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)
8 penalty units except in the case of a
dangerous, menacing or restricted dog, or
(b)
50 penalty units in the case of a dangerous,
menacing 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 or to a working
dog.
s 12: Am 2001 No 112,
Sch 1.7 [2] [3]; 2005 No 101, Sch 1 [21]; 2006 No 101, Sch 1 [8]; 2013 No 86,
Sch 1 [3].
12APreventing dog from
escaping
(1)
The owner of a dog must take all reasonable
precautions to prevent the dog from escaping from the property on which it is
being kept.
Maximum penalty:
(a)
8 penalty units except in the case of a
dangerous, menacing or restricted dog, or
(b)
50 penalty units in the case of a dangerous,
menacing or restricted dog.
(1A)
The regulations may, for the purposes of this
section, specify what constitutes or does not constitute reasonable
precautions to prevent a dog from escaping.
(2)
For the purposes of subsection (1), owner of a dog includes the person
who is for the time being in charge of the dog.
s 12A: Ins 2006 No
101, Sch 1 [9]. Am 2013 No 86, Sch 1 [3]; 2018 No 27, Sch 1
[7].
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 that is attached to the dog and that is being held by (or secured to)
the person.
(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)
10 penalty units except in the case of a
dangerous, menacing or restricted dog, or
(b)
100 penalty units in the case of a dangerous,
menacing or restricted dog.
(3)
Any person (including an authorised officer) can
seize a dog that is 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
(e1)
a corrective services dog, or
(f)
a dog secured in a cage or vehicle or tethered to
a fixed object or structure.
Note—
Just because a dog is not on a lead in an
off-leash area, or is secured in a cage or vehicle or is tethered to a fixed
object or structure, does not mean that an offence under section 16 is not
committed if the dog rushes at, attacks, bites, harasses or chases any person
or animal, whether or not any injury is caused.
(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]; 2005 No 101, Sch 1 [22]–[25]; 2006 No 101, Sch 1 [10];
2010 No 1, Sch 2.1 [3]; 2013 No 86, Sch 1 [3].
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 an approved education and care service
within the meaning of the Children
(Education and Care Services) National Law (NSW) or the
Children (Education and Care Services) Supplementary
Provisions Act 2011, 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 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)
10 penalty units except in the case of a
dangerous, menacing or restricted dog, or
(b)
100 penalty units in the case of a dangerous,
menacing or restricted dog.
(3)
Any person (including an authorised officer) can
seize a dog that is 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.
(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 practitioner 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,
(c)
a corrective services
dog.
s 14: Am 2001 No 23,
Sch 1 [10] [11]; 2003 No 87, Sch 3.4 [2]; 2005 No 101, Sch 1 [26]–[29];
2006 No 101, Sch 1 [11]; 2010 No 1, Sch 2.1 [4]; 2010 No 67, Sch 2.3; 2011 No
70, Sch 2.9; 2013 No 86, Sch 1 [3].
14ADogs not prohibited in outdoor
dining areas in certain circumstances
(1)
The relevant legal restrictions do not prohibit a
dog (other than a dangerous, menacing or restricted dog) from being in an
outdoor dining area if:
(a)
the dog is under the effective control of some
competent person and is restrained by means of an adequate chain, cord or
leash that is attached to the dog, and
(b)
the person does not feed the dog or permit the
dog to be fed, and
(c)
the dog is kept on the
ground.
(2)
However, if the outdoor dining area is within a
public place declared by a local authority to be an off-leash area:
(a)
it is not necessary for the dog to be restrained
by means of a chain, cord or leash, and
(b)
the dog can be fed while the dog is on the
ground, but not using any apparatus provided for the consumption of food by
humans, and
(c)
the dog can sit on a person’s lap, but must
not be allowed to sit on any table or chairs or make contact with other
apparatus provided for the consumption of food by
humans.
(3)
This section does not confer any entitlement on a
person accompanied by a dog to use any table and chairs or other apparatus
provided in an outdoor dining area by a food business (within the meaning of
the Food Act 2003) without the permission of
the operator of the food business.
(4)
The relevant
legal restrictions are:
(a)
section 14 (1) (b), and
(b)
the Food Act
2003 and the Food Standards Code (within the meaning of
that Act).
(5)
An outdoor
dining area is an area that:
(a)
is used for the consumption of food by humans,
and
(b)
is not enclosed, and
(c)
can be entered by the public without passing
through an enclosed area in which dogs are prohibited by this Act or the other
relevant legal restrictions,
but does not include any part of an area that is used
for the preparation of food.
(6)
An area is enclosed if, except for doorways and
passageways, the area is substantially or completely enclosed, whether
permanently or temporarily, by:
(a)
a ceiling or roof, and
(b)
walls or windows (or
both).
s 14A: Ins 2010 No
33, Sch 1. Am 2013 No 86, Sch 1 [3].
15Certain breeds of dogs to be
muzzled
(1)
A 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 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: 8 penalty
units.
(3)
The regulations may prescribe any breed, kind or
description of dog as a breed, kind or description to which this section
applies and a dog of that breed, kind or description is then a dog to which
this section applies.
s 15: Am 2001 No 23,
Sch 1 [12]; 2005 No 101, Sch 1 [30] [31]; 2017 No 13, Sch 7.3 [2]
[3].
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)
100 penalty units except in the case of a
dangerous, menacing or restricted dog, or
(b)
400 penalty units in the case of a dangerous,
menacing or restricted dog.
(1AA)
If a dog (other than a dangerous, menacing or
restricted 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 is guilty of an offence if
the incident occurs as a result of a reckless act or omission by the owner,
or
(b)
if the owner is not present at the time of the
incident 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
if the incident occurs as a result of a reckless act or omission by that other
person.
Maximum penalty: 200 penalty units or
imprisonment for 2 years, or both.
(1AB)
If a dangerous, menacing or restricted 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 is guilty of an offence if
the incident occurs as a result of a reckless act or omission by the owner,
or
(b)
if the owner is not present at the time of the
incident 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
if the incident occurs as a result of a reckless act or omission by that other
person.
Maximum penalty: 500 penalty units or
imprisonment for 4 years, or both.
(1A)
The owner of a dangerous dog, a menacing dog or a
restricted 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 or 56 (as the case requires) in relation to the
dog.
Maximum penalty: 700 penalty units or
imprisonment for 5 years, or both.
Note—
Conviction for an offence under this subsection
results in permanent disqualification from owning a dog or from being in
charge of a dog in a public place. See section 23.
(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 or a
corrective services dog.
(4)
If, on the trial of a person charged with an
offence against subsection (1AA) or (1AB) the trier of fact is not satisfied
that the person committed the offence but is satisfied that the person
committed an offence against subsection (1), the trier of fact may find the
person not guilty of the offence charged but guilty of an offence against
subsection (1), and the person is liable to punishment
accordingly.
(5)
For the purposes of this section, recklessness
may also be established by proof of intention.
s 16: Am 2001 No 23,
Sch 1 [13] [14]; 2005 No 101, Sch 1 [32] [33]; 2010 No 1, Sch 2.1 [5]; 2013 No
86, Sch 1 [11]–[15].
17Dog must not be encouraged to
attack
(1)
A person who sets on or urges a dog (other than a
dangerous, menacing or restricted 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: 200 penalty
units.
(1A)
A person who sets on or urges a dangerous,
menacing or restricted 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: 700 penalty units or
imprisonment for 5 years, or both.
Note—
If the dog is a dangerous, menacing or restricted
dog, conviction for an offence under this section results in permanent
disqualification from owning a dog or from being in charge of a dog in a
public place. 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 or correctional officer (within the meaning of the
Crimes (Administration of Sentences) Act
1999),
(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]; 2005 No 101, Sch 1 [34]; 2010 No 1, Sch 2.1 [6]; 2013 No 86, Sch 1
[16].
18Dog that has attacked or
bitten may be secured or seized
(1)
If a dog attacks or bites any person or animal
(except vermin) otherwise than in the circumstances referred to in section 16
(2), an authorised officer may, at any time within 72 hours after the attack
or bite:
(a)
secure the dog on property that the officer has
reason to believe is occupied by the dog’s owner, 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)
If the dog is on property that an authorised
officer has reason to believe is occupied by the dog’s owner, the
officer may seize the dog only if the officer is satisfied that:
(a)
the dog cannot be kept adequately secured on that
property, or
(b)
the dog cannot be kept under the effective
control of some competent person while it is on that property,
or
(c)
the owner of the dog has repeatedly failed to
keep the dog secured on that property or under the effective control of a
competent person while it is on that property (regardless of whether the dog
is secured or under effective control at the relevant
time).
(4)
An authorised officer who, under this section,
secures or seizes a dog on property that the officer has reason to believe is
property occupied by the dog’s owner must, before leaving that property,
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.
(5)
The notice must be left:
(a)
in a conspicuous place on the property,
or
(b)
with a person (being a person apparently above
the age of 16 years) who appears to be an occupier of the
property.
(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]. Subst 2005 No 101, Sch 1 [35].
19
s 19: Rep 2005 No
101, Sch 1 [36].
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: 8 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]; 2005 No 101, Sch 1 [37].
21, 21A
(Renumbered as secs 32A, 32B)
s 21: Am 2005 No 101,
Sch 1 [38]–[40]. Renumbered as sec 32A, 2013 No 86, Sch 1
[17].
s 21A: Ins 2005 No
101, Sch 1 [41]. Renumbered as sec 32B, 2013 No 86, Sch 1
[17].
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)
(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.
s 22: Am 2005 No 101,
Sch 1 [42].
23Disqualification from owning
or being in charge of dog
(1)
A person who is convicted of any of the following
offences is permanently disqualified from owning a dog or from being in charge
of a dog in a public place:
(a)
an offence under section 16 (1AB) or
(1A),
(b)
an offence under section 17 where the dog
concerned was a dangerous, menacing 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, or from being in charge of a dog in a public
place, for a specified period:
(a)
section 15 (Certain breeds of dogs to be
muzzled),
(b)
section 16 (1) or (1AA),
(c)
section 17 (Dog must not be encouraged to
attack), except where the dog concerned was a dangerous, menacing or
restricted dog at the time of the offence,
(d)
section 36 (Obligations of owner when notified of
proposed declaration),
(e)
section 49 (Failure to comply with destruction or
control order),
(f)
section 51 (Owner of dangerous dog or menacing
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, or from being in charge of
a dog in a public place, for a specified period:
(a)
section 32A (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, or who is in
charge 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, menacing or restricted dog, or
(b)
100 penalty units in the case of a dangerous,
menacing or restricted dog.
s 23: Am 1999 No 94,
Sch 4.6; 2001 No 23, Sch 1 [18] [19]; 2005 No 101, Sch 1 [43]–[45]; 2006
No 101, Sch 1 [12]; 2013 No 86, Sch 1 [3] [17]–[21]; 2017 No 13, Sch 7.3
[4].
24Appeal against
disqualification from owning or being in charge of dog
(1)
A person against whom an order disqualifying the
person from owning or being in charge of 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.
s 24: Am 2005 No 101,
Sch 1 [46].