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Part 3 of the Amendment of Animal Management Qld

This forum is for all discussion about topics relating to the BSL Dog Legislation laws currently in place in Australia.

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Part 3 Amendment of Animal
Management (Cats and Dogs)
Act 2008

Clause 5 Act amended
This clause provides that Part 3 amends the AMCDA.

Clause 6 Amendment of s 63 (What is a restricted dog)
Clause 6 amends section 63 to clarify that a restricted dog breed does not include a cross breed of a restricted dog breed. The policy intent of the AMCDA is to restrict only those dog breeds prohibited from importation by the Commonwealth. The Customs Act 1901 (Cwth) does not prohibit the importation of cross breeds of restricted dogs.

Clause 7 Insertion of new s 63A Section 63A Provisions for deciding what is a breed of dog

The Supreme Court in Kylie Louise Chivers v Gold Coast City Council [2010] QSC 98, stated that the determination of whether a dog is of a particular breed can be quite difficult. To enable the AMCDA’s policy intent to restrict only APBTs and not Amstaffs, section 63A provides that if a dog’s breed is in question, a pedigree certificate or a veterinary surgeon’s certificate is evidence the dog is of the breed stated in the certificate.

Building and Other Legislation Amendment Bill (No. 2) 2010
Page 19

Section 63A(1)(d) provides for a certificate signed by a veterinary surgeon is evidence the dog is of the breed stated in the certificate. Previously, section 202 applied to a restricted dog breed only and provided that a certificate signed by a veterinary surgeon may be used as evidence that the dog is a restricted dog breed.

In addition to a veterinary surgeon’s certificate, section 63A(1)(a)-© provides that a certificate issued by the Australian National Kennel Council (ANKC), the peak representative and coordinating body for pedigree pure breed dogs in Australia; a member body of the ANKC; and a national breed council registered with the ANKC is evidence the dog is of the breed stated in the certificate.

Restricted dogs are defined in the AMCDA as a breed of dog prohibited from importation into Australia under the Customs Act 1901 (Cwth). The Commonwealth prohibits the importation of APBT’s but allows the importation of Amstaffs. The intent of the AMCDA is to restrict only those dog breeds prohibited from importation by the Commonwealth.

As a consequence of the Court’s decision which determined that Amstaffs and APBTs are the same breed of dog, an estimated 4000 Amstaff owners in Queensland are required to comply with strict keeping and control conditions for restricted dogs (fencing, desexing, muzzling, self-closing gates estimated to cost up to $5000 per dog). Further, for those Queensland Local Government areas with a local law prohibition, such as South-East Queensland, this meant that a family’s pet Amstaff may be euthanized or relocated.

Section 63A (2), (3) therefore provides that if a dog is of the breed Amstaff, that the dog is not of the breed APBT and if a dog is of the breed APBT that the dog is not of the breed Amstaff.

The amendments do not diminish the AMCDA’s provisions on dangerous or potentially dangerous dogs. For any dog that shows aggressive or menacing behaviour the AMCDA will continue to allow Councils to declare the dog as a menacing dog. The dog is then subject to strict keeping and control requirements and the dog’s owner held liable for its
behaviour.

Clause 8 Omission of s 202 (Veterinary surgeon certificate)
Clause 8 omits section 202 as section 63A provides for a pedigree certificate or veterinary surgeon’s certificate to be used as evidence of a breed of dog.

Building and Other Legislation Amendment Bill (No. 2) 2010
Page 20

Clause 9 Insertion of new ch 10, pt 3
Clause 9 inserts chapter 10 part 3 section 223 to provide a transitional provision for section 63A to apply as if it had been in force since 6 April 2010. This is to ensure there is no gap between the Supreme Court’s decision and the commencement of the amendment to clarify that under the AMCDA, Amstaffs and APBTs are not the same breed of dog.
http://www.legislation.qld.gov.au/Bills ... 0_2Exp.pdf


Congratulations to Jon Kylie and Team.

:claphands :claphands :claphands :claphands

Tybrax
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