Companion Animals Act 1998 No 87
Division 1 Requirement for permit
11B Annual permit required for cats that are not desexed
(1) A permit is required to own a cat that is 4 months old or older, unless the cat is desexed.(2) The owner of a cat that is not desexed and for which a permit is required is guilty of an offence if a permit is not in force in relation to the cat.Maximum penalty—50 penalty units.(3) The following grace periods apply to an offence against this section—(a) the period of 2 months after a cat reaches 4 months of age,(b) the period of 2 months (or any other period prescribed by the regulations) after a person acquires ownership of a cat.(4) A person cannot be proceeded against, and a section 11E notice cannot be issued, for an offence committed in relation to a cat during a grace period for an offence against this section if the person duly applies for a permit for the cat by the end of the grace period.
11C Annual permit required for dangerous dogs
(1) A permit is required to own a dangerous dog. The permit is required on and from the date that is 7 days after the declaration that the dog is a dangerous dog takes effect.(2) The owner of a dangerous dog is guilty of an offence if a permit is not in force in relation to the dog on or after the date from which it is required under this section.Maximum penalty—60 penalty units.(3) This section applies to a dog whether or not the dog is also a restricted dog and, accordingly, another permit will be required by section 11D if that section applies.
11D Annual permit required for restricted dogs
(1) A permit is required to own a restricted dog. The permit is required on and from the following date—(a) if the dog is an American pit bull terrier, pit bull terrier, Japanese tosa, dogo Argentino or fila Brasileiro, Perro de Presa Canario or Presa Canario—the date that the animal is 6 months old,(b) if the dog is of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth—21 days after the importation of the breed, kind or description of the dog was first prohibited,(c) if the dog is declared to be a restricted dog by an authorised officer of a council under Division 6 of Part 5—21 days after the declaration takes effect,(d) if the dog is of a breed, kind or description prescribed by the regulations for the purposes of section 55—21 days after the day that the breed, kind or description was first prescribed.(2) The owner of a restricted dog is guilty of an offence if a permit is not in force in relation to the dog on or after the date from which it is required under this section.Maximum penalty—60 penalty units.(3) This section applies to a dog whether or not the dog is also a dangerous dog and, therefore, another permit will be required by section 11C if that section applies.
11E Notice requiring permit for companion animal
(1) If this Division requires a permit to own a companion animal, the council of the area in which the animal is ordinarily kept may give the owner of the animal a notice, in the approved form, requiring the owner to apply for a permit in relation to the animal within 14 days after the date the notice is given.(2) The owner of the companion animal must comply with the notice.Maximum penalty—(a) in the case of a cat—50 penalty units, or(b) in the case of a dangerous dog or restricted dog—60 penalty units.(3) A notice under this section may be given on more than one occasion to the owner of a companion animal (but only after an interval of at least 3 months since the last such notice was given).
11F Exemptions for animals in custody of rehoming organisations
(1) This Division does not apply to a companion animal that is in the custody of any of the following—(a) a council, or an operator of a council pound that is not a council,(b) the Animal Welfare League NSW,(c) The Cat Protection Society of NSW Inc,(d) the Royal Society for the Prevention of Cruelty to Animals; New South Wales.(2) This Division does not apply to a companion animal that is in the custody of any other organisation that is, for the time being, designated as a rehoming organisation by the Departmental Chief Executive under section 88B, if the animal has not been in the custody of that organisation or any other rehoming organisation for more than 12 months.
11G Further exemptions
This Division does not apply to any of the following companion animals—(a) a dog that is ordinarily used by a police officer on official duty,(b) a dog that is ordinarily used on official duty by a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999),(c) a dog used by a Commonwealth officer on official duty,(d) a companion animal in the custody of an accredited research establishment within the meaning of the Animal Research Act 1985, or the holder of an animal research authority or an animal supplier’s licence within the meaning of that Act, for purposes in connection with animal research, as authorised under that Act,(e) a companion animal kept at a licensed animal display establishment within the meaning of the Exhibited Animals Protection Act 1986 and lawfully exhibited in accordance with that Act,(f) a companion animal prescribed by, or of a class prescribed by, the regulations.
11H Continuing offences
A person who commits an offence under section 11B, 11C or 11D commits another, separate, offence under that section each calendar month that the contravention of that section continues.Note.This section does not limit the number of times a person may be prosecuted under section 11E (Notice requiring permit for companion animal).