Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

S.R. No. 100/2009

table of provisions

RegulationPage

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Title of the Principal Regulations substituted

6Objectives of the Principal Regulations

7Definitions

8Heading to Part 3 substituted

9Definition of licence holder

10Prescribed identifying information

11Prescribed permanent identification device

12Prescribed information to be provided to licence holders

13Heading to Division 3 of Part 3 substituted

14Obligation to obtain information before implanting device

15Implanter must advise owner of chargeable services before implantation

16Scanning for permanent identification devices

17Offences regarding animals previously implanted

18Offence to remove permanent identification devices

19Implantation of a permanent identification device

20Provision of information to the licence holder by person who implanted device

21New regulation 23A inserted

23AProvision of information to licence holder if presenter
of animal suspected not to be owner

22Heading to Division 4 of Part 3 substituted

23Application for the grant or renewal of a domestic animals registry licence

24Heading to Division 5 of Part 3 substituted

25Regulation 26 substituted

26Licences subject to conditions in this Division

26Licence holders' obligations regarding information received

27Holding of information separately until certain matters
confirmed

28Prohibition against establishing new records for dogs or cats

29New regulation 30A inserted

30AProhibition against establishing new records for horses

30Licence holder must provide domestic animals registry
service for a dog or cat

31New records to be established within 4 days

32Licence holder to provide certificate of identification

33Records of dogs and cats must be maintained for life

34Licence holder to notify owner of certain matters

35Licence holder to facilitate reunion of lost animals and owners

36Licence holder must establish complaints system

37Access to and provision of information

38Copies of records provided monthly

39Amending information in records

40Reporting of complaints to Secretary

41Licence holder must not charge access fees to certain people

42Information provided to licence holder must be retained in electronic or in original form

43Prescribed manner for keeping information in records and
copies of records

44Maintenance of records if licence holder ceases to provide domestic animals registry service

45Infringement penalties

46New regulation 47A inserted

47AInfringement penalties and offences for offences
against these Regulations

47Schedule 4—Receipt for document seized under
section 74(2)(e) of the Act

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ENDNOTES

S.R. No. 100/2009

Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

statutory rules 2009

S.R. No. 100/2009

Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

Domestic (Feral and Nuisance) Animals Act 1994

S.R. No. 100/2009

Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

S.R. No. 100/2009

Domestic (Feral and Nuisance) Animals Amendment Regulations 2009

The Governor in Council makes the following Regulations:

Dated: 1 September 2009

Responsible Minister:

JOE HELPER

Minister for Agriculture

toby halligan

Clerk of the Executive Council

1Objectives

The main objectives of these Regulations are to amend the Domestic (Feral and Nuisance) Animals Regulations 2005—

(a)to change the title of those Regulations; and

(b)to prescribe matters relating to the permanent identification of horses; and

(c)to prescribe matters relating to animal registry services; and

(d)to prescribe further infringement offences and penalties; and

(e)to update references; and

(f)to make minor amendments.

2Authorising provision

r. 2

These Regulations are made under section 100 of the Domestic (Feral and Nuisance) Animals Act 1994.

3Commencement

These Regulations come into operation on 1September 2009.

4Principal Regulations

In these Regulations, the Domestic (Feral and Nuisance) Animals Regulations 2005[1]are called the Principal Regulations.

5Title of the Principal Regulations substituted

For the title to the Principal Regulations substitute—

"Domestic Animals Regulations 2005".

6Objectives of the Principal Regulations

In regulation 1 of the Principal Regulations—

(a)in paragraph (b), for "dogs and cats" substitute "animals of prescribed classes of animal";

(b)in paragraph (c), for "a domestic animals registry licence" substitute "an animal registry licence";

(c)in paragraph (d), for "a domestic animals registry service" substitute "an animal registry service";

(d)in paragraph (f), after "penalties" insert "andoffences";

(e)in paragraph (g), omit "(Feral and Nuisance)".

7Definitions

r. 7

In regulation 5 of the Principal Regulations, in the definition of reader and scan, for "a dog or cat" (wherever occurring) substitute"an animal of a prescribed class of animal".

8Heading to Part 3 substituted

For the heading to Part 3 of the Principal Regulations substitute—

"Part 3—PERMANENT IDENTIFICATION OF ANIMALS OF PRESCRIBED CLASSES OF ANIMAL".

9Definition of licence holder

In regulation 11 of the Principal Regulations,for "a domestic animals registry licence" substitute "an animal registry licence".

10Prescribed identifying information

(1)In regulation 12(a) of the Principal Regulations—

(a)for "a dog or cat"substitute"an animal of a prescribed class of animal";

(b)in subparagraph (x), after "identification device" insert "previously".

(2)In regulation 12(b) of the Principal Regulations—

(a)for "a dog or cat" substitute"an animal";

(b)in subparagraph(iv), for "the dog or cat" substitute "the animal".

11Prescribed permanent identification device

In regulation 13 of the Principal Regulations—

(a)in paragraph (a)(iii)(B), for "the first 3digits" substitute "the first 6 digits";

(b)in paragraph (b), for "a dog or cat" substitute "an animal of a prescribed class of animal";

(c)in paragraph (b)(i), for "dogs or cats" substitute "that class of animal".

12Prescribed information to be provided to licence holders

r. 12

In regulation 14(2) of the Principal Regulations,for "the domestic animals registry service" substitute "the animal registry service".

13Heading to Division 3 of Part 3 substituted

For the heading to Division 3 of Part 3 of the Principal Regulations substitute—

"Division 3—Implantation and removal of permanent identification devices".

14Obligation to obtain information before implanting device

In regulation 17 of the Principal Regulations—

(a)for "a dog or cat" substitute "an animal of a prescribed class of animal";

(b)in paragraph (b), for "animal; and" substitute "animal.";

(c)paragraph (c) is revoked.

15Implanter must advise owner of chargeable services before implantation

In regulation 18 of the Principal Regulations—

(a)for "a dog or cat" substitute "an animal of a prescribed class of animal";

(b)for "a domestic animals registry service" substitute "an animal registry service".

16Scanning for permanent identification devices

r. 16

(1)In regulation 19(1) of the Principal Regulations, for "a dog or cat" substitute "an animal of a prescribed class of animal".

(2)For regulation 19(2) of the Principal Regulations substitute—

"(2)For the purposes of subregulation (1)—

(a)in the case of a dog or cat, a person must scan the dog or cat by including two sweeps between the head to the middle of the animal's back and two sweeps over the shoulders from elbow to elbow with a reader that the person has confirmed is functioning correctly;

(b)in the case of a horse, a person must scan the horse by including two sweeps close to the skin along each side of the full length of the neck, along the nuchal ligament, with a reader that the person has confirmed is functioning correctly.".

17Offences regarding animals previously implanted

In regulation 20 of the Principal Regulations—

(a)for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal";

(b)for "the dog or cat" (wherever occurring) substitute"the animal".

18Offence to remove permanent identification devices

(1)In regulations 21(1) and 21(2) of the Principal Regulations, for "a dog or cat" (wherever occurring) substitute"an animal of a prescribed class of animal".

(2)In regulation 21(3) of the Principal Regulations, after "permanent identification device" insert"from an animalof a prescribed class of animal".

19Implantation of a permanent identification device

r. 19

(1)In regulations 22(1) and 22(2) of the Principal Regulations, for "a dog or cat" (wherever occurring) substitute"an animal of a prescribed class of animal".

(2)In regulation 22(3) of the Principal Regulations—

(a)for "a dog or cat" substitute "an animal of a prescribed class of animal other than a horse";

(b)in paragraph (a), for "chip" substitute "device".

(3)After regulation 22(3) of the Principal Regulations insert—

"(4)A person who implants a permanent identification device into a horsemust—

(a)implant the device into the nuchal ligament on the left side of the neck, midway between the poll and the wither; and

(b)scan the horse immediately after implantation to confirm proper implantation and that the device is functioning correctly.

Penalty:5 penalty units.".

20Provision of information to the licence holder by person who implanted device

(1)In regulation 23(1) of the Principal Regulations, for "a dog or cat" substitute"an animal of a prescribed class of animal".

(2)In regulation 23(2) of the Principal Regulations—

(a)for "a dog or cat" (where first occurring) substitute"an animal of a prescribed class of animal";

(b)for "a dog or cat" (where secondly occurring) substitute "the animal";

(c)for "the domestic animals registry service" substitute"the animal registry service".

21New regulation 23A inserted

r. 21

After regulation 23 of the Principal Regulations insert—

"23A Provision of information to licence holder if presenter of animal suspected not to be owner

(1)If an authorised implanter reasonably suspects that a person who presents an animal of a prescribed class of animal to the implanter for a professional service is not the owner of the animal, the implanter must, if there is a permanent identification device implanted in the animal, provide the following details to the holder of an animal registry licence—

(a)the unique identification number of the device; and

(b)if available, the name, address and telephone number of the person presenting the animal.

(2)In this regulation, professional service includes grooming, vaccinating, the provision of medical care and checking permanent identification devices with respect to an animal but does not include implanting a permanent identification device.".

22Heading to Division 4 of Part 3 substituted

r. 22

For the heading to Division 4 of Part 3 of the Principal Regulations substitute—

"Division 4—Animal registry licences".

23Application for the grant or renewal of a domestic animals registry licence

(1)For the heading to regulation 24 of the Principal Regulations substitute—

"Application for the grant or renewal of an animal registry licence".

(2)In regulation 24(1) of the Principal Regulations—

(a)for "a domestic animals registry licence" substitute "an animal registry licence";

(b)in paragraph (a)(ii), for "the domestic animals registry service" substitute "the animal registry service";

(d)in paragraphs (d) and (f), for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service".

24Heading to Division 5 of Part 3 substituted

For the heading to Division 5 of Part 3 of the Principal Regulations substitute—

"Division 5—Conditions on animal registry licences".

25Regulation 26 substituted

r. 25

For regulation 26 of the Principal Regulations substitute—

"26 Licences subject to conditions in this Division

For the purposes of section 63N(1)(a) of the Act, this Division specifies prescribed conditions to which every animal registry licence is subject.".

26Licence holders' obligations regarding information received

In regulations 27(1) and 27(3) of the Principal Regulations, for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service".

27Holding of information separately until certain matters confirmed

In regulation 29(a) of the Principal Regulations—

(a)for "a dog or cat" substitute"an animal of a prescribed class of animal";

(b)for "the dog or cat" substitute "the animal";

(c)for "the domestic animals registry service" substitute "the animal registry service".

28Prohibition against establishing new records for dogs or cats

(1)In regulation 30 of the Principal Regulations, for "a domestic animals registry service" (wherever occurring) substitute"an animal registry service".

(2)In regulation 30(1)(a)(ii) of the Principal Regulations,omit "the licence holder".

(3) In regulation 30(2) of the Principal Regulations, omit "immediately".

29New regulation 30A inserted

r. 29

After regulation 30 of thePrincipal Regulations insert—

"30A Prohibition against establishing new

records for horses

(1)A licence holder must not establish a record relating to a horse implanted with a permanent identification device as part of providing an animal registry service in respect of that animal unless—

(a)the licence holder—

(i)is reasonably satisfied thatthe device is a prescribed permanent identification device that was implanted in the horse in Victoria by an authorised implanter in accordance with the Act and these Regulations; and

(ii)is provided with the prescribed identifying information relating to the horse and the horse's owner in accordance with section 63G of the Act; or

(b) the device was implanted prior to 1September 2009 and the licence holder is reasonably satisfied that the device is capable of uniquely identifying the horse; or

(c) the device has been implanted in the horse outside of Victoria and the licence holder is reasonably satisfied that the device is capable of uniquely identifying the horse; or

(d) the establishment of the record is approved by an authorised officer appointed under section 71 of the Act.

(2)Subregulation (1) does not apply if the licence holder was keeping and maintaining a record of identifying information in respect of the horse as part of a service in the nature of an animal registry service before 1September 2009.".

30Licence holder must provide domestic animals registry service for a dog or cat

r. 30

(1)For the heading to regulation 31 of the Principal Regulations substitute—

"Licence holder must provide animal registry service for an animal of a prescribed class of animal".

(2)In regulation 31 of the Principal Regulations—

(a)for "a domestic animals registry service" substitute"an animal registry service";

(b)for "a dog or cat" substitute"an animal of a prescribed class of animal".

(3)In regulation 31(b) of the Principal Regulations, for "30" substitute "30 or 30A".

31New records to be established within 4 days

In regulation 32 of the Principal Regulations—

(a)for "a dog or cat" substitute"an animal of a prescribed class of animal";

(b)for "the domestic animals registry service" substitute"the animal registry service".

32Licence holder to provide certificate of identification

r. 32

In regulation 33 of the Principal Regulations—

(a)in subregulation (1), for "a dog or cat" substitute"an animal of a prescribed class of animal";

(b) in subregulation (2), after "certificate of identification" insert "provided under subregulation (1)";

33Records of dogs and cats must be maintained for life

(1)For the heading to regulation 34 of the Principal Regulations substitute—

"Records of animals of prescribed classes of animal must be maintained for life".

(2)In regulation 34 of the Principal Regulations—

(a)for "a domestic animals registry service" substitute"an animal registry service";

(b)for "a dog or cat" substitute"an animal of a prescribed class of animal".

34Licence holder to notify owner of certain matters

(1)In regulation 35(1) of the Principal Regulations, for "a dog or cat" substitute"an animal of a prescribed class of animal".

(2)After regulation 35(2) of the Principal Regulations insert—

"(3)If a licence holder has been notified under regulation 23A of the fact that an animal of a prescribed class of animal in respect of which the licence holder holds a record has been presented for a professional service, the licence holder must—

(a)notify the owner of the animal of that fact; and

(b)if provided to the licence holder, provide an authorised officer appointed under section 71 of the Act with the name and telephone number of the person who so presented the animal.

(4)If a licence holder is unable to contact the owner under subregulation (3), the licence holder must enter the following details in the record held for the animal—

(a)that the animal has been presented for a professional service;

(b)if provided to the licence holder, the name, address and telephone number of the person who so presented the animal;

(c)the date on which the licence holder received the information referred to in paragraphs (a) and (b);

(d)the date that the licence holder attempted to notify the owner in accordance with subregulation (3).".

35Licence holder to facilitate reunion of lost animals and owners

r. 35

In regulation 36 of the Principal Regulations—

(a)for "a domestic animals registry service" substitute "an animal registry service";

(b)for "dog or cat" substitute"animal of a prescribed class of animal".

36Licence holder must establish complaints system

In regulations 37(1) and 37(2) of the Principal Regulations, for "a domestic animals registry service" (wherever occurring) substitute "an animal registry service".

37Access to and provision of information

r. 37

(1)In regulation 38(1) of the Principal Regulations—

(a)for "a domestic animals registry service"substitute "an animal registry service";

(b)for "dogs or cats" substitute "an animal of a prescribed class of animal";

(c)for "a dog or cat" substitute "such an animal".

(2)For regulations 38(2) and 38(3) of the Principal Regulations substitute—

"(2)If a licence holder receives a request from a person to provide prescribed identifying information for the purpose of reuniting an animal of a prescribed class of animal with its owner, relating to an animal of a prescribed class of animal, in respect of which the licence holder does not keep a record, the licence holder must—

(a)immediately contact other licence holders to determine whether a record relating to an animal of a prescribed class of animal is kept by another licence holder; and

(b)provide the information to the person who made the request, if the person is of a class of person referred to in section 63H(2) of the Act, unless the licence holder keeping the record agrees to provide the information directly to that person.

(3)If a licence holder receives a request to provide prescribed identifying information for the purpose of reuniting an animal of a prescribed class of animal with its owner and the licence holder keeps a record relating to that animal, the licence holder must—

(a)make reasonable efforts to contact the owner of the animal to inform the owner of the request for information, unless a Council or an animal shelter registered under Part 4 of the Act agrees to contact the owner and so inform the owner; and

(b)provide the information requested to the person who made the request, if the person is of a class of person referred to in section 63H(2) of the Act.".

(3) In regulation 38(5) of the Principal Regulations, for "dog or cat" substitute "animal".

38Copies of records provided monthly

r. 38

In regulation 39(1) of the Principal Regulations—

(a)for "dogs or cats" substitute "animals of prescribed classes of animal";

(b)for "domestic animals registry service" substitute "animal registry service".

39Amending information in records

In regulations 40(1), 40(3) and 40(4) of the Principal Regulations, for "a dog or cat" (wherever occurring) substitute "an animal of a prescribed class of animal".

40Reporting of complaints to Secretary

In regulation 41(a) of the Principal Regulations—

(a)for "the domestic animals registry service" substitute "the animal registry service";

(b)in subparagraph (i), for "dogs or cats" substitute "animals of prescribed classes of animal";

(c)in subparagraph (iii), for "a dog or cat" substitute"an animal of a prescribed class of animal".

41Licence holder must not charge access fees to certain people

r. 41

(1)In regulation 42 of the Principal Regulations—

(a)for "a dog or cat" substitute "an animal of a prescribed class of animal";

(b)in paragraph (d), for "its owner." substitute "its owner;".

(2)Afterregulation 42(d) of the Principal Regulations insert—

"(e)any other person approved by the Secretary.".

42Information provided to licence holder must be retained in electronic or in original form

In regulation 43 of the Principal Regulations, for "a dog or cat" substitute "an animal of a prescribed class of animal".

43Prescribed manner for keeping information in records and copies of records