section 64 (3) (a)
omit everything before subparagraph (i), substitute
	(a)	the holding period has ended and—
93	Section 64 (3) (c)
omit everything before subparagraph (i), substitute 
	(c)	a prosecution for the offence was started before the end of the holding period and—
94	New section 64 (4)
insert
	(4)	In this section:
holding period, in relation to a seized dog—see section 62 (4).
95	Section 65
substitute
65	Releasing dogs declared dangerous after seizure for offence
	(1)	This section applies if—
	(a)	a dog is seized under this Act; and 
	(b)	after the seizure, the dog is declared to be a dangerous dog.
	(2)	The registrar must release the dog to a person claiming its release if, but only if, satisfied that—
	(a)	the person claiming its release is the dog’s keeper; and
	(b)	a dangerous dog licence is in force for the dog; and
	(c)	the keeper is able to exercise responsible dog management, care and control in relation to the dog; and
	(d)	there is not an unacceptable risk to the safety of the public or another animal from the dog being released and kept in accordance with the conditions of a dangerous dog licence; and
	(e)	any fee payable under section 144 for the release of the dog has been paid.
96	New section 65A
insert
65A	Releasing dogs seized because of complaint
	(1)	This section applies if a dog is seized under section 56A (Seizure of dogs—investigation of complaints about attacking, harassing or menacing dogs).
	(2)	The registrar must release the dog to a person claiming its release if—
	(a)	the registrar is reasonably satisfied of the matters mentioned in section 62 (2) (excluding paragraph (d)); and
	(b)	the investigation is completed.
	(3)	The registrar may release the dog under subsection (2) only if satisfied that—
	(a)	the keeper is able to exercise responsible dog management, care and control in relation to the dog; and
	(b)	there is not an unacceptable risk to the safety of the public and other animals from the dog being released and kept in accordance with the conditions of any dangerous dog licence and control order; and
	(c)	any fee payable under section 144 for the release of the dog has been paid.
97	Section 66 heading
substitute
66	Selling or destroying dogs (other than dangerous dogs) generally
98	Section 66 (1) and note
substitute
	(1)	This section applies to a dog, other than a dangerous dog, seized under—
	(a)	section 56 (Seizure of dogs—general); or 
	(b)	section 59 (Seizure—attacking, harassing or menacing dogs); or
	(c)	section 114 (Seizure, impounding and return of nuisance animals).
Note	Section 68 deals with the selling and destruction of dangerous dogs.
99	Section 66 (2) (c)
omit
section 60 (1) (c)
substitute
section 60 (1) (b) (ii) or section 114 (2) (b) (ii)
100	Selling or destroying dogs (other than dangerous dogs) seized under multiple dog licence power
Section 67 (2) (c)
omit
section 60 (1) (c)
substitute
section 60 (1) (b) (ii)
101	New section 67A
insert
67A	Selling dogs (other than dangerous dogs) if keeper unfit 
	(1)	This section applies if—
	(a)	a dog is seized under this Act; and
	(b)	the dog is not a dangerous dog; and
	(c)	the registrar is reasonably satisfied that—
	(i)	the dog’s keeper is unable to exercise responsible dog management, care or control in relation to the dog; or
	(ii)	there would be an unacceptable risk to the safety of the public or other animals if the dog were released to the keeper; and
	(d)	the registrar is reasonably satisfied that the dog would not be an unacceptable risk to the safety of the public or other animals if the dog were kept by someone who was able to exercise responsible dog management, care or control in relation to the dog.
	(2)	The registrar may decide to sell the dog.
	(3)	The registrar may sell the dog if—
	(a)	the registrar gives the dog’s keeper written notice of the decision to sell the dog; and
	(b)	the dog’s keeper—
	(i)	does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or
	(ii)	applies to the ACAT under section 120 for review of the decision within the application period and the registrar’s decision to sell the dog is confirmed.
Note	The registrar must give a reviewable decision notice for s (2) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A). 
102	Selling or destroying dangerous dogs generally
Section 68 (2) (c)
substitute
	(c)	not later than 7 days after the day notice under section 60 (1) (b) (ii) was given to the dog’s keeper, the keeper does not tell the registrar, in writing, that the keeper wishes to claim the dog and—
103	New section 68A
insert
68A	Destroying dogs—public safety concerns
	(1)	This section applies if the registrar reasonably believes that a dog—
	(a)	is an unacceptable risk to the safety of the public or other animals; and
	(b)	cannot be reasonably rehoused, retrained or otherwise rehabilitated so that the dog is no longer an unacceptable risk to the safety of the public or other animals.
	(2)	The registrar may decide to destroy the dog.
	(3)	The registrar may destroy the dog if—
	(a)	the registrar gives the dog’s keeper written notice of the decision to destroy the dog; and
	(b)	the dog’s keeper—
	(i)	does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or
	(ii)	applies to the ACAT under section 120 for review of the decision within the application period and the registrar’s decision to destroy the dog is confirmed.
Note	The registrar must give a reviewable decision notice for s (2) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A). 
104	Relinquishing ownership of dogs
Section 69 (1)
omit
division
substitute
Act
105	Returning seized dog to its keeper
Section 70 (4)
substitute
	(4)	The registrar may return the dog to its keeper and issue the keeper with a control order for the dog.
106	Offence—breeding dogs or cats without licence
Section 72 (1) (b)
omit
for profit or commercial gain
107	Breeding licence—approval or refusal
Section 72B (2)
substitute
	(2)	The registrar—
	(a)	must refuse to issue the licence if the applicant is disqualified from keeping a dog or any other animal; or
Note	Section 138A deals with the disqualification of a person from keeping an animal.
	(b)	may refuse to issue the licence if the registrar reasonably believes—
	(i)	there would be an unacceptable risk to the safety of the public and other animals if the licence were issued; or
	(ii)	the applicant has failed, or is unable, to exercise responsible dog management, care or control; or
	(iii)	the applicant cannot comply with the requirements of the Animal Welfare Act 1992 and any approved or mandatory code of practice under that Act.
108	New section 72B (3) (g)
insert
	(g)	the safety of the public and other animals.
109	Section 72C
substitute
72C	Breeding licence—duration
A breeding licence remains in force for 2 years unless sooner surrendered or cancelled.
110	Breeding licence—conditions
New section 72E (1A)
insert
	(1A)	A condition may limit the number of litters a dog or cat may breed.
111	Breeding licence—cancellation
Section 72G (1)
substitute
	(1)	The registrar—
	(a)	must cancel a breeding licence if the licensee is disqualified from keeping a dog or any other animal; or
Note	Section 138A deals with the disqualification of a person from keeping an animal.
	(b)	may cancel a breeding licence if—
	(i)	the registrar becomes aware of circumstances that, if the registrar had been aware of them at the time of the application for the licence, would have resulted in the application being refused; or
	(ii)	the licensee contravenes a condition of the licence; or
	(iii)	the licence was obtained by a false or misleading statement; or
	(iv)	there would be an unacceptable risk to the safety of the public or other animals if the licence were not cancelled; or
	(v)	the registrar reasonably believes that the licensee has failed, or is unable, to exercise responsible dog management, care or control; or
	(vi)	it is otherwise appropriate to do so.
112	Section 72K
substitute
72K	Offence—selling and advertising requirements
	(1)	A person commits an offence if the person—
	(a)	breeds a dog or cat; and
	(b)	sells the dog or cat; and
	(c)	does not hold a breeding licence. 
Maximum penalty:  50 penalty units.
	(2)	A person who holds a breeding licence commits an offence if the person—
	(a)	breeds a dog or cat; and
	(b)	publishes a statement that either—
	(i)	constitutes an invitation to buy the dog or cat from the person; or
	(ii)	could reasonably be understood to constitute an invitation to buy the dog or cat from the person; and
	(c)	does not include in the publication the breeding licence number. 
Maximum penalty:  10 penalty units.
	(3)	An offence against this section is a strict liability offence.
113	Offence—surrender of breeding licence
Section 72L
omit
114	Dogs and cats to be de-sexed if over certain age
New section 74 (5) (c)
insert
	(c)	a veterinary surgeon certifies in writing that de-sexing the dog or cat would be a serious health risk to the animal.
115	Section 74A
substitute
74A	Sale of older dogs and cats not de-sexed
	(1)	A person commits an offence if—
	(a)	the person sells a dog or cat that has not been de-sexed; and
	(b)	either—
	(i)	for a dog—the dog is 6 months old or older; or
	(ii)	for a cat—the cat is 3 months old or older; and
	(c)	the person does not hold a permit for the dog or cat.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	Subsection (1) does not apply to a dog or cat if a veterinary surgeon certifies in writing before the dog was sold that de-sexing the animal would be a serious health risk to the animal.
116	Approval or refusal of applications
Section 76 (2)
substitute
	(2)	In making a decision under subsection (1), the registrar—
	(a)	may consider the following:
	(i)	whether the animal is kept for breeding or used, bred or bought for show; 
	(ii)	whether it would be detrimental to the health of the animal if it were to be de-sexed; 
	(iii)	any other relevant matter; and
	(b)	must consider the safety of the public.
	(3)	The registrar may issue a permit—
	(a)	for a stated period; and
	(b)	on any other condition.
117	Term of permits
Section 78
omit
118	Production of permits
Section 79 (1)
substitute
	(1)	A keeper or owner of a dog or cat commits an offence if—
	(a)	an authorised person asks the keeper or owner to show a permit for the dog or cat; and
	(b)	the keeper or owner fails to show the permit to the authorised person within 24 hours after being asked.
Maximum penalty:  5 penalty units.
	(1A)	An offence against this section is a strict liability offence.
119	Identification of dogs and cats—requirement
Section 84 (1) and (2), penalty
omit
5 penalty units
substitute
15 penalty units
120	Section 109
substitute
109	Meaning of animal nuisance—pt 6
For this part, an animal causes an animal nuisance if—
	(a)	the animal causes, solely or in part—
	(i)	damage to property owned by a person other than the keeper; or
	(ii)	excessive disturbance to a person other than the keeper because of noise; or
	(iii)	an unacceptable risk to the public or another animal; or
	(b)	for a dog—there are repeated occurrences of the dog—
	(i)	not being kept under control by the dog’s keeper or carer; or
	(ii)	the dog is not restrained in contravention of section 44 (1) or (3) (Dogs in public places must be controlled) or section 45 (1) or (3) (Dogs on private premises to be restrained).
121	Offence of animal nuisance
Section 110 (1), penalty
omit
10 penalty units
substitute
15 penalty units
122	Complaints about animal nuisance
Section 111 (2)
omit
must
substitute
may
123	Issue of nuisance notices
Section 112 (1)
omit
animal nuisance exists
substitute
animal is causing an animal nuisance
124	Section 112 (1) (b)
omit
the nuisance exists, or from which it emanates
substitute
the animal is causing the nuisance
125	Section 112 (4) (a) (ii)
substitute
	(ii)	state where the nuisance is being caused; and
126	Sections 114, 114A and 114B
substitute
114	Seizure, impounding and return of nuisance animals
	(1)	An authorised person may seize an animal if— 
	(a)	the authorised person reasonably believes the animal is causing an animal nuisance, after considering—
	(i)		the extent of the animal nuisance; and
	(ii)	the likelihood of the keeper of the animal reducing or stopping the nuisance or complying with steps mentioned in a nuisance notice to prevent its recurrence; or
	(b)	the keeper does not comply with a nuisance notice issued to the keeper in relation to the animal.
	(2)	If an animal is seized under subsection (1), the registrar must—
	(a)	impound the animal until it is returned to its keeper, or sold or destroyed; and
	(b)	either—
	(i)	if the animal’s keeper’s identity is not known—make reasonable inquiries to find out who is the keeper; or
	(ii)	if the animal’s keeper’s identity is known—give oral or written notice to the keeper in accordance with section 114A about the animal’s seizure.
	(3)	The registrar may give the notice by telephone.
	(4)	The registrar must release the animal to a person claiming its release if reasonably satisfied that—
	(a)	the animal nuisance is not likely to happen again if the animal is returned to the keeper; and
	(b)	for a dog—there is not an unacceptable risk to the safety of the public or other animals from the dog being released to the keeper.
	(5)	If the registrar releases a dog, the registrar may issue the keeper with a control order in relation to the dog.
	(6)	Any costs or expenses incurred by the Territory in seizing or impounding an animal under this section are a debt payable to the Territory by the keeper of the animal.
114A	Information to be given in notice of animal’s seizure	
If an animal is seized under section 114, the notice of seizure must give the following information, if relevant:
	(a)	when and where the animal was seized;
	(b)	the reason the animal was seized;
	(c)	where the animal may be claimed;
	(d)	the fee payable for the release of the animal;
	(e)	that the animal may be sold or destroyed if it is not claimed;
	(f)	the period in which the animal may be claimed before it can be sold or destroyed;
	(g)	that the keeper may relinquish ownership of the animal.
127	Destruction of vicious animals
Section 116 (1)
after
seize
insert
or impound
128	Section 116 (2)
after
safety of
insert
people exercising functions under this Act,
129	Sections 128, 129 and 130
substitute
128	Power to enter premises
	(1)	For this Act, an authorised person may—
	(a)	at any reasonable time, enter premises that the public is entitled to use or that are open to the public (whether or not on payment of money); or
	(b)	at any time when business premises are open for business, enter the premises; or
	(c)	at any time, enter premises with the occupier’s consent; or
	(d)	enter premises in accordance with a search warrant; or
	(e)	at any time without a warrant, enter premises if the authorised person—
	(i)	reasonably believes that the circumstances are so serious and urgent that immediate entry to the premises without the authority of a search warrant is necessary; or
	(ii)	reasonably suspects that an offence (other than an excluded offence) has been, or is being, committed on the premises; or
	(iii)	is authorised under this Act to seize an animal kept on the premises.
	(2)	However, subsection (1) (a) and (b) do not authorise entry into a part of premises that is being used only for residential purposes.
	(3)	An authorised person may, without the consent of the occupier of premises, enter land around the premises to ask for consent to enter the premises.
	(4)	An authorised person may enter premises under subsection (1) with necessary and reasonable assistance and force.
	(5)	A police officer may help an authorised person in exercising the authorised person’s powers under this section if asked by the authorised person to do so.
	(6)	To remove any doubt, an authorised person may enter premises under subsection (1) without payment of an entry fee or other charge.
	(7)	In this section:
at any reasonable time includes at any time when the public is entitled to use the premises, or when the premises are open to or used by the public (whether or not on payment of money).
130	Inspection of premises
Section 131
omit
section 128 (1) (Entry of premises—routine inspections) or section 129 (2) (Entry of premises—search warrants)
substitute
section 128
131	Consent to entry
Section 132 (1)
omit
section 114A (2) (Entry to premises for nuisance animal) or section 128 (1) (Entry of premises—routine inspections)
substitute
section 128
132	Section 132 (4) and (5)
omit
section 114A (2) or 
133	Search warrants
Section 133 (6), definition of related thing, paragraph (b)
substitute
	(b)	a thing in relation to which the authorised person is reasonably satisfied it is necessary to exercise any of the powers mentioned in section 128 (1) (e) (i) to prevent the committing, continuing or repeating of an offence under this Act.
134	Power to require name and address
Section 134 (3), penalty
omit
5 penalty units
substitute
15 penalty units
135	New section 134A
in division 9.2, insert
134A	Inspection of animals
	(1)	An authorised person or police officer may ask a keeper or carer of an animal to produce an animal for inspection if—
	(a)	the authorised person or police officer reasonably suspects the keeper or carer has contravened this Act; or
	(b)	for a dog—
	(i)	a special licence is held by the keeper; or
	(ii)	the keeper holds a breeding licence; or
	(iii)	a control order or nuisance notice applies to the dog.
	(2)	A person commits an offence if the person fails to comply with a request under subsection (1).
Maximum penalty:  50 penalty units.
136	Dishonoured cheques and credit transactions
Section 142
omit
certificate, tag or licence
substitute
certificate or licence
137	Transitional provisions
Part 11
omit
138	Dictionary, note 2
insert
·	veterinary surgeon
139	Dictionary, new definition of control order 
insert
control order, for a dog, means an order issued to the dog’s keeper by the registrar requiring 1 or more of the following:
	(a)	the property where the dog is kept to have secure fencing to properly confine the dog to the premises;
	(b)	fencing at the property where the dog is kept to be inspected by the registrar every 6 months;
	(c)	the keeper and the dog to complete a course approved by the registrar in writing in behavioural or socialisation training for the dog;
	(d)	any other thing the registrar considers appropriate.
140	Dictionary, definition of registration tag
omit
141	Dictionary, new definition of sell
insert
sell, a seized cat or dog, includes give the animal to an entity responsible for animal welfare or rehousing abandoned or seized animals.
142	Dictionary, new definition of serious injury
insert
serious injury, to a person or animal, means any injury (including the cumulative effect of more than 1 injury) that—
	(a)	endangers, or is likely to endanger, the person or animal’s life; or
	(b)	is, or is likely to be, a significant or longstanding injury.

Part 3	Domestic Animals Regulation 2001
143	Dog registration information—Act, s 8
New section 5 (ca)
insert
	(ca)	the unique identification number for the microchip implanted in the dog;
144	Information on dog registration certificates—Act s 11 (2)
New section 6 (aa)
insert
	(aa)	the unique identification number for the microchip implanted in the dog;
145	Requirement to be licensed
Section 6A
omit
146	How dogs must be identified—Act, s 83
Section 7 (6)
omit
subsection (3)
substitute
subsection (1)
147	Reviewable decisions
Schedule 1, new item 1A
insert
1A	Act, 13 (1) (c)	cancel registration of dog	keeper of dog	
148	Schedule 1, new items 11A to 11D
insert
11A	Act, 53B (2)	destroy dog 	keeper of dog	
11B	Act, 53B (6)	issue control order	keeper of dog	
11C	Act, 53C (2)	destroy dog	keeper of dog	
11D	Act, 53C (4)	issue control order	keeper of dog	
149	Schedule 1, new items 13A and 13B
insert
13A	Act, 67A (2)	sell seized dog	keeper of dog	
13B	Act, 68A (2)	destroy dog	keeper of dog	
150	Schedule 1, item 28, column 2
omit
or (5)
151	Dictionary, note 3
omit
·	registration tag

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 1 November 2017.
2	Notification
	Notified under the Legislation Act on 13 December 2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Domestic Animals (Dangerous Dogs) Legislation Amendment Bill 2017, which was passed by the Legislative Assembly on 29 November 2017. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2017