Division 1General
responsibilities
12Dog to wear collar and
tag
(1)
A dog must have a collar around its neck and
there must be attached to the collar:
(a)
a name tag that shows the name of the dog and the
address or telephone number of the owner of the dog, and
(b)
(2)
The owner of the dog is guilty of an offence if
this section is not complied with.
Maximum penalty:
(a)
5 penalty units except in the case of a dangerous
or restricted dog, or
(b)
20 penalty units in the case of a dangerous or
restricted dog.
(3)
The regulations may impose requirements in
respect of the size, colour and material of a tag for use for the purposes of
this section.
(4)
This section does not apply to a dog while it is
on property of which the owner of the dog is the
occupier.
s 12: Am 2001 No 112,
Sch 1.7 [2] [3].
13Responsibilities while dog in
public place
(1)
A dog that is in a public place must be under the
effective control of some competent person by means of an adequate chain, cord
or leash.
(2)
If this section is contravened:
(a)
the owner of the dog, or
(b)
if the owner is not present at the time of the
offence and another person who is of or above the age of 16 years is in charge
of the dog at that time—that other person,
is guilty of an offence.
Maximum penalty:
(a)
5 penalty units except in the case of a dangerous
or restricted dog, or
(b)
20 penalty units in the case of a dangerous or
restricted dog.
(3)
Any person (including an authorised officer) can
seize a dog that the person finds in a public place in contravention of this
section. If the owner of the dog is present, the dog cannot be seized except
by an authorised officer and only then if the contravention continues after
the owner has been told of the contravention. A reference in this subsection
to the owner of the dog includes a reference to the person who is for the time
being in charge of the dog.
Note—
Putting the dog on a leash prevents the dog being
seized but it does not excuse the contravention and does not stop action being
taken for the contravention.
(4)
A dog is not considered to be under the effective
control of a person if the person has more than 4 dogs under his or her
control.
(5)
This section does not apply to:
(a)
a dog accompanied by some competent person in an
area declared to be an off-leash area by a declaration under this section (but
only if the total number of dogs that the person is accompanied by or has
control of does not exceed 4), or
(b)
a dog engaged in the droving, tending or working
of stock, or
(c)
a dog being exhibited for show purposes,
or
(d)
a dog participating in an obedience class, trial
or exhibition, or
(e)
a police dog, or
(f)
a dog secured in a cage or vehicle or tethered to
a fixed object or structure.
(6)
A local authority can by order declare a public
place to be an off-leash area. Such a declaration can be limited so as to
apply during a particular period or periods of the day or to different periods
of different days. However, there must at all times be at least one public
place in the area of a local authority that is an off-leash
area.
s 13: Am 2001 No 23,
Sch 1 [8] [9].
14Dogs prohibited in some public
places
(1)
Dogs are prohibited in the following places
(whether or not they are leashed or otherwise controlled):
(a)
Children’s play areas (meaning
any public place, or part of a public place, that is within 10 metres of any
playing apparatus provided in that public place or part for the use of
children).
(b)
Food
preparation/consumption areas (meaning any public place, or
part of a public place, that is within 10 metres of any apparatus provided in
that public place or part for the preparation of food for human consumption or
for the consumption of food by humans).
(c)
Recreation areas where dogs are
prohibited (meaning any public place, or part of a public
place, provided or set apart by a local authority for public recreation or the
playing of organised games and in which the local authority has ordered that
dogs are prohibited and in which, or near the boundaries of which, there are
conspicuously exhibited by the local authority at reasonable intervals notices
to the effect that dogs are prohibited in or on that public place or
part).
(d)
Public
bathing areas where dogs are prohibited (meaning any public
place or any part of a public place that is used for or in conjunction with
public bathing or public recreation (including a beach), in which the local
authority has ordered that dogs are prohibited and in which, or near the
boundaries of which, there are conspicuously exhibited by the local authority
at reasonable intervals notices to the effect that dogs are prohibited in or
on that public place).
(e)
School
grounds (meaning any property occupied or used for a purpose
connected with the conduct of a government school or non- government school
under the Education Act
1990, other than any property used for a residence or the
curtilage of a residence).
(f)
Child
care centres (meaning any property occupied or used for a
purpose connected with the conduct of a child care service as defined in the
Children (Care and Protection) Act 1987,
other than any property used for a residence or the curtilage of a
residence).
(g)
Shopping
areas where dogs are prohibited (meaning a shopping arcade
or shopping complex, including any part of it that is used by the public for
parking or access to shops, in which or part of which the local authority has
ordered that dogs are prohibited and in which, or near the boundaries of
which, there are conspicuously exhibited by the local authority at reasonable
intervals notices to the effect that dogs are prohibited there). This
paragraph does not apply to any shop or part of a shop.
(h)
Wildlife
protection areas (meaning any public place or any part of a
public place set apart by the local authority for the protection of wildlife
and in which the local authority has ordered that dogs are prohibited for the
purposes of the protection of wildlife and in which, or near the boundaries of
which, there are conspicuously exhibited by the local authority at reasonable
intervals notices to the effect that dogs are prohibited in or on that public
place).
(2)
If a dog is found in a place in which dogs are
prohibited under this section:
(a)
the owner of the dog, or
(b)
if the owner is not present at the time of the
offence and another person who is of or above the age of 16 years is in charge
of the dog at that time—that other person,
is guilty of an offence.
Maximum penalty:
(a)
5 penalty units except in the case of a dangerous
or restricted dog, or
(b)
20 penalty units in the case of a dangerous or
restricted dog.
(3)
Any person (including an authorised officer) can
seize a dog that the person finds in a place in which dogs are prohibited
under this section. If the owner of the dog is present, the dog cannot be
seized except by an authorised officer and only then if the owner fails to
remove the dog from the place when the officer directs the owner to do so. A
reference in this subsection to the owner of the dog includes a reference to
the person who is for the time being in charge of the dog.
Note—
Removing the dog prevents the dog being impounded
but it does not excuse the contravention and does not stop action being taken
for the contravention. Section 62 requires that a dog seized under this
section be returned to its owner or taken to a council
pound.
(4)
A dog is not prohibited under this section in a
place that is a food preparation/consumption area if the place is a public
thoroughfare (such as a road, footpath or pathway).
(5)
A dog is not prohibited under this section in a
school ground or child care centre if it is there with the permission of the
person controlling the school ground or child care
centre.
(6)
A dog is not prohibited under this section in a
place within a shopping area if it is there:
(a)
in a vehicle that is secured in such a way as to
prevent the dog from escaping from it, or
(b)
with the permission of the person controlling the
place, or
(c)
for the purpose of being taken to or from a pet
shop, the premises of a veterinary surgeon or a similar
establishment.
(7)
A local authority is authorised to make the
orders contemplated by this section.
(8)
This section does not apply to the following
dogs:
(a)
a police dog,
(b)
a dog that is an assistance animal being used
bona fide by a person with a disability to assist the
person.
s 14: Am 2001 No 23,
Sch 1 [10] [11].
15Greyhounds and other breeds to
be muzzled
(1)
A greyhound and any other dog to which this
section applies must at all times have a muzzle securely fixed on its mouth in
such a manner as will prevent it from biting any person or animal, except when
the dog is:
(a)
in or on any property or vehicle of which the
owner of the dog is an occupier or where the dog is ordinarily kept,
or
(b)
under the effective control of some competent
person and being exhibited for show purposes or participating in an obedience
trial, or
(c)
exempted from this section by the
regulations.
(2)
If this section is contravened:
(a)
the owner of the greyhound or other dog,
or
(b)
if the owner is not present at the time of the
offence and another person who is of or above the age of 16 years is in charge
of the greyhound or other dog at that time—that other
person,
is guilty of an offence.
Maximum penalty: 5 penalty
units.
(3)
The regulations may prescribe any breed or kind
of dog as a breed or kind to which this section applies and a dog of that
breed or kind is then a dog to which this section
applies.
s 15: Am 2001 No 23,
Sch 1 [12].
16Offences where dog attacks
person or animal
(1)
If a dog rushes at, attacks, bites, harasses or
chases any person or animal (other than vermin), whether or not any injury is
caused to the person or animal:
(a)
the owner of the dog, or
(b)
if the owner is not present at the time of the
offence and another person who is of or above the age of 16 years is in charge
of the dog at that time—that other person,
is guilty of an offence.
Maximum penalty:
(a)
10 penalty units except in the case of a
dangerous or restricted dog, or
(b)
100 penalty units in the case of a dangerous or
restricted dog.
(1A)
The owner of a dangerous dog is guilty of an
offence if:
(a)
the dog attacks or bites any person (whether or
not any injury is caused to the person), and
(b)
the incident occurs as a result of the
owner’s failure to comply with any one or more of the requirements of
section 51 in relation to the dog.
Maximum penalty: 200 penalty units or
imprisonment for 2 years, or both.
(2)
It is not an offence under this section if the
incident occurred:
(a)
as a result of the dog being teased, mistreated,
attacked or otherwise provoked, or
(b)
as a result of the person or animal trespassing
on the property on which the dog was being kept, or
(c)
as a result of the dog acting in reasonable
defence of a person or property, or
(d)
in the course of lawful hunting,
or
(e)
in the course of the working of stock by the dog
or the training of the dog in the working of stock.
(3)
This section does not apply to a police
dog.
s 16: Am 2001 No 23,
Sch 1 [13] [14].
17Dog must not be encouraged to
attack
(1)
A person who sets on or urges a dog to attack,
bite, harass or chase any person or animal (other than vermin) is guilty of an
offence, whether or not actual injury is caused.
Maximum penalty:
(a)
20 penalty units except in the case of a
dangerous or restricted dog, or
(b)
100 penalty units or 6 months imprisonment, or
both, in the case of a dangerous or restricted dog (except in the
circumstances referred to in paragraph (c)), or
(c)
200 penalty units or imprisonment for 2 years, or
both, in the case of a dangerous or restricted dog that has attacked or bitten
a person.
Note—
If the dog is a dangerous dog or a restricted
dog, conviction for an offence under this section results in permanent
disqualification from owning a dog. See section 23.
(2)
This section does not apply to something done by
a person:
(a)
in the reasonable defence of a person or
property,
(b)
in the proper performance of the person’s
duties as a police officer,
(c)
in the course of the use of a dog for the working
of stock or the training of a dog in the working of stock,
(d)
in the course of lawful
hunting.
s 17: Am 2001 No 23,
Sch 1 [15].
18Dog that has attacked or
bitten may be secured or seized
(1)
If a dog attacks or bites any person or animal
(other than vermin) otherwise than in the circumstances referred to in section
16 (2), an authorised officer may, at any time within 4 hours after the attack
or bite:
(a)
secure the dog in accordance with this section,
or
(b)
seize the dog.
(2)
Any other person may seize the dog if the dog is
on property owned or occupied by the person.
(3)
However, a dog is not to be seized under this
section if the dog:
(a)
is adequately secured on land occupied by the
dog’s owner, or
(b)
is under the effective control of its owner or
other person for the time being in charge of the dog (unless the owner or
other person set on or urged the dog to attack or bite the animal
concerned).
(4)
If an authorised officer has reason to believe
that the dog is on land occupied by the dog’s owner, the authorised
officer may seize the dog only if the authorised officer is unable to secure
the dog on that land.
(5)
An authorised officer may enter any land (but not
premises) for the purpose of exercising the authorised officer’s powers
under this section.
(6)
This section applies whether or not any injury is
caused to a person or animal by the dog’s attack or
bite.
s 18: Am 2001 No 23,
Sch 1 [16].
19Procedure concerning securing
or seizure of dog that has attacked or bitten
(1)
A person who seizes a dog under the authority of
section 18 (2) is not required to comply with section 62 (Seized animals to be
returned to owner or taken to council pound) if the person delivers the dog to
its owner or to an authorised officer.
(2)
An authorised officer who secures or seizes a dog
on land that the authorised officer has reason to believe is land occupied by
the dog’s owner must, before leaving that land, prepare a notice setting
out:
(a)
the reasons why the dog has been secured or
seized, and
(b)
the method by which the dog has been secured, or
the place to which it has been taken, as the case may
be.
(3)
The notice must be left:
(a)
in a conspicuous place on the land,
or
(b)
with a person (being a person apparently above
the age of 16 years) who appears to be an occupier of the
land.
20Dogs defecating in public
place
(1)
If a dog defecates in a public place:
(a)
the owner of the dog, or
(b)
if the owner is not present at the relevant time
and another person who is of or above the age of 16 years is in charge of the
dog at that time—that other person,
must immediately remove the dog’s faeces and
properly dispose of them.
Maximum penalty: 5 penalty
units.
(2)
Proper disposal includes disposal in a rubbish
receptacle designated for the purpose by the local authority. It is the duty
of a local authority for a place that is commonly used for exercising dogs
(including an off-leash area) to provide sufficient rubbish receptacles for
the proper disposal of the faeces of dogs that defecate in the
place.
(3)
This section does not apply when the dog is an
assistance animal being used bona fide by a person with a disability to assist
the person and the person’s disability makes compliance by the person
with this section not reasonably practicable.
s 20: Am 2001 No 23,
Sch 1 [17].
21Nuisance
dogs
(1)
For the purposes of this section, a dog is a
nuisance if the dog:
(a)
is habitually at large, or
(b)
makes a noise, by barking or otherwise, that
persistently occurs or continues to such a degree or extent that it
unreasonably interferes with the peace, comfort or convenience of any person
in any other premises, or
(c)
repeatedly defecates on property (other than a
public place) outside the property on which it is ordinarily kept,
or
(d)
repeatedly runs at or chases any person, animal
(other than vermin and, in relation to an animal, otherwise than in the course
of droving, tending, working or protecting stock) or vehicle,
or
(e)
endangers the health of any person or animal
(other than vermin and, in relation to an animal, otherwise than in the course
of droving, tending, working or protecting stock), or
(f)
repeatedly causes substantial damage to anything
outside the property on which it is ordinarily
kept.
(2)
If an authorised officer of a council is
satisfied that a dog is a nuisance, the officer can issue an order to the
owner of the dog requiring the owner to prevent the behaviour that is alleged
to constitute the nuisance. The order is to be in a form approved from time to
time by the Director-General.
(3)
The order must specify the behaviour of the dog
that is required to be prevented. The order can specify more than one kind of
behaviour.
(4)
An order remains in force for 6 months after it
is issued.
(5)
The owner of a dog must comply with an order
issued to the owner under this section and must continue to comply with it
while it is in force.
Maximum penalty: 5 penalty units for a first
offence or 10 penalty units for a second or subsequent
offence.
(6)
A council whose authorised officer issues an
order under this section must notify the Director-General within 7 days after
the order is issued.
22Action to protect persons and
property against dogs
(1)
Any person may lawfully seize a dog if that
action is reasonable and necessary for the prevention of damage to
property.
(2)
Any person may lawfully seize, injure or destroy
a dog if that action is reasonable and necessary for the protection of any
person or animal (other than vermin) from injury or
death.
(3)
However, subsection (2) does not authorise the
seizure of, injury to or destruction of a dog that is engaged in the droving,
tending, working or protection of stock unless the action is reasonable and
necessary for the protection of a person from injury or
death.
(4)
A person who seizes a dog under the authority of
this section is not required to comply with section 62 (Seized animals to be
returned to owner or taken to council pound) if the person delivers the dog to
its owner or an authorised officer.
(5)
If a dog that is not under the effective control
of some competent person enters any inclosed lands within the meaning of the
Inclosed Lands Protection Act 1901 and
approaches any animal being farmed on the land, the occupier of the land or
any person authorised by the occupier can lawfully injure or destroy the dog
if he or she reasonably believes that the dog will molest, attack or cause
injury to any of those animals.
(6)
An authorised officer who finds a dog attacking
or harassing an animal (other than vermin) within a wildlife protection area
(as defined in section 14 (1) (h)) can lawfully injure or destroy the dog if
there is no other reasonably practicable way of protecting the
animal.
(7)
A person who takes action under the authority of
this section that results in the injury to or death of a dog must:
(a)
take reasonable steps to ensure that an injured
dog receives any necessary treatment, and
(b)
report the matter to an authorised officer
(unless the person is an authorised officer) and comply with such reasonable
directions as the authorised officer may give for the purpose of causing the
dog to be returned to its owner or taken to a council pound,
and
(c)
take reasonable steps to inform the owner of the
dog.
(8)
An authorised officer is not to give a direction
under this section for the purpose of causing a dog to be taken to a council
pound unless the authorised officer is satisfied that the owner of the dog
cannot be identified.
(9)
Nothing in this section authorises a
contravention of the Prevention of Cruelty to Animals Act
1979.
(10)
The authority conferred by this section to
destroy a dog extends only to authorising the destruction of the dog in a
manner that causes it to die quickly and without unnecessary
suffering.
23Disqualification from owning
dog
(1)
A person who is convicted of any of the following
offences is permanently disqualified from owning a dog:
(a)
an offence under section 16
(1A),
(b)
an offence under section 17 where the dog
concerned was a dangerous or restricted dog at the time of the
offence,
(c)
an offence under section 35A of the Crimes Act
1900.
(2)
A court that convicts a person of an offence
under any of the following provisions of this Act can order that the person is
disqualified from owning a dog for a specified period:
(a)
section 15 (Greyhounds and other breeds to be
muzzled),
(b)
section 16 (1),
(c)
section 17 (Dog must not be encouraged to
attack), except where the dog concerned was a dangerous or restricted dog at
the time of the offence,
(d)
section 36 (Obligations of owner when notified of
proposed dangerous dog declaration),
(e)
section 49 (Failure to comply with destruction or
control order),
(f)
section 51 (Owner of dangerous dog must comply
with control requirements),
(g)
section 56 (Owner of restricted dog must comply
with control requirements),
(h)
any other provision prescribed by the regulations
as a provision to which this subsection applies.
(3)
A court that convicts a person of more than one
offence under any of the following provisions of this Act during any 5 year
period can, on the second or subsequent conviction during that period, order
that the person is disqualified from owning a dog for a specified
period:
(a)
section 21 (Nuisance dogs),
(b)
any other provision prescribed by the regulations
as a provision to which this subsection applies.
(4)
The maximum period of disqualification that a
court can order under this section is 5 years. An order under this section is
in addition to any penalty that the court can impose for an
offence.
(5)
The making of an order by a court under section
10 of the Crimes (Sentencing Procedure) Act
1999 in respect of a person charged with an offence is to
be treated for the purposes of this section as a conviction of the person for
the offence.
(6)
A person who is the owner of a dog in
contravention of a disqualification or order under this section is guilty of
an offence.
Maximum penalty:
(a)
10 penalty units except in the case of a
dangerous or restricted dog, or
(b)
50 penalty units in the case of a dangerous or
restricted dog.
s 23: Am 1999 No 94,
Sch 4.6; 2001 No 23, Sch 1 [18] [19].
24Appeal against
disqualification from owning dog
(1)
A person against whom an order disqualifying the
person from owning a dog is made under section 23 may appeal to the District
Court, in accordance with the rules of that Court, against the
order.
(2)
An appeal may be made only within 28 days after
the date on which the order is made.
(3)
An appeal that is duly lodged operates to stay
the order of disqualification pending the determination of the
appeal.
(4)
The District Court has jurisdiction to hear and
determine an appeal made under this section.