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TASMANIA
__________
DOG CONTROL AMENDMENT BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 substituted
4. Dog under effective control
6. Section 15 amended (Register)
7. Section 15A inserted
15A. Implanting of micro-chips
8. Section 19 substituted
19. Dogs attacking persons or animals
19A. Subsequent attack by dangerous dog
9. Part 3, Division 3: Heading amended
10. Section 29 amended (Declaration of particular dangerous dog)
11. Section 29A inserted
29A. Declaration of restricted breed dogs
12. Section 31 amended (Appeal against declaration)
13. Section 32 substituted
32. Control of dangerous dogs and restricted breed dogs
32A. Dangerous dogs and restricted breed dogs to be de-
sexed and micro-chipped
14. Section 33 amended (Warning signs)
[Bill 27]-IV
15. Section 34 amended (Dangerous dog or restricted breed dog
missing, dying, &c.)
16. Sections 34A, 34B, 34C and 34D inserted
34A. Application for approval to transfer ownership of
dangerous dog or restricted breed dog
34B. Offence to transfer ownership of dangerous dog or
restricted breed dog without approval
34C. Limit on number of restricted breed dogs
34D. Interstate dangerous dogs and restricted breed dogs
17. Section 35 amended (Seizure and detention of dogs at large)
18. Section 36 amended (Payment of fees relating to seized dogs)
19. Section 37 amended (Seizure and detention of other dogs)
20. Section 39 amended (Release of dogs)
21. Section 39A inserted
39A. Destruction of dangerous dog if enclosure not
suitable
22. Section 49A inserted
49A. Abatement notices
23. Section 62 amended (Order for destruction of dog)
24. Section 73 amended (Entering land)
2
DOG CONTROL AMENDMENT BILL 2009
(Brought in by the Minister for Local Government, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Dog Control Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Dog Control
Amendment Act 2009.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Dog Control Act 2000* is
referred to as the Principal Act.
*No. 102 of 2000
[Bill 27] 3
Dog Control Amendment Act 2009
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of "animal"
and substituting the following definition:
"animal" means any live vertebrate
animal other than a human being;
(b) by inserting the following definition after
the definition of "declared area":
"de-sex" means to render permanently
incapable of reproduction;
(c) by omitting the definition of "domestic
animal";
(d) by inserting the following definition after
the definition of "infringement notice":
"laceration" means a wound caused
by -
(a) the tearing of body tissue;
or
(b) multiple punctures caused
by more than one bite
from a dog;
(e) by inserting the following definition after
the definition of "restricted area":
4
Dog Control Amendment Act 2009
Act No. of
s. 5
"restricted breed dog" means a dog
declared to be a restricted breed
dog under section 29A;
(f) by inserting the following definition after
the definition of "road-related area":
"serious injury" means -
(a) an injury requiring
medical or veterinary
attention in the nature of -
(i) a broken bone; or
(ii) a laceration; or
(iii) a partial or total
loss of sensation
or function in a
part of the body;
or
(b) an injury requiring
medical or cosmetic
surgery;
5. Section 4 substituted
Section 4 of the Principal Act is repealed and the
following section is substituted:
4. Dog under effective control
(1) A dog is under the effective control of a
person in a public place if the dog is -
5
Dog Control Amendment Act 2009
Act No. of
s. 5
(a) on a road or road-related area in a
built-up area, or any other public
place declared under Division 2
of Part 3 to be an area where a
dog must be on a lead, and the
dog is secured and restrained by
means of a lead not more than 2
metres long held by hand by a
person able to control the dog; or
(b) tethered to a fixed object by a
lead not more than 2 metres long
for a period not more than 30
minutes.
(2) A dog is under the effective control of a
person while not on a lead if the dog is -
(a) a working dog engaged in
working; or
(b) a hunting dog engaged in
hunting; or
(c) engaged in racing or showing; or
(d) engaged in obedience or agility
trials; or
(e) engaged in training for any
activity referred to in
paragraph (a), (b), (c) or (d); or
(f) engaged in training in a training
area.
6
Dog Control Amendment Act 2009
Act No. of
s. 6
(3) In an area where a dog is not required to
be on a lead, the dog is under the
effective control of a person if -
(a) it is in close proximity to the
person; and
(b) it is in sight of the person; and
(c) the person is able to demonstrate
to the satisfaction of an
authorised person that the dog is
immediately responsive to the
person's commands.
(4) A dog is under the effective control of a
person on private premises if the dog is
securely confined to those premises.
(5) A person, at any one time, must not have
in his or her charge more than -
(a) 2 dogs on a lead on a footpath; or
(b) 4 dogs in a public place.
Penalty: Fine not exceeding 5 penalty
units.
6. Section 15 amended (Register)
Section 15(2)(d) of the Principal Act is amended
by inserting "or a restricted breed dog" after
"dangerous dog".
7
Dog Control Amendment Act 2009
Act No. of
s. 7
7. Section 15A inserted
After section 15 of the Principal Act, the
following section is inserted in Part 2:
15A. Implanting of micro-chips
(1) The owner of a dog that is over 6 months
of age must ensure that the dog is
implanted in an approved manner with an
approved micro-chip.
Penalty: Fine not exceeding 10 penalty
units.
(2) Subsection (1) does not apply to -
(a) a dog in respect of which a
veterinary surgeon has issued a
certificate stating that to implant
the dog with a micro-chip may
adversely affect the health and
welfare of the dog; or
(b) a type, class or breed of dog that
the Minister, by order, declares is
not required to be implanted with
a micro-chip.
(3) If a dog that is required to be implanted
with a micro-chip is not so implanted and
is seized in accordance with this Act, a
general manager may cause the dog to be
implanted in an approved manner with an
approved micro-chip.
8
Dog Control Amendment Act 2009
Act No. of
s. 8
(4) The owner of the dog is liable for the
costs associated with the implanting.
(5) A person who implants a dog with a
micro-chip must enter the prescribed
details in an approved database.
8. Section 19 substituted
Section 19 of the Principal Act is repealed and
the following sections are substituted:
19. Dogs attacking persons or animals
(1) If a dog rushes at or chases any person,
the owner of the dog is guilty of an
offence.
Penalty: Fine not exceeding 5 penalty
units.
(2) If a dog that is not a dangerous dog or a
restricted breed dog attacks or bites any
person or animal and the injuries caused
by the dog to the person or animal are not
in the nature of a serious injury, the
owner of the dog is guilty of an offence.
Penalty: Fine not exceeding 10 penalty
units.
(3) If a dog that is not a dangerous dog or a
restricted breed dog attacks or bites any
person or animal and causes a serious
injury to the person or a serious injury or
9
Dog Control Amendment Act 2009
Act No. of
s. 8
death to the animal, the owner of the dog
is guilty of an offence.
Penalty: Fine not exceeding 20 penalty
units.
(4) If a dangerous dog or a restricted breed
dog, that is not a guard dog guarding
non-residential premises, attacks or bites
any person or animal, the owner of the
dog is guilty of an offence.
Penalty: Fine not exceeding 30 penalty
units or imprisonment for a term
not exceeding one month, or
both.
(5) If a dog attacks a person, the owner of
the dog must notify the council within 24
hours after the attack.
Penalty: Fine not exceeding 5 penalty
units.
(6) In any proceedings under this section, it
is not necessary to prove that any actual
injury was caused to any person.
(7) It is a defence in proceedings for an
offence under this section if the
defendant establishes that -
(a) the dog was being used in the
reasonable defence of any person
or property; or
10
Dog Control Amendment Act 2009
Act No. of
s. 8
(b) the dog was being teased, abused
or assaulted; or
(c) the dog was a working dog
engaged in -
(i) working with police; or
(ii) droving or tending
livestock; or
(d) the dog was a hunting dog
engaged in hunting.
(8) If an owner of a dog is found guilty of an
offence under this section, the court may,
in addition to any other order made by
the court, order that the owner pay
compensation for any damage caused or
costs incurred as a result of the conduct
of the dog.
(9) If the owner of a dog is found guilty of
an offence under this section, the court
may order that the dog be destroyed.
(10) In this section -
"owner", in relation to a dog, means
the person who apparently has
control of the dog at the relevant
time.
19A. Subsequent attack by dangerous dog
(1) If a dangerous dog that has attacked an
animal or a person subsequently attacks
11
Dog Control Amendment Act 2009
Act No. of
s. 8
any animal or person, an authorised
officer may seize and detain the dog.
(2) The general manager may destroy a dog
seized and detained under subsection (1).
(3) The general manager, by notice in
writing served on the owner of the dog, is
to notify the owner of the general
manager's decision to destroy the dog.
(4) An owner served with a notice under
subsection (3) may, within 14 days after
being served with the notice, appeal to
the Magistrates Court (Administrative
Appeals Division) against the general
manager's decision.
(5) The Magistrates Court (Administrative
Appeals Division) may order that -
(a) the decision is confirmed; or
(b) the decision be set aside.
(6) The owner of a dog that is detained under
subsection (1) is liable for the costs of
detaining the dog and, in the event that
the dog is destroyed, the costs associated
with its destruction and the disposal of its
body.
(7) The owner of a dangerous dog that has
attacked an animal or a person and that
subsequently attacks any animal or
person is guilty of an offence and is
liable, on summary conviction, to a
12
Dog Control Amendment Act 2009
Act No. of
s. 9
penalty not exceeding 50 penalty units or
a term of imprisonment not exceeding 12
months, or both.
(8) The owner of a dangerous dog to which
subsection (7) applies must not own, or
be in charge of, any dog in the period of
5 years immediately following
conviction or finding of guilt in respect
of the subsequent attack.
Penalty: Fine not exceeding 30 penalty
units.
9. Part 3, Division 3: Heading amended
Division 3 of Part 3 of the Principal Act is
amended by omitting "Dangerous dogs" from
the heading to that Division and substituting
"Dangerous dogs and restricted breed dogs".
10. Section 29 amended (Declaration of particular
dangerous dog)
Section 29 of the Principal Act is amended by
omitting subsection (2).
11. Section 29A inserted
After section 29 of the Principal Act, the
following section is inserted in Division 3:
13
Dog Control Amendment Act 2009
Act No. of
s. 11
29A. Declaration of restricted breed dogs
(1) An authorised person, by notice served
on the owner of a dog, may declare that
dog to be a restricted breed dog if the
authorised person, having regard to any
approved guidelines relating to restricted
breeds, is satisfied that the dog is a dog
of a restricted breed.
(2) A notice under subsection (1) is to -
(a) state the reasons for the
declaration; and
(b) advise the owner of the right of
appeal under section 31.
(3) For the purposes of subsection (1), the
following breeds of dog are restricted
breeds:
(a) dogo Argentino;
(b) fila Brasileiro;
(c) Japanese tosa;
(d) American pit bull terrier or pit
bull terrier;
(e) Perro de Presa Canario or Presa
Canario;
(f) any other breed, kind or
description of dog whose
importation into Australia is
prohibited by or under the
14
Dog Control Amendment Act 2009
Act No. of
s. 12
Customs Act 1901 of the
Commonwealth.
12. Section 31 amended (Appeal against declaration)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
magistrate" and substituting "the
Magistrates Court (Administrative
Appeals Division)";
(b) by inserting the following subsections
after subsection (1):
(1A) An owner of a dog declared to be
a restricted breed dog under
section 29A may appeal against
the declaration to the Magistrates
Court (Administrative Appeals
Division) within 28 days after
service of the notice.
(1B) The onus of proving that a dog is
not a restricted breed dog is on
the person making that assertion.
(c) by omitting from subsection (2) "A
magistrate" and substituting "The
Magistrates Court (Administrative
Appeals Division)";
(d) by omitting subsection (3) and
substituting the following subsection:
15
Dog Control Amendment Act 2009
Act No. of
s. 13
(3) If the Magistrates Court
(Administrative Appeals
Division) orders that a declaration
in respect of a dangerous dog be
set aside, a general manager may
only declare the dog to be a
dangerous dog in respect of
behaviour of the dog that occurs
after that order.
13. Section 32 substituted
Section 32 of the Principal Act is repealed and
the following sections are substituted:
32. Control of dangerous dogs and restricted
breed dogs
(1) The owner or person in charge of a
dangerous dog or a restricted breed dog
must ensure that -
(a) the dog, when in a public place -
(i) is muzzled so as to be
unable to bite a person or
animal; and
(ii) is on a lead that is not
more than 2 metres long,
is held by hand and is
sufficient to control and
restrain the dog; and
16
Dog Control Amendment Act 2009
Act No. of
s. 13
(iii) is under the control of a
person at least 18 years of
age; and
(b) the dog wears an approved collar
at all times; and
(c) the microchip implanted in the
dog is not removed without the
approval of the general manager.
Penalty: Fine not exceeding 20 penalty
units.
(2) The owner or person in charge of a
dangerous dog must ensure that the dog,
when not in a public place, is housed in
an enclosure that complies with the
prescribed requirements.
Penalty: Fine not exceeding 20 penalty
units.
(3) This section does not apply in respect of
a dangerous dog, or a restricted breed
dog, that is guarding premises that are
not residential premises if the owner of
the dog has notified the general manager,
in writing, that the dog is a guard dog.
32A. Dangerous dogs and restricted breed dogs to
be de-sexed and micro-chipped
(1) The owner of a dog that is declared to be
a dangerous dog or a restricted breed dog
must ensure that the dog is de-sexed, and
17
Dog Control Amendment Act 2009
Act No. of
s. 13
implanted in an approved manner with an
approved microchip, within -
(a) 28 days after service of the
notice, if an appeal is not made
under section 31; or
(b) 7 days after an order is made
under section 31(2)(a), if an
appeal is made under that section
and such an order is made.
Penalty: Fine not exceeding 20 penalty
units.
(2) The owner of a dog, that at any time
before the commencement of the Dog
Control Amendment Act 2009 was
declared to be a dangerous dog, must
ensure that the dog is de-sexed within 28
days after the commencement of that
Act.
Penalty: Fine not exceeding 20 penalty
units.
(3) The owner of a dangerous dog or a
restricted breed dog must provide the
general manager of the municipal area in
which the owner normally resides with a
copy of a veterinary surgeon's certificate,
stating that the dog has been de-sexed or
implanted with a microchip, within 7
days after the de-sexing or implanting.
Penalty: Fine not exceeding 10 penalty
units.
18
Dog Control Amendment Act 2009
Act No. of
s. 14
(4) A dog that is declared to be a dangerous
dog under section 30(2) is not required to
be de-sexed.
14. Section 33 amended (Warning signs)
Section 33 of the Principal Act is amended by
inserting "or a restricted breed dog" after
"dangerous dog".
15. Section 34 amended (Dangerous dog or restricted
breed dog missing, dying, &c.)
Section 34 of the Principal Act is amended as
follows:
(a) by inserting "or a restricted breed dog"
after "dangerous dog";
(b) by inserting ", strays" after "missing".
16. Sections 34A, 34B, 34C and 34D inserted
After section 34 of the Principal Act, the
following sections are inserted in Division 3:
34A. Application for approval to transfer
ownership of dangerous dog or restricted
breed dog
(1) A person who wishes to have ownership
of a dangerous dog or a restricted breed
dog transferred to him or her (the
19
Dog Control Amendment Act 2009
Act No. of
s. 16
"prospective owner") is to apply to the
general manager of the municipal area in
which the prospective owner normally
resides for approval to transfer ownership
of the dog.
(2) An application is to -
(a) be in writing; and
(b) identify the dog to be transferred;
and
(c) state the name and address of the
prospective owner; and
(d) be signed by the owner and the
prospective owner.
(3) On receipt of an application, a general
manager may -
(a) approve the transfer; or
(b) disallow the transfer and notify
the prospective owner of the
decision and the reasons for it
within 14 days.
(4) The prospective owner may appeal to the
Magistrates Court (Administrative
Appeals Division) against a decision of a
general manager to disallow a transfer,
within 14 days after being notified of the
decision.
(5) The Magistrates Court (Administrative
Appeals Division) may order that -
20
Dog Control Amendment Act 2009
Act No. of
s. 16
(a) the decision is confirmed; or
(b) the decision be set aside.
34B. Offence to transfer ownership of dangerous
dog or restricted breed dog without approval
(1) A person must not, without the written
approval of a general manager, sell, or
otherwise transfer ownership of, a
dangerous dog or a restricted breed dog.
Penalty: Fine not exceeding 20 penalty
units.
(2) A person does not commit an offence
under this section by reason only of
surrendering a dog to a pound or an
approved animal welfare organisation.
34C. Limit on number of restricted breed dogs
(1) A person must not own, keep, or allow to
be kept on any premises, more than 2
restricted breed dogs over the age of 6
months.
Penalty: Fine not exceeding 20 penalty
units.
(2) Subsection (1) does not apply in respect
of a dog that immediately before the
commencement of the Dog Control
Amendment Act 2009 was not a restricted
breed dog.
21
Dog Control Amendment Act 2009
Act No. of
s. 17
34D. Interstate dangerous dogs and restricted
breed dogs
(1) A dog that is declared under a
corresponding law to be equivalent to a
dangerous dog or a restricted breed dog,
is taken to be a dangerous dog or a
restricted breed dog for the purposes of
this Act.
(2) A person who imports into this State a
dog to which subsection (1) applies must,
within 7 days after the importation,
notify the general manager of the
municipal area in which the person
normally resides that the dog has been
imported.
Penalty: Fine not exceeding 20 penalty
units.
(3) In this section -
"corresponding law" means a
provision of a law of another
State or a Territory that relates to
the declaration of dogs as
dangerous dogs or restricted
breed dogs or equivalent.
17. Section 35 amended (Seizure and detention of dogs
at large)
Section 35 of the Principal Act is amended as
follows:
22
Dog Control Amendment Act 2009
Act No. of
s. 17
(a) by inserting in subsection (4)(a) "or a
restricted breed dog" after "dangerous
dog";
(b) by inserting in subsection (4)(b) "or a
restricted breed dog" after "dangerous
dog";
(c) by inserting the following subsections
after subsection (5):
(6) The general manager may cause a
dog that is seized under this
section to be implanted in an
approved manner with an
approved micro-chip.
(7) The owner of the dog is liable for
the costs associated with the
implanting.
(8) Subsection (6) does not apply to -
(a) a dog referred to in
section 15A(2)(a); or
(b) a dog or a type, class or
breed of dog, declared
under section 15A(2)(b)
to be not required to be
implanted with a micro-
chip.
23
Dog Control Amendment Act 2009
Act No. of
s. 18
18. Section 36 amended (Payment of fees relating to
seized dogs)
Section 36(1) of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
(ba) the cost of implanting the dog with a
micro-chip under section 35(6); and
19. Section 37 amended (Seizure and detention of other
dogs)
Section 37(2) of the Principal Act is amended by
inserting "a pound, approved animal welfare
organisation or" after "in".
20. Section 39 amended (Release of dogs)
Section 39 of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) subject to section 39A, on payment of -
(i) any fines or costs ordered to be
paid by a court if the court does
not order the destruction of the
dog; and
(ii) any registration fees if the dog is
unregistered; or
24
Dog Control Amendment Act 2009
Act No. of
s. 21
21. Section 39A inserted
After section 39 of the Principal Act, the
following section is inserted in Division 4:
39A. Destruction of dangerous dog if enclosure
not suitable
(1) The general manager is not to release a
dangerous dog to its owner unless the
general manager is of the opinion that -
(a) the owner has an enclosure in
which to keep the dog that
satisfies the requirements of
section 32; or
(b) satisfactory alternative
arrangements for housing the dog
have been made.
(2) If the owner of a dangerous dog does not
have an enclosure referred to in
subsection (1), the general manager may,
by notice in writing served on the owner,
require the owner to build, or have built,
such an enclosure within 28 days after
service of the notice.
(3) The general manager may extend the
period specified in subsection (2) if of
the opinion that sufficient progress
towards the completion of the enclosure
has been made.
(4) If the owner does not build, or have built,
a suitable enclosure within the period
25
Dog Control Amendment Act 2009
Act No. of
s. 21
specified in the notice or such other
period as the general manager allows
under subsection (3), or does not make
satisfactory alternative arrangements for
housing the dog, the general manager
may destroy the dog.
(5) Before destroying a dog under this
section, the general manager must, by
notice in writing served on the owner,
notify the owner of the general
manager's intention to destroy the dog.
(6) An owner served with a notice under
subsection (5) may, within 14 days after
being served with the notice, appeal to
the Magistrates Court (Administrative
Appeals Division) against the general
manager's decision to destroy the dog.
(7) The Magistrates Court (Administrative
Appeals Division) may order that -
(a) the decision is confirmed; or
(b) the decision be set aside.
(8) The owner of a dog that is detained under
subsection (1) is liable for the costs of
detaining the dog until it is released or
destroyed in accordance with this section
and, if it is destroyed, the costs
associated with its destruction and the
disposal of its body.
26
Dog Control Amendment Act 2009
Act No. of
s. 22
22. Section 49A inserted
After section 49 of the Principal Act, the
following section is inserted in Division 6:
49A. Abatement notices
(1) If a general manager is satisfied that a
dog is creating a nuisance, the general
manager may serve an abatement notice
on the owner or person apparently in
charge of the dog.
(2) An abatement notice is to state -
(a) the nature of the nuisance; and
(b) any action to be taken that the
general manager considers to be
necessary to abate the nuisance;
and
(c) the period within which such
action is to be taken.
(3) A person served with an abatement
notice must comply with the notice,
unless the person lodges an appeal under
subsection (5).
Penalty: Fine not exceeding 20 penalty
units.
(4) For the purpose of ascertaining whether a
nuisance exists, the general manager
may -
(a) enter and remain on land; and
27
Dog Control Amendment Act 2009
Act No. of
s. 22
(b) do any thing reasonably
necessary for that purpose.
(5) A person served with an abatement
notice may appeal to the Magistrates
Court (Administrative Appeals Division)
within 14 days after service of the notice
on any one or more of the following
grounds:
(a) that a nuisance does not exist;
(b) that an action required by the
abatement notice is unreasonable;
(c) that the period stated in the
abatement notice is unreasonable.
(6) The Magistrates Court (Administrative
Appeals Division) may -
(a) order that the person is to comply
with the abatement notice; or
(b) modify the abatement notice and
order that the person and the
council are to comply with the
modified notice; or
(c) order that the council withdraw
the abatement notice.
28
Dog Control Amendment Act 2009
Act No. of
s. 23
23. Section 62 amended (Order for destruction of dog)
Section 62(3)(c) of the Principal Act is amended
by inserting "or a restricted breed dog" after
"dangerous dog".
24. Section 73 amended (Entering land)
Section 73 of the Principal Act is amended by
inserting after subsection (4) the following
subsections:
(5) Division 4 of Part 3 applies in respect of
a dog seized under this section as if it
were a dog at large.
(6) If a dog is seized under this section, the
relevant general manager must give the
owner of the dog written notice stating -
(a) the offence against this Act that it
is alleged has been committed;
and
(b) any steps that the general
manager requires to be
undertaken before the dog is
returned, to prevent the
commission of the same or
another offence against this Act;
and
(c) that the dog may be disposed of
or destroyed if not claimed within
5 days after the date of the notice.
Government Printer, Tasmania 29