COMPANION ANIMALS ACT 1998 - As at 15 May 2024 - Act 87 of 1998

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
3. (Repealed)
• 3A Principal object of Act
• 4 Policy regarding animal welfare
• 5 Definitions
• 6 Meaning of "local authority"
• 6A General duties of councils
• 6B Duty to provide certain information to councils
• 7 Meaning of "owner"

PART 2 - COMPULSORY IDENTIFICATION AND REGISTRATION OF COMPANION ANIMALS

• 8 Identification required from 12 weeks of age and before sale
• 9 Registration required from age 6 months
• 10 Regulations may require registration
10A. (Repealed)
• 10B Notice requiring companion animal to be registered
• 11 Owner required to notify certain changes and events
• 11A Duties of councils in relation to companion animals killed by traffic

PART 2A - ANNUAL PERMITS FOR CERTAIN COMPANION ANIMALS

Division 1 - Requirement for permit

• 11B Annual permit required for cats that are not desexed
• 11C Annual permit required for dangerous dogs
• 11D Annual permit required for restricted dogs
• 11E Notice requiring permit for companion animal
• 11F Exemptions for animals in custody of rehoming organisations
• 11G Further exemptions
• 11H Continuing offences

Division 2 - Permit scheme

• 11I Application for permit
• 11J Issuing of permit
• 11K Conditions of permit
• 11L Term of permit
• 11M Sale of animal subject to permit

Division 3 - General

• 11N Regulations--permits

PART 3 - RESPONSIBILITIES FOR CONTROL OF DOGS

Division 1 - General responsibilities

• 12 Dog to wear collar and tag
• 12A Preventing dog from escaping
• 13 Responsibilities while dog in public place
• 14 Dogs prohibited in some public places
• 14A Dogs not prohibited in outdoor dining areas in certain circumstances
• 15 Certain breeds of dogs to be muzzled
• 16 Offences where dog attacks person or animal
• 17 Dog must not be encouraged to attack
• 18 Dog that has attacked or bitten may be secured or seized
19. (Repealed)
• 20 Dogs defecating in public place
21, 21A.
• 22 Action to protect persons and property against dogs
• 23 Disqualification from owning or being in charge of dog
• 24 Appeal against disqualification from owning or being in charge of dog

Division 2 - Liability for injury or death caused by dog

• 25 Liability for injury to person or damage to personal property
• 26 Continuation of liability when person dies from dog attack
• 27 Liability for injury to animal
• 28 Contributory negligence

PART 4 - RESPONSIBILITIES FOR CONTROL OF CATS

• 29 Cats must have form of identification
• 30 Cats prohibited in some public places
• 31 Nuisance cats
• 31A Procedure for issuing nuisance cat order
• 32 Action to protect persons and animals against cats

PART 5 - SPECIAL PROVISIONS RELATING TO CONTROL OF DOGS

Division 1A - Nuisance dogs

• 32A Nuisance dogs
• 32B Procedure for issuing nuisance dog order

Division 1 - Declarations relating to dangerous and menacing dogs

• 33 Meaning of "dangerous"
• 33A Meaning of "menacing" and "menacing breed or kind of dog"
• 34 Authorised officer may declare dog to be dangerous dog or menacing dog
• 35 Owner to be notified of proposed declaration
• 36 Obligations of owner when notified of proposed declaration
• 37 Authorised officer must consider dog owner's objections
• 38 Authorised officer to notify dog owner of decision and consequences
• 39 Council can revoke declaration
• 40 Departmental Chief Executive to be notified of making or revocation of declaration
• 41 Appeal to Local Court regarding dangerous dog declarations
• 42 Determination of appeals by Local Court
43. (Repealed)

Division 2 - Power of Local Court to declare dogs dangerous or menacing

• 44 Local Court has power to declare dog to be dangerous or menacing dog
• 45 When Local Court can declare dog to be dangerous or menacing dog
• 46 Revocation of Local Court declaration

Division 3 - Powers of Courts to make destruction and control orders

• 47 Control orders
• 48 Destruction orders
• 49 Failure to comply with destruction or control order
• 50 Ancillary orders to enable destruction order to be carried out

Division 4 - Responsibilities of owners of dangerous or menacing dogs

• 51 Owner of dangerous or menacing dog must comply with control requirements
• 52 Dangerous or menacing dog may be seized if control requirements not complied with
• 52A Prohibition on selling dangerous or menacing dog or proposed dangerous or menacing dog
• 52B Prohibition on accepting ownership of dangerous or menacing dog or proposed dangerous or menacing dog
• 53 Inconsistency with agreements
• 54 Civil liability of owner of dangerous or menacing dog

Division 5 - Special restrictions for other dogs

• 55 Interpretation
• 56 Owner of restricted dog must comply with control requirements
• 57 Restricted dog may be seized if control requirements not complied with
• 57A Prohibition on selling restricted dog or proposed restricted dog
• 57B Prohibition on accepting ownership of restricted dog or proposed restricted dog
• 57C Prohibition on breeding restricted dog or proposed restricted dog
• 57D Declared restricted dogs may be seized and destroyed after transition period
• 58 Civil liability of owner of restricted dog

Division 6 - Declaration of dogs as restricted dogs

• 58A Notice of intention to declare dog to be restricted dog
• 58B Obligations of owner when notified of proposed restricted dog declaration
• 58C Authorised officer may declare dog to be restricted dog
• 58D Authorised officer to notify dog owner of decision and consequences
• 58DA Departmental Chief Executive to be notified of making or revocation of declaration
• 58E Protection from liability of assessors
• 58F Persons authorised to provide certain information to councils

Division 7 - Other provisions relating to dangerous, menacing and restricted dogs

• 58G Power to seize and destroy dangerous, menacing or restricted dog in certain circumstances
• 58H Certificate of compliance required for dangerous and restricted dog enclosures
• 58I Miscellaneous provisions relating to declarations

PART 6 - ASSISTANCE ANIMALS

• 59 Person with a disability entitled to be accompanied by assistance animal
• 60 Assistance animal not to be denied entry
• 61 Unlawful to impose charge for entry of assistance animal

PART 7 - PROCEDURES FOR DEALING WITH SEIZED OR SURRENDERED ANIMALS

• 62A Interpretation
• 62 Seized animals must be delivered to owner, council pound or approved premises
• 63 Owner of seized or surrendered animal to be notified
• 63A Seized animals detained at approved premises
• 64 Unclaimed seized or surrendered animal may be sold or destroyed
• 64A Animals surrendered by owners may be sold or destroyed
• 64B Rehoming seized or surrendered animals
• 65 Fees and charges payable when animal detained or held
• 66 Owner not entitled to compensation for sale of animal
• 67 Recovery of fees and charges when animal destroyed
• 67A Reporting on pound activities
• 68 Offence of rescuing seized animal
• 69 Protection of council and council officers

PART 7A - ENFORCEMENT POWERS

Division 1 - Powers of entry

• 69A Powers of authorised officers to enter property
• 69B Powers of authorised officers to do things on entered property
• 69C Use of assistants and reasonable force
• 69D Search warrants

Division 2 - General

• 69E Power to ascertain identification information of companion animals
• 69F Identification of authorised officers of councils
• 69G Requirement to state name and address
• 69H Obstructing authorised officer

PART 8 - IDENTIFICATION AND REGISTRATION PROCEDURES

• 70 Identification
• 71 Registration
• 72 Certificate of registration
73-75. (Repealed)
• 76 Interfering with identification of animal
77. (Repealed)

PART 9 - THE REGISTER OF COMPANION ANIMALS

Division 1 - Preliminary

• 78 Definitions

Division 2 - Keeping of Register

• 79 The Register
• 80 Information on the Register

Division 3 - Access to Register

• 81 Access to Register to be provided free of charge
• 82 Limited access by owners of companion animals
• 83 Limited access by members of public
• 83A Unrestricted access by Minister
• 83B General access by Secretary of Department of Industry and persons authorised by that Secretary
• 83C General access by certain employees of local authorities
• 83D Limited access by contractors approved by local councils
• 83E Limited access by veterinary practitioners or their employees
• 83F Departmental Chief Executive may approve other persons to access the Register
• 83G Regulations can authorise general or limited access by other specified officers and persons
• 83H Regulations--access to Register
• 83I Departmental Chief Executive may issue guidelines about access to Register

Division 4 - Arrangements about Register

• 83J Agreements about Register
• 83K Exchange of information with other Australian jurisdictions

Division 5 - Miscellaneous

• 83L Certificates relating to Register
• 83M Allocation of breeder identification numbers
• 83N Allocation of rehoming organisation numbers

PART 10 - COMPANION ANIMALS FUND

• 84 Establishment of Fund
• 85 Payments from the Fund
• 86 Investment of money in Fund

PART 11 - GENERAL

• 86A Ear-marking or tattooing of animals
• 87 Act binds Crown
• 88 Delegation by Departmental Chief Executive
• 88A Advisory committees
• 88B Designation of organisations as rehoming organisations
• 89 Confidentiality of certain information
90, 91. (Repealed)
• 92 Penalty notices
• 93 Proceedings for offences
• 94 Double jeopardy
• 95 Fees and charges
• 95A How notice is to be given to owners
• 96 Regulations
• 97 Review of Act
• 98 Savings and transitional provisions
99. (Repealed) Schedule 2 (Repealed)
• SCHEDULE 3
Schedule 4 (Repealed)