New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 33A

33A Meaning of "menacing" and "menacing breed or kind of dog"

(1) For the purposes of this Act, a dog is
"menacing" if it--

(a) has displayed unreasonable aggression towards a person or animal (other than vermin), or

(b) has, without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death.

(2) The regulations may declare a breed or kind of dog to be a
"menacing breed or kind of dog" .

(3) The Minister is not to recommend the making of a regulation under subsection (2) unless the Minister is satisfied that the breed or kind of dog concerned displays characteristics associated with menacing behaviour. A failure to comply with this subsection does not invalidate the regulation concerned.

(4) For the purposes of this section, a
"serious injury" includes any of the following--

(a) any injury that requires hospitalisation of a person or animal,

(b) a broken bone that requires medical or veterinary attention,

(c) a major laceration (that is, a wound caused by the tearing of body tissue or by multiple punctures caused by more than one bite from a dog) that requires medical or veterinary attention,

(d) a partial or total loss of sensation or function in a part of the body that requires medical or veterinary attention,

(e) any other injury requiring medical or veterinary attention, of the same level of seriousness as the injuries described in paragraphs (b)-(d),

(f) an injury that requires a person to have cosmetic surgery.