36AMicrochip transponder must be implanted in certain dogs
This section applies to a dog that—
- is classified as dangerous under section 31 on or after 1 December 2003; or
- is classified as menacing under section 33A or section 33C on or after 1 December 2003; or
- is registered for the first time on or after 1 July 2006.
The owner of the dog must, for the purpose of providing permanent identification of the dog, arrange for the dog to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed manner.
Subsection (2) does not apply to a dog as defined in paragraph (b)(ii) of the definition of working dog in section 2 registered as a working dog under section 46(1) and wearing a collar, label, or disc as provided in section 34(4)(b).
Subsection (2) is complied with by the owner,—
- for a dog that is classified as dangerous or menacing, by making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location:
- for a dog that is registered for the first time on or after 1 July 2006, by—
- making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
- providing to the territorial authority a certificate issued by a veterinarian certifying—
- that the dog is or has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
- that, for the reasons that are specified in the certificate, the dog will not be in a fit condition to be implanted with a functioning microchip transponder of the prescribed type and in the prescribed location before a date specified in the certificate.
- that the dog is or has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
- making the dog available, in accordance with the reasonable instructions of the territorial authority, for verification that it has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
A certificate issued by a veterinarian under subsection (3)(b)(ii) must include the following information:
- the unique identifier of the microchip transponder (if subsection (3)(b)(ii)(A) applies); and
- the name and sex of the dog; and
- a physical description of the dog, which may include the breed, the colour, and any distinguishing marks; and
- if the dog is registered, the registration number of the label or disc issued for the dog; and
- the name, date of birth, and address of the owner of the dog.
If a certificate under subsection (3)(b)(ii)(B) is produced to the territorial authority, the owner must produce to the territorial authority, within 1 month after the date specified in the certificate, a further certificate under subsection (3)(b)(ii).
The owner must comply with subsection (2)—
- within 2 months from 1 July 2006, if the dog is classified as dangerous or menacing on or after 1 December 2003 but before 1 July 2006; or
- within 2 months after the date on which the dog is classified as dangerous or menacing or is registered (as the case may be), in any other case.
Subsection (2) does not apply if—
- as a requirement of this Act, the dog has been previously implanted with a functioning microchip transponder of the prescribed type and in the prescribed location; or
- in any other case, the territorial authority has verified that the dog has been implanted with a functioning microchip transponder of the prescribed type and in the prescribed location.
Every person commits an offence and is liable on
conviction to a fine not exceeding $3,000 who fails to comply with subsection (2) or subsection (5).-
Notes
- Section 36A: inserted, on , by section 24 of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 36A(2A): inserted (with effect on 1 July 2006), on , by section 17 of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 36A(3): substituted (with effect on 1 July 2006), on , by section 17(1) of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 36A(3A): inserted (with effect on 1 July 2006), on , by section 17(1) of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 36A(4): amended (with effect on 1 July 2006), on , by section 18(1)(a) of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 36A(4): amended (with effect on 1 July 2006), on , by section 18(1)(b) of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 36A(5): substituted (with effect on 1 July 2006), on , by section 17(2) of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 36A(5A): inserted (with effect on 1 July 2006), on , by section 17(2) of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 36A(6): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 36A(7): repealed (without coming into force), on , by section 18(2) of the Dog Control Amendment Act 2006 (2006 No 23).