Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationssubstitute
Part 4 Implanting microchips
10 Approval of identifying microchip
(1) The Minister may approve a microchip (an identifying microchip ) to be used for identifying a domestic animal.
(2) An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
11 Selling or supplying fake identifying microchips
(1) A person commits an offence if—
(a) the person sells or supplies a microchip to someone else; and
(b) the person represents to the other person that the microchip is an identifying microchip; and
(c) the microchip is not an identifying microchip.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
12 Information to be given to domestic animals registry services
(1) A person who sells or supplies an identifying microchip to a veterinary surgeon or authorised identifier must give the following information to each operator of a domestic animals registry service in the ACT:
(a) the name and address of the veterinary surgeon or authorised identifier;
(b) the unique identification number of the microchip in a 15 character numeric or 10 character hexadecimal format and linked to the manufacturer of the microchip and a distribution batch number;
(c) an allocation list linking the unique identification number to the veterinary surgeon or authorised identifier to whom the microchip was sold or supplied.
Maximum penalty: 20 penalty units.
(2) The information mentioned in subsection (1) (b) and (c) must be given in an electronic format suitable for incorporation in the records of each operator of a domestic animals registry service in the ACT.
(3) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant believed on reasonable grounds that the information mentioned in subsection (1) had already been, or would be, given to each operator of a domestic animals registry service in the ACT by someone else.
13 Authorisation of identifiers
(1) A person may apply to the registrar to be an identifier of domestic animals.
(2) The registrar must—
(a) authorise the person as an identifier of domestic animals; or
(b) refuse to authorise the person as an identifier of domestic animals.
(3) The registrar must authorise the person to be an identifier of domestic animals if satisfied that the person—
(a) is qualified and competent to be an authorised identifier; and
(b) will comply with the requirements of this part in identifying domestic animals.
(4) The registrar must give the person written notice of the registrar's decision.
14 Withdrawal of authorisation
(1) This section applies if the registrar is satisfied that a person who is authorised as an identifier of domestic animals—
(a) is not, or is no longer, qualified or competent to be an authorised identifier; or
(b) has been negligent or incompetent in relation to the exercise of the person's functions as an authorised identifier; or
(c) has failed to comply with a requirement of this part in identifying domestic animals.
(2) The registrar may, by written notice given to the person, withdraw the person's authorisation as an identifier of domestic animals.
15 Identifying microchip to be implanted only by authorised people etc
(1) A person commits an offence if the person—
(a) implants an identifying microchip in a dog or cat; and
(b) is not a veterinary surgeon or authorised identifier.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if—
(a) the person is asked by the keeper or carer of a dog or cat to implant an identifying microchip in the animal; and
(b) the person implants a microchip in the animal; and
(c) the microchip is not an identifying microchip.
Maximum penalty: 10 penalty units.
(3) An offence against subsection (1) or (2) is a strict liability offence.
(4) A person who is not an authorised identifier commits an offence if the person represents himself or herself to be an authorised identifier.
Maximum penalty: 5 penalty units.
16 Code of practice about implanting identifying microchips
(1) The Minister may approve a code of practice about the procedures to be followed by a person who implants an identifying microchip in a domestic animal.
(2) 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.
(3) A person who implants an identifying microchip in a domestic animal must comply with a code of practice approved under this section.
Maximum penalty: 10 penalty units.
(4) An offence against this section is a strict liability offence.
17 Requirement to scan for identifying microchips
(1) A person who operates an animal shelter or pound commits an offence if—
(a) a dog or cat enters the shelter or pound; and
(b) the person does not, within 3 days after the day the animal enters the shelter or pound, scan the animal to find out whether it is implanted with an identifying microchip.
Maximum penalty: 10 penalty units.
(2) An offence against this section is a strict liability offence.
(3) In this section:
"animal shelter" means premises maintained for providing shelter to, or finding new homes for, stray, abandoned or unwanted dogs or cats.
"pound" means premises maintained for impounding dogs or cats.
18 Operation of domestic animals registry services
(1) A person commits an offence if the person operates a domestic animals registry service in the ACT and the person—
(a) is not licensed (however described) to operate a domestic animals registry service under a corresponding law; or
(b) is prohibited from operating the service in the ACT under a notice under section 19.
Maximum penalty: 20 penalty units.
(2) An offence against this section is a strict liability offence.
19 Prohibition of certain operators
(1) This section applies if the registrar is satisfied that a person who is licensed under a corresponding law to operate a domestic animals registry service is not operating, or will not operate, the service in accordance with a code of practice approved under section 22.
(2) The registrar may, by written notice given to the person, prohibit the person from operating the service in the ACT.
20 Operator to provide information
(1) A person who operates a domestic animals registry service in the ACT commits an offence if—
(a) the registrar asks the person to give the registrar information about the registry service; and
(b) the person does not give the registrar the information within 7 working days after the day the person receives the request.
Maximum penalty: 5 penalty units.
Note The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.
(2) An offence against this section is a strict liability offence.
21 Notification of ceasing to operate domestic animals registry services
(1) This section applies to a person who—
(a) is licensed (however described) to operate a domestic animals registry service under a corresponding law; and
(b) operates a domestic animals registry service in the ACT under the licence.
(2) The person commits an offence if—
(a) the person's licence to operate the service is suspended or cancelled under the corresponding law, or the person discontinues operating the service in the ACT for any other reason; and
(b) the person does not give the registrar written notice of the suspension, cancellation or discontinuation within 3 working days after the day it happens.
Maximum penalty: 5 penalty units.
(3) An offence against this section is a strict liability offence.
22 Code of practice about operation of domestic animals registry service
(1) The Minister may approve a code of practice about the operation of domestic animals registry services in the ACT.
(2) 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.
(3) A person who operates a domestic animals registry service in the ACT must comply with a code of practice approved under this section.
Maximum penalty: 20 penalty units.
(4) An offence against this section is a strict liability offence.
23 Review of decisions
(1) In this section:
"reviewable decision" means a decision—
(a) refusing to authorise a person as an identifier of domestic animals under section 13; or
(b) withdrawing a person's authorisation as an identifier of domestic animals under section 14; or
(c) prohibiting a person from operating a domestic animals registry service in the ACT under section 19.
(2) A notice of a reviewable decision must be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989 , section 25B (1) .
(3) Application may be made to the administrative appeals tribunal for review of a reviewable decision.