Territory of Christmas Island
Importation of Dogs and Cats Ordinance 1973
No. 5, 1973 as amended
made under the
Christmas Island Act 1958
Compilation start date: 18 October 2014
Includes amendments up to: Christmas Island Legislation Amendment (2014 Measures No. 1) Ordinance 2014
About this compilation
This compilation
This is a compilation of the Importation of Dogs and Cats Ordinance 1973 as in force on 18 October 2014. It includes any commenced amendment affecting the legislation to that date.
This compilation was prepared on 21 October 2014.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.
Uncommenced amendments
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
1 Name of Ordinance
This Ordinance is the Importation of Dogs and Cats Ordinance 1973.
2 Definitions
In this Ordinance, unless the contrary intention appears:
assistance animal means a dog or other animal:
(a) accredited under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability; or
(b) accredited by an animal training organisation prescribed for paragraph 9(2)(b) of the Disability Discrimination Act 1992; or
(c) trained:
(i) to assist a person with a disability to alleviate the effect of the disability; and
(ii) to meet standards of hygiene and behaviour that are appropriate for an animal in a public place.
prohibited animal means an animal the importation of which is prohibited under this Ordinance.
prohibited goods means any foodstuffs, bedding, clothing, utensils, appliances or other goods used in the Territory, or on any vessel, in connexion with an animal the importation into the Territory of which is prohibited under section 3.
3 Importation of dogs and cats generally prohibited
(1) Subject to subsection (2), the importation of a dog or cat to Christmas Island is prohibited.
(2) The Administrator may approve the importation of a dog if it is an assistance animal.
(3) A person may apply in writing to the Administrator for approval to import an assistance animal.
7 Prohibited animals and prohibited goods not to be transported
A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct causes a prohibited animal or prohibited goods:
(i) to be imported into the Territory; or
(ii) to be in his or her possession or to be kept on his or her premises.
Maximum Penalty: 20 penalty units.
8 Seizure of prohibited animals and prohibited goods
(1) A police officer may, where he has reason to believe that an animal is a prohibited animal or that goods are prohibited goods, seize the animal or the goods.
(2) Where a police officer seizes an animal or goods pursuant to subsection (1), he shall:
(a) give notice in writing forthwith to the importer of the seizure; and
(b) lodge a copy of the notice with the Chief Clerk of the Magistrate’s Court.
(3) The notice referred to in subsection (2) shall specify the reasons for the belief by the police officer that the animal is a prohibited animal or that the goods are prohibited goods and shall require the importer to show cause before the Magistrate’s Court within a specified period, being a period of not less that 7 days after the seizure of the animal or the goods, why the Court should not:
(a) declare that the animal is a prohibited animal or that the goods are prohibited goods;
(b) order that the animal or the goods declared to be a prohibited animal or prohibited goods are forfeited; and
(c) direct that the forfeited animal or the forfeited goods shall be destroyed or otherwise dealt with as the Court determines.
(4) Where an importer does not, within the time specified in the notice referred to in subsection (2), show cause before the Magistrate’s Court why an animal or goods should not be dealt with by the Court as provided by paragraphs (3)(a), (b) and (c), the police officer who seized the animal or the goods shall be entitled to apply to the Court to have the animal or the goods dealt with in accordance with paragraphs (3)(a), (b) and (c).
9 Power of Magistrate’s Court
For the purposes of section 8, the Magistrate’s Court shall have jurisdiction to:
(a) declare that an animal is a prohibited animal or that goods are prohibited goods pursuant to this Ordinance;
(b) order that a prohibited animal or prohibited goods shall be forfeited; and
(c) direct that a forfeited animal or forfeited goods shall be destroyed or otherwise dealt with as the Court determines.
10 Access to premises
(1) A police officer may, with the consent of the occupier of any premises, enter the premises for the purpose of searching for prohibited animals and prohibited goods.
(2) Where a police officer has reason to believe that there is on any premises a prohibited animal or that there are on any premises any prohibited goods, the police officer may make application to a Magistrate for a warrant authorizing the police officer to enter the premises for the purpose of searching for prohibited animals and prohibited goods.
(3) If, on an application under subsection (2), the Magistrate is satisfied, by information on oath:
(a) that there is reasonable ground for believing that there is on the premises to which the application relates any prohibited animal or there are on those premises any prohibited goods; and
(b) that the issue of a warrant is reasonably required for the purposes of this Ordinance,
the Magistrate may grant a warrant substantially in accordance with the form set out in Schedule 2 authorizing the police officer, with such assistance as he thinks necessary, to enter the premises, during such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time, if necessary by force, for the purpose of searching for prohibited animals and prohibited goods.
(4) Where a police officer has entered any premises in pursuance of a warrant granted under subsection (3), he may search those premises for prohibited animals and prohibited goods.
(5) A person is guilty of an offence if:
(a) the person engages in conduct; and
(b) the conduct causes a police officer to be hindered or obstructed; and
(i) the police officer has entered premises after being given consent to do so under subsection (1); or
(ii) the police officer has entered premises under the authority of a warrant granted under subsection (3).
Maximum Penalty: 20 penalty units.
(6) In this section, occupier, in relation to premises, includes the person in charge of the premises.
11 Ordinance does not derogate from any other law
The provisions of this Ordinance are in addition to, and do not derogate from the operation of, any other law in force in the Territory.
Endnotes
Endnote 1—About the endnotes
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
Abbreviation key—Endnote 2
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
Uncommenced amendments—Endnote 5
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
Modifications—Endnote 6
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
Misdescribed amendments—Endnote 7
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Miscellaneous—Endnote 8
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
Endnote 2—Abbreviation key
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = Legislative Instruments Act 2003 | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s) /sub-subparagraph(s) | |
Endnote 3—Legislation history
Name | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
Importation of Dogs and Cats Ordinance 1973
No. 5 of 1973 | 29 Nov 1973 | 29 Nov 1973 | |
Importation of Dogs and Cats Ordinance 1973
No. 1 of 1974 | 6 Aug 1974 | 6 Aug 1974 | — |
Importation of Dogs and Cats Ordinance 1973
No. 2 of 1997 | 7 Mar 1977 | 7 Mar 1977 | — |
Importation of Dogs and Cats Amendment Ordinance 2005 (No. 1) | 22 Aug 2005 (F2005L02241) | 23 Aug 2005 | — |
Christmas Island Legislation Amendment (2014 Measures No. 1) Ordinance 2014 No. 2, 2014 | 17 Oct 2014 (F2014L01361) | Sch 1 (items 4–7): 18 Oct 2014 (s 2) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Title.................... | rep No 2, 2014 |
s 1..................... | rs No 2, 2014 |
s 2..................... | am. No. 1, 2005; No 2, 2014 |
s 3..................... | am. No. 2, 1977 |
| rs. No. 1, 2005 |
| am No 2, 2014 |
s 4..................... | rep. No. 1, 2005 |
s 5..................... | rep. No. 1, 2005 |
s 6..................... | rep. No. 1, 2005 |
s 7..................... | rs. No. 1, 2005 |
s 8..................... | rs. No. 1, 1974 |
s 9..................... | rs. No. 1, 1974 |
s 10.................... | am. No. 1, 2005 |
s 11.................... | ad. No. 1, 1974 |
Schedule 1................ | rep. No. 1, 2005 |
Endnote 5—Uncommenced amendments [none]
Endnote 6—Modifications [none]
Endnote 7—Misdescribed amendments [none]
Endnote 8—Miscellaneous [none]