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CLAUSE NOTES
Dog Control Amendment Bill 2009
CLAUSE 1 - SHORT TITLE
Self explanatory
CLAUSE 2 - COMMENCEMENT
Commencing provisions of the Act on a day or days to be proclaimed will
allow for a phased introduction of different provisions of the Act. This will
ensure that the community is provided with adequate opportunity to be
advised of, and to prepare for, new provisions such as housing controls for
dangerous dogs and compulsory micro-chipping of dogs.
CLAUSE 3 - PRINCIPAL ACT
Self-explanatory
CLAUSE 4 - SECTION 3 AMENDED (INTERPRETATION)
The definitions are generally self-explanatory.
The definition of animal has been drawn from the Animal Welfare Act 1993.
The previous definition was considered too restrictive and could have resulted
in a particular animal, eg a specialist equestrian horse, not meeting the
definition.
The definitions of `laceration` and `serious injury' have been included to
support the gradation of offences in Clause 8.
CLAUSE 5 - SECTION 4 SUBSTITUTED
This amendment reorders section 4 of the Act to more clearly emphasise the
responsibilities of dog owners.
CLAUSE 6 - SECTION 15 AMENDED (REGISTER)
This clause requires a general manager to register the details of a dog
declared to be a restricted breed dog.
CLAUSE 7 - SECTION 15A INSERTED
Clause Notes Dog Control Amendment Bill 2009 1
This amendment establishes the power to require compulsory micro-chipping of
dogs over six months of age. The approved micro-chip database and
registration system will be established through subordinate legislation.
Clause Notes Dog Control Amendment Bill 2009 2
The clause establishes an exemption from compulsory micro-chipping where a
veterinary surgeon has certified that to do so may adversely affect the health
and welfare of a dog. The Minister may also declare, by order, a type, class
or breed of dog as exempt from micro-chipping.
General managers of councils are also provided with the power to micro-chip
a seized unmicro-chipped dog before returning it to its owner and to recover
the costs of doing so from the owner.
The clause imposes a duty on a person micro-chipping a dog to include the
details on an approved database.
CLAUSE 8 - SECTION 19 SUBSTITUTED
These amendments establish a new hierarchy of offences for dog attacks
allowing for a gradation of penalties according to the seriousness of an
attack.
The new section 19A establishes new controls on a dangerous dog that has
been involved in a second attack. A general manager may seize and detain
such a dog and recover the costs of doing so from the owner. A general
manager may also euthanise such a dog, but an intention to do so must be
notified to the owner, who is provided with an opportunity to appeal against
such a notice to the Magistrates Court (Administrative Appeals Division).
Penalties may be imposed on the owner who, on conviction, is barred from
owning or being in charge of a dog for a period of five years.
CLAUSE 9 - PART 3, DIVISION 3: HEADING AMENDED
This amendment includes in the heading for Division 3 a reference to the
process for declaration of restricted breed dogs.
CLAUSE 10 - SECTION 29 AMENDED (DECLARATION OF PARTICULAR
DANGEROUS DOG)
This clause removes the previous process for micro-chipping of a dangerous
dog. This process is now established under clause 13 and the new section
32A.
CLAUSE 11 - SECTION 29A INSERTED
The amendment establishes the process by which a dog is declared to be a
restricted breed dog.
Clause Notes Dog Control Amendment Bill 2009 3
Guidelines to assist in identification of restricted breed dogs will be developed
by the Director of Local Government in consultation with key stakeholder
groups. They will be based upon key characteristics of breeds such the height,
weight, coat, colouration, tail carriage, and facial and body features.
The breeds listed in subsection (3) are those breeds listed in Schedule 1 of the
Customs (Prohibited Imports) Regulations 1956 as being prohibited,
absolutely, from importation into Australia.
The clause provides for any other breed, kind or description of dog prohibited
from import into Australia to also become a restricted breed for the purposes of
this Act.
CLAUSE 12 - SECTION 31 AMENDED (APPEAL AGAINST DECLARATION)
The amendment provides the owner of a dog declared to be a restricted
breed dog with access to an appeal process to the Magistrates Court
(Administrative Appeals Division). However, the onus of proof will be on the
owner to prove that the dog is not of a restricted breed.
An owner of a dog declared to be a restricted breed dog is provided with
more time in which to appeal because there is not the same urgency as that
attached to the declaration of a dangerous dog.
If, as the result of an appeal, the court orders that a declaration be set aside,
a further declaration may only be made in relation to relevant behaviour of the
dog which occurs after the court order.
CLAUSE 13 - SECTION 32. CONTROL OF DANGEROUS DOGS AND
RESTRICTED BREED DOGS
The clause establishes controls that the owners of dangerous and restricted
breed dogs must adhere to when their dog is in a public place. An offence
for removal of a micro-chip from a dangerous or restricted breed dog is also
established.
The clause also introduces new standards for dangerous dog enclosures.
These will be specified in subordinate legislation but the intention is to draw
on the specifications utilised by the relevant New South Wales and Victorian
legislation.
Clause Notes Dog Control Amendment Bill 2009 4
These standards include minimum dimensions and materials, location and
security requirements.
An exemption is provided for a dangerous or restricted breed dog when it is
acting as a guard dog for non-residential premises.
CLAUSE 13 - SECTION 32A. DANGEROUS DOGS AND RESTRICTED BREED
DOGS TO BE DE-SEXED AND MICRO-CHIPPED
The amendment imposes a duty on the owner of a dog declared as a
dangerous dog or a restricted breed dog to have the dog de-sexed and micro-
chipped.
Owners of dogs declared as dangerous dogs prior to the commencement of
this legislation will be given 28 days in which to have their dog de-sexed and
micro-chipped.
As provided for in Clause 2 of the Bill, there will be a phased introduction of
different provisions of the Act. Owners of previously declared dangerous dogs
will therefore be given adequate opportunity to be advised of, and to prepare
for, these new provisions.
A guard dog declared as a dangerous dog under the guard dog provisions of
the Act is not required to be de-sexed.
CLAUSE 14 - SECTION 33 AMENDED (WARNING SIGNS)
The amendment extends the previous warning sign provisions for dangerous
dogs to restricted breed dogs.
CLAUSE 15 - SECTION 34 AMENDED (DANGEROUS DOG OR RESTRICTED
BREED DOG MISSING, DYING, &C.)
The clause retains the duty imposed on the owner of a dangerous dog to
notify a general manager of the transfer, death or loss of the dog but also
extends this duty to the owner of a restricted breed dog.
The amendment also introduces a duty to notify that a dangerous dog or
restricted breed dog has strayed. This is intended to control the abandonment
of a dog following a declaration.
Clause Notes Dog Control Amendment Bill 2009 5
CLAUSE 16 - SECTION 34A. APPLICATION FOR APPROVAL TO
TRANSFER OWNERSHIP OF DANGEROUS DOG OR RESTRICTED
BREED DOG
The amendment establishes controls on the transfer of declared dogs. The
requirement for a general manager to be notified of an intended transfer is
intended to allow the enclosure in the new premises to be assessed as to its
adequacy and compliance with the housing provisions of the Act before a
declared dog is acquired.
The clause includes an appeal process, to the Magistrates Court
(Administrative Appeals Division), against a decision of a general manager to
disallow a transfer.
CLAUSE 16 - SECTION 34B. OFFENCE TO TRANSFER OWNERSHIP
OF DANGEROUS DOG OR RESTRICTED BREED DOG WITHOUT
APPROVAL
The clause makes it an offence to sell or transfer ownership of a dangerous or
restricted breed dog without prior approval. An exemption is provided to
allow the disposal of a dangerous or restricted breed dog to a pound or
approved animal welfare organisation.
CLAUSE 16 - SECTION 34C. LIMIT ON NUMBER OF RESTRICTED BREED
DOGS
The amendment limits ownership of restricted breed dogs over six months of
age to two per premises. Existing owners of three or more dogs that become
restricted breed dogs under the legislation will be able to keep those dogs but,
over time, the limit will apply.
CLAUSE 16 - SECTION 34D. INTERSTATE DANGEROUS DOGS AND
RESTRICTED BREED DOGS
The amendment requires a person who has imported a dog that is a
dangerous dog or a restricted breed dog under the law of another state, to
advise the general manager within seven days of its arrival.
This clause needs to be read in conjunction with section 34A, which requires
a prospective owner to obtain prior approval for transfer of a dangerous or
restricted breed dog. Section 34D is therefore limited to a notification process
Clause Notes Dog Control Amendment Bill 2009 6
so that a general manager is made aware that a previously approved transfer
has actually taken place. This will allow micro-chip database records to be
completed.
CLAUSE 17 - SECTION 35 AMENDED (SEIZURE AND DETENTION OF
DOGS AT LARGE)
The amendment adds restricted breed dogs to the existing powers provided to
general managers to deal with seized dogs and dogs found at large.
The amendment also provides general managers with the power to micro-chip
dogs found at large and to recover the costs of doing so from an owner.
A general manager cannot exercise this power where a veterinary surgeon
has certified that to do so may adversely affect the health and welfare of the
dog. Similarly, a general manager cannot exercise this power if the dog is a
dog, or a type, class or breed of dog that the Minister has declared as
exempt from compulsory micro-chipping.
CLAUSE 18 - SECTION 36 AMENDED (PAYMENT OF FEES RELATING TO
SEIZED DOGS)
The amendment extends the existing penalties for failure to pay the costs
associated with the seizure and detention of a dog at large under section 35
to include the cost of micro-chipping the dog, if this was necessary.
Clause Notes Dog Control Amendment Bill 2009 7
CLAUSE 19 - SECTION 37 AMENDED (SEIZURE AND DETENTION OF
OTHER DOGS)
The amendment has been included to clarify that a dog seized as a result of
an attack, or because of the failure of an owner to comply with the control
requirements for a dangerous or restricted breed dog, may be detained at a
pound, or an approved animal welfare organisation, as well as any form of
custody approved by an authorised person.
CLAUSE 20 - SECTION 39 AMENDED (RELEASE OF DOGS)
This clause amends the requirements for release of dogs to provide for the
separate arrangements for the release of dangerous dogs under the new
section 39A.
CLAUSE 21 - SECTION 39A INSERTED
This clause imposes a duty on a general manager not to release a seized
dangerous dog to its owner until satisfied that the enclosure requirements for
housing of the dangerous dog have been met.
The general manager may extend the period provided to an owner to
establish a suitable enclosure but, where there is unsatisfactory progress, the
dangerous dog may be euthanised. An appeal provision to the Magistrates
Court (Administrative Appeals Division) is provided, but an owner is liable for
the costs of detention, until the dangerous dog is released or euthanised. If the
dangerous dog is euthanised the owner is also liable for the costs of
euthanasia and disposal of the body.
CLAUSE 22 - SECTION 49A INSERTED ABATEMENT NOTICES
This clause provides for a new system of abatement notices to address
nuisance behaviour of dogs. Nuisance behaviour is already defined in
section 46 (3) of the Act and includes the noise created by persistent barking.
An abatement notice will clearly set out the nature of the nuisance, what is
expected to be done about the nuisance, the timeframe within action must be
taken and by whom.
General managers are also provided with powers of entry to investigate
nuisance behaviour.
Clause Notes Dog Control Amendment Bill 2009 8
The abatement notice process includes an appeal mechanism to the
Magistrates Court (Administrative Appeals Division).
Clause Notes Dog Control Amendment Bill 2009 9
CLAUSE 23 - SECTION 62 AMENDED (ORDER FOR DESTRUCTION OF
DOG)
The amendment extends the existing options available to a court to deal with a
dog that it has found has attacked a person or an animal, or a dog that has
been found to have killed another animal.
The amendment extends the existing ability of a court to direct a general
manager to declare a dog to be a dangerous dog, to also allow for a
direction that a dog be declared a restricted breed dog.
CLAUSE 24 - SECTION 73 AMENDED (ENTERING LAND)
The amendment applies the same provisions for dealing with the seizure and
detention of dogs at large to a dog seized as a result of an entry and search
on land.
These provisions also stipulate measures a general manager must take before
a dog is sold, euthanised or otherwise disposed of.
A general manager is also empowered to micro-chip a dog seized as a result
of an entry and search on land and to recover the costs of doing so from an
owner.
However, a general manager cannot micro-chip a dog if a veterinary surgeon
has certified that to do so may adversely affect the health and welfare of the
dog. Similarly, a general manager cannot exercise this power if the dog is of
a type, class or breed of dog that the Minister has declared, by order, as
exempt from compulsory micro-chipping.
Clause Notes Dog Control Amendment Bill 2009 10