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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Cat Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Term used: owner 4
Part 2 -- Registration, identification
and sterilisation of cats
Division 1 -- Registration and tagging
Subdivision 1 -- Cats must be registered and tagged
5. Cats to be registered 6
6. Cats to wear tags 6
7. Interference with tag 7
Subdivision 2 -- How to register a cat
8. Application for registration 7
9. Registration 7
10. Cancellation of registration 9
11. Registration numbers, certificates and tags 9
12. Register of cats 9
13. Notice to be given of certain decisions made under
this Subdivision 10
Division 2 -- Microchipping
14. Cats to be microchipped 10
15. Microchip implanter to give information to
microchip database company 11
16. Microchip database company's obligations 11
17. Interference with microchips 11
197--3 page i
Cat Bill 2011
Contents
Division 3 -- Sterilisation
18. Cats to be sterilised 11
19. Identifying as sterilised a cat that is not sterilised 12
20. Notice of sterilisation to be given to microchip
database company 12
21. Certificate of sterilisation to be given 12
Division 4 -- Transfer of ownership of cats
22. Terms used 13
23. Transfer of ownership of cats 13
24. Notice to be given of transfer of cat 14
Division 5 -- Changes to recorded information
25. Notice to be given of changes to recorded
information 14
Part 3 -- Management of cats
Division 1 -- Cat control notices
26. Cat control notice may be given to cat owner 16
Division 2 -- Seizing cats
27. Cats may be seized 16
28. Disposing of seized cats 17
Division 3 -- Dealing with cats at cat
management facilities
29. Application of Division 17
30. Obligation to identify a cat's owner 17
31. Cat owner liable to pay costs to cat management
facility 17
32. Notice to be given to cat's owner, if identified 18
33. Operator of cat management facility may have cat
microchipped and sterilised 19
34. Dealing with unidentified and unclaimed cats 19
Division 4 -- Breeding of cats
Subdivision 1 -- Restrictions on breeding cats
35. Only approved cat breeders may breed cats 20
Subdivision 2 -- Becoming an approved cat breeder
36. Application for approval to breed cats 21
37. Approval to breed cats 21
38. Cancellation of approval to breed cats 22
39. Certificate to be given to approved cat breeder 22
page ii
Cat Bill 2011
Contents
40. Notice to be given of certain decisions made under
this Subdivision 23
Division 5 -- Miscellaneous
41. Cats not to be offered as prizes 23
Part 4 -- Administration and
enforcement
Division 1 -- Administration
42. Administration by local governments 24
43. Places to be regarded as within district 24
Division 2 -- Delegations
44. Delegation by local government 24
45. Delegation by CEO of local government 25
46. Other matters relevant to delegations under this
Division 26
47. Register of, and review of, delegations 26
Division 3 -- Authorised persons
Subdivision 1 -- Appointment of authorised persons
48. Authorised persons 26
Subdivision 2 -- Particular powers of authorised
persons
49. Authorised person may cause a cat to be destroyed 27
50. Persons found committing breach of Act to give
name on demand 28
51. Power to enter premises 28
52. General powers of authorised person 30
53. Act does not derogate from powers of police
officers 30
54. Obstruction 30
Subdivision 3 -- Warrants
55. Grounds for a search warrant 31
56. Grounds for a warrant to seize cat 31
57. Application for warrant 31
58. Form of warrant 31
59. Effect of warrant 31
60. Execution of warrant 32
Division 4 -- Infringement notices
61. Terms used 32
page iii
Cat Bill 2011
Contents
62. Giving an infringement notice 32
63. Content of infringement notice 33
64. Extension of time 33
65. Withdrawal of notice 33
66. Benefit of paying modified penalty 34
67. Application of penalties collected 34
Division 5 -- Objections and review
68. When this Division applies 34
69. Objection may be lodged 35
70. Dealing with objection 35
71. Review of decisions 36
72. Suspension of effect of some decisions 36
Division 6 -- Legal proceedings
73. Prosecutions 37
74. Additional court orders 38
75. Evidentiary matters 38
Part 5 -- Subsidiary legislation
Division 1 -- Regulations
76. General regulations 40
77. Regulations that operate as local laws 40
78. Provisions about regulations 41
Division 2 -- Local laws
79. Local laws 41
80. Places outside district 42
81. Inconsistency with written laws 43
82. Local laws may adopt codes etc. 43
83. Model local laws 44
84. Creating offences and prescribing penalties 44
Part 6 -- Miscellaneous
85. False or misleading information 45
86. Review of Act 45
Defined Terms
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Cat Bill 2011
A Bill for
An Act to --
• provide for the control and management of cats; and
• promote and encourage the responsible ownership of cats,
and for related matters.
The Parliament of Western Australia enacts as follows:
page 1
Cat Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Cat Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act, other than the provisions referred to
9 in paragraph (c) -- on 1 November 2012;
10 (c) sections 5, 6, 14(1), 18(1), 22 to 24, 26 to 35, 41, 49, 55
11 to 60 and 86 -- on 1 November 2013.
12 3. Terms used
13 (1) In this Act, unless the context otherwise requires --
14 approved cat breeder means a person who has an approval to
15 breed cats under section 37;
16 authorised person means --
17 (a) a police officer; or
18 (b) a person appointed under section 48(1);
19 cat means an animal of the species felis catus or a hybrid of that
20 species;
21 cat management facility means --
22 (a) a facility operated by a local government that is, or may
23 be, used for keeping cats; or
24 (b) a facility for keeping cats that is operated by a person or
25 body prescribed; or
26 (c) a facility for keeping cats that is operated by a person or
27 body approved in writing by a local government;
page 2
Cat Bill 2011
Preliminary Part 1
s. 3
1 microchip means an identification device of a prescribed type
2 that --
3 (a) is capable of being implanted in a cat; and
4 (b) is designed to record information in a way that can be
5 electronically retrieved;
6 microchip database means a database --
7 (a) of records containing information about a cat and its
8 owner; and
9 (b) kept by a microchip database company;
10 microchip database company means --
11 (a) a person or body --
12 (i) that keeps a microchip database; and
13 (ii) that is prescribed as a microchip database
14 company for the purposes of this definition;
15 and
16 (b) in relation to a particular cat, means the microchip
17 database company that keeps, or has agreed to keep,
18 records containing information about that cat and its
19 owner;
20 microchip implanter means --
21 (a) a prescribed person; or
22 (b) a person holding the prescribed qualifications for a
23 microchip implanter;
24 microchipped means implanted with a microchip in a prescribed
25 manner;
26 owner, in relation to a cat, has the meaning given in section 4;
27 premises includes the following --
28 (a) land (whether or not vacant);
29 (b) the whole or part of a building or structure (whether of a
30 permanent or temporary nature);
31 (c) a vehicle;
page 3
Cat Bill 2011
Part 1 Preliminary
s. 4
1 prescribed means prescribed under regulations made under this
2 Act;
3 public place means any place to which the public has lawful
4 access;
5 register means a register kept by a local government under
6 section 12;
7 registered means registered under section 9;
8 registered owner, in relation to a cat, means the person in whose
9 name the cat is registered;
10 registration tag, in relation to a cat, means the registration tag
11 given to the owner of the cat under section 11(1)(c);
12 scan means to scan in a manner that enables a microchip to be
13 detected and the information recorded to be electronically
14 retrieved;
15 sterilised means made permanently infertile by a surgical
16 procedure;
17 transfer, in relation to ownership of a cat, includes --
18 (a) sell, trade, give away, take consideration for, transfer
19 ownership of and offer for sale; and
20 (b) to reclaim from a cat management facility;
21 veterinarian means a registered veterinary surgeon as defined in
22 the Veterinary Surgeons Act 1960 section 2.
23 (2) Words and expressions defined in the Local Government
24 Act 1995 have the same meaning in this Act, unless the contrary
25 intention appears.
26 4. Term used: owner
27 (1) In this Act --
28 owner, in relation to a cat, means any of these persons --
29 (a) in the case of a cat that is registered, the registered
30 owner of the cat; or
page 4
Cat Bill 2011
Preliminary Part 1
s. 4
1 (b) in the case of a cat that is not registered, a person who,
2 or an owner of a business or organisation that, ordinarily
3 keeps and cares for the cat; or
4 (c) if a person referred to in paragraph (b) is a child under
5 18 years of age, that child's parent or guardian.
6 (2) In the case of a cat that is not registered, but is microchipped, a
7 person whose name is recorded as the owner of the cat in a
8 microchip database is to be taken, in the absence of evidence to
9 the contrary, to be a person who ordinarily keeps and cares for
10 the cat.
page 5
Cat Bill 2011
Part 2 Registration, identification and sterilisation of cats
Division 1 Registration and tagging
s. 5
1 Part 2 -- Registration, identification and sterilisation
2 of cats
3 Division 1 -- Registration and tagging
4 Subdivision 1 -- Cats must be registered and tagged
5 5. Cats to be registered
6 (1) The owner of a cat that has reached 6 months of age must
7 ensure that the cat is registered with the local government in
8 whose district the cat is ordinarily kept.
9 Penalty: a fine of $5 000.
10 (2) Subsection (1) does not apply if --
11 (a) the cat has been kept by the person for less than 14 days;
12 or
13 (b) the person has been resident in the State for less than
14 14 days; or
15 (c) the cat belongs to a class of cats prescribed as exempt
16 from registration.
17 6. Cats to wear tags
18 (1) The owner of a registered cat must ensure that when the cat is in
19 a public place the cat is wearing its registration tag.
20 Penalty: a fine of $5 000.
21 (2) Subsection (1) does not apply if the cat belongs to a class of cats
22 prescribed as exempt from wearing registration tags when in a
23 public place.
24 (3) It is a defence to a charge under subsection (1) if the accused
25 establishes that --
26 (a) the contravention in respect of which the proceeding
27 was instituted was due to --
28 (i) the act or default of another person; or
page 6
Cat Bill 2011
Registration, identification and sterilisation of cats Part 2
Registration and tagging Division 1
s. 7
1 (ii) an accident; or
2 (iii) some other cause beyond the accused's control;
3 and
4 (b) the accused took reasonable precautions and could not
5 by the exercise of due diligence have prevented the
6 commission of the offence.
7 7. Interference with tag
8 A person must not, without reasonable excuse, remove or
9 interfere with a registration tag worn by a cat.
10 Penalty: a fine of $5 000.
11 Subdivision 2 -- How to register a cat
12 8. Application for registration
13 (1) The owner of a cat that is ordinarily kept in the district of a local
14 government may apply to that local government for the grant or
15 renewal of the registration of the cat.
16 (2) An application for the grant or renewal of the registration of a
17 cat is to --
18 (a) be made in the manner and form prescribed; and
19 (b) be accompanied by the fee, if any, prescribed; and
20 (c) comply with such other requirements, if any, prescribed.
21 9. Registration
22 (1) On receiving an application for the grant or renewal of the
23 registration of a cat under section 8, a local government is to --
24 (a) grant or refuse to grant the registration of the cat; or
25 (b) renew or refuse to renew the registration of the cat.
26 (2) A local government must refuse an application for the grant or
27 renewal of the registration of a cat if, and only if, the local
page 7
Cat Bill 2011
Part 2 Registration, identification and sterilisation of cats
Division 1 Registration and tagging
s. 9
1 government is satisfied that one or more of the following
2 apply --
3 (a) the applicant is a child under 18 years of age;
4 (b) the cat belongs to a class of cats prescribed as exempt
5 from registration;
6 (c) the cat is not microchipped;
7 (d) the cat is not sterilised;
8 (e) the applicant has been convicted within the previous
9 3 years of 2 or more offences against any of the
10 following --
11 (i) this Act;
12 (ii) the Dog Act 1976;
13 (iii) the Animal Welfare Act 2002.
14 (3) Despite subsection (2)(c), a local government must not refuse an
15 application for the grant or renewal of the registration of a cat
16 that is not microchipped if the cat is exempt from microchipping
17 as referred to in section 14(2).
18 (4) Despite subsection (2)(d), a local government must not refuse
19 an application for the grant or renewal of the registration of a
20 cat that is not sterilised if the cat is exempt from sterilisation as
21 referred to in section 18(2).
22 (5) A local government to which an application is made may
23 require the applicant to give the local government, within a
24 specified time of not more than 21 days, any document or
25 information that it requires to determine the application and may
26 require the applicant to verify the information by statutory
27 declaration.
28 (6) The local government may refuse to consider an application if
29 the applicant does not comply with a requirement under
30 subsection (5) within the specified time.
31 (7) Subject to this Act, the grant or renewal of the registration of a
32 cat has effect for the period, or periods, prescribed.
page 8
Cat Bill 2011
Registration, identification and sterilisation of cats Part 2
Registration and tagging Division 1
s. 10
1 10. Cancellation of registration
2 A local government may cancel the registration of a cat --
3 (a) if the cat --
4 (i) has died; or
5 (ii) is no longer kept in the State; or
6 (iii) has been registered with another local
7 government;
8 or
9 (b) if the owner of the cat has been convicted within the
10 period of 12 months before the cancellation of 2 or more
11 offences against any of the following --
12 (i) this Act;
13 (ii) the Dog Act 1976;
14 (iii) the Animal Welfare Act 2002.
15 11. Registration numbers, certificates and tags
16 (1) A local government that registers a cat is to --
17 (a) allot a registration number to the cat; and
18 (b) give the owner of the cat a registration certificate in the
19 prescribed form for the cat; and
20 (c) give the owner of the cat a registration tag for the cat
21 showing the registration number allotted to the cat.
22 (2) If a local government is satisfied that a registration certificate or
23 registration tag for a cat has been stolen, lost, damaged or
24 destroyed, the local government may give the owner a new
25 registration certificate or tag for the cat.
26 12. Register of cats
27 (1) A local government is to keep an accurate and up-to-date
28 register of cats registered by the local government.
page 9
Cat Bill 2011
Part 2 Registration, identification and sterilisation of cats
Division 2 Microchipping
s. 13
1 (2) The register is to be kept in such form as the local government
2 thinks fit.
3 (3) The local government is to record in the register the information
4 prescribed in respect of each cat registered by the local
5 government.
6 (4) The local government may cause any error in, or omission from,
7 the register to be corrected.
8 13. Notice to be given of certain decisions made under this
9 Subdivision
10 (1) Within 7 days after making a decision referred to in
11 subsection (2) the local government is to give to the owner of
12 the cat the subject of the decision, notice in writing of --
13 (a) the decision; and
14 (b) the reasons for the decision; and
15 (c) the person's rights under Part 4 Division 5 to object
16 against, and apply for a review of, the decision.
17 (2) The decisions to which subsection (1) applies are a decision
18 to --
19 (a) refuse to grant or renew the registration of a cat under
20 section 9; or
21 (b) cancel the registration of a cat under section 10.
22 Division 2 -- Microchipping
23 14. Cats to be microchipped
24 (1) The owner of a cat that has reached 6 months of age must
25 ensure that the cat is microchipped, unless the cat is exempt
26 from microchipping.
27 Penalty: a fine of $5 000.
page 10
Cat Bill 2011
Registration, identification and sterilisation of cats Part 2
Sterilisation Division 3
s. 15
1 (2) A cat is exempt from microchipping if a certificate given by a
2 veterinarian stating that the implantation of a microchip in the
3 cat may adversely affect the health and welfare of the cat
4 applies in respect of the cat.
5 (3) A certificate referred to in subsection (2) cannot apply in respect
6 of a cat that is under 6 months of age.
7 15. Microchip implanter to give information to microchip
8 database company
9 A microchip implanter who implants a microchip in a cat must,
10 within 7 days after the microchip is implanted, give notice in
11 writing in the form, if any, prescribed of the information
12 prescribed to the microchip database company for that cat.
13 Penalty: a fine of $5 000.
14 16. Microchip database company's obligations
15 A microchip database company for a cat must keep and
16 maintain in its microchip database the information prescribed
17 under section 15 in respect of the cat.
18 Penalty: a fine of $5 000.
19 17. Interference with microchips
20 A person must not, without reasonable excuse, remove or
21 interfere with a microchip implanted in a cat.
22 Penalty: a fine of $5 000.
23 Division 3 -- Sterilisation
24 18. Cats to be sterilised
25 (1) The owner of a cat that has reached 6 months of age must
26 ensure that the cat is sterilised by a veterinarian, unless the cat is
27 exempt from sterilisation.
28 Penalty: a fine of $5 000.
page 11
Cat Bill 2011
Part 2 Registration, identification and sterilisation of cats
Division 3 Sterilisation
s. 19
1 (2) A cat is exempt from sterilisation if any of the following apply
2 in respect of the cat --
3 (a) a certificate given by a veterinarian stating that to
4 sterilise the cat may adversely affect the health and
5 welfare of the cat applies in respect of the cat;
6 (b) the cat is owned, for the purpose of breeding, by an
7 approved cat breeder;
8 (c) the cat belongs to a class of cats prescribed as exempt
9 from sterilisation.
10 (3) A certificate referred to in subsection (2)(a) cannot apply in
11 respect of a cat that is under 6 months of age.
12 19. Identifying as sterilised a cat that is not sterilised
13 A person must not identify a cat as sterilised in the manner
14 prescribed if it is not sterilised.
15 Penalty: a fine of $5 000.
16 20. Notice of sterilisation to be given to microchip database
17 company
18 A veterinarian who sterilises a microchipped cat must, within
19 7 days after sterilising the cat, give notice in writing in the form,
20 if any, prescribed of the sterilisation of the cat to the microchip
21 database company for that cat.
22 Penalty: a fine of $5 000.
23 21. Certificate of sterilisation to be given
24 A veterinarian who sterilises a cat must give a certificate of
25 sterilisation to the owner of the cat.
26 Penalty: a fine of $5 000.
page 12
Cat Bill 2011
Registration, identification and sterilisation of cats Part 2
Transfer of ownership of cats Division 4
s. 22
1 Division 4 -- Transfer of ownership of cats
2 22. Terms used
3 In this Division --
4 purchaser, of a cat, means the person to whom the cat is
5 transferred;
6 seller, of a cat, means the person by whom the cat is transferred.
7 23. Transfer of ownership of cats
8 (1) A person must not transfer a cat that is not microchipped unless,
9 at the time of the transfer, the person is satisfied that a
10 certificate referred to in section 14(2) applies in respect of the
11 cat.
12 Penalty: a fine of $5 000.
13 (2) A person must not transfer a cat that is not sterilised unless, at
14 the time of the transfer --
15 (a) the person is satisfied that --
16 (i) a certificate referred to in section 18(2)(a)
17 applies in respect of the cat; or
18 (ii) the purchaser is an approved cat breeder and the
19 purchaser is purchasing the cat for the purpose of
20 breeding; or
21 (iii) the cat belongs to a class of cats prescribed as
22 exempt from sterilisation;
23 or
24 (b) a voucher is given to the purchaser by the person to
25 enable the purchaser to have the cat sterilised at a later
26 date by a veterinarian at no cost to the purchaser.
27 Penalty: a fine of $5 000.
page 13
Cat Bill 2011
Part 2 Registration, identification and sterilisation of cats
Division 5 Changes to recorded information
s. 24
1 (3) This section, or a part of this section prescribed, does not
2 apply --
3 (a) in respect of a cat that belongs to a class of cats, if any,
4 prescribed; or
5 (b) in the circumstances, if any, prescribed.
6 24. Notice to be given of transfer of cat
7 Within 7 days after the transfer of a cat, the seller of the cat
8 must give notice in writing --
9 (a) to the local government with which the cat is registered,
10 of --
11 (i) the name and address of the purchaser of the cat;
12 and
13 (ii) any other changes to the information prescribed
14 under section 12(3) in respect of the cat;
15 and
16 (b) to the microchip database company for that cat, of --
17 (i) the name and address of the purchaser of the cat;
18 and
19 (ii) any other changes to the information prescribed
20 under section 15 in respect of the cat.
21 Penalty: a fine of $5 000.
22 Division 5 -- Changes to recorded information
23 25. Notice to be given of changes to recorded information
24 The owner of a cat must give notice in writing --
25 (a) to the local government with which the cat is registered,
26 if there is a change to any of the information prescribed
27 under section 12(3) in respect of the cat; and
page 14
Cat Bill 2011
Registration, identification and sterilisation of cats Part 2
Changes to recorded information Division 5
s. 25
1 (b) to the microchip database company for that cat, if there
2 is a change to any of the information prescribed under
3 section 15 in respect of the cat,
4 within 7 days after the change to the information.
5 Penalty: a fine of $5 000.
page 15
Cat Bill 2011
Part 3 Management of cats
Division 1 Cat control notices
s. 26
1 Part 3 -- Management of cats
2 Division 1 -- Cat control notices
3 26. Cat control notice may be given to cat owner
4 (1) A local government may give a cat control notice to a person
5 who is the owner of a cat ordinarily kept in its district.
6 (2) A cat control notice is to --
7 (a) be in the form prescribed; and
8 (b) identify the cat or cats in respect of which the notice is
9 given and indicate where the cat or cats are, or are
10 suspected to be; and
11 (c) direct the person to whom the notice is given to comply
12 with a provision of this Act, the regulations or a local
13 law in respect of the cat or cats; and
14 (d) specify the period within which the person to whom it is
15 given is to comply with the notice.
16 Division 2 -- Seizing cats
17 27. Cats may be seized
18 An authorised person may --
19 (a) in any public place, seize any cat that the authorised
20 person believes, or suspects, on reasonable grounds is
21 the subject of an offence against this Act; or
22 (b) in any premises lawfully entered by the authorised
23 person, seize any cat --
24 (i) at the request, or with the consent, of the person
25 who is, or appears to be, the owner or occupier of
26 the premises; or
27 (ii) under a warrant issued under Part 4 Division 3
28 Subdivision 3.
page 16
Cat Bill 2011
Management of cats Part 3
Dealing with cats at cat management facilities Division 3
s. 28
1 28. Disposing of seized cats
2 An authorised person is to ensure that a cat seized is --
3 (a) taken to its owner; or
4 (b) impounded in a cat management facility.
5 Division 3 -- Dealing with cats at cat management facilities
6 29. Application of Division
7 This Division does not apply to a cat kept temporarily at a cat
8 management facility at the request of its owner.
9 30. Obligation to identify a cat's owner
10 (1) If the identity of the owner of a cat entering a cat management
11 facility is unknown to the operator of the facility, then, as soon
12 as practicable after the cat enters the facility the operator must
13 make every reasonable attempt to identify the owner of the cat
14 including, where possible, by scanning the cat.
15 Penalty: a fine of $5 000.
16 (2) Despite subsection (1), a person does not have to scan a cat if --
17 (a) the cat behaves aggressively towards the person or any
18 other person; and
19 (b) the person believes on reasonable grounds that there is a
20 danger to the health or safety of any person in
21 attempting to scan the cat.
22 31. Cat owner liable to pay costs to cat management facility
23 (1) The owner of a cat kept at a cat management facility is liable to
24 pay to the operator of the facility the reasonable costs associated
25 with any of the following that have been incurred in relation to
26 the cat --
27 (a) removing and impounding the cat;
28 (b) keeping and caring for the cat;
29 (c) the implantation of a microchip in the cat under
30 section 33;
page 17
Cat Bill 2011
Part 3 Management of cats
Division 3 Dealing with cats at cat management facilities
s. 32
1 (d) the sterilisation of the cat under section 33;
2 (e) the destruction and the disposal of the cat under
3 section 34.
4 (2) The operator of a cat management facility may recover the
5 amount of the costs referred to in subsection (1) from the owner
6 of the cat in a court of competent jurisdiction.
7 32. Notice to be given to cat's owner, if identified
8 If the operator of a cat management facility knows the identity
9 of the owner of a cat kept at the facility then the operator is to
10 take all reasonable steps to ensure that the owner of the cat is
11 notified in writing --
12 (a) of the name and address of the cat management facility
13 where the cat is being kept; and
14 (b) that the cat may be re-housed, offered for sale or
15 destroyed if the cat is not reclaimed by its owner within
16 the holding period specified in the notice (that is not to
17 be less than 7 working days from the notice being
18 given); and
19 (c) of the costs that the owner may be liable for under
20 section 31; and
21 (d) where relevant, that under section 33 --
22 (i) the cat is to be microchipped, unless it is proved
23 to the satisfaction of the operator, within the
24 holding period specified in the notice, that the cat
25 is exempt from microchipping as referred to in
26 section 14(2);
27 (ii) that the cat is to be sterilised, unless it is proved
28 to the satisfaction of the operator, within the
29 holding period specified in the notice, that the cat
30 is exempt from sterilisation as referred to in
31 section 18(2).
32 Penalty: a fine of $5 000.
page 18
Cat Bill 2011
Management of cats Part 3
Dealing with cats at cat management facilities Division 3
s. 33
1 33. Operator of cat management facility may have cat
2 microchipped and sterilised
3 If the operator of a cat management facility --
4 (a) believes on reasonable grounds that a cat kept at the
5 facility is not microchipped, and has no reason to
6 believe that the cat is exempt from microchipping as
7 referred to in section 14(2); or
8 (b) believes on reasonable grounds that a cat kept at the
9 facility is not sterilised, and has no reason to believe that
10 the cat is exempt from sterilisation as referred to in
11 section 18(2),
12 then the operator of the cat management facility may do
13 anything necessary to ensure that the cat is microchipped or
14 sterilised, or both, as is relevant, before the cat is reclaimed or
15 otherwise transferred from that facility.
16 34. Dealing with unidentified and unclaimed cats
17 (1) If --
18 (a) the operator of a cat management facility does not know
19 the identity of the owner of a cat and fails to identify the
20 owner within 3 working days of the cat entering the cat
21 management facility; or
22 (b) the owner of a cat notified under section 32 has not
23 reclaimed the cat within --
24 (i) 7 working days from the notice being given
25 under that section; or
26 (ii) the holding period specified in the notice,
27 whichever is later; or
28 (c) the owner of a cat has surrendered the cat to the cat
29 management facility,
30 then the operator of the facility may --
31 (d) transfer the cat; or
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Cat Bill 2011
Part 3 Management of cats
Division 4 Breeding of cats
s. 35
1 (e) cause the cat to be destroyed in a humane manner.
2 (2) Despite subsection (1), the operator of a cat management
3 facility may cause any cat kept at the facility to be destroyed in
4 a humane manner immediately --
5 (a) if the operator believes on reasonable grounds that the
6 cat --
7 (i) is feral, diseased or dangerous; and
8 (ii) has caused or given, or is likely to cause or give,
9 serious injury, or serious illness, to a person,
10 another animal or itself; or
11 (b) in the circumstances, if any, prescribed.
12 Division 4 -- Breeding of cats
13 Subdivision 1 -- Restrictions on breeding cats
14 35. Only approved cat breeders may breed cats
15 (1) A person must not breed cats unless the person is an approved
16 cat breeder.
17 Penalty: a fine of $5 000.
18 (2) If a person is convicted of an offence under subsection (1), the
19 court may, in addition to any penalty imposed under that
20 subsection, order that the person must take immediate action to
21 ensure that any, or all, cats owned by the person, as is specified
22 in the order, are sterilised.
23 (3) A court that makes an order under this section is to ensure that a
24 copy of the order is provided to the local government for the
25 district in which the person subject to the order lives.
26 (4) An order under this section may be enforced as if it were a
27 judgment of the court.
page 20
Cat Bill 2011
Management of cats Part 3
Breeding of cats Division 4
s. 36
1 Subdivision 2 -- Becoming an approved cat breeder
2 36. Application for approval to breed cats
3 (1) The owner of a cat that is ordinarily kept in the district of a local
4 government may apply to the local government for the grant or
5 renewal of an approval to breed cats.
6 (2) An application for the grant or renewal of an approval to breed
7 cats is to --
8 (a) be made in the manner and form prescribed; and
9 (b) be accompanied by the fee, if any, prescribed; and
10 (c) comply with such other requirements, if any, prescribed.
11 37. Approval to breed cats
12 (1) On receiving an application for the grant or renewal of an
13 approval to breed cats under section 36, a local government is
14 to --
15 (a) grant or refuse to grant an approval for the person to
16 breed cats; or
17 (b) renew or refuse to renew an approval for the person to
18 breed cats.
19 (2) A local government may refuse an application for the grant or
20 renewal of an approval to breed cats only if the local
21 government is satisfied that one or more of the following
22 apply --
23 (a) the applicant is a child under 18 years of age;
24 (b) the applicant has no, or insufficient, facilities to breed
25 cats in a safe and ethical way;
26 (c) the applicant has no, or unsuitable, premises where cats
27 can be bred in a safe and ethical way;
28 (d) the applicant has been convicted within the previous
29 3 years of an offence against --
30 (i) this Act; or
page 21
Cat Bill 2011
Part 3 Management of cats
Division 4 Breeding of cats
s. 38
1 (ii) the Dog Act 1976; or
2 (iii) the Animal Welfare Act 2002;
3 (e) the applicant is not a fit and proper person to breed cats;
4 (f) such other circumstances, if any, as are prescribed.
5 (3) A local government to which an application is made may
6 require the applicant to give the local government, within a
7 specified time of not more than 21 days, any document or
8 information that it requires to determine the application and may
9 require the applicant to verify the information by statutory
10 declaration.
11 (4) The local government may refuse to consider an application if
12 the applicant does not comply with a requirement under
13 subsection (3) within the specified time.
14 (5) Despite subsection (2), a local government is not to refuse to
15 grant or renew an approval to breed cats if the applicant belongs
16 to a class of persons prescribed for the purposes of this
17 subsection.
18 (6) Subject to this Act, the grant or renewal of an approval to breed
19 cats has effect for the period, or periods, prescribed.
20 38. Cancellation of approval to breed cats
21 A local government may cancel an approval to breed cats if one
22 or more of the things set out in section 37(2) applies in respect
23 of the approved cat breeder.
24 39. Certificate to be given to approved cat breeder
25 (1) A local government that gives approval to a person to breed cats
26 is to give the person a certificate in the prescribed form.
27 (2) If a local government is satisfied that a certificate has been
28 stolen, lost, damaged or destroyed, the local government may
29 give the approved cat breeder a new certificate.
page 22
Cat Bill 2011
Management of cats Part 3
Miscellaneous Division 5
s. 40
1 40. Notice to be given of certain decisions made under this
2 Subdivision
3 (1) Within 7 days after making a decision referred to in
4 subsection (2) the local government is to give to the person
5 affected by the decision notice in writing of --
6 (a) the decision; and
7 (b) the reasons for the decision; and
8 (c) the person's rights under Part 4 Division 5 to object
9 against, and apply for a review of, the decision.
10 (2) The decisions to which subsection (1) applies are a decision
11 to --
12 (a) refuse to approve or renew the approval of a person to
13 breed cats under section 37; or
14 (b) cancel the approval of a person to breed cats under
15 section 38.
16 Division 5 -- Miscellaneous
17 41. Cats not to be offered as prizes
18 A person must not offer a cat as a prize in a raffle or similar
19 event or game of chance.
20 Penalty: a fine of $5 000.
page 23
Cat Bill 2011
Part 4 Administration and enforcement
Division 1 Administration
s. 42
1 Part 4 -- Administration and enforcement
2 Division 1 -- Administration
3 42. Administration by local governments
4 A local government is to administer its local laws and may do
5 all other things that are necessary or convenient to be done for,
6 or in connection with, performing its functions under this Act.
7 43. Places to be regarded as within district
8 (1) If the Governor has, under section 80, given approval for a local
9 government to make a local law that has effect as if the local
10 government's district included a part of the State that is not in a
11 district, that approval is to be taken to include approval under
12 the Local Government Act 1995 section 3.19 to the extent
13 necessary for the proper administration of that local law.
14 (2) For the purposes of the performance of a function under this Act
15 by an authorised person appointed by a local government, the
16 district of the local government is to be regarded as including --
17 (a) any part of the State into which the authorised person
18 has pursued a cat or person; and
19 (b) any part of the State in which the authorised person has
20 performed a function in relation to an offence against
21 this Act that occurred, or that the authorised person
22 believes, or suspects, on reasonable grounds occurred, in
23 the district of the local government that appointed the
24 authorised person.
25 Division 2 -- Delegations
26 44. Delegation by local government
27 (1) The local government may delegate to its CEO the exercise of
28 any of its powers or the discharge of any of its duties under
29 another provision of this Act.
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Cat Bill 2011
Administration and enforcement Part 4
Delegations Division 2
s. 45
1 (2) A delegation under this section is to be in writing and may be
2 general or as otherwise provided in the instrument of delegation.
3 (3) A decision to delegate under this section is to be made by an
4 absolute majority.
5 45. Delegation by CEO of local government
6 (1) A CEO may delegate to any employee of the local government
7 the exercise of any of the CEO's powers or the discharge of any
8 of the CEO's duties under another provision of this Act.
9 (2) A delegation under this section is to be in writing and may be
10 general or as otherwise provided in the instrument of delegation.
11 (3) This section extends to a power or duty the exercise or
12 discharge of which has been delegated by a local government to
13 the CEO under section 44, but in the case of such a power or
14 duty --
15 (a) the CEO's power under this section to delegate the
16 exercise of that power or the discharge of that duty; and
17 (b) the exercise of that power or the discharge of that duty
18 by the CEO's delegate,
19 are subject to any conditions imposed by the local government
20 on its delegation to the CEO.
21 (4) Subsection (3)(b) does not limit the CEO's power to impose
22 conditions or further conditions on a delegation under this
23 section.
24 (5) In subsections (3) and (4) --
25 conditions includes qualifications, limitations or exceptions.
26 (6) A power or duty under section 63, 64 or 65 cannot be delegated
27 to an authorised person.
page 25
Cat Bill 2011
Part 4 Administration and enforcement
Division 3 Authorised persons
s. 46
1 46. Other matters relevant to delegations under this Division
2 (1) Without limiting the application of the Interpretation Act 1984
3 sections 58 and 59 --
4 (a) a delegation made under this Division has effect for the
5 period of time specified in the delegation or where no
6 period has been specified, indefinitely; and
7 (b) any decision to amend or revoke a delegation by a local
8 government under this Division is to be by an absolute
9 majority.
10 (2) Nothing in this Division is to be read as preventing --
11 (a) a local government from performing any of its functions
12 by acting through a person other than the CEO; or
13 (b) a CEO from performing any of his or her functions by
14 acting through another person.
15 47. Register of, and review of, delegations
16 (1) The CEO of a local government is to keep a register of the
17 delegations made under this Division to the CEO and to
18 employees of the local government.
19 (2) At least once every financial year, delegations made under this
20 Division are to be reviewed by the delegator.
21 (3) A person to whom a power or duty is delegated under this
22 Division is to keep records in accordance with regulations in
23 relation to the exercise of the power or the discharge of the duty.
24 Division 3 -- Authorised persons
25 Subdivision 1 -- Appointment of authorised persons
26 48. Authorised persons
27 (1) A local government may, in writing, appoint persons or classes
28 of persons to be authorised for the purposes of performing
29 particular functions under this Act.
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Cat Bill 2011
Administration and enforcement Part 4
Authorised persons Division 3
s. 49
1 (2) A person who is not an employee of a local government cannot
2 be appointed to be an authorised person for the purposes of
3 section 62.
4 (3) An authorisation under this section may be made on such
5 conditions as the local government determines, in writing given
6 to the authorised person.
7 (4) The local government may, in writing given to the authorised
8 person, at any time, cancel an authorisation under this section or
9 add, vary or cancel a condition of an authorisation.
10 (5) The local government is to issue to each authorised person
11 appointed under subsection (1) a certificate stating that the
12 person is an authorised person for the purposes of this Act.
13 (6) An authorised person appointed under subsection (1) must --
14 (a) carry the certificate at all times when exercising powers
15 or performing functions as an authorised person; and
16 (b) produce for inspection the certificate at the reasonable
17 request of any person; and
18 (c) if he or she ceases to be an authorised person, return the
19 certificate to the local government as soon as is
20 practicable.
21 Penalty: a fine of $5 000.
22 Subdivision 2 -- Particular powers of authorised persons
23 49. Authorised person may cause a cat to be destroyed
24 (1) An authorised person may cause a cat to be destroyed in a
25 humane manner --
26 (a) if the person believes on reasonable grounds that the
27 cat --
28 (i) is feral, diseased or dangerous; and
29 (ii) has caused or given, or is likely to cause or give,
30 serious injury, or serious illness, to a person,
31 another animal or itself; or
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Cat Bill 2011
Part 4 Administration and enforcement
Division 3 Authorised persons
s. 50
1 (b) at the request of the owner of the cat; or
2 (c) in the circumstances, if any, prescribed.
3 (2) The owner of a cat destroyed under this section is liable to pay
4 to the local government that appointed the authorised person the
5 reasonable costs associated with the destruction and the disposal
6 of the cat.
7 (3) The local government may recover the amount of the costs
8 referred to in subsection (2) from the owner of the cat in a court
9 of competent jurisdiction.
10 50. Persons found committing breach of Act to give name on
11 demand
12 (1) An authorised person who --
13 (a) finds a person committing; or
14 (b) on reasonable grounds suspects a person of having
15 committed,
16 an offence against this Act, may request from the person the
17 person's name, place of residence and date of birth.
18 (2) A person from whom information is requested under
19 subsection (1) must not refuse without lawful excuse to give the
20 information.
21 Penalty: a fine of $5 000.
22 51. Power to enter premises
23 (1) In the performance of a function under this Act, an authorised
24 person may enter any premises if entry is required for the
25 performance of the function --
26 (a) with the consent of the person who is, or appears to be,
27 the owner or occupier of the premises; or
28 (b) if a notice has been given in accordance with
29 subsection (2) and the period specified in the notice as
page 28
Cat Bill 2011
Administration and enforcement Part 4
Authorised persons Division 3
s. 51
1 the period within which objections may be made has
2 elapsed with no objection being made; or
3 (c) under a warrant issued under Subdivision 3.
4 (2) An authorised person wishing to enter any premises may give to
5 the owner or occupier of the premises notice in writing --
6 (a) stating that the authorised person wishes to enter the
7 premises; and
8 (b) specifying the purpose for which entry is required; and
9 (c) specifying that the owner or occupier may object to the
10 entry and the period (being not less than 24 hours)
11 within which the objection may be made; and
12 (d) specifying how the objection may be made.
13 (3) Where a notice has been given under subsection (2) and no
14 objection has been made to the authorised person within the
15 time specified in the notice --
16 (a) the notice continues to have effect until --
17 (i) the purpose for which entry was required has
18 been effected; or
19 (ii) 7 days after the end of the objection period
20 specified in the notice,
21 whichever occurs first; and
22 (b) successive entries for that purpose are to be regarded as
23 entries to which the notice relates.
24 (4) The powers of entry under this section are in addition to and not
25 in derogation of any power of entry conferred by any other law.
26 (5) Entry under this section may be made with such assistants and
27 equipment as are considered necessary for the purpose for
28 which entry is required.
page 29
Cat Bill 2011
Part 4 Administration and enforcement
Division 3 Authorised persons
s. 52
1 52. General powers of authorised person
2 In the performance of a function under this Act, an authorised
3 person may do any one or more of the following --
4 (a) set traps for cats in or on any public place or any
5 premises lawfully entered;
6 (b) examine, including by scanning, a cat to determine if the
7 cat is the subject of an offence against this Act;
8 (c) in any premises lawfully entered, as is reasonably
9 required in order to investigate or collect evidence that
10 an offence is being, or has been, committed against this
11 Act --
12 (i) examine, seize, copy or take extracts from any
13 documents relevant to the offence; or
14 (ii) take photographs, films and audio, video or other
15 recordings relevant to the offence; or
16 (iii) direct a person to answer questions; or
17 (iv) take any other action that the authorised person
18 believes, on reasonable grounds, is necessary.
19 53. Act does not derogate from powers of police officers
20 Nothing in this Act derogates from the powers of an authorised
21 person who is a police officer.
22 54. Obstruction
23 A person must not delay, threaten, obstruct or otherwise hinder
24 an authorised person in the performance of a function by that
25 person under this Act.
26 Penalty: a fine of $5 000.
page 30
Cat Bill 2011
Administration and enforcement Part 4
Authorised persons Division 3
s. 55
1 Subdivision 3 -- Warrants
2 55. Grounds for a search warrant
3 A justice may issue a warrant authorising an authorised person
4 to enter premises if satisfied, by an application supported by
5 evidence on oath, that --
6 (a) there are reasonable grounds for suspecting that there is
7 at the premises anything that may afford evidence of the
8 commission of an offence against this Act; or
9 (b) entry onto the premises is reasonably required to
10 investigate a suspected offence against this Act.
11 56. Grounds for a warrant to seize cat
12 A justice may issue a warrant authorising an authorised person
13 to seize a cat, or cats, if satisfied, by an application supported by
14 evidence on oath, that there are reasonable grounds for
15 suspecting that the cat is, or cats are, the subject of an offence,
16 or offences, against this Act.
17 57. Application for warrant
18 (1) An authorised person may apply for a warrant even if, under
19 this Act, the authorised person may enter the premises, or seize
20 the cat, or cats, without a warrant.
21 (2) The Criminal Investigation Act 2006 section 13 applies to and
22 in respect of an application for a warrant under this Act.
23 58. Form of warrant
24 A warrant is to be in the prescribed form.
25 59. Effect of warrant
26 (1) A warrant has effect according to its content and this
27 Subdivision.
28 (2) A warrant comes into force when it is issued by a justice.
page 31
Cat Bill 2011
Part 4 Administration and enforcement
Division 4 Infringement notices
s. 60
1 60. Execution of warrant
2 (1) A warrant may be executed by --
3 (a) the authorised person to whom it is issued; or
4 (b) a person specified on the warrant; or
5 (c) any other authorised person.
6 (2) A person executing a warrant must, at the reasonable request of
7 a person who is, or appears to be, the owner or occupier of the
8 premises, produce the warrant.
9 Division 4 -- Infringement notices
10 61. Terms used
11 In this Division --
12 local government means the local government that could, or an
13 employee of which could, prosecute for the offence concerned;
14 prescribed means prescribed by a local law or, if the alleged
15 offence is against a regulation or this Act, prescribed by
16 regulations or by a local law.
17 62. Giving an infringement notice
18 (1) An authorised person who has reason to believe that a person
19 has committed a prescribed offence against this Act or a
20 regulation or local law made under this Act may, within 28 days
21 after the alleged offence is believed to have been committed,
22 give an infringement notice to the alleged offender.
23 (2) A local government can only prescribe an offence for the
24 purposes of subsection (1) if a prosecution for the offence could
25 be commenced by the local government or any of its employees
26 and the local government is satisfied that --
27 (a) commission of the offence would be a relatively minor
28 matter; and
29 (b) only straightforward issues of law and fact would be
30 involved in determining whether the offence was
page 32
Cat Bill 2011
Administration and enforcement Part 4
Infringement notices Division 4
s. 63
1 committed, and the facts in issue would be readily
2 ascertainable.
3 63. Content of infringement notice
4 (1) An infringement notice is to be in the prescribed form and is
5 to --
6 (a) contain a description of the alleged offence; and
7 (b) advise that if the alleged offender does not wish to be
8 prosecuted for the alleged offence in a court, the amount
9 of money specified in the notice as being the modified
10 penalty for the offence may be paid to the CEO of the
11 local government within a period of 28 days after the
12 giving of the notice; and
13 (c) inform the alleged offender how and where the money
14 may be paid.
15 (2) In an infringement notice the amount specified as being the
16 modified penalty for the offence referred to in the notice is to be
17 the amount that was the prescribed modified penalty at the time
18 the alleged offence is believed to have been committed.
19 (3) A modified penalty for an offence must not exceed 10% of the
20 maximum penalty for that offence.
21 64. Extension of time
22 The CEO of a local government may, in a particular case,
23 extend the period of 28 days within which the modified penalty
24 may be paid and the extension may be allowed whether or not
25 the period of 28 days has elapsed.
26 65. Withdrawal of notice
27 (1) Within one year after the notice was given the CEO of the local
28 government may, whether or not the modified penalty has been
29 paid, withdraw an infringement notice by sending to the alleged
30 offender a notice in the prescribed form stating that the
31 infringement notice has been withdrawn.
page 33
Cat Bill 2011
Part 4 Administration and enforcement
Division 5 Objections and review
s. 66
1 (2) Where an infringement notice is withdrawn after the modified
2 penalty has been paid, the amount is to be refunded.
3 66. Benefit of paying modified penalty
4 (1) Subsection (2) applies if the modified penalty specified in an
5 infringement notice has been paid within 28 days or such further
6 time as is allowed and the notice has not been withdrawn.
7 (2) If this subsection applies it prevents the bringing of proceedings
8 and the imposition of penalties to the same extent that they
9 would be prevented if the alleged offender had been convicted
10 by a court of, and punished for, the alleged offence.
11 (3) Payment of a modified penalty is not to be regarded as an
12 admission for the purposes of any proceedings, whether civil or
13 criminal.
14 67. Application of penalties collected
15 An amount paid as a modified penalty is, subject to
16 section 65(2), to be dealt with as if it were a fine imposed by a
17 court as a penalty for an offence.
18 Division 5 -- Objections and review
19 68. When this Division applies
20 This Division applies when a local government makes a
21 decision to --
22 (a) refuse to grant or renew the registration of a cat under
23 section 9; or
24 (b) cancel the registration of a cat under section 10; or
25 (c) refuse to approve or renew the approval of a person to
26 breed cats under section 37; or
27 (d) cancel the approval of a person to breed cats under
28 section 38.
page 34
Cat Bill 2011
Administration and enforcement Part 4
Objections and review Division 5
s. 69
1 69. Objection may be lodged
2 (1) A person who has been given notice under section 13 or 40 of a
3 decision may object to the decision if the person has not applied
4 for a review of the decision under this Division.
5 (2) The objection is made by preparing it in the prescribed form and
6 lodging it with the local government in the prescribed manner
7 within 28 days after the right of objection arose, or within such
8 further time as the local government may allow.
9 70. Dealing with objection
10 (1) The objection is to be dealt with by the council of the local
11 government or by a committee authorised by the council to deal
12 with it.
13 (2) A committee cannot deal with an objection against a decision
14 that it made or a decision that the council made.
15 (3) The person who made the objection is to be given a reasonable
16 opportunity to make submissions on how to dispose of the
17 objection.
18 (4) The objection may be disposed of by --
19 (a) dismissing the objection; or
20 (b) varying the decision objected to; or
21 (c) revoking the decision objected to, with or without --
22 (i) substituting for it another decision; or
23 (ii) referring the matter, with or without directions,
24 for another decision by a committee or person
25 whose function it is to make such a decision.
26 (5) The local government is to ensure that the person who made the
27 objection is given notice in writing of how it has been decided
28 to dispose of the objection and the reasons for disposing of it in
29 that way.
page 35
Cat Bill 2011
Part 4 Administration and enforcement
Division 5 Objections and review
s. 71
1 71. Review of decisions
2 (1) A person who has been given notice under section 13 or 40 of a
3 decision may apply to the State Administrative Tribunal for a
4 review of the decision if the person --
5 (a) has not lodged an objection to the decision; or
6 (b) has lodged an objection but, at the expiration of 35 days
7 after it was lodged, has not been given notice in writing
8 of how it has been decided to dispose of the objection.
9 (2) If the person lodged an objection and has been given notice in
10 writing of how it has been decided to dispose of the objection,
11 the person may apply to the State Administrative Tribunal for a
12 review of the decision on the objection.
13 (3) The application is to be made within 42 days after the right to
14 make it arose.
15 Examples for section 71(3):
16 within 42 days after the original decision, for an application under
17 subsection (1)(a); or
18 more than 35 days, but within 77 days, after the objection was lodged,
19 for an application under subsection (1)(b); or
20 * within 42 days after the objection was decided, for an application under
21 subsection (2).
22 72. Suspension of effect of some decisions
23 If an objection has been lodged, or an application for review
24 made under this Division against a decision to --
25 (a) refuse to renew the registration of a cat under section 9;
26 or
27 (b) cancel the registration of a cat under section 10; or
28 (c) refuse to renew the approval for a person to breed cats
29 under section 37; or
30 (d) cancel the approval for a person to breed cats under
31 section 38,
page 36
Cat Bill 2011
Administration and enforcement Part 4
Legal proceedings Division 6
s. 73
1 the effect of the decision is suspended, and the registration or
2 approval, as is relevant, is to be taken to continue to have effect
3 pending the determination of the application unless the State
4 Administrative Tribunal orders that the effect of the decision
5 should not be suspended.
6 Division 6 -- Legal proceedings
7 73. Prosecutions
8 (1) The following persons are authorised to commence a
9 prosecution for an offence against this Act --
10 (a) a person who is acting in the course of his or her duties
11 as an employee of a local government;
12 (b) a person who is authorised to do so by a local
13 government.
14 (2) The following persons are authorised to commence a
15 prosecution for an offence against a local law --
16 (a) a person who is acting in the course of his or her duties
17 as an employee of the local government that made the
18 local law;
19 (b) a person who is authorised to do so by the local
20 government that made the local law.
21 (3) In proceedings for an offence against this Act, unless evidence
22 is given to the contrary, proof is not required --
23 (a) that the prosecutor is authorised to commence the
24 prosecution; or
25 (b) that a signature on the prosecution notice alleging the
26 offence is the signature of a person authorised to
27 commence the prosecution.
page 37
Cat Bill 2011
Part 4 Administration and enforcement
Division 6 Legal proceedings
s. 74
1 74. Additional court orders
2 (1) If --
3 (a) a court convicts a person of an offence against this Act;
4 and
5 (b) the person has previously been convicted of 2 or more
6 offences against this Act,
7 the court may, in addition to imposing any other penalty
8 imposed under this Act, order --
9 (c) that the person is banned from owning or keeping a cat
10 permanently or for the period specified in the order; or
11 (d) that, despite any other provision of this Act, the person
12 is to take immediate action to ensure that any, or all, cats
13 owned by the person, as is specified in the order, are --
14 (i) microchipped; or
15 (ii) sterilised,
16 or both.
17 (2) A court that makes an order under this section is to ensure that a
18 copy of the order is provided to the local government for the
19 district in which the person subject to the order lives.
20 (3) An order under this section may be enforced as if it were a
21 judgment of the court.
22 75. Evidentiary matters
23 (1) In proceedings for an offence against this Act an allegation in
24 the prosecution notice that, at a specified time, any of the
25 following matters existed is taken to be proved in the absence of
26 evidence to the contrary --
27 (a) that a specified cat was not registered;
28 (b) that a specified person was the registered owner of a
29 specified cat;
30 (c) that a specified person's name was recorded as the
31 owner of a specified cat in a microchip database;
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Cat Bill 2011
Administration and enforcement Part 4
Legal proceedings Division 6
s. 75
1 (d) that a specified person ordinarily kept and cared for a
2 specified cat;
3 (e) that a specified cat was ordinarily kept in the district of a
4 specified local government;
5 (f) that a specified person was the owner of a specified cat;
6 (g) that a specified database was a microchip database;
7 (h) that a specified person or body was a microchip
8 database company;
9 (i) that a specified cat was not sterilised;
10 (j) that a specified cat was not microchipped;
11 (k) that a specified cat had reached 6 months of age.
12 (2) In subsection (1) --
13 specified means specified in the prosecution notice.
14 (3) This section is in addition to and does not affect the operation of
15 the Evidence Act 1906.
page 39
Cat Bill 2011
Part 5 Subsidiary legislation
Division 1 Regulations
s. 76
1 Part 5 -- Subsidiary legislation
2 Division 1 -- Regulations
3 76. General regulations
4 (1) The Governor may make regulations prescribing all matters that
5 are required or permitted by this Act to be prescribed, or that are
6 necessary or convenient to be prescribed for giving effect to the
7 purposes of this Act.
8 (2) Without limiting subsection (1), regulations may be made as to
9 one or more of the following --
10 (a) registration tags;
11 (b) fees and charges payable in respect of any matter under
12 this Act.
13 77. Regulations that operate as local laws
14 (1) The Governor may make regulations that are to operate as if
15 they were local laws for each district to which they apply.
16 (2) Regulations made under this section may deal with any matter
17 in respect of which local laws may be made under Division 2.
18 (3) Regulations under this section, other than those that only repeal
19 or amend other regulations, are to contain a statement to the
20 effect that they apply as if they were local laws.
21 (4) A local government is to administer any regulation made under
22 this section to the extent that it relates to any place where the
23 local government may perform functions, as if the regulation
24 were a local law.
25 (5) Unless a contrary intention appears, a reference to an offence
26 against a local law includes a reference to an offence against a
27 regulation made under this section.
page 40
Cat Bill 2011
Subsidiary legislation Part 5
Local laws Division 2
s. 78
1 (6) If there is any inconsistency between a regulation made under
2 this section and a local law made under this Act, the regulation
3 prevails to the extent of the inconsistency.
4 78. Provisions about regulations
5 Regulations, whether under section 76 or 77, may --
6 (a) adopt any text that could be adopted by a local law;
7 (b) provide that contravention of a provision of regulations
8 is an offence, and provide for the offence to be
9 punishable on conviction by the imposition of a fine not
10 exceeding $5 000;
11 (c) make a person who commits an offence of a continuing
12 nature liable to a further fine not exceeding $500 in
13 respect of each day or part of a day during which the
14 offence has continued;
15 (d) provide for the imposition of a minimum fine for the
16 offence;
17 (e) relate the level of the fine to --
18 (i) the circumstances or extent of the offence;
19 (ii) whether the offender has committed previous
20 offences and, if so, the number of previous
21 offences that the offender has committed;
22 (f) prescribe the method and the means by which any fines
23 imposed are to be paid and collected, or recovered.
24 Division 2 -- Local laws
25 79. Local laws
26 (1) A local government may make local laws prescribing all matters
27 that are required or permitted to be prescribed by a local law, or
28 are necessary or convenient to be so prescribed, for it to perform
29 any of its functions under this Act.
page 41
Cat Bill 2011
Part 5 Subsidiary legislation
Division 2 Local laws
s. 80
1 (2) A local law made under this Act does not apply outside the local
2 government's district unless it is made to apply outside the
3 district under section 80.
4 (3) Without limiting subsection (1), a local law may be made as to
5 one or more of the following --
6 (a) the registration of cats;
7 (b) removing and impounding cats;
8 (c) keeping, transferring and disposing of cats kept at cat
9 management facilities;
10 (d) the humane destruction of cats;
11 (e) cats creating a nuisance;
12 (f) specifying places where cats are prohibited absolutely;
13 (g) requiring that in specified areas a portion of the
14 premises on which a cat is kept must be enclosed in a
15 manner capable of confining cats;
16 (h) limiting the number of cats that may be kept at premises,
17 or premises of a particular type;
18 (i) the establishment, maintenance, licensing, regulation,
19 construction, use, record keeping and inspection of cat
20 management facilities;
21 (j) the regulation of approved cat breeders, including record
22 keeping and inspection;
23 (k) fees and charges payable in respect of any matter under
24 this Act.
25 80. Places outside district
26 (1) If the Governor's approval has been first obtained, a local
27 government may make a local law under this Act that applies
28 outside its district.
29 (2) A local government cannot, under subsection (1), make a local
30 law that applies to --
31 (a) a part of the State that is in the district of another local
32 government; or
page 42
Cat Bill 2011
Subsidiary legislation Part 5
Local laws Division 2
s. 81
1 (b) a part of the State to which a local law made by another
2 local government concerning the same subject matter
3 applies under this section.
4 (3) The Governor may revoke any approval given under
5 subsection (1), and, after that revocation, a local law made
6 under the approval ceases to apply to the part of the State for
7 which the approval was given.
8 (4) The Minister is to cause notice of any revocation under
9 subsection (3) to be published in the Gazette.
10 81. Inconsistency with written laws
11 A local law made under this Act is inoperative to the extent that
12 it is inconsistent with this Act or any other written law.
13 82. Local laws may adopt codes etc.
14 (1) A local law made under this Act may adopt the text of --
15 (a) any model local law, or amendment to it, published
16 under section 83; or
17 (b) a local law of any other local government; or
18 (c) any code, rules, specifications, or standard issued by
19 Standards Australia or by such other body as is specified
20 in the local law.
21 (2) The text may be adopted --
22 (a) wholly or in part; or
23 (b) as modified by the local law; or
24 (c) as it exists at a particular date or, except if the text of a
25 model local law is being adopted, as amended from time
26 to time.
27 (3) The adoption may be direct, by reference made in the local law,
28 or indirect, by reference made in any text that is itself directly or
29 indirectly adopted.
page 43
Cat Bill 2011
Part 5 Subsidiary legislation
Division 2 Local laws
s. 83
1 83. Model local laws
2 (1) The Governor may cause to be prepared and published in the
3 Gazette model local laws the provisions of which a local law
4 made under this Act may adopt by reference, with or without
5 modification.
6 (2) Model local laws have no effect except to the extent that they
7 are adopted.
8 (3) The Governor may, by notice published in the Gazette, amend a
9 model local law published under this section.
10 (4) An amendment to a model local law does not affect any local
11 law that adopted the model local law before the amendment but
12 the amendment may be adopted by a further local law.
13 84. Creating offences and prescribing penalties
14 (1) A local law may provide that contravention of a provision of the
15 local law is an offence, and may provide for the offence to be
16 punishable on conviction by a penalty not exceeding a fine of
17 $5 000.
18 (2) If the offence is of a continuing nature, the local law may make
19 the person liable to a further penalty not exceeding a fine of
20 $500 in respect of each day or part of a day during which the
21 offence has continued.
22 (3) The local law may provide for the imposition of a minimum
23 penalty for the offence.
24 (4) The level of the penalty may be related to either or both of the
25 following --
26 (a) the circumstances or extent of the offence;
27 (b) whether the offender has committed previous offences
28 and, if so, the number of previous offences that the
29 offender has committed.
30 (5) A local law may specify the method and the means by which
31 any fines imposed are to be paid and collected, or recovered.
page 44
Cat Bill 2011
Miscellaneous Part 6
s. 85
1 Part 6 -- Miscellaneous
2 85. False or misleading information
3 A person must not give any information that the person knows
4 to be false or misleading in a material particular --
5 (a) to an authorised person exercising a power under this
6 Act, or a person assisting an authorised person to
7 exercise a power under this Act; or
8 (b) in relation to an application under this Act.
9 Penalty: a fine of $5 000.
10 86. Review of Act
11 (1) The Minister must carry out a review of the operation and
12 effectiveness of this Act as soon as practicable after --
13 (a) the fifth anniversary of the commencement of this
14 section; and
15 (b) the expiry of each 5 yearly interval after that
16 anniversary.
17 (2) In the course of the review the Minister must consider and have
18 regard to --
19 (a) the need for the continuation of this Act; and
20 (b) any other matters that appear to the Minister to be
21 relevant to the operation and effectiveness of this Act.
22 (3) The Minister must prepare a report based on the outcome of the
23 review and cause it to be laid before each House of Parliament,
24 as soon as is practicable after the report is prepared but not later
25 than 12 months after the end of the period of 5 years.
page 45
Cat Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
approved cat breeder........................................................................................ 3(1)
authorised person ............................................................................................. 3(1)
cat .................................................................................................................... 3(1)
cat management facility................................................................................... 3(1)
conditions ...................................................................................................... 45(5)
local government ................................................................................................61
microchip ......................................................................................................... 3(1)
microchip database .......................................................................................... 3(1)
microchip database company........................................................................... 3(1)
microchip implanter......................................................................................... 3(1)
microchipped ................................................................................................... 3(1)
owner .......................................................................................................3(1), 4(1)
premises ........................................................................................................... 3(1)
prescribed .................................................................................................. 3(1), 61
public place...................................................................................................... 3(1)
purchaser.............................................................................................................22
register ............................................................................................................. 3(1)
registered ......................................................................................................... 3(1)
registered owner .............................................................................................. 3(1)
registration tag ................................................................................................. 3(1)
scan .................................................................................................................. 3(1)
seller ...................................................................................................................22
specified......................................................................................................... 75(2)
sterilised........................................................................................................... 3(1)
transfer ............................................................................................................. 3(1)
veterinarian ...................................................................................................... 3(1)
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