Companion Animals Act 1998 (NSW)

Companion Animals Act 1998 No 87 An Act to provide for the identification and registration of companion animals and for the duties and responsibilities of their owners; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Companion Animals Act 1998. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 (Repealed) 3A Principal object of Act The principal object of this Act is to provide for the effective and responsible care and management of companion animals. 4 Policy regarding animal welfare It is declared that the protection of native birds and animals is an objective of animal welfare policy in the State. 5 Definitions (1) In this Act— approved animal welfare organisation means any of the following— (a) the Royal Society for the Prevention of Cruelty to Animals, New South Wales, (b) the Animal Welfare League NSW, (c) the Cat Protection Society of NSW Limited, (d) any other organisation approved by the Departmental Chief Executive by order published in the Gazette. approved breed assessor means a person or body approved for the time being by the Departmental Chief Executive to carry out breed identification assessments in relation to dogs for the purposes of Division 6 of Part 5. approved form means— (a) the form (if any) approved by the Departmental Chief Executive for the purposes of the provision in relation to which the expression is used, or (b) if no such form is approved by the Departmental Chief Executive, the form approved by the local authority for the purposes of the provision in relation to which the expression is used. approved temperament assessor means a person or body approved for the time being by the Departmental Chief Executive to carry out temperament assessments in relation to dogs for the purposes of Division 6 of Part 5. assistance animal means an animal referred to in section 9 (Disability discrimination—guide dogs, hearing assistance dogs and trained animals) of the Disability Discrimination Act 1992 of the Commonwealth, but does not include a working dog. Note— That section refers to a guide dog, a dog trained to assist a person in activities where hearing is required and any other animal trained to assist a person to alleviate the effect of a disability. authorised officer means— (a) an employee of a local authority authorised by the local authority for the purposes of this Act, or (b) a police officer. cat means an animal of the species Felis catus, whether or not domesticated. companion animal means each of the following— (a) a dog, (b) a cat, (c) any other animal that is prescribed by the regulations as a companion animal. Note— The fact that an animal is not strictly a "companion" does not prevent it being a companion animal for the purposes of this Act. All dogs are treated as companion animals, even working dogs on rural properties, guard dogs, police dogs and corrective services dogs. corrective services dog means a dog that is being used on official duty by a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999). Note— This Act contains special exemptions for corrective services dogs. Because this definition requires that the dog is being used on official duty by a correctional officer, the exemptions apply only when the dog is "on duty". council means— (a) the council of an area under the Local Government Act 1993, or (b) the Lord Howe Island Board in relation to Lord Howe Island (the Lord Howe Island Board's area for the purposes of this Act), or (c) the person appointed under section 6 (1A) in relation to land within the Western Division that is not within an area under the Local Government Act 1993 (the appointed person's area for the purposes of this Act). council pound means— (a) a place of care established by a council under the Public Spaces (Unattended Property) Act 2021, or (b) any other place approved by a council as a place for the holding of animals for the purposes of this Act. dangerous, in relation to a dog—see section 33. dangerous dog means a dog for the time being the subject of a declaration by an authorised officer of a council or a court under this Act that the dog is a dangerous dog. Departmental Chief Executive means the Chief Executive of the Office of Local Government. desexed means rendered permanently incapable of reproduction. disability has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth. dog means an animal (of either sex, or desexed, and whether or not domesticated) of a species with the scientific name Canis familiaris, Canis lupus familiaris, Canis lupus dingo, Canis familiaris dingo or Canis dingo, or a synonym of any of those names, and including a hybrid of any of those species. exercise a function includes perform a duty. function includes a power, authority and duty. Fund means the Companion Animals Fund established by this Act. identification information means the information prescribed by the regulations as the identification information for a companion animal. identified companion animal means a companion animal that is identified as referred to in section 70 (1). local authority is defined in section 6. menacing, in relation to a dog—see section 33A (1). menacing breed or kind of dog—see section 33A (2). menacing dog means a dog for the time being the subject of a declaration by an authorised officer of a council under section 34 (1A) or a court under section 45 (1A) that the dog is a menacing dog. owner is defined in section 7. permit means a permit issued under Part 2A. police dog means a dog that is being used by a police officer on official duty. Note— This Act contains special exemptions for police dogs. Because this definition requires that the dog is being used by a police officer on official duty, the exemptions apply only when the dog is "on duty". pound operator, in relation to a council pound referred to in paragraph (b) of the definition of that term, means the person or body that manages or has control of the pound. property means land or premises and includes, for the purposes of Part 7A, a building or structure of any description (such as a shed) or a vehicle or vessel. public place means— (a) any pathway, road, bridge, jetty, wharf, road-ferry, reserve, park, beach or garden, and (b) any other place, that the public are entitled to use. Register means the Register provided for by Part 9. registered means registered under this Act. registered owner of a companion animal means the person shown in the registration information entered on the Register as the registered owner of the animal (and in the case of joint registered owners means each of those joint registered owners). registration information means the information prescribed by the regulations as the registration information for a companion animal. rehoming organisation means— (a) a council or any other operator of a council pound, or (b) the Animal Welfare League NSW, or (c) the Cat Protection Society of NSW Limited, or (d) the Royal Society for the Prevention of Cruelty to Animals; New South Wales, or (e) any other organisation that is, for the time being, designated as a rehoming organisation by the Departmental Chief Executive under section 88B. restricted dog is defined in section 55. sell includes transfer ownership of the property in an animal by any means, including by gift. veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003. Western Division means that part of the State that is the Western Division within the meaning of the Crown Land Management Act 2016. working dog means a dog used primarily for the purpose of droving, tending, working or protecting stock, and includes a dog being trained as a working dog. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) (Repealed) (3) Notes in the text of this Act do not form part of this Act. 6 Meaning of "local authority" (1) The local authority for a place is the council in the area of which the place is located. (1A) The Minister may appoint a person to be the local authority for the purposes of this Act for land within the Western Division that is not within the area of a council under the Local Government Act 1993. (1B) The Minister may revoke an appointment under subsection (1A) at any time or for any reason. (1C) A person appointed under subsection (1A) (except a person who is an employee of a government sector agency within the meaning of the Government Sector Employment Act 2013) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person. (2) The regulations may provide that the functions of the local authority for a place are to be exercised for the purposes of this Act or specified provisions of this Act by a specified person or the holder of a specified office (instead of by the council provided for by subsection (1)). That person or the holder of that office is then the local authority for that place for the purposes of this Act or the relevant provisions of this Act. 6A General duties of councils (1) A council is required— (a) to promote awareness within its area of the requirements of this Act with respect to the ownership of companion animals, and (b) to take such steps as are appropriate to ensure that it is notified or otherwise made aware of the existence of all dangerous, menacing and restricted dogs (including dogs that might reasonably be considered to be the subject of a declaration under Division 1 or 6 of Part 5) that are ordinarily kept within its area. (2) Subsection (1) does not limit the other functions that may be conferred or imposed on a council by or under this Act. Note— Councils also have functions in relation to companion animals under other legislation. For example, the number of dogs or cats that are able to be kept on premises can be restricted by a council by giving an order to the occupier in terms of order No 18 in the Table to section 124 of the Local Government Act 1993. 6B Duty to provide certain information to councils (1) If an official person has any information about— (a) a dog that the person reasonably believes is a threat to the public, or (b) an incident involving a dog attacking or biting, without provocation, a person or animal, it is the duty of the official person to provide that information to the relevant council (or councils) as soon as it is reasonably practicable. Note— The relevant council would usually be the council of the area in which the dog is ordinarily kept. However, the relevant council may also be the council of the area in which the incident concerned took place. (2) An official person does not incur any criminal or civil liability (including liability for breaching any duty of confidentiality) for providing any such information to a council if the information is provided in good faith. (3) In this section, official person means— (a) a police officer, or (b) a person who, under the Prevention of Cruelty to Animals Act 1979, is an appointed officer employed by an approved charitable organisation. 7 Meaning of "owner" (1) Each of the following persons is the owner of a companion animal for the purposes of this Act— (a) the owner of the animal (in the sense of being the owner of the animal as personal property), (b) the person by whom the animal is ordinarily kept, (c) the registered owner of the animal. (2) A reference in this Act to the owner of a companion animal is a reference to each and all owners of the animal. Note— A provision of this Act that makes the owner of a companion animal guilty of an offence makes each owner guilty of the offence. (3), (4) (Repealed) (5) When a companion animal is ordinarily kept by an employee on behalf of his or her employer, the animal is for the purposes of this Act taken to be ordinarily kept by the employer and not the employee. This subsection does not prevent an employee being the registered owner of an animal and does not prevent the employee being an owner if the employee is the registered owner. (6) In any prosecution of the owner of a companion animal for an offence against this Act it is a defence if the defendant establishes that— (a) another owner of the animal has been convicted of an offence arising out of the same circumstances, or the commission by another owner of the animal of an offence arising out of the same circumstances has been proved but a court has made an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of the offence, or (b) another owner of the animal has paid the amount of the penalty prescribed under section 92 (Penalty notices) for an alleged offence arising out of the same circumstances. Part 2 Compulsory identification and registration of companion animals 8 Identification required from 12 weeks of age and before sale (1) A companion animal must be identified as required by the regulations from the time the animal is 12 weeks old. (2) A companion animal must not be sold unless it has been identified as required by the regulations (even if it is less than 12 weeks old when it is sold). (3) The owner of an animal is guilty of an offence if it is not identified in accordance with subsection (1). Maximum penalty— (a) 8 penalty units except in the case of a dangerous, menacing or restricted dog, or (b) 50 penalty units in the case of a dangerous, menacing or restricted dog. (4) A person who sells an animal in contravention of subsection (2) is guilty of an offence. Maximum penalty— (a) 8 penalty units except in the case of a dangerous, menacing or restricted dog, or (b) 50 penalty units in the case of a dangerous, menacing or restricted dog. (5) The regulations may change the age from which a companion animal is required to be identified under subsection (1) from 12 weeks to any other age (either generally for all companion animals or for a particular kind or class of companion animal). Note— The term "sell" extends to the transfer of ownership by any means, including by gift. This section requires an animal to be identified before it is sold no matter what the age of the animal when it is sold. 9 Registration required from age 6 months (1) A companion animal must be registered under this Act from the time the animal is 6 months old. The owner of the animal is guilty of an offence if it is not registered. Maximum penalty— (a) in the case of a dangerous, menacing or restricted dog—60 penalty units for a first offence or 70 penalty units for a second or subsequent offence, or (b) in any other case—50 penalty units for a first offence or 60 penalty units for a second or subsequent offence. Note— The regulations may provide for exceptions to this section. An owner does not have to wait until an animal is 6 months old to register it. An animal of any age can be registered. (2) The regulations may change the age from which a companion animal is required to be registered under this section from 6 months to any other age, either generally for all companion animals or for a particular kind or class of companion animal. (3) A person is taken to commit a separate offence under this section on every day the companion animal remains unregistered. However, a person— (a) may not be convicted for the commission of more than one offence in relation to the failure to register a companion animal during any single calendar month, and (b) may be convicted only once in relation to any failure to register a companion animal that occurred before that failure came to the notice of the council of the area in which the animal is ordinarily kept. Note— This subsection does not limit the number of times a person may be prosecuted under section 10B (Notice requiring companion animal to be registered). (4) A greyhound that is registered for the time being under the Greyhound Racing Act 2017 is exempt from this section. 10 Regulations may require registration The regulations may require a particular class or description of companion animals (not otherwise required to be registered) to be registered. The owner of such an animal is guilty of an offence if it is not registered. Maximum penalty— (a) in the case of a dangerous, menacing or restricted dog—60 penalty units for a first offence or 70 penalty units for a second or subsequent offence, or (b) in any other case—50 penalty units for a first offence or 60 penalty units for a second or subsequent offence. Note— For example, the regulations could require that a companion animal be registered if it has been seized under this Act (for example, because it was found at large outside the property of its owner). The animal would then have to be registered even though it might be less than 6 months old. 10A (Repealed) 10B Notice requiring companion animal to be registered (1) If a companion animal that is required to be registered is not registered, the council of the area in which the animal is ordinarily kept may give the owner of the animal a notice, in the approved form, requiring the owner to register the animal within 14 days after the date the notice is given. (2) The owner of the companion animal must comply with the notice. Maximum penalty— (a) in the case of a dangerous, menacing or restricted dog—60 penalty units for a first offence or 70 penalty units for a second or subsequent offence, or (b) in any other case—50 penalty units for a first offence or 60 penalty units for a second or subsequent offence. (3) A notice under this section may be given on more than one occasion to the owner of an unregistered companion animal that is required to be registered (but only after an interval of at least 3 months since the last such notice was given). 11 Owner required to notify certain changes and events (1) The owner of an identified companion animal (whether or not it is registered) must notify the Departmental Chief Executive when any of the following happens— (a) any change occurs in the registration information or identification information for the animal (notification must be given within 14 days after the change occurs), (b) the making or revocation of a declaration by a court under Part 5 that the animal (being a dog) is a dangerous dog or a menacing dog (notification must be given within 7 days after the declaration is made or revoked), (c) the animal dies (notification must be given within 28 days after the animal dies), (d) the animal has been missing for more than 72 hours (notification must be given within 96 hours after the animal went missing), (d1) the animal has been found after having been reported missing (notification must be given within 72 hours after the animal is found), (e) any other event prescribed as a notifiable event by the regulations. Maximum penalty— (a) 8 penalty units except in the case of a dangerous, menacing or restricted dog, or (b) 50 penalty units in the case of a dangerous, menacing or restricted dog. (2) The regulations may provide for the manner in which a notification under this section is to be given to the Departmental Chief Executive. Notification is not considered to have been given unless it is given in compliance with any such applicable provisions of the regulations. (3) When the Departmental Chief Executive is notified of a change in registration information, the Departmental Chief Executive is to provide the registered owner of the animal with a certificate of registration free of charge showing the registration information as changed. If the change is a change of ownership, the certificate of registration is to be provided to the new owner. (4) A person who in any notification given for the purposes of this section makes a statement or gives information that the person knows is false or misleading in a material particular is guilty of an offence. Maximum penalty—8 penalty units. 11A Duties of councils in relation to companion animals killed by traffic A council is required— (a) to take such steps as are reasonable to ascertain the ownership of any companion animal found in its area that appears to have been killed as the result of being hit by a vehicle, and (b) if the animal that has been killed was an identified companion animal—to notify the Departmental Chief Executive and the owner of the animal (if the owner can be identified) that the animal has been killed. Part 2A Annual permits for certain companion animals Division 1 Requirement for permit 11B Annual permit required for cats that are not desexed (1) A permit is required to own a cat that is 4 months old or older, unless the cat is desexed. (2) The owner of a cat that is not desexed and for which a permit is required is guilty of an offence if a permit is not in force in relation to the cat. Maximum penalty—50 penalty units. (3) The following grace periods apply to an offence against this section— (a) the period of 2 months after a cat reaches 4 months of age, (b) the period of 2 months (or any other period prescribed by the regulations) after a person acquires ownership of a cat. (4) A person cannot be proceeded against, and a section 11E notice cannot be issued, for an offence committed in relation to a cat during a grace period for an offence against this section if the person duly applies for a permit for the cat by the end of the grace period. 11C Annual permit required for dangerous dogs (1) A permit is required to own a dangerous dog. The permit is required on and from the date that is 7 days after the declaration that the dog is a dangerous dog takes effect. (2) The owner of a dangerous dog is guilty of an offence if a permit is not in force in relation to the dog on or after the date from which it is required under this section. Maximum penalty—60 penalty units. (3) This section applies to a dog whether or not the dog is also a restricted dog and, accordingly, another permit will be required by section 11D if that section applies. 11D Annual permit required for restricted dogs (1) A permit is required to own a restricted dog. The permit is required on and from the following date— (a) if the dog is an American pit bull terrier, pit bull terrier, Japanese tosa, dogo Argentino or fila Brasileiro, Perro de Presa Canario or Presa Canario—the date that the animal is 6 months old, (b) if the dog is of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth—21 days after the importation of the breed, kind or description of the dog was first prohibited, (c) if the dog is declared to be a restricted dog by an authorised officer of a council under Division 6 of Part 5—21 days after the declaration takes effect, (d) if the dog is of a breed, kind or description prescribed by the regulations for the purposes of section 55—21 days after the day that the breed, kind or description was first prescribed. (2) The owner of a restricted dog is guilty of an offence if a permit is not in force in relation to the dog on or after the date from which it is required under this section. Maximum penalty—60 penalty units. (3) This section applies to a dog whether or not the dog is also a dangerous dog and, therefore, another permit will be required by section 11C if that section applies. 11E Notice requiring permit for companion animal (1) If this Division requires a permit to own a companion animal, the council of the area in which the animal is ordinarily kept may give the owner of the animal a notice, in the approved form, requiring the owner to apply for a permit in relation to the animal within 14 days after the date the notice is given. (2) The owner of the companion animal must comply with the notice. Maximum penalty— (a) in the case of a cat—50 penalty units, or (b) in the case of a dangerous dog or restricted dog—60 penalty units. (3) A notice under this section may be given on more than one occasion to the owner of a companion animal (but only after an interval of at least 3 months since the last such notice was given). 11F Exemptions for animals in custody of rehoming organisations (1) This Division does not apply to a companion animal that is in the custody of any of the following— (a) a council, or an operator of a council pound that is not a council, (b) the Animal Welfare League NSW, (c) The Cat Protection Society of NSW Inc, (d) the Royal Society for the Prevention of Cruelty to Animals; New South Wales. (2) This Division does not apply to a companion animal that is in the custody of any other organisation that is, for the time being, designated as a rehoming organisation by the Departmental Chief Executive under section 88B, if the animal has not been in the custody of that organisation or any other rehoming organisation for more than 12 months. 11G Further exemptions This Division does not apply to any of the following companion animals— (a) a dog that is ordinarily used by a police officer on official duty, (b) a dog that is ordinarily used on official duty by a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999), (c) a dog used by a Commonwealth officer on official duty, (d) a companion animal in the custody of an accredited research establishment within the meaning of the Animal Research Act 1985, or the holder of an animal research authority or an animal supplier's licence within the meaning of that Act, for purposes in connection with animal research, as authorised under that Act, (e) a companion animal kept at a licensed animal display establishment within the meaning of the Exhibited Animals Protection Act 1986 and lawfully exhibited in accordance with that Act, (f) a companion animal prescribed by, or of a class prescribed by, the regulations. 11H Continuing offences A person who commits an offence under section 11B, 11C or 11D commits another, separate, offence under that section each calendar month that the contravention of that section continues. Note— This section does not limit the number of times a person may be prosecuted under section 11E (Notice requiring permit for companion animal). Division 2 Permit scheme 11I Application for permit (1) An application for a permit must be made to the Departmental Chief Executive in accordance with the regulations. (2) The application fee prescribed by the regulations must be paid when the application is made or within any other period that is approved by the Departmental Chief Executive. (3) The application must include or be accompanied by any information and particulars that are prescribed by the regulations. (4) On receiving an application for a permit, the Departmental Chief Executive may carry out any investigations and inquiries that the Departmental Chief Executive considers necessary to enable the Departmental Chief Executive to consider the application properly. (5) Section 12 of the Criminal Records Act 1991 does not apply in relation to an application for a permit. (6) A person does not commit an offence against Division 1 in respect of the ownership of a companion animal during any period in which an application for a permit duly made by the person is pending before the Departmental Chief Executive for determination. 11J Issuing of permit (1) The Departmental Chief Executive may, after considering an application for a permit— (a) issue a permit to the applicant, or (b) refuse to issue a permit to the applicant. (2) The regulations may prescribe mandatory or discretionary grounds for refusing to issue a permit. 11K Conditions of permit (1) A permit is subject to the following conditions— (a) any condition prescribed by the regulations, (b) any conditions imposed on the permit by the Departmental Chief Executive, whether at the time the permit is issued or at any later time. (2) The Departmental Chief Executive may, at any time, by notice in writing served on the holder of the permit— (a) revoke or vary any condition imposed on the permit (other than a condition prescribed by the regulations), or (b) impose new conditions on the permit. (3) The Departmental Chief Executive may impose, revoke or vary conditions on a permit for any reason, and in circumstances, that the Departmental Chief Executive considers appropriate or necessary. (4) The holder of a permit must comply with any condition to which the permit is subject. Maximum penalty—20 penalty units. 11L Term of permit A permit for a cat, dangerous dog or restricted dog continues in force for a period of 12 months from the date on which it was issued, or from another date specified in the permit, unless it is sooner surrendered or revoked or otherwise ceases to be in force. 11M Sale of animal subject to permit (1) If a companion animal that is the subject of a permit is sold, the permit continues to apply to the companion animal for the remainder of the term of the permit unless it is sooner surrendered or revoked or otherwise ceases to be in force. (2) For the purposes of this Part, the person to whom the companion animal is sold is taken to be the holder of the permit, which is taken to be subject to the same conditions as those to which the permit was subject immediately before the sale of the animal. Division 3 General 11N Regulations—permits The regulations may make provision for or with respect to any of the following— (a) the making of an application for a permit (including the form of an application and the information and evidence to accompany an application), (b) the requirements for the issue of a permit (including any identification requirements), (c) the grounds for refusal of a permit, (d) the fees payable in connection with a permit or an application for the issue or renewal of a permit (including any late payment fees or fees for the issue of a replacement permit), (e) any exemptions from, or reductions in, any fee payable, (f) the renewal of permits, (g) the revocation of permits, (h) the notification, by the holder of a permit, of the sale of a companion animal that is subject to a permit, (i) enabling the functions of the Departmental Chief Executive under this Part to be exercised by a council or any other person, or class of persons, appointed by the Departmental Chief Executive. Part 3 Responsibilities for control of dogs Division 1 General responsibilities 12 Dog to wear collar and tag (1) A dog must have a collar around its neck and there must be attached to the collar— (a) a name tag that shows the name of the dog and the address or telephone number of t