Dog and Cat Management Act 1995 (SA)

South Australia Dog and Cat Management Act 1995 An Act to provide for the management of dogs and cats; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Owner of dog or cat 6 Person responsible for control of dog or cat 7 Dog wandering at large 8 Meaning of effective control of dog by means of physical restraint 9 Non-application of Act to certain dogs owned by Crown Part 2—Dog and Cat Management Board and Fund Division 1—Establishment of Board 10 Establishment of Board 11 Ministerial control Division 2—Membership of Board and procedures 12 Composition of Board 13 Deputies of members 14 Conditions of membership 15 Vacancies or defects in appointment of members 16 Remuneration 17 Proceedings 18 Conflict of interest under Public Sector (Honesty and Accountability) Act 19 Common seal and execution of documents Division 3—Operations of Board 21 Functions of Board 21A Accreditation of assistance dogs 21B Board may keep register relating to microchipped and desexed dogs and cats 22 Powers of Board 23 Operational plans, budgets and information 23A Delegation 24 Annual report Division 4—Dog and Cat Management Fund 25 Dog and Cat Management Fund Part 3—Administration and enforcement Division 1—Authorised persons 25A Appointment of authorised persons 25B Identification of authorised persons 25C Area limitation on authorised persons appointed by councils 25D General powers of authorised persons Division 2—Council responsibility for administration and enforcement 26 Council responsibility for management of dogs and cats 26A Plans of management relating to dogs and cats 31 Offence to hinder etc authorised person 31A Medical practitioner must notify Board of certain injuries resulting from dog attacks 32 Offences by authorised persons 32A Failure on part of council to discharge responsibilities Part 4—Registration 33 Dogs must be registered 34 Registration procedure for individual dogs 35 Registration procedure for businesses involving dogs 36 Duration and renewal of registration 37 Notifications to ensure accuracy of registers 38 Transfer of ownership of dog 39 Rectification of register 41 Applications and fees Part 4A—Microchipping and other identification 42A Dogs and cats to be microchipped 42B Further offence if certain dogs and cats not microchipped following offence against section 42A 42C Further requirements relating to identification of certain dogs and cats Part 4B—Desexing 42D Application of Part 42E Certain dogs and cats to be desexed 42F Further offence if certain dogs and cats not desexed following offence against section 42E Part 5—Management of dogs Division 1—Offences relating to duties of owners and others responsible for control of dog 43 Dogs not to be allowed to wander at large 44 Dogs not to be allowed to attack etc 45 Transporting unrestrained dogs in vehicles 45A Miscellaneous duties relating to dogs Division 1A—Provisions relating to certain breeds etc of dogs 45B Dogs of prescribed breed 45C Greyhounds 45D Attack trained dogs, guard dogs and patrol dogs Division 1B—Court's power to make orders in criminal proceedings 47 Court's power to make orders in criminal proceedings Division 3—Destruction and control orders 50 Destruction and control orders 51 Grounds on which orders may be made 52 Procedure for making and revoking orders 53 Directions about how to comply with order 54 Application of orders and directions 55 Contravention of order 56 Notification to council 57 Notification of order to proposed new owner of dog 59 Power of court to order destruction or control of dog on application Division 3A—Prohibition orders 59A Prohibition orders 59B Contravention of Prohibition Order Part 5A—Destruction, seizure and detention etc of dogs and cats Division 1—Destruction, seizure and detention etc of dogs 59D Power to destroy dogs 60 Power to seize and detain dogs 61 Procedure following seizure of dog 62 Destruction or disposal of seized dog Division 2—Destruction and seizure etc of cats 63 Power to destroy cats 64 Power to seize and detain cats 64A Destruction or disposal of seized cat Division 3—Miscellaneous 64B Certain bodies may microchip and desex detained dogs and cats 64C Limits on entitlement to return of dog or cat 64D Notification to owner of dog or cat destroyed etc under Part 64E Recovery of costs 64F Ownership of certain dogs and cats to vest in operator of facility Part 6—Civil actions relating to dogs 65 Ownership and responsibility for control of dogs in civil actions 66 Liability for dogs1 67 Court's power to make orders relating to dogs in civil actions Part 7—Breeding and sale of dogs and cats 68 Registration of breeders 69 Offence for breeder to sell dogs or cats unless registered 70 Offences relating to sale of certain dogs and cats 71 Certain information to be given to buyers Part 7A—Review of decisions by SACAT 72 Review of certain decisions by South Australian Civil and Administrative Tribunal Part 8—Miscellaneous 80A Board may grant exemptions from Act 81 Assistance dogs 81A Interference with dog or cat in lawful custody 81B Offence to interfere with identification of dog or cat 82 False or misleading statements 83 No liability for action taken under Act 85 Continuing offences 86 General defences 87 Service of notices and documents 88 Evidence 88A Liability of vehicle owners in relation to transporting unrestrained dogs 89 Appropriation of penalties 90 By-laws 90A Review of Act 91 Regulations Schedule 1—Transitional provisions 2 Transitional provisions 3 Membership of Board vacated 4 Renewal of registration 5 Control (Dangerous Dog) Orders Legislative history