Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
74 Dogs and cats to be de-sexed if over certain age
(1) A person must not keep a dog that has not been de-sexed if the person does not hold a permit for the dog.
Maximum penalty: 50 penalty units.
(2) A person must not keep a cat that has not been de-sexed if the person does not hold a permit for the cat.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability offence.
(4) This section does not apply in relation to—
(a) a dog that is less than 6 months old or a cat that is less than 3 months old; or
(b) a dog or cat born before 21 June 2001.
(5) It is a defence to a prosecution for an offence against this section in relation to a dog or cat if—
(a) the defendant proves that it is less than 28 days since the day the dog or cat first came into the defendant's possession; or
(b) the defendant proves that the defendant —
(i) carries on the business of offering dogs or cats for sale by retail; and
(ii) is keeping the dog or cat for the purpose of offering it for sale.
74A Sale of older dogs and cats to be notified if not de-sexed
(1) A person commits an offence if—
(a) the person sells a dog or cat that has not been de-sexed; and
(b) the person believes, or ought reasonably to believe, that—
(i) in the case of a dog—the dog is 6 months old or older; or
(ii) in the case of a cat—the cat is 3 months old or older; and
(c) the person does not, within 3 working days after the day the person sells the dog or cat, tell the registrar in writing the name and address of the buyer.
Maximum penalty: 5 penalty units.
(2) Strict liability applies to subsection (1) (a) and (c).