Western Australia: Dog Act 1976 (WA)

Western Australia Dog Act 1976 Western Australia Dog Act 1976 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 6. Application 1 7. Dogs to be registered 1 8. Assistance dogs 1 Part II — Administration 9. Administrative responsibility 1 9A. Delegation by CEO 1 9B. Designated persons 1 10. Dogs not kept in district 1 10AA. Delegation of local government powers and duties 1 10AB. Register of, and review of, delegations 1 10A. Payments to veterinarians towards cost of sterilisation 1 11. Staff and services 1 11A. Authorised persons 1 12. Joint jurisdiction 1 12A. Entry of premises 1 13. Immunity of persons acting in good faith 1 13A. Centralised registration system 1 13B. Dog owner numbers 1 Part III — Registration and identification Division 1 — Registration 14. Register of dogs 1 15. Registration periods and fees 1 16. Registration procedure 1 16AA. Owner's delegate 1 16A. Change of ownership 1 17A. If no application for registration made 1 17. Refusal or cancellation of registration 1 18. Registration tags 1 19. Refund of fee on cancellation 1 20. Offences relating to registration etc. 1 Division 2 — Microchipping 21. Microchipping of dogs other than dangerous dogs 1 22. Microchipping of dangerous dogs 1 23. Notice to be given of microchip information 1 24. Microchip implanter to give information to microchip database company 1 25. Microchip database company's obligations 1 26A. Interference with microchips 1 26B. Transfer of ownership of unmicrochipped dogs 1 26C. Transfer of ownership of microchipped dogs 1 Division 3 — Changes to recorded information 26D. Notice to be given of changes to recorded information 1 Part V — The keeping of dogs 26. Limitation as to numbers 1 27. Licensing of approved kennel establishments 1 Part VI — Control of dogs Division 1 — Dogs generally 28. Obligation to identify dog's owner 1 29. Power to seize dogs 1 30A. Operator of dog management facility may have dog microchipped at owner's expense 1 30. Dogs to wear collars, registration tags etc. 1 31. Control of dogs in certain public places 1 32. Control of dogs in exercise areas and rural areas 1 33. Special provision for greyhounds 1 33A. Control of dogs in places that are not public 1 33B. Defences applicable to offences under this Division 1 33C. Saving 1 33D. Dog attacks etc. 1 Division 2 — Dangerous dogs 33E. Individual dog may be declared to be dangerous dog (declared) 1 33F. Owner to be notified of making of declaration 1 33GA. Offences relating to dangerous dogs 1 33GB. Dangerous dogs (restricted breed) to be sterilised 1 33GC. Restrictions on transferring ownership of dangerous dogs (restricted breed) 1 33GD. Dangerous dogs (restricted breed) not to be bred 1 33GE. Prohibition on transfer of ownership of dangerous dogs (declared) to persons under 18 1 33G. Seizure and destruction 1 33H. Local government may revoke declaration or proposal to destroy 1 33I. Jurisdiction of State Administrative Tribunal 1 33J. Duration of declaration 1 33K. Duty to notify persons 1 33L. Defences applicable to this Division 1 33M. Local government expenses to be recoverable 1 Division 3 — Protection of stock; vermin disease and parasite control 34. Protection of livestock 1 35. Destruction of vermin etc. 1 Division 4 — Control of nuisance 38. Nuisance dogs 1 Part VIA — Pet shops and supply of dogs to relevant pet shop businesses Division 1 — Preliminary 38A. Supply of dogs to relevant pet shop businesses 1 Division 2 — Approval of pet shop for relevant pet shop business 38B. Pet shop for relevant pet shop business must be approved 1 38C. Application for pet shop approval 1 38D. Pet shop approval 1 38E. Cancellation of pet shop approval 1 38F. Continuation of pet shop approval until application for renewal decided 1 Division 3 — Obligations of person conducting relevant pet shop business 38G. Relevant pet shop business only to supply dogs obtained from holder of dog supply approval 1 38H. Pet shop to display certificate of registration 1 38I. Person conducting relevant pet shop business to provide certain information 1 38J. Person conducting relevant pet shop business to provide copy of health certificate 1 38K. Person conducting relevant pet shop business to keep records relating to source of dogs 1 38L. Person conducting relevant pet shop business to provide information to local government 1 38M. Self‑incrimination 1 Division 4 — Dog supply approval 38N. Only holder of dog supply approval may supply dogs to relevant pet shop businesses 1 38O. Person conducting refuge operations or operating dog management facility may apply for dog supply approval 1 38P. Dog supply approval 1 38Q. Cancellation of dog supply approval 1 38R. Notice of certain decisions made under this Division 1 38S. Record of dog supply approval 1 38T. Notice of change to information 1 38U. Certificate and unique number to be given to holder of dog supply approval 1 Division 5 — Obligations of holder of dog supply approval 38V. Holder of dog supply approval to keep records 1 38W. Holder of dog supply approval to provide information to CEO 1 38X. Holder of dog supply approval to provide information to local government 1 38Y. Self‑incrimination 1 Part VII — Enforcement 39. Dogs causing injury or damage may be destroyed 1 40. Destruction of dogs etc. 1 41. Indemnity as to destruction of dogs 1 43. Offences relating to enforcement etc. 1 43AA. False or misleading information 1 43A. Name and address to be supplied 1 43B. General powers of relevant persons 1 44. Enforcement proceedings 1 45. Evidentiary provisions 1 45A. Modified penalties 1 46A. Order to attend dog training course, ban on owning or keeping dogs 1 Part VIII — Civil remedies, etc. 46. Damages 1 47. Veterinary service expenses recoverable from local government 1 Part IX — Local laws 48. Regulations to operate as local laws 1 49. Local laws 1 49A. Model local laws 1 49B. Governor may amend or repeal local laws 1 50. General provisions relating to regulations and local laws 1 51. Local law making powers 1 52. Revocation of local laws 1 Part X — Miscellaneous Division 1 — Regulations 54. Regulations generally 1 Division 2 — Local government approvals Subdivision 1 — Applications for approval 54A. Applications 1 54B. Record of approval 1 54C. Notice of change to information 1 54D. Certificate and unique number to be given to holder of approval 1 Subdivision 2 — Objection and review process 54E. Notice of certain decisions made by local government 1 54F. Objection may be lodged 1 54G. Dealing with objection 1 54H. Review of decisions 1 54I. Suspension of effect of some decisions 1 Part XI — Transitional provisions Division 1 — Transitional provisions for the Dog Amendment Act 2013 55. Application of Interpretation Act 1984 1 56. Authorisations in relation to assistance dogs 1 57. Registration procedure 1 58. Detained dogs 1 59. Dogs declared to be dangerous dogs 1 60. Transitional regulations 1 Division 2 — Transitional provision for the Local Government Legislation Amendment Act 2019 61. Authorised persons 1 Division 3 — Transitional provisions for the Dog Amendment (Stop Puppy Farming) Act 2021 62. Transitional provision for centralised registration system 1 63. Registered unsterilised dogs 1 64. Application for registration 1 65. Transition period for relevant pet shop businesses 1 Notes Compilation table 1 Editorial changes table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Dog Act 1976 An Act to amend and consolidate the law relating to the control and registration of dogs, the ownership, breeding and keeping of dogs, the supply of dogs to and by relevant pet shop businesses and the obligations and rights of persons in relation thereto, and for incidental and other purposes. [Long title amended: No. 29 of 2021 s. 6.] Part I — Preliminary 1. Short title This Act may be cited as the Dog Act 1976. 2. Commencement (1) Except as provided in subsection (2), this Act, or this Act less such provisions as are specified in any such proclamation, shall come into operation on a date to be fixed by proclamation. (2) The Governor may, by proclamation made pursuant to subsection (1) or by any subsequent proclamation, fix a date for the coming into operation of any provision of this Act on a date other than the date fixed in relation to the provisions of the Act generally. 3. Terms used (1) In this Act, unless the context otherwise requires — approval to breed has the meaning given in section 26I(1); attack, in relation to the behaviour of a dog, does not include behaviour which was an immediate response to, and was induced by, provocation, but includes — (a) aggressively rushing at or harassing any person or animal; or (b) biting, or otherwise causing physical injury to, a person or an animal; or (c) tearing clothing on, or otherwise causing damage to the property of, the person attacked; or (d) attempting to attack, or behaving in such a manner toward a person as would cause a reasonable person to fear physical injury, unless the owner establishes that the behaviour was justified by a reasonable cause; authorised person means — (a) a person appointed under the Local Government Act 1995 section 9.10(2) to be an authorised person for the purposes of this Act; or (b) a person designated as an authorised officer under the Public Health Act 2016 section 24(1) for the purposes of this Act; centralised registration system has the meaning given in section 13A(1); CEO means the chief executive officer of the Department; commercial security dog means a dog that is kept primarily for the purpose of guarding or protecting premises that are not dwellings and that are not the premises of the dog's owner, whether or not accompanied by a dog handler; convicted person means a person who has, within the previous 5 years, been convicted of — (a) an offence against — (i) this Act; or (ii) the Cat Act 2011; or (iii) the Animal Welfare Act 2002; or (b) an offence against a law of the Commonwealth, another State or a Territory that is substantially the same as an offence referred to in paragraph (a); dangerous dog means a dog that is — (a) a dangerous dog (declared); or (b) a dangerous dog (restricted breed); or (c) a commercial security dog; dangerous dog (declared) means an individual dog that under section 33E(1) is declared to be a dangerous dog (declared); dangerous dog (restricted breed) means a dog that — (a) is of a breed prescribed by the regulations to be a restricted breed; or (b) is a mix of 2 or more breeds, one being a breed prescribed by the regulations to be a restricted breed; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; designated person has the meaning given in section 9B(1); district means an area of the State that has been declared to be a district under the Local Government Act 1995, and includes for certain purposes provided for in this Act other areas which although not being within the boundaries of a district are regarded for those purposes as being part of the district; dog management facility means — (a) a facility operated by a local government that is, or may be, used for keeping dogs; or (b) a facility for keeping dogs that is operated by a person or body prescribed; or (c) a facility for keeping dogs that is operated by a person or body approved in writing by a local government; dog owner number has the meaning given in section 13B(1); dog supply approval has the meaning given in section 38O(1); dwelling means a place or a part of a place that is ordinarily used for human habitation and it does not matter that it is from time to time uninhabited; effectively confined — (a) in relation to keeping a dog in premises comprising a mobile home, means the mobile home is designed and constructed in a way that enables an occupant to prevent the dog from escaping the mobile home; and (b) in relation to keeping a dog in or at other premises, or in any outdoor area of those premises, means the premises or area is bounded by a fence or barrier of a standard sufficient to prevent the dog from escaping; health certificate has the meaning given in section 38N(2)(a); metropolitan region has the meaning given to that term in the Planning and Development Act 2005 section 4; microchip means an identification device of a prescribed type that — (a) is capable of being implanted in a dog; and (b) is designed to record information in a way that can be electronically retrieved; microchip database means a database — (a) of records containing information about a dog (which may include information about its breeder or its owner); and (b) kept by a microchip database company; microchip database company means — (a) a person or body — (i) that keeps a microchip database; and (ii) that is prescribed as a microchip database company for the purposes of this definition; and (b) in relation to a particular dog, means the microchip database company that keeps, or has agreed to keep, records containing information about that dog; microchip implanter means — (a) a prescribed person; or (b) a person holding the prescribed qualifications for a microchip implanter; microchipped means implanted with a microchip in a prescribed manner; mobile home means a caravan or campervan — (a) that is ordinarily used for human habitation; and (b) that is permanently or semi‑permanently stationary in a single location; non‑profit organisation means a body corporate, society, club or association formed otherwise than for the purpose of profit or gain to its individual members; offer, in relation to transfer of ownership, sale or supply, includes advertise, expose or display for transfer of ownership, sale or supply; owner in relation to a dog means — (a) the person by whom the dog is ordinarily kept; or (b) a person who is deemed by subsection (2) to be the owner of the dog; owner's delegate, in relation to a registered owner, means a person appointed under section 16AA as the dog owner's delegate; person liable for the control of the dog means each of the following — (a) the registered owner of the dog; or (b) the owner of the dog; or (c) the occupier of any premises where the dog is ordinarily kept or ordinarily permitted to live; or (d) a person who has the dog in his possession or under his control, but does not include — (e) a veterinarian, or a person acting on a veterinarian's behalf, in the course of the veterinarian's professional practice; or (f) a police officer or other person acting under a statutory duty or in the administration of this Act; pet shop, in relation to a relevant pet shop business, means the shop at, in or from which the relevant pet shop business is conducted; pet shop approval has the meaning given in section 38C(1)(a); pet shop certificate means a certificate given under section 54D to a person who holds a pet shop approval; pet shop number has the meaning given in section 54D(1)(b); police officer means a person appointed — (a) under the Police Act 1892 Part I to be a member of the Police Force of Western Australia; or (b) under the Police Act 1892 section 35 to be a special constable; or (c) under the Police Act 1892 section 38B(1) to be an Aboriginal police liaison officer; premises shall, for the purpose of determining who is the occupier, be taken to refer to any land or building, or part of any land or building, that is or is intended to be occupied as a separate residence from any adjacent tenement, and includes a mobile home; prescribed means prescribed under regulations made under this Act; provocation, in relation to the behaviour of a dog, includes — (a) on the part of a person, other than a person liable for the control of the dog — (i) any teasing, tormenting, or abuse of the dog; or (ii) any assault on, or act of cruelty towards, the dog; or (iii) entry without lawful excuse on any land or premises of which the owner of the dog is an occupier or where the dog is ordinarily kept; or (iv) any intrusion into or upon any vehicle in or on which the dog is present; or (v) any threat to, or attack upon, another person or animal towards whom the dog could reasonably be expected to be protective; or (b) on the part of another animal — (i) an attack on the dog made by any other animal; or (ii) the entry of that other animal on any land or premises of which the owner of the dog is an occupier or where the dog is ordinarily kept; or (iii) any threat to, or attack upon, another person or animal towards whom the dog could reasonably be expected to be protective, but does not include an intentional provocation of the dog by a person liable for the control of the dog; public place means any place to which the public may lawfully have access; refuge operations means operations conducted by a non‑profit organisation for the purposes of providing temporary shelter or care to, and finding suitable homes for, stray, abandoned, seized or surrendered dogs; registered owner means the person in whose name the dog is registered under this Act; registration officer means a person authorised by the local government to effect the registration of dogs pursuant to this Act; relevant pet shop business — (a) means a business, or a part of a business, that is conducted at, in or from a shop and involves supplying, or offering to supply, dogs; but (b) does not include — (i) refuge operations; or (ii) operations conducted at, in or from a dog management facility by the operator of the dog management facility; or (iii) a business, or a part of a business, of a prescribed class; scan means to scan in a manner that enables a microchip to be detected and the information recorded to be electronically retrieved; shop means a shop that is open to the public generally at specified times or otherwise on a regular basis; sterilised has the meaning given in subsection (1A); supply includes — (a) sell, trade, give away, take consideration for; and (b) agree to supply, or cause or permit a supply; townsite means — (a) land constituted, defined, or reserved as the site of a town or village under the Land Administration Act 1997; and (b) land subdivided or laid out as the site for a townsite, township, or village, in accordance with the subdivisional plan, lodged with the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5 or with the department principally assisting in the administration of the Land Administration Act 1997; and [(c) deleted] (d) land within a town or city under the Local Government Act 1995 that is outside the metropolitan region; transfer, in relation to ownership of a dog, includes — (a) sell, trade, give away, take consideration for and transfer ownership of; and (b) to reclaim from a dog management facility; vehicle means — (a) any thing capable of transporting people or things by air, road, rail or water, irrespective of whether the thing is permanently or semi‑permanently stationary, other than a mobile home; or (b) a caravan or campervan that is reasonably suspected not to be permanently or semi‑permanently stationary in a single location, and it does not matter how the thing, caravan or campervan is moved or propelled; veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3; working, in relation to a commercial security dog, means guarding or protecting premises that are not dwellings and that are not the premises of the dog's owner. (1A) For the purposes of this Act, a dog is sterilised if the dog has been made permanently infertile. (2) A person who is shown in the register maintained by a local government under this Act as being the last person recorded by the local government as the registered owner of a dog is deemed to be the owner of that dog, whether or not the registration in his name continues in force, unless he proves that he is not the owner of the dog. (3) In the case of a dog that is not registered, but is microchipped, a person whose name is recorded as the owner of the dog in a microchip database is to be taken, in the absence of evidence to the contrary, to be a person by whom the dog is ordinarily kept. [Section 3 amended: No. 23 of 1987 s. 4; No. 14 of 1996 s. 4; No. 24 of 1996 s. 4; No. 81 of 1996 s. 153(1); No. 31 of 1997 s. 141; No. 10 of 1998 s. 29(1); No. 38 of 2005 s. 15; No. 60 of 2006 s. 132; No. 18 of 2013 s. 4; No. 19 of 2016 s. 130; No. 16 of 2019 s. 106; No. 19 of 2021 s. 230(2)‑(4); No. 29 of 2021 s. 8(1)-(7).] [4. Deleted: No. 23 of 1987 s. 5.] [5. Omitted under the Reprints Act 1984 s. 7(4)(f) and (g).] 6. Application (1) Subject to subsection (4), the provisions of this Act apply generally to all dogs, whether sterilised or unsterilised, and of whatever age. (2) Subject to subsection (3), this Act applies subject to the Highways (Liability for Straying Animals) Act 1983, so that, where a provision of that Act is inconsistent with a provision of this Act, the provision of that Act prevails and the provision of this Act is inoperative to the extent of the inconsistency. (3) Subsection (2) does not prevent or in any way affect the liability of — (a) the owner; or (b) a person deemed under section 46(5) to be the owner, of a dog in respect of — (c) injury to any person or animal inflicted by the dog; or (d) damage to the clothing or other property of a person caused by the dog, in the course of an attack by that dog on a highway. (4) The provisions of this Act do not apply to or in relation to a dog that is kept for the purposes of the Crown. (5) Notwithstanding anything in this Act or any other written law, a person who is a public officer is not guilty of an offence by reason only that the person takes a dog into a place in the performance of the person's functions as a public officer. (6) In subsection (5) — public officer means — (a) a police officer; or (b) a prison officer as defined in the Prisons Act 1981 section 3(1); or (c) a contract worker as defined in the Prisons Act 1981 section 15A; or (d) a member of — (i) the armed forces of the Commonwealth; or (ii) the Australian Federal Police; or (iii) the Australian Quarantine and Inspection Service; or (iv) the Australian Customs Service; or (e) a person of a prescribed class. [Section 6 amended: No. 64 of 1983 s. 3; No. 23 of 1987 s. 6; No. 24 of 1996 s. 5; No. 10 of 1998 s. 29(2); No. 18 of 2013 s. 5.] 7. Dogs to be registered (1) Subject to subsections (1a) and (3), if a dog is not registered under this Act or the law of another State or a Territory each of the following persons commits an offence — (a) the owner of the dog; (b) if the dog is ordinarily kept or permitted to live in or at premises in Western Australia, the occupier of the premises. Penalty for this subsection: (a) for an offence relating to a dangerous dog, a fine of $10 000; (b) for an offence relating to a dog other than a dangerous dog, a fine of $5 000. (1a) It is a defence for an occupier referred to in subsection (1) against whom proceedings are brought for a contravention of that subsection to prove that a person over the age of 18 (whom he shall identify) was the owner of the dog at the time of the contravention. (2) Where a person is convicted of an offence against subsection (1) the court shall, in addition to any penalty it may impose, order payment by that person of the registration fee which should have been paid and the amount of that fee shall be recoverable in the like manner as that in which the penalty for the offence may be recovered. (3) The provisions of this section do not apply to — (a) a dog under the age of 3 months; or (aa) a dog kept during any period allowed for the making of an application under section 17 or until an application under that section is determined, discontinued, or dismissed for want of prosecution, or during any period when an order is suspended under section 17(3a); or (b) a dog held in the custody of — (i) The Royal Society for the Prevention of Cruelty to Animals, Western Australia6; or (ii) the Dogs Refuge Home (W.A.) Inc.; or (iii) any other prescribed body, in a place maintained for the purpose of finding dogs suitable homes; or (c) a dog held in the custody of — (i) a veterinarian, or a person acting on a veterinarian's behalf, in the course of the veterinarian's professional practice; or (ii) a police officer in the performance of the officer's functions; or (iii) any other person in the performance of a function under this Act or any other written law; or (d) a greyhound that is registered under the Racing and Wagering Western Australia Act 2003 section 41 while the registration is in effect. [Section 7 amended: No. 57 of 1977 s. 2; No. 23 of 1987 s. 7; No. 24 of 1996 s. 16; No. 55 of 2004 s. 252 and 268; No. 18 of 2013 s. 6; No. 19 of 2021 s. 230(5); No. 29 of 2021 s. 9(1).] 8. Assistance dogs (1) In this section — assistance dog means a dog — (a) that is trained or is being trained by a representative of an organisation that is prescribed for the purposes of this definition; or (b) that is trained or is being trained by an individual having the qualifications and experience prescribed for the purposes of this definition; or (c) that is assessed by a person mentioned in paragraph (a) or (b) as being competent to be an assistance dog; or (d) that is being assessed by a person mentioned in paragraph (a) or (b) to decide whether the dog is competent to be an assistance dog; or (e) that has been approved, for the purposes of a law of another State or a Territory, as a dog whose use can alleviate or manage an effect of a person's disability or medical condition; or (f) that is approved by the CEO for the purposes of this definition. (2) A person mentioned in subsection (3) — (a) is entitled to be accompanied by an assistance dog, in any building or place open to or used by the public, for any purpose, or in any public transport; and (b) is not guilty of an offence by reason only that he or she takes that dog into or permits that dog to enter any building or place open to or used by the public or on any public transport. (3) The persons to whom subsection (2) applies are as follows — (a) a person who has a disability or medical condition an effect of which can be alleviated or managed by the use of an assistance dog; (b) a person who is training or assessing an assistance dog and who is a representative of an organisation mentioned in the definition of assistance dog paragraph (a); (c) a person who is training or assessing an assistance dog and who is an individual mentioned in the definition of assistance dog paragraph (b); (d) an individual person who is approved by the CEO as a person to whom subsection (2) applies. (4) The CEO may, on application, approve — (a) an individual person to be a person to whom subsection (2) applies; or (b) a particular dog to be an assistance dog for the purposes of the definition in subsection (1). (5) An application under subsection (4) must be made in a manner and form approved by the CEO and accompanied by — (a) the prescribed fee, if any, for the application; and (b) each other thing that the CEO requires to accompany the application that will enable the CEO to make a decision. (6) The regulations may provide for the review by the State Administrative Tribunal of a decision of the CEO on an application under subsection (4). (7) This section applies despite any other provision of this Act or other written law. [Section 8 inserted: No. 18 of 2013 s. 7.] Part II — Administration 9. Administrative responsibility (1) It shall be the duty of a local government within its district to administer and enforce the provisions of this Act, and where in the opinion of the Governor the powers conferred by this Act on a local government should be extended to an area outside the district the Governor may by Order declare that for the purposes of this Act the area is to be regarded as being within the district and the provisions of this Act shall then apply as if in fact the area were within the district. (2) Nothing in subsection (1) prevents the CEO from — (a) performing the CEO's functions under this Act; or (b) doing anything the CEO considers appropriate for the purposes of performing those functions. [Section 9 amended: No. 14 of 1996 s. 4; No. 29 of 2021 s. 10.] 9A. Delegation by CEO (1) The CEO may delegate to a person any power or duty of the CEO under another provision of this Act. (2) The delegation must be in writing signed by the CEO. (3) A person to whom a power or duty is delegated under this section cannot delegate that power or duty. (4) A person exercising or performing a power or duty that has been delegated to the person under this section is taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of the CEO to perform a function through an officer or agent. [Section 9A inserted: No. 29 of 2021 s. 11.] 9B. Designated persons (1) The CEO may, in writing, authorise persons to perform the functions conferred on designated persons under this Act (each a designated person). (2) An authorisation under this section may — (a) limit the functions of the designated person to functions specified in the authorisation; and (b) be cancelled by the CEO at any time. (3) The CEO is to issue to each designated person a certificate stating that the person is a designated person for the purposes of this Act. (4) A designated person must produce the certificate issued under subsection (3) at the reasonable request of a person in respect of whom the designated person exercises, has exercised, or is about to exercise any power under this Act. [Section 9B inserted: No. 29 of 2021 s. 11.] 10. Dogs not kept in district [(1) deleted] (2) Where a person ordinarily keeps a dog at a place that is not within the boundaries of a district or an area to which an Order under section 9 applies, that dog shall for the purposes of this Act be deemed to be ordinarily kept within the district the boundary of which is nearest to the place where the dog is kept. [Section 10 amended: No. 23 of 1987 s. 9; No. 14 of 1996 s. 4.] 10AA. Delegation of local government powers and duties (1) A local government may, by absolute majority as defined in the Local Government Act 1995 section 1.4, delegate to its chief executive officer any power or duty of the local government under another provision of this Act. (2) The delegation must be in writing. (3) The delegation may expressly authorise the delegate to further delegate the power or duty. (4) A local government's chief executive officer who is exercising or performing a power or duty that has been delegated as authorised under this section, is to be taken to do so in accordance with the terms of the delegation unless the contrary is shown. (5) Nothing in this section limits the ability of a local government's chief executive officer to perform a function through an officer or agent. [Section 10AA inserted: No. 18 of 2013 s. 8.] 10AB. Register of, and review of, delegations (1) The chief executive officer of a local government is to keep a register of — (a) delegations made under section 10AA(1); and (b) further delegations made under the authority of a delegation made under section 10AA(1). (2) At least once every financial year — (a) delegations made under section 10AA(1); and (b) further delegations made under the authority of a delegation made under section 10AA(1), are to be reviewed by the delegator. [Section 10AB inserted: No. 18 of 2013 s. 8.] 10A. Payments to veterinarians towards cost of sterilisation (1) A local government may — (a) make payments to veterinarians towards the cost of sterilisation of a dog owned by an eligible person; (b) from time to time issue directions in writing to such veterinarians to be complied with as a condition of the receipt of a payment under paragraph (a). (2) No payment shall be made under subsection (1)(a) to a veterinarian for the sterilisation of a dog unless the local government is satisfied that the veterinarian has complied with any direction issued under subsection (1)(b). (3) For the purposes of subsection (1) a person is an eligible person in relation to a local government if he — (a) is the registered owner of the dog whether or not the registration is in the district of that local government or in another district; and (b) resides in the district of that local government; and (c) in the opinion of that local government, would suffer hardship in paying the whole of the cost of sterilisation of the dog. [Section 10A inserted: No. 23 of 1987 s. 10; amended: No. 14 of 1996 s. 4; No. 19 of 2021 s. 230(6) and (7).] 11. Staff and services (1) For the purposes of this Act a local government may establish and maintain one or more dog management facilities and may appoint, under and subject to the provisions of the Local Government Act 1995, fit and proper persons to administer those facilities and otherwise to carry out the objects of this Act. (2) Where each of 2 or more local governments desire to establish and maintain dog management facilities or other services required by this Act, or otherwise to co‑operate in the administration of this Act, then notwithstanding the provisions of any other law it shall be lawful for an agreement pursuant to section 3.68 of the Local Government Act 1995, to be entered into and carried out for that purpose between them. (3) A person who is authorised by a local government to exercise any power under this Act shall be furnished with a certificate in the prescribed form evidencing his appointment, and shall produce that certificate on being required so to do by a person in respect of whom he exercises, has exercised, or is about to exercise any such power. (4) Subsection (3) is subject to the Public Health Act 2016 section 31. (5) Subsection (3) does not apply to a person appointed under the Local Government Act 1995 section 9.10(2) to be an authorised person for the purposes of this Act. [Section 11 amended: No. 14 of 1996 s. 4; No. 18 of 2013 s. 9; No. 19 of 2016 s. 131; No. 16 of 2019 s. 107.] 11A. Authorised persons The chief executive officer of a local government must, under the Local Government Act 1995 section 9.10(2), appoint persons to be authorised persons for the purposes of this Act. [Section 11A inserted: No. 16 of 2019 s. 108.] 12. Joint jurisdiction (1) Where a person authorised to seize a dog under this Act pursues that dog from the district in respect of which he is authorised into another district of the State, the authorisation shall be deemed to apply in relation to that dog notwithstanding that it is at any material time not in the district where the pursuit commenced. (2) Where 2 or more local governments enter into an agreement to co‑operate in the administration of this Act, that agreement may provide that an authorisation for the purposes of this Act given by any one of those local governments shall have effect in the registration area administered by any other of those local governments, and effect shall be given to any such agreement. [Section 12 amended: No. 14 of 1996 s. 4.] 12A. Entry of premises (1) A registration officer may, with the consent of the occupier, enter and inspect — (a) any premises — (i) where a dog is registered to be ordinarily kept; or (ii) described in an application for registration as those where a dog will be ordinarily kept, for the purpose of ascertaining whether the dog is, or will be, effectively confined; or (b) any premises, for the purpose of ascertaining whether a dog that is reasonably suspected to be in or at the premises is registered for the purposes of section 7(1), and may make such enquiries as he thinks necessary. (2) With the authority of a warrant or the consent of an occupier who has reached 18 years of age, the following persons may enter and inspect any premises for any purpose relating to the enforcement of this Act and may make any enquiries they think necessary — (a) an authorised person; (b) a designated person; (c) in the case of a warrant issued to a person referred to in paragraph (a) or (b) — any other person named in the warrant. (2A) Without limiting subsection (2), the purpose of determining whether grounds exist for the cancellation of an approval to breed, a pet shop approval or a dog supply approval is a purpose relating to the enforcement of this Act. (3) If he is satisfied that there are reasonable grounds for doing so, a Justice of the Peace may issue a warrant for the purposes of subsection (2). (4) An authorised person may, at any reasonable time, without a warrant and without consent, enter any premises other than a dwelling where the person reasonably suspects a dangerous dog to be, for the purpose of ascertaining whether an offence against Part VI Division 2 is being committed. (5) An authorised person may, without a warrant and without consent, stop, enter and search or inspect a vehicle in which the person reasonably suspects a dog to be, for any purpose relating to the enforcement of this Act. [Section 12A inserted: No. 23 of 1987 s. 11; amended: No. 18 of 2013 s. 10; No. 29 of 2021 s. 13.] 13. Immunity of persons acting in good faith No proceedings, whether civil or penal, shall lie against a local government or any person for any act, matter or thing done, or commanded to be done, in the exercise or purported exercise of a power or the performance of a duty under the provisions of this Act, or for any act, matter or thing omitted to be done, unless that act, matter or thing was done, commanded to be done, or omitted to be done, maliciously or without reasonable and probable cause. [Section 13 amended: No. 14 of 1996 s. 4.] 13A. Centralised registration system (1) The CEO must establish and maintain an electronic database or system in which information relating to dogs can be recorded (the centralised registration system). (2) The CEO and each local government is to — (a) record in the centralised registration system any information that is prescribed; and (b) ensure that the information recorded by it in the centralised registration system is accurate and kept up‑to‑date. (3) The CEO or a local government may cause any error in, or omission from, the centralised registration system to be corrected. (4) Where anything under this Act is required or permitted to be done in a manner approved by the CEO or a local government, the manner approved by the CEO or the local government may, without limitation, involve the use of the centralised registration system. (5) Regulations under section 54 may deal with any matter relating to the centralised registration system, including (without limitation) its establishment, maintenance and accessibility (including its accessibility to the public). (6) The CEO may establish a single database or system for the purposes of subsection (1) and the Cat Act 2011 section 41A(1). [Section 13A inserted: No. 29 of 2021 s. 14.] 13B. Dog owner numbers (1) Regulations under section 54 may require, or otherwise deal with, the issue, for the purposes of this Act, of a unique number (a dog owner number) to — (a) a person who owns, or has previously owned, 1 or more dogs; or (b) a person of a prescribed class. (2) Regulations under section 54 may deal with any matter relating to dog owner numbers and may, without limitation, require a person to have a dog owner number before transferring ownership of a dog to another person. [Section 13B inserted: No. 29 of 2021 s. 14.] Part III — Registration and identification [Heading inserted: No. 18 of 2013 s. 11.] Division 1 — Registration [Heading inserted: No. 18 of 2013 s. 11.] 14. Register of dogs (1) A local government is to keep an accurate and up‑to‑date register of dogs registered by the local government. (2) The register is to be kept in such form as the local government thinks fit. (3) The local government is to record in the register the information prescribed in respect of each dog registered by the local government. (4) The local government may cause any error in, or omission from, the register to be corrected. [Section 14 inserted: No. 18 of 2013 s. 12.] 15. Registration periods and fees (1) Subject to the provisions of this section, the registration fee payable in relation to a dog shall be such amount as is prescribed by regulation. (2) The registration under this Act of a dog, other than a dangerous dog, has effect from the date specified in the registration certificate until — (a) in the case of registration for an extended period prescribed under subsection (3)(b), 31 October in the final year of that period, unless cancelled sooner; or (b) in the case of registration for a dog's lifetime, the dog's death, unless cancelled sooner; or (c) in all other cases, the next 31 October, unless cancelled sooner. (3A) The registration under this Act of a dangerous dog has effect from the date specified in the registration certificate until the next 31 October, unless cancelled sooner. (3) Regulations may provide that concessional rates of registration fee shall be payable — (a) by persons of a specified class or in specified circumstances; and (b) by persons who elect to effect registration of a dog for such extended period as is prescribed; and (ca) by persons who elect to effect registration for the lifetime of a dog; and (c) in respect of registration for a period of less than one year; and (d) in respect of a dog that is proved, in such manner as is prescribed, to have been sterilised; and (e) in respect of a dog that is kept in an approved kennel establishment licensed under section 27; and (f) in respect of a dog that is kept in prescribed circumstances. (4A) A local government may discount or waive a registration fee, including a registration fee prescribed under subsection (3), for any individual dog or any class of dogs within its district. (4B) Subsections (3) and (4A) do not apply to a dangerous dog. (4) No registration fee shall be payable in relation to an assistance dog as defined in section 8(1), or any dog that is kept for the purposes of the Crown. (5) The registration fee payable in relation to a dog that is bona fide used in the droving or tending of stock shall be one quarter of the fee that would otherwise be payable. (6) The registration fee payable in relation to a dog's first registration — (a) that takes effect after 31 May and before 1 November in the year of the first registration; and (b) that is to have effect until 31 October in that year, is one half of the fee that would otherwise be payable. [Section 15 amended: No. 57 of 1977 s. 3; No. 23 of 1987 s. 13; No. 18 of 2013 s. 13.] 16. Registration procedure (1) A dog may be registered by the local government of the district in which — (a) the dog is ordinarily kept; or (b) the dog is deemed to be ordinarily kept pursuant to section 9 or section 10(2), if the owner of the dog or some person on his behalf delivers an application in the prescribed form, signed by or on behalf of the owner and accompanied by the prescribed fee, if any, to the office of the local government or some other place within the district appointed by the local government for the purpose. (1BA) The form of application prescribed for the purposes of subsection (1) shall require the applicant to provide — (a) the name, residential address and contact details of the owner of the dog; and (b) the address of the premises where the dog will ordinarily be kept; and (c) a statement that the dog will be effectively confined in or at those premises; and (d) if the dog is microchipped — (i) the name of the microchip database company for the dog; and (ii) the microchip's unique identification number for the dog; and (e) a statement as to whether the dog is kept, or is to be kept, as a commercial security dog; and (f) a statement as to whether the owner is subject to an order under section 46A(2). (1BB) Nothing in subsection (1BA) prevents a form prescribed for the purposes of subsection (1) requiring an applicant to provide additional information. (1b) Where a dog is ordinarily kept by a person under the age of 18 years, application for registration of that dog shall be made by his parent or guardian or some other person who is over the age of 18 years and any registration shall be in the name of the applicant. (2) The registration officer on receipt of an application duly made under subsection (1) shall — (a) effect the registration in accordance with this Act; or (b) where the local government so directs, refuse the application and refund the fee, if any, and in either event shall as soon as is practicable thereafter enter the prescribed particulars in the record maintained by the local government pursuant to section 14. (3A) If on an order under section 46A(2) a person is banned from owning or keeping a dog — (a) the registration officer of the local government district in which a dog is registered in the person's name is to cancel the registration of the dog in the person's name; and (b) a registration officer of any local government is not to effect or renew the registration of a dog in the person's name during the period to which the order applies. (3) The local government may direct the registration officer to refuse to effect or renew the registration of a dog, and may direct that the registration of a dog shall be cancelled, if — (a) the applicant, the owner, or the registered owner, as the case may be, has been convicted, or has paid a modified penalty, within the previous 3 years in respect of 2 or more offences against any of this Act, the Cat Act 2011 or the Animal Welfare Act 2002; or (b) the dog in question has been shown to the satisfaction of the local government to be destructive, unduly mischievous, or to be suffering from a contagious or infectious disease; or (c) the local government is not satisfied that the dog is, or will be, effectively confined in or at premises where the dog is, or will be, ordinarily kept; or (da) the dog is required under section 21 or 22 to be microchipped but is not microchipped; or (d) the dog is a dangerous dog. [(3a), (3b) deleted] (3c) The registration officer may cancel the registration of a dog if it is proved to his satisfaction that the dog has died or has been removed from the State. (4) Where the registration of a dog is refused, not renewed or cancelled pursuant to subsection (3) the local government shall forthwith notify the applicant or the person in whose name the registration was effected, and that notification shall be accompanied by a statement in writing of the grounds upon which the decision of the local government was made. (5) The registration of a dog under this Act has effect throughout the State notwithstanding that the dog may be removed to another district of the State. (6) On effecting or renewing any registration, the registration officer shall deliver to the applicant — (a) a certificate in the prescribed form acknowledging the fee paid and specifying the registration number allocated to each dog, the term of the relevant registration period, and a description of each dog so registered; and (b) in respect of each dog so registered, a registration tag of the prescribed kind. [Section 16 amended: No. 23 of 1987 s. 14 and 44; No. 14 of 1996 s. 4; No. 24 of 1996 s. 6; No. 10 of 1998 s. 29(1); No. 18 of 2013 s. 14.] 16AA. Owner's delegate (1) The registered owner of a dog may, in writing given to the local government with which the dog is registered, appoint a person who has reached 18 years of age to act as the owner's delegate. (2) A local government may deal with the owner's delegate instead of the owner in the circumstances specified in this Act. (3) An appointment under subsection (1) must be in a prescribed form. (4) An appointment under subsection (1) may be terminated in writing by either the registered owner or the appointed person. (5) An appointment under subsection (1) ceases to have effect when the person who made the appointment ceases to be the registered owner of the dog. [Section 16AA inserted: No. 18 of 2013 s. 15.] 16A. Change of ownership (1) Where the ownership of a dog, other than a dangerous dog, is transferred to another person, the registered owner shall within 28 days thereafter cause the local government in whose register his name appears to be notified in the prescribed manner and form of the name and residential address of the new owner. Penalty: a fine of $5 000. (2) No change shall be made in the record of the ownership of a dog unless — (a) the registered owner has notified the change to the local government under subsection (1) or section 33K(2)(c); or (b) an application for registration is made by a person who alleges that he is the new owner. (3) A person aggrieved by a decision of the local government relating to the ownership of a dog as recorded in a register may apply to the State Administrative Tribunal for a review of the decision. [Section 16A inserted: No. 23 of 1987 s. 15; amended: No. 14 of 1996 s. 4; No. 24 of 1996 s. 16; No. 55 of 2004 s. 254; No. 18 of 2013 s. 16.] 17A. If no application for registration made (1) In this section — dog means a dog — (a) that is, or is deemed under section 9 or 10(2) to be, ordinarily kept in the district of the relevant local government district; and (b) in respect of which an application for registration has not been made. (2) A local government may give written notice to the owner of a dog that the dog cannot be registered by the local government because — (a) the owner or the registered owner, as the case may be, has been convicted, or has paid a modified penalty, within the previous 3 years in respect of 2 or more offences against any of this Act, the Cat Act 2011 or the Animal Welfare Act 2002; or (b) the dog has been shown to the satisfaction of the local government to be destructive, unduly mischievous or suffering from a contagious or infectious disease; or (c) the local government is not satisfied that the dog is, or will be, effectively confined in or at premises where the dog is, or will be, ordinarily kept; or (d) the dog is required under section 21 or 22 to be microchipped but is not microchipped; or (e) the dog is a dangerous dog. (3) The notice must inform the owner of the right under section 17(1) to apply for a review of the decision. [Section 17A inserted: No. 18 of 2013 s. 17.] 17. Refusal or cancellation of registration (1) Where a local government refuses to effect or renew the registration of a dog, or cancels a registration or gives a written notice under section 17A(2), the applicant or the registered owner or owner of the dog, as the case may be, may apply to the State Administrative Tribunal for a review of the decision. [(2) deleted] (3) Where the State Administrative Tribunal affirms the decision of the local government, section 40(1) shall not apply and the State Administrative Tribunal shall make an order for the seizure of the dog and for its detention and destruction. (3a) Notwithstanding subsection (3), the State Administrative Tribunal may suspend an order made under that subsection for a specified period and impose conditions relating to the keeping of the dog and may at or before the expiry of that period cancel the order under subsection (3) if it is satisfied that the dog will be kept without the likelihood of any contravention of this Act. (4) If an application is not made under subsection (1) within the time fixed for the making of the application the local government may apply to a Justice of the Peace for an order authorising the seizure of the dog and where the Justice is satisfied that the applicant or the registered owner or owner of the dog, as the case may be, of the dog has been given proper notice of the reason for the decision but has not applied for a review of the decision, the Justice may make an order for the seizure of the dog. (5) If an application is made under subsection (1) but the proceeding on the application in the State Administrative Tribunal is withdrawn, dismissed or struck out under section 46, 47 or 48 of the State Administrative Tribunal Act 2004, a Justice of the Peace may, on the application of the local government, make an order for the seizure of the dog. (6) If an order for the seizure of the dog is made under subsection (4) or (5), the local government may cause the dog to be seized and detained or destroyed or otherwise disposed of as though it had been found in a place in contravention of section 31, 32 or 33A and had not been claimed. [Section 17 amended: No. 23 of 1987 s. 16; No. 14 of 1996 s. 4; No. 55 of 2004 s. 255; No. 18 of 2013 s. 18.] 18. Registration tags (1) A registration tag shall — (a) be of a durable material; and (b) be of a colour specified by the Minister under subsection (2); and (c) contain such particulars as are prescribed. (2) The Minister shall by order published in the Gazette in respect of a registration period, or an extended registration period referred to in section 15(2)(a), or a lifetime registration referred to in section 15(2)(b), specify the colour of registration tags for that registration period or extended registration period. (3) The Minister may, in like manner, amend or replace an order under subsection (2). [Section 18 inserted: No. 23 of 1987 s. 17; amended: No. 18 of 2013 s. 19.] 19. Refund of fee on cancellation Where on the cancellation of the registration of a dog that was registered for an extended period, the person who was the registered owner returns the registration tag to the local government, the local government shall refund to the person such proportion of the registration fee as may be prescribed. [Section 19 inserted: No. 23 of 1987 s. 18; amended: No. 14 of 1996 s. 4.] 20. Offences relating to registration etc. (1) A person who — (a) wilfully inserts or omits, or permits to be inserted or omitted, in any application for the grant or renewal of a registration any matter or thing whatsoever contrary to, or for the purpose of concealing, the truth; or [(b) deleted] (c) keeps any dog wearing a registration tag — [(i) deleted] (ii) issued in respect of another dog; or (iii) in respect of a registration which is cancelled; or (d) wrongfully removes or defaces any registration tag issued under this Act, or makes, uses, purchases or has in his possession any counterfeit or false certificate of registration or registration tag or any thing apparently intended to resemble or pass for the same, commits an offence. Penalty for this subsection: (a) for an offence relating to a dangerous dog, a fine of $10 000; (b) for an offence relating to a dog other than a dangerous dog, a fine of $5 000. (2) Where by regulations it is provided that a prescribed tattoo appearing on a dog may be accepted by a local government as proof that the dog has been sterilised, a person who applies that tattoo, or causes the same to be applied, to an unsterilised dog commits an offence. Penalty: a fine of $5 000. [Section 20 amended: No. 23 of 1987 s. 19 and 44; No. 14 of 1996 s. 4; No. 24 of 1996 s. 16; No. 18 of 2013 s. 20; No. 29 of 2021 s. 20(1) and (2).] Division 2 — Microchipping [Heading inserted: No. 18 of 2013 s. 21.] 21. Microchipping of dogs other than dangerous dogs (1) On and after 1 November 2013, the owner of a dog must ensure that the dog is microchipped if — (a) the dog has reached 3 months of age; and (b) the dog was not registered under this Act or the law of another State or a Territory so that its registration was in effect on 31 October 2013. Penalty: a fine of $5 000. (2) On and after 1 November 2015, the owner of a dog that has reached 3 months of age must ensure that the dog is microchipped. Penalty: a fine of $5 000. (3) Neither subsection (1) nor (2) requires a dog to be microchipped if, under subsection (4) it is exempt from microchipping. (4) A dog is exempt from microchipping if a certificate given by a veterinarian stating that the implantation of a microchip in the dog may adversely affect the health and welfare of the dog applies in respect of the dog. (5) A certificate referred to in subsection (4) cannot apply in respect of a dog that is under 3 months of age. [Section 21 inserted: No. 18 of 2013 s. 21.] [Part IV heading deleted: No. 23 of 1987 s. 21.] 22. Microchipping of dangerous dogs (1) In this section — relevant day means the last day of the period of 30 days beginning on the day on which the Dog Amendment Act 2013 section 21 comes into operation. (2) After the relevant day, the owner of a dangerous dog that has reached 3 months of age must ensure that the dog is microchipped. Penalty: (a) a fine of $10 000, but the minimum penalty is a fine of $500; (b) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $500. (3) Subsection (2) does not apply in relation to a dangerous dog (declared) — (a) during the 7 day period after the giving of the notice, required by section 33F(1), by which the dog is declared a dangerous dog (declared); or (b) during the period, if any, beginning when the owner lodges an objection under section 33F or applies for review under section 33I(1)(b) and ending 7 days after the day of the determination of that objection or review; or (c) during the 7 day period, if any, after the giving of a notice under section 33F(6)(a) as to the dismissal of an objection; or (d) during the period, if any, beginning when the owner applies for a review under section 33I(1)(a)(i) or (d) and ending 7 days after the day of the determination of that review. (4) A dangerous dog is exempt from microchipping if a certificate given by a veterinarian stating that the implantation of a microchip in the dog may adversely affect the health and welfare of the dog applies in respect of the dog. (5) A certificate referred to in subsection (4) cannot apply in respect of a dangerous dog that is under 3 months of age. (6) Nothing in subsection (3) affects the operation of section 21(1) or (2) in relation to a particular dog. [Section 22 inserted: No. 18 of 2013 s. 21.] 23. Notice to be given of microchip information (1) The owner of a microchipped dog must, within 7 days of the microchipping, give notice in writing to the local government of the district in which the dog is ordinarily kept or ordinarily permitted to live of — (a) the name of the microchip database company for the dog; and (b) the microchip's unique identification number for the dog. Penalty: a fine of $5 000. (2) Subsection (1) does not apply if the information has been, or will be, provided with an application to the local government to register the dog. [Section 23 inserted: No. 18 of 2013 s. 21.] 24. Microchip implanter to give information to microchip database company A microchip implanter who implants a microchip in a dog must, within 7 days after the microchip is implanted, give notice in writing in the form, if any, prescribed of the information prescribed to the microchip database company for that dog. Penalty: a fine of $5 000. [Section 24 inserted: No. 18 of 2013 s. 21.] 25. Microchip database company's obligations A microchip database company for a dog must keep and maintain in its microchip database the information prescribed under section 24 that has been given to it in respect of the dog. Penalty: a fine of $5 000. [Section 25 inserted: No. 18 of 2013 s. 21; amended: No. 29 of 2021 s. 21.] 26A. Interference with microchips A person must not, without reasonable excuse, remove or interfere with a microchip implanted in a dog. Penalty: a fine of $5 000. [Section 26A inserted: No. 18 of 2013 s. 21.] 26B. Transfer of ownership of unmicrochipped dogs (1) A person must not transfer the ownership of a dog that is not microchipped unless, at the time of the transfer, the person is satisfied that a certificate referred to in section 21(4) or 22(4) applies in respect of the dog. Penalty: a fine of $5 000. (2) Subsection (1) applies regardless of when or whether the dog was registered. [Section 26B inserted: No. 18 of 2013 s. 21.] 26C. Transfer of ownership of microchipped dogs Within 7 days after the transfer of the ownership of a microchipped dog, the person who effected the transfer must give notice in writing to the microchip database company for that dog, of — (a) the name and address of the person to whom the ownership of the dog was transferred; and (b) any other changes to the information prescribed under section 24 in respect of the dog. Penalty: a fine of $5 000. [Section 26C inserted: No. 18 of 2013 s. 21.] Division 3 — Changes to recorded information [Heading inserted: No. 18 of 2013 s. 21.] 26D. Notice to be given of changes to recorded information The owner of a dog must give notice in writing — (a) to the local government with which the dog is registered, if there is a change to any of the information prescribed under section 14(3) in respect of the dog; and (b) to the microchip database company for that dog, if there is a change to any of the information prescribed under section 24 in respect of the dog, within 7 days after the change to the information. Penalty: a fine of $5 000. [Section 26D inserted: No. 18 of 2013 s. 21.] Part V — The keeping of dogs 26. Limitation as to numbers (1) A local government may, by a local law under this Act — (a) limit the number of dogs that have reached 3 months of age that can be kept in or at premises in the local government's district; or (b) limit the number of dogs of a breed specified in the local law that can be kept in or at premises in the local government's district. (2) A local law mentioned in subsection (1) — (a) may limit the number of dogs that can be kept in or at premises to 2, 3, 4, 5 or 6 only; and (b) cannot prevent the keeping in or at premises of one or 2 dogs that have reached 3 months of age and any pup of either of those dogs under that age; and (c) cannot apply to dogs kept at premises that are licensed under section 27 as an approved kennel establishment; and (d) cannot apply to dangerous dogs (declared) or dangerous dogs (restricted breed). (3) Where by a local law under this Act a local government has placed a limit on the keeping of dogs in any specified area but the local government is satisfied in relation to any particular premises that the provisions of this Act relating to approved kennel establishments need not be applied in the circumstances, the local government may grant an exemption in respect of those premises but any such exemption — (a) may be made subject to conditions, including a condition that it applies only to the dogs specified in the exemption; and (b) cannot authorise the keeping in or at those premises of — (i) more than 6 dogs that have reached 3 months of age; or (ii) a dog under that age unless it is a pup of a dog whose keeping is authorised by the exemption; and (c) may be revoked or varied at any time. (4) A person must not keep in or at any premises, not being licensed under section 27 as an approved kennel establishment — (a) in the case of dogs that have reached 3 months of age, other than dangerous dogs (declared) or dangerous dogs (restricted breed), more than the number of dogs than the limit imposed under — (i) a local law mentioned in subsection (1); or (ii) an exemption granted under subsection (3); or (b) more than — (i) 2 dangerous dogs (declared); or (ii) 2 dangerous dogs (restricted breed); or (iii) one of each of those kinds of dangerous dogs, that have reached 3 months of age; or (c) any pup, of a dangerous dog (restricted breed), that is under 3 months of age. Penalty: (a) for an offence relating to a dangerous dog — (i) a fine of $10 000, but the minimum penalty is a fine of $500; (ii) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $500; (b) for an offence relating to a dog other than a dangerous dog — (i) a fine of $5 000; (ii) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $100. (5) Any person who is aggrieved — (a) by the conditions imposed in relation to any exemption under subsection (3); or (b) by the refusal of a local government to grant such an exemption, or by the revocation of an exemption, may apply to the State Administrative Tribunal for a review of the decision. (6) An application under subsection (5) cannot be made later than the expiry of a period of 28 days after the day on which a notice of the decision is served on the person affected by that decision. [Section 26 amended: No. 23 of 1987 s. 22; No. 14 of 1996 s. 4; No. 24 of 1996 s. 16; No. 55 of 2004 s. 256 and 268; No. 18 of 2013 s. 22.] 27. Licensing of approved kennel establishments (1) Where, under section 26(1)(a) or (b), a limit is imposed on the number of dogs that can be kept in or at any premises situate in a local government's district area,