[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Dog Amendment Bill 2012 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 Part 2 -- Dog Act 1976 amended 3. Act amended 3 4. Section 3 amended 3 5. Section 6 amended 8 6. Section 7 amended 9 7. Section 8 replaced 10 8. Assistance dogs 10 8. Sections 10AA and 10AB inserted 12 10AA. Delegation of local government powers and duties 12 10AB. Register of, and review of, delegations 13 9. Section 11 amended 13 10. Section 12A amended 14 11. Part III heading replaced and Part III Division 1 heading inserted 15 Part III -- Registration and identification Division 1 -- Registration 12. Section 14 replaced 15 14. Register of dogs 15 13. Section 15 amended 15 14. Section 16 amended 17 15. Section 16AA inserted 19 16AA. Owner's delegate 19 16. Section 16A amended 20 17. Section 17A inserted 21 17A. If no application for registration made 21 292--1B page i Dog Amendment Bill 2012 Contents 18. Section 17 amended 22 19. Section 18 amended 22 20. Section 20 amended 22 21. Part III Divisions 2 and 3 inserted 23 Division 2 -- Microchipping 21. Dogs other than dangerous dogs to be microchipped from 1 November 2013 if not already registered 23 22. All dangerous dogs to be microchipped 23 23. Notice to be given of microchip information 25 24. Microchip implanter to give information to microchip database company 25 25. Microchip database company's obligations 25 26A. Interference with microchips 26 26B. Transfer of ownership of unmicrochipped dogs 26 26C. Transfer of ownership of microchipped dogs 26 Division 3 -- Changes to recorded information 26D. Notice to be given of changes to recorded information 26 22. Section 26 amended 27 23. Section 27 amended 30 24. Section 28 inserted 30 28. Obligation to identify a dog's owner 30 25. Section 29 amended 31 26. Section 30A inserted 36 30A. Operator of dog management facility may have dog microchipped at owner's expense 36 27. Section 30 amended 37 28. Section 31 amended 37 29. Section 32 amended 40 30. Section 33 amended 41 31. Section 33A amended 42 32. Section 33B amended 43 33. Section 33D amended 43 34. Section 33E amended 45 35. Section 33F amended 46 36. Sections 33GA to 33GE inserted 47 33GA. Offences relating to dangerous dogs 47 33GB. Dangerous dogs (restricted breed) to be sterilised 52 page ii Dog Amendment Bill 2012 Contents 33GC. Restrictions on transferring ownership of dangerous dogs (restricted breed) 52 33GD. Dangerous dogs (restricted breed) not to be bred 54 33GE. Prohibition on transfer of ownership of dangerous dogs (declared) to persons under 18 54 37. Section 33G amended 55 38. Section 33H amended 56 39. Section 33I amended 56 40. Section 33J amended 57 41. Section 33K amended 57 42. Section 33L replaced 59 33L. Defences applicable to this Division 59 43. Section 33M amended 60 44. Section 34 amended 60 45. Section 36 deleted 61 46. Section 38 replaced 61 38. Nuisance dogs 61 47. Section 39 amended 62 48. Section 43 amended 63 49. Section 43A amended 64 50. Section 44 amended 64 51. Section 45 amended 65 52. Section 45A amended 66 53. Section 46A inserted 67 46A. Order to attend a dog training course, ban on owning or keeping dogs 67 54. Section 47 replaced 68 47. Veterinary service expenses recoverable from local government 68 55. Section 50 amended 69 56. Section 51 amended 69 57. Section 53 deleted 69 58. Section 54 amended 70 59. Part XI inserted 70 Part XI -- Transitional provisions Division 1 -- Transitional provisions arising from certain amendments made by the Dog Amendment Act 2012 55. Application of the Interpretation Act 1984 70 56. Authorisations in relation to assistance dogs 71 page iii Dog Amendment Bill 2012 Contents 57. Registration procedure 71 58. Detained dogs 71 59. Dogs declared to be dangerous dogs 71 60. Transitional regulations 72 Part 3 -- Regulations repealed 60. Dog (Restricted Breeds) Regulations (No. 2) 2002 repealed 74 page iv Western Australia LEGISLATIVE ASSEMBLY Dog Amendment Bill 2012 A Bill for An Act to amend the Dog Act 1976 and to repeal the Dog (Restricted Breeds) Regulations (No. 2) 2002. The Parliament of Western Australia enacts as follows: page 1 Dog Amendment Bill 2012 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Dog Amendment Act 2012. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. page 2 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 3 1 Part 2 -- Dog Act 1976 amended 2 3. Act amended 3 This Part amends the Dog Act 1976. 4 4. Section 3 amended 5 (1) In section 3(1) delete the definitions of: 6 dangerous dog 7 guide dog 8 (2) In section 3(1) insert in alphabetical order: 9 10 CEO means the chief executive officer of the 11 department of the Public Service principally assisting 12 the Minister in the administration of this Act; 13 commercial security dog means a dog that is kept 14 primarily for the purpose of guarding or protecting 15 premises that are not dwellings and that are not the 16 premises of the dog's owner, whether or not 17 accompanied by a dog handler; 18 dangerous dog means a dog that is -- 19 (a) a dangerous dog (declared); or 20 (b) a dangerous dog (restricted breed); or 21 (c) a commercial security dog; 22 dangerous dog (declared) means an individual dog that 23 under section 33E(1) is declared to be a dangerous dog 24 (declared); 25 dangerous dog (restricted breed) means a dog that -- 26 (a) is of a breed prescribed by the regulations to be 27 a restricted breed; or 28 (b) is a mix of 2 or more breeds, one being a breed 29 prescribed by the regulations to be a restricted 30 breed; page 3 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 4 1 dog management facility means -- 2 (a) a facility operated by a local government that 3 is, or may be, used for keeping dogs; or 4 (b) a facility for keeping dogs that is operated by a 5 person or body prescribed; or 6 (c) a facility for keeping dogs that is operated by a 7 person or body approved in writing by a local 8 government; 9 dwelling means a place or a part of a place that is 10 ordinarily used for human habitation and it does not 11 matter that it is from time to time uninhabited; 12 effectively confined -- 13 (a) in relation to keeping a dog in premises 14 comprising a mobile home, means the mobile 15 home is designed and constructed in a way that 16 enables an occupant to prevent the dog from 17 escaping the mobile home; and 18 (b) in relation to keeping a dog in or at other 19 premises, or in any outdoor area of those 20 premises, means the premises or area is 21 bounded by a fence or barrier of a standard 22 sufficient to prevent the dog from escaping; 23 microchip means an identification device of a 24 prescribed type that -- 25 (a) is capable of being implanted in a dog; and 26 (b) is designed to record information in a way that 27 can be electronically retrieved; 28 microchip database means a database -- 29 (a) of records containing information about a dog 30 and its owner; and 31 (b) kept by a microchip database company; page 4 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 4 1 microchip database company means -- 2 (a) a person or body -- 3 (i) that keeps a microchip database; and 4 (ii) that is prescribed as a microchip 5 database company for the purposes of 6 this definition; 7 and 8 (b) in relation to a particular dog, means the 9 microchip database company that keeps, or has 10 agreed to keep, records containing information 11 about that dog and its owner; 12 microchip implanter means -- 13 (a) a prescribed person; or 14 (b) a person holding the prescribed qualifications 15 for a microchip implanter; 16 microchipped means implanted with a microchip in a 17 prescribed manner; 18 mobile home means a caravan or campervan -- 19 (a) that is ordinarily used for human habitation; 20 and 21 (b) that is permanently or semi-permanently 22 stationary in a single location; 23 owner's delegate, in relation to a registered owner, 24 means a person appointed under section 16AA as the 25 dog owner's delegate; 26 police officer means a person appointed -- 27 (a) under the Police Act 1892 Part I to be a 28 member of the Police Force of Western 29 Australia; or 30 (b) under the Police Act 1892 section 35 to be a 31 special constable; or page 5 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 4 1 (c) under the Police Act 1892 section 38B(1) to be 2 an Aboriginal police liaison officer; 3 prescribed means prescribed under regulations made 4 under this Act; 5 scan means to scan in a manner that enables a 6 microchip to be detected and the information recorded 7 to be electronically retrieved; 8 transfer, in relation to ownership of a dog, includes -- 9 (a) sell, trade, give away, take consideration for, 10 transfer ownership of and offer for sale; and 11 (b) to reclaim from a dog management facility; 12 vehicle means -- 13 (a) any thing capable of transporting people or 14 things by air, road, rail or water, irrespective of 15 whether the thing is permanently or 16 semi-permanently stationary, other than a 17 mobile home; or 18 (b) a caravan or campervan that is reasonably 19 suspected not to be permanently or 20 semi-permanently stationary in a single 21 location, 22 and it does not matter how the thing, caravan or 23 campervan is moved or propelled; 24 veterinarian means a registered veterinary surgeon as 25 defined in the Veterinary Surgeons Act 1960 section 2; 26 working, in relation to a commercial security dog, 27 means guarding or protecting premises that are not 28 dwellings and that are not the premises of the dog's 29 owner. 30 page 6 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 4 1 (3) In section 3(1) in the definition of premises delete "tenement;" 2 and insert: 3 4 tenement, and includes a mobile home; 5 6 (4) In section 3(1) in the definition of provocation: 7 (a) in paragraph (a)(iii) delete "on which" and insert: 8 9 where 10 11 (b) in paragraph (a)(iv) after "in" insert: 12 13 or on 14 15 (c) in paragraph (b)(ii) delete "on which" and insert: 16 17 where 18 19 (5) In section 3(1) in the definition of public place delete "has" and 20 insert: 21 22 may lawfully have 23 24 (6) In section 3(1) in the definition of townsite paragraph (d) delete 25 "region." and insert: 26 27 region; 28 page 7 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 5 1 (7) After section 3(2) insert: 2 3 (3) In the case of a dog that is not registered, but is 4 microchipped, a person whose name is recorded as the 5 owner of the dog in a microchip database is to be 6 taken, in the absence of evidence to the contrary, to be 7 a person by whom the dog is ordinarily kept. 8 9 5. Section 6 amended 10 Delete section 6(4) and insert: 11 12 (4) The provisions of this Act do not apply to or in relation 13 to a dog that is kept for the purposes of the Crown. 14 (5) Notwithstanding anything in this Act or any other 15 written law, a person who is a public officer is not 16 guilty of an offence by reason only that the person 17 takes a dog into a place in the performance of the 18 person's functions as a public officer. 19 (6) In subsection (5) -- 20 public officer means -- 21 (a) a police officer; or 22 (b) a prison officer as defined in the Prisons 23 Act 1981 section 3(1); or 24 (c) a contract worker as defined in the Prisons 25 Act 1981 section 15A; or 26 (d) a member of -- 27 (i) the armed forces of the Commonwealth; 28 or 29 (ii) the Australian Federal Police; or 30 (iii) the Australian Quarantine and 31 Inspection Service; or page 8 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 6 1 (iv) the Australian Customs Service; 2 or 3 (e) a person of a prescribed class. 4 5 6. Section 7 amended 6 (1) Delete section 7(1) and insert: 7 8 (1) Subject to subsections (1a) and (3), if a dog is not 9 registered under this Act or the law of another State or 10 a Territory each of the following persons commits an 11 offence -- 12 (a) the owner of the dog; 13 (b) if the dog is ordinarily kept or permitted to live 14 in or at premises in Western Australia, the 15 occupier of the premises. 16 Penalty: 17 (a) for an offence relating to a dangerous dog, a 18 fine of $10 000; 19 (b) for an offence relating to a dog other than a 20 dangerous dog, a fine of $5 000. 21 22 (2) In section 7(3): 23 (a) delete paragraph (c)(ii) and insert: 24 25 (ii) a police officer in the performance of 26 the officer's functions; or 27 (iii) any other person in the performance of a 28 function under this Act or any other 29 written law. 30 31 (b) delete paragraphs (d) and (e). page 9 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 7 1 (3) In section 7(3) after each of paragraphs (a) to (b) and (b)(i) 2 insert: 3 4 or 5 6 7. Section 8 replaced 7 Delete section 8 and insert: 8 9 8. Assistance dogs 10 (1) In this section -- 11 assistance dog means a dog -- 12 (a) that is trained or is being trained by a 13 representative of an organisation that is 14 prescribed for the purposes of this definition; or 15 (b) that is trained or is being trained by an 16 individual having the qualifications and 17 experience prescribed for the purposes of this 18 definition; or 19 (c) that is assessed by a person mentioned in 20 paragraph (a) or (b) as being competent to be an 21 assistance dog; or 22 (d) that is being assessed by a person mentioned in 23 paragraph (a) or (b) to decide whether the dog 24 is competent to be an assistance dog; or 25 (e) that has been approved, for the purposes of a 26 law of another State or a Territory, as a dog 27 whose use can alleviate or manage an effect of 28 a person's disability or medical condition; or 29 (f) that is approved by the CEO for the purposes of 30 this definition. page 10 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 7 1 (2) A person mentioned in subsection (3) -- 2 (a) is entitled to be accompanied by an assistance 3 dog, in any building or place open to or used by 4 the public, for any purpose, or in any public 5 transport; and 6 (b) is not guilty of an offence by reason only that 7 he or she takes that dog into or permits that dog 8 to enter any building or place open to or used 9 by the public or on any public transport. 10 (3) The persons to whom subsection (2) applies are as 11 follows -- 12 (a) a person who has a disability or medical 13 condition an effect of which can be alleviated 14 or managed by the use of an assistance dog; 15 (b) a person who is training or assessing an 16 assistance dog and who is a representative of an 17 organisation mentioned in the definition of 18 assistance dog paragraph (a); 19 (c) a person who is training or assessing an 20 assistance dog and who is an individual 21 mentioned in the definition of assistance dog 22 paragraph (b); 23 (d) an individual person who is approved by the 24 CEO as a person to whom subsection (2) 25 applies. 26 (4) The CEO may, on application, approve -- 27 (a) an individual person to be a person to whom 28 subsection (2) applies; or 29 (b) a particular dog to be an assistance dog for the 30 purposes of the definition in subsection (1). page 11 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 8 1 (5) An application under subsection (4) must be made in a 2 manner and form approved by the CEO and 3 accompanied by -- 4 (a) the prescribed fee, if any, for the application; 5 and 6 (b) each other thing that the CEO requires to 7 accompany the application that will enable the 8 CEO to make a decision. 9 (6) The regulations may provide for the review by the 10 State Administrative Tribunal of a decision of the CEO 11 on an application under subsection (4). 12 (7) This section applies despite any other provision of this 13 Act or other written law. 14 15 8. Sections 10AA and 10AB inserted 16 After section 10 insert: 17 18 10AA. Delegation of local government powers and duties 19 (1) A local government may, by absolute majority as 20 defined in the Local Government Act 1995 section 1.4, 21 delegate to its chief executive officer any power or 22 duty of the local government under another provision 23 of this Act. 24 (2) The delegation must be in writing. 25 (3) The delegation may expressly authorise the delegate to 26 further delegate the power or duty. 27 (4) A local government's chief executive officer who is 28 exercising or performing a power or duty that has been 29 delegated as authorised under this section, is to be 30 taken to do so in accordance with the terms of the 31 delegation unless the contrary is shown. page 12 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 9 1 (5) Nothing in this section limits the ability of a local 2 government's chief executive officer to perform a 3 function through an officer or agent. 4 10AB. Register of, and review of, delegations 5 (1) The chief executive officer of a local government is to 6 keep a register of -- 7 (a) delegations made under section 10AA(1); and 8 (b) further delegations made under the authority of 9 a delegation made under section 10AA(1). 10 (2) At least once every financial year -- 11 (a) delegations made under section 10AA(1); and 12 (b) further delegations made under the authority of 13 a delegation made under section 10AA(1), 14 are to be reviewed by the delegator. 15 16 9. Section 11 amended 17 (1) In section 11(1): 18 (a) delete "public pounds" and insert: 19 20 dog management facilities 21 22 (b) delete "those pounds" and insert: 23 24 those facilities 25 26 (2) In section 11(2) delete "pounds" and insert: 27 28 dog management facilities 29 page 13 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 10 1 10. Section 12A amended 2 (1) In section 12A(1): 3 (a) delete paragraph (a) and insert: 4 5 (a) any premises -- 6 (i) where a dog is registered to be 7 ordinarily kept; or 8 (ii) described in an application for 9 registration as those where a dog will be 10 ordinarily kept, 11 for the purpose of ascertaining whether the dog 12 is, or will be, effectively confined; or 13 14 (b) in paragraph (b) delete "on" and insert: 15 16 in or at 17 18 (2) After section 12A(3) insert: 19 20 (4) An authorised person may, at any reasonable time, 21 without a warrant and without consent, enter any 22 premises other than a dwelling where the person 23 reasonably suspects a dangerous dog to be, for the 24 purpose of ascertaining whether an offence against 25 Part VI Division 2 is being committed. 26 (5) An authorised person may, without a warrant and 27 without consent, stop, enter and search or inspect a 28 vehicle in which the person reasonably suspects a dog 29 to be, for any purpose relating to the enforcement of 30 this Act. 31 page 14 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 11 1 11. Part III heading replaced and Part III Division 1 heading 2 inserted 3 Delete the heading to Part III and insert: 4 5 Part III -- Registration and identification 6 Division 1 -- Registration 7 8 12. Section 14 replaced 9 Delete section 14 and insert: 10 11 14. Register of dogs 12 (1) A local government is to keep an accurate and 13 up-to-date register of dogs registered by the local 14 government. 15 (2) The register is to be kept in such form as the local 16 government thinks fit. 17 (3) The local government is to record in the register the 18 information prescribed in respect of each dog 19 registered by the local government. 20 (4) The local government may cause any error in, or 21 omission from, the register to be corrected. 22 23 13. Section 15 amended 24 (1) Delete section 15(2) and insert: 25 26 (2) The registration under this Act of a dog, other than a 27 dangerous dog, has effect from the date specified in the 28 registration certificate until -- 29 (a) in the case of registration for an extended 30 period prescribed under subsection (3)(b), page 15 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 13 1 31 October in the final year of that period, 2 unless cancelled sooner; or 3 (b) in the case of registration for a dog's lifetime, 4 the dog's death, unless cancelled sooner; or 5 (c) in all other cases, the next 31 October, unless 6 cancelled sooner. 7 (3A) The registration under this Act of a dangerous dog has 8 effect from the date specified in the registration 9 certificate until the next 31 October, unless cancelled 10 sooner. 11 12 (2) In section 15(3): 13 (a) in paragraph (b) after "registration" insert: 14 15 of a dog 16 17 (b) after paragraph (b) insert: 18 19 (ca) by persons who elect to effect registration for 20 the lifetime of a dog; and 21 22 (c) delete paragraph (e) and insert: 23 24 (e) in respect of a dog that is kept in an approved 25 kennel establishment licensed under section 27; 26 and 27 (f) in respect of a dog that is kept in prescribed 28 circumstances. 29 page 16 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 14 1 (3) After section 15(3) insert: 2 3 (4A) A local government may discount or waive a 4 registration fee, including a registration fee prescribed 5 under subsection (3), for any individual dog or any 6 class of dogs within its district. 7 (4B) Subsections (3) and (4A) do not apply to a dangerous 8 dog. 9 10 (4) In section 15(4) delete "a guide dog," and insert: 11 12 an assistance dog as defined in section 8(1), 13 14 (5) In section 15(3) after each of paragraphs (a) to (c) insert: 15 16 and 17 18 14. Section 16 amended 19 (1) In section 16(1) after "prescribed fee," insert: 20 21 if any, 22 23 (2) Delete section 16(1a) and insert: 24 25 (1BA) The form of application prescribed for the purposes of 26 subsection (1) shall require the applicant to provide -- 27 (a) the name, residential address and contact details 28 of the owner of the dog; and 29 (b) the address of the premises where the dog will 30 ordinarily be kept; and page 17 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 14 1 (c) a statement that the dog will be effectively 2 confined in or at those premises; and 3 (d) if the dog is microchipped -- 4 (i) the name of the microchip database 5 company for the dog; and 6 (ii) the microchip's unique identification 7 number for the dog; 8 and 9 (e) a statement as to whether the dog is kept, or is 10 to be kept, as a commercial security dog; and 11 (f) a statement as to whether the owner is subject 12 to an order under section 46A(2). 13 (1BB) Nothing in subsection (1BA) prevents a form 14 prescribed for the purposes of subsection (1) requiring 15 an applicant to provide additional information. 16 17 (3) In section 16(2)(b) after "the fee," insert: 18 19 if any, 20 21 (4) After section 16(2) insert: 22 23 (3A) If on an order under section 46A(2) a person is banned 24 from owning or keeping a dog -- 25 (a) the registration officer of the local government 26 district in which a dog is registered in the 27 person's name is to cancel the registration of 28 the dog in the person's name; and 29 (b) a registration officer of any local government is 30 not to effect or renew the registration of a dog 31 in the person's name during the period to which 32 the order applies. 33 page 18 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 15 1 (5) In section 16(3): 2 (a) delete paragraph (a) and insert: 3 4 (a) the applicant, the owner, or the registered 5 owner, as the case may be, has been convicted, 6 or has paid a modified penalty, within the 7 previous 3 years in respect of 2 or more 8 offences against any of this Act, the Cat 9 Act 2011 or the Animal Welfare Act 2002; or 10 11 (b) delete paragraph (c) and insert: 12 13 (c) the local government is not satisfied that the 14 dog is, or will be, effectively confined in or at 15 premises where the dog is, or will be, ordinarily 16 kept; or 17 (da) the dog is required under section 21 or 22 to be 18 microchipped but is not microchipped; or 19 20 (c) in paragraph (d) delete "dog; or" and insert: 21 22 dog. 23 24 (d) delete paragraph (e). 25 (6) Delete section 16(3a) and (3b). 26 15. Section 16AA inserted 27 After section 16 insert: 28 29 16AA. Owner's delegate 30 (1) The registered owner of a dog may, in writing given to 31 the local government with which the dog is registered, page 19 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 16 1 appoint a person who has reached 18 years of age to act 2 as the owner's delegate. 3 (2) A local government may deal with the owner's 4 delegate instead of the owner in the circumstances 5 specified in this Act. 6 (3) An appointment under subsection (1) must be in a 7 prescribed form. 8 (4) An appointment under subsection (1) may be 9 terminated in writing by either the registered owner or 10 the appointed person. 11 (5) An appointment under subsection (1) ceases to have 12 effect when the person who made the appointment 13 ceases to be the registered owner of the dog. 14 15 16. Section 16A amended 16 (1) In section 16A(1): 17 (a) delete "a dog" and insert: 18 19 a dog, other than a dangerous dog, 20 21 (b) delete the Penalty and insert: 22 23 Penalty: a fine of $5 000. 24 25 (2) In section 16A(2)(a) delete "subsection (1); or" and insert: 26 27 subsection (1) or section 33K(2)(c); or 28 page 20 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 17 1 17. Section 17A inserted 2 After section 16A insert: 3 4 17A. If no application for registration made 5 (1) In this section -- 6 dog means a dog -- 7 (a) that is, or is deemed under section 9 or 10(2) to 8 be, ordinarily kept in the district of the relevant 9 local government district; and 10 (b) in respect of which an application for 11 registration has not been made. 12 (2) A local government may give written notice to the 13 owner of a dog that the dog cannot be registered by the 14 local government because -- 15 (a) the owner or the registered owner, as the case 16 may be, has been convicted, or has paid a 17 modified penalty, within the previous 3 years in 18 respect of 2 or more offences against any of this 19 Act, the Cat Act 2011 or the Animal Welfare 20 Act 2002; or 21 (b) the dog has been shown to the satisfaction of 22 the local government to be destructive, unduly 23 mischievous or suffering from a contagious or 24 infectious disease; or 25 (c) the local government is not satisfied that the 26 dog is, or will be, effectively confined in or at 27 premises where the dog is, or will be, ordinarily 28 kept; or 29 (d) the dog is required under section 21 or 22 to be 30 microchipped but is not microchipped; or 31 (e) the dog is a dangerous dog. page 21 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 18 1 (3) The notice must inform the owner of the right under 2 section 17(1) to apply for a review of the decision. 3 4 18. Section 17 amended 5 (1) In section 17(1) delete "registration, the applicant or the 6 registered owner as the case may be" and insert: 7 8 registration or gives a written notice under section 17A(2), the 9 applicant or the registered owner or owner of the dog, as the 10 case may be, 11 12 (2) In section 17(4) delete "owner," and insert: 13 14 owner or owner of the dog, 15 16 19. Section 18 amended 17 In section 18(2) delete "section 15(2)(a)(ii)," and insert: 18 19 section 15(2)(a), or a lifetime registration referred to in 20 section 15(2)(b), 21 22 20. Section 20 amended 23 (1) In section 20(1) delete the Penalty and insert: 24 25 Penalty: 26 (a) for an offence relating to a dangerous dog, a 27 fine of $10 000; 28 (b) for an offence relating to a dog other than a 29 dangerous dog, a fine of $5 000. 30 page 22 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 21 1 (2) In section 20(2) delete the Penalty and insert: 2 3 Penalty: a fine of $5 000. 4 5 21. Part III Divisions 2 and 3 inserted 6 After section 20 insert: 7 8 Division 2 -- Microchipping 9 21. Dogs other than dangerous dogs to be microchipped 10 from 1 November 2013 if not already registered 11 (1) This section does not apply to a dog whose registration 12 under this Act or the law of another State or a Territory 13 is in effect on 31 October 2013. 14 (2) On and after 1 November 2013, the owner of a dog that 15 has reached 3 months of age must ensure that the dog is 16 microchipped, unless the dog is exempt from 17 microchipping. 18 Penalty: a fine of $5 000. 19 (3) A dog is exempt from microchipping if a certificate 20 given by a veterinarian stating that the implantation of 21 a microchip in the dog may adversely affect the health 22 and welfare of the dog applies in respect of the dog. 23 (4) A certificate referred to in subsection (3) cannot apply 24 in respect of a dog that is under 3 months of age. 25 22. All dangerous dogs to be microchipped 26 (1) In this section -- 27 relevant day means the last day of the period of 28 30 days beginning on the day on which the Dog 29 Amendment Act 2012 section 21 comes into operation. page 23 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 21 1 (2) After the relevant day, the owner of a dangerous dog 2 that has reached 3 months of age must ensure that the 3 dog is microchipped. 4 Penalty: 5 (a) a fine of $10 000, but the minimum penalty 6 is a fine of $500; 7 (b) for each separate and further offence 8 committed by the person under the 9 Interpretation Act 1984 section 71, a fine 10 of $500. 11 (3) Subsection (2) does not apply in relation to a dangerous 12 dog (declared) -- 13 (a) during the 7 day period after the giving of the 14 notice, required by section 33F(1), by which the 15 dog is declared a dangerous dog (declared); or 16 (b) during the period, if any, beginning when the 17 owner lodges an objection under section 33F or 18 applies for review under section 33I(1)(b) and 19 ending 7 days after the day of the determination 20 of that objection or review; or 21 (c) during the 7 day period, if any, after the giving 22 of a notice under section 33F(6)(a) as to the 23 dismissal of an objection; or 24 (d) during the period, if any, beginning when the 25 owner applies for a review under 26 section 33I(1)(a)(i) or (d) and ending 7 days 27 after the day of the determination of that 28 review. 29 (4) A dangerous dog is exempt from microchipping if a 30 certificate given by a veterinarian stating that the 31 implantation of a microchip in the dog may adversely 32 affect the health and welfare of the dog applies in 33 respect of the dog. page 24 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 21 1 (5) A certificate referred to in subsection (4) cannot apply 2 in respect of a dangerous dog that is under 3 months of 3 age. 4 (6) Nothing in subsection (3) affects the operation of 5 section 21(2) in relation to a particular dog. 6 23. Notice to be given of microchip information 7 (1) The owner of a microchipped dog must, within 7 days 8 of the microchipping, give notice in writing to the local 9 government of the district in which the dog is 10 ordinarily kept or ordinarily permitted to live of -- 11 (a) the name of the microchip database company 12 for the dog; and 13 (b) the microchip's unique identification number 14 for the dog. 15 Penalty: a fine of $5 000. 16 (2) Subsection (1) does not apply if the information has 17 been, or will be, provided with an application to the 18 local government to register the dog. 19 24. Microchip implanter to give information to 20 microchip database company 21 A microchip implanter who implants a microchip in a 22 dog must, within 7 days after the microchip is 23 implanted, give notice in writing in the form, if any, 24 prescribed of the information prescribed to the 25 microchip database company for that dog. 26 Penalty: a fine of $5 000. 27 25. Microchip database company's obligations 28 A microchip database company for a dog must keep 29 and maintain in its microchip database the information 30 prescribed under section 24 in respect of the dog. 31 Penalty: a fine of $5 000. page 25 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 21 1 26A. Interference with microchips 2 A person must not, without reasonable excuse, remove 3 or interfere with a microchip implanted in a dog. 4 Penalty: a fine of $5 000. 5 26B. Transfer of ownership of unmicrochipped dogs 6 (1) A person must not transfer the ownership of a dog that 7 is not microchipped unless, at the time of the transfer, 8 the person is satisfied that a certificate referred to in 9 section 21(3) or 22(4) applies in respect of the dog. 10 Penalty: a fine of $5 000. 11 (2) Subsection (1) applies regardless of when or whether 12 the dog was registered. 13 26C. Transfer of ownership of microchipped dogs 14 Within 7 days after the transfer of the ownership of a 15 microchipped dog, the person who effected the transfer 16 must give notice in writing to the microchip database 17 company for that dog, of -- 18 (a) the name and address of the person to whom 19 the ownership of the dog was transferred; and 20 (b) any other changes to the information prescribed 21 under section 24 in respect of the dog. 22 Penalty: a fine of $5 000. 23 Division 3 -- Changes to recorded information 24 26D. Notice to be given of changes to recorded 25 information 26 The owner of a dog must give notice in writing -- 27 (a) to the local government with which the dog is 28 registered, if there is a change to any of the page 26 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 22 1 information prescribed under section 14(3) in 2 respect of the dog; and 3 (b) to the microchip database company for that 4 dog, if there is a change to any of the 5 information prescribed under section 24 in 6 respect of the dog, 7 within 7 days after the change to the information. 8 Penalty: a fine of $5 000. 9 10 22. Section 26 amended 11 (1) Delete section 26(1) and (2) and insert: 12 13 (1) A local government may, by a local law under 14 this Act -- 15 (a) limit the number of dogs that have reached 16 3 months of age that can be kept in or at 17 premises in the local government's district; or 18 (b) limit the number of dogs of a breed specified in 19 the local law that can be kept in or at premises 20 in the local government's district. 21 (2) A local law mentioned in subsection (1) -- 22 (a) may limit the number of dogs that can be kept 23 in or at premises to 2, 3, 4, 5 or 6 only; and 24 (b) cannot prevent the keeping in or at premises of 25 one or 2 dogs that have reached 3 months of 26 age and any pup of either of those dogs under 27 that age; and 28 (c) cannot apply to dogs kept at premises that are 29 licensed under section 27 as an approved 30 kennel establishment; and 31 (d) cannot apply to dangerous dogs (declared) or 32 dangerous dogs (restricted breed). 33 page 27 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 22 1 (2) In section 26(3): 2 (a) in paragraph (a) delete "therein;" and insert: 3 4 in the exemption; and 5 6 (b) delete paragraph (b) and insert: 7 8 (b) cannot authorise the keeping in or at those 9 premises of -- 10 (i) more than 6 dogs that have reached 11 3 months of age; or 12 (ii) a dog under that age unless it is a pup of 13 a dog whose keeping is authorised by 14 the exemption; 15 and 16 17 (3) Delete section 26(4) and insert: 18 19 (4) A person must not keep in or at any premises, not 20 being licensed under section 27 as an approved kennel 21 establishment -- 22 (a) in the case of dogs that have reached 3 months 23 of age, other than dangerous dogs (declared) or 24 dangerous dogs (restricted breed), more than 25 the number of dogs than the limit imposed 26 under -- 27 (i) a local law mentioned in subsection (1); 28 or 29 (ii) an exemption granted under 30 subsection (3); 31 or page 28 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 22 1 (b) more than -- 2 (i) 2 dangerous dogs (declared); or 3 (ii) 2 dangerous dogs (restricted breed); or 4 (iii) one of each of those kinds of dangerous 5 dogs, 6 that have reached 3 months of age; or 7 (c) any pup, of a dangerous dog (restricted breed), 8 that is under 3 months of age. 9 Penalty: 10 (a) for an offence relating to a dangerous dog -- 11 (i) a fine of $10 000, but the minimum 12 penalty is a fine of $500; 13 (ii) for each separate and further offence 14 committed by the person under the 15 Interpretation Act 1984 section 71, a 16 fine of $500; 17 (b) for an offence relating to a dog other than a 18 dangerous dog -- 19 (i) a fine of $5 000; 20 (ii) for each separate and further offence 21 committed by the person under the 22 Interpretation Act 1984 section 71, a 23 fine of $100. 24 25 (4) In section 26(5)(a) delete "from the provisions of a local law 26 placing a limitation on the number of dogs that may be kept on 27 any premises; or" and insert: 28 29 under subsection (3); or 30 page 29 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 23 1 23. Section 27 amended 2 (1) Delete section 27(1) and insert: 3 4 (1) Where, under section 26(1)(a) or (b), a limit is imposed 5 on the number of dogs that can be kept in or at any 6 premises situate in a local government's district area, 7 and a person proposes to keep more than that number 8 of dogs in or at premises in that area that are not 9 exempt from the limitation, the person must apply for 10 the premises in question to be licensed as an approved 11 kennel establishment. 12 13 (2) In section 27(2) delete the Penalty and insert: 14 15 Penalty: 16 (a) a fine of $5 000; 17 (b) for each separate and further offence 18 committed by the person under the 19 Interpretation Act 1984 section 71, a fine 20 of $100. 21 22 24. Section 28 inserted 23 At the beginning of Part VI Division 1 insert: 24 25 28. Obligation to identify a dog's owner 26 (1) If the identity of the owner of a dog entering a dog 27 management facility is unknown to the operator of the 28 facility then, as soon as practicable after the dog enters 29 the facility, the operator must make every reasonable 30 attempt to identify the owner of the dog including, 31 where possible, by scanning the dog. 32 Penalty: a fine of $5 000. page 30 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 25 1 (2) Despite subsection (1), a person does not have to scan a 2 dog if -- 3 (a) the dog behaves aggressively towards the 4 person or any other person; and 5 (b) the person believes on reasonable grounds that 6 there is a danger to the health or safety of any 7 person in attempting to scan the dog. 8 9 25. Section 29 amended 10 (1) In section 29(3): 11 (a) delete paragraph (b) and insert: 12 13 (b) an attack by a dog is likely to occur; or 14 (ca) a dog is in a place in contravention of 15 section 31, 32 or 33A; or 16 (cb) an offence against section 26(4) or 27(2) is 17 being committed in respect of a dog; or 18 (cc) an offence against Division 2 is being 19 committed in respect of a dog; or 20 21 (b) in paragraph (c)(ii) delete "under this Act," and insert: 22 23 as required under section 7, 24 25 (c) in paragraph (e) delete "premises, other (unless 26 section 33G(1) applies) than a building or part of a 27 building that is used for residential purposes." and 28 insert: 29 30 premises other than a dwelling unless section 33G(1) 31 applies. 32 page 31 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 25 1 (2) After section 29(3) insert: 2 3 (4A) In relation to subsection (3)(cb), an authorised person 4 may seize and detain only the number of dogs in excess 5 of the limit imposed under -- 6 (a) a local law mentioned in section 26(1); or 7 (b) an exemption granted under section 26(3); or 8 (c) section 26(4)(b) or (c); or 9 (d) a licence under section 27(2), 10 as is applicable in the case. 11 12 (3) In section 29(5a): 13 (a) delete "has or may have caused injury or damage," and 14 insert: 15 16 (the attack dog) has or may have caused injury or 17 damage, or that a dangerous dog (restricted breed) has 18 given birth to one or more pups, 19 20 (b) delete "seize the dog" and insert: 21 22 seize the attack dog, or each pup, as is relevant to the 23 case, 24 25 (c) in paragraph (a) delete "dog is a dangerous dog," and 26 insert: 27 28 attack dog is a dangerous dog, or in the case of a pup of 29 a dangerous dog (restricted breed), 30 page 32 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 25 1 (4) In section 29(6) delete "pound maintained by a local 2 government or at premises maintained by a prescribed body," 3 and insert: 4 5 dog management facility 6 7 (5) In section 29(7): 8 (a) delete "prescribed body" and insert: 9 10 body prescribed for the purposes of the definition of dog 11 management facility in section 3(1) and 12 13 (b) delete "any premises maintained by that body for the 14 care of dogs" and insert: 15 16 a dog management facility operated by that body 17 18 (6) Delete section 29(8)(a) and (b) and insert: 19 20 (a) if the dog is wearing a registration tag or is 21 microchipped or the owner is otherwise readily 22 identifiable, the authorised person causing it to 23 be detained shall also cause notice to be given 24 to the owner, or if the notice cannot be given to 25 the owner to the owner's delegate, if any, in the 26 prescribed manner and form as soon as is 27 practicable; and 28 (b) if the dog is wearing a registration tag or is 29 microchipped or the owner is otherwise readily 30 identifiable, the dog is to be kept and 31 maintained for a period of at least 7 days next 32 following the giving of the notice under 33 paragraph (a); and page 33 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 25 1 (c) if the dog is not readily identifiable, the dog is 2 to be kept and maintained for a period of at 3 least 72 hours next following the time the 4 detention commenced, 5 6 (7) Delete section 29(8a) and insert: 7 8 (8A) Where a dog is detained under subsection (5b) and, at 9 the expiration of the period of 7 days after the 10 detention commenced (the detention period), no 11 application has been made for an order for the 12 destruction of the dog -- 13 (a) if the dog is wearing a registration tag or is 14 microchipped or the owner is otherwise readily 15 identifiable, an authorised person shall cause 16 notice to be given to the owner, or if the notice 17 cannot be given to the owner to the owner's 18 delegate, if any, in the prescribed manner and 19 form as soon as is practicable after the 20 expiration of the detention period; and 21 (b) if the dog is wearing a registration tag or is 22 microchipped or the owner is otherwise readily 23 identifiable, the dog is to be kept and 24 maintained for a period of at least 7 days next 25 following the giving of the notice under 26 paragraph (a); and 27 (c) if the dog is not readily identifiable, the dog is 28 to be kept and maintained for a period of at 29 least 72 hours next following the expiration of 30 the detention period; and 31 (d) subject to this section the dog is to be delivered 32 up to a person who produces satisfactory 33 evidence of ownership or of the person's 34 authority to take delivery of the dog; and page 34 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 25 1 (e) the owner of the dog is liable to pay the 2 reasonable cost of maintaining the dog during 3 any period after the expiration of the period of 4 7 days mentioned in paragraph (b) or 72 hours 5 mentioned in paragraph (c), as is applicable in 6 the case, but otherwise the owner is not liable 7 for any cost or charge in relation to the seizure, 8 impounding, maintaining or return of the dog. 9 10 (8) In section 29(8b) delete the passage that begins with 11 "subsection (8a)(a)," and continues to the end of the subsection 12 and insert: 13 14 subsection (8A)(a), (b), (c) and (e) apply in relation to the dog 15 as if the determination of the application were the expiration of 16 the detention period. 17 18 (9) In subsection 29(8c) delete "subsection (8a)(c), or under 19 subsection (8a)(c)" and insert: 20 21 subsection (8A)(e), or under subsection (8A)(e) 22 23 (10) In section 29(10): 24 (a) in paragraph (d) delete "applies," and insert: 25 26 applies; or 27 28 (b) after paragraph (d) insert: 29 30 (e) an authorised person is satisfied that to deliver 31 up the dog under subsection (8) or (8A) would 32 create circumstances that give rise to an offence 33 against this Act, 34 page 35 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 26 1 (11) In section 29(3) after paragraph (a) insert: 2 3 or 4 5 Note: The heading to amended section 29 is to read: 6 Power to seize dogs 7 26. Section 30A inserted 8 After section 29 insert: 9 10 30A. Operator of dog management facility may have dog 11 microchipped at owner's expense 12 (1) The operator of a dog management facility may do 13 anything necessary to ensure that a dog kept at the 14 facility is microchipped before the dog is reclaimed or 15 otherwise transferred from the facility if the 16 operator -- 17 (a) believes on reasonable grounds that the dog is 18 required under section 21 or 22 to be 19 microchipped but is not microchipped; and 20 (b) has no reason to believe that the dog is exempt 21 from microchipping as referred to in 22 section 21(3) or 22(4). 23 (2) The owner of a dog kept at a dog management facility 24 is liable to pay to the operator of the facility the 25 reasonable costs associated with the implantation of a 26 microchip in the dog under subsection (1). 27 (3) The operator of a dog management facility may 28 recover the amount of the costs referred to in 29 subsection (2) from the owner of the dog in a court of 30 competent jurisdiction. 31 page 36 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 27 1 27. Section 30 amended 2 (1) Delete section 30(1) and insert: 3 4 (1) A dog must not be in a public place unless it is wearing 5 a collar to which is securely attached a registration tag 6 that complies with section 18. 7 8 (2) In section 30(2): 9 (a) delete "against that subsection unless he" and insert: 10 11 unless the person 12 13 (b) delete the Penalty and insert: 14 15 Penalty: a fine of $5 000. 16 17 (3) Delete section 30(3)(b) and (c). 18 (4) Delete section 30(4) and insert: 19 20 (4) This section does not apply to a dangerous dog. 21 22 28. Section 31 amended 23 (1) After section 31(1) insert: 24 25 (2A) Despite subsection (1), a dog shall not be in a public 26 place -- 27 (a) at all if the place is specified under 28 subsection (2B) as a place where dogs are 29 prohibited at all times; or page 37 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 28 1 (b) at a time when the place is specified under 2 subsection (2B) as a place where dogs are 3 prohibited at that time. 4 (2B) A local government may, by absolute majority as 5 defined in the Local Government Act 1995 section 1.4, 6 specify a public place, or a class of public place, that is 7 under the care, control or management of the local 8 government to be a place where dogs are prohibited -- 9 (a) at all times; or 10 (b) at specified times. 11 12 (2) In section 31(2): 13 (a) delete paragraphs (a) and (b) and insert: 14 15 (a) it is in a dog exercise area specified under 16 subsection (3A); or 17 (b) it is in a public place that is in an area of the 18 State outside the metropolitan region or outside 19 a townsite, and that is not a rural leashing area 20 specified under subsection (3B); or 21 22 (b) in paragraph (c) delete "vehicle or boat;" and insert: 23 24 vehicle; or 25 26 (c) in paragraph (g) delete "registered". 27 (3) After section 31(2) insert: 28 29 (3A) A local government may, by absolute majority as 30 defined in the Local Government Act 1995 section 1.4, 31 specify a public place, or a class of public place, that is page 38 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 28 1 under the care, control or management of the local 2 government to be a dog exercise area. 3 (3B) A local government may, by absolute majority as 4 defined in the Local Government Act 1995 section 1.4, 5 specify a public place that is under the care, control or 6 management of the local government to be a rural 7 leashing area. 8 (3C) At least 28 days before specifying a place to be -- 9 (a) a place where dogs are prohibited at all times or 10 at a time specified under subsection (2B); or 11 (b) a dog exercise area under subsection (3A); or 12 (c) a rural leashing area under subsection (3B), 13 a local government must give local public notice as 14 defined in the Local Government Act 1995 section 1.7 15 of its intention to so specify. 16 17 (4) In section 31(3): 18 (a) delete "every person liable for the control of the dog at 19 that time commits an offence against that subsection 20 unless he" and insert: 21 22 or (2A), every person liable for the control of the dog at 23 that time commits an offence unless the person 24 25 (b) delete the Penalty and insert: 26 27 Penalty: a fine of $5 000. 28 29 (5) After section 31(3) insert: 30 31 (4) This section does not apply to a dangerous dog. page 39 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 29 1 (5) A local government must specify under 2 subsection (3A) such dog exercise areas as are, in the 3 opinion of the local government, sufficient in number, 4 and suitable, for the exercising of dogs in the district. 5 6 (6) In section 31(2) after each of paragraphs (d) to (f) insert: 7 8 or 9 10 29. Section 32 amended 11 (1) Delete section 32(1) and insert: 12 13 (1) A dog shall not be in -- 14 (a) a dog exercise area specified under 15 section 31(3A); or 16 (b) a public place that is in an area of the State 17 outside the metropolitan region or outside a 18 townsite, and that is not a rural leashing area 19 specified under section 31(3B), 20 unless -- 21 (c) the dog is being held in the way referred to in 22 section 31(1)(a); or 23 (d) the dog is being tethered in the way referred to 24 in section 31(1)(b); or 25 (e) the dog is not a greyhound and is being 26 supervised by a competent person who is in 27 reasonable proximity to the dog. 28 page 40 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 30 1 (2) In section 32(4): 2 (a) delete "against that subsection unless he" and insert: 3 4 unless the person 5 6 (b) delete the Penalty and insert: 7 8 Penalty: a fine of $5 000. 9 10 (3) Delete section 32(5) and insert: 11 12 (5) This section does not apply to a dangerous dog. 13 14 30. Section 33 amended 15 (1) Delete section 33(1) and insert: 16 17 (1) A greyhound must be muzzled in such a manner as will 18 prevent it from biting a person or animal unless -- 19 (a) it is in or at premises occupied by its owner; or 20 (b) it has successfully completed a prescribed 21 training programme. 22 23 (2) In section 33(3): 24 (a) delete "against that subsection unless he" and insert: 25 26 unless the person 27 28 (b) delete the Penalty and insert: 29 30 Penalty: a fine of $5 000. 31 page 41 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 31 1 (3) After section 33(3) insert: 2 3 (4) This section does not apply to a dangerous dog. 4 5 31. Section 33A amended 6 (1) Delete section 33A(1)(b) and insert: 7 8 (b) in the case of a dangerous dog, it is controlled 9 as required by section 33GA(6), (7) and (8); or 10 (c) in the case of a dog other than a dangerous dog, 11 it is held or tethered as required by 12 section 31(1). 13 14 (2) In section 33A(2)(b) delete "vehicle or boat." and insert: 15 16 vehicle. 17 18 (3) In section 33A(3): 19 (a) delete "against that subsection unless he" and insert: 20 21 unless the person 22 23 (b) delete the Penalty and insert: 24 25 Penalty: 26 (a) for an offence relating to a dangerous dog, a 27 fine of $10 000, but the minimum penalty is 28 a fine of $500; 29 (b) for an offence relating to a dog other than a 30 dangerous dog, a fine of $5 000. 31 page 42 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 32 1 32. Section 33B amended 2 In section 33B delete "of contravening section 30(1), 31(1), 3 32(1), 33(1) or 33A(1)" and insert: 4 5 under section 30(2), 31(3), 32(4), 33(3) or 33A(3) 6 7 Note: The heading to amended section 33B is to read: 8 Defences applicable to offences under this Division 9 33. Section 33D amended 10 (1) Delete section 33D(1) and insert: 11 12 (1) If a dog attacks or chases any person or animal and 13 physical injury is caused to the person or animal that is 14 attacked or chased, every person liable for the control 15 of the dog commits an offence. 16 Penalty: 17 (a) for an offence relating to a dangerous dog, a 18 fine of $20 000, but the minimum penalty is 19 a fine of $1 000; 20 (b) for an offence relating to a dog other than a 21 dangerous dog, a fine of $10 000. 22 (2A) If a dog attacks or chases any person or animal without 23 causing physical injury to the person or animal that is 24 attacked or chased, every person liable for the control 25 of the dog commits an offence. 26 Penalty: 27 (a) for an offence relating to a dangerous dog, a 28 fine of $10 000, but the minimum penalty is 29 a fine of $500; 30 (b) for an offence relating to a dog other than a 31 dangerous dog, a fine of $3 000. page 43 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 33 1 (2B) It is a defence to a charge of an offence under 2 subsection (1) or (2A) if the person charged satisfies 3 the court -- 4 (a) in the case of any person, that the dog was 5 being used in good faith in the reasonable 6 defence of any person or property or for the 7 droving or removal of any animal found 8 trespassing; or 9 (b) in the case of the occupier of premises where 10 the dog is ordinarily kept or ordinarily 11 permitted to live, that at the material time the 12 dog was owned by another person who had 13 reached 18 years of age, and who is identified 14 by the person charged; or 15 (c) in the case of the owner, that at the material 16 time the dog was in the possession or control of 17 another person without the owner's consent, 18 express or implied. 19 20 (2) In section 33D(2): 21 (a) delete "any animal owned by or in the charge of another 22 person," and insert: 23 24 animal, 25 26 (b) delete the Penalty and insert: 27 28 Penalty: 29 (a) for an offence relating to a dangerous dog, a 30 fine of $20 000 and imprisonment for 31 2 years, but the minimum penalty is a fine 32 of $1 000; page 44 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 34 1 (b) for an offence relating to a dog other than a 2 dangerous dog, a fine of $10 000 and 3 imprisonment for 12 months. 4 5 (3) After section 33D(2) insert: 6 7 (3) Nothing in this section affects -- 8 (a) the duty that a person, who has a dog in the 9 person's charge or under the person's control, 10 has under The Criminal Code section 266(2); or 11 (b) the operation of The Criminal Code 12 section 266(2) or Chapter XXVIII or XXIX, or 13 any other law in relation to the consequences of 14 omitting to perform that duty. 15 16 34. Section 33E amended 17 (1) In section 33E(1) delete "a dog to be a dangerous dog" and 18 insert: 19 20 an individual dog to be a dangerous dog (declared) 21 22 (2) In section 33E(3) delete "dangerous dog," and insert: 23 24 dangerous dog (declared), 25 26 Note: The heading to amended section 33E is to read: 27 Individual dog may be declared to be a dangerous dog (declared) page 45 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 35 1 35. Section 33F amended 2 (1) In section 33F(1): 3 (a) after "dangerous dog" insert: 4 5 (declared) 6 7 (b) delete "dog, and may by that notice impose an order as 8 to control requirements in respect of the". 9 (2) In section 33F(2): 10 (a) in paragraph (b) delete "declaration or as to any control 11 requirement imposed, or as to both; and" and insert: 12 13 declaration. 14 15 (b) delete paragraph (c). 16 (3) Delete section 33F(3), (4) and (5) and insert: 17 18 (3) Whether or not an objection is lodged or application for 19 review is made, the declaration of a dog as a dangerous 20 dog (declared) has effect 7 days after the giving of a 21 notice under subsection (1). 22 23 (4) Delete section 33F(8) and (9). 24 (5) In section 33F(2) after paragraph (a) insert: 25 26 and 27 28 Note: The heading to amended section 33F is to read: 29 Owner to be notified of making of declaration page 46 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 36 1 36. Sections 33GA to 33GE inserted 2 After section 33F insert: 3 4 33GA. Offences relating to dangerous dogs 5 (1) Every person liable for the control of -- 6 (a) a commercial security dog must ensure that the 7 dog wears a collar of a kind prescribed to be 8 worn by commercial security dogs with 9 information attached to or endorsed on the 10 collar in accordance with the regulations; or 11 (b) a dangerous dog other than a commercial 12 security dog must ensure that the dog wears a 13 collar of a kind prescribed to be worn by 14 dangerous dogs other than commercial security 15 dogs with information attached to or endorsed 16 on the collar in accordance with the regulations. 17 Penalty: 18 (a) a fine of $10 000, but the minimum penalty 19 is a fine of $500; 20 (b) for each separate and further offence 21 committed by the person under the 22 Interpretation Act 1984 section 71, a fine 23 of $500. 24 (2) Every person liable for the control of a dangerous dog 25 must ensure that the enclosure within which the dog is 26 confined is constructed to -- 27 (a) prevent the dog from escaping; and page 47 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 36 1 (b) prevent a child who has not reached 7 years of 2 age from entering, or inserting any part of its 3 body into, the enclosure without the help of an 4 adult. 5 Penalty: 6 (a) a fine of $10 000, but the minimum penalty 7 is a fine of $500; 8 (b) for each separate and further offence 9 committed by the person under the 10 Interpretation Act 1984 section 71, a fine 11 of $500. 12 (3) Subsection (2)(b) does not apply to a commercial 13 security dog when it is working but otherwise 14 subsection (2) applies to a dangerous dog whether or 15 not the enclosure is at the premises where the dog is 16 ordinarily kept or ordinarily permitted to live. 17 (4) When a commercial security dog is working at 18 premises, every person liable for the control of the dog 19 and the person who arranges for the dog to guard or 20 protect the premises must ensure that -- 21 (a) the dog is confined to the premises and the 22 enclosure within which the dog is confined is 23 constructed to prevent the dog from escaping; 24 and 25 (b) during any time that a person other than the 26 dog's handler has lawful access to the area in 27 which the dog is working, the dog -- 28 (i) is confined to an enclosure that is 29 constructed to prevent a child who has 30 not reached 7 years of age from 31 entering, or inserting any part of its 32 body into, the enclosure without the 33 help of an adult; or page 48 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 36 1 (ii) wears a muzzle and is -- 2 (I) held by a person who has 3 reached 18 years of age who is 4 capable of controlling the dog; 5 or 6 (II) securely tethered on a 7 temporary basis, 8 by means of a chain, cord, leash or 9 harness of sufficient strength and not 10 exceeding the prescribed length. 11 Penalty: 12 (a) a fine of $10 000, but the minimum penalty 13 is a fine of $500; 14 (b) for each separate and further offence 15 committed by the person under the 16 Interpretation Act 1984 section 71, a fine 17 of $500. 18 (5) The occupier of the premises where a dangerous dog is 19 ordinarily kept or ordinarily permitted to live must 20 ensure that a warning sign, of a prescribed kind, is 21 displayed at each entrance to the premises. 22 Penalty: 23 (a) a fine of $10 000, but the minimum penalty 24 is a fine of $500; 25 (b) for each separate and further offence 26 committed by the person under the 27 Interpretation Act 1984 section 71, a fine 28 of $500. page 49 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 36 1 (6) When a dangerous dog is not confined in an enclosure, 2 every person liable for the control of the dog must 3 ensure that the dog wears a muzzle. 4 Penalty: 5 (a) a fine of $10 000, but the minimum penalty 6 is a fine of $500; 7 (b) for each separate and further offence 8 committed by the person under the 9 Interpretation Act 1984 section 71, a fine 10 of $500. 11 (7) When a dangerous dog is not confined in an enclosure, 12 every person liable for the control of the dog must 13 ensure that the dog is -- 14 (a) held by a person who is capable of controlling 15 the dog; or 16 (b) securely tethered for a temporary purpose, 17 by means of a chain, cord, leash or harness of sufficient 18 strength and not exceeding the prescribed length. 19 Penalty: 20 (a) a fine of $10 000, but the minimum penalty 21 is a fine of $500; 22 (b) for each separate and further offence 23 committed by the person under the 24 Interpretation Act 1984 section 71, a fine 25 of $500. 26 (8) When a dangerous dog is not confined in an enclosure, 27 every person liable for the control of the dog must 28 ensure that the dog is controlled by a person who has 29 reached 18 years of age. 30 Penalty: 31 (a) a fine of $10 000, but the minimum penalty 32 is a fine of $500; page 50 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 36 1 (b) for each separate and further offence 2 committed by the person under the 3 Interpretation Act 1984 section 71, a fine 4 of $500. 5 (9) Every person liable for the control of a dangerous dog 6 must ensure that the dog is not in a public place -- 7 (a) at all if the place is specified under 8 section 31(2B) as a place where dogs are 9 prohibited at all times; or 10 (b) at a time when the place is specified under 11 section 31(2B) as a place where dogs are 12 prohibited at that time. 13 Penalty: 14 (a) a fine of $10 000, but the minimum penalty 15 is a fine of $500; 16 (b) for each separate and further offence 17 committed by the person under the 18 Interpretation Act 1984 section 71, a fine 19 of $500. 20 (10) Every person liable for the control of a dangerous dog 21 must ensure that the dog -- 22 (a) does not kill a person; and 23 (b) does not endanger the life of a person. 24 (11) A person who contravenes subsection (10) is guilty of a 25 crime. 26 Penalty: imprisonment for 10 years. page 51 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 36 1 33GB. Dangerous dogs (restricted breed) to be sterilised 2 (1) The owner of a dangerous dog (restricted breed) that 3 has reached 3 months of age must ensure that the dog is 4 sterilised. 5 Penalty: 6 (a) a fine of $10 000, but the minimum penalty 7 is a fine of $500; 8 (b) for each separate and further offence 9 committed by the person under the 10 Interpretation Act 1984 section 71, a fine 11 of $500. 12 (2) It is a defence to a charge of an offence under 13 subsection (1) if the person charged satisfies the court 14 that the dog -- 15 (a) has a physical condition that is likely to cause 16 the dog to die if it is sterilised; or 17 (b) is sterile. 18 33GC. Restrictions on transferring ownership of 19 dangerous dogs (restricted breed) 20 (1) In this section -- 21 restricted breed pup means a pup -- 22 (a) having at least one parent that is a dangerous 23 dog (restricted breed); and 24 (b) that is under 3 months of age. 25 (2) A person must not advertise a dangerous dog 26 (restricted breed) or a restricted breed pup as being for 27 sale or otherwise available for transfer of ownership. 28 Penalty: a fine of $10 000, but the minimum penalty is 29 a fine of $500. page 52 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 36 1 (3) A person must not sell a dangerous dog (restricted 2 breed) or a restricted breed pup to another person. 3 Penalty: a fine of $10 000, but the minimum penalty is 4 a fine of $500. 5 (4) A person must not otherwise transfer the ownership of 6 a dangerous dog (restricted breed) or a restricted breed 7 pup to another person unless -- 8 (a) the dog or pup forms part of a deceased estate 9 and its ownership is transferred by the executor 10 of the will in relation to, or the administrator 11 for, the estate; or 12 (b) the owner of the dog or pup is certified, by a 13 person registered under a written law as a 14 medical practitioner, as being not capable of 15 caring for the dog or fulfilling the 16 responsibilities that an owner of a dangerous 17 dog (restricted breed) has under this Act. 18 Penalty: a fine of $10 000, but the minimum penalty is 19 a fine of $500. 20 (5) A person must not -- 21 (a) buy a dangerous dog (restricted breed) or a 22 restricted breed pup from another person; or 23 (b) otherwise accept the ownership of a dangerous 24 dog (restricted breed) or a restricted breed pup 25 from another person except in the 26 circumstances mentioned in subsection (4)(a) 27 or (b). 28 Penalty: a fine of $10 000, but the minimum penalty is 29 a fine of $500. 30 (6) It is a defence to a charge of an offence under 31 subsection (5) in relation to a restricted breed pup if the 32 person charged satisfies the court that the person did page 53 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 36 1 not know and did not have reasonable cause to believe 2 that the dog was a restricted breed pup. 3 33GD. Dangerous dogs (restricted breed) not to be bred 4 A person must not -- 5 (a) breed a dangerous dog (restricted breed); or 6 (b) breed from a dangerous dog (restricted breed). 7 Penalty: a fine of $10 000, but the minimum penalty is 8 a fine of $500. 9 33GE. Prohibition on transfer of ownership of dangerous 10 dogs (declared) to persons under 18 11 (1) In this section -- 12 receiver means a person to whom -- 13 (a) a dangerous dog (declared) is sold; or 14 (b) the ownership of a dangerous dog (declared) is 15 otherwise transferred; 16 relevant time means the time at which an offence under 17 subsection (2) is alleged to have been committed. 18 (2) A person must not sell, or otherwise transfer the 19 ownership of, a dangerous dog (declared) to a person 20 who has not reached 18 years of age. 21 Penalty: a fine of $10 000, but the minimum penalty is 22 a fine of $500. 23 (3) It is a defence to a charge of an offence under 24 subsection (2) if the person charged satisfies the court 25 that -- 26 (a) at or before the relevant time the receiver had 27 produced to the person charged evidence that 28 the receiver had reached 18 years of age; and page 54 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 37 1 (b) at the relevant time the person charged had no 2 reason to believe that the receiver had not 3 reached 18 years of age. 4 (4) For the purposes of subsection (3)(a) the following 5 documents can be used as evidence that a person has 6 reached 18 years of age -- 7 (a) a current passport; 8 (b) a current Australian driver's licence; 9 (c) a prescribed document, 10 that bears a photograph of the person and indicates by 11 reference to the person's date of birth or otherwise that 12 the person has reached 18 years of age. 13 14 37. Section 33G amended 15 (1) After section 33G(1) insert: 16 17 (2A) An authorised person or a police officer who has 18 reasonable grounds to believe that a dangerous dog 19 (restricted breed) has given birth to one or more pups 20 may -- 21 (a) enter any premises under a warrant issued 22 under section 29(5a) or with the consent of an 23 adult occupier of the premises; and 24 (b) seize each pup; and 25 (c) detain each pup under section 29(3). 26 27 (2) In section 33G(2) delete "so detained pursuant to 28 subsection (1)" and insert: 29 30 detained as mentioned in subsection (1) or (2A) 31 page 55 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 38 1 38. Section 33H amended 2 (1) Delete section 33H(1)(a) and insert: 3 4 (a) a notice under section 33F(1) declaring a dog to 5 be a dangerous dog (declared); or 6 7 (2) In section 33H(3)(a) delete "notice, declaration or proposal" and 8 insert: 9 10 notice 11 12 Note: The heading to amended section 33H is to read: 13 Local government may revoke a declaration or proposal to 14 destroy 15 39. Section 33I amended 16 (1) In section 33I(1)(a)(i) delete "the declaration or control 17 requirements" and insert: 18 19 a declaration 20 21 (2) In section 33I(1)(b) delete "dangerous dog," and insert: 22 23 dangerous dog (declared), 24 page 56 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 40 1 40. Section 33J amended 2 (1) In section 33J: 3 (a) delete "An order imposing control requirements in 4 relation to a dog" and insert: 5 6 A notice declaring a dog to be a dangerous dog 7 (declared) 8 9 (b) delete paragraphs (b), (c) and (d) and insert: 10 11 (b) the notice is revoked by the local government; 12 or 13 (c) the decision pursuant to which the notice was 14 given is quashed by the State Administrative 15 Tribunal, 16 17 (2) In section 33J after paragraph (a) insert: 18 19 or 20 21 Note: The heading to amended section 33J is to read: 22 Duration of a declaration 23 41. Section 33K amended 24 (1) Delete section 33K(1) and insert: 25 26 (1) The owner of a dangerous dog must ensure that every 27 person liable for the control of the dog is aware of the 28 person's responsibilities under this Division. 29 Penalty: a fine of $10 000, but the minimum penalty is 30 a fine of $500. 31 page 57 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 41 1 (2) At the end of section 33K(2) insert: 2 3 Penalty: 4 (a) a fine of $10 000, but the minimum penalty 5 is a fine of $500; 6 (b) for each separate and further offence 7 committed by the person under the 8 Interpretation Act 1984 section 71, a fine 9 of $500. 10 11 (3) In section 33K(3): 12 (a) delete "by which the dog was declared to be a dangerous 13 dog," and insert: 14 15 with which the dog is registered, 16 17 (b) at the end of subsection (3) insert: 18 19 Penalty: a fine of $10 000, but the minimum penalty is 20 a fine of $500. 21 22 (4) Delete section 33K(4) and insert: 23 24 (4) On or before the change of ownership of a dangerous 25 dog (declared), the person transferring ownership must 26 give to the person to whom ownership is to be 27 transferred -- 28 (a) written notice that the dog is a dangerous dog 29 for the purposes of this Act; and 30 (b) a copy of the notice given under section 33F(1). 31 Penalty: a fine of $10 000, but the minimum penalty is 32 a fine of $500. page 58 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 42 1 (5A) On or before the change of ownership of a dangerous 2 dog (restricted breed) or a commercial security dog, the 3 person transferring ownership must give, to the person 4 to whom ownership is to be transferred, written notice 5 that the dog is a dangerous dog for the purposes of 6 this Act. 7 Penalty: a fine of $10 000, but the minimum penalty is 8 a fine of $500. 9 10 (5) At the end of section 33K(5) insert: 11 12 Penalty: a fine of $5 000. 13 14 (6) In section 33K(2) after each of paragraphs (a) and (b) insert: 15 16 or 17 18 42. Section 33L replaced 19 Delete section 33L and insert: 20 21 33L. Defences applicable to this Division 22 It is a defence to a charge of an offence under this 23 Division if the person charged satisfies the court -- 24 (a) in the case of any person (including a person 25 referred to in paragraph (b), (c) or (d)), that the 26 person took all reasonable precautions and 27 exercised all due diligence to avoid the 28 contravention; or 29 (b) in the case of any person other than the owner 30 of the dog to which the charge relates, that the 31 person did not know and did not have page 59 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 43 1 reasonable cause to believe that the dog was a 2 dangerous dog for the purposes of this Act; or 3 (c) in the case of a person who is the occupier of 4 premises where the dog to which the charge 5 relates is ordinarily kept or ordinarily permitted 6 to live, that at the material time the dog was 7 owned by another person who had reached 8 18 years of age, and who is identified by the 9 person charged; or 10 (d) in the case of a person who is the owner of the 11 dog to which the charge relates (owner), that at 12 the material time the dog was in the possession 13 or control of another person without the 14 owner's consent, express or implied. 15 16 43. Section 33M amended 17 In section 33M(1): 18 (a) delete "dangerous dog," and insert: 19 20 dangerous dog (declared), 21 22 (b) in paragraph (a) delete the passage that begins with 23 "dog," and continues to the end of the paragraph and 24 insert: 25 26 dog and the manner and place in which it is from time to 27 time kept; or 28 29 44. Section 34 amended 30 In section 34(4) after "Penalty:" insert: 31 32 a fine of 33 page 60 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 45 1 45. Section 36 deleted 2 Delete section 36. 3 46. Section 38 replaced 4 Delete section 38 and insert: 5 6 38. Nuisance dogs 7 (1) For the purposes of this section, a dog is a nuisance if 8 the dog -- 9 (a) makes a noise, by barking or otherwise, that 10 persistently occurs or continues to such a 11 degree or extent that it unreasonably interferes 12 with the peace, comfort or convenience of any 13 person in any place; or 14 (b) is shown to be allowed to behave consistently 15 in a manner contrary to the general interest of 16 the community; or 17 (c) makes a noise, by barking or otherwise, that 18 exceeds -- 19 (i) a prescribed noise level measured by a 20 prescribed method over a prescribed 21 period of time; or 22 (ii) a prescribed number of times of 23 occurrence during or over a prescribed 24 period of time. 25 (2) A person may lodge a complaint in a prescribed form 26 with an authorised person, alleging that a dog is a 27 nuisance. 28 (3) If an authorised person is satisfied that a dog is a 29 nuisance as alleged in a complaint, the authorised 30 person may issue an order to a person liable for the 31 control of the dog requiring that person to prevent the page 61 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 47 1 behaviour that is alleged to constitute the nuisance by a 2 time specified in the order. 3 (4) An order has effect for 6 months after the day on which 4 it is issued. 5 (5) A person to whom an order is issued must comply with 6 the order during the period in which it has effect. 7 Penalty: 8 (a) for an offence relating to a dangerous dog -- 9 (i) a fine of $10 000, but the minimum 10 penalty is a fine of $500; 11 (ii) for each separate and further offence 12 committed by the person under the 13 Interpretation Act 1984 section 71, a 14 fine of $500; 15 (b) for an offence relating to a dog other than a 16 dangerous dog, a fine of $5 000. 17 (6) This section does not apply to a dog while that dog is 18 kept at an establishment licensed as an approved 19 kennel establishment under section 27. 20 21 47. Section 39 amended 22 In section 39(3) delete the Penalty and insert: 23 24 Penalty: a fine of $5 000. 25 page 62 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 48 1 48. Section 43 amended 2 (1) In section 43(1) delete the Penalty and insert: 3 4 Penalty: 5 (a) for an offence relating to a dangerous dog -- 6 (i) a fine of $10 000, but the minimum 7 penalty is a fine of $500; 8 (ii) for each separate and further offence 9 committed by the person under the 10 Interpretation Act 1984 section 71, a 11 fine of $500; 12 (b) for an offence relating to a dog other than a 13 dangerous dog, a fine of $5 000. 14 15 (2) In section 43(2) delete the Penalty and insert: 16 17 Penalty: 18 (a) for an offence relating to a dangerous dog -- 19 (i) a fine of $10 000, but the minimum 20 penalty is a fine of $500; 21 (ii) for each separate and further offence 22 committed by the person under the 23 Interpretation Act 1984 section 71, a 24 fine of $500; 25 (b) for an offence relating to a dog other than a 26 dangerous dog, a fine of $5 000. 27 page 63 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 49 1 49. Section 43A amended 2 In section 43A: 3 (a) delete "name" and insert: 4 5 name, date of birth 6 7 (b) delete the Penalty and insert: 8 9 Penalty: 10 (a) for an offence relating to a dangerous dog, a 11 fine of $10 000, but the minimum penalty is 12 a fine of $500; 13 (b) for an offence relating to a dog other than a 14 dangerous dog, a fine of $5 000. 15 16 50. Section 44 amended 17 After section 44(3) insert: 18 19 (4) Despite subsection (2), a prosecution of an offence 20 against section 33GA(10) can be commenced only by a 21 police officer. 22 (5) Subsections (2) and (4) do not limit the functions of the 23 Director of Public Prosecutions under the Director of 24 Public Prosecutions Act 1991 section 11. 25 page 64 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 51 1 51. Section 45 amended 2 Delete section 45(1) and insert: 3 4 (1) In any proceeding for an offence against this Act in 5 relation to a specified dog -- 6 (a) an averment in a prosecution notice alleging an 7 offence against this Act that at a particular 8 time -- 9 (i) a specified person was the registered 10 owner of the dog; or 11 (ii) the dog was ordinarily kept by a 12 specified person; or 13 (iii) a specified person had the dog in the 14 person's possession or under the 15 person's control; or 16 (iv) a specified person was the occupier of 17 any premises where the dog was 18 ordinarily kept or ordinarily permitted 19 to live; or 20 (v) the dog was not registered; or 21 (vi) the dog was of a particular breed or was 22 a mix of particular breeds; or 23 (vii) the dog was not sterilised; or 24 (viii) the dog was not microchipped; or 25 (ix) that a specified person's name was 26 recorded as the owner of the dog in a 27 microchip database; or 28 (x) that a specified database was a 29 microchip database; or 30 (xi) that a specified person or body was a 31 microchip database company in relation 32 to the dog; or page 65 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 52 1 (xii) the dog had reached 3 months of age; or 2 (xiii) the dog was under 3 months of age; or 3 (xiv) the dog was the pup of a particular dog, 4 is evidence of that fact; and 5 (b) the onus of proving that at a particular time the 6 dog was registered, sterilised, microchipped or 7 was under the age of 3 months lies on the 8 person making that assertion. 9 (2A) In any proceedings, whether civil or criminal, the onus 10 of proving that a particular dog was not a dangerous 11 dog (restricted breed) lies on the person making that 12 assertion. 13 14 52. Section 45A amended 15 Delete section 45A(1), (2) and (3) and insert: 16 17 (1) Regulations may provide for a modified penalty for an 18 offence -- 19 (a) against a provision of this Act, other than the 20 regulations, for which the maximum penalty 21 does not exceed $10 000; or 22 (b) a regulation made under section 48 or 54. 23 (2) Local laws may provide for a modified penalty for an 24 offence against those local laws. 25 (3) A modified penalty for an offence must not exceed 26 10% of the maximum penalty for that offence. 27 page 66 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 53 1 53. Section 46A inserted 2 At the end of Part VII insert: 3 4 46A. Order to attend a dog training course, ban on 5 owning or keeping dogs 6 (1) A court that convicts a person of -- 7 (a) an offence against this Act for which there is a 8 minimum penalty may, in addition to imposing 9 a penalty, order the person to attend with the 10 dog and complete a dog training course 11 specified in the order; or 12 (b) any other offence against this Act may, as an 13 alternative to or in addition to, imposing a 14 penalty, order the person to attend with the dog 15 and complete a dog training course specified in 16 the order. 17 (2) If -- 18 (a) a court convicts a person of an offence against 19 this Act; and 20 (b) the person has previously been convicted of 21 2 or more offences against this Act, 22 the court may, in addition to imposing the penalty for 23 the offence referred to in paragraph (a), order that the 24 person is banned from owning or keeping a dog 25 permanently or for a period specified in the order. 26 (3) A court that makes an order made under subsection (1) 27 or (2) is to provide a copy of the order to -- 28 (a) the local government for the district in which 29 the person subject to the order lives; and 30 (b) the CEO. page 67 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 54 1 (4) A person who does not comply with an order made 2 under subsection (1) or (2) is guilty of contempt of 3 court. 4 (5) A person who is guilty of contempt of court under 5 subsection (4) may be summarily convicted by the 6 Court and on conviction is liable to imprisonment for a 7 term not exceeding 12 months, or to a fine not 8 exceeding $5 000, or to both, or in default of 9 immediate payment of the fine imposed, to 10 imprisonment -- 11 (a) until the fine is paid; or 12 (b) for a term not exceeding 12 months, 13 whichever may be the shorter period. 14 15 54. Section 47 replaced 16 Delete section 47 and insert: 17 18 47. Veterinary service expenses recoverable from local 19 government 20 (1) In this section -- 21 representative, in relation to a local government, 22 means -- 23 (a) an authorised person appointed by the local 24 government; or 25 (b) an employee of the local government, 26 who, at the relevant time, is performing a function on 27 behalf of the local government. 28 (2) A local government is liable to pay for the veterinary 29 services requested in respect of a dog by a 30 representative of the local government. page 68 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 55 1 (3) A veterinarian who provides services in respect of a 2 dog at the request of a local government's 3 representative may recover the amount of the costs for 4 the services from the local government in a court of 5 competent jurisdiction. 6 7 55. Section 50 amended 8 In section 50(2) delete "$2 000" and insert: 9 10 $5 000 11 12 Note: The heading to amended section 50 is to read: 13 General provisions relating to regulations and local laws 14 56. Section 51 amended 15 In section 51: 16 (a) delete paragraphs (b), (ba) and (bb); 17 (b) in paragraph (d) delete "on which" and insert: 18 19 where 20 21 (c) in paragraph (e) delete "pounds" and insert: 22 23 dog management facilities 24 25 (d) delete paragraph (h). 26 57. Section 53 deleted 27 Delete section 53. page 69 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 58 1 58. Section 54 amended 2 (1) After section 54(1) insert: 3 4 (2A) Without limiting subsection (1), the Governor may 5 make regulations to make provision for a register of 6 dangerous dogs. 7 (2B) Despite the Interpretation Act 1984 section 41(1)(b), a 8 regulation prescribing a breed of dog to be a restricted 9 breed for the purposes of the definition of dangerous 10 dog (restricted breed) in section 3(1) comes into 11 operation on the seventh day after publication in the 12 Gazette or if a later day is specified or provided for in 13 the regulation, on that day. 14 15 (2) In section 54(3) delete "made under this Act in like manner 16 mutatis mutandis as they apply to a local law." and insert: 17 18 mentioned in this section in the same way that they apply to a 19 regulation made under section 48. 20 21 59. Part XI inserted 22 After section 54 insert: 23 24 Part XI -- Transitional provisions 25 Division 1 -- Transitional provisions arising from 26 certain amendments made by the Dog Amendment 27 Act 2012 28 55. Application of the Interpretation Act 1984 29 The provisions of this Division do not prejudice or 30 affect the application of the Interpretation Act 1984 to page 70 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 59 1 and in relation to the repeals of provisions of the Dog 2 Act 1976 effected by the Dog Amendment Act 2012. 3 56. Authorisations in relation to assistance dogs 4 A dog specified in an authority given by the Minister 5 under the Dog Act 1976 section 8 and in effect 6 immediately before the day on which the Dog 7 Amendment Act 2012 section 7 comes into operation is, 8 on and from that day, to be taken to be an assistance 9 dog as defined in the Dog Act 1976 section 8(1) as 10 inserted by the Dog Amendment Act 2012 section 7. 11 57. Registration procedure 12 An application for registration delivered under the Dog 13 Act 1976 section 16(1) but not finally dealt with under 14 section 16(2) of that Act before the day on which the 15 Dog Amendment Act 2012 section 14 comes into 16 operation is, on and from that day, to be dealt with as if 17 the Dog Amendment Act 2012 section 14 had not been 18 enacted. 19 58. Detained dogs 20 A dog that is being detained by or on behalf of a local 21 government immediately before the day on which the 22 Dog Amendment Act 2012 section 25 comes into 23 operation, having been seized under the Dog Act 1976 24 section 29(3) is, on and from that day, to be dealt with 25 as if the Dog Amendment Act 2012 section 25 had not 26 been enacted. 27 59. Dogs declared to be dangerous dogs 28 A declaration under the Dog Act 1976 section 33E(1) 29 that is in effect immediately before the day on which 30 the Dog Amendment Act 2012 section 34 comes into 31 operation is, on and from that day, to be taken to be a 32 declaration under the Dog Act 1976 section 33E(1) as page 71 Dog Amendment Bill 2012 Part 2 Dog Act 1976 amended s. 59 1 amended by the Dog Amendment Act 2012 section 34 2 but any order imposed by the notice given under the 3 Dog Act 1976 section 33F(1) ceases to have effect. 4 60. Transitional regulations 5 (1) In this section -- 6 commencement day means -- 7 (a) in the case of transitional regulations under 8 subsection (2)(a) -- the day on which this 9 section commences; or 10 (b) in the case of transitional regulations under 11 subsection (2)(b) -- the day on which the 12 amending provision commences; 13 Gazettal day means the day on which transitional 14 regulations are published in the Gazette; 15 transitional matter means a matter of a transitional, 16 savings or application nature; 17 transitional regulations means regulations under 18 subsection (2). 19 (2) Regulations may prescribe anything else required, 20 necessary or convenient to be prescribed in relation to a 21 transitional matter in connection with -- 22 (a) the enactment of the Dog Amendment Act 2012; 23 or 24 (b) an amendment made to the Dog Amendment 25 Act 2012 by a provision of another Act (the 26 amending provision). 27 (3) Transitional regulations can only be made before the 28 end of the period of 12 months beginning on 29 commencement day. 30 (4) If transitional regulations provide that a state of affairs 31 is to be taken to have existed, or not to have existed, on 32 and from a day (the operative day) that is earlier than page 72 Dog Amendment Bill 2012 Dog Act 1976 amended Part 2 s. 59 1 Gazettal day, the regulations have effect according to 2 their terms as long as the operative day is not earlier 3 than commencement day. 4 (5) If transitional regulations contain a provision 5 mentioned in subsection (4), the provision does not 6 operate so as to -- 7 (a) affect in a manner prejudicial to any person, 8 other than the State or an authority of the State, 9 the rights of that person existing before 10 Gazettal day; or 11 (b) impose liabilities on any person, other than the 12 State or an authority of the State, in respect of 13 anything done or omitted to be done before 14 Gazettal day. 15 page 73 Dog Amendment Bill 2012 Part 3 Regulations repealed s. 60 1 Part 3 -- Regulations repealed 2 60. Dog (Restricted Breeds) Regulations (No. 2) 2002 repealed 3 The Dog (Restricted Breeds) Regulations (No. 2) 2002 are 4 repealed.
[Index] [Search] [Download] [Related Items] [Help]