2018

THE LEGISLATIVE ASSEMBLY FOR
THE AUSTRALIAN CAPITAL TERRITORY
Magistrates Court (Domestic Animals Infringement Notices) Amendment Regulation 2018 (No 1)
SL2018-12

EXPLANATORY STATEMENT

Circulated by the authority of
Mr Gordon Ramsay MLA
Attorney General

Overview 
The Magistrates Court (Domestic Animals Infringement Notices) Amendment Regulation 2018 (No 1) (the amendment regulation) provides for new and amended  offences against the Domestic Animals Act 2000 (the Act) and Domestic Animals Regulation 2001 (the Regulation) to be dealt with under the infringement notice scheme in Part 3.8 of the Magistrates Court Act 1930.
This follows amendments made to the Act by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017 and Domestic Animals Legislation Amendment Act 2018.

Details of clauses of the Amendment Regulation

Clause 1		Name of regulation
This clause states that the name of the amendment regulation is the Magistrates Court (Domestic Animals Infringement Notices) Amendment Regulation 2018 (No 1).
Clause 2		Commencement
This clause states that the commencement date of the amendment regulation is the day after its notification day.
Clause 3		Legislation amended
This clause states the name of the regulation being amended, being the Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005 (the amended regulation).
Clause 4		Dictionary
		Section 4, note 1
The clause substitutes note 1, explaining the use of signpost definitions in the amended regulation, to include an example that relates to a term used in the Domestic Animals Act 2000. 

Clause 5		Section 9 (b) (iii) omit
Section 9 of the amended regulation provides that for an infringement notice in relation to a dog or cat the notice can identify the dog or cat by reference to certain matters.  This clause removes the reference to a ‘registration tag’ as a means of identifying a dog, as a registration tag for dogs is no longer a requirement under the Domestic Animals Act 2000. 

Clauses 6		Schedule 1, Substitute 
This clause substitutes Schedule 1, including to reflect new and amended offence penalties for offences under the Act and the Regulation. Specifically the replacement schedule:
•	Reflects increased maximum penalties for offences under sections 12(1) and 12(2) of the Act consequential on the change to the maximum penalty made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalties for these offences have also been increased from $50 to $250. This increase is commensurate with the increase in the maximum penalty and is considered reasonable and proportionate to the offence.
•	Reflects increased maximum penalties for offences under sections 14(1)(a) and 14(1)(b) of the Act consequential on the change to the maximum penalty made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalties have also been increased from $150 to $350. This increase is commensurate with the increase in the maximum penalty for the offence and is considered reasonable and proportionate to the offence.
•	Removes items 5 to 9 as they relate to offences involving dog registration tags and registration tags are no longer required under the Domestic Animals Act 2000 following the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017.
•	Substitutes the current infringement penalty of $50 for the strict liability offences against sections 16(1) and 16(2) with a penalty of $150. This increase is considered reasonable and proportionate to the offence. 
•	Inserts a new item as item 7 to establish an infringement notice penalty for keeping 4 or more dogs without a multiple dog licence, which is a strict liability offence under section 18(1) of the Domestic Animals Act 2000. The infringement penalty of $750 reflects the nature of the offence, and is considered reasonable and proportionate. 
•	Inserts a new item as item 8 to establish an infringement penalty for failing to comply with a prescribed condition of a multiple dog licence, which is a strict liability offence under section 21(5) of the Domestic Animals Act 2000. An infringement notice will only be issued if the condition contravened is one specified by regulation under s 21(4)(a). An infringement notice will not be available for contravening a condition made under s 21(4)(b). The clause provides for an infringement penalty of $750. This reflects the nature of the offence, and is considered reasonable and proportionate. 
•	Substitutes the current infringement penalty for keeping a dangerous dog without a licence with two new infringement penalties in items 9 and 10, being keeping a dangerous dog without a licence and failing to comply with a prescribed condition of a dangerous dog licence. These strict liability offences now have a penalty of $1,500. An infringement notice will only be issued under item 10 if the licence condition contravened is one specified by regulation under s 26(3)(a). An infringement notice will not be available for contravening a condition made under s 26(3)(b). Keeping a dangerous dog without a licence, or breaching a condition of a dangerous dog licence, has the potential for significant adverse consequences. It currently costs $750 to obtain a licence for a dangerous dog, and the offence of keeping a dangerous dog without a licence, or breaching a condition of the licence, should be sufficiently high as to act as a deterrent and be proportionate to the offence. The infringement penalty amount reflects the nature of the offences, and is considered reasonable and proportionate. 
•	Reflects increased maximum penalties for offences under sections 27(1) and 27(2) consequential on the change to the penalty for this strict liability offence made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalties have also been increased from $150 to $500. This increase is commensurate with the increase in the maximum penalty for the offence and is considered reasonable and proportionate to the offence. 
•	Inserts a new item as item 13 for failing to display a dangerous dog warning sign, which is a strict liability offence under section 28(1) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $150. This is considered reasonable and proportionate.
•	Increases the infringement penalty amounts for the strict liability offences against sections 39D(1) and 39G(1). The current amount of $150 is not proportionate and does not act as a deterrent given the fees for obtaining registration and a racing greyhound licence that were established on 30 April 2018 are $612 and $640 respectively. The infringement penalty increase to $1,000 is considered reasonable and proportionate and sufficient to act as a deterrent.
•	Reflects increased maximum penalties for offences under sections 42(1)–(4) consequential on the change to the penalties for these strict liability offences made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalties for sections 42(2)–(4) have also been increased from $75 to $150. The infringement penalty for section 42(1) has been increased to $350 to reflect the relatively serious nature of this offence. These increases are commensurate with the increase in the maximum penalty for the offences and are considered reasonable and proportionate.
•	Reflects increased maximum penalties for offences under sections 44(1) and 44(2) consequential on the change to the penalty for these strict liability offences made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalties have also been increased from $150 to $250. These increases are commensurate with the increase in the maximum court imposed penalty for the offences and are considered reasonable and proportionate.
•	Reflects the increased maximum penalty for the offence under section 44(3) consequential on the change to the penalty for this strict liability offence made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalty has also been increased from $150 to $350. This increase is commensurate with the increase in the maximum penalty for the offence and is considered reasonable and proportionate to the offence. 
•	Reflects increased maximum penalties for offences under sections 45(1) and 45(3) consequential on the change to the penalty for these strict liability offences made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalties have also been increased from $150 to $250. These increases are commensurate with the increase in the maximum court imposed penalty for the offences and are considered reasonable and proportionate. 
•	Reflects the increased maximum penalty for an offence under section 45(5) consequential on the change to the penalty for this strict liability offence made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalty has also been increased from $100 to $350. This increase is commensurate with the increase in the maximum court imposed penalty for the offence and is considered reasonable and proportionate to the offence. 
•	Substitutes the current infringement penalty of $50 for the strict liability offence against section 46(1) with a penalty of $150. This increase is considered reasonable and proportionate to the offence. 
•	 Reflects the increased maximum penalty for an offence against section 46(2) consequential on the change to the penalty for this strict liability offence made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalty has also been increased from $50 to $75. This increase is commensurate with the increase in the maximum penalty for the offence and is considered reasonable and proportionate to the offence.
•	Reflects the increased maximum penalty for an offence under section 47(1) consequential on the change to the penalty for this strict liability offence made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalty has also been increased from $150 to $350. This increase is commensurate with the increase in the maximum court imposed penalty for the offence and is considered reasonable and proportionate to the offence.
•	Removes the items in the schedule relating to offences for section 48 as these are no longer offences under the Domestic Animals Act 2000.
•	Increases the infringement penalty for offences under sections 49A(1) and 49A(2) from $350 to $500. This increase is considered reasonable and proportionate to the offence.
•	Inserts a new item as item 34 for the offence of a keeper failing to give a carer a copy of a control order, which is a strict liability offence under section 53CB (2) of the Domestic Animals Act 2000. The offence arises the moment the carer assumes care of the dog. This clause provides for an infringement penalty of $350. This is considered reasonable and proportionate to the offence. 
•	Inserts a new item as item 35 for the offence of failing to comply with a prescribed condition on a control order, which is a strict liability offence under section 53E(1) of the Domestic Animals Act 2000. An infringement notice will only be issued if the condition contravened is one specified by regulation under s 53CA(a). An infringement notice will not be available for contravening a condition made under s 53CA(b). The clause provides for an infringement penalty of $500. This is considered reasonable and proportionate to the offence.
•	Inserts new items as item 36 and item 37 for the offences of failing to comply with a prescribed condition on a home impoundment direction, which are strict liability offences under sections 56A(6) and 60(6) of the Domestic Animals Act 2000. An infringement notice will only be issued if the condition contravened is one specified by regulation under s 56A(4)(a) or s 60(4)(a) respectively. An infringement notice will not be available for contravening a condition made under s 56(4)(b) or s 60(4)(b). The clauses provide for infringement penalties of $750. This is considered reasonable and proportionate to the offences.
•	Inserts a new item as item 38 for the offence of breeding a dog or cat without a licence, which is a strict liability offence under section 72(1) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $1,500. This is considered reasonable and proportionate, particularly given the commercial nature of the offence.
•	Inserts a new item as item 39 for the offence of breeding a racing greyhound without a licence, which is a strict liability offence under section 72(2) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $1,500. This is considered reasonable and proportionate, particularly given the commercial nature of the offence.
•	Inserts a new item as item 40 for the offence of breeding and selling a dog or cat without a licence, which is a strict liability offence under section 72K(1) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $1,500. This is considered reasonable and proportionate, particularly given the commercial nature of the offence.
•	Inserts a new item as item 41 for the offence of a licensed breeder failing to include the breeding number licence when advertising the sale of a dog or cat, which is a strict liability offence under section 72K(2) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $250. This is considered reasonable and proportionate to the offence.
•	Inserts a new item as item 42 for the offence of failing to report the breeding of a litter of greyhounds, which is a strict liability offence under section 72M(1) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $300. This is considered reasonable and proportionate to the offence.
•	Increases the infringement penalty for offences under sections 74(1) and 74(2) from $75 to $500 and $350 respectively. These increases are considered reasonable and proportionate to the offence. Non de-sexed dogs are linked to dog attacks and so the infringement notice amount for section 74(1) reflects the relative seriousness of keeping a non de-sexed dog without a permit.
•	Inserts a new item as item 45 for the offence of selling an older dog or cat that is not de-sexed, which is a strict liability offence under section 74A(1) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $500. This is considered reasonable and proportionate to the offence.
•	Inserts a new item as item 46 for the offence of failing to produce a permit for a not de-sexed dog or cat within 24 hours, which is a strict liability offence under section 79(1) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $150. This is considered reasonable and proportionate to the offence.
•	Increases the infringement penalty for an offence under section 82(1) from $150 to $300. This increase is considered reasonable and proportionate to the offence.
•	Reflects increased maximum penalties for offences under sections 84(1) and 84(2) consequential on the change to the penalties for these strict liability offences made by the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017. The infringement penalty has also been increased from $75 to $450. This increase is commensurate with the increase in the maximum penalty and is considered reasonable and proportionate.
•	Inserts a new item as item 51 for the offence of failing to comply with a request to produce an animal for inspection, which is a strict liability offence under section 134A(2) of the Domestic Animals Act 2000. The clause provides for an infringement penalty of $650. This is considered reasonable and proportionate to the offence.

This clause also substitutes Part 1.2 of the Domestic Animals Regulation 2001, and includes new and amended offence penalties. Specifically the replacement schedule:
•	Removes item 1 as this relates to an offence which is now located in  the Domestic Animals Act 2000, and reflected in Part 1.1 of the schedule.
•	Increases the infringement penalty for an offence under section 9A(1) of the Regulation from $100 to $500. This is considered reasonable and proportionate to the offence.
•	Inserts a new item as item 2 for the offence of selling or supplying a fake identifying microchip, which is a strict liability offence under section 11(1) of the Regulation, with an infringement penalty of $300. This is considered reasonable and proportionate to the offence.
•	Increases the infringement penalty for an offence under section 15(1) of the Regulation from $50 to $150. This is considered reasonable and proportionate to the offence.
•	Inserts a new item as item 5 for the offence of implanting an identifying microchip not in accordance with the code, which is a strict liability offence under section 16(3) of the Regulation. This is considered reasonable and proportionate to the offence.
•	Increases the infringement penalty for an offence under section 17(1) of the Regulation from $50 to $150. This is considered reasonable and proportionate to the offence.

Clause 7		Dictionary, definition of registration tag
		Omit
This clause removes the definition of registration tag from the dictionary to the Domestic Animals Regulation as registration tags are no longer required under the Domestic Animals Act 2000.