Australian Capital Territory Numbered Acts

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

insert

143     Codes of practice

    (1)     The Minister may, in writing, approve codes of practice setting out the duties of owners, carers and keepers of domestic animals if the animals are kept on land in relation to which a residential lease has been granted.

Examples of domestic animals

              •     cats

              •     dogs

              •     pigs

              •     horses

              •     pigeons

              •     rabbits

              •     goats

              •     bees

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     An approved code of practice may apply, adopt or incorporate an instrument, as in force from time to time.

Note 1     The text of an applied, adopted or incorporated instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

Note 2     A notifiable instrument must be notified under the Legislation Act.

    (3)     An approved code of practice is a disallowable instrument.

Note     A disallowable instrument must be notified and presented to the Legislative Assembly, under the Legislation Act.

    (4)     In this section:

"residential lease"—see the Planning and Development Act 2006 , section 226 (Definitions—ch 9).

    (5)     However, if the Planning and Development Act 2006 has not commenced, residential lease has the meaning given by the Land (Planning and Environment) Act 1991 , section 159 (Definitions for pt 5).

    (6)     Subsection (5) and this subsection expire on the later of—

        (a)     the commencement of the Planning and Development Act 2006 ; and

        (b)     the commencement of this subsection.

143A     Inspection of incorporated documents

    (1)     This section applies to an incorporated document, or an amendment of, or replacement for, an incorporated document.

Note     For the meaning of incorporated document , see the dictionary.

    (2)     The chief executive must ensure that the document, amendment or replacement is made available for inspection free of charge to the public on business days at reasonable times at the office of an administrative unit administered by the chief executive.

    (3)     In this section:

"amendment", of an incorporated document—see section 143B (6).

"replacement", for an incorporated document—see section 143B (6).

143B     Notification of certain incorporated documents

    (1)     This section applies to—

        (a)     an incorporated document; or

        (b)     an amendment of, or replacement for, an incorporated document.

Example of replacement document

a new edition of the incorporated document

Note 1     For the meaning of incorporated document , see the dictionary.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     The chief executive may prepare a written notice (an incorporated document notice ) for the incorporated document, amendment or replacement that contains the following information:

        (a)     for an incorporated document—details of the document, including its title, author and date of publication;

        (b)     for an amendment—the date of publication of the amendment (or of the document as amended) and a brief summary of the effect of the amendment;

        (c)     for a replacement—details of the replacement, including its title, author and date of publication;

        (d)     for an incorporated document or any amendment or replacement—

              (i)     a date of effect (not earlier than the day after the day of notification of the notice); and

              (ii)     details of how access to inspect the document, amendment or replacement may be obtained under section 143A; and

              (iii)     details of how copies may be obtained, including an indication of whether there is a cost involved.

    (3)     An incorporated document notice is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act.

    (4)     An incorporated document, and any amendment or replacement of an incorporated document, has no effect under this Act unless—

        (a)     an incorporated document notice is notified in relation to the document, amendment or replacement; or

        (b)     the document, amendment or replacement is notified under the Legislation Act, section 47 (6).

    (5)     The Legislation Act, section 47 (7) does not apply in relation to incorporated documents.

    (6)     In this section:

"amendment", of an incorporated document, includes an amendment of a replacement for the incorporated document.

"replacement", for an incorporated document, means—

        (a)     a document that replaces the incorporated document; or

        (b)     a document (an initial replacement ) that replaces a document mentioned in paragraph (a); or

        (c)     a document (a further replacement ) that replaces an initial replacement or any further replacement.