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This is a Bill, not an Act. For current law, see the Acts databases.
Domestic Animals Amendment (Restricted Breed
Dogs) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2--Amendment of the Domestic Animals Act 1994 3
4 Registration fees 3
5 Registration of restricted breed dogs 3
6 Dangerous dogs 3
7 Dangerous dogs--notification of Council 3
8 New section 37A inserted 4
9 Repeal of section 41EA--prohibition on keeping restricted
breed dogs 4
10 Payments to the Treasurer 4
11 Due date for payments to the Treasurer 5
12 Powers of authorised officers contracted by Councils 5
13 Seizure of dogs believed to be restricted breed dogs 5
14 Amendment to heading--restricted breed dog breeding offence 5
15 Custody of seized dogs believed to be restricted breed dogs 6
16 Recovery of dog believed to be restricted breed dog 6
17 Power to sell or destroy dogs or cats seized under this Part 7
18 Further power to destroy dogs 8
19 Power to serve infringement notice 8
20 VCAT review 9
21 Statute law revision amendment 9
Part 3--Repeal of amending Act 10
22 Repeal of amending Act 10
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Endnotes 11
1 General information 11
i
Domestic Animals Amendment
(Restricted Breed Dogs) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The purpose of this Act is to amend the Domestic
Animals Act 1994--
(a) to further provide for the keeping and
registration of restricted breed dogs; and
(b) to further provide for the acquisition and
identification of dangerous dogs; and
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 1--Preliminary
(c) to further provide for payments to the
Treasurer; and
(d) to make other minor and related
amendments.
2 Commencement
(1) Subject to subsection (2), this Act (other than
section 10(1)) comes into operation on a day or
days to be proclaimed.
(2) If a provision of this Act (other than section 10(1))
does not come into operation before 30 September
2017, it comes into operation on that day.
(3) Section 10(1) comes into operation on 1 July
2018.
3 Principal Act
In this Act, the Domestic Animals Act 1994 is
called the Principal Act.
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 2--Amendment of the Domestic Animals Act 1994
Part 2--Amendment of the
Domestic Animals Act 1994
4 Registration fees
In section 15(4)(d)(i) of the Principal Act, after
"is kept" insert ", or at any time has been kept,".
5 Registration of restricted breed dogs
For section 17(1AA), (1A) (including the note at
the foot of that subsection), (1B) and (1C) of the
Principal Act substitute--
"(1A) A Council--
(a) may register or renew the registration
of a restricted breed dog; and
(b) may impose conditions on the
registration or the renewal of the
registration of a restricted breed dog.
Note
Under sections 10A(4) and 10C(6), a Council
cannot register a restricted breed dog unless the
dog is desexed (subject to the exception under
section 10B(1)(e)) and the dog has been implanted
with a prescribed permanent identification device.".
6 Dangerous dogs
In section 34A of the Principal Act--
(a) in paragraph (a), after "is kept" insert
", or at any time has been kept,";
(b) in paragraph (b), after "the dog" insert
", at any time,".
7 Dangerous dogs--notification of Council
(1) In section 37(1) of the Principal Act, after "a dog
that" insert ", at any time,".
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 2--Amendment of the Domestic Animals Act 1994
(2) After section 37(1B) of the Principal Act insert--
"(1BA) The owner of a dog that has at any time
been kept as a guard dog, within 24 hours of
commencing to keep the dog, must notify the
Council of the municipal district in which the
dog is kept that the dog is being kept in that
municipal district.
Penalty: 5 penalty units.".
8 New section 37A inserted
After section 37 of the Principal Act insert--
"37A Offence not to advise person acquiring a
dangerous dog that it is dangerous dog
A person must not sell or give away a
dangerous dog to another person or
otherwise transfer the ownership of a
dangerous dog to another person unless
before the sale, giving away or transfer of
the dog the person advises the other person
in writing that the dog is a dangerous dog.
Penalty: 5 penalty units.".
9 Repeal of section 41EA--prohibition on keeping
restricted breed dogs
Section 41EA of the Principal Act is repealed.
10 Payments to the Treasurer
(1) Section 69(1)(a) and (aa) of the Principal Act are
repealed.
(2) After section 69(1) of the Principal Act insert--
"(1A) Each Council must pay to the Treasurer in
respect of each registration fee collected by
the Council in each financial year for the
registration or renewal of registration of a
dog or cat--
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 2--Amendment of the Domestic Animals Act 1994
(a) $4.00 for the financial year that
commences immediately after the
commencement of section 10(2) of
the Domestic Animals Amendment
(Restricted Breed Dogs) Act 2017;
and
(b) for each financial year after that,
an amount that increases from the
previous financial year by the annual
rate approved by the Treasurer in
relation to the State Budget for the
purposes of section 8 of the
Subordinate Legislation Act 1994.".
(3) In section 69(2) of the Principal Act, after
"subsection (1)" insert "and (1A)".
11 Due date for payments to the Treasurer
In section 70(1) of the Principal Act, after
"section 69(1)" insert "and (1A)".
12 Powers of authorised officers contracted by
Councils
In section 74A of the Principal Act, for
"41E, 41EA, 41G" substitute "41E, 41G".
13 Seizure of dogs believed to be restricted breed dogs
In section 80 of the Principal Act, after
"that Council" insert ", for the purpose of
determining whether or not the dog is a restricted
breed dog,".
14 Amendment to heading--restricted breed dog
breeding offence
In the heading to section 84EA of the Principal
Act, after "warrant if" insert "restricted breed
dog".
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 2--Amendment of the Domestic Animals Act 1994
15 Custody of seized dogs believed to be restricted
breed dogs
In section 84L(2) of the Principal Act, for "in the
reasonable belief that it" substitute "and the
authorised officer reasonably believes the dog".
16 Recovery of dog believed to be restricted breed dog
(1) For section 84N(1)(a) of the Principal Act
substitute--
"(a) the person has been served with a declaration
under section 98A and--
(i) the person has not applied for a review
of that declaration within the time fixed
under section 98(2A); or
(ii) the person has applied for a review of
that declaration within the time fixed
under section 98(2A) and--
(A) the declaration has been affirmed
by the Victorian Civil and
Administrative Tribunal; or
(B) the application for the review has
been withdrawn, dismissed or
struck out for want of prosecution;
and".
(2) For the note at the foot of section 84N(1) of the
Principal Act substitute--
"Note
Under sections 10A(4) and 10C(6), a Council cannot
register a restricted breed dog unless the dog is desexed
(subject to the exception under section 10B(1)(e)) and the
dog has been implanted with a prescribed permanent
identification device.".
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 2--Amendment of the Domestic Animals Act 1994
(3) For section 84N(2) of the Principal Act
substitute--
"(2) A person may recover a dog under
subsection (1)--
(a) if the person has not applied for a
review of the declaration within the
time fixed under section 98(2A), within
8 days after the expiry of the time fixed
under section 98(2A); or
(b) if the person has applied for a review
of the declaration within the time fixed
under section 98(2A), within 8 days
after whichever of the following
applies--
(i) the declaration is affirmed
by the Victorian Civil and
Administrative Tribunal;
(ii) the application for the review is
withdrawn, dismissed or struck
out for want of prosecution.".
17 Power to sell or destroy dogs or cats seized under
this Part
For section 84O(2) and (3) of the Principal Act
substitute--
"(2) If the owner of a dangerous dog or a
restricted breed dog seized under this Part
may recover the dog under Division 5 but
does not comply with the requirements under
that Division for recovery of the dog within
the period specified in that Division, the
Council or person or body retaining custody
of the dog must destroy the dog as soon as
possible after the expiry of that period.
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 2--Amendment of the Domestic Animals Act 1994
(3) If the owner of a dog or cat (other than a
dangerous dog or a restricted breed dog)
seized under this Part may recover the
animal under Division 5 but does not comply
with the requirements under that Division for
recovery of the animal within the period
specified in that Division, the Council or
person or body retaining custody of the
animal must sell or destroy the animal as
soon as possible after the expiry of that
period in accordance with any relevant
business code of practice or greyhound code
of practice.".
18 Further power to destroy dogs
(1) In section 84P(1) of the Principal Act--
(a) omit "(1)";
(b) for "Subject to subsection (2), the"
substitute "The".
(2) Section 84P(1)(b), (2), (3) and (4) of the Principal
Act are repealed.
19 Power to serve infringement notice
In the Table at the foot of section 85(1) of the
Principal Act--
(a) in Column 2 opposite the words in
Column 1 "Authorised officer appointed
under section 71"--
(i) after "37(2)," insert "37A,";
(ii) omit "41EA,";
(b) in Column 2 opposite the words in
Column 1 "Authorised officer appointed
under section 72"--
(i) after "37(2)," insert "37A,";
(ii) omit "41EA,";
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 2--Amendment of the Domestic Animals Act 1994
(c) in Column 2 opposite the words in
Column 1 "Authorised officer appointed
under section 72A", omit "41EA,".
20 VCAT review
In section 98(2)(b) of the Principal Act, for
", 10C(6) or 17(1AA)" substitute "or 10C(6)".
21 Statute law revision amendment
In section 84Q(3)(b) of the Principal Act, for
"Part 7E" substitute "section 98(2A)".
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Part 3--Repeal of amending Act
Part 3--Repeal of amending Act
22 Repeal of amending Act
This Act is repealed on 1 July 2019.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Domestic Animals Amendment (Restricted Breed Dogs) Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Domestic Animals Act 1994 in relation to restricted breed dogs,
dangerous dogs, payments to the Treasurer and to make minor and related
amendments and for other purposes."
By Authority. Government Printer for the State of Victoria.
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