THE TERRITORY OF CHRISTMAS ISLAND

No. of 1973

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AN ORDINANCE

Relating to the Importation of Dogs and Cats.

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Ordinance under the Christmas Island Act 1958-1966.

Dated this twenty second

day of November, 1973.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

W. L. MORRISON

Minister of State for External Territories.

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IMPORTATION OF DOGS AND CATS ORDINANCE 1973

Short Title.

1. This Ordinance may be cited as the Importation of Dogs and Cats Ordinance 1973.[*]

Definitions.

2. In this Ordinance, unless the contrary intention appears—“disease” means any of the following diseases—

(a) African horse sickness;

(b) Aujeszky’s disease;

(d) Canine tropical pancytopaenia;

(e) Leptospirosis;

(f) Rabies;

(g) Surra;

“government veterinary surgeon” means—

(a) in relation to a dog or cat imported into the Territory from Australia—a veterinary surgeon employed by, or performing veterinary duties on behalf of, the Government of the Commonwealth or of a State, being such a veterinary surgeon who is performing veterinary duties at the port or place in Australia from which the dog or cat is transported to the Territory; or

(b) in relation to a dog or cat that is imported into the Territory from New Zealand—a veterinary surgeon employed by, or performing veterinary duties on behalf of, the Government of New Zealand, being such a veterinary surgeon who is performing those duties at the port or place from which the dog or cat is transported to the Territory;

“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.

Importation of dogs and cats permitted only from Australia and New Zealand.

3. (1) The importation into the Territory of a dog or cat from a country other than Australia or New Zealand is prohibited.

(2) The importation into the Territory of a dog or cat from Australia or New Zealand is prohibited unless—

(a) it was born in Australia or New Zealand or, throughout the period of six months immediately preceding its transportation to the Territory, it had been in Australia or New Zealand and had not been at a quarantine station;

(b) it had been free from disease throughout the period referred to in paragraph (a), and had not, during that period, been in contact with an animal suffering from disease;

(c) the importer has furnished to the Administrator a declaration, under the hand of the person who was the owner of the animal immediately before it was transported to the Territory, declaring—

(i) whether the animal was born in Australia or New Zealand;

(ii) if the animal was not born in Australia or New Zealand—whether it had been in Australia or New Zealand throughout the period of six months immediately preceding its transportation to the Territory;

(iii) whether, during the period referred to in sub-paragraph (ii), the animal had been at a quarantine station, whether for the purpose of performing quarantine or otherwise; and

(iv) whether the animal had been free from disease throughout the period referred to in sub-paragraph (ii) and had, during that period, been in contact with an animal suffering from disease;

(d) the declaration referred to in paragraph (c) has endorsed on it or attached to it a certificate, under the hand of a government veterinary surgeon, certifying that, after having made reasonable enquiries, he has no reason to doubt the truth of the matters contained in the declaration; and

(e) the importer has furnished to the Administrator a certificate under the hand of a government veterinary surgeon certifying that he had, on a specified date, examined the animal at the port or place from which it was transported to the Territory and that the animal was then free from disease.

(3) The importation into the Territory of a dog or cat from Australia or New Zealand on a vessel used in navigation by air is prohibited—

(a) unless the dog or cat is so confined on the vessel in a cage or box that it is kept separate from any animal on the vessel other than another dog or cat, as the case may be; and

(b) unless no other animal susceptible to rabies is carried on the vessel, other than an animal that was born in Australia or New Zealand or that, throughout the period of six months immediately preceding its transportation on the vessel, had been in Australia or New Zealand and had not been in a quarantine station.

(4) The importation into the Territory of a dog or cat from Australia or New Zealand on a vessel used in navigation by sea is prohibited—

(a) unless the vessel is a vessel that trades exclusively between the Territory and Australia or New Zealand or between the Territory and Australia and New Zealand; and

Importation of female dogs and cats.

4. The importation into the Territory of a female dog or female cat is prohibited unless the importer has furnished to the Administrator—

(a) a certificate under the hand of a veterinary surgeon certifying that he has spayed the dog or cat; or

(b) if it is impracticable to furnish a certificate of the kind referred to in paragraph (a)—a declaration under the hand of the owner stating that the animal has been spayed and having endorsed on it a certificate under the hand of a veterinary surgeon certifying that he has examined the animal and has no reason to doubt the truth of the declaration.

False declarations.

5. A person shall not make, for the purposes of section 3 or 4, a declaration that is false or misleading in a material particular.

Penalty: Twenty dollars.

Importation of dogs of certain kinds prohibited.

6. The importation into the Territory of a dog, whether male or female, that is wholly or partly of a kind specified in Schedule 1 or belongs wholly or partly to any variety of such a kind, whatever the name by which the variety is known, is prohibited unless the Administrator has, by instrument in writing, granted permission to import that dog.

Prohibited animals and prohibited goods not to be imported.

7. A person who imports into the Territory, or has in his possession or knowingly keeps or permits to be kept on his premises, a prohibited animal or prohibited goods is guilty of an offence punishable upon conviction by a fine not exceeding Twenty dollars.

Seizure of prohibited animals and prohibited goods.

8. Prohibited animals and prohibited goods shall be forfeited and may be seized by a police officer and destroyed, disinfected, detained or otherwise dealt with as directed by the Administrator.

Compensation not payable.

9. A person is not entitled to recover compensation for any loss or damage sustained by reason of any action taken in pursuance of this Ordinance in relation to a prohibited animal or any prohibited goods.

Access to premises.

10. (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 sub-section (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 sub-section (3), he may search those premises for prohibited animals and prohibited goods.

(5) A person shall not, without reasonable excuse, obstruct or hinder a police officer who has entered premises in pursuance of consent given under sub-section (1) or in pursuance of a warrant granted under sub-section (3).

Penalty: Twenty dollars.

(6) In this section, “occupier”, in relation to premises, includes the person in charge of the premises.

SCHEDULE 1 Section 6

KINDS OF DOGS THE IMPORTATION OF WHICH IS PROHIBITED UNLESS THE PERMISSION OF THE ADMINISTRATOR IS GRANTED

Afghan hound

Alsatian

Borzoi

Boxer

Bulldog

Doberman pinscher

Great Dane

Greyhound

Kangaroo dog

Mastiff

Staghound

Whippet

Wolfhound

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SCHEDULE 2. Section 10

SEARCH WARRANT

TO the Commissioner of Police of the Territory of Christmas Island, and to all other Police Officers of the Territory.

WHEREAS an information on oath has this day been laid before me, a magistrate of the Territory, that certain prohibited animals and prohibited goods are supposed to be [on or at] Now I do hereby authorize empower and direct you to enter the premises, vehicle or vessel of at by day [or by night] using all necessary force and with such assistance as you think necessary for the purpose of searching for prohibited animals and prohibited goods under the Importation of Dogs and Cats Ordinance 1973.

Dated this day of 19 .

Magistrate.

[*] Notified in the Australian Government Gazette on 1973.