Title: Dog and Cat Management (Management of Cats) AmendmentBill 2006
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: ha42

House of Assembly—No 42
As laid on the table and read a first time, 28 June 2006

Dog and Cat Management (Management of Cats) Amendment Bill 2006

Dog and Cat Management (Management of Cats) Amendment Bill 2006
Part 1—Preliminary

Dog and Cat Management (Management of Cats) Amendment Bill 2006
Preliminary—Part 1

Dog and Cat Management (Management of Cats) Amendment Bill 2006
Part 2—Amendment of Dog and Cat Management Act 1995

Dog and Cat Management (Management of Cats) Amendment Bill 2006
Amendment of Dog and Cat Management Act 1995—Part 2

South Australia
Dog and Cat Management (Management of Cats) Amendment Bill 2006
A Bill For
An Act to amend the Dog and Cat Management Act 1995.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Dog and Cat Management Act 1995
4	Amendment of section 4—Interpretation
5	Amendment of section 5—Owner of dog or cat
6	Amendment of section 21—Functions of Board
7	Amendment of section 25—Dog and Cat Management Fund
8	Amendment of section 26—Council responsibility for management of dogs
9	Amendment of section 26A—Plans of management relating to dogs
10	Insertion of Part 7 Divisions A1 and A2
Division A1—Administration of provisions relating to cats
67A	Council responsibility for management of cats
67B	Plans of management relating to cats
Division A2—Registration of cats
67C	Cats must be registered
67D	Registration procedure for cats
67E	Duration and renewal of registration
67F	Notifications to ensure accuracy of registers
67G	Transfer of ownership of cat
67H	Rectification of register
67I	Cat to be properly identified
67J	Applications and fees
67K	Records to be kept by approved boarding catteries
11	Amendment of section 81A—Interference with dog or cat in lawful custody
12	Amendment of section 88—Evidence
13	Amendment of section 91—Regulations

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Dog and Cat Management (Management of Cats) Amendment Act 2006.
2—Commencement
This Act will come into operation on a day to be fixed by proclamation.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Dog and Cat Management Act 1995
4—Amendment of section 4—Interpretation
	(1)	Section 4, definition of corresponding law—after "dogs" insert:
or cats
	(2)	Section 4, definition of own a dog—after "dog" insert:
or cat
	(3)	Section 4, definition of registration disc—after "dog" insert:
or cat
	(4)	Section 4, definition of registration fee—after "section 26(6)" insert:
and 67A(6)
5—Amendment of section 5—Owner of dog or cat
Section 5—after "dog" wherever occurring insert in each case:
or cat
6—Amendment of section 21—Functions of Board
	(1)	Section 21(1)(b)—after "dogs" first occurring insert:
and cats
	(2)	Section 21(1)(b)(ii)(A)—after "dogs" insert:
and cats
	(3)	Section 21(1)(b)(ii)(B)—after "dog management officers" insert"
and cat management officers
	(4)	Section 21(1)(b)(ii)(E)—after "dogs" insert:
and cats
	(5)	Section 21(1)(b)(ii)(G)—after "dogs" insert:
or cats
7—Amendment of section 25—Dog and Cat Management Fund
	(1)	Section 25(3)(b)—delete "dog"
	(2)	Section 25(4)(a)—after "dogs" insert:
or cats
	(3)	Note—delete note
8—Amendment of section 26—Council responsibility for management of dogs
	(1)	Section 26(3)—delete "Act" first occurring and substitute:
Part 4
	(2)	Section 26(6)(a)—delete "under Part 5" and substitute:
involving dogs
	(3)	Section 26(6)(b)(iii)—after "Act" insert:
relating to dogs
9—Amendment of section 26A—Plans of management relating to dogs
Section 26A(1)—delete "and cats"
10—Insertion of Part 7 Divisions A1 and A2
Before section 68 insert:
Division A1—Administration of provisions relating to cats
67A—Council responsibility for management of cats
	(1)	Each council is required to administer and enforce the provisions of this Act relating to cats within its area and for that purpose must—
	(a)	maintain a register of cats containing the information required by the Board (which may be kept in the form of a computer record) that is to be readily available for public inspection; and
	(b)	ensure that the Board is provided with information contained in the register as required by the Board from time to time; and
	(c)	appoint a suitable person to be Registrar; and
	(d)	make satisfactory arrangements for issuing and replacing certificates of registration and registration discs; and
	(e)	appoint at least 1 cat management officer or make other satisfactory arrangements for the exercise of the functions and powers of cat management officers; and
	(f)	make satisfactory arrangements for the detention of cats seized under this Act; and
	(g)	make satisfactory arrangements for fulfilling other obligations under this Act relating to cats.
	(2)	The arrangements made by a council under this section must be satisfactory to the Board.
	(3)	Money received by a council under this Part must be expended in the administration or enforcement of the provisions of this Act relating to cats.
	(4)	Each council must keep separate accounts of money received under this Part and of money expended in the administration and enforcement of the provisions of this Act relating to cats.
	(5)	A council must pay into the Fund the percentage fixed by regulation of the cat registration fees received by the council.
	(6)	Councils may charge—
	(a)	fees for the provision of extracts from registers kept under this Part; and
	(b)	fees (which may be differential) approved by the Minister—
	(i)	for the registration of cats under this Part; and
	(ii)	for late payment of registration fees; and
	(iii)	for meeting any other requirement imposed on councils under this Act relating to cats.
	(7)	Without limiting the matters that may be taken into account when setting fees to be approved by the Minister, councils must provide for a percentage rebate of the fee that would otherwise be charged for the registration of a cat in the following cases:
	(a)	if the cat is desexed;
	(b)	if—
	(i)	the cat has been implanted with a microchip for the purposes of identification; and
	(ii)	the information contained in the microchip is up-to-date,
(and, if more than 1 rebate applies in respect of a particular cat, the rebates are to be aggregated and deducted from the registration fee that would otherwise be charged).
67B—Plans of management relating to cats
	(1)	Each council must, in accordance with this section, prepare a plan relating to the management of cats within its area.
	(2)	A plan of management may include provisions limiting the number of cats that may be registered in the name of a person and setting curfew periods during which cats must be confined indoors or in a cage or other suitable structure.
	(3)	A plan of management must be prepared and presented to the Board as follows:
	(a)	the first plan must cover a 5 year period and be prepared and presented within 3 years after the commencement of this section;
	(b)	subsequent plans must cover subsequent 5 year periods and each plan must be prepared and presented at least 6 months before it is to take effect.
	(4)	A plan of management must be approved by the Board before it takes effect.
	(5)	A council may, with the approval of the Board, amend a plan of management at any time during the course of the 5 year period covered by the plan.
Division A2—Registration of cats
67C—Cats must be registered
	(1)	Every cat of or over 3 months of age must be registered under this Act.
	(2)	If a cat of or over 3 months of age is unregistered, any person who owns the cat is guilty of an offence.
Maximum penalty: $250.
Expiation fee: $80.
	(3)	If a person is guilty of an offence by reason of a cat being unregistered, the person is guilty of a further offence for each 14 days that the offence continues.
Maximum penalty: $250.
Expiation fee: $80.
	(4)	A person is not guilty of an offence against this section by reason of the fact that the cat is unregistered if—
	(a)	less than 14 days has elapsed since the person first owned or became responsible for the control of the cat; or
	(b)	the cat—
	(i)	is travelling with the person; and
	(ii)	is not usually kept within the State; and
	(iii)	is registered under a corresponding law or is usually kept outside Australia (but a person may not rely on this exception unless he or she has produced, at the request of a cat management officer, satisfactory evidence of the matters specified in this subparagraph); or
	(c)	the person is responsible for the control of the cat only by reason of the cat being temporarily boarded at a boarding cattery approved by the council in whose area the cattery is situated.
	(5)	This section does not apply—
	(a)	to a cat that has not been kept in any one area for more than 14 days in aggregate; or
	(b)	to a cat while held in the custody of—
	(i)	the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated; or
	(ii)	the Animal Welfare League of South Australia, Incorporated; or
	(iii)	a registered veterinary surgeon acting in that capacity; or
	(iv)	a person acting under this Act or any other Act; or
	(v)	a body, or a person, or a body or person of a class, specified by regulation.
67D—Registration procedure for cats
	(1)	An application for registration of a cat—
	(a)	must be made to the Registrar for the area in which the cat is (or is to be) usually kept in the manner and form approved by the Board; and
	(b)	must nominate a person of or over 16 years of age who consents to the cat being registered in his or her name.
	(2)	Subject to subsection (3), on application and payment of the registration fee and any fee for late payment of the registration fee, the Registrar must register the cat in the name of the person nominated and issue to that person a certificate of registration, and a registration disc, conforming with the requirements of the Board or the regulations.
	(3)	A cat registered in the name of a particular person must, on application to the Registrar of the area in which the cat is kept, be registered in the name of some other person who is of or over 16 years of age and consents to the cat being registered in his or her name.
67E—Duration and renewal of registration
	(1)	Registration under this Act remains in force until 30 June next ensuing after registration was granted and may be renewed from time to time for further periods of 12 months.
	(2)	If an application for renewal of registration is made before 31 August of the year in which the registration expired, the renewal operates retrospectively from the date of expiry.
	(3)	Registration of a cat under this Act expires if the cat is removed from the area in which it is registered with the intention that it will be usually kept at a place outside that area and 14 days have elapsed since it was removed from that area.^1
Note—
1	In that event the cat must be re-registered in the new area.
67F—Notifications to ensure accuracy of registers
	(1)	The person in whose name a cat is individually registered must inform the Registrar of the area in which the cat is registered as soon as practicable after any of the following occurs:
	(a)	the cat is removed from the place recorded in the register as the place at which the cat is usually kept with the intention that it will be usually kept at some other place (whether in the same area, in a different area or outside the State);
	(b)	the cat dies;
	(c)	the cat has been missing for more than 72 hours;
	(d)	the ownership of the cat is transferred to another person.
Maximum penalty: $250.
Expiation fee: $80.
	(2)	Information given to the Registrar under this section must include such details as may be reasonably required for the purposes of ensuring the accuracy of registers kept under this Act.
67G—Transfer of ownership of cat
If ownership of a cat is transferred from the person in whose name the cat is individually registered, the person must give to the new owner the certificate of registration and registration disc last issued in respect of the cat.
Maximum penalty: $250.
Expiation fee: $80.
67H—Rectification of register
A person aggrieved by an entry in a register under this Act may apply to the council for the rectification of the register.
67I—Cat to be properly identified
If a cat is not identified as prescribed by the regulations, the person who owns the cat is guilty of an offence.
Maximum penalty: $250.
Expiation fee: $80.
67J—Applications and fees
	(1)	An application under this Part—
	(a)	must be made in the manner and form required by the Board; and
	(b)	must be accompanied by any document or certificate required by the Board; and
	(c)	must be accompanied by the appropriate fee.
	(2)	For the purpose of determining an application under this Part or the fee to accompany the application, the Registrar to whom the application is made may require the applicant to produce satisfactory evidence supporting the application.
67K—Records to be kept by approved boarding catteries
The operator of a boarding cattery approved by a council for the purposes of this Part must keep records of all cats kept at the cattery, and provide extracts from the records to the council, as required by the Board.
Maximum penalty: $250.
Expiation fee: $80.
11—Amendment of section 81A—Interference with dog or cat in lawful custody
Section 81A—after "dog" insert:
or cat
12—Amendment of section 88—Evidence
	(1)	Section 88(a)(i)—delete subparagraph (i) and substitute:
	(i)	at a specified time a person owned a dog or cat or was responsible for the control of the dog; or
	(2)	Section 88(b)—after "dog" insert:
or cat
13—Amendment of section 91—Regulations
Section 91(2)(c)—after "dogs" insert:
or cats

HA GP 069-B OPC HA-Bob Such