Dog and Cat Management (Breeder Reforms) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. New clauses, page 10, after line 25—Insert:

24A—Amendment of section 47—Court's power to make orders in criminal proceedings

Section 47(3), penalty provision—delete '$5,000.' and substitute '$10,000.'

24B—Insertion of Part 5 Division 2

After section 47 insert:

Division 2—Directions relating to management of dogs

48—Authorised officers may give directions

(1) An authorised officer may, by notice in writing, give a person who owns or is responsible for the control of a dog or dogs such directions as the authorised officer considers necessary or appropriate—

(a) to prevent the commission of an offence against Division 1, or any other offence prescribed by the regulations; or

(b) to prevent or manage behaviour of the dog or dogs that would, if the behaviour continues or is repeated, constitute grounds on which an order under Division 3 may be made.

(2) Without limiting the matters that may be the subject of a direction under this section, a direction may require a person to take, or to cease, such action as may be specified in the direction.

(3) A direction under this section—

(a) must be made in the manner and form required by the Board; and

(b) must be recorded by the authorised officer in a manner and form approved by the Board; and

(c) takes effect when the authorised officer first gives the written notice to the person; and

(d) may be conditional or unconditional; and

(e) may relate to 1 or more dogs; and

(f) must comply with any other requirements set out in the regulations.

(4) A direction under this section may be revoked by an authorised officer by written notice to the person to whom the direction was given.

(5) A person who contravenes a direction under this section is guilty of an offence.

Maximum penalty: $5,000.

Expiation fee: $500.

(6) If a direction under this section is contravened, an authorised officer, or a person authorised by the relevant council for the purpose, may take any action required under the direction.

(7) The reasonable costs and expenses incurred in taking action under subsection (6) may be recovered by the relevant council as a debt from the person who contravened the direction.

No. 2. Clause 26, page 10, line 36 to page 11, line 5—Delete clause 26 and substitute:

26—Amendment of section 51—Grounds on which orders may be made

(1) Section 51(a)(ii)—delete 'in circumstances that would constitute an offence against this Act' and substitute:

(whether or not actual injury is caused)

(2) Section 51(b)(i)(B)—delete ', in circumstances that would constitute an offence against this or any other Act' and substitute:

(whether or not actual injury is caused)

(3) Section 51(c)(i)(B)—delete ', in circumstances that would constitute an offence against this or any other Act' and substitute:

(whether or not actual injury is caused)

(4) Section 51(d)(i)(B)—delete ', in circumstances that would constitute an offence against this or any other Act' and substitute:

(whether or not actual injury is caused)

(5) Section 51(e)(ii)—delete 'noise by barking or otherwise in circumstances that would constitute an offence against this or any other Act' and substitute:

an unreasonable amount of noise by barking

(6) Section 51—after paragraph (e) insert:

or

(f) in the case of a Control (Wandering Dog) Order—

(i) the dog has, on at least 3 occasions, wandered at large; or

(ii) the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Wandering Dog) Order.

(7) Section 51—after its present contents (now to be designated as subsection (1)) insert:

(2) To avoid doubt, a council or the Board may make an order in relation to a dog under this Division—

(a) whether or not a person has been charged with an offence against this or any other Act in relation to the behaviour of the dog to which the order relates; or

(b) in circumstances where a person has been charged with an offence against this or any other Act in relation to the behaviour of the dog to which the order relates but is found not guilty of the offence (except where the court has made a finding that the dog did not, in fact, engage in the behaviour to which the order relates).

No. 3. New clauses, page 11, after line 5—Insert:

26A—Repeal of section 53

Section 53—delete the section

26B—Amendment of section 54—Application of orders and directions

(1) Heading to section 54—delete 'and directions'

(2) Section 54(3)—delete subsection (3)

No. 4. New clause, page 11, after line 23—Insert:

29A—Insertion of Part 5 Division 3AA

After section 59 insert:

Division 3AA—Control (Barking Dogs on Premises) Order

59AA—Control (Barking Dogs on Premises) Order

(1) A council or the Board may, in accordance with this Division, make a Control (Barking Dogs on Premises) Order in relation to specified premises.

(2) A Control (Barking Dogs on Premises) Order requires—

(a) all reasonable steps to be taken to prevent any dogs on the premises repeating the behaviour that gave rise to the order; and

(b) any dogs on the premises or each occupier of the premises or both to undertake such approved training courses as may be specified in the order.

(3) A council or the Board may make a Control (Barking Dogs on Premises) Order if satisfied that—

(a) 1 or more dogs on the premises are a nuisance; and

(b) 1 or more dogs on the premises has created noise by barking or otherwise in circumstances that would constitute an offence against this or any other Act.

(4) In making a Control (Barking Dogs on Premises) Order, it is not necessary for the council or Board to—

(a) be satisfied that more than 1 dog on the relevant premises is creating or has created the noise; or

(b) identify a particular dog on the relevant premises that is creating or has created the noise; or

(c) if more than 1 dog on the relevant premises is creating or has created the noise—apportion an amount of noise to each dog.

(5) A Control (Barking Dogs on Premises) Order binds each occupier of the premises subject to the order.

59AB—Procedure for making and revoking orders

(1) A council or the Board may make an order under this Division on its own initiative or on an application made in a manner and form determined by the council or the Board (as the case requires).

(2) Before making an order under this Division, the council or the Board (as the case requires) must give the occupier of the premises at least 7 days written notice—

(a) setting out the terms of the proposed order; and

(b) inviting the occupier to make submissions to the council or the Board in respect of the matter within 7 days or such longer period as is allowed by the council or the Board (as the case requires).

(3) An order made by a council—

(a) must be made in the manner and form required by the Board; and

(b) must be recorded by the council in a manner and form approved by the Board; and

(c) takes effect when the council first gives a copy of the order to the occupier of the premises to which the order relates.

(4) An order made by a council may be revoked by the council by written notice to the occupier of the premises to which the order relates.

(5) A note of the revocation must be entered in the register kept by the council under this Act.

(6) An order made by the Board—

(a) takes effect when the Board first gives a copy of the order to the occupier of the premises to which the order relates; and

(b) may be revoked by the Board by written notice to the occupier of the premises to which the order relates; and

(c) must be recorded in a manner and form determined by the Board.

59AC—Contravention of order

(1) If a Control (Barking Dogs on Premises) Order is contravened, each occupier of the premises subject to the order is guilty of an offence.

Maximum penalty: $2,500.

Expiation fee: $500.

(2) It is a defence to a charge of an offence against this section if it is proved that the defendant was not, at the time of the alleged offence, aware that the order was in force.

No. 5. Clause 32, page 13, after line 7 [clause 32, after inserted paragraph (g)]—Insert:

(ga) if the dog is kept at premises that are the subject of a Control (Barking Dogs on Premises) Order under Part 5 Division 3AA and the authorised person reasonably suspects that an occupier of the premises has contravened the order;

No. 6. Clause 35, page 13, lines 34 to 37—Delete clause 35 and substitute:

35—Substitution of section 63

Section 63—delete section 63 and substitute:

63—Power to destroy cats

(1) A person may lawfully destroy or injure a cat in the following circumstances:

(a) if the person is performing functions under the National Parks and Wildlife Act 1972 or the Wilderness Protection Act 1992 and the cat is in a reserve or sanctuary (within the meaning of the National Parks and Wildlife Act 1972) or a wilderness protection area or zone (within the meaning of the Wilderness Protection Act 1992);

(b) if the person is performing functions under the Crown Land Management Act 2009 and the cat is found in an area in respect of which the person is authorised to exercise powers under that Act;

(c) if the person is performing functions under the Landscape South Australia Act 2019 and the cat is found while the person is performing those functions;

(d) if the person is the owner or occupier of a designated area, or a person authorised for the purpose by the owner or occupier of a designated area and the cat is found in the designated area;

(e) if the cat is found in a place that is more than the prescribed distance from any genuine place of residence (not including a place owned or occupied by the person);

(f) if—

(i) the cat is unidentified; and

(ii) the person—

(A) is a veterinarian acting in the ordinary course of their profession; or

(B) is acting for or on behalf of 1 of the following bodies or persons in respect of a cat that has been delivered to a facility operated by the person or body:

the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;

the Animal Welfare League of South Australia, Incorporated;

a body or person specified by the regulations;

(g) any other circumstances prescribed by the regulations.

(2) Without limiting subsection (1), an authorised person may lawfully destroy or injure a cat in the circumstances prescribed by the regulations.

(3) Nothing in this section limits the operation of section 65 of the Animal Welfare Act 2025.

(4) The Governor may, by proclamation made on the recommendation of the Board, declare land to be a designated area for the purposes of this section.

(5) A proclamation under this section may be varied or revoked by further proclamation made on the recommendation of the Board.

(6) In this section—

prescribed distance, from a place of residence, means—

(a) if the regulations prescribe a distance for the purposes of this paragraph—that distance; or

(b) if the regulations do not prescribe a distance for the purposes of this paragraph—1 kilometre.

No. 7. Clause 37, page 14, lines 4 to 8—Delete clause 37 and substitute:

37—Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part

(1) Section 64D(3), definition of prescribed person, (b), (c) and (d)—delete the paragraphs (b), (c) and (d) and substitute:

(b) a person performing functions under the National Parks and Wildlife Act 1972, the Wilderness Protection Act 1992, the Crown Land Management Act 2009 or the Landscape South Australia Act 2019; or

(2) Section 64D(3), definition of prescribed person, (f)—delete 'registered veterinary surgeon' and substitute 'veterinarian'

No. 8. Clause 38, page 15, after line 12 [clause 38, inserted section 69]—Insert:

(1a) The Board must, before publishing or adopting, or varying or revoking, standards and guidelines under subsection (1)—

(a) call for public submissions in accordance with a scheme determined by the Board; and

(b) have regard to any submissions received during the period specified in the scheme; and

(c) undertake such other consultation as may be required by the regulations.

No. 9. Clause 39, page 21, after line 15—Insert:

(1) Section 72(4), definition of reviewable decision, (a)—delete 'or 3A' and substitute ', 3AA or 3A'

No. 10. New clause, page 22, after line 14—Insert:

40A—Amendment of section 81A—Interference with dog or cat in lawful custody

Section 81A, penalty provision—delete '$5,000.' and substitute '$10,000.'

No. 11. Clause 45, page 23, after line 24 [clause 45, inserted section 88]—Insert:

(aa) a specified animal was a dog or cat (as the case requires); or

Consideration in committee.

The Hon. S.E. CLOSE: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.