Queensland: Animal Management (Cats and Dogs) Act 2008 (Qld)

Animal Management (Cats and Dogs) Act 2008 An Act for the identification and management of cats and dogs and the registration of dogs Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Animal Management (Cats and Dogs) Act 2008. 2 Commencement (1) The provisions of this Act, other than the following, commence on 1 July 2009— • the provisions mentioned in subsection (2) • section 227. (2) The following provisions commence on a day to be fixed by proclamation— • section 172(1) and (2) • section 173(1) to (3) • sections 174 to 176. Part 2 Purposes and application of Act Division 1 Purposes 3 Purposes of Act The purposes of this Act are to— (a) provide for the identification of cats and dogs; and (b) provide for the registration of dogs; and (c) provide for the effective management of regulated dogs; and (d) promote the responsible ownership of cats and dogs; and Note— For the welfare of animals generally, see the Animal Care and Protection Act 2001. (e) promote the responsible breeding of dogs; and (f) prohibit the ownership of and particular dealings with dogs of particular breeds. 4 How purposes are to be primarily achieved The purposes are to be primarily achieved by the following— (a) imposing obligations about identification devices for cats and dogs on their owners, sellers, authorised implanters and operators of pounds or shelters; (b) imposing obligations on owners and veterinary surgeons about tattooing cats and dogs for desexing; (c) imposing registration obligations on dog breeders; (d) regulating the supply of dogs and the advertising of dogs for supply; (e) providing for the sharing of information about dog breeders with particular agencies and entities that are responsible for animal welfare; (f) imposing registration obligations on dog owners; (g) imposing obligations on regulated dog owners; (h) providing for the chief executive to establish a breeder register and regulated dog register; (i) prohibiting ownership of dogs of particular breeds; (j) appointing authorised persons to investigate, monitor and enforce compliance with this Act; (k) requiring those who may provide PPID registry services to be licensed and imposing obligations on licensees; (l) requiring local governments to keep a general register about dogs; (m) imposing obligations on particular persons to exercise effective control of dogs in particular circumstances and ensure dogs do not attack or cause fear; (n) prohibiting anyone from allowing or encouraging a dog to attack or cause fear to people or other animals. Division 2 Application 5 Act binds all persons (1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act. 6 Relationship with local laws (1) This Act does not prevent a local law from imposing requirements in relation to cats or dogs generally. (2) Without limiting subsection (1), a local government may make a local law— (a) prohibiting anyone in its local government area, other than an exempted person, from possessing a dog of a particular breed; or (b) imposing registration obligations on owners of cats. (3) Subject to subsection (2), if this Act and a local law are inconsistent about a requirement, the local law is invalid to the extent of the inconsistency. (4) This section applies for a local law whenever it was made. (5) In this section— breed includes crossbreed of a breed. exempted person means an authorised person exercising functions or powers under this Act or a local law. local law includes a subordinate local law. prohibits includes a prohibition that does not provide for a penalty if the prohibition is contravened. 7 Act does not affect other rights or remedies (1) Subject to sections 41 and 103, this Act does not limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (3) In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. Part 3 Interpretation Division 1 Dictionary 8 Definitions The dictionary in schedule 2 defines particular words used in this Act. Division 2 Key definitions 9 Who is an owner of a cat or dog (1) Each person as follows is an owner of a cat or dog— (a) a person who is— (i) the registered owner of the dog; or (ii) if a local government makes a local law requiring cats to be registered—identified as the owner of the cat under the local law; (b) a person who owns the cat or dog, in the sense of it being the person's personal property; (c) a person who usually keeps the cat or dog, including through an agent, employee or anyone else; (d) if a person mentioned in paragraphs (a) to (c) is a child—a parent or guardian of the child. (2) For subsection (1)(c), a person does not usually keep a cat or dog— (a) merely because the person occupies a place at which the cat or dog is kept if someone else who is an adult and lives at the place keeps it; or (b) if the person keeps the cat or dog as an employee of someone else and the person is acting within the scope of the employment; or (c) merely because the person is an inspector under the Animal Care and Protection Act 2001 or is performing functions, or exercising powers, in that capacity under that Act. (3) If a person owns a female cat or dog and the female has offspring, the person is taken to be the offspring's owner immediately after its birth. 10 Who is a responsible person for a dog (1) A person is a responsible person for a dog if— (a) the person, or the person's employee acting within the scope of the employment, has immediate control or custody of the dog; or (b) the person is the parent or guardian of a child who has immediate control or custody of the dog; or (c) the person occupies the place at which the dog is usually kept. (2) However, a person is not a responsible person for the dog— (a) merely because the person occupies a place at which the dog is usually kept if someone else who is an adult and lives at the place keeps the dog; or (b) if the person has the control or custody of or keeps the dog as an employee of someone else and the person is acting within the scope of the employment. 11 What is a cat or dog (1) A cat is an animal of the species Felis catus, or domestic cat. (2) A dog is an animal of the species Canis lupus familiaris, or domestic dog. 12 Identification devices under Act (1) A prescribed permanent identification device or PPID is a microchip or other electronic device that— (a) is capable of being permanently implanted in a cat or dog; and (b) is designed to record information in a way that can be electronically retrieved; and (c) complies with the requirements prescribed by regulation for the device. (2) A registration device is a device, to help identify a dog, decided by a resolution of the relevant local government for the dog. Example of a registration device— a tag for the collar of a dog 12A When a person breeds a dog (1) A person breeds a dog if the dog is born to a female dog that is usually kept by the person, including through an agent, employee or anyone else. (2) However, if the person who usually keeps the female dog is a child, the dog born to the female dog is taken to have been bred by a parent or guardian of the child. (3) For subsections (1) and (2), it is irrelevant whether the person or, if the person is a child, a parent or guardian of the person intends to keep the dog or supply it to another person. Chapter 2 Identification of cats and dogs Part 1 Prescribed permanent identification devices Division 1 Obligation on owner of cat or dog 13 [Repealed] 14 Owner must ensure cat or dog is implanted (1) A person who is or becomes an owner of a cat or dog that is not implanted with a PPID must ensure the cat or dog is implanted with a PPID before it is 12 weeks old unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Note— A cat or dog that is more than 12 weeks old on the commencement of this section need not be implanted with a PPID unless it is supplied. See section 43Y. (2) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove— (a) there is a signed veterinary surgeon's certificate for the cat or dog stating that implanting it with a PPID is likely to be a serious risk to the health of the cat or dog; or (b) for a dog, the ownership is to use it as— (i) a government entity dog; or (ii) a working dog; or (iii) another class of dog prescribed under a regulation. 15 [Repealed] 16 Notice of changed PPID information (1) This section applies if PPID information for a cat or dog changes (the changed information). (2) The owner of the cat or dog must, within 7 days, give notice of the changed information to a licence holder unless the person has a reasonable excuse. Maximum penalty—5 penalty units. Note— The licence holder must electronically update the information within 7 days after receiving it. See section 36(2). Division 2 [Repealed] 17 [Repealed] 18 [Repealed] 19 [Repealed] 20 [Repealed] Division 3 Implanting PPIDs Subdivision 1 General restriction 21 Only authorised implanter may implant PPID A person, other than an authorised implanter, must not implant a PPID in a cat or dog. Maximum penalty—100 penalty units. Subdivision 2 Requirements for authorised implanters 22 Electronic identification device that is not a PPID must not be implanted An authorised implanter must not implant an electronic identification device that is not a PPID into a cat or dog. Maximum penalty—60 penalty units. 23 Requirements for PPID Before an authorised implanter implants a PPID in a cat or dog, the authorised implanter must ensure the PPID— (a) stores the unique identification number for the PPID; and (b) complies with the requirements prescribed under a regulation. Maximum penalty—40 penalty units. 24 Age restriction for implanting PPID (1) An authorised implanter must not implant a PPID in a cat or dog that is less than 8 weeks old, unless— (a) the implanter has a reasonable excuse; or (b) the implanter is a veterinary surgeon who considers implanting the PPID is not likely to be a serious risk to the health of the cat or dog; or (c) there is a signed veterinary surgeon's certificate for the cat or dog stating that implanting the PPID when it is less than 8 weeks old is not likely to be a serious risk to the health of the cat or dog. Maximum penalty—60 penalty units. (2) It is a reasonable excuse if the cat or dog's owner advised the implanter that it was 8 weeks or older. 25 PPID information must be given to licence holder (1) This section applies to an authorised implanter who implants a PPID in a cat or dog. (2) The authorised implanter must, within 7 days, give notice to a licence holder providing a PPID registry service relating to the cat or dog stating— (a) that it has been implanted with a PPID; and (b) the unique identification number for the PPID. Maximum penalty—20 penalty units. Note— See also section 37 for the identifying information or PPID information that an authorised implanter may give to particular persons. 26 PPID information must be kept (1) This section applies to an authorised implanter who has, under section 25, given notice to a licence holder. (2) The authorised implanter must keep the PPID information for the cat or dog for 1 year after the cat or dog is implanted unless the implanter has a reasonable excuse. Maximum penalty—20 penalty units. (3) It is a reasonable excuse if the PPID information is destroyed by fire, flood or storm. Subdivision 3 Regulation of authorised implanters 27 Chief executive may suspend or prohibit If the chief executive reasonably believes a ground under section 28 exists in relation to an authorised implanter, the chief executive may, by complying with sections 29 to 33, take the following action (the proposed action) against the implanter— (a) prohibit the implanter from implanting PPIDs in cats or dogs for a stated period (suspension); (b) prohibit the implanter from implanting PPIDs in cats or dogs indefinitely (prohibition). 28 Grounds for suspension or prohibition Each of the following is a ground for section 27— (a) giving the chief executive or a licence holder false or misleading information relating to the performance of functions under this Act; (b) a failure to comply with this part. 29 Show cause notice (1) The chief executive must give the implanter a notice under this section (a show cause notice). (2) The show cause notice must state— (a) the proposed action; and (b) the grounds for the proposed action; and (c) an outline of the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is suspension—the proposed suspension period; and (e) that the implanter may, within a stated period (the show cause period), make written representations to the chief executive why the proposed action should not be taken. (3) The show cause period must be a period ending at least 21 days after the show cause notice is given to the implanter. 30 Representations about show cause notice (1) The implanter may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken. (2) The chief executive must consider all representations (the accepted representations) made under subsection (1). 31 Ending show cause process without further action (1) This section applies if, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action. (2) The chief executive must not take any further action about the show cause notice. (3) The chief executive must give the implanter a notice stating that the proposed action will not be taken. 32 Suspension or prohibition (1) This section applies if— (a) there are accepted representations and, after considering them, the chief executive still believes a ground exists to take the proposed action; or (b) there are no accepted representations. (2) If the chief executive believes suspension or prohibition of the implanter is warranted, the chief executive may— (a) if the proposed action was suspension—suspend the implanter for no longer than the stated period; or (b) if the proposed action was prohibition—either prohibit the implanter or suspend the implanter for a stated period. (3) The chief executive must give an information notice for the decision to the implanter. (4) The decision takes effect on the later of the following days— (a) the day the information notice is given to the implanter; (b) the day stated in the information notice for that purpose. 33 Immediate suspension (1) The chief executive may suspend the implanter immediately if the chief executive believes— (a) a ground exists to suspend or prohibit the implanter from implanting PPIDs; and (b) it is necessary to suspend the implanter immediately because there is an immediate and serious risk of harm to the effectiveness of the identification or registration of cats or dogs under this Act. (2) The suspension— (a) must be effected by an information notice for the decision given by the chief executive to the implanter to suspend the implanter together with a show cause notice; and (b) operates immediately the notices are given; and (c) continues to operate until the earliest of the following happens— (i) the chief executive cancels the remaining period of the suspension; (ii) the show cause notice is finally dealt with; (iii) 28 days have passed since the notices were given to the implanter. Division 4 Removing PPIDs 34 PPID must not be removed or otherwise interfered with (1) A person must not remove or otherwise interfere with a PPID that is implanted in a cat or dog unless— (a) the person is a veterinary surgeon; and (b) the removal or interference is needed to address a serious risk to the health of the cat or dog. Maximum penalty—100 penalty units. (2) In this section— interfere with, a PPID, means to interfere with it in a way that causes the PPID not to work properly. Division 5 PPID registry services 35 Person must not offer or provide PPID registry service A person, other than a licence holder, must not offer or provide a PPID registry service. Maximum penalty—100 penalty units. 36 Licence holder's obligations (1) A licence holder must, for each cat or dog for which the holder is providing a PPID registry service, keep and maintain— (a) the PPID information for the cat or dog; and (b) copies of the records from which the information was obtained. Maximum penalty—180 penalty units. (2) If, under section 16, the licence holder receives a notice about changed information for the cat or dog, the holder must, within 7 days, electronically update the information in a way that reflects the change. Maximum penalty—180 penalty units. Division 6 Giving identifying information and PPID information 37 Authorised implanter may give identifying information or PPID information to particular persons An authorised implanter who has implanted a PPID in a cat or dog must not give any identifying information or PPID information for the cat or dog to another person unless— (a) the person is— (i) engaged or employed by the implanter performing functions under this Act; or (ii) a licence holder or a person engaged or employed by the holder, performing functions under this Act; or (iii) the owner of the cat or dog; or (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or (vi) an authorised person performing functions under this Act; or (b) the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog. Maximum penalty—30 penalty units. 38 Licence holder may give identifying information or PPID information to particular persons A licence holder providing a PPID registry service must not give any identifying information or PPID information for a cat or dog to another person unless— (a) the person is— (i) another licence holder or person engaged or employed by the holder, performing functions under this Act; or (ii) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or (iii) the owner of the cat or dog; or (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or (vi) an authorised person performing functions under this Act; or (b) the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog. Maximum penalty—30 penalty units. 39 Relevant local government may give identifying information to particular persons A relevant local government for a cat or dog must not give any identifying information for the cat or dog to a person unless— (a) the person is— (i) an authorised implanter or person engaged or employed by the implanter, performing functions under this Act; or (ii) a licence holder or person engaged or employed by the holder, performing functions under this Act; or (iii) the owner of the cat or dog; or (iv) the chief executive or a person engaged or employed by the chief executive to perform functions under this Act; or (v) the chief executive officer of a local government or a person engaged or employed by the local government to perform functions under this Act; or (vi) an authorised person performing functions under this Act; or (b) the owner of the cat or dog has consented to giving the information for the purposes of reuniting the owner with the cat or dog. Division 7 Pound or shelter operators 40 Operator must ensure cat or dog is scanned (1) This section applies to the operator of a pound or shelter. (2) The operator must ensure a cat or dog entering the pound or shelter is scanned, within 3 days after its entry, in a way that is likely to detect a PPID implanted in the cat or dog. Maximum penalty—30 penalty units. (3) Subsection (2) does not apply to the operator if— (a) the cat or dog behaves aggressively towards a person attempting to scan the cat or dog; and (b) the operator reasonably believes that compliance with subsection (2) may endanger the health of anyone attempting to scan the cat or dog. (4) In this section— pound or shelter includes a veterinary surgery to the extent it provides shelter for a cat or dog that is homeless, lost or stray. 41 Protection of particular persons dealing with cat or dog (1) This section applies if— (a) either— (i) a cat or dog is scanned in the way required under section 40(2) and the result of the scan shows that a PPID has not been implanted in the cat or dog; or (ii) section 40(3) applies in relation to the cat or dog; and (b) a person mentioned in section 40 or someone else (the protected person) who does not know who owns the cat or dog deals with it relying on— (i) the result of the scan; or (ii) the absence of a scan of the cat or dog because of the matters mentioned in section 40(3). (2) The protected person is not civilly liable to the owner in relation to the dealing to the extent that— (a) the dealing is adverse to the owner's rights concerning the cat or dog or may have an effect on the owner's health; and Examples— 1 giving the cat or dog away 2 destroying the cat or dog (b) apart from this section, the dealing would give rise to a right of action by the owner against the protected person. (3) Also, the protected person is not criminally liable for doing any act or making any omission in relation to the cat or dog if the act or omission could lawfully be done or omitted to be done by the owner. Part 2 Desexing tattoos 42 Desexed cat or dog must be tattooed (1) An owner of a desexed cat or dog must ensure the cat or dog is tattooed when it is desexed. Maximum penalty—20 penalty units. Note— See section 215 for circumstances in which an owner of a cat or dog does not contravene subsection (1). (2) A veterinary surgeon desexing a cat or dog must ensure it is tattooed for desexing. Maximum penalty—20 penalty units. (3) It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove the cat or dog— (a) is a cat or dog for which there is a signed veterinary surgeon's certificate stating, or other evidence, that tattooing the cat or dog is likely to be a serious risk to its health; or (b) is, or is proposed to be, a show cat or dog and tattooing it may reasonably be considered by a person acting as a judge of the cat or dog as a blemish that is detrimental to its value as a show cat or dog. (4) In this section— show cat or dog means a cat or dog participating in or being exhibited at an exhibition supervised by a body recognised for this section by the relevant local government. 43 Person must not tattoo an undesexed cat or dog A person must not tattoo an undesexed cat or dog for desexing. Maximum penalty—100 penalty units. Chapter 2A Registration of dog breeders and related matters Part 1 Preliminary 43A Definitions for chapter In this chapter— accreditation number see section 43C(1). accredited breeder, of an approved entity, see section 43B(1). approval day, for an approved entity, means the day the entity is prescribed as an approved entity under section 43W. approved entity means an entity prescribed as an approved entity under section 43W. breeder ID number, of a registered breeder, see section 43G(1)(b). designated details, of a person, means the following details— (a) the person's name; (b) the address of— (i) if the person is an individual—the person's place of residence; or (ii) if the person is a body corporate—the body corporate's place of business, head office or registered office; (c) the local government area in which— (i) if the person is an individual—the person's place of residence is located; or (ii) if the person is a body corporate—the body corporate's place of business, head office or registered office is located; (d) the person's telephone number; (e) the person's email address. ineligible person see section 43D. online breeder registration system means the online system for breeder registration and related matters on, or accessible from, the department's website. registered breeder means a person registered under part 2. registration date see section 43G(2)(c). renewal date see section 43L(2)(c). renewal fee see section 43J(2)(b)(ii). renewal notice see section 43J(1). 43B Who is an accredited breeder (1) A person is an accredited breeder, of an approved entity, if the person is accredited by the approved entity to breed dogs under an accreditation scheme conducted by the approved entity. (2) For subsection (1), it does not matter that the person is accredited before the approval day for the approved entity. (3) However, if the person is accredited before the approval day for the approved entity, the person only becomes an accredited breeder of the approved entity on the approved entity's approval day. 43C What is an accreditation number (1) An accreditation number is the unique identifying number an approved entity gives a person who is an accredited breeder of the approved entity. (2) For subsection (1), it does not matter that the unique identifying number is given before the approval day for the approved entity. (3) However, if the unique identifying number is given before the approval day for the approved entity, the number only becomes the accreditation number of the accredited breeder on the approved entity's approval day. 43D Who is an ineligible person A person is an ineligible person if— (a) the person is a child; or (b) the person is subject to— (i) a prohibition order or an interim prohibition order made under the Animal Care and Protection Act 2001; or (ii) an order made under a law of another State or the Commonwealth having the same, or substantially the same, effect as an order mentioned in subparagraph (i); or (c) the person's registration as a registered breeder has been cancelled under part 2, division 4 in the last 5 years; or (d) the person's registration, under a corresponding law, to breed dogs has been cancelled in the last 5 years. Part 2 Registration of dog breeders Division 1 Registration 43E Registration obligation (1) This section applies to a person who— (a) breeds a dog; and (b) on the day the dog is born, is not a registered breeder. (2) The person must, within 28 days after the day the dog is born, apply to be registered as a registered breeder unless the person has a reasonable excuse. Maximum penalty—50 penalty units. (3) However, a person does not commit an offence against subsection (2) if the person is— (a) an accredited breeder of an approved entity; or (b) a primary producer who has bred the dog from a working dog— (i) to use as a working dog; or (ii) to supply the dog to another primary producer to use as a working dog; or (c) a member of a class of persons prescribed by regulation. (4) Also, a person does not commit an offence against subsection (2) if the dog dies within 28 days after the day it is born. 43F Applying for registration (1) A person, other than an ineligible person, may apply to the chief executive to be registered as a registered breeder. (2) The application must be made— (a) electronically using the online breeder registration system; or (b) in the approved form. (3) Also, the application must— (a) include the designated details of the person; and (b) be accompanied by the fee prescribed by regulation. 43G Registration of person as registered breeder (1) The chief executive must, as soon as practicable after receiving an application under section 43F— (a) register the person as a registered breeder by recording the person's designated details in the breeder register; and (b) issue a unique identifying number (the breeder ID number) for the person; and (c) give the person a notice about the person's registration as a registered breeder. (2) The notice must state— (a) the designated details of the person as recorded in the breeder register; and (b) the person's breeder ID number; and (c) the date the person was registered (the registration date). 43H Period of registration A person's registration as a registered breeder ends 1 year after the registration date stated in the notice given to the person under section 43G, unless the registration is sooner cancelled under division 4. 43I No transfer of registration A person's registration as a registered breeder may not be transferred. Division 2 Renewal of registration 43J Chief executive must give renewal notice (1) The chief executive must give a registered breeder a notice (a renewal notice) to renew the breeder's registration as a registered breeder. (2) The renewal notice must— (a) be given at least 14 days before the registration ends; and (b) state— (i) the designated details of the registered breeder as recorded in the breeder register; and (ii) that the registered breeder may renew the registration by paying the fee (the renewal fee) prescribed by regulation to the chief executive; and (iii) the period for which the registration is to be renewed. 43K Applying for renewal of registration (1) The registered breeder may renew the breeder's registration, before the registration ends, by paying the renewal fee. (2) This section applies whether or not the registered breeder has been given a renewal notice. 43L Renewal of registration (1) The chief executive must, within 14 days after receiving the renewal fee, give the registered breeder a notice about the renewal of registration as a registered breeder. (2) The notice must state— (a) the designated details of the registered breeder as recorded in the breeder register; and (b) the breeder ID number of the registered breeder; and (c) the date (the renewal date) the person's registration as a registered breeder was renewed. 43M Period of renewal of registration A person's registration ends 1 year after the renewal date stated in the notice given to the person under section 43L, unless the registration is sooner cancelled under division 4. Division 3 Amendment of registration 43N Registered breeder must give chief executive changed information (1) This section applies if the designated details of a registered breeder change. (2) The registered breeder must, unless the breeder has a reasonable excuse, within 7 days after the designated details change, give the chief executive notice of the change in a way mentioned in subsection (3). Maximum penalty—50 penalty units. (3) The notice must be given— (a) electronically using the online breeder registration system; or (b) in the approved form. 43O Chief executive must record changed information and give notice of change (1) This section applies if the chief executive receives a notice, from a registered breeder, under section 43N. (2) The chief executive must— (a) as soon as practicable after receiving the notice, record the change in the designated details of the registered breeder in the breeder register; and (b) within 14 days after receiving the notice, give the registered breeder a notice stating the designated details of the registered breeder as recorded in the register. Division 4 Suspension or cancellation of registration 43P Grounds for suspension or cancellation Each of the following is a ground for suspending or cancelling a person's registration as a registered breeder— (a) the person becomes an ineligible person under section 43D(b); (b) the person was registered because of a materially false or misleading representation or declaration; (c) the person is charged with an animal welfare offence; (d) the person is charged with an offence against a law of the Commonwealth or another State if the act or omission constituting the offence would, if it happened in Queensland, be an animal welfare offence. 43Q Show cause notice (1) This section applies if the chief executive believes a ground exists under section 43P to suspend or cancel (the proposed action) a person's registration as a registered breeder. (2) The chief executive must give the person a notice (a show cause notice)— (a) stating the proposed action; and (b) stating the grounds for the proposed action; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) if the proposed action is to suspend the registration—stating the period of the proposed suspension; and (e) inviting the person, within a stated period (the show cause period), to make written representations to the chief executive about why the proposed action should not be taken. (3) The show cause period must be a period ending at least 21 days after the day the show cause notice is given to the person. 43R Representations about show cause notice (1) The person may, within the show cause period, make written representations to the chief executive about why the proposed action should not be taken. (2) The chief executive must consider all representations (the accepted representations) made under subsection (1). 43S Ending show cause process without further action If, after considering the accepted representations, the chief executive no longer believes a ground exists to take the proposed action, the chief executive— (a) must not take any further action about the show cause notice; and (b) must, as soon as practicable, give the person a notice stating the proposed action will not be taken. 43T Suspension or cancellation (1) This section applies if, after considering any accepted representations, the chief executive— (a) still believes a ground exists to take the proposed action; and (b) believes the proposed action is warranted. (2) This section also applies if there are no accepted representations. (3) The chief executive may decide to— (a) if the proposed action was to suspend the registration for a stated period—suspend the registration for not longer than the stated period; or (b) if the proposed action was to cancel the registration—cancel the registration or suspend it for a stated period. (4) The chief executive must, as soon as practicable after making the decision, give the person an information notice for the decision. (5) The decision takes effect on the later of the following days— (a) the day the information notice is given to the person; (b) the day stated in the information notice. 43U Immediate suspension (1) The chief executive may decide to suspend a person's registration as a registered breeder immediately if the chief executive believes— (a) a ground exists to take proposed action in relation to the person's registration; and (b) it is necessary to suspend the registration immediately because there is an immediate and serious risk— (i) to the welfare of dogs; or (ii) of harm to the effectiveness of the registration of persons as registered breeders under this Act. (2) The chief executive must, as soon as practicable after making the decision, give the person— (a) an information notice for the decision to suspend the registration immediately; and (b) a show cause notice in relation to the proposed action. (3) The suspension— (a) takes effect when the notices are given to the person; and (b) continues until the earliest of the following— (i) the chief executive ends the suspension; (ii) the show cause notice is finally dealt with; (iii) the day that is 28 days after the notices were given to the person. Part 3 Approved entities 43V Definition for part In this part— relevant information means— (a) for a person who becomes an accredited breeder of an approved entity— (i) the person's designated details; and (ii) the person's accreditation number; and (iii) the date the person becomes an accredited breeder of the approved entity; and (iv) the date the person's accreditation ends; or (b) for a person who ceases to be an accredited breeder of an approved entity— (i) the person's designated details; and (ii) the number that, immediately before the person ceases to be an accredited breeder of the approved entity, is the person's accreditation number; and (iii) the date the person ceases to be an accredited breeder of the approved entity. 43W Approved entity may be prescribed (1) A regulation may prescribe an entity as an approved entity. (2) The Minister may recommend the making of a regulation under subsection (1) only if the Minister is satisfied— (a) the entity conducts an accreditation scheme for persons who breed dogs; and (b) the entity gives a unique identifying number to each person accredited under the accreditation scheme; and (c) the accreditation scheme requires a person accredited under the scheme, within 7 days after the designated details of the person change, to give the entity notice of the change; and (d) if the entity is prescribed as an approved entity, the entity would be able and willing to give the chief executive— (i) the relevant information for each person who becomes an accredited breeder of the approved entity, within 7 days after the person is accredited; and Note— See section 43B for when a person becomes an accredited breeder of an approved entity. (ii) the relevant information for each person who ceases to be an accredited breeder of the approved entity, within 7 days after the cessation; and (iii) notice of a change in the designated details of an accredited breeder of the approved entity, within 7 days after the day the breeder gives the entity notice of the change; and (iv) any other information about a person mentioned in subparagraph (i), (ii) or (iii) requested by the chief executive to help monitor or enforce compliance with this Act. Chapter 2B Supply of cats and dogs Part 1 Preliminary 43X What is a dog's relevant supply number (1) The relevant supply number is— (a) for a dog bred by a person who is a registered breeder—the person's breeder ID number; or (b) for a dog bred by a person who applies for registration as a registered breeder within 28 days after the day the dog is born and who is registered as a registered breeder—the person's breeder ID number. (2) However, if a dog is bred by a registered breeder while the breeder's registration is suspended under chapter 2A, part 2, division 4, the dog is taken not to have a relevant supply number. (3) The relevant supply number for a dog bred by a person who is an accredited breeder of an approved entity is the person's accreditation number. (4) The relevant supply number for a dog bred by a person who is a recognised interstate breeder is the unique number that identifies the person as a recognised interstate breeder. (5) The exemption number issued under part 5 for a dog is the relevant supply number for the dog. (6) The breeder ID number of a pound or shelter is the relevant supply number for a dog impounded, or being provided shelter, by the pound or shelter if, when the dog entered the pound or shelter, there was no relevant supply number for the dog. (7) In this section— recognised interstate breeder means a person registered, however described, under a corresponding law to breed dogs. shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray. Part 2 Requirement for cat or dog to be implanted 43Y Supplier must ensure cat or dog is implanted (1) A person must not, without reasonable excuse, supply a cat or dog to anyone else if it is not implanted with a PPID. Maximum penalty—20 penalty units. (2) It is not a reasonable excuse for subsection (1) that the cat or dog is less than 8 weeks old. Note— See section 24 for restrictions on implanting a PPID in a cat or dog that is less than 8 weeks old. (3) In a proceeding for an offence against subsection (1) relating to the supply of a cat, it is a defence for the defendant to prove that, when the cat was supplied— (a) the cat was at least 8 weeks old; and (b) there was a veterinary surgeon's certificate for the cat. (4) In a proceeding for an offence against subsection (1) relating to the supply of a dog, it is a defence for the defendant to prove— (a) when the dog was supplied— (i) the dog was at least 8 weeks old; and (ii) there was a veterinary surgeon's certificate for the dog; and (iii) the defendant gave the person to whom the dog was supplied a copy of the veterinary surgeon's certificate for the dog; or (b) the supply of the dog was to use it— (i) as a government entity dog; or (ii) as a working dog; or (iii) for another purpose prescribed by regulation. (5) In this section— veterinary surgeon's certificate, for a cat or dog, means a certificate signed by a veterinary surgeon stating that implanting the cat or dog with a PPID is likely to be a serious risk to the health of the cat or dog. Part 3 Requirement for relevant supply number for dog 43Z Supplier must know dog has relevant supply number A person must not, without reasonable excuse, supply a dog to another person unless the person knows— (a) there is a relevant supply number for the dog; and (b) the PPID information kept for the dog under section 36 includes the relevant supply number. Note— Under section 38, the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog. Maximum penalty—50 penalty units. 43ZA Exceptions for supply of dog (1) A person does not commit an offence against section 43Z if the dog is supplied in any of the following circumstances— (a) the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog; (b) the dog is supplied by a member of a class of persons prescribed under section 43E(3)(c); (c) the dog is supplied to a pound or shelter. (2) Also, if the dog is not required under section 43Y(1) to be implanted with a PPID for the supply, a person does not commit an offence against section 43Z only because the person does not know the matter mentioned in section 43Z(b). (3) In this section— shelter includes a veterinary surgery to the extent it provides shelter for a dog that is homeless, lost or stray. 43ZB Advertiser must know dog has relevant supply number A person must not, without reasonable excuse, advertise a dog for supply unless the person knows— (a) there is a relevant supply number for the dog; and (b) the PPID information kept for the dog under section 36 includes the relevant supply number. Note— Under section 38, the PPID information for a dog may be disclosed to the owner of the dog by a licence holder providing a PPID registry service for the dog. Maximum penalty—50 penalty units. 43ZC Advertisement must include relevant supply number A person who advertises a dog for supply must include the relevant supply number for the dog in the advertisement unless the person has a reasonable excuse. Maximum penalty—50 penalty units. 43ZD Exceptions for advertising supply of dog (1) A person does not commit an offence against section 43ZB or 43ZC if the dog is advertised for supply in either of the following circumstances— (a) the dog is bred, by a primary producer, from a working dog and is advertised for supply only to another primary producer to use as a working dog; (b) the dog is advertised for supply by a member of a class of persons prescribed under section 43E(3)(c). (2) Also, a person does not commit an offence against section 43ZB only because the person does not know the matter mentioned in section 43ZB(b) if— (a) the dog is at least 8 weeks old and there is a veterinary surgeon's certificate for the dog; or (b) the dog is advertised for supply only— (i) as a government entity dog; or (ii) as a working dog; or (iii) for another purpose prescribed by regulation. 43ZE Printer or publisher not liable in particular circumstances A person does not commit an offence against section 43ZB or 43ZC merely because the person, as part of the person's printing or publishing business, prints or publishes an advertisement for another person. Part 4 Requirement to give particular details and form 43ZF Supplier of dog must give particular details and form (1) A person who supplies a dog to another person must, unless the person has a reasonable excuse, give the other person— (a) a notice stating— (i) the name of the supplier of the dog; and (ii) the relevant supply number for the dog; and (b) a change of ownership form that is completed and signed by the supplier of the dog. Maximum penalty—50 penalty units. (2) However, a person does not commit an offence against subsection (1) only because the person fails to comply with subsection (1)(a)(ii) if the dog is supplied in any of the following circumstances— (a) the dog is bred, by a primary producer, from a working dog and supplied to another primary producer to use as a working dog; (b) the dog is supplied by a member of a class of persons prescribed under section 43E(3)(c); (c) the dog is supplied to a pound or shelter. (3) In this section— change of ownership form, for a dog, means a form (however called), prepared by the relevant PPID registry service for the dog, that records details about the supply of the dog from one person to another person including, for example, the PPID number for the dog. supplier, of a dog, means— (a) if the dog is supplied as part of a business activity that includes the supply of dogs—the person who conducts the business activity; or (b) otherwise—the person who supplies the dog. Part 5 Exemption numbers for supply of dogs Division 1 Preliminary 43ZG Eligible person—primary producer (1) A person is an eligible person in relation to a dog if— (a) the dog— (i) was bred, by a primary producer, from a working dog; and (ii) was supplied to the person, when the person was a primary producer, to use as a working dog; and (b) the person proposes to supply the dog to another person— (i) who is not a primary producer; or (ii) other than to use as a working dog. (2) For subsection (1), it is irrelevant whether— (a) the dog was supplied to the person by the primary producer who bred the dog or another person; or (b) the person proposing to supply the dog is still a primary producer. 43ZH Eligible person—prescribed person A person is also an eligible person in relation to a dog if— (a) the dog was bred and supplied to the person by a member of a class of persons prescribed under section 43E(3)(c); and (b) the person proposes to supply the dog to another person. 43ZI Eligible person—owner or responsible person A person is also an eligible person in relation to a dog if the person— (a) is the owner of, or responsible person for, the dog; and (b) did not breed the dog; and (c) does not conduct a business activity that includes the supply of dogs. Division 2 Applications for exemption numbers 43ZJ Applying for exemption number (1) A person who is an eligible person in relation to a dog may apply to the chief executive for an exemption number for the dog. (2) The application must be made— (a) electronically using the online breeder registration system; or (b) in the approved form. (3) The application must— (a) include enough information to enable the chief executive to decide the application; and (b) be accompanied by the fee prescribed by regulation. 43ZK Deciding application (1) The chief executive must decide to approve, or refuse to approve, the application. (2) The chief executive must decide to refuse to approve the application if satisfied the applicant is not an eligible person in relation to the dog. (3) If the chief executive decides to refuse to approve the application, the chief executive must give the applicant an information notice for the decision. 43ZL Failure to decide application (1) If the chief executive fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to approve the application. (2) If the chief executive is taken to have decided to refuse to approve the application, the applicant is entitled to be given an information notice for the decision by the chief executive. 43ZM Chief executive must issue exemption number If the chief executive decides to approve the application, the chief executive must, as soon as practicable after making the decision— (a) issue a unique identifying number (an exemption number) for the dog; and (b) give the applicant a notice stating the exemption number. Chapter 3 Dog registration Part 1 Particular person's obligations 44 Registration obligation (1) This section does not apply to— (a) the operator of a pound or shelter; or Note— However, the operator of a pound or shelter may be required under section 43E to apply to be registered as a registered breeder. (b) the owner of a dog less than 12 weeks old. (2) An owner of a dog must comply with section 46 to register the dog in the relevant local government's area within 14 days after starting to keep the dog in the area unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) A person who becomes an owner of a dog must comply with section 46 to register the dog in the relevant local government's area within 14 days unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (4) It is a defence to a prosecution for an offence against subsection (2) or (3) for the defendant to prove the dog is— (a) a government entity dog; or (b) a working dog; or (c) another class of dog prescribed under a regulation. 45 Dog must bear identification in particular circumstances (1) This section applies if a dog, other than a regulated dog, is at a place other than the address stated in the registration notice for the dog. (2) The person who keeps the dog must ensure it bears the identification prescribed under a local law unless the person has a reasonable excuse. Maximum penalty—20 penalty units. Note— See chapter 4, part 5 for conditions applying in relation to regulated dogs. Part 2 How dog is registered 46 What owner must do To register a dog with the relevant local government for the dog, the owner of the dog must— (a) give the local government a registration form for it that complies with section 47; and (b) ensure the registration form is accompanied by— (i) the registration fee for the dog; and (ii) if it is desexed—a signed veterinary surgeon's certificate stating, or other evidence, that it has been desexed; and (c) if a notice is given to the owner under section 48(2)—give the chief executive officer of the local government any other information or documents required to be given in the notice. 47 What registration form must state (1) A registration form for the registration of a dog in the relevant local government's area, must— (a) be in the approved form; and (b) state all of the following information about its owner— (i) name; (ii) residential address; (iii) contact telephone number; (iv) email address, if any; and (c) state all of the following information about the dog— (i) age; (ii) breed; (iii) colour; (iv) sex; (v) any other noticeable distinguishing features or marks; (vi) address; (vii) if it is implanted with a PPID, the unique identification number stored on the PPID; (viii) if it is desexed—that it has been desexed; (ix) if the dog is a regulated dog—whether the dog is a declared dangerous dog or a declared menacing dog. (2) In this section— address, for a dog, means the address of the place where the dog is usually kept or is proposed to be kept. 48 Chief executive officer may ask for further information (1) This section applies if the owner of a dog gives the relevant local government for the dog— (a) a registration form under section 46; or (b) a notice mentioned in section 54(3) or 57(2). (2) The chief executive officer of the local government may, by notice, require the owner to give other information or documents reasonably required to register the dog. (3) The notice must state a reasonable period of at least 14 days to comply with the notice. 49 Relevant local government must give registration notice (1) This section applies if an owner of a dog complies with section 46 for the dog. (2) The relevant local government for the dog must give its owner notice (the registration notice) that the dog has been registered by the local government. (3) The registration notice must— (a) be given to the owner within 14 days after the dog is registered in the local government's area; and (b) state— (i) the information, for the owner and the dog, required to be given under sections 47 and 48(2); and (ii) the period of the registration; and (c) be accompanied by any registration device for the dog; and (d) include any other information prescribed under a regulation. 50 Duration of registration (1) Registration of a dog is for the period of years fixed by resolution of the relevant local government for the dog. (2) However, the period must not be more than 3 years. 51 Local government must keep registration form and information A local government giving a registration notice to the owner of a dog must— (a) keep the registration form and other information about the dog given to it by the owner; and (b) if the information must be recorded in a register kept by the chief executive officer of the local government— within 7 days, record the information in the appropriate register. 52 Registration fee must be fixed to give desexing incentive (1) This section applies to a relevant local government in fixing the registration fee for a dog usually kept or proposed to be kept in the local government's area. (2) The local government must fix the fee to give the owner of the dog an incentive to desex it. Example of an incentive to desex a dog— fixing a lower registration fee for a dog that is desexed (3) In this section— dog means a dog other than a declared dangerous dog. Note— See section 70 in relation to the compulsory desexing of declared dangerous dogs. 53 Registration fee to be used for achievement of Act's purposes A registration fee paid to a local government must be used— (a) for the purposes of this Act; and (b) to administer local laws relating to the management of dogs. Part 3 Amendment of registration 54 Amendment of registration (1) This section applies if any information stated on the registration notice for a dog changes (the changed information). (2) However, this section does not apply if the changed information is a change of residential address for an owner of a regulated dog mentioned in schedule 1, section 8. (3) The owner of the dog must, within 7 days, give the relevant local government notice of the changed information. Maximum penalty—5 penalty units. (4) The notice must be— (a) in the approved form; and (b) accompanied by other information or documents to enable the relevant local government to record the changed information in the appropriate register. 55 Relevant local government must give notice of change (1) This section applies if the chief executive officer of the relevant local government for a dog is given a notice under section 54(3). (2) The chief executive officer may ask the owner of the dog for other information or documents in the way mentioned in section 48. (3) The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48(2). Maximum penalty—5 penalty units. (4) If the owner complies with subsection (3), the chief executive officer must— (a) within 7 days after receiving a notice mentioned in section 54(3) or other information or document given under section 48, ensure the information is updated in the appropriate register in a way that reflects the change; and (b) within 14 days after receiving the notice, ensure the owner is given a notice for the dog that includes the changed information mentioned in section 54. Part 4 Renewal of registration 56 Relevant local government must give renewal notice (1) The chief executive officer of the relevant local government for a dog must give its owner notice (the renewal notice) to renew the registration for the dog. (2) The renewal notice must— (a) be given at least 14 days before the period of registration in the local government's area for the dog expires; and (b) state— (i) the information, for the owner and the dog, stated in the general register for the dog; and (ii) the period of renewal of registration; and (iii) that the owner must, within 7 days, give the chief executive officer notice of any change to the information; and (c) include any other information prescribed under a regulation. 57 What owner must do (1) This section applies to the owner of a dog whether or not the owner has been given a renewal notice. (2) The owner of the dog must, before the period of registration for the dog expires— (a) if any information on the renewal notice has changed—give the local government notice of the change (the changed information); and (b) pay the registration fee for the dog; and (c) if it is desexed—ensure the fee is accompanied by a signed veterinary surgeon's certificate stating, or other evidence, that it has been desexed. Maximum penalty—20 penalty units. (3) However, if a registration form for a dog in the relevant local government's area has already been accompanied by the certificate or evidence mentioned in subsection (2) for the dog, the certificate or evidence need not accompany the fee. 58 Relevant local government's obligations if owner complies (1) This section applies if the owner of a dog given a renewal notice under section 56 complies with section 57 for the dog. (2) The chief executive officer of the local government may ask the owner for other information or documents in the way mentioned in section 48. (3) The owner must give the chief executive officer the information or documents required to be given in the notice mentioned in section 48(2). Maximum penalty—5 penalty units. (4) If the owner complies with subsection (3), the chief executive officer must— (a) within 7 days after receiving the notice mentioned in section 57(2), ensure the information is updated in the appropriate register in a way that reflects the change; and (b) within 14 days after receiving the fee, any information or documents mentioned in section 57(2) or other information or documents giv