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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Dog Amendment Bill 2013
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 16
14. Section 16 amended 18
15. Section 16AA inserted 20
16AA. Owner's delegate 20
16. Section 16A amended 21
17. Section 17A inserted 22
17A. If no application for registration made 22
18. Section 17 amended 23
19--3 page i
Dog Amendment Bill 2013
Contents
19. Section 18 amended 23
20. Section 20 amended 23
21. Part III Divisions 2 and 3 inserted 24
Division 2 -- Microchipping
21. Microchipping of dogs other than
dangerous dogs 24
22. Microchipping of dangerous dogs 25
23. Notice to be given of microchip
information 26
24. Microchip implanter to give information to
microchip database company 26
25. Microchip database company's obligations 27
26A. Interference with microchips 27
26B. Transfer of ownership of unmicrochipped
dogs 27
26C. Transfer of ownership of microchipped
dogs 27
Division 3 -- Changes to recorded information
26D. Notice to be given of changes to recorded
information 28
22. Section 26 amended 28
23. Section 27 amended 31
24. Section 28 inserted 32
28. Obligation to identify a dog's owner 32
25. Section 29 amended 32
26. Section 30A inserted 37
30A. Operator of dog management facility may
have dog microchipped at owner's
expense 37
27. Section 30 amended 38
28. Section 31 amended 39
29. Section 32 amended 41
30. Section 33 amended 42
31. Section 33A amended 43
32. Section 33B amended 44
33. Section 33D amended 44
34. Section 33E amended 47
35. Section 33F amended 47
36. Sections 33GA to 33GE inserted 48
33GA. Offences relating to dangerous dogs 48
33GB. Dangerous dogs (restricted breed) to be
sterilised 53
33GC. Restrictions on transferring ownership of
dangerous dogs (restricted breed) 54
page ii
Dog Amendment Bill 2013
Contents
33GD. Dangerous dogs (restricted breed) not to
be bred 55
33GE. Prohibition on transfer of ownership of
dangerous dogs (declared) to persons
under 18 56
37. Section 33G amended 57
38. Section 33H amended 57
39. Section 33I amended 58
40. Section 33J amended 58
41. Section 33K amended 59
42. Section 33L replaced 61
33L. Defences applicable to this Division 61
43. Section 33M amended 62
44. Section 34 amended 62
45. Section 36 deleted 62
46. Section 38 replaced 63
38. Nuisance dogs 63
47. Section 39 amended 64
48. Section 43 amended 64
49. Section 43A amended 65
50. Section 44 amended 66
51. Section 45 amended 66
52. Section 45A amended 68
53. Section 46A inserted 68
46A. Order to attend a dog training course, ban
on owning or keeping dogs 68
54. Section 47 replaced 70
47. Veterinary service expenses recoverable
from local government 70
55. Section 50 amended 70
56. Section 51 amended 71
57. Section 53 deleted 71
58. Section 54 amended 71
59. Part XI inserted 72
Part XI -- Transitional provisions
Division 1 -- Transitional provisions arising from
certain amendments made by the Dog
Amendment Act 2013
55. Application of the Interpretation Act 1984 72
56. Authorisations in relation to assistance
dogs 72
57. Registration procedure 72
58. Detained dogs 73
59. Dogs declared to be dangerous dogs 73
page iii
Dog Amendment Bill 2013
Contents
60. Transitional regulations 73
60. Review of Act 75
Part 3 -- Residential Tenancies Act
1987 amended
61. Act amended 76
62. Section 29 amended 76
Part 4 -- Regulations repealed
63. Dog (Restricted Breeds) Regulations (No. 2) 2002
repealed 77
page iv
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Dog Amendment Bill 2013
A Bill for
An Act to amend the Dog Act 1976 and the Residential Tenancies
Act 1987 and to repeal the Dog (Restricted Breeds) Regulations
(No. 2) 2002.
The Parliament of Western Australia enacts as follows:
page 1
Dog Amendment Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Dog Amendment Act 2013.
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 2013
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 sterilized
9 (2) In section 3(1) insert in alphabetical order:
10
11 CEO means the chief executive officer of the
12 department of the Public Service principally assisting
13 the Minister in the administration of this Act;
14 commercial security dog means a dog that is kept
15 primarily for the purpose of guarding or protecting
16 premises that are not dwellings and that are not the
17 premises of the dog's owner, whether or not
18 accompanied by a dog handler;
19 dangerous dog means a dog that is --
20 (a) a dangerous dog (declared); or
21 (b) a dangerous dog (restricted breed); or
22 (c) a commercial security dog;
23 dangerous dog (declared) means an individual dog that
24 under section 33E(1) is declared to be a dangerous dog
25 (declared);
26 dangerous dog (restricted breed) means a dog that --
27 (a) is of a breed prescribed by the regulations to be
28 a restricted breed; or
29 (b) is a mix of 2 or more breeds, one being a breed
30 prescribed by the regulations to be a restricted
31 breed;
page 3
Dog Amendment Bill 2013
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 2013
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 2013
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 sterilised means made permanently infertile by a
9 surgical procedure;
10 transfer, in relation to ownership of a dog, includes --
11 (a) sell, trade, give away, take consideration for,
12 transfer ownership of and offer for sale; and
13 (b) to reclaim from a dog management facility;
14 vehicle means --
15 (a) any thing capable of transporting people or
16 things by air, road, rail or water, irrespective of
17 whether the thing is permanently or
18 semi-permanently stationary, other than a
19 mobile home; or
20 (b) a caravan or campervan that is reasonably
21 suspected not to be permanently or
22 semi-permanently stationary in a single
23 location,
24 and it does not matter how the thing, caravan or
25 campervan is moved or propelled;
26 veterinarian means a registered veterinary surgeon as
27 defined in the Veterinary Surgeons Act 1960 section 2;
28 working, in relation to a commercial security dog,
29 means guarding or protecting premises that are not
30 dwellings and that are not the premises of the dog's
31 owner.
32
page 6
Dog Amendment Bill 2013
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 2013
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 2013
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 or
31
page 9
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 7
1 (b) delete paragraphs (d) and (e) and insert:
2
3 (d) a greyhound that is registered under the Racing
4 and Wagering Western Australia Act 2003
5 section 41 while the registration is in effect.
6
7 (3) In section 7(3) after each of paragraphs (a) to (b) and (b)(i)
8 insert:
9
10 or
11
12 7. Section 8 replaced
13 Delete section 8 and insert:
14
15 8. Assistance dogs
16 (1) In this section --
17 assistance dog means a dog --
18 (a) that is trained or is being trained by a
19 representative of an organisation that is
20 prescribed for the purposes of this definition; or
21 (b) that is trained or is being trained by an
22 individual having the qualifications and
23 experience prescribed for the purposes of this
24 definition; or
25 (c) that is assessed by a person mentioned in
26 paragraph (a) or (b) as being competent to be an
27 assistance dog; or
28 (d) that is being assessed by a person mentioned in
29 paragraph (a) or (b) to decide whether the dog
30 is competent to be an assistance dog; or
page 10
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 7
1 (e) that has been approved, for the purposes of a
2 law of another State or a Territory, as a dog
3 whose use can alleviate or manage an effect of
4 a person's disability or medical condition; or
5 (f) that is approved by the CEO for the purposes of
6 this definition.
7 (2) A person mentioned in subsection (3) --
8 (a) is entitled to be accompanied by an assistance
9 dog, in any building or place open to or used by
10 the public, for any purpose, or in any public
11 transport; and
12 (b) is not guilty of an offence by reason only that
13 he or she takes that dog into or permits that dog
14 to enter any building or place open to or used
15 by the public or on any public transport.
16 (3) The persons to whom subsection (2) applies are as
17 follows --
18 (a) a person who has a disability or medical
19 condition an effect of which can be alleviated
20 or managed by the use of an assistance dog;
21 (b) a person who is training or assessing an
22 assistance dog and who is a representative of an
23 organisation mentioned in the definition of
24 assistance dog paragraph (a);
25 (c) a person who is training or assessing an
26 assistance dog and who is an individual
27 mentioned in the definition of assistance dog
28 paragraph (b);
29 (d) an individual person who is approved by the
30 CEO as a person to whom subsection (2)
31 applies.
page 11
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 8
1 (4) The CEO may, on application, approve --
2 (a) an individual person to be a person to whom
3 subsection (2) applies; or
4 (b) a particular dog to be an assistance dog for the
5 purposes of the definition in subsection (1).
6 (5) An application under subsection (4) must be made in a
7 manner and form approved by the CEO and
8 accompanied by --
9 (a) the prescribed fee, if any, for the application;
10 and
11 (b) each other thing that the CEO requires to
12 accompany the application that will enable the
13 CEO to make a decision.
14 (6) The regulations may provide for the review by the
15 State Administrative Tribunal of a decision of the CEO
16 on an application under subsection (4).
17 (7) This section applies despite any other provision of this
18 Act or other written law.
19
20 8. Sections 10AA and 10AB inserted
21 After section 10 insert:
22
23 10AA. Delegation of local government powers and duties
24 (1) A local government may, by absolute majority as
25 defined in the Local Government Act 1995 section 1.4,
26 delegate to its chief executive officer any power or
27 duty of the local government under another provision
28 of this Act.
29 (2) The delegation must be in writing.
page 12
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 9
1 (3) The delegation may expressly authorise the delegate to
2 further delegate the power or duty.
3 (4) A local government's chief executive officer who is
4 exercising or performing a power or duty that has been
5 delegated as authorised under this section, is to be
6 taken to do so in accordance with the terms of the
7 delegation unless the contrary is shown.
8 (5) Nothing in this section limits the ability of a local
9 government's chief executive officer to perform a
10 function through an officer or agent.
11 10AB. Register of, and review of, delegations
12 (1) The chief executive officer of a local government is to
13 keep a register of --
14 (a) delegations made under section 10AA(1); and
15 (b) further delegations made under the authority of
16 a delegation made under section 10AA(1).
17 (2) At least once every financial year --
18 (a) delegations made under section 10AA(1); and
19 (b) further delegations made under the authority of
20 a delegation made under section 10AA(1),
21 are to be reviewed by the delegator.
22
23 9. Section 11 amended
24 (1) In section 11(1):
25 (a) delete "public pounds" and insert:
26
27 dog management facilities
28
page 13
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 10
1 (b) delete "those pounds" and insert:
2
3 those facilities
4
5 (2) In section 11(2) delete "pounds" and insert:
6
7 dog management facilities
8
9 10. Section 12A amended
10 (1) In section 12A(1):
11 (a) delete paragraph (a) and insert:
12
13 (a) any premises --
14 (i) where a dog is registered to be
15 ordinarily kept; or
16 (ii) described in an application for
17 registration as those where a dog will be
18 ordinarily kept,
19 for the purpose of ascertaining whether the dog
20 is, or will be, effectively confined; or
21
22 (b) in paragraph (b) delete "on" and insert:
23
24 in or at
25
26 (2) After section 12A(3) insert:
27
28 (4) An authorised person may, at any reasonable time,
29 without a warrant and without consent, enter any
30 premises other than a dwelling where the person
31 reasonably suspects a dangerous dog to be, for the
page 14
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 11
1 purpose of ascertaining whether an offence against
2 Part VI Division 2 is being committed.
3 (5) An authorised person may, without a warrant and
4 without consent, stop, enter and search or inspect a
5 vehicle in which the person reasonably suspects a dog
6 to be, for any purpose relating to the enforcement of
7 this Act.
8
9 11. Part III heading replaced and Part III Division 1 heading
10 inserted
11 Delete the heading to Part III and insert:
12
13 Part III -- Registration and identification
14 Division 1 -- Registration
15
16 12. Section 14 replaced
17 Delete section 14 and insert:
18
19 14. Register of dogs
20 (1) A local government is to keep an accurate and
21 up-to-date register of dogs registered by the local
22 government.
23 (2) The register is to be kept in such form as the local
24 government thinks fit.
25 (3) The local government is to record in the register the
26 information prescribed in respect of each dog
27 registered by the local government.
28 (4) The local government may cause any error in, or
29 omission from, the register to be corrected.
30
page 15
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 13
1 13. Section 15 amended
2 (1) Delete section 15(2) and insert:
3
4 (2) The registration under this Act of a dog, other than a
5 dangerous dog, has effect from the date specified in the
6 registration certificate until --
7 (a) in the case of registration for an extended
8 period prescribed under subsection (3)(b),
9 31 October in the final year of that period,
10 unless cancelled sooner; or
11 (b) in the case of registration for a dog's lifetime,
12 the dog's death, unless cancelled sooner; or
13 (c) in all other cases, the next 31 October, unless
14 cancelled sooner.
15 (3A) The registration under this Act of a dangerous dog has
16 effect from the date specified in the registration
17 certificate until the next 31 October, unless cancelled
18 sooner.
19
20 (2) In section 15(3):
21 (a) in paragraph (b) after "registration" insert:
22
23 of a dog
24
25 (b) after paragraph (b) insert:
26
27 (ca) by persons who elect to effect registration for
28 the lifetime of a dog; and
29
page 16
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 13
1 (c) delete paragraph (e) and insert:
2
3 (e) in respect of a dog that is kept in an approved
4 kennel establishment licensed under section 27;
5 and
6 (f) in respect of a dog that is kept in prescribed
7 circumstances.
8
9 (3) After section 15(3) insert:
10
11 (4A) A local government may discount or waive a
12 registration fee, including a registration fee prescribed
13 under subsection (3), for any individual dog or any
14 class of dogs within its district.
15 (4B) Subsections (3) and (4A) do not apply to a dangerous
16 dog.
17
18 (4) In section 15(4) delete "a guide dog," and insert:
19
20 an assistance dog as defined in section 8(1),
21
22 (5) In section 15(3) after each of paragraphs (a) to (c) insert:
23
24 and
25
page 17
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 14
1 (6) Delete section 15(6) and insert:
2
3 (6) The registration fee payable in relation to a dog's first
4 registration --
5 (a) that takes effect after 31 May and before
6 1 November in the year of the first registration;
7 and
8 (b) that is to have effect until 31 October in that
9 year,
10 is one half of the fee that would otherwise be payable.
11
12 14. Section 16 amended
13 (1) In section 16(1) after "prescribed fee," insert:
14
15 if any,
16
17 (2) Delete section 16(1a) and insert:
18
19 (1BA) The form of application prescribed for the purposes of
20 subsection (1) shall require the applicant to provide --
21 (a) the name, residential address and contact details
22 of the owner of the dog; and
23 (b) the address of the premises where the dog will
24 ordinarily be kept; and
25 (c) a statement that the dog will be effectively
26 confined in or at those premises; and
27 (d) if the dog is microchipped --
28 (i) the name of the microchip database
29 company for the dog; and
page 18
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 14
1 (ii) the microchip's unique identification
2 number for the dog;
3 and
4 (e) a statement as to whether the dog is kept, or is
5 to be kept, as a commercial security dog; and
6 (f) a statement as to whether the owner is subject
7 to an order under section 46A(2).
8 (1BB) Nothing in subsection (1BA) prevents a form
9 prescribed for the purposes of subsection (1) requiring
10 an applicant to provide additional information.
11
12 (3) In section 16(2)(b) after "the fee," insert:
13
14 if any,
15
16 (4) After section 16(2) insert:
17
18 (3A) If on an order under section 46A(2) a person is banned
19 from owning or keeping a dog --
20 (a) the registration officer of the local government
21 district in which a dog is registered in the
22 person's name is to cancel the registration of
23 the dog in the person's name; and
24 (b) a registration officer of any local government is
25 not to effect or renew the registration of a dog
26 in the person's name during the period to which
27 the order applies.
28
29 (5) In section 16(3):
30 (a) delete paragraph (a) and insert:
31
32 (a) the applicant, the owner, or the registered
33 owner, as the case may be, has been convicted,
page 19
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 15
1 or has paid a modified penalty, within the
2 previous 3 years in respect of 2 or more
3 offences against any of this Act, the Cat
4 Act 2011 or the Animal Welfare Act 2002; or
5
6 (b) delete paragraph (c) and insert:
7
8 (c) the local government is not satisfied that the
9 dog is, or will be, effectively confined in or at
10 premises where the dog is, or will be, ordinarily
11 kept; or
12 (da) the dog is required under section 21 or 22 to be
13 microchipped but is not microchipped; or
14
15 (c) in paragraph (d) delete "dog; or" and insert:
16
17 dog.
18
19 (d) delete paragraph (e).
20 (6) Delete section 16(3a) and (3b).
21 15. Section 16AA inserted
22 After section 16 insert:
23
24 16AA. Owner's delegate
25 (1) The registered owner of a dog may, in writing given to
26 the local government with which the dog is registered,
27 appoint a person who has reached 18 years of age to act
28 as the owner's delegate.
29 (2) A local government may deal with the owner's
30 delegate instead of the owner in the circumstances
31 specified in this Act.
page 20
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 16
1 (3) An appointment under subsection (1) must be in a
2 prescribed form.
3 (4) An appointment under subsection (1) may be
4 terminated in writing by either the registered owner or
5 the appointed person.
6 (5) An appointment under subsection (1) ceases to have
7 effect when the person who made the appointment
8 ceases to be the registered owner of the dog.
9
10 16. Section 16A amended
11 (1) In section 16A(1):
12 (a) delete "a dog" and insert:
13
14 a dog, other than a dangerous dog,
15
16 (b) delete the Penalty and insert:
17
18 Penalty: a fine of $5 000.
19
20 (2) In section 16A(2)(a) delete "subsection (1); or" and insert:
21
22 subsection (1) or section 33K(2)(c); or
23
page 21
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
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 22
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
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 23
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
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. Microchipping of dogs other than dangerous dogs
10 (1) On and after 1 November 2013, the owner of a dog
11 must ensure that the dog is microchipped if --
12 (a) the dog has reached 3 months of age; and
13 (b) the dog was not registered under this Act or the
14 law of another State or a Territory so that its
15 registration was in effect on 31 October 2013.
16 Penalty: a fine of $5 000.
17 (2) On and after 1 November 2015, the owner of a dog that
18 has reached 3 months of age must ensure that the dog is
19 microchipped.
20 Penalty: a fine of $5 000.
21 (3) Neither subsection (1) nor (2) requires a dog to be
22 microchipped if, under subsection (4) it is exempt from
23 microchipping.
24 (4) A dog is exempt from microchipping if a certificate
25 given by a veterinarian stating that the implantation of
26 a microchip in the dog may adversely affect the health
27 and welfare of the dog applies in respect of the dog.
28 (5) A certificate referred to in subsection (4) cannot apply
29 in respect of a dog that is under 3 months of age.
page 24
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 21
1 22. Microchipping of dangerous dogs
2 (1) In this section --
3 relevant day means the last day of the period of
4 30 days beginning on the day on which the Dog
5 Amendment Act 2013 section 21 comes into operation.
6 (2) After the relevant day, the owner of a dangerous dog
7 that has reached 3 months of age must ensure that the
8 dog is microchipped.
9 Penalty:
10 (a) a fine of $10 000, but the minimum penalty
11 is a fine of $500;
12 (b) for each separate and further offence
13 committed by the person under the
14 Interpretation Act 1984 section 71, a fine
15 of $500.
16 (3) Subsection (2) does not apply in relation to a dangerous
17 dog (declared) --
18 (a) during the 7 day period after the giving of the
19 notice, required by section 33F(1), by which the
20 dog is declared a dangerous dog (declared); or
21 (b) during the period, if any, beginning when the
22 owner lodges an objection under section 33F or
23 applies for review under section 33I(1)(b) and
24 ending 7 days after the day of the determination
25 of that objection or review; or
26 (c) during the 7 day period, if any, after the giving
27 of a notice under section 33F(6)(a) as to the
28 dismissal of an objection; or
29 (d) during the period, if any, beginning when the
30 owner applies for a review under
31 section 33I(1)(a)(i) or (d) and ending 7 days
32 after the day of the determination of that
33 review.
page 25
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 21
1 (4) A dangerous dog is exempt from microchipping if a
2 certificate given by a veterinarian stating that the
3 implantation of a microchip in the dog may adversely
4 affect the health and welfare of the dog applies in
5 respect of the dog.
6 (5) A certificate referred to in subsection (4) cannot apply
7 in respect of a dangerous dog that is under 3 months of
8 age.
9 (6) Nothing in subsection (3) affects the operation of
10 section 21(1) or (2) in relation to a particular dog.
11 23. Notice to be given of microchip information
12 (1) The owner of a microchipped dog must, within 7 days
13 of the microchipping, give notice in writing to the local
14 government of the district in which the dog is
15 ordinarily kept or ordinarily permitted to live of --
16 (a) the name of the microchip database company
17 for the dog; and
18 (b) the microchip's unique identification number
19 for the dog.
20 Penalty: a fine of $5 000.
21 (2) Subsection (1) does not apply if the information has
22 been, or will be, provided with an application to the
23 local government to register the dog.
24 24. Microchip implanter to give information to
25 microchip database company
26 A microchip implanter who implants a microchip in a
27 dog must, within 7 days after the microchip is
28 implanted, give notice in writing in the form, if any,
29 prescribed of the information prescribed to the
30 microchip database company for that dog.
31 Penalty: a fine of $5 000.
page 26
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 21
1 25. Microchip database company's obligations
2 A microchip database company for a dog must keep
3 and maintain in its microchip database the information
4 prescribed under section 24 in respect of the dog.
5 Penalty: a fine of $5 000.
6 26A. Interference with microchips
7 A person must not, without reasonable excuse, remove
8 or interfere with a microchip implanted in a dog.
9 Penalty: a fine of $5 000.
10 26B. Transfer of ownership of unmicrochipped dogs
11 (1) A person must not transfer the ownership of a dog that
12 is not microchipped unless, at the time of the transfer,
13 the person is satisfied that a certificate referred to in
14 section 21(4) or 22(4) applies in respect of the dog.
15 Penalty: a fine of $5 000.
16 (2) Subsection (1) applies regardless of when or whether
17 the dog was registered.
18 26C. Transfer of ownership of microchipped dogs
19 Within 7 days after the transfer of the ownership of a
20 microchipped dog, the person who effected the transfer
21 must give notice in writing to the microchip database
22 company for that dog, of --
23 (a) the name and address of the person to whom
24 the ownership of the dog was transferred; and
25 (b) any other changes to the information prescribed
26 under section 24 in respect of the dog.
27 Penalty: a fine of $5 000.
page 27
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 22
1 Division 3 -- Changes to recorded information
2 26D. Notice to be given of changes to recorded
3 information
4 The owner of a dog must give notice in writing --
5 (a) to the local government with which the dog is
6 registered, if there is a change to any of the
7 information prescribed under section 14(3) in
8 respect of the dog; and
9 (b) to the microchip database company for that
10 dog, if there is a change to any of the
11 information prescribed under section 24 in
12 respect of the dog,
13 within 7 days after the change to the information.
14 Penalty: a fine of $5 000.
15
16 22. Section 26 amended
17 (1) Delete section 26(1) and (2) and insert:
18
19 (1) A local government may, by a local law under
20 this Act --
21 (a) limit the number of dogs that have reached
22 3 months of age that can be kept in or at
23 premises in the local government's district; or
24 (b) limit the number of dogs of a breed specified in
25 the local law that can be kept in or at premises
26 in the local government's district.
27 (2) A local law mentioned in subsection (1) --
28 (a) may limit the number of dogs that can be kept
29 in or at premises to 2, 3, 4, 5 or 6 only; and
30 (b) cannot prevent the keeping in or at premises of
31 one or 2 dogs that have reached 3 months of
page 28
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 22
1 age and any pup of either of those dogs under
2 that age; and
3 (c) cannot apply to dogs kept at premises that are
4 licensed under section 27 as an approved
5 kennel establishment; and
6 (d) cannot apply to dangerous dogs (declared) or
7 dangerous dogs (restricted breed).
8
9 (2) In section 26(3):
10 (a) in paragraph (a) delete "therein;" and insert:
11
12 in the exemption; and
13
14 (b) delete paragraph (b) and insert:
15
16 (b) cannot authorise the keeping in or at those
17 premises of --
18 (i) more than 6 dogs that have reached
19 3 months of age; or
20 (ii) a dog under that age unless it is a pup of
21 a dog whose keeping is authorised by
22 the exemption;
23 and
24
25 (3) Delete section 26(4) and insert:
26
27 (4) A person must not keep in or at any premises, not
28 being licensed under section 27 as an approved kennel
29 establishment --
30 (a) in the case of dogs that have reached 3 months
31 of age, other than dangerous dogs (declared) or
32 dangerous dogs (restricted breed), more than
page 29
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 22
1 the number of dogs than the limit imposed
2 under --
3 (i) a local law mentioned in subsection (1);
4 or
5 (ii) an exemption granted under
6 subsection (3);
7 or
8 (b) more than --
9 (i) 2 dangerous dogs (declared); or
10 (ii) 2 dangerous dogs (restricted breed); or
11 (iii) one of each of those kinds of dangerous
12 dogs,
13 that have reached 3 months of age; or
14 (c) any pup, of a dangerous dog (restricted breed),
15 that is under 3 months of age.
16 Penalty:
17 (a) for an offence relating to a dangerous dog --
18 (i) a fine of $10 000, but the minimum
19 penalty is a fine of $500;
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 $500;
24 (b) for an offence relating to a dog other than a
25 dangerous dog --
26 (i) a fine of $5 000;
27 (ii) for each separate and further offence
28 committed by the person under the
29 Interpretation Act 1984 section 71, a
30 fine of $100.
31
page 30
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 23
1 (4) In section 26(5)(a) delete "from the provisions of a local law
2 placing a limitation on the number of dogs that may be kept on
3 any premises; or" and insert:
4
5 under subsection (3); or
6
7 23. Section 27 amended
8 (1) Delete section 27(1) and insert:
9
10 (1) Where, under section 26(1)(a) or (b), a limit is imposed
11 on the number of dogs that can be kept in or at any
12 premises situate in a local government's district area,
13 and a person proposes to keep more than that number
14 of dogs in or at premises in that area that are not
15 exempt from the limitation, the person must apply for
16 the premises in question to be licensed as an approved
17 kennel establishment.
18
19 (2) In section 27(2) delete the Penalty and insert:
20
21 Penalty:
22 (a) a fine of $5 000;
23 (b) for each separate and further offence
24 committed by the person under the
25 Interpretation Act 1984 section 71, a fine
26 of $100.
27
page 31
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 24
1 24. Section 28 inserted
2 At the beginning of Part VI Division 1 insert:
3
4 28. Obligation to identify a dog's owner
5 (1) If the identity of the owner of a dog entering a dog
6 management facility is unknown to the operator of the
7 facility then, as soon as practicable after the dog enters
8 the facility, the operator must make every reasonable
9 attempt to identify the owner of the dog including,
10 where possible, by scanning the dog.
11 Penalty: a fine of $5 000.
12 (2) Despite subsection (1), a person does not have to scan a
13 dog if --
14 (a) the dog behaves aggressively towards the
15 person or any other person; and
16 (b) the person believes on reasonable grounds that
17 there is a danger to the health or safety of any
18 person in attempting to scan the dog.
19
20 25. Section 29 amended
21 (1) In section 29(3):
22 (a) delete paragraph (b) and insert:
23
24 (b) an attack by a dog is likely to occur; or
25 (ca) a dog is in a place in contravention of
26 section 31, 32 or 33A; or
27 (cb) an offence against section 26(4) or 27(2) is
28 being committed in respect of a dog; or
29 (cc) an offence against Division 2 is being
30 committed in respect of a dog; or
31
page 32
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 25
1 (b) in paragraph (c)(ii) delete "under this Act," and insert:
2
3 as required under section 7,
4
5 (c) in paragraph (e) delete "premises, other (unless
6 section 33G(1) applies) than a building or part of a
7 building that is used for residential purposes." and
8 insert:
9
10 premises other than a dwelling unless section 33G(1)
11 applies.
12
13 (2) After section 29(3) insert:
14
15 (4A) In relation to subsection (3)(cb), an authorised person
16 may seize and detain only the number of dogs in excess
17 of the limit imposed under --
18 (a) a local law mentioned in section 26(1); or
19 (b) an exemption granted under section 26(3); or
20 (c) section 26(4)(b) or (c); or
21 (d) a licence under section 27(2),
22 as is applicable in the case.
23
24 (3) In section 29(5a):
25 (a) delete "has or may have caused injury or damage," and
26 insert:
27
28 (the attack dog) has or may have caused injury or
29 damage, or that a dangerous dog (restricted breed) has
30 given birth to one or more pups,
31
page 33
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 25
1 (b) delete "seize the dog" and insert:
2
3 seize the attack dog, or each pup, as is relevant to the
4 case,
5
6 (c) in paragraph (a) delete "dog is a dangerous dog," and
7 insert:
8
9 attack dog is a dangerous dog, or in the case of a pup of
10 a dangerous dog (restricted breed),
11
12 (4) In section 29(6) delete "pound maintained by a local
13 government or at premises maintained by a prescribed body,"
14 and insert:
15
16 dog management facility
17
18 (5) In section 29(7):
19 (a) delete "prescribed body" and insert:
20
21 body prescribed for the purposes of the definition of dog
22 management facility in section 3(1) and
23
24 (b) delete "any premises maintained by that body for the
25 care of dogs" and insert:
26
27 a dog management facility operated by that body
28
29 (6) Delete section 29(8)(a) and (b) and insert:
30
31 (a) if the dog is wearing a registration tag or is
32 microchipped or the owner is otherwise readily
33 identifiable, the authorised person causing it to
page 34
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 25
1 be detained shall also cause notice to be given
2 to the owner, or if the notice cannot be given to
3 the owner to the owner's delegate, if any, in the
4 prescribed manner and form as soon as is
5 practicable; and
6 (b) if the dog is wearing a registration tag or is
7 microchipped or the owner is otherwise readily
8 identifiable, the dog is to be kept and
9 maintained for a period of at least 7 days next
10 following the giving of the notice under
11 paragraph (a); and
12 (c) if the dog is not readily identifiable, the dog is
13 to be kept and maintained for a period of at
14 least 72 hours next following the time the
15 detention commenced,
16
17 (7) Delete section 29(8a) and insert:
18
19 (8A) Where a dog is detained under subsection (5b) and, at
20 the expiration of the period of 7 days after the
21 detention commenced (the detention period), no
22 application has been made for an order for the
23 destruction of the dog --
24 (a) if the dog is wearing a registration tag or is
25 microchipped or the owner is otherwise readily
26 identifiable, an authorised person shall cause
27 notice to be given to the owner, or if the notice
28 cannot be given to the owner to the owner's
29 delegate, if any, in the prescribed manner and
30 form as soon as is practicable after the
31 expiration of the detention period; and
32 (b) if the dog is wearing a registration tag or is
33 microchipped or the owner is otherwise readily
34 identifiable, the dog is to be kept and
35 maintained for a period of at least 7 days next
page 35
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 25
1 following the giving of the notice under
2 paragraph (a); and
3 (c) if the dog is not readily identifiable, the dog is
4 to be kept and maintained for a period of at
5 least 72 hours next following the expiration of
6 the detention period; and
7 (d) subject to this section the dog is to be delivered
8 up to a person who produces satisfactory
9 evidence of ownership or of the person's
10 authority to take delivery of the dog; and
11 (e) the owner of the dog is liable to pay the
12 reasonable cost of maintaining the dog during
13 any period after the expiration of the period of
14 7 days mentioned in paragraph (b) or 72 hours
15 mentioned in paragraph (c), as is applicable in
16 the case, but otherwise the owner is not liable
17 for any cost or charge in relation to the seizure,
18 impounding, maintaining or return of the dog.
19
20 (8) In section 29(8b) delete the passage that begins with
21 "subsection (8a)(a)," and continues to the end of the subsection
22 and insert:
23
24 subsection (8A)(a), (b), (c) and (e) apply in relation to the dog
25 as if the determination of the application were the expiration of
26 the detention period.
27
28 (9) In subsection 29(8c) delete "subsection (8a)(c), or under
29 subsection (8a)(c)" and insert:
30
31 subsection (8A)(e), or under subsection (8A)(e)
32
page 36
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 26
1 (10) In section 29(10):
2 (a) in paragraph (d) delete "applies," and insert:
3
4 applies; or
5
6 (b) after paragraph (d) insert:
7
8 (e) an authorised person is satisfied that to deliver
9 up the dog under subsection (8) or (8A) would
10 create circumstances that give rise to an offence
11 against this Act,
12
13 (11) In section 29(3) after paragraph (a) insert:
14
15 or
16
17 Note: The heading to amended section 29 is to read:
18 Power to seize dogs
19 26. Section 30A inserted
20 After section 29 insert:
21
22 30A. Operator of dog management facility may have dog
23 microchipped at owner's expense
24 (1) The operator of a dog management facility may do
25 anything necessary to ensure that a dog kept at the
26 facility is microchipped before the dog is reclaimed or
27 otherwise transferred from the facility if the
28 operator --
29 (a) believes on reasonable grounds that the dog is
30 required under section 21 or 22 to be
31 microchipped but is not microchipped; and
page 37
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 27
1 (b) has no reason to believe that the dog is exempt
2 from microchipping as referred to in
3 section 21(4) or 22(4).
4 (2) The owner of a dog kept at a dog management facility
5 is liable to pay to the operator of the facility the
6 reasonable costs associated with the implantation of a
7 microchip in the dog under subsection (1).
8 (3) The operator of a dog management facility may
9 recover the amount of the costs referred to in
10 subsection (2) from the owner of the dog in a court of
11 competent jurisdiction.
12
13 27. Section 30 amended
14 (1) Delete section 30(1) and insert:
15
16 (1) A dog must not be in a public place unless it is wearing
17 a collar to which is securely attached a registration tag
18 that complies with section 18.
19
20 (2) In section 30(2):
21 (a) delete "against that subsection unless he" and insert:
22
23 unless the person
24
25 (b) delete the Penalty and insert:
26
27 Penalty: a fine of $5 000.
28
29 (3) Delete section 30(3)(b) and (c).
page 38
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 28
1 (4) Delete section 30(4) and insert:
2
3 (4) This section does not apply to a dangerous dog.
4
5 28. Section 31 amended
6 (1) After section 31(1) insert:
7
8 (2A) Despite subsection (1), a dog shall not be in a public
9 place --
10 (a) at all if the place is specified under
11 subsection (2B) as a place where dogs are
12 prohibited at all times; or
13 (b) at a time when the place is specified under
14 subsection (2B) as a place where dogs are
15 prohibited at that time.
16 (2B) A local government may, by absolute majority as
17 defined in the Local Government Act 1995 section 1.4,
18 specify a public place, or a class of public place, that is
19 under the care, control or management of the local
20 government to be a place where dogs are prohibited --
21 (a) at all times; or
22 (b) at specified times.
23
24 (2) In section 31(2):
25 (a) delete paragraphs (a) and (b) and insert:
26
27 (a) it is in a dog exercise area specified under
28 subsection (3A); or
29 (b) it is in a public place that is in an area of the
30 State outside the metropolitan region or outside
31 a townsite, and that is not a rural leashing area
32 specified under subsection (3B); or
33
page 39
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 28
1 (b) in paragraph (c) delete "vehicle or boat;" and insert:
2
3 vehicle; or
4
5 (c) in paragraph (g) delete "registered".
6 (3) After section 31(2) insert:
7
8 (3A) A local government may, by absolute majority as
9 defined in the Local Government Act 1995 section 1.4,
10 specify a public place, or a class of public place, that is
11 under the care, control or management of the local
12 government to be a dog exercise area.
13 (3B) A local government may, by absolute majority as
14 defined in the Local Government Act 1995 section 1.4,
15 specify a public place that is under the care, control or
16 management of the local government to be a rural
17 leashing area.
18 (3C) At least 28 days before specifying a place to be --
19 (a) a place where dogs are prohibited at all times or
20 at a time specified under subsection (2B); or
21 (b) a dog exercise area under subsection (3A); or
22 (c) a rural leashing area under subsection (3B),
23 a local government must give local public notice as
24 defined in the Local Government Act 1995 section 1.7
25 of its intention to so specify.
26
page 40
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 29
1 (4) In section 31(3):
2 (a) delete "every person liable for the control of the dog at
3 that time commits an offence against that subsection
4 unless he" and insert:
5
6 or (2A), every person liable for the control of the dog at
7 that time commits an offence unless the person
8
9 (b) delete the Penalty and insert:
10
11 Penalty: a fine of $5 000.
12
13 (5) After section 31(3) insert:
14
15 (4) This section does not apply to a dangerous dog.
16 (5) A local government must specify under
17 subsection (3A) such dog exercise areas as are, in the
18 opinion of the local government, sufficient in number,
19 and suitable, for the exercising of dogs in the district.
20
21 (6) In section 31(2) after each of paragraphs (d) to (f) insert:
22
23 or
24
25 29. Section 32 amended
26 (1) Delete section 32(1) and insert:
27
28 (1) A dog shall not be in --
29 (a) a dog exercise area specified under
30 section 31(3A); or
page 41
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 30
1 (b) a public place that is in an area of the State
2 outside the metropolitan region or outside a
3 townsite, and that is not a rural leashing area
4 specified under section 31(3B),
5 unless --
6 (c) the dog is being held in the way referred to in
7 section 31(1)(a); or
8 (d) the dog is being tethered in the way referred to
9 in section 31(1)(b); or
10 (e) the dog is not a greyhound and is being
11 supervised by a competent person who is in
12 reasonable proximity to the dog.
13
14 (2) In section 32(4):
15 (a) delete "against that subsection unless he" and insert:
16
17 unless the person
18
19 (b) delete the Penalty and insert:
20
21 Penalty: a fine of $5 000.
22
23 (3) Delete section 32(5) and insert:
24
25 (5) This section does not apply to a dangerous dog.
26
27 30. Section 33 amended
28 (1) Delete section 33(1) and insert:
29
30 (1) A greyhound must be muzzled in such a manner as will
31 prevent it from biting a person or animal unless --
32 (a) it is in or at premises occupied by its owner; or
page 42
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 31
1 (b) it has successfully completed a prescribed
2 training programme.
3
4 (2) In section 33(3):
5 (a) delete "against that subsection unless he" and insert:
6
7 unless the person
8
9 (b) delete the Penalty and insert:
10
11 Penalty: a fine of $5 000.
12
13 (3) After section 33(3) insert:
14
15 (4) This section does not apply to a dangerous dog.
16
17 31. Section 33A amended
18 (1) Delete section 33A(1)(b) and insert:
19
20 (b) in the case of a dangerous dog, it is controlled
21 as required by section 33GA(6), (7) and (8); or
22 (c) in the case of a dog other than a dangerous dog,
23 it is held or tethered as required by
24 section 31(1).
25
26 (2) In section 33A(2)(b) delete "vehicle or boat." and insert:
27
28 vehicle.
29
page 43
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 32
1 (3) In section 33A(3):
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:
9 (a) for an offence relating to a dangerous dog, a
10 fine of $10 000, but the minimum penalty is
11 a 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 32. Section 33B amended
16 In section 33B delete "of contravening section 30(1), 31(1),
17 32(1), 33(1) or 33A(1)" and insert:
18
19 under section 30(2), 31(3), 32(4), 33(3) or 33A(3)
20
21 Note: The heading to amended section 33B is to read:
22 Defences applicable to offences under this Division
23 33. Section 33D amended
24 (1) Delete section 33D(1) and insert:
25
26 (1) If a dog attacks or chases any person or animal and
27 physical injury is caused to the person or animal that is
28 attacked or chased, every person liable for the control
29 of the dog commits an offence.
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 33
1 Penalty:
2 (a) for an offence relating to a dangerous dog, a
3 fine of $20 000, but the minimum penalty is
4 a fine of $1 000;
5 (b) for an offence relating to a dog other than a
6 dangerous dog, a fine of $10 000.
7 (2A) If a dog attacks or chases any person or animal without
8 causing physical injury to the person or animal that is
9 attacked or chased, every person liable for the control
10 of the dog commits an offence.
11 Penalty:
12 (a) for an offence relating to a dangerous dog, a
13 fine of $10 000, but the minimum penalty is
14 a fine of $500;
15 (b) for an offence relating to a dog other than a
16 dangerous dog, a fine of $3 000.
17 (2B) It is a defence to a charge of an offence under
18 subsection (1) or (2A) if the person charged satisfies
19 the court --
20 (a) in the case of any person, that the dog was
21 being used in good faith in the reasonable
22 defence of any person or property or for the
23 droving or removal of any animal found
24 trespassing; or
25 (b) in the case of the occupier of premises where
26 the dog is ordinarily kept or ordinarily
27 permitted to live, that at the material time the
28 dog was owned by another person who had
29 reached 18 years of age, and who is identified
30 by the person charged; or
31 (c) in the case of the owner, that at the material
32 time the dog was in the possession or control of
33 another person without the owner's consent,
34 express or implied.
35
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 33
1 (2) In section 33D(2):
2 (a) delete "any animal owned by or in the charge of another
3 person," and insert:
4
5 animal,
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 $20 000 and imprisonment for
12 2 years, but the minimum penalty is a fine
13 of $1 000;
14 (b) for an offence relating to a dog other than a
15 dangerous dog, a fine of $10 000 and
16 imprisonment for 12 months.
17
18 (3) After section 33D(2) insert:
19
20 (3) Nothing in this section affects --
21 (a) the duty that a person, who has a dog in the
22 person's charge or under the person's control,
23 has under The Criminal Code section 266(2); or
24 (b) the operation of The Criminal Code
25 section 266(2) or Chapter XXVIII or XXIX, or
26 any other law in relation to the consequences of
27 omitting to perform that duty.
28
page 46
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 34
1 34. Section 33E amended
2 (1) In section 33E(1) delete "a dog to be a dangerous dog" and
3 insert:
4
5 an individual dog to be a dangerous dog (declared)
6
7 (2) In section 33E(3) delete "dangerous dog," and insert:
8
9 dangerous dog (declared),
10
11 Note: The heading to amended section 33E is to read:
12 Individual dog may be declared to be a dangerous dog (declared)
13 35. Section 33F amended
14 (1) In section 33F(1):
15 (a) after "dangerous dog" insert:
16
17 (declared)
18
19 (b) delete "dog, and may by that notice impose an order as
20 to control requirements in respect of the".
21 (2) In section 33F(2):
22 (a) in paragraph (b) delete "declaration or as to any control
23 requirement imposed, or as to both; and" and insert:
24
25 declaration.
26
27 (b) delete paragraph (c).
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 36
1 (3) Delete section 33F(3), (4) and (5) and insert:
2
3 (3) Whether or not an objection is lodged or application for
4 review is made, the declaration of a dog as a dangerous
5 dog (declared) has effect 7 days after the giving of a
6 notice under subsection (1).
7
8 (4) Delete section 33F(8) and (9).
9 (5) In section 33F(2) after paragraph (a) insert:
10
11 and
12
13 Note: The heading to amended section 33F is to read:
14 Owner to be notified of making of declaration
15 36. Sections 33GA to 33GE inserted
16 After section 33F insert:
17
18 33GA. Offences relating to dangerous dogs
19 (1) Every person liable for the control of --
20 (a) a commercial security dog must ensure that the
21 dog wears a collar of a kind prescribed to be
22 worn by commercial security dogs with
23 information attached to or endorsed on the
24 collar in accordance with the regulations; or
25 (b) a dangerous dog other than a commercial
26 security dog must ensure that the dog wears a
27 collar of a kind prescribed to be worn by
28 dangerous dogs other than commercial security
29 dogs with information attached to or endorsed
30 on the collar in accordance with the regulations.
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 36
1 Penalty:
2 (a) a fine of $10 000, but the minimum penalty
3 is a fine of $500;
4 (b) for each separate and further offence
5 committed by the person under the
6 Interpretation Act 1984 section 71, a fine
7 of $500.
8 (2) Every person liable for the control of a dangerous dog
9 must ensure that the enclosure within which the dog is
10 confined, whether or not the enclosure is at the
11 premises where the dog is ordinarily kept or ordinarily
12 permitted to live, is constructed to --
13 (a) prevent the dog from escaping; and
14 (b) prevent the dog from being removed or released
15 from the enclosure without the permission of
16 the person liable for the dog's control; and
17 (c) prevent a child who has not reached 7 years of
18 age from entering, or inserting any part of its
19 body into, the enclosure without the help of an
20 adult.
21 Penalty:
22 (a) a fine of $10 000, but the minimum penalty
23 is a fine of $500;
24 (b) for each separate and further offence
25 committed by the person under the
26 Interpretation Act 1984 section 71, a fine
27 of $500.
28 (3) Subsection (2) does not apply to a commercial security
29 dog when it is working.
30 (4) When a commercial security dog is working at
31 premises, every person liable for the control of the dog
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 36
1 and the person who arranges for the dog to guard or
2 protect the premises must ensure that --
3 (a) the dog is confined to the premises and that the
4 enclosure within which the dog is confined is
5 constructed to --
6 (i) prevent the dog from escaping that
7 enclosure; and
8 (ii) prevent the dog from being removed or
9 released from that enclosure without the
10 permission of a person liable for the
11 dog's control;
12 and
13 (b) during any time that a person other than the
14 dog's handler has lawful access to the area in
15 which the dog is working --
16 (i) the dog is confined to an enclosure that
17 is constructed to --
18 (I) prevent the dog from escaping
19 that enclosure; and
20 (II) prevent the dog from being
21 removed or released from that
22 enclosure without the
23 permission of a person liable
24 for the dog's control; and
25 (III) prevent a child who has not
26 reached 7 years of age from
27 entering, or inserting any part
28 of its body into, that enclosure
29 without the help of an adult;
30 or
31 (ii) the dog is held by means of a chain,
32 cord, leash or harness of sufficient
33 strength and not exceeding the
34 prescribed length by a person who has
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 36
1 reached 18 years of age and who is
2 capable of controlling the dog; or
3 (iii) the dog is securely tethered on a
4 temporary basis by means of a chain,
5 cord, leash or harness of sufficient
6 strength and not exceeding the
7 prescribed length.
8 Penalty:
9 (a) a fine of $10 000, but the minimum penalty
10 is a fine of $500;
11 (b) for each separate and further offence
12 committed by the person under the
13 Interpretation Act 1984 section 71, a fine
14 of $500.
15 (5) The occupier of the premises where a dangerous dog is
16 ordinarily kept or ordinarily permitted to live must
17 ensure that a warning sign, of a prescribed kind, is
18 displayed at each entrance to the premises.
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 (6) 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 wears a muzzle.
29 Penalty:
30 (a) a fine of $10 000, but the minimum penalty
31 is a fine of $500;
32 (b) for each separate and further offence
33 committed by the person under the
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 36
1 Interpretation Act 1984 section 71, a fine
2 of $500.
3 (7) When a dangerous dog is not confined in an enclosure,
4 every person liable for the control of the dog must
5 ensure that --
6 (a) the dog is held by means of a chain, cord, leash
7 or harness of sufficient strength and not
8 exceeding the prescribed length by a person
9 who has reached 18 years of age and who is
10 capable of controlling the dog; or
11 (b) the dog is securely tethered on a temporary
12 basis by means of a chain, cord, leash or
13 harness of sufficient strength and not exceeding
14 the prescribed length.
15 Penalty:
16 (a) a fine of $10 000, but the minimum penalty
17 is a fine of $500;
18 (b) for each separate and further offence
19 committed by the person under the
20 Interpretation Act 1984 section 71, a fine
21 of $500.
22 (8) When a dangerous dog is not confined in an enclosure,
23 every person liable for the control of the dog must
24 ensure that the dog is controlled by a person who has
25 reached 18 years of age and who is capable of
26 controlling the dog.
27 Penalty:
28 (a) a fine of $10 000, but the minimum penalty
29 is a fine of $500;
30 (b) for each separate and further offence
31 committed by the person under the
32 Interpretation Act 1984 section 71, a fine
33 of $500.
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 36
1 (9) Every person liable for the control of a dangerous dog
2 must ensure that the dog is not in a public place --
3 (a) at all if the place is specified under
4 section 31(2B) as a place where dogs are
5 prohibited at all times; or
6 (b) at a time when the place is specified under
7 section 31(2B) as a place where dogs are
8 prohibited at that time.
9 Penalty:
10 (a) a fine of $10 000, but the minimum penalty
11 is a fine of $500;
12 (b) for each separate and further offence
13 committed by the person under the
14 Interpretation Act 1984 section 71, a fine
15 of $500.
16 (10) Every person liable for the control of a dangerous dog
17 must ensure that the dog --
18 (a) does not kill a person; and
19 (b) does not endanger the life of a person.
20 (11) A person who contravenes subsection (10) is guilty of a
21 crime.
22 Penalty: imprisonment for 10 years.
23 33GB. Dangerous dogs (restricted breed) to be sterilised
24 (1) The owner of a dangerous dog (restricted breed) that
25 has reached 3 months of age must ensure that the dog is
26 sterilised.
27 Penalty:
28 (a) a fine of $10 000, but the minimum penalty
29 is a fine of $500;
30 (b) for each separate and further offence
31 committed by the person under the
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 36
1 Interpretation Act 1984 section 71, a fine
2 of $500.
3 (2) It is a defence to a charge of an offence under
4 subsection (1) if the person charged satisfies the court
5 that the dog --
6 (a) has a physical condition that is likely to cause
7 the dog to die if it is sterilised; or
8 (b) is sterile.
9 33GC. Restrictions on transferring ownership of
10 dangerous dogs (restricted breed)
11 (1) In this section --
12 restricted breed pup means a pup --
13 (a) having at least one parent that is a dangerous
14 dog (restricted breed); and
15 (b) that is under 3 months of age.
16 (2) A person must not advertise a dangerous dog
17 (restricted breed) or a restricted breed pup as being for
18 sale or otherwise available for transfer of ownership.
19 Penalty: a fine of $10 000, but the minimum penalty is
20 a fine of $500.
21 (3) A person must not sell a dangerous dog (restricted
22 breed) or a restricted breed pup to another person.
23 Penalty: a fine of $10 000, but the minimum penalty is
24 a fine of $500.
25 (4) A person must not otherwise transfer the ownership of
26 a dangerous dog (restricted breed) or a restricted breed
27 pup to another person unless --
28 (a) the dog or pup forms part of a deceased estate
29 and its ownership is transferred by the executor
30 of the will in relation to, or the administrator
31 for, the estate; or
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 36
1 (b) the owner of the dog or pup is certified, by a
2 person registered under a written law as a
3 medical practitioner, as being not capable of
4 caring for the dog or fulfilling the
5 responsibilities that an owner of a dangerous
6 dog (restricted breed) has under this Act;
7 or
8 (c) the Minister in his absolute discretion forms the
9 view that extraordinary conditions exist in a
10 particular case and a transfer of ownership is
11 justified in that case.
12 Penalty: a fine of $10 000, but the minimum penalty is
13 a fine of $500.
14 (5) A person must not --
15 (a) buy a dangerous dog (restricted breed) or a
16 restricted breed pup from another person; or
17 (b) otherwise accept the ownership of a dangerous
18 dog (restricted breed) or a restricted breed pup
19 from another person except in the
20 circumstances mentioned in subsection (4)(a)
21 or (b).
22 Penalty: a fine of $10 000, but the minimum penalty is
23 a fine of $500.
24 (6) It is a defence to a charge of an offence under
25 subsection (5) in relation to a restricted breed pup if the
26 person charged satisfies the court that the person did
27 not know and did not have reasonable cause to believe
28 that the dog was a restricted breed pup.
29 33GD. Dangerous dogs (restricted breed) not to be bred
30 A person must not --
31 (a) breed a dangerous dog (restricted breed); or
32 (b) breed from a dangerous dog (restricted breed).
page 55
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 36
1 Penalty: a fine of $10 000, but the minimum penalty is
2 a fine of $500.
3 33GE. Prohibition on transfer of ownership of dangerous
4 dogs (declared) to persons under 18
5 (1) In this section --
6 receiver means a person to whom --
7 (a) a dangerous dog (declared) is sold; or
8 (b) the ownership of a dangerous dog (declared) is
9 otherwise transferred;
10 relevant time means the time at which an offence under
11 subsection (2) is alleged to have been committed.
12 (2) A person must not sell, or otherwise transfer the
13 ownership of, a dangerous dog (declared) to a person
14 who has not reached 18 years of age.
15 Penalty: a fine of $10 000, but the minimum penalty is
16 a fine of $500.
17 (3) It is a defence to a charge of an offence under
18 subsection (2) if the person charged satisfies the court
19 that --
20 (a) at or before the relevant time the receiver had
21 produced to the person charged evidence that
22 the receiver had reached 18 years of age; and
23 (b) at the relevant time the person charged had no
24 reason to believe that the receiver had not
25 reached 18 years of age.
26 (4) For the purposes of subsection (3)(a) the following
27 documents can be used as evidence that a person has
28 reached 18 years of age --
29 (a) a current passport;
30 (b) a current Australian driver's licence;
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 37
1 (c) a prescribed document,
2 that bears a photograph of the person and indicates by
3 reference to the person's date of birth or otherwise that
4 the person has reached 18 years of age.
5
6 37. Section 33G amended
7 (1) After section 33G(1) insert:
8
9 (2A) An authorised person or a police officer who has
10 reasonable grounds to believe that a dangerous dog
11 (restricted breed) has given birth to one or more pups
12 may --
13 (a) enter any premises under a warrant issued
14 under section 29(5a) or with the consent of an
15 adult occupier of the premises; and
16 (b) seize each pup; and
17 (c) detain each pup under section 29(3).
18
19 (2) In section 33G(2) delete "so detained pursuant to
20 subsection (1)" and insert:
21
22 detained as mentioned in subsection (1) or (2A)
23
24 38. Section 33H amended
25 (1) Delete section 33H(1)(a) and insert:
26
27 (a) a notice under section 33F(1) declaring a dog to
28 be a dangerous dog (declared); or
29
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 39
1 (2) In section 33H(3)(a) delete "notice, declaration or proposal" and
2 insert:
3
4 notice
5
6 Note: The heading to amended section 33H is to read:
7 Local government may revoke a declaration or proposal to
8 destroy
9 39. Section 33I amended
10 (1) In section 33I(1)(a)(i) delete "the declaration or control
11 requirements" and insert:
12
13 a declaration
14
15 (2) In section 33I(1)(b) delete "dangerous dog," and insert:
16
17 dangerous dog (declared),
18
19 40. Section 33J amended
20 (1) In section 33J:
21 (a) delete "An order imposing control requirements in
22 relation to a dog" and insert:
23
24 A notice declaring a dog to be a dangerous dog
25 (declared)
26
27 (b) delete paragraphs (b), (c) and (d) and insert:
28
29 (b) the notice is revoked by the local government;
30 or
page 58
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 41
1 (c) the decision pursuant to which the notice was
2 given is quashed by the State Administrative
3 Tribunal,
4
5 (2) In section 33J after paragraph (a) insert:
6
7 or
8
9 Note: The heading to amended section 33J is to read:
10 Duration of a declaration
11 41. Section 33K amended
12 (1) Delete section 33K(1) and insert:
13
14 (1) The owner of a dangerous dog must ensure that every
15 person liable for the control of the dog is aware of the
16 person's responsibilities under this Division.
17 Penalty: a fine of $10 000, but the minimum penalty is
18 a fine of $500.
19
20 (2) At the end of section 33K(2) insert:
21
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.
29
page 59
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 41
1 (3) In section 33K(3):
2 (a) delete "by which the dog was declared to be a dangerous
3 dog," and insert:
4
5 with which the dog is registered,
6
7 (b) at the end of subsection (3) insert:
8
9 Penalty: a fine of $10 000, but the minimum penalty is
10 a fine of $500.
11
12 (4) Delete section 33K(4) and insert:
13
14 (4) On or before the change of ownership of a dangerous
15 dog (declared), the person transferring ownership must
16 give to the person to whom ownership is to be
17 transferred --
18 (a) written notice that the dog is a dangerous dog
19 for the purposes of this Act; and
20 (b) a copy of the notice given under section 33F(1).
21 Penalty: a fine of $10 000, but the minimum penalty is
22 a fine of $500.
23 (5A) On or before the change of ownership of a dangerous
24 dog (restricted breed) or a commercial security dog, the
25 person transferring ownership must give, to the person
26 to whom ownership is to be transferred, written notice
27 that the dog is a dangerous dog for the purposes of
28 this Act.
29 Penalty: a fine of $10 000, but the minimum penalty is
30 a fine of $500.
31
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 42
1 (5) At the end of section 33K(5) insert:
2
3 Penalty: a fine of $5 000.
4
5 (6) In section 33K(2) after each of paragraphs (a) and (b) insert:
6
7 or
8
9 42. Section 33L replaced
10 Delete section 33L and insert:
11
12 33L. Defences applicable to this Division
13 It is a defence to a charge of an offence under this
14 Division if the person charged satisfies the court --
15 (a) in the case of any person (including a person
16 referred to in paragraph (b), (c) or (d)), that the
17 person took all reasonable precautions and
18 exercised all due diligence to avoid the
19 contravention; or
20 (b) in the case of any person other than the owner
21 of the dog to which the charge relates, that the
22 person did not know and did not have
23 reasonable cause to believe that the dog was a
24 dangerous dog for the purposes of this Act; or
25 (c) in the case of a person who is the occupier of
26 premises where the dog to which the charge
27 relates is ordinarily kept or ordinarily permitted
28 to live, that at the material time the dog was
29 owned by another person who had reached
30 18 years of age, and who is identified by the
31 person charged; or
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 43
1 (d) in the case of a person who is the owner of the
2 dog to which the charge relates (the owner),
3 that at the material time the dog was in the
4 possession or control of another person without
5 the owner's consent, express or implied.
6
7 43. Section 33M amended
8 In section 33M(1):
9 (a) delete "dangerous dog," and insert:
10
11 dangerous dog (declared),
12
13 (b) in paragraph (a) delete the passage that begins with
14 "dog," and continues to the end of the paragraph and
15 insert:
16
17 dog and the manner and place in which it is from time to
18 time kept; or
19
20 44. Section 34 amended
21 In section 34(4) after "Penalty:" insert:
22
23 a fine of
24
25 45. Section 36 deleted
26 Delete section 36.
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Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 46
1 46. Section 38 replaced
2 Delete section 38 and insert:
3
4 38. Nuisance dogs
5 (1) For the purposes of this section, a dog is a nuisance if
6 the dog --
7 (a) makes a noise, by barking or otherwise, that
8 persistently occurs or continues to such a
9 degree or extent that it unreasonably interferes
10 with the peace, comfort or convenience of any
11 person in any place; or
12 (b) is shown to be allowed to behave consistently
13 in a manner contrary to the general interest of
14 the community; or
15 (c) makes a noise, by barking or otherwise, that
16 exceeds --
17 (i) a prescribed noise level measured by a
18 prescribed method over a prescribed
19 period of time; or
20 (ii) a prescribed number of times of
21 occurrence during or over a prescribed
22 period of time.
23 (2) A person may lodge a complaint in a prescribed form
24 with an authorised person, alleging that a dog is a
25 nuisance.
26 (3) If an authorised person is satisfied that a dog is a
27 nuisance as alleged in a complaint, the authorised
28 person may issue an order to a person liable for the
29 control of the dog requiring that person to prevent the
30 behaviour that is alleged to constitute the nuisance by a
31 time specified in the order.
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 47
1 (4) An order has effect for 6 months after the day on which
2 it is issued.
3 (5) A person to whom an order is issued must comply with
4 the order during the period in which it has effect.
5 Penalty:
6 (a) for an offence relating to a dangerous dog --
7 (i) a fine of $10 000, but the minimum
8 penalty is a fine of $500;
9 (ii) for each separate and further offence
10 committed by the person under the
11 Interpretation Act 1984 section 71, a
12 fine of $500;
13 (b) for an offence relating to a dog other than a
14 dangerous dog, a fine of $5 000.
15 (6) This section does not apply to a dog while that dog is
16 kept at an establishment licensed as an approved
17 kennel establishment under section 27.
18
19 47. Section 39 amended
20 In section 39(3) delete the Penalty and insert:
21
22 Penalty: a fine of $5 000.
23
24 48. Section 43 amended
25 (1) In section 43(1) delete the Penalty and insert:
26
27 Penalty:
28 (a) for an offence relating to a dangerous dog --
29 (i) a fine of $10 000, but the minimum
30 penalty is a fine of $500;
page 64
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 49
1 (ii) for each separate and further offence
2 committed by the person under the
3 Interpretation Act 1984 section 71, a
4 fine of $500;
5 (b) for an offence relating to a dog other than a
6 dangerous dog, a fine of $5 000.
7
8 (2) In section 43(2) delete the Penalty and insert:
9
10 Penalty:
11 (a) for an offence relating to a dangerous dog --
12 (i) a fine of $10 000, but the minimum
13 penalty is a fine of $500;
14 (ii) for each separate and further offence
15 committed by the person under the
16 Interpretation Act 1984 section 71, a
17 fine of $500;
18 (b) for an offence relating to a dog other than a
19 dangerous dog, a fine of $5 000.
20
21 49. Section 43A amended
22 In section 43A:
23 (a) delete "name" and insert:
24
25 name, date of birth
26
27 (b) delete the Penalty and insert:
28
29 Penalty:
30 (a) for an offence relating to a dangerous dog, a
31 fine of $10 000, but the minimum penalty is
32 a fine of $500;
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Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 50
1 (b) for an offence relating to a dog other than a
2 dangerous dog, a fine of $5 000.
3
4 50. Section 44 amended
5 After section 44(3) insert:
6
7 (4) Despite subsection (2), a prosecution of an offence
8 against section 33GA(10) can be commenced only by a
9 police officer.
10 (5) Subsections (2) and (4) do not limit the functions of the
11 Director of Public Prosecutions under the Director of
12 Public Prosecutions Act 1991 section 11.
13
14 51. Section 45 amended
15 Delete section 45(1) and insert:
16
17 (1) In any proceeding for an offence against this Act in
18 relation to a specified dog --
19 (a) an averment in a prosecution notice alleging an
20 offence against this Act that at a particular
21 time --
22 (i) a specified person was the registered
23 owner of the dog; or
24 (ii) the dog was ordinarily kept by a
25 specified person; or
26 (iii) a specified person had the dog in the
27 person's possession or under the
28 person's control; or
29 (iv) a specified person was the occupier of
30 any premises where the dog was
page 66
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 51
1 ordinarily kept or ordinarily permitted
2 to live; or
3 (v) the dog was not registered; or
4 (vi) the dog was of a particular breed or was
5 a mix of particular breeds; or
6 (vii) the dog was not sterilised; or
7 (viii) the dog was not microchipped; or
8 (ix) that a specified person's name was
9 recorded as the owner of the dog in a
10 microchip database; or
11 (x) that a specified database was a
12 microchip database; or
13 (xi) that a specified person or body was a
14 microchip database company in relation
15 to the dog; or
16 (xii) the dog had reached 3 months of age; or
17 (xiii) the dog was under 3 months of age; or
18 (xiv) the dog was the pup of a particular dog,
19 is evidence of that fact; and
20 (b) the onus of proving that at a particular time the
21 dog was registered, sterilised, microchipped or
22 was under the age of 3 months lies on the
23 person making that assertion.
24 (2A) In any proceedings, whether civil or criminal, the onus
25 of proving that a particular dog was not a dangerous
26 dog (restricted breed) lies on the person making that
27 assertion.
28
page 67
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 52
1 52. Section 45A amended
2 Delete section 45A(1), (2) and (3) and insert:
3
4 (1) Regulations may provide for a modified penalty for an
5 offence --
6 (a) against a provision of this Act, other than the
7 regulations, for which the maximum penalty
8 does not exceed $10 000; or
9 (b) a regulation made under section 48 or 54.
10 (2) Local laws may provide for a modified penalty for an
11 offence against those local laws.
12 (3) A modified penalty for an offence must not exceed
13 10% of the maximum penalty for that offence.
14
15 53. Section 46A inserted
16 At the end of Part VII insert:
17
18 46A. Order to attend a dog training course, ban on
19 owning or keeping dogs
20 (1) A court that convicts a person of --
21 (a) an offence against this Act for which there is a
22 minimum penalty may, in addition to imposing
23 a penalty, order the person to attend with the
24 dog and complete a dog training course
25 specified in the order; or
26 (b) any other offence against this Act may, as an
27 alternative to or in addition to, imposing a
28 penalty, order the person to attend with the dog
29 and complete a dog training course specified in
30 the order.
page 68
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 53
1 (2) If --
2 (a) a court convicts a person of an offence against
3 this Act; and
4 (b) the person has previously been convicted of
5 2 or more offences against this Act,
6 the court may, in addition to imposing the penalty for
7 the offence referred to in paragraph (a), order that the
8 person is banned from owning or keeping a dog
9 permanently or for a period specified in the order.
10 (3) A court that makes an order made under subsection (1)
11 or (2) is to provide a copy of the order to --
12 (a) the local government for the district in which
13 the person subject to the order lives; and
14 (b) the CEO.
15 (4) A person who does not comply with an order made
16 under subsection (1) or (2) is guilty of contempt of
17 court.
18 (5) A person who is guilty of contempt of court under
19 subsection (4) may be summarily convicted by the
20 Court and on conviction is liable to imprisonment for a
21 term not exceeding 12 months, or to a fine not
22 exceeding $5 000, or to both, or in default of
23 immediate payment of the fine imposed, to
24 imprisonment --
25 (a) until the fine is paid; or
26 (b) for a term not exceeding 12 months,
27 whichever may be the shorter period.
28
page 69
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 54
1 54. Section 47 replaced
2 Delete section 47 and insert:
3
4 47. Veterinary service expenses recoverable from local
5 government
6 (1) In this section --
7 representative, in relation to a local government,
8 means --
9 (a) an authorised person appointed by the local
10 government; or
11 (b) an employee of the local government,
12 who, at the relevant time, is performing a function on
13 behalf of the local government.
14 (2) A local government is liable to pay for the veterinary
15 services requested in respect of a dog by a
16 representative of the local government.
17 (3) A veterinarian who provides services in respect of a
18 dog at the request of a local government's
19 representative may recover the amount of the costs for
20 the services from the local government in a court of
21 competent jurisdiction.
22
23 55. Section 50 amended
24 In section 50(2) delete "$2 000" and insert:
25
26 $5 000
27
28 Note: The heading to amended section 50 is to read:
29 General provisions relating to regulations and local laws
page 70
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 56
1 56. Section 51 amended
2 In section 51:
3 (a) delete paragraphs (b), (ba) and (bb);
4 (b) in paragraph (d) delete "on which" and insert:
5
6 where
7
8 (c) in paragraph (e) delete "pounds" and insert:
9
10 dog management facilities
11
12 (d) delete paragraph (h).
13 57. Section 53 deleted
14 Delete section 53.
15 58. Section 54 amended
16 (1) After section 54(1) insert:
17
18 (2A) Without limiting subsection (1), the Governor may
19 make regulations to make provision for a register of
20 dangerous dogs.
21 (2B) Despite the Interpretation Act 1984 section 41(1)(b), a
22 regulation prescribing a breed of dog to be a restricted
23 breed for the purposes of the definition of dangerous
24 dog (restricted breed) in section 3(1) comes into
25 operation on the 7th day after publication in the Gazette
26 or if a later day is specified or provided for in the
27 regulation, on that day.
28
page 71
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 59
1 (2) In section 54(3) delete "made under this Act in like manner
2 mutatis mutandis as they apply to a local law." and insert:
3
4 mentioned in this section in the same way that they apply to a
5 regulation made under section 48.
6
7 59. Part XI inserted
8 After section 54 insert:
9
10 Part XI -- Transitional provisions
11 Division 1 -- Transitional provisions arising from
12 certain amendments made by the Dog Amendment
13 Act 2013
14 55. Application of the Interpretation Act 1984
15 The provisions of this Division do not prejudice or
16 affect the application of the Interpretation Act 1984 to
17 and in relation to the repeals of provisions of the Dog
18 Act 1976 effected by the Dog Amendment Act 2013.
19 56. Authorisations in relation to assistance dogs
20 A dog specified in an authority given by the Minister
21 under the Dog Act 1976 section 8 and in effect
22 immediately before the day on which the Dog
23 Amendment Act 2013 section 7 comes into operation is,
24 on and from that day, to be taken to be an assistance
25 dog as defined in the Dog Act 1976 section 8(1) as
26 inserted by the Dog Amendment Act 2013 section 7.
27 57. Registration procedure
28 An application for registration delivered under the Dog
29 Act 1976 section 16(1) but not finally dealt with under
page 72
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 59
1 section 16(2) of that Act before the day on which the
2 Dog Amendment Act 2013 section 14 comes into
3 operation is, on and from that day, to be dealt with as if
4 the Dog Amendment Act 2013 section 14 had not been
5 enacted.
6 58. Detained dogs
7 A dog that is being detained by or on behalf of a local
8 government immediately before the day on which the
9 Dog Amendment Act 2013 section 25 comes into
10 operation, having been seized under the Dog Act 1976
11 section 29(3) is, on and from that day, to be dealt with
12 as if the Dog Amendment Act 2013 section 25 had not
13 been enacted.
14 59. Dogs declared to be dangerous dogs
15 A declaration under the Dog Act 1976 section 33E(1)
16 that is in effect immediately before the day on which
17 the Dog Amendment Act 2013 section 34 comes into
18 operation is, on and from that day, to be taken to be a
19 declaration under the Dog Act 1976 section 33E(1) as
20 amended by the Dog Amendment Act 2013 section 34
21 but any order imposed by the notice given under the
22 Dog Act 1976 section 33F(1) ceases to have effect.
23 60. Transitional regulations
24 (1) In this section --
25 commencement day means --
26 (a) in the case of transitional regulations under
27 subsection (2)(a) -- the day on which the Dog
28 Amendment Act 2013 section 59 commences; or
29 (b) in the case of transitional regulations under
30 subsection (2)(b) -- the day on which the
31 amending provision commences;
page 73
Dog Amendment Bill 2013
Part 2 Dog Act 1976 amended
s. 59
1 Gazettal day means the day on which transitional
2 regulations are published in the Gazette;
3 transitional matter means a matter of a transitional,
4 savings or application nature;
5 transitional regulations means regulations under
6 subsection (2).
7 (2) Regulations may prescribe anything else required,
8 necessary or convenient to be prescribed in relation to a
9 transitional matter in connection with --
10 (a) the enactment of the Dog Amendment Act 2013;
11 or
12 (b) an amendment made to the Dog Amendment
13 Act 2013 by a provision of another Act (the
14 amending provision).
15 (3) Transitional regulations can only be made before the
16 end of the period of 12 months beginning on
17 commencement day.
18 (4) If transitional regulations provide that a state of affairs
19 is to be taken to have existed, or not to have existed, on
20 and from a day (the operative day) that is earlier than
21 Gazettal day, the regulations have effect according to
22 their terms as long as the operative day is not earlier
23 than commencement day.
24 (5) If transitional regulations contain a provision
25 mentioned in subsection (4), the provision does not
26 operate so as to --
27 (a) affect in a manner prejudicial to any person,
28 other than the State or an authority of the State,
29 the rights of that person existing before
30 Gazettal day; or
31 (b) impose liabilities on any person, other than the
32 State or an authority of the State, in respect of
page 74
Dog Amendment Bill 2013
Dog Act 1976 amended Part 2
s. 60
1 anything done or omitted to be done before
2 Gazettal day.
3
4 60. Review of Act
5 (1) The Minister must carry out a review of the operation and
6 effectiveness of this Act as soon as practicable after 1 January
7 2019.
8 (2) The Minister must prepare a report based on the review and, as
9 soon as is practicable after the report is prepared, cause it to be
10 laid before each House of Parliament.
page 75
Dog Amendment Bill 2013
Part 3 Residential Tenancies Act 1987 amended
s. 61
1 Part 3 -- Residential Tenancies Act 1987 amended
2 61. Act amended
3 This Part amends the Residential Tenancies Act 1987.
4 62. Section 29 amended
5 In section 29(1A) in the definition of pet delete "a guide" and
6 insert:
7
8 an assistance
9
page 76
Dog Amendment Bill 2013
Regulations repealed Part 4
s. 63
1 Part 4 -- Regulations repealed
2 63. Dog (Restricted Breeds) Regulations (No. 2) 2002 repealed
3 The Dog (Restricted Breeds) Regulations (No. 2) 2002 are
4 repealed.
5
6
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