Dogs Registration Regulations 1994

No. 9, 1994

Compilation No. 1

Compilation date:   18 June 2015

Includes amendments up to: Norfolk Island Continued Laws Amendment Ordinance 2015
(No. 2, 2015)

Prepared Date:   4 September 2015

DOGS REGISTRATION REGULATIONS 1994

TABLE OF PROVISIONS

 1. Short title

 2. Fees

 3. Designation of prescribed place

 4. Prescribed offences and penalties

 5. Non-registration of prohibited dogs

 6. Infringement notices

  Schedule 1

  Schedule 2

Dogs Registration Regulations 1994

1. Short title

 These Regulations may be cited as the Dogs Registration Regulations 1994.

2. Fees

 (1) For the purpose of section 5(2) of the Act, the prescribed fee for the registration of a dog is as set out in the Table —

TABLE

FEES

 (2) Where application for registration of a dog is made after 30 June in any year, the prescribed fee is 50% of the fee specified in subregulation (1).

….

3. Designation of prescribed place

 For the purposes of subsection 13(3) of the Act the Minister may by notice in the Gazette declare a place or places to be a prescribed place.

4. Prescribed offences and penalties

 For the purposes of section 17A of the Act, the prescribed penalty in Schedule 1 in respect of an infringement described in column 2 of an item in the Schedule, being an infringement of a provision of the Act specified in column 1 of the item, is the penalty specified in column 3 of the item.

5. Non-registration of prohibited dogs

The Registrar must not register a dog the importation or possession of which is prohibited or restricted except that any dog the importation or possession of which has been authorised under any other enactment may be registered but the registration shall be conditional upon the same conditions as those imposed upon its importation.

6. Infringement notices

 (1) For the purposes of Part 5 of the Act, the administrative charge is 1 fee unit.

 (2) For the purposes of subsection 17A(2) of the Act Form 1 in  Schedule 2 is prescribed.

 (3) For the purposes of subsection 17A(3) of the Act, Form 2 in Schedule 2 is prescribed.

 (4) For the purposes of Section 17B, of the Act, Form 3 in Schedule 2 is prescribed.

 (5) For the purposes of section 17F of the Act, Form 4 in Schedule 2 is prescribed.

 Schedule 1  (Section 17A)

(Regulation 4)

PRESCRIBED PENALTIES

Schedule 2

Form 1

(Regulation 5(2))

NORFOLK ISLAND

Dogs Registration Act 1936

INFRINGEMENT NOTICE

No: …………………………….

Date: …………………………….

TO (1) ………………………………………………………………………………………….…………

It is alleged that at (2) ………………………………… on the …………………………………..………

day of ……………….………………………………… 20……. you committed an offence in

that you (3) ……………………………………………………………………..…………………………...

……………………………………………………………………………………….……………………… (Name of Inspector issuing Notice}

TAKE NOTICE—You may dispose of this matter –

 (a) by payment of a penalty of (4) $………………………….. within 14 days of the date of this Notice to the Administration of Norfolk island at the Administration Offices, Kingston and no further action will be taken  in respect of the infringement;

if you do not pay as stated, or dispute the notice in the manner stated below, you shall incur liability for the administrative charges (at present 1 fee unit) in addition to the penalty under the Act for infringement; or

 (b) if you wish to dispute the alleged infringement you must within 14 days of this notice give notice in writing to that effect to the Registrar setting out the grounds upon which you rely and the matter may be referred to the Court for determination.

If you do not pay the penalty stated above, or dispute the alleged infringement, within the time stated, court proceedings may be taken against you.

NOTE: The following penalties apply upon the issue of an infringement notice—

(1) Insert name and address of alleged offender.

(2) Insert place of alleged offence.

(3) Insert short particulars of the offence alleged [see (a), (b) or (c) in the Note above].

(4) Insert amount of modified penalty prescribed [see (a), (b) or (c) in the Note above].

Form 2

(Regulation 5(3))

NORFOLK ISLAND

Dogs Registration Act 1936

WITHDRAWAL OF INFRINGEMENT NOTICE

Date: …………………………….

To:  …………………………………………………………………………………………

Take notice that I do hereby withdraw Infringement Notice No.             Date:                                       20  

No further proceedings shall be taken in respect of the alleged infringement. 

__________________________________ ____________________

Name of Inspector   Signature of Inspector

Form 3

(Regulation 5(4))

NORFOLK ISLAND

Dogs Registration Act 1936

FINAL NOTICE – NON-PAYMENT OF PENALTY

No:  …………………………….

Date:  …………………………….

To:  ………………………………………………………………………………………………

Take Notice that Infringement Notice No.         was served upon you on                           20    , and the penalty referred to therein has not been paid.  NOW be informed that if the said penalty and the administrative charge is paid within 14 days after the date of this notice or within such further time not exceeding 28 days as the Registrar may allow, no further action will be taken in respect of the alleged infringement.

IF YOU DO NOT MAKE PAYMENT AS STATED ABOVE NO FURTHER NOTICE WILL BE GIVEN BEFORE A PROSECUTION IS COMMENCED.

YOU SHOULD OBTAIN LEGAL ADVICE REGARDING THIS NOTICE.

Name of Inspector    Signature of Inspector

Form 4

(Regulation 5(4))

NORFOLK ISLAND

Dogs Registration Act 1936

EVIDENTIARY CERTIFICATE

Infringement Notice served upon†:……………………………………….

Date of service of notice:                            

Alleged infringement:

I CERTIFY that in respect of the above Infringement Notice—

*(a) that —

(i) the Registrar did not allow further time for the payment of the penalty in respect of the  infringement, or the penalty for the infringement and the administrative charge; and

(ii) the penalty in respect of the infringement, or the penalty for the infringement and the administrative charge was not paid in accordance with the notice.

*(b) that —

(i) the Registrar allowed the further time of                 ** days for the payment of the penalty in respect of the infringement, or the penalty for the infringement and the administrative charge; and

(ii) the penalty in respect of the infringement, or the penalty for the infringement and the administrative charge, was not paid in accordance with the notice or within the further time allowed by the Registrar.

Date:

__________________________________ ____________________

Name of Inspector or Registrar  Signature

(† - insert name of person to whom the notice was addressed.

(* - strike out whichever does not apply).

(** - insert further time allowed).  ”.

NOTES

The Dogs Registration Regulations 1994 as shown in this consolidation comprises Regulations No. 9 of 1994 and amendments as indicated in the Tables below.

Table of Amendments