New South Wales: 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the Companion Animals Act 1998. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 (Repealed) 3A Principal object of Act The principal object of this Act is to provide for the effective and responsible care and management of companion animals. 4 Policy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 the owner of the dog, and (b) (Repealed) (2) The owner of the dog is guilty of an offence if this section is not complied with. 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. (3) The regulations may impose requirements in respect of the size, colour and material of a tag for use for the purposes of this section. (4) This section does not apply to a dog while it is on property of which the owner of the dog is the occupier or to a working dog. 12A Preventing dog from escaping (1) The owner of a dog must take all reasonable precautions to prevent the dog from escaping from the property on which it is being kept. 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. (1A) The regulations may, for the purposes of this section, specify what constitutes or does not constitute reasonable precautions to prevent a dog from escaping. (2) For the purposes of subsection (1), owner of a dog includes the person who is for the time being in charge of the dog. 13 Responsibilities while dog in public place (1) A dog that is in a public place must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person. (2) If this section is contravened— (a) the owner of the dog, or (b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person, is guilty of an offence. Maximum penalty— (a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or (b) 100 penalty units in the case of a dangerous, menacing or restricted dog. (3) Any person (including an authorised officer) can seize a dog that is in a public place in contravention of this section. If the owner of the dog is present, the dog cannot be seized except by an authorised officer and only then if the contravention continues after the owner has been told of the contravention. A reference in this subsection to the owner of the dog includes a reference to the person who is for the time being in charge of the dog. Note— Putting the dog on a leash prevents the dog being seized but it does not excuse the contravention and does not stop action being taken for the contravention. (4) A dog is not considered to be under the effective control of a person if the person has more than 4 dogs under his or her control. (5) This section does not apply to— (a) a dog accompanied by some competent person in an area declared to be an off-leash area by a declaration under this section (but only if the total number of dogs that the person is accompanied by or has control of does not exceed 4), or (b) a dog engaged in the droving, tending or working of stock, or (c) a dog being exhibited for show purposes, or (d) a dog participating in an obedience class, trial or exhibition, or (e) a police dog, or (e1) a corrective services dog, or (f) a dog secured in a cage or vehicle or tethered to a fixed object or structure. Note— Just because a dog is not on a lead in an off-leash area, or is secured in a cage or vehicle or is tethered to a fixed object or structure, does not mean that an offence under section 16 is not committed if the dog rushes at, attacks, bites, harasses or chases any person or animal, whether or not any injury is caused. (6) A local authority can by order declare a public place to be an off-leash area. Such a declaration can be limited so as to apply during a particular period or periods of the day or to different periods of different days. However, there must at all times be at least one public place in the area of a local authority that is an off-leash area. 14 Dogs prohibited in some public places (1) Dogs are prohibited in the following places (whether or not they are leashed or otherwise controlled)— (a) Children's play areas (meaning any public place, or part of a public place, that is within 10 metres of any playing apparatus provided in that public place or part for the use of children). (b) Food preparation/consumption areas (meaning any public place, or part of a public place, that is within 10 metres of any apparatus provided in that public place or part for the preparation of food for human consumption or for the consumption of food by humans). (c) Recreation areas where dogs are prohibited (meaning any public place, or part of a public place, provided or set apart by a local authority for public recreation or the playing of organised games and in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place or part). (d) Public bathing areas where dogs are prohibited (meaning any public place or any part of a public place that is used for or in conjunction with public bathing or public recreation (including a beach), in which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place). (e) School grounds (meaning any property occupied or used for a purpose connected with the conduct of a government school or non- government school under the Education Act 1990, other than any property used for a residence or the curtilage of a residence). (f) Child care centres (meaning any property occupied or used for a purpose connected with the conduct of an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, other than any property used for a residence or the curtilage of a residence). (g) Shopping areas where dogs are prohibited (meaning a shopping arcade or shopping complex, including any part of it that is used by the public for parking or access to shops, in which or part of which the local authority has ordered that dogs are prohibited and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited there). This paragraph does not apply to any shop or part of a shop. (h) Wildlife protection areas (meaning any public place or any part of a public place set apart by the local authority for the protection of wildlife and in which the local authority has ordered that dogs are prohibited for the purposes of the protection of wildlife and in which, or near the boundaries of which, there are conspicuously exhibited by the local authority at reasonable intervals notices to the effect that dogs are prohibited in or on that public place). (2) If a dog is in a place in which dogs are prohibited under this section— (a) the owner of the dog, or (b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person, is guilty of an offence. Maximum penalty— (a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or (b) 100 penalty units in the case of a dangerous, menacing or restricted dog. (3) Any person (including an authorised officer) can seize a dog that is in a place in which dogs are prohibited under this section. If the owner of the dog is present, the dog cannot be seized except by an authorised officer and only then if the owner fails to remove the dog from the place when the officer directs the owner to do so. A reference in this subsection to the owner of the dog includes a reference to the person who is for the time being in charge of the dog. Note— Removing the dog prevents the dog being impounded but it does not excuse the contravention and does not stop action being taken for the contravention. (4) A dog is not prohibited under this section in a place that is a food preparation/consumption area if the place is a public thoroughfare (such as a road, footpath or pathway). (5) A dog is not prohibited under this section in a school ground or child care centre if it is there with the permission of the person controlling the school ground or child care centre. (6) A dog is not prohibited under this section in a place within a shopping area if it is there— (a) in a vehicle that is secured in such a way as to prevent the dog from escaping from it, or (b) with the permission of the person controlling the place, or (c) for the purpose of being taken to or from a pet shop, the premises of a veterinary practitioner or a similar establishment. (7) A local authority is authorised to make the orders contemplated by this section. (8) This section does not apply to the following dogs— (a) a police dog, (b) a dog that is an assistance animal being used bona fide by a person with a disability to assist the person, (c) a corrective services dog. 14A Dogs not prohibited in outdoor dining areas in certain circumstances (1) The relevant legal restrictions do not prohibit a dog (other than a dangerous, menacing or restricted dog) from being in an outdoor dining area if— (a) the dog is under the effective control of some competent person and is restrained by means of an adequate chain, cord or leash that is attached to the dog, and (b) the person does not feed the dog or permit the dog to be fed, and (c) the dog is kept on the ground. (2) However, if the outdoor dining area is within a public place declared by a local authority to be an off-leash area— (a) it is not necessary for the dog to be restrained by means of a chain, cord or leash, and (b) the dog can be fed while the dog is on the ground, but not using any apparatus provided for the consumption of food by humans, and (c) the dog can sit on a person's lap, but must not be allowed to sit on any table or chairs or make contact with other apparatus provided for the consumption of food by humans. (3) This section does not confer any entitlement on a person accompanied by a dog to use any table and chairs or other apparatus provided in an outdoor dining area by a food business (within the meaning of the Food Act 2003) without the permission of the operator of the food business. (4) The relevant legal restrictions are— (a) section 14 (1) (b), and (b) the Food Act 2003 and the Food Standards Code (within the meaning of that Act). (5) An outdoor dining area is an area that— (a) is used for the consumption of food by humans, and (b) is not enclosed, and (c) can be entered by the public without passing through an enclosed area in which dogs are prohibited by this Act or the other relevant legal restrictions, but does not include any part of an area that is used for the preparation of food. (6) An area is enclosed if, except for doorways and passageways, the area is substantially or completely enclosed, whether permanently or temporarily, by— (a) a ceiling or roof, and (b) walls or windows (or both). 15 Certain breeds of dogs to be muzzled (1) A dog to which this section applies must at all times have a muzzle securely fixed on its mouth in such a manner as will prevent it from biting any person or animal, except when the dog is— (a) in or on any property or vehicle of which the owner of the dog is an occupier or where the dog is ordinarily kept, or (b) under the effective control of some competent person and being exhibited for show purposes or participating in an obedience trial, or (c) exempted from this section by the regulations. (2) If this section is contravened— (a) the owner of the dog, or (b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person, is guilty of an offence. Maximum penalty—8 penalty units. (3) The regulations may prescribe any breed, kind or description of dog as a breed, kind or description to which this section applies and a dog of that breed, kind or description is then a dog to which this section applies. 16 Offences where dog attacks person or animal (1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal— (a) the owner of the dog, or (b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person, is guilty of an offence. Maximum penalty— (a) 100 penalty units except in the case of a dangerous, menacing or restricted dog, or (b) 400 penalty units in the case of a dangerous, menacing or restricted dog. (1AA) If a dog (other than a dangerous, menacing or restricted dog) rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal— (a) the owner of the dog is guilty of an offence if the incident occurs as a result of a reckless act or omission by the owner, or (b) if the owner is not present at the time of the incident and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person is guilty of an offence if the incident occurs as a result of a reckless act or omission by that other person. Maximum penalty—200 penalty units or imprisonment for 2 years, or both. (1AB) If a dangerous, menacing or restricted dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal— (a) the owner of the dog is guilty of an offence if the incident occurs as a result of a reckless act or omission by the owner, or (b) if the owner is not present at the time of the incident and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person is guilty of an offence if the incident occurs as a result of a reckless act or omission by that other person. Maximum penalty—500 penalty units or imprisonment for 4 years, or both. (1A) The owner of a dangerous dog, a menacing dog or a restricted dog is guilty of an offence if— (a) the dog attacks or bites any person (whether or not any injury is caused to the person), and (b) the incident occurs as a result of the owner's failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog. Maximum penalty—700 penalty units or imprisonment for 5 years, or both. Note— Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23. (2) It is not an offence under this section if the incident occurred— (a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or (b) as a result of the person or animal trespassing on the property on which the dog was being kept, or (c) as a result of the dog acting in reasonable defence of a person or property, or (d) in the course of lawful hunting, or (e) in the course of the working of stock by the dog or the training of the dog in the working of stock. (3) This section does not apply to a police dog or a corrective services dog. (4) If, on the trial of a person charged with an offence against subsection (1AA) or (1AB) the trier of fact is not satisfied that the person committed the offence but is satisfied that the person committed an offence against subsection (1), the trier of fact may find the person not guilty of the offence charged but guilty of an offence against subsection (1), and the person is liable to punishment accordingly. (5) For the purposes of this section, recklessness may also be established by proof of intention. 17 Dog must not be encouraged to attack (1) A person who sets on or urges a dog (other than a dangerous, menacing or restricted dog) to attack, bite, harass or chase any person or animal (other than vermin) is guilty of an offence, whether or not actual injury is caused. Maximum penalty—200 penalty units. (1A) A person who sets on or urges a dangerous, menacing or restricted dog to attack, bite, harass or chase any person or animal (other than vermin) is guilty of an offence, whether or not actual injury is caused. Maximum penalty—700 penalty units or imprisonment for 5 years, or both. Note— If the dog is a dangerous, menacing or restricted dog, conviction for an offence under this section results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23. (2) This section does not apply to something done by a person— (a) in the reasonable defence of a person or property, (b) in the proper performance of the person's duties as a police officer or correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999), (c) in the course of the use of a dog for the working of stock or the training of a dog in the working of stock, (d) in the course of lawful hunting. 18 Dog that has attacked or bitten may be secured or seized (1) If a dog attacks or bites any person or animal (except vermin) otherwise than in the circumstances referred to in section 16 (2), an authorised officer may, at any time within 72 hours after the attack or bite— (a) secure the dog on property that the officer has reason to believe is occupied by the dog's owner, or (b) seize the dog. (2) Any other person may seize the dog if the dog is on property owned or occupied by the person. (3) If the dog is on property that an authorised officer has reason to believe is occupied by the dog's owner, the officer may seize the dog only if the officer is satisfied that— (a) the dog cannot be kept adequately secured on that property, or (b) the dog cannot be kept under the effective control of some competent person while it is on that property, or (c) the owner of the dog has repeatedly failed to keep the dog secured on that property or under the effective control of a competent person while it is on that property (regardless of whether the dog is secured or under effective control at the relevant time). (4) An authorised officer who, under this section, secures or seizes a dog on property that the officer has reason to believe is property occupied by the dog's owner must, before leaving that property, prepare a notice setting out— (a) the reasons why the dog has been secured or seized, and (b) the method by which the dog has been secured, or the place to which it has been taken, as the case may be. (5) The notice must be left— (a) in a conspicuous place on the property, or (b) with a person (being a person apparently above the age of 16 years) who appears to be an occupier of the property. (6) This section applies whether or not any injury is caused to a person or animal by the dog's attack or bite. 19 (Repealed) 20 Dogs defecating in public place (1) If a dog defecates in a public place— (a) the owner of the dog, or (b) if the owner is not present at the relevant time and another person who is of or above the age of 16 years is in charge of the dog at that time—that other person, must immediately remove the dog's faeces and properly dispose of them. Maximum penalty—8 penalty units. (2) Proper disposal includes disposal in a rubbish receptacle designated for the purpose by the local authority. It is the duty of a local authority for a place that is commonly used for exercising dogs (including an off-leash area) to provide sufficient rubbish receptacles for the proper disposal of the faeces of dogs that defecate in the place. (3) This section does not apply when the dog is an assistance animal being used bona fide by a person with a disability to assist the person and the person's disability makes compliance by the person with this section not reasonably practicable. 21, 21A (Renumbered as secs 32A, 32B) 22 Action to protect persons and property against dogs (1) Any person may lawfully seize a dog if that action is reasonable and necessary for the prevention of damage to property. (2) Any person may lawfully seize, injure or destroy a dog if that action is reasonable and necessary for the protection of any person or animal (other than vermin) from injury or death. (3) However, subsection (2) does not authorise the seizure of, injury to or destruction of a dog that is engaged in the droving, tending, working or protection of stock unless the action is reasonable and necessary for the protection of a person from injury or death. (4) (Repealed) (5) If a dog that is not under the effective control of some competent person enters any inclosed lands within the meaning of the Inclosed Lands Protection Act 1901 and approaches any animal being farmed on the land, the occupier of the land or any person authorised by the occupier can lawfully injure or destroy the dog if he or she reasonably believes that the dog will molest, attack or cause injury to any of those animals. (6) An authorised officer who finds a dog attacking or harassing an animal (other than vermin) within a wildlife protection area (as defined in section 14 (1) (h)) can lawfully injure or destroy the dog if there is no other reasonably practicable way of protecting the animal. (7) A person who takes action under the authority of this section that results in the injury to or death of a dog must— (a) take reasonable steps to ensure that an injured dog receives any necessary treatment, and (b) report the matter to an authorised officer (unless the person is an authorised officer) and comply with such reasonable directions as the authorised officer may give for the purpose of causing the dog to be returned to its owner or taken to a council pound, and (c) take reasonable steps to inform the owner of the dog. (8) An authorised officer is not to give a direction under this section for the purpose of causing a dog to be taken to a council pound unless the authorised officer is satisfied that the owner of the dog cannot be identified. (9) Nothing in this section authorises a contravention of the Prevention of Cruelty to Animals Act 1979. (10) The authority conferred by this section to destroy a dog extends only to authorising the destruction of the dog in a manner that causes it to die quickly and without unnecessary suffering. 23 Disqualification from owning or being in charge of dog (1) A person who is convicted of any of the following offences is permanently disqualified from owning a dog or from being in charge of a dog in a public place— (a) an offence under section 16 (1AB) or (1A), (b) an offence under section 17 where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence, (c) an offence under section 35A of the Crimes Act 1900. (2) A court that convicts a person of an offence under any of the following provisions of this Act can order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period— (a) section 15 (Certain breeds of dogs to be muzzled), (b) section 16 (1) or (1AA), (c) section 17 (Dog must not be encouraged to attack), except where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence, (d) section 36 (Obligations of owner when notified of proposed declaration), (e) section 49 (Failure to comply with destruction or control order), (f) section 51 (Owner of dangerous dog or menacing dog must comply with control requirements), (g) section 56 (Owner of restricted dog must comply with control requirements), (h) any other provision prescribed by the regulations as a provision to which this subsection applies. (3) A court that convicts a person of more than one offence under any of the following provisions of this Act during any 5 year period can, on the second or subsequent conviction during that period, order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period— (a) section 32A (Nuisance dogs), (b) any other provision prescribed by the regulations as a provision to which this subsection applies. (4) The maximum period of disqualification that a court can order under this section is 5 years. An order under this section is in addition to any penalty that the court can impose for an offence. (5) The making of an order by a court under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of a person charged with an offence is to be treated for the purposes of this section as a conviction of the person for the offence. (6) A person who is the owner of a dog, or who is in charge of a dog, in contravention of a disqualification or order under this section is guilty of an offence. Maximum penalty— (a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or (b) 100 penalty units in the case of a dangerous, menacing or restricted dog. 24 Appeal against disqualification from owning or being in charge of dog (1) A person against whom an order disqualifying the person from owning or being in charge of a dog is made under section 23 may appeal to the District Court, in accordance with the rules of that Court, against the order. (2) An appeal may be made only within 28 days after the date on which the order is made. (3) An appeal that is duly lodged operates to stay the order of disqualification pending the determination of the appeal. (4) The District Court has jurisdiction to hear and determine an appeal made under this section. Division 2 Liability for injury or death caused by dog 25 Liability for injury to person or damage to personal property (1) The owner of a dog is liable in damages in respect of— (a) bodily injury to a person caused by the dog wounding or attacking that person, and (b) damage to the personal property of a person (including clothing) caused by the dog in the course of attacking that person. (2) This section does not apply in respect of— (a) an attack by a dog occurring on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the person attacked was not lawfully on the property or vehicle and the dog was not a dangerous dog, menacing dog or restricted dog at the time of the attack, or (b) an attack by a dog that is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner's employees or agents. (3) This section does not apply in respect of a police dog or a corrective services dog. (4) This section does not affect the liability apart from this section of any person for damage caused by a dog. 26 Continuation of liability when person dies from dog attack Where the death of a person is caused by a dog wounding or attacking the person and the person would (had death not ensued) have been entitled under section 25 to recover damages from the owner of the dog in respect of bodily injury caused by the wounding or attack, the wounding or attack is, for the purposes of the Compensation to Relatives Act 1897, taken to be a wrongful act such as would (had death not ensued) have entitled the injured person to maintain an action against, and recover damages from, the owner of the dog in respect of that act. 27 Liability for injury to animal (1) The owner of a dog is liable in damages in respect of injury (whether or not fatal) to another animal (whether or not a dog, but other than vermin) caused by the dog attacking or chasing it. (2) This section does not apply in respect of— (a) a dog attacking or chasing another animal on any property or vehicle of which the owner of the dog is an occupier or on which the dog is ordinarily kept, but only if the dog is not a dangerous dog or menacing dog under this Act at the time of the incident, or (b) a dog attacking or chasing another animal in the course of droving, tending, working or protecting stock, or (c) a dog attacking or chasing another animal where the attacking or chasing is in immediate response to, and is wholly induced by, intentional provocation of the dog by a person other than the owner of the dog or the owner's employees or agents, or (d) a dog attacking or causing injury to another animal, where its doing so is in immediate response to, and is wholly induced by, an attack on the dog made by the other animal. (3) This section does not affect the liability apart from this section of any person for damage caused by a dog. 28 Contributory negligence (1) When damage suffered by a person that gives rise to a liability on the part of the owner of a dog to pay damages under this Division is the result partly of contributory negligence on the part of the person who suffers the damage, the damage is, for the purposes of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965, taken to have been suffered as the result partly of a wrong by the owner of the dog and partly of the contributory negligence of the person who suffered the damage. (2) This section does not affect the operation of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 in respect of any liability for damage caused by a dog that arises otherwise than under this Division. Part 4 Responsibilities for control of cats 29 Cats must have form of identification (1) A cat must be identified by a form of identification that enables a local authority to ascertain the name of the cat and the address or telephone number of the owner of the cat. (2) The identification may take any of the following forms— (a) a collar worn around the cat's neck with a tag or tags attached, (b) a microchip, (