Australian Capital Territory Numbered Acts

DOMESTIC ANIMALS AMENDMENT ACT 2007 (NO. 35 OF 2007) - SECT 27

substitute

Part 4     Cats

Division 4.1     Keeping 4 or more cats

84A     Multiple cat licences—requirement to be licensed

    (1)     A person commits an offence if—

        (a)     the person keeps 4 or more cats on 1 residential premises; and

        (b)     the person does not hold a multiple cat licence to keep the cats on the premises.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     This section does not apply to—

        (a)     a cat less than 84 days old; or

        (b)     a cat kept by the person for less than 28 days; or

        (c)     a person resident in the ACT for less than 28 days; or

        (d)     a cat that is an assistance animal; or

        (e)     a cat kept on land that is under a lease that allows for an animal care facility.

84B     Multiple cat licences—applications

A person may apply to the registrar for a licence to keep 4 or more cats on 1 residential premises (a multiple cat licence ).

84C     Multiple cat licences—approval or refusal

    (1)     If an application for a multiple cat licence is made under section 84B, the registrar must—

        (a)     approve the issue of a licence; or

        (b)     refuse to approve the issue of a licence.

    (2)     The registrar must refuse to issue a multiple cat licence unless satisfied that the applicant can comply with the requirements of the Animal Welfare Act 1992 and any approved code of practice under that Act.

    (3)     In making a decision under this section, the registrar must consider the following:

        (a)     the number and kind of cats to which the application relates;

        (b)     the size and nature of the premises where the cats are proposed to be kept;

        (c)     the security of the premises;

        (d)     the suitability of facilities for keeping the cats on the premises;

        (e)     the potential impact on the occupiers of neighbouring premises;

        (f)     any conviction or finding of guilt of the applicant within the last 10 years against a law of a Territory or State for an offence relating to the welfare, keeping or control of an animal.

    (4)     Subsection (3) does not limit the matters the registrar may consider.

84D     Multiple cat licences—conditions

    (1)     The registrar may issue a multiple cat licence on conditions stated in the licence.

    (2)     In making a decision whether or not to impose a condition on a multiple cat licence, the registrar must consider the following:

        (a)     the number and kind of cats to which the application relates;

        (b)     the size and nature of the premises where it is proposed to keep the cats;

        (c)     the potential impact on the occupiers of neighbouring premises.

    (3)     The conditions may include there being sufficient shelter for each cat.

    (4)     Subsection (2) does not limit the matters the registrar may consider.

Division 4.2     Seizing cats and dealing with them