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This is a Bill, not an Act. For current law, see the Acts databases.


DOG AMENDMENT BILL 2012

                     Western Australia


           Dog Amendment Bill 2012

                        CONTENTS


      Part 1 -- Preliminary
1.    Short title                                               2
2.    Commencement                                              2
      Part 2 -- Dog Act 1976 amended
3.    Act amended                                               3
4.    Section 3 amended                                         3
5.    Section 6 amended                                         8
6.    Section 7 amended                                         9
7.    Section 8 replaced                                       10
      8.        Assistance dogs                           10
8.    Sections 10AA and 10AB inserted                          12
      10AA.     Delegation of local government powers
                and duties                                12
      10AB.     Register of, and review of, delegations   13
9.    Section 11 amended                                       13
10.   Section 12A amended                                      14
11.   Part III heading replaced and Part III Division 1
      heading inserted                                         15
      Part III -- Registration and identification
      Division 1 -- Registration
12.   Section 14 replaced                                      15
      14.       Register of dogs                          15
13.   Section 15 amended                                       15
14.   Section 16 amended                                       17
15.   Section 16AA inserted                                    19
      16AA.     Owner's delegate                          19
16.   Section 16A amended                                      20
17.   Section 17A inserted                                     21
      17A.      If no application for registration made   21



                           292--1B                              page i
Dog Amendment Bill 2012



Contents



      18.    Section 17 amended                                          22
      19.    Section 18 amended                                          22
      20.    Section 20 amended                                          22
      21.    Part III Divisions 2 and 3 inserted                         23
             Division 2 -- Microchipping
             21.       Dogs other than dangerous dogs to be
                       microchipped from 1 November 2013 if
                       not already registered                       23
             22.       All dangerous dogs to be microchipped        23
             23.       Notice to be given of microchip
                       information                                  25
             24.       Microchip implanter to give information to
                       microchip database company                   25
             25.       Microchip database company's obligations     25
             26A.      Interference with microchips                 26
             26B.      Transfer of ownership of unmicrochipped
                       dogs                                         26
             26C.      Transfer of ownership of microchipped
                       dogs                                         26
             Division 3 -- Changes to recorded information
             26D.      Notice to be given of changes to recorded
                       information                                  26
      22.    Section 26 amended                                          27
      23.    Section 27 amended                                          30
      24.    Section 28 inserted                                         30
             28.       Obligation to identify a dog's owner         30
      25.    Section 29 amended                                          31
      26.    Section 30A inserted                                        36
             30A.      Operator of dog management facility may
                       have dog microchipped at owner's
                       expense                                      36
      27.    Section 30 amended                                          37
      28.    Section 31 amended                                          37
      29.    Section 32 amended                                          40
      30.    Section 33 amended                                          41
      31.    Section 33A amended                                         42
      32.    Section 33B amended                                         43
      33.    Section 33D amended                                         43
      34.    Section 33E amended                                         45
      35.    Section 33F amended                                         46
      36.    Sections 33GA to 33GE inserted                              47
             33GA.     Offences relating to dangerous dogs          47
             33GB.     Dangerous dogs (restricted breed) to be
                       sterilised                                   52



page ii
                                             Dog Amendment Bill 2012



                                                                  Contents



      33GC.     Restrictions on transferring ownership of
                dangerous dogs (restricted breed)            52
      33GD.     Dangerous dogs (restricted breed) not to
                be bred                                      54
      33GE.     Prohibition on transfer of ownership of
                dangerous dogs (declared) to persons
                under 18                                     54
37.   Section 33G amended                                           55
38.   Section 33H amended                                           56
39.   Section 33I amended                                           56
40.   Section 33J amended                                           57
41.   Section 33K amended                                           57
42.   Section 33L replaced                                          59
      33L.      Defences applicable to this Division         59
43.   Section 33M amended                                           60
44.   Section 34 amended                                            60
45.   Section 36 deleted                                            61
46.   Section 38 replaced                                           61
      38.       Nuisance dogs                                61
47.   Section 39 amended                                            62
48.   Section 43 amended                                            63
49.   Section 43A amended                                           64
50.   Section 44 amended                                            64
51.   Section 45 amended                                            65
52.   Section 45A amended                                           66
53.   Section 46A inserted                                          67
      46A.      Order to attend a dog training course, ban
                on owning or keeping dogs                    67
54.   Section 47 replaced                                           68
      47.       Veterinary service expenses recoverable
                from local government                        68
55.   Section 50 amended                                            69
56.   Section 51 amended                                            69
57.   Section 53 deleted                                            69
58.   Section 54 amended                                            70
59.   Part XI inserted                                              70
      Part XI -- Transitional provisions
      Division 1 -- Transitional provisions arising from
             certain amendments made by the Dog
             Amendment Act 2012
      55.       Application of the Interpretation Act 1984   70
      56.       Authorisations in relation to assistance
                dogs                                         71


                                                                   page iii
Dog Amendment Bill 2012



Contents



             57.      Registration procedure                    71
             58.      Detained dogs                             71
             59.      Dogs declared to be dangerous dogs        71
             60.      Transitional regulations                  72

             Part 3 -- Regulations repealed
      60.    Dog (Restricted Breeds) Regulations (No. 2) 2002
             repealed                                                74




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY



                Dog Amendment Bill 2012


                               A Bill for


An Act to amend the Dog Act 1976 and to repeal the Dog (Restricted
Breeds) Regulations (No. 2) 2002.



The Parliament of Western Australia enacts as follows:




                                                             page 1
    Dog Amendment Bill 2012
    Part 1      Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Dog Amendment Act 2012.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) sections 1 and 2 -- on the day on which this Act
7                   receives the Royal Assent;
8             (b) the rest of the Act -- on a day fixed by proclamation,
9                   and different days may be fixed for different provisions.




    page 2
                                                        Dog Amendment Bill 2012
                                            Dog Act 1976 amended         Part 2

                                                                             s. 3



1                     Part 2 -- Dog Act 1976 amended
2    3.         Act amended
3               This Part amends the Dog Act 1976.

4    4.         Section 3 amended
5         (1)   In section 3(1) delete the definitions of:
6               dangerous dog
7               guide dog
8         (2)   In section 3(1) insert in alphabetical order:
9

10                    CEO means the chief executive officer of the
11                    department of the Public Service principally assisting
12                    the Minister in the administration of this Act;
13                    commercial security dog means a dog that is kept
14                    primarily for the purpose of guarding or protecting
15                    premises that are not dwellings and that are not the
16                    premises of the dog's owner, whether or not
17                    accompanied by a dog handler;
18                    dangerous dog means a dog that is --
19                      (a) a dangerous dog (declared); or
20                      (b) a dangerous dog (restricted breed); or
21                      (c) a commercial security dog;
22                    dangerous dog (declared) means an individual dog that
23                    under section 33E(1) is declared to be a dangerous dog
24                    (declared);
25                    dangerous dog (restricted breed) means a dog that --
26                      (a) is of a breed prescribed by the regulations to be
27                            a restricted breed; or
28                      (b) is a mix of 2 or more breeds, one being a breed
29                            prescribed by the regulations to be a restricted
30                            breed;

                                                                          page 3
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 4



1                dog management facility means --
2                  (a) a facility operated by a local government that
3                        is, or may be, used for keeping dogs; or
4                  (b) a facility for keeping dogs that is operated by a
5                        person or body prescribed; or
6                  (c) a facility for keeping dogs that is operated by a
7                        person or body approved in writing by a local
8                        government;
9                dwelling means a place or a part of a place that is
10               ordinarily used for human habitation and it does not
11               matter that it is from time to time uninhabited;
12               effectively confined --
13                 (a) in relation to keeping a dog in premises
14                       comprising a mobile home, means the mobile
15                       home is designed and constructed in a way that
16                       enables an occupant to prevent the dog from
17                       escaping the mobile home; and
18                 (b) in relation to keeping a dog in or at other
19                       premises, or in any outdoor area of those
20                       premises, means the premises or area is
21                       bounded by a fence or barrier of a standard
22                       sufficient to prevent the dog from escaping;
23               microchip means an identification device of a
24               prescribed type that --
25                 (a) is capable of being implanted in a dog; and
26                 (b) is designed to record information in a way that
27                       can be electronically retrieved;
28               microchip database means a database --
29                 (a) of records containing information about a dog
30                       and its owner; and
31                 (b) kept by a microchip database company;




     page 4
                                     Dog Amendment Bill 2012
                         Dog Act 1976 amended         Part 2

                                                              s. 4



1    microchip database company means --
2      (a) a person or body --
3               (i) that keeps a microchip database; and
4              (ii) that is prescribed as a microchip
5                    database company for the purposes of
6                    this definition;
7            and
8      (b) in relation to a particular dog, means the
9            microchip database company that keeps, or has
10           agreed to keep, records containing information
11           about that dog and its owner;
12   microchip implanter means --
13     (a) a prescribed person; or
14     (b) a person holding the prescribed qualifications
15           for a microchip implanter;
16   microchipped means implanted with a microchip in a
17   prescribed manner;
18   mobile home means a caravan or campervan --
19     (a) that is ordinarily used for human habitation;
20           and
21     (b) that is permanently or semi-permanently
22           stationary in a single location;
23   owner's delegate, in relation to a registered owner,
24   means a person appointed under section 16AA as the
25   dog owner's delegate;
26   police officer means a person appointed --
27     (a) under the Police Act 1892 Part I to be a
28           member of the Police Force of Western
29           Australia; or
30     (b) under the Police Act 1892 section 35 to be a
31           special constable; or



                                                        page 5
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 4



1                  (c)   under the Police Act 1892 section 38B(1) to be
2                        an Aboriginal police liaison officer;
3                prescribed means prescribed under regulations made
4                under this Act;
5                scan means to scan in a manner that enables a
6                microchip to be detected and the information recorded
7                to be electronically retrieved;
8                transfer, in relation to ownership of a dog, includes --
9                  (a) sell, trade, give away, take consideration for,
10                       transfer ownership of and offer for sale; and
11                 (b) to reclaim from a dog management facility;
12              vehicle means --
13                 (a) any thing capable of transporting people or
14                       things by air, road, rail or water, irrespective of
15                       whether the thing is permanently or
16                       semi-permanently stationary, other than a
17                       mobile home; or
18                 (b) a caravan or campervan that is reasonably
19                       suspected not to be permanently or
20                       semi-permanently stationary in a single
21                       location,
22               and it does not matter how the thing, caravan or
23               campervan is moved or propelled;
24               veterinarian means a registered veterinary surgeon as
25               defined in the Veterinary Surgeons Act 1960 section 2;
26               working, in relation to a commercial security dog,
27               means guarding or protecting premises that are not
28               dwellings and that are not the premises of the dog's
29               owner.
30




     page 6
                                                     Dog Amendment Bill 2012
                                         Dog Act 1976 amended         Part 2

                                                                            s. 4



1    (3)   In section 3(1) in the definition of premises delete "tenement;"
2          and insert:
3

4          tenement, and includes a mobile home;
5

6    (4)   In section 3(1) in the definition of provocation:
7            (a) in paragraph (a)(iii) delete "on which" and insert:
8

9                    where
10

11          (b)      in paragraph (a)(iv) after "in" insert:
12

13                   or on
14

15           (c)     in paragraph (b)(ii) delete "on which" and insert:
16

17                   where
18

19   (5)   In section 3(1) in the definition of public place delete "has" and
20         insert:
21

22         may lawfully have
23

24   (6)   In section 3(1) in the definition of townsite paragraph (d) delete
25         "region." and insert:
26

27         region;
28




                                                                          page 7
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 5



1         (7)   After section 3(2) insert:
2

3               (3)   In the case of a dog that is not registered, but is
4                     microchipped, a person whose name is recorded as the
5                     owner of the dog in a microchip database is to be
6                     taken, in the absence of evidence to the contrary, to be
7                     a person by whom the dog is ordinarily kept.
8


9    5.         Section 6 amended
10              Delete section 6(4) and insert:
11

12              (4)   The provisions of this Act do not apply to or in relation
13                    to a dog that is kept for the purposes of the Crown.
14              (5)   Notwithstanding anything in this Act or any other
15                    written law, a person who is a public officer is not
16                    guilty of an offence by reason only that the person
17                    takes a dog into a place in the performance of the
18                    person's functions as a public officer.
19              (6)   In subsection (5) --
20                    public officer means --
21                      (a) a police officer; or
22                      (b) a prison officer as defined in the Prisons
23                            Act 1981 section 3(1); or
24                      (c) a contract worker as defined in the Prisons
25                            Act 1981 section 15A; or
26                      (d) a member of --
27                              (i) the armed forces of the Commonwealth;
28                                   or
29                             (ii) the Australian Federal Police; or
30                            (iii) the Australian Quarantine and
31                                   Inspection Service; or

     page 8
                                                        Dog Amendment Bill 2012
                                            Dog Act 1976 amended         Part 2

                                                                                  s. 6



1                              (iv) the Australian Customs Service;
2                             or
3                       (e)   a person of a prescribed class.
4


5    6.         Section 7 amended
6         (1)   Delete section 7(1) and insert:
7

8               (1)    Subject to subsections (1a) and (3), if a dog is not
9                      registered under this Act or the law of another State or
10                     a Territory each of the following persons commits an
11                     offence --
12                       (a) the owner of the dog;
13                       (b) if the dog is ordinarily kept or permitted to live
14                             in or at premises in Western Australia, the
15                             occupier of the premises.
16                     Penalty:
17                          (a) for an offence relating to a dangerous dog, a
18                                fine of $10 000;
19                          (b) for an offence relating to a dog other than a
20                                dangerous dog, a fine of $5 000.
21

22        (2)   In section 7(3):
23                (a) delete paragraph (c)(ii) and insert:
24

25                              (ii)   a police officer in the performance of
26                                     the officer's functions; or
27                             (iii)   any other person in the performance of a
28                                     function under this Act or any other
29                                     written law.
30

31               (b)    delete paragraphs (d) and (e).


                                                                            page 9
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 7



1         (3)    In section 7(3) after each of paragraphs (a) to (b) and (b)(i)
2                insert:
3

4                or
5


6    7.          Section 8 replaced
7                Delete section 8 and insert:
8


9           8.         Assistance dogs
10               (1)   In this section --
11                     assistance dog means a dog --
12                       (a) that is trained or is being trained by a
13                              representative of an organisation that is
14                              prescribed for the purposes of this definition; or
15                       (b) that is trained or is being trained by an
16                              individual having the qualifications and
17                              experience prescribed for the purposes of this
18                              definition; or
19                       (c) that is assessed by a person mentioned in
20                              paragraph (a) or (b) as being competent to be an
21                              assistance dog; or
22                       (d) that is being assessed by a person mentioned in
23                              paragraph (a) or (b) to decide whether the dog
24                              is competent to be an assistance dog; or
25                       (e) that has been approved, for the purposes of a
26                              law of another State or a Territory, as a dog
27                              whose use can alleviate or manage an effect of
28                              a person's disability or medical condition; or
29                        (f) that is approved by the CEO for the purposes of
30                              this definition.



     page 10
                                            Dog Amendment Bill 2012
                                Dog Act 1976 amended         Part 2

                                                                   s. 7



1    (2)   A person mentioned in subsection (3) --
2           (a) is entitled to be accompanied by an assistance
3                 dog, in any building or place open to or used by
4                 the public, for any purpose, or in any public
5                 transport; and
6           (b) is not guilty of an offence by reason only that
7                 he or she takes that dog into or permits that dog
8                 to enter any building or place open to or used
9                 by the public or on any public transport.
10   (3)   The persons to whom subsection (2) applies are as
11         follows --
12           (a) a person who has a disability or medical
13                condition an effect of which can be alleviated
14                or managed by the use of an assistance dog;
15           (b) a person who is training or assessing an
16                assistance dog and who is a representative of an
17                organisation mentioned in the definition of
18                assistance dog paragraph (a);
19           (c) a person who is training or assessing an
20                assistance dog and who is an individual
21                mentioned in the definition of assistance dog
22                paragraph (b);
23           (d) an individual person who is approved by the
24                CEO as a person to whom subsection (2)
25                applies.
26   (4)   The CEO may, on application, approve --
27          (a) an individual person to be a person to whom
28               subsection (2) applies; or
29          (b) a particular dog to be an assistance dog for the
30               purposes of the definition in subsection (1).




                                                              page 11
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 8



1              (5)   An application under subsection (4) must be made in a
2                    manner and form approved by the CEO and
3                    accompanied by --
4                      (a) the prescribed fee, if any, for the application;
5                           and
6                      (b) each other thing that the CEO requires to
7                           accompany the application that will enable the
8                           CEO to make a decision.
9              (6)   The regulations may provide for the review by the
10                   State Administrative Tribunal of a decision of the CEO
11                   on an application under subsection (4).
12             (7)   This section applies despite any other provision of this
13                   Act or other written law.
14


15   8.        Sections 10AA and 10AB inserted
16             After section 10 insert:
17


18          10AA. Delegation of local government powers and duties
19             (1)   A local government may, by absolute majority as
20                   defined in the Local Government Act 1995 section 1.4,
21                   delegate to its chief executive officer any power or
22                   duty of the local government under another provision
23                   of this Act.
24             (2)   The delegation must be in writing.
25             (3)   The delegation may expressly authorise the delegate to
26                   further delegate the power or duty.
27             (4)   A local government's chief executive officer who is
28                   exercising or performing a power or duty that has been
29                   delegated as authorised under this section, is to be
30                   taken to do so in accordance with the terms of the
31                   delegation unless the contrary is shown.

     page 12
                                                         Dog Amendment Bill 2012
                                             Dog Act 1976 amended         Part 2

                                                                                  s. 9



1               (5)    Nothing in this section limits the ability of a local
2                      government's chief executive officer to perform a
3                      function through an officer or agent.

4           10AB.      Register of, and review of, delegations
5               (1)    The chief executive officer of a local government is to
6                      keep a register of --
7                        (a) delegations made under section 10AA(1); and
8                       (b) further delegations made under the authority of
9                              a delegation made under section 10AA(1).
10              (2)    At least once every financial year --
11                      (a) delegations made under section 10AA(1); and
12                      (b) further delegations made under the authority of
13                             a delegation made under section 10AA(1),
14                     are to be reviewed by the delegator.
15


16   9.         Section 11 amended
17        (1)   In section 11(1):
18                (a) delete "public pounds" and insert:
19

20                      dog management facilities
21

22               (b)    delete "those pounds" and insert:
23

24                      those facilities
25

26        (2)   In section 11(2) delete "pounds" and insert:
27

28              dog management facilities
29




                                                                               page 13
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 10



1    10.         Section 12A amended
2          (1)   In section 12A(1):
3                  (a) delete paragraph (a) and insert:
4

5                        (a)   any premises --
6                                 (i) where a dog is registered to be
7                                      ordinarily kept; or
8                                (ii) described in an application for
9                                      registration as those where a dog will be
10                                     ordinarily kept,
11                             for the purpose of ascertaining whether the dog
12                             is, or will be, effectively confined; or
13

14                (b)    in paragraph (b) delete "on" and insert:
15

16                       in or at
17

18         (2)   After section 12A(3) insert:
19

20               (4)    An authorised person may, at any reasonable time,
21                      without a warrant and without consent, enter any
22                      premises other than a dwelling where the person
23                      reasonably suspects a dangerous dog to be, for the
24                      purpose of ascertaining whether an offence against
25                      Part VI Division 2 is being committed.
26               (5)    An authorised person may, without a warrant and
27                      without consent, stop, enter and search or inspect a
28                      vehicle in which the person reasonably suspects a dog
29                      to be, for any purpose relating to the enforcement of
30                      this Act.
31




     page 14
                                                           Dog Amendment Bill 2012
                                               Dog Act 1976 amended         Part 2

                                                                                  s. 11



1    11.           Part III heading replaced and Part III Division 1 heading
2                  inserted
3                  Delete the heading to Part III and insert:
4

5                   Part III -- Registration and identification
6                                Division 1 -- Registration
7

8    12.           Section 14 replaced
9                  Delete section 14 and insert:
10

11           14.         Register of dogs
12                 (1)   A local government is to keep an accurate and
13                       up-to-date register of dogs registered by the local
14                       government.
15                 (2)   The register is to be kept in such form as the local
16                       government thinks fit.
17                 (3)   The local government is to record in the register the
18                       information prescribed in respect of each dog
19                       registered by the local government.
20                 (4)   The local government may cause any error in, or
21                       omission from, the register to be corrected.
22

23   13.           Section 15 amended
24         (1)     Delete section 15(2) and insert:
25
26                 (2)   The registration under this Act of a dog, other than a
27                       dangerous dog, has effect from the date specified in the
28                       registration certificate until --
29                         (a) in the case of registration for an extended
30                               period prescribed under subsection (3)(b),

                                                                                page 15
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 13



1                              31 October in the final year of that period,
2                              unless cancelled sooner; or
3                       (b)    in the case of registration for a dog's lifetime,
4                              the dog's death, unless cancelled sooner; or
5                       (c)    in all other cases, the next 31 October, unless
6                              cancelled sooner.
7             (3A)     The registration under this Act of a dangerous dog has
8                      effect from the date specified in the registration
9                      certificate until the next 31 October, unless cancelled
10                     sooner.
11

12      (2)    In section 15(3):
13               (a) in paragraph (b) after "registration" insert:
14

15                      of a dog
16

17               (b)    after paragraph (b) insert:
18

19                     (ca)    by persons who elect to effect registration for
20                             the lifetime of a dog; and
21

22               (c)    delete paragraph (e) and insert:
23

24                      (e)    in respect of a dog that is kept in an approved
25                             kennel establishment licensed under section 27;
26                             and
27                       (f)   in respect of a dog that is kept in prescribed
28                             circumstances.
29




     page 16
                                                            Dog Amendment Bill 2012
                                                Dog Act 1976 amended         Part 2

                                                                                    s. 14



1          (3)    After section 15(3) insert:
2

3                (4A)   A local government may discount or waive a
4                       registration fee, including a registration fee prescribed
5                       under subsection (3), for any individual dog or any
6                       class of dogs within its district.
7                (4B)   Subsections (3) and (4A) do not apply to a dangerous
8                       dog.
9

10         (4)    In section 15(4) delete "a guide dog," and insert:
11

12                an assistance dog as defined in section 8(1),
13

14         (5)    In section 15(3) after each of paragraphs (a) to (c) insert:
15

16                and
17


18   14.          Section 16 amended
19         (1)    In section 16(1) after "prescribed fee," insert:
20

21                if any,
22

23         (2)    Delete section 16(1a) and insert:
24

25           (1BA) The form of application prescribed for the purposes of
26                 subsection (1) shall require the applicant to provide --
27                   (a) the name, residential address and contact details
28                        of the owner of the dog; and
29                   (b) the address of the premises where the dog will
30                        ordinarily be kept; and

                                                                                 page 17
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 14



1                        (c)   a statement that the dog will be effectively
2                              confined in or at those premises; and
3                        (d)   if the dog is microchipped --
4                                 (i) the name of the microchip database
5                                      company for the dog; and
6                                (ii) the microchip's unique identification
7                                      number for the dog;
8                              and
9                        (e)   a statement as to whether the dog is kept, or is
10                             to be kept, as a commercial security dog; and
11                       (f)   a statement as to whether the owner is subject
12                             to an order under section 46A(2).
13           (1BB)   Nothing in subsection (1BA) prevents a form
14                   prescribed for the purposes of subsection (1) requiring
15                   an applicant to provide additional information.
16

17      (3)    In section 16(2)(b) after "the fee," insert:
18
19             if any,
20

21      (4)    After section 16(2) insert:
22

23            (3A)   If on an order under section 46A(2) a person is banned
24                   from owning or keeping a dog --
25                     (a) the registration officer of the local government
26                           district in which a dog is registered in the
27                           person's name is to cancel the registration of
28                           the dog in the person's name; and
29                     (b) a registration officer of any local government is
30                           not to effect or renew the registration of a dog
31                           in the person's name during the period to which
32                           the order applies.
33



     page 18
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                                              Dog Act 1976 amended         Part 2

                                                                                s. 15



1          (5)   In section 16(3):
2                  (a) delete paragraph (a) and insert:
3

4                         (a)    the applicant, the owner, or the registered
5                                owner, as the case may be, has been convicted,
6                                or has paid a modified penalty, within the
7                                previous 3 years in respect of 2 or more
8                                offences against any of this Act, the Cat
9                                Act 2011 or the Animal Welfare Act 2002; or
10

11                (b)     delete paragraph (c) and insert:
12

13                        (c)    the local government is not satisfied that the
14                               dog is, or will be, effectively confined in or at
15                               premises where the dog is, or will be, ordinarily
16                               kept; or
17                       (da)    the dog is required under section 21 or 22 to be
18                               microchipped but is not microchipped; or
19

20                 (c)    in paragraph (d) delete "dog; or" and insert:
21

22                        dog.
23

24                (d)     delete paragraph (e).
25         (6)   Delete section 16(3a) and (3b).

26   15.         Section 16AA inserted
27               After section 16 insert:
28


29           16AA. Owner's delegate
30               (1)     The registered owner of a dog may, in writing given to
31                       the local government with which the dog is registered,


                                                                             page 19
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 16



1                       appoint a person who has reached 18 years of age to act
2                       as the owner's delegate.
3                (2)    A local government may deal with the owner's
4                       delegate instead of the owner in the circumstances
5                       specified in this Act.
6                (3)    An appointment under subsection (1) must be in a
7                       prescribed form.
8                (4)    An appointment under subsection (1) may be
9                       terminated in writing by either the registered owner or
10                      the appointed person.
11               (5)    An appointment under subsection (1) ceases to have
12                      effect when the person who made the appointment
13                      ceases to be the registered owner of the dog.
14


15   16.         Section 16A amended
16         (1)   In section 16A(1):
17                 (a) delete "a dog" and insert:
18

19                       a dog, other than a dangerous dog,
20

21                (b)    delete the Penalty and insert:
22

23                      Penalty: a fine of $5 000.
24

25         (2)   In section 16A(2)(a) delete "subsection (1); or" and insert:
26

27               subsection (1) or section 33K(2)(c); or
28




     page 20
                                                      Dog Amendment Bill 2012
                                          Dog Act 1976 amended         Part 2

                                                                              s. 17



1    17.     Section 17A inserted
2            After section 16A insert:
3


4          17A.    If no application for registration made
5            (1)   In this section --
6                  dog means a dog --
7                    (a) that is, or is deemed under section 9 or 10(2) to
8                           be, ordinarily kept in the district of the relevant
9                           local government district; and
10                   (b) in respect of which an application for
11                          registration has not been made.
12           (2)   A local government may give written notice to the
13                 owner of a dog that the dog cannot be registered by the
14                 local government because --
15                   (a) the owner or the registered owner, as the case
16                         may be, has been convicted, or has paid a
17                         modified penalty, within the previous 3 years in
18                         respect of 2 or more offences against any of this
19                         Act, the Cat Act 2011 or the Animal Welfare
20                         Act 2002; or
21                   (b) the dog has been shown to the satisfaction of
22                         the local government to be destructive, unduly
23                         mischievous or suffering from a contagious or
24                         infectious disease; or
25                   (c) the local government is not satisfied that the
26                         dog is, or will be, effectively confined in or at
27                         premises where the dog is, or will be, ordinarily
28                         kept; or
29                   (d) the dog is required under section 21 or 22 to be
30                         microchipped but is not microchipped; or
31                   (e) the dog is a dangerous dog.



                                                                          page 21
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 18



1                (3)   The notice must inform the owner of the right under
2                      section 17(1) to apply for a review of the decision.
3


4    18.         Section 17 amended
5          (1)   In section 17(1) delete "registration, the applicant or the
6                registered owner as the case may be" and insert:
7

8                registration or gives a written notice under section 17A(2), the
9                applicant or the registered owner or owner of the dog, as the
10               case may be,
11

12         (2)   In section 17(4) delete "owner," and insert:
13

14               owner or owner of the dog,
15


16   19.         Section 18 amended
17               In section 18(2) delete "section 15(2)(a)(ii)," and insert:
18

19               section 15(2)(a), or a lifetime registration referred to in
20               section 15(2)(b),
21


22   20.         Section 20 amended
23         (1)   In section 20(1) delete the Penalty and insert:
24

25                     Penalty:
26                         (a) for an offence relating to a dangerous dog, a
27                              fine of $10 000;
28                         (b) for an offence relating to a dog other than a
29                              dangerous dog, a fine of $5 000.
30


     page 22
                                                           Dog Amendment Bill 2012
                                               Dog Act 1976 amended         Part 2

                                                                                s. 21



1          (2)     In section 20(2) delete the Penalty and insert:
2

3                        Penalty: a fine of $5 000.
4


5    21.           Part III Divisions 2 and 3 inserted
6                  After section 20 insert:
7


8                               Division 2 -- Microchipping
9            21.         Dogs other than dangerous dogs to be microchipped
10                       from 1 November 2013 if not already registered
11                 (1)   This section does not apply to a dog whose registration
12                       under this Act or the law of another State or a Territory
13                       is in effect on 31 October 2013.
14                 (2)   On and after 1 November 2013, the owner of a dog that
15                       has reached 3 months of age must ensure that the dog is
16                       microchipped, unless the dog is exempt from
17                       microchipping.
18                       Penalty: a fine of $5 000.
19                 (3)   A dog is exempt from microchipping if a certificate
20                       given by a veterinarian stating that the implantation of
21                       a microchip in the dog may adversely affect the health
22                       and welfare of the dog applies in respect of the dog.
23                 (4)   A certificate referred to in subsection (3) cannot apply
24                       in respect of a dog that is under 3 months of age.

25           22.         All dangerous dogs to be microchipped
26                 (1)   In this section --
27                       relevant day means the last day of the period of
28                       30 days beginning on the day on which the Dog
29                       Amendment Act 2012 section 21 comes into operation.


                                                                             page 23
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 21



1              (2)   After the relevant day, the owner of a dangerous dog
2                    that has reached 3 months of age must ensure that the
3                    dog is microchipped.
4                    Penalty:
5                         (a) a fine of $10 000, but the minimum penalty
6                               is a fine of $500;
7                         (b) for each separate and further offence
8                               committed by the person under the
9                               Interpretation Act 1984 section 71, a fine
10                              of $500.
11             (3)   Subsection (2) does not apply in relation to a dangerous
12                   dog (declared) --
13                     (a) during the 7 day period after the giving of the
14                          notice, required by section 33F(1), by which the
15                          dog is declared a dangerous dog (declared); or
16                    (b) during the period, if any, beginning when the
17                          owner lodges an objection under section 33F or
18                          applies for review under section 33I(1)(b) and
19                          ending 7 days after the day of the determination
20                          of that objection or review; or
21                     (c) during the 7 day period, if any, after the giving
22                          of a notice under section 33F(6)(a) as to the
23                          dismissal of an objection; or
24                    (d) during the period, if any, beginning when the
25                          owner applies for a review under
26                          section 33I(1)(a)(i) or (d) and ending 7 days
27                          after the day of the determination of that
28                          review.
29             (4)   A dangerous dog is exempt from microchipping if a
30                   certificate given by a veterinarian stating that the
31                   implantation of a microchip in the dog may adversely
32                   affect the health and welfare of the dog applies in
33                   respect of the dog.


     page 24
                                                  Dog Amendment Bill 2012
                                      Dog Act 1976 amended         Part 2

                                                                          s. 21



1          (5)   A certificate referred to in subsection (4) cannot apply
2                in respect of a dangerous dog that is under 3 months of
3                age.
4          (6)   Nothing in subsection (3) affects the operation of
5                section 21(2) in relation to a particular dog.

6    23.         Notice to be given of microchip information
7          (1)   The owner of a microchipped dog must, within 7 days
8                of the microchipping, give notice in writing to the local
9                government of the district in which the dog is
10               ordinarily kept or ordinarily permitted to live of --
11                 (a) the name of the microchip database company
12                       for the dog; and
13                 (b) the microchip's unique identification number
14                       for the dog.
15               Penalty: a fine of $5 000.
16         (2)   Subsection (1) does not apply if the information has
17               been, or will be, provided with an application to the
18               local government to register the dog.

19   24.         Microchip implanter to give information to
20               microchip database company
21               A microchip implanter who implants a microchip in a
22               dog must, within 7 days after the microchip is
23               implanted, give notice in writing in the form, if any,
24               prescribed of the information prescribed to the
25               microchip database company for that dog.
26               Penalty: a fine of $5 000.

27   25.         Microchip database company's obligations
28               A microchip database company for a dog must keep
29               and maintain in its microchip database the information
30               prescribed under section 24 in respect of the dog.
31               Penalty: a fine of $5 000.

                                                                      page 25
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 21



1            26A.      Interference with microchips
2                      A person must not, without reasonable excuse, remove
3                      or interfere with a microchip implanted in a dog.
4                      Penalty: a fine of $5 000.

5            26B.      Transfer of ownership of unmicrochipped dogs
6              (1)     A person must not transfer the ownership of a dog that
7                      is not microchipped unless, at the time of the transfer,
8                      the person is satisfied that a certificate referred to in
9                      section 21(3) or 22(4) applies in respect of the dog.
10                     Penalty: a fine of $5 000.
11             (2)     Subsection (1) applies regardless of when or whether
12                     the dog was registered.

13           26C.      Transfer of ownership of microchipped dogs
14                     Within 7 days after the transfer of the ownership of a
15                     microchipped dog, the person who effected the transfer
16                     must give notice in writing to the microchip database
17                     company for that dog, of --
18                       (a) the name and address of the person to whom
19                            the ownership of the dog was transferred; and
20                       (b) any other changes to the information prescribed
21                            under section 24 in respect of the dog.
22                     Penalty: a fine of $5 000.

23                  Division 3 -- Changes to recorded information
24           26D.      Notice to be given of changes to recorded
25                     information
26                     The owner of a dog must give notice in writing --
27                      (a) to the local government with which the dog is
28                           registered, if there is a change to any of the



     page 26
                                                        Dog Amendment Bill 2012
                                            Dog Act 1976 amended         Part 2

                                                                              s. 22



1                             information prescribed under section 14(3) in
2                             respect of the dog; and
3                       (b)   to the microchip database company for that
4                             dog, if there is a change to any of the
5                             information prescribed under section 24 in
6                             respect of the dog,
7                      within 7 days after the change to the information.
8                      Penalty: a fine of $5 000.
9
10   22.         Section 26 amended
11         (1)   Delete section 26(1) and (2) and insert:
12

13               (1)   A local government may, by a local law under
14                     this Act --
15                       (a) limit the number of dogs that have reached
16                             3 months of age that can be kept in or at
17                             premises in the local government's district; or
18                       (b) limit the number of dogs of a breed specified in
19                             the local law that can be kept in or at premises
20                             in the local government's district.
21               (2)   A local law mentioned in subsection (1) --
22                      (a) may limit the number of dogs that can be kept
23                             in or at premises to 2, 3, 4, 5 or 6 only; and
24                      (b) cannot prevent the keeping in or at premises of
25                             one or 2 dogs that have reached 3 months of
26                             age and any pup of either of those dogs under
27                             that age; and
28                      (c) cannot apply to dogs kept at premises that are
29                             licensed under section 27 as an approved
30                             kennel establishment; and
31                      (d) cannot apply to dangerous dogs (declared) or
32                             dangerous dogs (restricted breed).
33


                                                                            page 27
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 22



1       (2)    In section 26(3):
2                (a) in paragraph (a) delete "therein;" and insert:
3

4                      in the exemption; and
5

6               (b)    delete paragraph (b) and insert:
7

8                      (b)   cannot authorise the keeping in or at those
9                            premises of --
10                             (i) more than 6 dogs that have reached
11                                  3 months of age; or
12                            (ii) a dog under that age unless it is a pup of
13                                  a dog whose keeping is authorised by
14                                  the exemption;
15                           and
16

17      (3)    Delete section 26(4) and insert:
18

19             (4)    A person must not keep in or at any premises, not
20                    being licensed under section 27 as an approved kennel
21                    establishment --
22                      (a) in the case of dogs that have reached 3 months
23                            of age, other than dangerous dogs (declared) or
24                            dangerous dogs (restricted breed), more than
25                            the number of dogs than the limit imposed
26                            under --
27                               (i) a local law mentioned in subsection (1);
28                                    or
29                              (ii) an exemption granted under
30                                    subsection (3);
31                            or



     page 28
                                                    Dog Amendment Bill 2012
                                        Dog Act 1976 amended         Part 2

                                                                            s. 22



1                 (b)  more than --
2                          (i) 2 dangerous dogs (declared); or
3                         (ii) 2 dangerous dogs (restricted breed); or
4                        (iii) one of each of those kinds of dangerous
5                               dogs,
6                      that have reached 3 months of age; or
7                (c) any pup, of a dangerous dog (restricted breed),
8                      that is under 3 months of age.
9               Penalty:
10                  (a) for an offence relating to a dangerous dog --
11                         (i)    a fine of $10 000, but the minimum
12                                penalty is a fine of $500;
13                         (ii)  for each separate and further offence
14                               committed by the person under the
15                               Interpretation Act 1984 section 71, a
16                               fine of $500;
17                   (b)    for an offence relating to a dog other than a
18                          dangerous dog --
19                         (i)    a fine of $5 000;
20                         (ii)   for each separate and further offence
21                                committed by the person under the
22                                Interpretation Act 1984 section 71, a
23                                fine of $100.
24

25   (4)   In section 26(5)(a) delete "from the provisions of a local law
26         placing a limitation on the number of dogs that may be kept on
27         any premises; or" and insert:
28

29         under subsection (3); or
30




                                                                       page 29
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 23



1    23.           Section 27 amended
2          (1)     Delete section 27(1) and insert:
3

4                  (1)   Where, under section 26(1)(a) or (b), a limit is imposed
5                        on the number of dogs that can be kept in or at any
6                        premises situate in a local government's district area,
7                        and a person proposes to keep more than that number
8                        of dogs in or at premises in that area that are not
9                        exempt from the limitation, the person must apply for
10                       the premises in question to be licensed as an approved
11                       kennel establishment.
12

13         (2)     In section 27(2) delete the Penalty and insert:
14

15                       Penalty:
16                           (a) a fine of $5 000;
17                           (b) for each separate and further offence
18                                committed by the person under the
19                                Interpretation Act 1984 section 71, a fine
20                                of $100.
21


22   24.           Section 28 inserted
23                 At the beginning of Part VI Division 1 insert:
24

25           28.         Obligation to identify a dog's owner
26                 (1)   If the identity of the owner of a dog entering a dog
27                       management facility is unknown to the operator of the
28                       facility then, as soon as practicable after the dog enters
29                       the facility, the operator must make every reasonable
30                       attempt to identify the owner of the dog including,
31                       where possible, by scanning the dog.
32                       Penalty: a fine of $5 000.

     page 30
                                                          Dog Amendment Bill 2012
                                              Dog Act 1976 amended         Part 2

                                                                                 s. 25



1                (2)     Despite subsection (1), a person does not have to scan a
2                        dog if --
3                          (a) the dog behaves aggressively towards the
4                               person or any other person; and
5                         (b) the person believes on reasonable grounds that
6                               there is a danger to the health or safety of any
7                               person in attempting to scan the dog.
8


9    25.         Section 29 amended
10         (1)   In section 29(3):
11                 (a) delete paragraph (b) and insert:
12

13                        (b)   an attack by a dog is likely to occur; or
14                       (ca)   a dog is in a place in contravention of
15                              section 31, 32 or 33A; or
16                       (cb)   an offence against section 26(4) or 27(2) is
17                              being committed in respect of a dog; or
18                       (cc)   an offence against Division 2 is being
19                              committed in respect of a dog; or
20

21                (b)     in paragraph (c)(ii) delete "under this Act," and insert:
22

23                        as required under section 7,
24

25                 (c)    in paragraph (e) delete "premises, other (unless
26                        section 33G(1) applies) than a building or part of a
27                        building that is used for residential purposes." and
28                        insert:
29

30                        premises other than a dwelling unless section 33G(1)
31                        applies.
32




                                                                               page 31
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 25



1       (2)    After section 29(3) insert:
2

3             (4A)     In relation to subsection (3)(cb), an authorised person
4                      may seize and detain only the number of dogs in excess
5                      of the limit imposed under --
6                        (a) a local law mentioned in section 26(1); or
7                        (b) an exemption granted under section 26(3); or
8                        (c) section 26(4)(b) or (c); or
9                        (d) a licence under section 27(2),
10                     as is applicable in the case.
11

12      (3)    In section 29(5a):
13               (a) delete "has or may have caused injury or damage," and
14                     insert:
15

16                      (the attack dog) has or may have caused injury or
17                      damage, or that a dangerous dog (restricted breed) has
18                      given birth to one or more pups,
19

20               (b)    delete "seize the dog" and insert:
21

22                      seize the attack dog, or each pup, as is relevant to the
23                      case,
24

25               (c)    in paragraph (a) delete "dog is a dangerous dog," and
26                      insert:
27

28                      attack dog is a dangerous dog, or in the case of a pup of
29                      a dangerous dog (restricted breed),
30




     page 32
                                                  Dog Amendment Bill 2012
                                      Dog Act 1976 amended         Part 2

                                                                        s. 25



1    (4)   In section 29(6) delete "pound maintained by a local
2          government or at premises maintained by a prescribed body,"
3          and insert:
4

5          dog management facility
6

7    (5)   In section 29(7):
8            (a) delete "prescribed body" and insert:
9

10                body prescribed for the purposes of the definition of dog
11                management facility in section 3(1) and
12

13          (b)   delete "any premises maintained by that body for the
14                care of dogs" and insert:
15

16                a dog management facility operated by that body
17

18   (6)   Delete section 29(8)(a) and (b) and insert:
19

20                 (a)   if the dog is wearing a registration tag or is
21                       microchipped or the owner is otherwise readily
22                       identifiable, the authorised person causing it to
23                       be detained shall also cause notice to be given
24                       to the owner, or if the notice cannot be given to
25                       the owner to the owner's delegate, if any, in the
26                       prescribed manner and form as soon as is
27                       practicable; and
28                (b)    if the dog is wearing a registration tag or is
29                       microchipped or the owner is otherwise readily
30                       identifiable, the dog is to be kept and
31                       maintained for a period of at least 7 days next
32                       following the giving of the notice under
33                       paragraph (a); and


                                                                     page 33
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 25



1                     (c)   if the dog is not readily identifiable, the dog is
2                           to be kept and maintained for a period of at
3                           least 72 hours next following the time the
4                           detention commenced,
5

6       (7)    Delete section 29(8a) and insert:
7

8             (8A)   Where a dog is detained under subsection (5b) and, at
9                    the expiration of the period of 7 days after the
10                   detention commenced (the detention period), no
11                   application has been made for an order for the
12                   destruction of the dog --
13                     (a) if the dog is wearing a registration tag or is
14                           microchipped or the owner is otherwise readily
15                           identifiable, an authorised person shall cause
16                           notice to be given to the owner, or if the notice
17                           cannot be given to the owner to the owner's
18                           delegate, if any, in the prescribed manner and
19                           form as soon as is practicable after the
20                           expiration of the detention period; and
21                     (b) if the dog is wearing a registration tag or is
22                           microchipped or the owner is otherwise readily
23                           identifiable, the dog is to be kept and
24                           maintained for a period of at least 7 days next
25                           following the giving of the notice under
26                           paragraph (a); and
27                     (c) if the dog is not readily identifiable, the dog is
28                           to be kept and maintained for a period of at
29                           least 72 hours next following the expiration of
30                           the detention period; and
31                     (d) subject to this section the dog is to be delivered
32                           up to a person who produces satisfactory
33                           evidence of ownership or of the person's
34                           authority to take delivery of the dog; and


     page 34
                                                    Dog Amendment Bill 2012
                                        Dog Act 1976 amended         Part 2

                                                                           s. 25



1                   (e)   the owner of the dog is liable to pay the
2                         reasonable cost of maintaining the dog during
3                         any period after the expiration of the period of
4                         7 days mentioned in paragraph (b) or 72 hours
5                         mentioned in paragraph (c), as is applicable in
6                         the case, but otherwise the owner is not liable
7                         for any cost or charge in relation to the seizure,
8                         impounding, maintaining or return of the dog.
9

10    (8)   In section 29(8b) delete the passage that begins with
11          "subsection (8a)(a)," and continues to the end of the subsection
12          and insert:
13

14          subsection (8A)(a), (b), (c) and (e) apply in relation to the dog
15          as if the determination of the application were the expiration of
16          the detention period.
17

18    (9)   In subsection 29(8c) delete "subsection (8a)(c), or under
19          subsection (8a)(c)" and insert:
20

21          subsection (8A)(e), or under subsection (8A)(e)
22

23   (10)   In section 29(10):
24            (a) in paragraph (d) delete "applies," and insert:
25

26                 applies; or
27

28           (b)   after paragraph (d) insert:
29
30                  (e)   an authorised person is satisfied that to deliver
31                        up the dog under subsection (8) or (8A) would
32                        create circumstances that give rise to an offence
33                        against this Act,
34


                                                                        page 35
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 26



1      (11)    In section 29(3) after paragraph (a) insert:
2

3              or
4

5              Note: The heading to amended section 29 is to read:

6                    Power to seize dogs

7    26.       Section 30A inserted
8              After section 29 insert:
9


10           30A.     Operator of dog management facility may have dog
11                    microchipped at owner's expense
12             (1)    The operator of a dog management facility may do
13                    anything necessary to ensure that a dog kept at the
14                    facility is microchipped before the dog is reclaimed or
15                    otherwise transferred from the facility if the
16                    operator --
17                      (a) believes on reasonable grounds that the dog is
18                             required under section 21 or 22 to be
19                             microchipped but is not microchipped; and
20                      (b) has no reason to believe that the dog is exempt
21                             from microchipping as referred to in
22                             section 21(3) or 22(4).
23             (2)    The owner of a dog kept at a dog management facility
24                    is liable to pay to the operator of the facility the
25                    reasonable costs associated with the implantation of a
26                    microchip in the dog under subsection (1).
27             (3)    The operator of a dog management facility may
28                    recover the amount of the costs referred to in
29                    subsection (2) from the owner of the dog in a court of
30                    competent jurisdiction.
31



     page 36
                                                            Dog Amendment Bill 2012
                                                Dog Act 1976 amended         Part 2

                                                                                   s. 27



1    27.          Section 30 amended
2          (1)    Delete section 30(1) and insert:
3

4                 (1)     A dog must not be in a public place unless it is wearing
5                         a collar to which is securely attached a registration tag
6                         that complies with section 18.
7

8          (2)    In section 30(2):
9                   (a) delete "against that subsection unless he" and insert:
10

11                         unless the person
12

13                  (b)    delete the Penalty and insert:
14

15                        Penalty: a fine of $5 000.
16

17         (3)    Delete section 30(3)(b) and (c).
18         (4)    Delete section 30(4) and insert:
19

20                (4)     This section does not apply to a dangerous dog.
21


22   28.          Section 31 amended
23         (1)    After section 31(1) insert:
24

25               (2A)     Despite subsection (1), a dog shall not be in a public
26                        place --
27                          (a) at all if the place is specified under
28                               subsection (2B) as a place where dogs are
29                               prohibited at all times; or



                                                                              page 37
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1                        (b)    at a time when the place is specified under
2                               subsection (2B) as a place where dogs are
3                               prohibited at that time.
4              (2B)     A local government may, by absolute majority as
5                       defined in the Local Government Act 1995 section 1.4,
6                       specify a public place, or a class of public place, that is
7                       under the care, control or management of the local
8                       government to be a place where dogs are prohibited --
9                         (a) at all times; or
10                        (b) at specified times.
11

12      (2)     In section 31(2):
13                (a) delete paragraphs (a) and (b) and insert:
14

15                        (a)   it is in a dog exercise area specified under
16                              subsection (3A); or
17                       (b)    it is in a public place that is in an area of the
18                              State outside the metropolitan region or outside
19                              a townsite, and that is not a rural leashing area
20                              specified under subsection (3B); or
21

22                (b)    in paragraph (c) delete "vehicle or boat;" and insert:
23

24                       vehicle; or
25

26                (c)    in paragraph (g) delete "registered".
27      (3)     After section 31(2) insert:
28

29            (3A)      A local government may, by absolute majority as
30                      defined in the Local Government Act 1995 section 1.4,
31                      specify a public place, or a class of public place, that is



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                                          Dog Act 1976 amended         Part 2

                                                                            s. 28



1                   under the care, control or management of the local
2                   government to be a dog exercise area.
3          (3B)     A local government may, by absolute majority as
4                   defined in the Local Government Act 1995 section 1.4,
5                   specify a public place that is under the care, control or
6                   management of the local government to be a rural
7                   leashing area.
8          (3C)     At least 28 days before specifying a place to be --
9                    (a) a place where dogs are prohibited at all times or
10                          at a time specified under subsection (2B); or
11                   (b) a dog exercise area under subsection (3A); or
12                   (c) a rural leashing area under subsection (3B),
13                  a local government must give local public notice as
14                  defined in the Local Government Act 1995 section 1.7
15                  of its intention to so specify.
16

17   (4)    In section 31(3):
18            (a) delete "every person liable for the control of the dog at
19                  that time commits an offence against that subsection
20                  unless he" and insert:
21

22                   or (2A), every person liable for the control of the dog at
23                   that time commits an offence unless the person
24

25            (b)    delete the Penalty and insert:
26

27                  Penalty: a fine of $5 000.
28

29   (5)    After section 31(3) insert:
30

31          (4)     This section does not apply to a dangerous dog.


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1                (5)   A local government must specify under
2                      subsection (3A) such dog exercise areas as are, in the
3                      opinion of the local government, sufficient in number,
4                      and suitable, for the exercising of dogs in the district.
5

6          (6)   In section 31(2) after each of paragraphs (d) to (f) insert:
7

8                or
9


10   29.         Section 32 amended
11         (1)   Delete section 32(1) and insert:
12

13               (1)   A dog shall not be in --
14                      (a) a dog exercise area specified under
15                            section 31(3A); or
16                      (b) a public place that is in an area of the State
17                            outside the metropolitan region or outside a
18                            townsite, and that is not a rural leashing area
19                            specified under section 31(3B),
20                     unless --
21                       (c) the dog is being held in the way referred to in
22                            section 31(1)(a); or
23                      (d) the dog is being tethered in the way referred to
24                            in section 31(1)(b); or
25                       (e) the dog is not a greyhound and is being
26                            supervised by a competent person who is in
27                            reasonable proximity to the dog.
28




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                                                                                s. 30



1          (2)   In section 32(4):
2                  (a) delete "against that subsection unless he" and insert:
3

4                        unless the person
5

6                 (b)    delete the Penalty and insert:
7

8                       Penalty: a fine of $5 000.
9

10         (3)   Delete section 32(5) and insert:
11
12               (5)    This section does not apply to a dangerous dog.
13


14   30.         Section 33 amended
15         (1)   Delete section 33(1) and insert:
16
17               (1)    A greyhound must be muzzled in such a manner as will
18                      prevent it from biting a person or animal unless --
19                        (a) it is in or at premises occupied by its owner; or
20                        (b) it has successfully completed a prescribed
21                             training programme.
22

23         (2)   In section 33(3):
24                 (a) delete "against that subsection unless he" and insert:
25

26                       unless the person
27

28                (b)    delete the Penalty and insert:
29

30                      Penalty: a fine of $5 000.
31




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     Part 2      Dog Act 1976 amended

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1          (3)   After section 33(3) insert:
2

3                (4)    This section does not apply to a dangerous dog.
4


5    31.         Section 33A amended
6          (1)   Delete section 33A(1)(b) and insert:
7

8                        (b)      in the case of a dangerous dog, it is controlled
9                                 as required by section 33GA(6), (7) and (8); or
10                          (c)   in the case of a dog other than a dangerous dog,
11                                it is held or tethered as required by
12                                section 31(1).
13

14         (2)   In section 33A(2)(b) delete "vehicle or boat." and insert:
15

16               vehicle.
17

18         (3)   In section 33A(3):
19                 (a) delete "against that subsection unless he" and insert:
20

21                       unless the person
22

23                (b)    delete the Penalty and insert:
24

25                      Penalty:
26                          (a) for an offence relating to a dangerous dog, a
27                               fine of $10 000, but the minimum penalty is
28                               a fine of $500;
29                          (b) for an offence relating to a dog other than a
30                               dangerous dog, a fine of $5 000.
31



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                                                Dog Act 1976 amended         Part 2

                                                                                 s. 32



1    32.          Section 33B amended
2                 In section 33B delete "of contravening section 30(1), 31(1),
3                 32(1), 33(1) or 33A(1)" and insert:
4

5                 under section 30(2), 31(3), 32(4), 33(3) or 33A(3)
6

7                 Note: The heading to amended section 33B is to read:

8                       Defences applicable to offences under this Division

9    33.          Section 33D amended
10         (1)    Delete section 33D(1) and insert:
11

12                (1)    If a dog attacks or chases any person or animal and
13                       physical injury is caused to the person or animal that is
14                       attacked or chased, every person liable for the control
15                       of the dog commits an offence.
16                       Penalty:
17                            (a) for an offence relating to a dangerous dog, a
18                                  fine of $20 000, but the minimum penalty is
19                                  a fine of $1 000;
20                            (b) for an offence relating to a dog other than a
21                                  dangerous dog, a fine of $10 000.
22               (2A)    If a dog attacks or chases any person or animal without
23                       causing physical injury to the person or animal that is
24                       attacked or chased, every person liable for the control
25                       of the dog commits an offence.
26                       Penalty:
27                            (a) for an offence relating to a dangerous dog, a
28                                  fine of $10 000, but the minimum penalty is
29                                  a fine of $500;
30                            (b) for an offence relating to a dog other than a
31                                  dangerous dog, a fine of $3 000.

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     Part 2      Dog Act 1976 amended

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1              (2B)     It is a defence to a charge of an offence under
2                       subsection (1) or (2A) if the person charged satisfies
3                       the court --
4                          (a) in the case of any person, that the dog was
5                                being used in good faith in the reasonable
6                                defence of any person or property or for the
7                                droving or removal of any animal found
8                                trespassing; or
9                         (b) in the case of the occupier of premises where
10                               the dog is ordinarily kept or ordinarily
11                               permitted to live, that at the material time the
12                               dog was owned by another person who had
13                               reached 18 years of age, and who is identified
14                               by the person charged; or
15                         (c) in the case of the owner, that at the material
16                               time the dog was in the possession or control of
17                               another person without the owner's consent,
18                               express or implied.
19

20      (2)     In section 33D(2):
21                (a) delete "any animal owned by or in the charge of another
22                      person," and insert:
23

24                       animal,
25

26                (b)    delete the Penalty and insert:
27

28                      Penalty:
29                          (a) for an offence relating to a dangerous dog, a
30                               fine of $20 000 and imprisonment for
31                               2 years, but the minimum penalty is a fine
32                               of $1 000;




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                                               Dog Act 1976 amended         Part 2

                                                                                   s. 34



1                            (b)   for an offence relating to a dog other than a
2                                  dangerous dog, a fine of $10 000 and
3                                  imprisonment for 12 months.
4

5          (3)   After section 33D(2) insert:
6

7                (3)    Nothing in this section affects --
8                        (a) the duty that a person, who has a dog in the
9                              person's charge or under the person's control,
10                             has under The Criminal Code section 266(2); or
11                       (b) the operation of The Criminal Code
12                             section 266(2) or Chapter XXVIII or XXIX, or
13                             any other law in relation to the consequences of
14                             omitting to perform that duty.
15


16   34.         Section 33E amended
17         (1)   In section 33E(1) delete "a dog to be a dangerous dog" and
18               insert:
19

20               an individual dog to be a dangerous dog (declared)
21

22         (2)   In section 33E(3) delete "dangerous dog," and insert:
23

24               dangerous dog (declared),
25

26               Note: The heading to amended section 33E is to read:

27                     Individual dog may be declared to be a dangerous dog (declared)




                                                                              page 45
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     Part 2      Dog Act 1976 amended

     s. 35



1    35.         Section 33F amended
2          (1)   In section 33F(1):
3                  (a) after "dangerous dog" insert:
4

5                          (declared)
6

7                  (b)     delete "dog, and may by that notice impose an order as
8                          to control requirements in respect of the".
9          (2)   In section 33F(2):
10                 (a) in paragraph (b) delete "declaration or as to any control
11                       requirement imposed, or as to both; and" and insert:
12

13                         declaration.
14

15                 (b)     delete paragraph (c).
16         (3)   Delete section 33F(3), (4) and (5) and insert:
17

18               (3)     Whether or not an objection is lodged or application for
19                       review is made, the declaration of a dog as a dangerous
20                       dog (declared) has effect 7 days after the giving of a
21                       notice under subsection (1).
22

23         (4)   Delete section 33F(8) and (9).
24         (5)   In section 33F(2) after paragraph (a) insert:
25

26               and
27

28               Note: The heading to amended section 33F is to read:

29                       Owner to be notified of making of declaration




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                                         Dog Act 1976 amended         Part 2

                                                                         s. 36



1    36.     Sections 33GA to 33GE inserted
2            After section 33F insert:
3


4          33GA. Offences relating to dangerous dogs
5            (1)   Every person liable for the control of --
6                   (a) a commercial security dog must ensure that the
7                         dog wears a collar of a kind prescribed to be
8                         worn by commercial security dogs with
9                         information attached to or endorsed on the
10                        collar in accordance with the regulations; or
11                  (b) a dangerous dog other than a commercial
12                        security dog must ensure that the dog wears a
13                        collar of a kind prescribed to be worn by
14                        dangerous dogs other than commercial security
15                        dogs with information attached to or endorsed
16                        on the collar in accordance with the regulations.
17                 Penalty:
18                     (a) a fine of $10 000, but the minimum penalty
19                           is a fine of $500;
20                     (b) for each separate and further offence
21                           committed by the person under the
22                           Interpretation Act 1984 section 71, a fine
23                           of $500.
24           (2)   Every person liable for the control of a dangerous dog
25                 must ensure that the enclosure within which the dog is
26                 confined is constructed to --
27                   (a) prevent the dog from escaping; and




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     Part 2      Dog Act 1976 amended

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1                     (b)   prevent a child who has not reached 7 years of
2                           age from entering, or inserting any part of its
3                           body into, the enclosure without the help of an
4                           adult.
5                    Penalty:
6                        (a) a fine of $10 000, but the minimum penalty
7                              is a fine of $500;
8                        (b) for each separate and further offence
9                              committed by the person under the
10                             Interpretation Act 1984 section 71, a fine
11                             of $500.
12             (3)   Subsection (2)(b) does not apply to a commercial
13                   security dog when it is working but otherwise
14                   subsection (2) applies to a dangerous dog whether or
15                   not the enclosure is at the premises where the dog is
16                   ordinarily kept or ordinarily permitted to live.
17             (4)   When a commercial security dog is working at
18                   premises, every person liable for the control of the dog
19                   and the person who arranges for the dog to guard or
20                   protect the premises must ensure that --
21                     (a) the dog is confined to the premises and the
22                           enclosure within which the dog is confined is
23                           constructed to prevent the dog from escaping;
24                           and
25                     (b) during any time that a person other than the
26                           dog's handler has lawful access to the area in
27                           which the dog is working, the dog --
28                             (i) is confined to an enclosure that is
29                                  constructed to prevent a child who has
30                                  not reached 7 years of age from
31                                  entering, or inserting any part of its
32                                  body into, the enclosure without the
33                                  help of an adult; or



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                                Dog Act 1976 amended         Part 2

                                                                 s. 36



1                  (ii)   wears a muzzle and is --
2                            (I) held by a person who has
3                                  reached 18 years of age who is
4                                  capable of controlling the dog;
5                                  or
6                           (II) securely tethered on a
7                                  temporary basis,
8                         by means of a chain, cord, leash or
9                         harness of sufficient strength and not
10                        exceeding the prescribed length.
11         Penalty:
12             (a) a fine of $10 000, but the minimum penalty
13                  is a fine of $500;
14             (b) for each separate and further offence
15                  committed by the person under the
16                  Interpretation Act 1984 section 71, a fine
17                  of $500.
18   (5)   The occupier of the premises where a dangerous dog is
19         ordinarily kept or ordinarily permitted to live must
20         ensure that a warning sign, of a prescribed kind, is
21         displayed at each entrance to the premises.
22         Penalty:
23              (a) a fine of $10 000, but the minimum penalty
24                    is a fine of $500;
25             (b) for each separate and further offence
26                    committed by the person under the
27                    Interpretation Act 1984 section 71, a fine
28                    of $500.




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     Part 2      Dog Act 1976 amended

     s. 36



1              (6)   When a dangerous dog is not confined in an enclosure,
2                    every person liable for the control of the dog must
3                    ensure that the dog wears a muzzle.
4                    Penalty:
5                        (a) a fine of $10 000, but the minimum penalty
6                              is a fine of $500;
7                        (b) for each separate and further offence
8                              committed by the person under the
9                              Interpretation Act 1984 section 71, a fine
10                             of $500.
11             (7)   When a dangerous dog is not confined in an enclosure,
12                   every person liable for the control of the dog must
13                   ensure that the dog is --
14                     (a) held by a person who is capable of controlling
15                           the dog; or
16                     (b) securely tethered for a temporary purpose,
17                   by means of a chain, cord, leash or harness of sufficient
18                   strength and not exceeding the prescribed length.
19                   Penalty:
20                        (a) a fine of $10 000, but the minimum penalty
21                             is a fine of $500;
22                        (b) for each separate and further offence
23                             committed by the person under the
24                             Interpretation Act 1984 section 71, a fine
25                             of $500.
26             (8)   When a dangerous dog is not confined in an enclosure,
27                   every person liable for the control of the dog must
28                   ensure that the dog is controlled by a person who has
29                   reached 18 years of age.
30                   Penalty:
31                       (a) a fine of $10 000, but the minimum penalty
32                             is a fine of $500;


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                                 Dog Act 1976 amended         Part 2

                                                                     s. 36



1               (b)   for each separate and further offence
2                     committed by the person under the
3                     Interpretation Act 1984 section 71, a fine
4                     of $500.
5     (9)   Every person liable for the control of a dangerous dog
6           must ensure that the dog is not in a public place --
7            (a) at all if the place is specified under
8                  section 31(2B) as a place where dogs are
9                  prohibited at all times; or
10           (b) at a time when the place is specified under
11                 section 31(2B) as a place where dogs are
12                 prohibited at that time.
13          Penalty:
14              (a) a fine of $10 000, but the minimum penalty
15                    is a fine of $500;
16              (b) for each separate and further offence
17                    committed by the person under the
18                    Interpretation Act 1984 section 71, a fine
19                    of $500.
20   (10)   Every person liable for the control of a dangerous dog
21          must ensure that the dog --
22           (a) does not kill a person; and
23           (b) does not endanger the life of a person.
24   (11)   A person who contravenes subsection (10) is guilty of a
25          crime.
26          Penalty: imprisonment for 10 years.




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1            33GB. Dangerous dogs (restricted breed) to be sterilised
2              (1)   The owner of a dangerous dog (restricted breed) that
3                    has reached 3 months of age must ensure that the dog is
4                    sterilised.
5                    Penalty:
6                         (a) a fine of $10 000, but the minimum penalty
7                                is a fine of $500;
8                         (b) for each separate and further offence
9                                committed by the person under the
10                               Interpretation Act 1984 section 71, a fine
11                               of $500.
12             (2)   It is a defence to a charge of an offence under
13                   subsection (1) if the person charged satisfies the court
14                   that the dog --
15                      (a) has a physical condition that is likely to cause
16                            the dog to die if it is sterilised; or
17                     (b) is sterile.

18           33GC. Restrictions on transferring ownership of
19                 dangerous dogs (restricted breed)
20             (1)   In this section --
21                   restricted breed pup means a pup --
22                     (a) having at least one parent that is a dangerous
23                            dog (restricted breed); and
24                     (b) that is under 3 months of age.
25             (2)   A person must not advertise a dangerous dog
26                   (restricted breed) or a restricted breed pup as being for
27                   sale or otherwise available for transfer of ownership.
28                   Penalty: a fine of $10 000, but the minimum penalty is
29                        a fine of $500.




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                                 Dog Act 1976 amended         Part 2

                                                                    s. 36



1    (3)   A person must not sell a dangerous dog (restricted
2          breed) or a restricted breed pup to another person.
3          Penalty: a fine of $10 000, but the minimum penalty is
4              a fine of $500.
5    (4)   A person must not otherwise transfer the ownership of
6          a dangerous dog (restricted breed) or a restricted breed
7          pup to another person unless --
8            (a) the dog or pup forms part of a deceased estate
9                  and its ownership is transferred by the executor
10                 of the will in relation to, or the administrator
11                 for, the estate; or
12           (b) the owner of the dog or pup is certified, by a
13                 person registered under a written law as a
14                 medical practitioner, as being not capable of
15                 caring for the dog or fulfilling the
16                 responsibilities that an owner of a dangerous
17                 dog (restricted breed) has under this Act.
18         Penalty: a fine of $10 000, but the minimum penalty is
19             a fine of $500.
20   (5)   A person must not --
21          (a) buy a dangerous dog (restricted breed) or a
22                restricted breed pup from another person; or
23          (b) otherwise accept the ownership of a dangerous
24                dog (restricted breed) or a restricted breed pup
25                from another person except in the
26                circumstances mentioned in subsection (4)(a)
27                or (b).
28         Penalty: a fine of $10 000, but the minimum penalty is
29            a fine of $500.
30   (6)   It is a defence to a charge of an offence under
31         subsection (5) in relation to a restricted breed pup if the
32         person charged satisfies the court that the person did



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     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 36



1                    not know and did not have reasonable cause to believe
2                    that the dog was a restricted breed pup.

3            33GD. Dangerous dogs (restricted breed) not to be bred
4                    A person must not --
5                     (a) breed a dangerous dog (restricted breed); or
6                     (b) breed from a dangerous dog (restricted breed).
7                    Penalty: a fine of $10 000, but the minimum penalty is
8                       a fine of $500.

9            33GE. Prohibition on transfer of ownership of dangerous
10                 dogs (declared) to persons under 18
11             (1)   In this section --
12                   receiver means a person to whom --
13                     (a) a dangerous dog (declared) is sold; or
14                     (b) the ownership of a dangerous dog (declared) is
15                            otherwise transferred;
16                   relevant time means the time at which an offence under
17                   subsection (2) is alleged to have been committed.
18             (2)   A person must not sell, or otherwise transfer the
19                   ownership of, a dangerous dog (declared) to a person
20                   who has not reached 18 years of age.
21                   Penalty: a fine of $10 000, but the minimum penalty is
22                      a fine of $500.
23             (3)   It is a defence to a charge of an offence under
24                   subsection (2) if the person charged satisfies the court
25                   that --
26                      (a) at or before the relevant time the receiver had
27                            produced to the person charged evidence that
28                            the receiver had reached 18 years of age; and




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                                                                                  s. 37



1                        (b)   at the relevant time the person charged had no
2                              reason to believe that the receiver had not
3                              reached 18 years of age.
4                 (4)   For the purposes of subsection (3)(a) the following
5                       documents can be used as evidence that a person has
6                       reached 18 years of age --
7                         (a) a current passport;
8                         (b) a current Australian driver's licence;
9                         (c) a prescribed document,
10                      that bears a photograph of the person and indicates by
11                      reference to the person's date of birth or otherwise that
12                      the person has reached 18 years of age.
13


14   37.          Section 33G amended
15         (1)    After section 33G(1) insert:
16

17               (2A)   An authorised person or a police officer who has
18                      reasonable grounds to believe that a dangerous dog
19                      (restricted breed) has given birth to one or more pups
20                      may --
21                        (a) enter any premises under a warrant issued
22                               under section 29(5a) or with the consent of an
23                               adult occupier of the premises; and
24                        (b) seize each pup; and
25                        (c) detain each pup under section 29(3).
26

27         (2)    In section 33G(2) delete "so detained pursuant to
28                subsection (1)" and insert:
29

30                detained as mentioned in subsection (1) or (2A)
31



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     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 38



1    38.         Section 33H amended
2          (1)   Delete section 33H(1)(a) and insert:
3

4                         (a)    a notice under section 33F(1) declaring a dog to
5                                be a dangerous dog (declared); or
6

7          (2)   In section 33H(3)(a) delete "notice, declaration or proposal" and
8                insert:
9

10               notice
11

12               Note: The heading to amended section 33H is to read:

13                     Local government may revoke a declaration or proposal to
14                     destroy


15   39.         Section 33I amended
16         (1)   In section 33I(1)(a)(i) delete "the declaration or control
17               requirements" and insert:
18

19               a declaration
20

21         (2)   In section 33I(1)(b) delete "dangerous dog," and insert:
22

23               dangerous dog (declared),
24




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                                                                                   s. 40



1    40.         Section 33J amended
2          (1)   In section 33J:
3                  (a) delete "An order imposing control requirements in
4                        relation to a dog" and insert:
5

6                          A notice declaring a dog to be a dangerous dog
7                          (declared)
8

9                  (b)     delete paragraphs (b), (c) and (d) and insert:
10

11                         (b)    the notice is revoked by the local government;
12                                or
13                         (c)    the decision pursuant to which the notice was
14                                given is quashed by the State Administrative
15                                Tribunal,
16

17         (2)   In section 33J after paragraph (a) insert:
18

19               or
20

21               Note: The heading to amended section 33J is to read:

22                       Duration of a declaration

23   41.         Section 33K amended
24         (1)   Delete section 33K(1) and insert:
25

26               (1)     The owner of a dangerous dog must ensure that every
27                       person liable for the control of the dog is aware of the
28                       person's responsibilities under this Division.
29                       Penalty: a fine of $10 000, but the minimum penalty is
30                           a fine of $500.
31



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     Part 2      Dog Act 1976 amended

     s. 41



1       (2)    At the end of section 33K(2) insert:
2

3                     Penalty:
4                         (a) a fine of $10 000, but the minimum penalty
5                              is a fine of $500;
6                         (b) for each separate and further offence
7                              committed by the person under the
8                              Interpretation Act 1984 section 71, a fine
9                              of $500.
10

11      (3)    In section 33K(3):
12               (a) delete "by which the dog was declared to be a dangerous
13                     dog," and insert:
14

15                     with which the dog is registered,
16

17              (b)    at the end of subsection (3) insert:
18

19                    Penalty: a fine of $10 000, but the minimum penalty is
20                       a fine of $500.
21

22      (4)    Delete section 33K(4) and insert:
23

24             (4)    On or before the change of ownership of a dangerous
25                    dog (declared), the person transferring ownership must
26                    give to the person to whom ownership is to be
27                    transferred --
28                      (a) written notice that the dog is a dangerous dog
29                            for the purposes of this Act; and
30                      (b) a copy of the notice given under section 33F(1).
31                    Penalty: a fine of $10 000, but the minimum penalty is
32                        a fine of $500.


     page 58
                                                           Dog Amendment Bill 2012
                                               Dog Act 1976 amended         Part 2

                                                                                   s. 42



1                (5A)   On or before the change of ownership of a dangerous
2                       dog (restricted breed) or a commercial security dog, the
3                       person transferring ownership must give, to the person
4                       to whom ownership is to be transferred, written notice
5                       that the dog is a dangerous dog for the purposes of
6                       this Act.
7                       Penalty: a fine of $10 000, but the minimum penalty is
8                            a fine of $500.
9

10         (5)    At the end of section 33K(5) insert:
11

12                      Penalty: a fine of $5 000.
13

14         (6)    In section 33K(2) after each of paragraphs (a) and (b) insert:
15

16                or
17


18   42.          Section 33L replaced
19                Delete section 33L and insert:
20


21           33L.       Defences applicable to this Division
22                      It is a defence to a charge of an offence under this
23                      Division if the person charged satisfies the court --
24                         (a) in the case of any person (including a person
25                               referred to in paragraph (b), (c) or (d)), that the
26                               person took all reasonable precautions and
27                               exercised all due diligence to avoid the
28                               contravention; or
29                        (b) in the case of any person other than the owner
30                               of the dog to which the charge relates, that the
31                               person did not know and did not have


                                                                                page 59
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 43



1                            reasonable cause to believe that the dog was a
2                            dangerous dog for the purposes of this Act; or
3                      (c)   in the case of a person who is the occupier of
4                            premises where the dog to which the charge
5                            relates is ordinarily kept or ordinarily permitted
6                            to live, that at the material time the dog was
7                            owned by another person who had reached
8                            18 years of age, and who is identified by the
9                            person charged; or
10                     (d)   in the case of a person who is the owner of the
11                           dog to which the charge relates (owner), that at
12                           the material time the dog was in the possession
13                           or control of another person without the
14                           owner's consent, express or implied.
15

16   43.       Section 33M amended
17             In section 33M(1):
18               (a) delete "dangerous dog," and insert:
19

20                     dangerous dog (declared),
21

22              (b)    in paragraph (a) delete the passage that begins with
23                     "dog," and continues to the end of the paragraph and
24                     insert:
25

26                     dog and the manner and place in which it is from time to
27                     time kept; or
28

29   44.       Section 34 amended
30             In section 34(4) after "Penalty:" insert:
31

32             a fine of
33


     page 60
                                                        Dog Amendment Bill 2012
                                            Dog Act 1976 amended         Part 2

                                                                                  s. 45



1    45.         Section 36 deleted
2                Delete section 36.

3    46.         Section 38 replaced
4                Delete section 38 and insert:
5


6          38.         Nuisance dogs
7                (1)   For the purposes of this section, a dog is a nuisance if
8                      the dog --
9                        (a) makes a noise, by barking or otherwise, that
10                             persistently occurs or continues to such a
11                             degree or extent that it unreasonably interferes
12                             with the peace, comfort or convenience of any
13                             person in any place; or
14                       (b) is shown to be allowed to behave consistently
15                             in a manner contrary to the general interest of
16                             the community; or
17                       (c) makes a noise, by barking or otherwise, that
18                             exceeds --
19                                (i) a prescribed noise level measured by a
20                                     prescribed method over a prescribed
21                                     period of time; or
22                               (ii) a prescribed number of times of
23                                     occurrence during or over a prescribed
24                                     period of time.
25               (2)   A person may lodge a complaint in a prescribed form
26                     with an authorised person, alleging that a dog is a
27                     nuisance.
28               (3)   If an authorised person is satisfied that a dog is a
29                     nuisance as alleged in a complaint, the authorised
30                     person may issue an order to a person liable for the
31                     control of the dog requiring that person to prevent the


                                                                           page 61
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 47



1                    behaviour that is alleged to constitute the nuisance by a
2                    time specified in the order.
3              (4)   An order has effect for 6 months after the day on which
4                    it is issued.
5              (5)   A person to whom an order is issued must comply with
6                    the order during the period in which it has effect.
7                    Penalty:
8                         (a) for an offence relating to a dangerous dog --
9                              (i)    a fine of $10 000, but the minimum
10                                    penalty is a fine of $500;
11                             (ii)  for each separate and further offence
12                                   committed by the person under the
13                                   Interpretation Act 1984 section 71, a
14                                   fine of $500;
15                       (b)    for an offence relating to a dog other than a
16                              dangerous dog, a fine of $5 000.
17             (6)   This section does not apply to a dog while that dog is
18                   kept at an establishment licensed as an approved
19                   kennel establishment under section 27.
20

21   47.       Section 39 amended
22             In section 39(3) delete the Penalty and insert:
23
24                   Penalty: a fine of $5 000.
25




     page 62
                                                         Dog Amendment Bill 2012
                                             Dog Act 1976 amended         Part 2

                                                                                  s. 48



1    48.         Section 43 amended
2          (1)   In section 43(1) delete the Penalty and insert:
3

4                      Penalty:
5                          (a) for an offence relating to a dangerous dog --
6                                (i)    a fine of $10 000, but the minimum
7                                       penalty is a fine of $500;
8                                (ii)  for each separate and further offence
9                                      committed by the person under the
10                                     Interpretation Act 1984 section 71, a
11                                     fine of $500;
12                         (b)    for an offence relating to a dog other than a
13                                dangerous dog, a fine of $5 000.
14

15         (2)   In section 43(2) delete the Penalty and insert:
16

17                     Penalty:
18                         (a) for an offence relating to a dangerous dog --
19                               (i)    a fine of $10 000, but the minimum
20                                      penalty is a fine of $500;
21                               (ii)  for each separate and further offence
22                                     committed by the person under the
23                                     Interpretation Act 1984 section 71, a
24                                     fine of $500;
25                         (b)    for an offence relating to a dog other than a
26                                dangerous dog, a fine of $5 000.
27




                                                                             page 63
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 49



1    49.       Section 43A amended
2              In section 43A:
3                (a) delete "name" and insert:
4

5                      name, date of birth
6

7               (b)    delete the Penalty and insert:
8

9                     Penalty:
10                        (a) for an offence relating to a dangerous dog, a
11                             fine of $10 000, but the minimum penalty is
12                             a fine of $500;
13                        (b) for an offence relating to a dog other than a
14                             dangerous dog, a fine of $5 000.
15


16   50.       Section 44 amended
17             After section 44(3) insert:
18

19             (4)    Despite subsection (2), a prosecution of an offence
20                    against section 33GA(10) can be commenced only by a
21                    police officer.
22             (5)    Subsections (2) and (4) do not limit the functions of the
23                    Director of Public Prosecutions under the Director of
24                    Public Prosecutions Act 1991 section 11.
25




     page 64
                                                  Dog Amendment Bill 2012
                                      Dog Act 1976 amended         Part 2

                                                                       s. 51



1    51.   Section 45 amended
2          Delete section 45(1) and insert:
3

4          (1)   In any proceeding for an offence against this Act in
5                relation to a specified dog --
6                  (a) an averment in a prosecution notice alleging an
7                         offence against this Act that at a particular
8                         time --
9                            (i) a specified person was the registered
10                               owner of the dog; or
11                          (ii) the dog was ordinarily kept by a
12                               specified person; or
13                         (iii) a specified person had the dog in the
14                               person's possession or under the
15                               person's control; or
16                         (iv) a specified person was the occupier of
17                               any premises where the dog was
18                               ordinarily kept or ordinarily permitted
19                               to live; or
20                          (v) the dog was not registered; or
21                         (vi) the dog was of a particular breed or was
22                               a mix of particular breeds; or
23                        (vii) the dog was not sterilised; or
24                       (viii) the dog was not microchipped; or
25                         (ix) that a specified person's name was
26                               recorded as the owner of the dog in a
27                               microchip database; or
28                          (x) that a specified database was a
29                               microchip database; or
30                         (xi) that a specified person or body was a
31                               microchip database company in relation
32                               to the dog; or


                                                                    page 65
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 52



1                          (xii) the dog had reached 3 months of age; or
2                         (xiii) the dog was under 3 months of age; or
3                         (xiv) the dog was the pup of a particular dog,
4                          is evidence of that fact; and
5                     (b) the onus of proving that at a particular time the
6                          dog was registered, sterilised, microchipped or
7                          was under the age of 3 months lies on the
8                          person making that assertion.
9            (2A)    In any proceedings, whether civil or criminal, the onus
10                   of proving that a particular dog was not a dangerous
11                   dog (restricted breed) lies on the person making that
12                   assertion.
13


14   52.       Section 45A amended
15             Delete section 45A(1), (2) and (3) and insert:
16

17             (1)   Regulations may provide for a modified penalty for an
18                   offence --
19                     (a) against a provision of this Act, other than the
20                          regulations, for which the maximum penalty
21                          does not exceed $10 000; or
22                     (b) a regulation made under section 48 or 54.
23             (2)   Local laws may provide for a modified penalty for an
24                   offence against those local laws.
25             (3)   A modified penalty for an offence must not exceed
26                   10% of the maximum penalty for that offence.
27




     page 66
                                                     Dog Amendment Bill 2012
                                         Dog Act 1976 amended         Part 2

                                                                              s. 53



1    53.     Section 46A inserted
2            At the end of Part VII insert:
3


4          46A.    Order to attend a dog training course, ban on
5                  owning or keeping dogs
6            (1)   A court that convicts a person of --
7                   (a) an offence against this Act for which there is a
8                         minimum penalty may, in addition to imposing
9                         a penalty, order the person to attend with the
10                        dog and complete a dog training course
11                        specified in the order; or
12                  (b) any other offence against this Act may, as an
13                        alternative to or in addition to, imposing a
14                        penalty, order the person to attend with the dog
15                        and complete a dog training course specified in
16                        the order.
17           (2)   If --
18                   (a)   a court convicts a person of an offence against
19                         this Act; and
20                   (b)   the person has previously been convicted of
21                         2 or more offences against this Act,
22                 the court may, in addition to imposing the penalty for
23                 the offence referred to in paragraph (a), order that the
24                 person is banned from owning or keeping a dog
25                 permanently or for a period specified in the order.
26           (3)   A court that makes an order made under subsection (1)
27                 or (2) is to provide a copy of the order to --
28                   (a) the local government for the district in which
29                          the person subject to the order lives; and
30                   (b) the CEO.



                                                                        page 67
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 54



1                  (4)   A person who does not comply with an order made
2                        under subsection (1) or (2) is guilty of contempt of
3                        court.
4                  (5)   A person who is guilty of contempt of court under
5                        subsection (4) may be summarily convicted by the
6                        Court and on conviction is liable to imprisonment for a
7                        term not exceeding 12 months, or to a fine not
8                        exceeding $5 000, or to both, or in default of
9                        immediate payment of the fine imposed, to
10                       imprisonment --
11                         (a) until the fine is paid; or
12                         (b) for a term not exceeding 12 months,
13                       whichever may be the shorter period.
14


15   54.           Section 47 replaced
16                 Delete section 47 and insert:
17


18           47.         Veterinary service expenses recoverable from local
19                       government
20                 (1)   In this section --
21                       representative, in relation to a local government,
22                       means --
23                         (a) an authorised person appointed by the local
24                                government; or
25                         (b) an employee of the local government,
26                       who, at the relevant time, is performing a function on
27                       behalf of the local government.
28                 (2)   A local government is liable to pay for the veterinary
29                       services requested in respect of a dog by a
30                       representative of the local government.


     page 68
                                                       Dog Amendment Bill 2012
                                           Dog Act 1976 amended         Part 2

                                                                                 s. 55



1          (3)     A veterinarian who provides services in respect of a
2                  dog at the request of a local government's
3                  representative may recover the amount of the costs for
4                  the services from the local government in a court of
5                  competent jurisdiction.
6


7    55.   Section 50 amended
8          In section 50(2) delete "$2 000" and insert:
9

10         $5 000
11

12         Note: The heading to amended section 50 is to read:

13                 General provisions relating to regulations and local laws

14   56.   Section 51 amended
15         In section 51:
16           (a) delete paragraphs (b), (ba) and (bb);
17           (b) in paragraph (d) delete "on which" and insert:
18

19                   where
20

21           (c)     in paragraph (e) delete "pounds" and insert:
22

23                   dog management facilities
24

25           (d)     delete paragraph (h).

26   57.   Section 53 deleted
27         Delete section 53.




                                                                               page 69
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 58



1    58.           Section 54 amended
2          (1)     After section 54(1) insert:
3

4                (2A)    Without limiting subsection (1), the Governor may
5                        make regulations to make provision for a register of
6                        dangerous dogs.
7                (2B)    Despite the Interpretation Act 1984 section 41(1)(b), a
8                        regulation prescribing a breed of dog to be a restricted
9                        breed for the purposes of the definition of dangerous
10                       dog (restricted breed) in section 3(1) comes into
11                       operation on the seventh day after publication in the
12                       Gazette or if a later day is specified or provided for in
13                       the regulation, on that day.
14

15         (2)     In section 54(3) delete "made under this Act in like manner
16                 mutatis mutandis as they apply to a local law." and insert:
17

18                 mentioned in this section in the same way that they apply to a
19                 regulation made under section 48.
20

21   59.           Part XI inserted
22                 After section 54 insert:
23


24                       Part XI -- Transitional provisions
25                 Division 1 -- Transitional provisions arising from
26                 certain amendments made by the Dog Amendment
27                                     Act 2012
28           55.         Application of the Interpretation Act 1984
29                       The provisions of this Division do not prejudice or
30                       affect the application of the Interpretation Act 1984 to

     page 70
                                             Dog Amendment Bill 2012
                                 Dog Act 1976 amended         Part 2

                                                                      s. 59



1          and in relation to the repeals of provisions of the Dog
2          Act 1976 effected by the Dog Amendment Act 2012.

3    56.   Authorisations in relation to assistance dogs
4          A dog specified in an authority given by the Minister
5          under the Dog Act 1976 section 8 and in effect
6          immediately before the day on which the Dog
7          Amendment Act 2012 section 7 comes into operation is,
8          on and from that day, to be taken to be an assistance
9          dog as defined in the Dog Act 1976 section 8(1) as
10         inserted by the Dog Amendment Act 2012 section 7.

11   57.   Registration procedure
12         An application for registration delivered under the Dog
13         Act 1976 section 16(1) but not finally dealt with under
14         section 16(2) of that Act before the day on which the
15         Dog Amendment Act 2012 section 14 comes into
16         operation is, on and from that day, to be dealt with as if
17         the Dog Amendment Act 2012 section 14 had not been
18         enacted.

19   58.   Detained dogs
20         A dog that is being detained by or on behalf of a local
21         government immediately before the day on which the
22         Dog Amendment Act 2012 section 25 comes into
23         operation, having been seized under the Dog Act 1976
24         section 29(3) is, on and from that day, to be dealt with
25         as if the Dog Amendment Act 2012 section 25 had not
26         been enacted.

27   59.   Dogs declared to be dangerous dogs
28         A declaration under the Dog Act 1976 section 33E(1)
29         that is in effect immediately before the day on which
30         the Dog Amendment Act 2012 section 34 comes into
31         operation is, on and from that day, to be taken to be a
32         declaration under the Dog Act 1976 section 33E(1) as

                                                                page 71
     Dog Amendment Bill 2012
     Part 2      Dog Act 1976 amended

     s. 59



1                        amended by the Dog Amendment Act 2012 section 34
2                        but any order imposed by the notice given under the
3                        Dog Act 1976 section 33F(1) ceases to have effect.

4            60.         Transitional regulations
5                  (1)   In this section --
6                        commencement day means --
7                          (a) in the case of transitional regulations under
8                                 subsection (2)(a) -- the day on which this
9                                 section commences; or
10                         (b) in the case of transitional regulations under
11                                subsection (2)(b) -- the day on which the
12                                amending provision commences;
13                       Gazettal day means the day on which transitional
14                       regulations are published in the Gazette;
15                       transitional matter means a matter of a transitional,
16                       savings or application nature;
17                       transitional regulations means regulations under
18                       subsection (2).
19                 (2)   Regulations may prescribe anything else required,
20                       necessary or convenient to be prescribed in relation to a
21                       transitional matter in connection with --
22                         (a) the enactment of the Dog Amendment Act 2012;
23                                or
24                         (b) an amendment made to the Dog Amendment
25                                Act 2012 by a provision of another Act (the
26                                amending provision).
27                 (3)   Transitional regulations can only be made before the
28                       end of the period of 12 months beginning on
29                       commencement day.
30                 (4)   If transitional regulations provide that a state of affairs
31                       is to be taken to have existed, or not to have existed, on
32                       and from a day (the operative day) that is earlier than

     page 72
                                             Dog Amendment Bill 2012
                                 Dog Act 1976 amended         Part 2

                                                                     s. 59



1          Gazettal day, the regulations have effect according to
2          their terms as long as the operative day is not earlier
3          than commencement day.
4    (5)   If transitional regulations contain a provision
5          mentioned in subsection (4), the provision does not
6          operate so as to --
7            (a) affect in a manner prejudicial to any person,
8                   other than the State or an authority of the State,
9                   the rights of that person existing before
10                  Gazettal day; or
11           (b) impose liabilities on any person, other than the
12                  State or an authority of the State, in respect of
13                  anything done or omitted to be done before
14                  Gazettal day.
15




                                                                 page 73
    Dog Amendment Bill 2012
    Part 3      Regulations repealed

    s. 60



1                   Part 3 -- Regulations repealed
2   60.       Dog (Restricted Breeds) Regulations (No. 2) 2002 repealed
3             The Dog (Restricted Breeds) Regulations (No. 2) 2002 are
4             repealed.




 


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