Australian Capital Territory
Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005    
SL2005-29
made under the
Magistrates Court Act 1930
Republication No 8
Effective:  10 June 2015 – 29 April 2018
Republication date: 10 June 2015
Last amendment made by A2015‑15

About this republication
The republished law
This is a republication of the Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005, made under the Magistrates Court Act 1930 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 June 2015.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 10 June 2015.  
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.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005
made under the
Magistrates Court Act 1930
    
Contents
	Page
	1	Name of regulation	2
	3	Purpose of regulation	2
	4	Dictionary	2
	5	Notes	2
	6	Administering authority	3
	7	Infringement notice offences	3
	8	Infringement notice penalties	3
	9	Contents of infringement notices—identifying particulars for dog or cat	3
	10	Contents of infringement notices—other information	4
	11	Contents of infringement notices—identifying authorised person	4
	12	Contents of reminder notices—identifying authorised person	5
	13	Cost if liability disputed	5
	14	Authorised people for infringement notice offences	5
Schedule 1	Domestic animals legislation infringement notice offences and penalties	6
Part 1.1	Domestic Animals Act 2000	6
Part 1.2	Domestic Animals Regulation 2001	11
Dictionary		12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14
	4	Amendment history	15
	5	Earlier republications	17

Australian Capital Territory
Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005     

made under the
Magistrates Court Act 1930

    

  

1	Name of regulation
This regulation is the Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005.
3	Purpose of regulation
The purpose of this regulation is to provide for infringement notices under the Magistrates Court Act 1930, part 3.8 for certain offences against the domestic animals legislation.
Note	The Magistrates Court Act 1930, pt 3.8 provides a system of infringement notices for offences against various Acts.  The infringement notice system is intended to provide an alternative to prosecution.
4	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere.
	For example, the signpost definition ‘registration tag—see the Domestic Animals Act, dictionary.’ means that the term ‘registration tag’ is defined in that dictionary and the definition applies to this regulation.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
5	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
6	Administering authority
The administering authority for an infringement notice offence against the domestic animals legislation is the registrar.
7	Infringement notice offences
The Magistrates Court Act 1930, part 3.8 applies to an offence against a provision of the domestic animals legislation mentioned in schedule 1, column 2.
8	Infringement notice penalties
	(1)	The penalty payable by an individual for an offence against the domestic animals legislation, under an infringement notice for the offence, is the amount mentioned in schedule 1, column 5 for the offence.
	(2)	The penalty payable by a corporation for an offence against the domestic animals legislation, under an infringement notice for the offence, is 5 times the amount mentioned in schedule 1, column 5 for the offence.
	(3)	The cost of serving a reminder notice for an infringement notice offence against the domestic animals legislation is $34.
9	Contents of infringement notices—identifying particulars for dog or cat
An infringement notice in relation to a dog or cat served on a person by an authorised person for an infringement notice offence against the domestic animals legislation—
	(a)	must identify the dog or cat by—
	(i)	breed or description; and
	(ii)	colour; and
	(b)	may identify the dog or cat by any of the following:
	(i)	sex;
	(ii)	age;
	(iii)	any identification or, for a dog, registration tags;
	(iv)	any collars;
	(v)	any brands or tattoo;
	(vi)	any electronically coded implant;
	(vii)	any marks or scars;
	(viii)	any other noticeable distinguishing marks or features.
10	Contents of infringement notices—other information
	(1)	An infringement notice served on a company by an authorised person for an infringement notice offence against the domestic animals legislation must include the company’s ACN.
Note	The requirement under this regulation is additional to the requirement under the Magistrates Court Act 1930, s 121 (1) (c).
	(2)	In this section:
company means a company registered under the Corporations Act.
11	Contents of infringement notices—identifying authorised person
An infringement notice served on a person by an authorised person for an infringement notice offence against the domestic animals legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
12	Contents of reminder notices—identifying authorised person
A reminder notice served on a person by an authorised person for an infringement notice offence against the domestic animals legislation must identify the authorised person by—
	(a)	the authorised person’s full name, or surname and initials; or
	(b)	any unique number given, for this regulation, to the authorised person by the administering authority.
13	Cost if liability disputed
The cost of beginning a proceeding is $200.
14	Authorised people for infringement notice offences
A person appointed as an authorised person under the Domestic Animals Act 2000, section 123 (Authorised people) may serve the following:
	(a)	an infringement notice for an infringement notice offence against the domestic animals legislation; 
	(b)	a reminder notice for an infringement notice offence against the domestic animals legislation.
Note	For how documents may be served, see the Legislation Act, pt 19.5.

Schedule 1	Domestic animals legislation infringement notice offences and penalties
(see s 7 and s 8)
Part 1.1	Domestic Animals Act 2000

column 1
item	column 2
offence provision	column 3
description of offence	column 4
offence penalty (penalty units)	column 5
infringement penalty ($)	
1	12 (1)	former keeper fail to tell registrar of change of ownership of dog	5 	50	
2	12 (2)	new keeper for longer than 28 days not tell registrar is keeper	5	50	
3	14 (1) (a)	keeping unregistered dog	5	150	
4	14 (1) (b)	keeping of registered dog by person not registered keeper	5	150	
5	15 (1)	keeper/carer with registered dog not wearing registration tag or tag showing registration number—on private premises (other than own premises)	3 	75	
6	15 (2)	keeper/carer with registered dog not wearing registration tag or tag showing registration number—in public place	3	75	
7	15 (3)	dog in public place or on private premises (other than keeper’s premises) not with carer and not wearing registration tag or tag showing registration number—keeper	3	75	
8	15 (4)	taking off dog’s registration tag or tag showing registration number without keeper’s consent	5	75	
9	15 (5)	allowing dog to wear registration tag not issued for dog or tag showing registration number that’s not the dog’s number—keeper	5	75	
10	16 (1)	registered keeper not tell registrar of change of address 	5	50	
11	16 (2)	registered keeper not tell registrar of change of address where registered dog kept	5	50	
12	23 (1)	keeping dangerous dog except in accordance with dangerous dog licence	50	150	
13	27 (1)	unmuzzled dangerous dog in public place—carer	10	150	
14	27 (2)	uncontrolled dangerous dog in public place—keeper	10	150	
15	41 (5)	taking dog into prohibited area	5	150	
16	42 (1)	taking dog into grounds of child-care centre etc	5	75	
17	42 (2)	taking dog into grounds of high school etc	5	75	
18	42 (3)	taking dog onto sporting field etc	5	75	
19	42 (4)	taking dog into public place within 10m of certain things	5	75	
20	44 (1)	dog not on leash in public place—carer	5	150	
21	44 (2)	dog not on leash in public place—keeper	5	150	
22	44 (3)	dog without carer in public place—keeper	5	150	
23	45 (1)	dog not on leash on private premises—carer	5	150	
24	45 (3)	dog not on leash on private premises—keeper	5	150	
25	45 (5)	dog without carer on private premises and without occupier’s consent—keeper	5	100	
26	46 (1)	not removing faeces	5	50	
27	46 (2)	not carrying equipment for removal of faeces 	1	50	
28	47 (1)	female dog on heat in public place— keeper/carer	5	150	
29	48 (1)	unmuzzled greyhound in public place—carer	5	150	
30	48 (2)	unmuzzled greyhound without carer in public place—keeper	5	150	
31	48 (4)	4 or more leashed greyhounds in public place—carer	5	150	
32	48 (5)	4 or more leashed greyhounds in public place—keeper	5	150	
33	49A (1)	dog attacks or harasses person/animal—carer	50	350	
34	49A (2)	dog attacks or harasses person/animal—keeper	50	350	
35	54 (2)	fail to produce attacking/harassing dog for inspection—keeper/carer	50	200	
36	74 (1)	keeping dog not de‑sexed without permit	50	75	
37	74 (2)	keeping cat not de‑sexed without permit	50	75	
38	82 (1)	cat in breach of cat containment—keeper/carer	10	150	
39	84 (1)	keeping dog or cat without prescribed form of identification	5	75	
40	84 (2)	selling dog or cat without prescribed form of identification	5	75	
41	112 (7)	contravention of nuisance notice	5	150	

Part 1.2	Domestic Animals Regulation 2001

column 1
item	column 2
offence provision	column 3
description of offence	column 4
offence penalty (penalty units)	column 5
infringement penalty ($)	
1	6A (1)	keeping 4 or more dogs without multiple dog licence	20	100	
2	9A (1)	keeping 4 or more cats without multiple cat licence	20	100	
3	15 (1)	person not vet or authorised identifier implanting identifying microchip in dog or cat	10	50	
4	15 (2)	person implanting microchip in dog or cat that is not identifying microchip	10	50	
5	17 (1)	operator of animal shelter or pound not scanning dog or cat for identifying microchip within 3 days after day dog or cat enters shelter or pound	10	50	

Dictionary
(see s 4)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	corporation
·	Corporations Act
·	individual.
Note 3	Terms used in this regulation have the same meaning that they have in the Magistrates Court Act 1930 (see Legislation Act, s 148).  For example, the following terms are defined in the Magistrates Court Act 1930, dict:
·	administering authority
·	authorised person
·	infringement notice
·	infringement notice offence
·	reminder notice.
domestic animals legislation means—
	(a)	the Domestic Animals Act 2000; and
	(b)	the Domestic Animals Regulation 2001.
registrar—see the Domestic Animals Act 2000, dictionary.
registration tag—see the Domestic Animals Act 2000, dictionary.

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 are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
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.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	

3	Legislation history
Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005 SL2005-29
notified LR 10 November 2005
s 1, s 2 commenced 10 November 2005 (LA s 75 (1))
remainder commenced 12 November 2005 (s 2 and see Statute Law Amendment Act 2005 A2005-20, s 2 (2) and LA s 79)
as amended by
Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.12
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))
sch 1 pt 1.12 commenced 7 May 2008 (s 2)
Magistrates Court (Domestic Animals Infringement Notices) Amendment Regulation 2008 (No 1) SL2008-19
notified LR 30 April 2008
s 1, s 2 commenced 30 April 2008 (LA s 75 (1))
remainder commenced 1 May 2008 (s 2 and see Domestic Animals Amendment Act 2007 A2007-35, s 2 and CN2008-6)
Domestic Animals Amendment Act 2010 A2010-3 sch 1 pt 1.2
notified LR 17 February 2010
s 1, s 2 commenced 17 February 2010 (LA s 75 (1))
sch 1 pt 1.2 commenced 18 February 2010 (s 2)
Statute Law Amendment Act 2014 A2014‑18 sch 3 pt 3.15
notified LR 20 May 2014
s 1, s 2 commenced 20 May 2014 (LA s 75 (1))
sch 3 pt 3.15 commenced 10 June 2014 (s 2 (1))
Territory and Municipal Services Legislation Amendment Act 2014 A2014-32 pt 4
notified LR 20 August 2014
s 1, s 2 commenced 20 August 2014 (LA s 75 (1))
pt 4 commenced 21 August 2014 (s 2)
Domestic Animals Amendment Act 2014 A2014-39 sch 1
notified LR 30 September 2014
s 1, s 2 commenced 30 September 2014 (LA s 75 (1))
sch 1 commenced 1 October 2014 (s 2)
Statute Law Amendment Act 2015 A2015‑15 sch 3 pt 3.19
notified LR 27 May 2015
s 1, s 2 commenced 27 May 2015 (LA s 75 (1))
sch 3 pt 3.19 commenced 10 June 2015 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Purpose of regulation
s 3	am A2008‑19 s 4
Administering authority
s 6	am A2008‑19 s 4
Infringement notice offences
s 7	am A2008‑19 s 4
Infringement notice penalties
s 8	am A2008‑19 s 4
Contents of infringement notices—identifying particulars for dog or cat
s 9	am A2008‑19 s 4
Contents of infringement notices—other information
s 10	am A2008‑19 s 4
Contents of infringement notices—identifying authorised person
s 11	am A2008‑19 s 4
Contents of reminder notices—identifying authorised person
s 12	am A2008‑19 s 4
Authorised people for infringement notice offences
s 14	am A2008‑19 s 4; A2010‑3 amdt 1.2; A2015‑15 amdt 3.92, amdt 3.93
Expiry of regulation
s 15	om A2008‑7 amdt 1.62
Domestic animals legislation infringement notice offences and penalties
sch 1 hdg	sub SL2008‑19 s 5
Domestic Animals Act 2000
sch 1 pt 1.1 hdg	ins SL2008‑19 s 5
sch 1 pt 1.1	am SL2008‑19 ss 6-9; items renum R2 LA; A2014‑18 amdts 3.66-3.68; A2014‑32 s 9; A2014‑39 amdt 1.1
Domestic Animals Regulation 2001
sch 1 pt 1.2 hdg	ins SL2008‑19 s 10
sch 1 pt 1.2	ins SL2008‑19 s 10
Dictionary
dict	def authorised officer om A2010‑3 amdt 1.3
	def Domestic Animals Act om SL2008‑19 s 11
	def domestic animals legislation ins SL2008‑19 s 11

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.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
12 Nov 2005	12 Nov 2005–
30 Apr 2008	not amended	new regulation	
R2
1 May 2008	1 May 2008–
6 May 2008	SL2008‑19	amendments by SL2008‑19	
R3
7 May 2008	7 May 2008–
17 Feb 2010	SL2008‑19	amendments by A2008‑7	
R4
18 Feb 2010	18 Feb 2010–
9 June 2014	A2010‑3	amendments by A2010‑3	
R5
10 June 2014	10 June 2014–
20 Aug 2014	A2014-18	amendments by A2014-18	
R6
21 Aug 2014	21 Aug 2014‑
30 Sept 2014	A2014‑32	amendments by A2014‑32	
R7
1 Oct 2014	1 Oct 2014‑
9 June 2015	A2014-39	amendments by A2014-39	

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