Companion Animals Regulation 2018 (2018-441) (NSW)

Companion Animals Regulation 2018

Part 1 Preliminary

1 Name of Regulation This Regulation is the Companion Animals Regulation 2018.

2 Commencement (1) This Regulation commences on 31 August 2018 (except as provided by subclause (2)) and is required to be published on the NSW legislation website. (2) Part 4 commences on 1 July 2019.

Note— This Regulation repeals and replaces the Companion Animals Regulation 2008, which would otherwise be repealed on 1 September 2018 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— authorised identifier means— (a) a veterinary practitioner (other than a veterinary practitioner whose authority to identify companion animals has been withdrawn under clause 11), or (b) a person who is, for the time being, accredited under Part 2 as an authorised identifier of companion animals. microchip means a subcutaneous full duplex electronic radio transponder implanted for the purposes of this Regulation. recognised breeder, in relation to a species of companion animal, means a person who is a member of a recognised breeders' organisation (within the meaning of Part 9 of the Act) for the species of companion animal. registration agent means— (a) a council, or (b) a person appointed under clause 13 (2). the Act means the Companion Animals Act 1998.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

Part 2 Permanent identification of companion animals

4 Categories of identified companion animals (1) For the purposes of this Regulation, the following categories of identified companion animals are specified— (a) category 1 companion animals, being companion animals that are required to be identified for the purposes of section 8 of the Act, (b) category 2 companion animals, being companion animals identified on a voluntary basis by the implantation of a microchip on or after 1 October 2001, (c) category 3 companion animals, being companion animals identified on a voluntary basis by the implantation of a recognised microchip before 1 October 2001, (d) category 4 companion animals, being companion animals identified by the implantation of a recognised microchip while in a place other than New South Wales. (2) A category 3 or category 4 companion animal is taken to be identified for the purposes of section 8 of the Act. (3) A reference in this clause to a companion animal identified on a voluntary basis is a reference to an identified companion animal that is not required to be identified for the purposes of section 8 of the Act. (4) In this clause— recognised microchip means a microchip that, in the opinion of the Departmental Chief Executive— (a) has been implanted in the companion animal concerned in accordance with the procedure set out in clause 5 (2), and (b) has a unique identification number, and (c) functions properly.