{"id":"litchfield-council-dog-management-by-laws-2017","name":"LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017","slug":"litchfield-council-dog-management-by-laws-2017","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176944,"registerId":"nt-litchfield-council-dog-management-by-laws-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017","content":"NORTHERN TERRITORY OF AUSTRALIA\nLITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017\nAs in force at 5 July 2017\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\n3 Registers ......................................................................................... 4\n4 Matters of evidence ......................................................................... 5\n5 Application of Criminal Code ........................................................... 5\nPart 2 Control of dogs\nDivision 1 Preliminary matters\n6 Interpretation ................................................................................... 5\n7 General exemption for assistance dogs .......................................... 6\nDivision 2 Registration of dogs\n8 Special considerations in determination of application for\nregistration ....................................................................................... 6\n9 Unregistered dogs ........................................................................... 7\n10 Failure to comply with a condition of registration ............................. 8\n11 Change of ownership ....................................................................... 8\n12 Change of address .......................................................................... 9\nDivision 3 Licensing of premises\n13 Requirement for licence ................................................................... 9\n14 Licensing of premises .................................................................... 10\n15 Failure to comply with a condition of licence.................................. 11\nDivision 4 Cancellation, variation or suspension of\nregistration or licence\n16 Cancellation, variation or suspension of registration or licence\nby request ...................................................................................... 11\n17 Cancellation, variation, or suspension of registration or licence\notherwise than by request.............................................................. 11\n18 Operation of notice of cancellation ................................................ 12\n\nLitchfield Council (Dog Management) By-laws 2017 ii\nDivision 5 Dangerous dogs\n19 Dangerous dog .............................................................................. 12\n20 Revocation of declaration .............................................................. 12\n21 Registration of dangerous dog....................................................... 13\nDivision 6 Dog exercise areas and dog restriction areas\n22 Dog exercise areas ........................................................................ 14\n23 Dog restriction areas ..................................................................... 15\nDivision 7 Offences\n24 Containment of dog ....................................................................... 16\n25 Dog at large ................................................................................... 16\n26 Enticement..................................................................................... 17\n27 Dog menacing person or animal .................................................... 17\n28 Dog attacking person or animal ..................................................... 18\n29 Dog chasing vehicle ...................................................................... 19\n30 Dog causing nuisance ................................................................... 19\n31 Abandoning dog ............................................................................ 20\nDivision 8 Enforcement\n32 Seizure of dogs.............................................................................. 20\nDivision 9 Pounds\n33 Pounds .......................................................................................... 21\n34 Notice of impounding ..................................................................... 21\n35 Release of dogs from pounds ........................................................ 21\n36 Diseased dogs ............................................................................... 22\n37 Disposal of impounded dogs ......................................................... 23\nPart 3 Infringement notice offences\n38 Infringement notice offence and prescribed amount payable ........ 23\n39 When infringement notice may be given ........................................ 24\n40 Contents of infringement notice ..................................................... 24\n41 Electronic payment and payment by cheque ................................. 25\n42 Withdrawal of infringement notice.................................................. 25\n43 Application of Part ......................................................................... 25\nPart 4 Miscellaneous matters\n44 Removal or disposal of animal remains ......................................... 26\n45 Obstruction of officers .................................................................... 26\n46 Misleading information ................................................................... 26\n47 Exemption for events ..................................................................... 28\n\nLitchfield Council (Dog Management) By-laws 2017 iii\n48 Council may charge fee for service ............................................... 28\nPart 5 Repeals and transitional matters\nDivision 1 Repeals\n49 Repeals ......................................................................................... 28\nDivision 2 Transitional matters for Litchfield Council\n(Dog Management) By-laws 2017\n50 Dogs taken to be registered........................................................... 29\n51 Offence provisions – before and after commencement ................. 29\nSchedule Infringement notice offences and\nprescribed amounts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 5 July 2017\n____________________\nLITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017\nBy-laws under the Local Government Act 2008\nPart 1 Preliminary matters\n1 Citation\nThese By-laws may be cited as the Litchfield Council (Dog\nManagement) By-laws 2017.\n2 Definitions\nIn these By-laws:\nabandon, in relation to a dog, includes:\n(a) deliberately leaving the dog at premises or in a public place;\nand\n(b) failing to obtain the release of the dog from a pound.\nanimal means an animal that is kept on private premises in the\nCouncil area, and includes dogs, cats, birds and reptiles.\napproved means approved by the Council.\nattack, in relation to the actions of a dog, means an action of a dog\nthat involves:\n(a) the dog rushing at, biting, chasing or menacing a person or\nanother animal; and\n(b) the dog actually touching the person or animal, or the clothing\nor other property in the immediate possession or under the\nimmediate control of the person, whether or not any injury or\ndamage occurs to the person, animal or property.\nauthorised person means a person appointed under\nsection 112(1) of the Act by the Council to be an authorised person.\n\nPart 1 Preliminary matters\nLitchfield Council (Dog Management) By-laws 2017 2\nCEO means the Chief Executive Officer of the Council.\nCouncil means the Litchfield Council.\nCouncil area means the Litchfield local government area.\ndangerous dog means a dog declared under by-law 19 to be a\ndangerous dog.\ndetermined means determined by the Council by resolution.\ndog means an animal of the genus Canis.\ndog exercise area means an area declared under by-law 22.\ndog restriction area means an area declared under by-law 23.\nformer By-laws, see by-law 49.\ninfringement notice, see by-law 39.\ninfringement notice offence, see by-law 38(1).\nlicence:\n(a) means a licence granted under these By-laws for the keeping\nof dogs on the premises in respect of which the licence is\ngranted; and\n(b) includes a licence that has been renewed.\nmenace, in relation to the actions of a dog, means an action that\ncreates a reasonable apprehension in a person:\n(a) that the dog is likely to attack:\n(i) the person; or\n(ii) an animal owned or in the control of the person; or\n(iii) another person; or\n(b) that the dog may escape or be released from restraint to\nattack a person or animal as mentioned in paragraph (a).\nmicrochip means an identification device:\n(a) that complies with the following Australian Standards:\n(i) AS 5018 – 2001 Electronic Animal Identification –\nNational coding scheme;\n\nPart 1 Preliminary matters\nLitchfield Council (Dog Management) By-laws 2017 3\n(ii) AS 5019 – 2001 Electronic Animal Identification –\nRadiofrequency methods; and\n(b) that can be implanted in a dog; and\n(c) that is designed to record information in a way that it can be\nelectronically retrieved.\nofficer means any of the following:\n(a) an authorised person;\n(b) an officer or employee of the Council.\nowner, in relation to:\n(a) a dog, means:\n(i) the registered owner of the dog; or\n(ii) the person for the time being in control of the dog; and\n(b) an animal (other than a dog) – means the person for the time\nbeing in control of the animal, unless another person is\nestablished to be the owner of the animal.\npound means a pound established or maintained in accordance\nwith Part 2, Division 9.\npremises includes:\n(a) a building; and\n(b) land (whether built on or not).\nprescribed amount, see by-law 38(2).\nproperly contained, in relation to a dog, means the dog is:\n(a) kept within a fenced area from which the dog is unable to\nescape; or\n(b) kept inside a building or other enclosure from which the dog is\nunable to escape; or\n(c) confined or restrained on a property in an appropriate manner.\n\nPart 1 Preliminary matters\nLitchfield Council (Dog Management) By-laws 2017 4\npublic place includes:\n(a) every place to which free access is permitted to the public,\nwith the express or tacit consent of the owner or occupier of\nthe place; and\n(b) every place to which the public are admitted on payment of\nmoney, the test of the admittance being the payment of the\nmoney only; and\n(c) every road, street or pathway that the public are allowed to\nuse, even if the road, street or pathway is formed on private\nproperty; and\n(d) land reserved under a law of the Territory for use by the public\nor members of the public.\nregister means a register kept under by-law 3.\nregistered, in relation to a dog, means registered under these\nBy-laws.\nregistered owner, in relation to a dog, means the person specified\nin the appropriate register as the owner of the dog.\nvehicle means a conveyance or other device designed to be\npropelled or drawn by any means and includes a bicycle, tricycle,\nmotor vehicle, wheelchair or mobility device and, where the context\nallows, an animal being driven or ridden.\nveterinarian means a registered veterinarian within the meaning of\nthe Veterinarians Act 1994.\nNote for by-law 2\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to these by-laws.\n3 Registers\n(1) The CEO must keep the registers as determined by the Council.\n(2) A register may be kept in any form, including electronic form.\n(3) The following information must be recorded in an appropriate\nregister:\n(a) all dogs registered by the Council;\n(b) all licences granted by the Council;\n\nPart 2 Control of dogs\nDivision 1 Preliminary matters\nLitchfield Council (Dog Management) By-laws 2017 5\n(c) all offences against these By-laws:\n(i) of which a registered owner of a dog has been found\nguilty by a court; or\n(ii) in respect of which a registered owner of a dog has paid\nthe prescribed amount under an infringement notice.\n4 Matters of evidence\n(1) An extract from, or copy of an entry in, a register, purportedly\nsigned by the CEO is evidence of the details contained in the entry\nwithout requiring the production of the register, unless a court\notherwise orders.\n(2) A statement purportedly signed by the CEO in relation to the details\ncontained in an entry in a register, including the following, is\nevidence of those details without requiring the production of the\nregister, unless a court otherwise orders:\n(a) whether the name of a person was entered in a register in\nrelation to an animal, matter or thing;\n(b) whether a licence or registration had been issued in relation to\npremises or an animal.\n5 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against these\nBy-laws.\nNote for by-law 5\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Control of dogs\nDivision 1 Preliminary matters\n6 Interpretation\n(1) A reference in this Part to the owner of a dog (other than to the\nregistered owner) includes:\n(a) the person for the time being in control of the dog; and\n\nPart 2 Control of dogs\nDivision 2 Registration of dogs\nLitchfield Council (Dog Management) By-laws 2017 6\n(b) the occupier of premises, or a part of premises, where the dog\nis usually kept; and\n(c) if the owner is under the age of 17 years, a parent or guardian\nof the owner.\n(2) A reference in this Part to the owner of a dog does not include a\nperson controlling or keeping a dog under Division 9.\n7 General exemption for assistance dogs\n(1) By-law 23(5) and (8) do not apply in relation to:\n(a) an assistance dog; or\n(b) any other dog that the Council determines is exempt from\nthose provisions.\n(2) In this by-law:\nassistance dog means a dog:\n(a) trained by an assistance dog training institution recognised by\nthe Council; and\n(b) used as an assistance dog by a person who:\n(i) is wholly or partially blind or deaf; or\n(ii) has another form of disability requiring the use of an\nassistance dog.\nDivision 2 Registration of dogs\n8 Special considerations in determination of application for\nregistration\n(1) The Council must, not later than 14 days after receiving an\napplication for the registration of a dog:\n(a) register the dog, either conditionally or unconditionally; or\n(b) refuse to register the dog and refund to the applicant the fee\nthat accompanied the application.\n(2) The Council may refuse to register a dog if:\n(a) within the period of 12 months before the date of the\napplication the owner of the dog has been found guilty by a\ncourt of more than 2 offences against these By-laws; or\n\nPart 2 Control of dogs\nDivision 2 Registration of dogs\nLitchfield Council (Dog Management) By-laws 2017 7\n(b) the dog is a dangerous dog and, within the period of 12\nmonths before the date of the application, the owner of the\ndog has contravened by-law 21(1) more than once; or\n(c) within the period of 12 months before the date of the\napplication the dog has been impounded under these By-laws\non more than 2 occasions; or\n(d) the Council is satisfied that the dog is destructive, dangerous,\nsavage or consistently the cause of nuisance to members of\nthe public; or\n(e) the premises on which the dog is usually kept are not secured\nto a degree that is satisfactory to the Council.\n(3) The Council must refuse to register a dog if:\n(a) in keeping the dog on the premises on which the dog is\nusually kept, the applicant would contravene by-law 13; or\n(b) the dog is usually kept on premises within a dog restriction\narea and is not a dog mentioned in by-law 23(7).\n(4) The Council must also refuse to register a dog that is not implanted\nwith a microchip.\n(5) If the Council refuses to register a dog or imposes conditions on the\nregistration of a dog, the Council must give the applicant a\nstatement in writing of the reasons for its decision.\n(6) For clause (2)(a), a reference to a finding of guilt for an offence\nincludes the payment of a prescribed amount under an infringement\nnotice given to a person under these By-laws.\n(7) In this by-law:\nregister, or registration of a dog, includes renewal of the\nregistration of the dog.\n9 Unregistered dogs\n(1) A person commits an offence if:\n(a) the person keeps a dog in the Council area for a period of\n3 months or longer; and\n(b) the dog is not registered.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n\nPart 2 Control of dogs\nDivision 2 Registration of dogs\nLitchfield Council (Dog Management) By-laws 2017 8\n(3) Clause (1) does not apply to:\n(a) a Council employee or contractor keeping a dog in a pound; or\n(b) an approved incorporated body that provides services relating\nto animal welfare keeping a dog in a refuge maintained by it;\nor\n(c) a veterinarian keeping a dog for the purposes of treatment.\n10 Failure to comply with a condition of registration\n(1) A registered owner of a dog commits an offence if:\n(a) the dog has been registered subject to conditions; and\n(b) a condition of the registration is contravened by the owner.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\n11 Change of ownership\n(1) A person who acquires ownership of a registered dog must, not\nlater than 14 days after acquiring ownership, notify the CEO of:\n(a) the person's name and address; and\n(b) the name of the registered owner from whom the person\nacquired the dog; and\n(c) the registration number of the dog.\n(2) A person who contravenes clause (1) commits an offence.\nMaximum penalty: 10 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant has a reasonable excuse.\n(5) The CEO must, on being notified of a change of ownership under\nclause (1), amend the register accordingly.\n\nPart 2 Control of dogs\nDivision 3 Licensing of premises\nLitchfield Council (Dog Management) By-laws 2017 9\n12 Change of address\n(1) The registered owner of a dog who changes the owner's address\nmust, not later than 14 days after the change, notify the CEO of the\nnew address.\n(2) A person who contravenes clause (1) commits an offence.\nMaximum penalty: 10 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant has a reasonable excuse.\n(5) The CEO must, on being notified of a change of address under\nclause (1), amend the register accordingly.\nDivision 3 Licensing of premises\n13 Requirement for licence\n(1) The Council may determine a maximum number of dogs, or dogs of\na class of dog, that may be kept on premises without a licence.\n(2) An occupier of premises commits an offence if the occupier keeps\ndogs on the premises in contravention of a determination under\nclause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if:\n(a) the defendant has a reasonable excuse; or\n(b) the defendant establishes that the dogs, or the dogs of the\nclass of dog, had not been usually kept on the premises:\n(i) for a period of 3 months or more immediately before the\ndate of the alleged offence; or\n(ii) for periods totalling 3 months or more during the 6 month\nperiod immediately before the date of the alleged\noffence.\n\nPart 2 Control of dogs\nDivision 3 Licensing of premises\nLitchfield Council (Dog Management) By-laws 2017 10\n14 Licensing of premises\n(1) The Council must, not later than 14 days after receiving an\napplication for the licensing of premises for the keeping of dogs:\n(a) grant a licence in respect of the premises, either conditionally\nor unconditionally; or\n(b) refuse to grant a licence in respect of the premises and refund\nto the applicant the fee accompanying the application.\n(2) In considering an application under clause (1), the Council may\ntake into account any matter that it considers relevant, including the\nfollowing:\n(a) the facilities for controlling dogs at the premises specified in\nthe application;\n(b) the number of dogs kept or to be kept at the premises;\n(c) the likely impact on residents in the locality where the\npremises are situated if the licence is granted.\n(3) If the Council has determined the manner in which premises are to\nbe fenced, the Council must not grant a licence in respect of\npremises if the premises are not fenced in accordance with the\ndetermination.\n(4) The Council may renew a licence without considering the\napplication in the manner specified in clauses (2) and (3) if:\n(a) the application is for the renewal of a licence; and\n(b) to the Council's knowledge no matters have arisen that, if\ntaken into account at the time the licence was granted, would\nhave caused the Council to refuse to grant the licence or to\ngrant the licence subject to conditions other than those\nspecified in the licence; and\n(c) the Council has not, since the grant of the licence, made a\ndetermination as mentioned in clause (3) that affects the\npremises.\n(5) If the Council refuses to grant a licence, grants a licence subject to\nconditions or renews a licence subject to conditions not imposed on\nthe original licence, the Council must give the applicant a statement\nin writing of the reasons for its decision.\n\nPart 2 Control of dogs\nDivision 4 Cancellation, variation or suspension of registration or licence\nLitchfield Council (Dog Management) By-laws 2017 11\n15 Failure to comply with a condition of licence\n(1) An occupier of premises commits an offence if:\n(a) a licence has been granted subject to conditions in respect of\nthe premises; and\n(b) a condition of the licence is contravened by the occupier.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\nDivision 4 Cancellation, variation or suspension of\nregistration or licence\n16 Cancellation, variation or suspension of registration or licence\nby request\nThe Council may, on the written request of the registered owner of\na dog or the holder of a licence, by notice in writing given to the\nregistered owner or holder:\n(a) cancel the registration of the dog or the licence; or\n(b) vary the conditions to which the registration of the dog or the\nlicence is subject; or\n(c) in the case of a licence – suspend the licence for the period\nspecified in the notice.\n17 Cancellation, variation, or suspension of registration or licence\notherwise than by request\n(1) The Council may, by written notice given to the registered owner of\na dog or the holder of a licence, require the person given the notice\nto show cause why the Council should not:\n(a) cancel the registration of the dog or the licence; or\n(b) vary, in the manner specified in the notice, the conditions to\nwhich the registration or the licence is subject; or\n(c) in the case of a licence – suspend the licence for the period\nspecified in the notice.\n\nPart 2 Control of dogs\nDivision 5 Dangerous dogs\nLitchfield Council (Dog Management) By-laws 2017 12\n(2) The Council must consider any response by the registered owner of\na dog before deciding to take an action mentioned in clause (1)(a)\nto (c).\n(3) The Council may, not less than 14 days after the date of service of\na notice under clause (1), by another written notice given to the\nregistered owner or the holder of the licence to whom the notice\nwas given under clause (1):\n(a) cancel the registration of the dog or cancel the licence; or\n(b) vary, in the manner specified in the notice, the conditions to\nwhich the registration of the dog or the licence is subject; or\n(c) in the case of a licence – suspend the licence for the period\nspecified in the notice (which is not to be longer than the\nperiod specified in the notice given under clause (1)).\n18 Operation of notice of cancellation\nA notice given by the Council under by-law 16 or 17(3) takes effect\non the expiry of 14 days after the notice is given.\nDivision 5 Dangerous dogs\n19 Dangerous dog\n(1) An authorised person may declare a dog to be a dangerous dog if:\n(a) the dog attacks a person or animal; or\n(b) the dog menaces a person or animal; or\n(c) the authorised person believes on reasonable grounds that\nthe dog is destructive, dangerous, savage or a threat to the\nsafety of the community.\n(2) If an authorised person declares a dog to be a dangerous dog, the\nCouncil must serve a notice of the declaration on the owner of the\ndog.\n20 Revocation of declaration\n(1) The owner of a dangerous dog may apply to the Council for the\nrevocation of the declaration of the dog.\n(2) The Council may:\n(a) revoke the declaration; or\n\nPart 2 Control of dogs\nDivision 5 Dangerous dogs\nLitchfield Council (Dog Management) By-laws 2017 13\n(b) refuse to revoke the declaration.\n(3) The Council must give written notice of a decision under clause (2)\nto the owner of the dog.\n(4) A revocation under clause (2)(a) takes effect from the date the\nCouncil notifies the owner of the revocation.\n(5) If the Council refuses an application made under clause (1), the\nCEO is not required to consider an application made under\nclause (1) in relation to the same dog within 6 months of the refusal.\n21 Registration of dangerous dog\n(1) As a condition of registration of a dangerous dog, the owner of the\ndog must:\n(a) ensure the dog is properly contained when the dog is at the\npremises where the dog is usually kept; and\n(b) erect signage on the premises where the dog is usually kept,\nwith the words \"Warning Dangerous Dog\" clearly visible and\nlegible from the front boundary of the premises; and\n(c) when the dog is outside the premises where the dog is usually\nkept:\n(i) ensure the dog is under the control of a person who is at\nleast 18 years of age and competent to restrain the dog;\nand\n(ii) ensure the dog is controlled by a suitable leash, and\nmuzzled; and\n(d) if the owner intends to keep the dog at a different location to\nthe premises where the dog is usually kept for a period\nexceeding 14 days – notify the Council of the new address\nwithin 24 hours after the dog is relocated; and\n(e) if the dog attacks, or is alleged to have attacked, a person or\nanimal – notify the Council of the attack, or alleged attack,\nwithin 24 hours:\n(i) after the attack, or alleged attack; or\n(ii) of a later time when the owner is made aware of the\nattack, or alleged attack.\n\nPart 2 Control of dogs\nDivision 6 Dog exercise areas and dog restriction areas\nLitchfield Council (Dog Management) By-laws 2017 14\n(2) It is also a condition of registration of a dangerous dog that the\nowner must:\n(a) if the dog is missing – notify the Council within 24 hours after\nthe owner becomes aware the dog is missing; and\n(b) if the dog dies – notify the Council within 14 days after its\ndeath.\n(3) It is a further condition of registration of a dangerous dog that the\nowner must:\n(a) inform a prospective purchaser or owner of the dog that it is a\ndangerous dog; and\n(b) if ownership of the dog is transferred – notify the Council of\nthe name and address of the new owner within 24 hours after\nthe transfer.\n(4) The owner of a dangerous dog must also comply with any other\ncondition imposed by the Council on the registration of the dog.\n(5) If the owner of a dangerous dog contravenes any of clauses (1)\nto (4) more than once in a 12 month period, the Council may, by\nnotice served on the owner of the dog, require the owner to show\ncause why the Council should not cancel the registration of the dog.\n(6) The Council must consider any response by the registered owner of\na dog before deciding to cancel the registration of the dog.\n(7) The Council may, not less than 14 days after the day a notice under\nclause (5) is served, by written notice served on the owner, do one\nor both of the following:\n(a) cancel the registration of the dog;\n(b) impose additional conditions on the registration of the dog.\nDivision 6 Dog exercise areas and dog restriction areas\n22 Dog exercise areas\n(1) The Council:\n(a) may declare an area within the Council area to be a dog\nexercise area; and\n(b) must specify:\n(i) the times when a dog may be exercised in the area; and\n\nPart 2 Control of dogs\nDivision 6 Dog exercise areas and dog restriction areas\nLitchfield Council (Dog Management) By-laws 2017 15\n(ii) any other conditions applying to the exercising of a dog\nin the area.\nExample for clause (1)(b)(ii)\nThe Council may impose a condition that female dogs in oestrus are not\npermitted in a dog exercise area, or are permitted only at certain times.\n(2) The Council must publish on its website and in a newspaper\ncirculating in the Council area a notice of its intention to declare a\ndog exercise area not less than 28 days before making the\ndeclaration.\n(3) The Council must consider any response from members of the\npublic who reside in the Council area to the notice mentioned in\nclause (2) before declaring the area to be a dog exercise area.\n23 Dog restriction areas\n(1) The Council may:\n(a) declare an area to be a dog restriction area; and\n(b) prohibit the keeping in the area of:\n(i) all dogs; or\n(ii) more than a specified number of dogs; or\n(iii) all or more than a specified number of dogs of a\nspecified class.\n(2) The Council may also prohibit the taking of a dog into a dog\nrestriction area.\n(3) The Council must publish on its website and in a newspaper\ncirculating in the Council area a notice of its intention to declare a\ndog restriction area not less than 28 days before making the\ndeclaration.\n(4) The Council must consider any response from members of the\npublic who reside in the Council area to the notice mentioned in\nclause (3) before declaring the area to be a dog restriction area.\n(5) A person commits an offence if the person keeps a dog in a dog\nrestriction area where keeping the dog is prohibited.\nMaximum penalty: 20 penalty units.\n(6) An offence against clause (5) is an offence of strict liability.\n\nPart 2 Control of dogs\nDivision 7 Offences\nLitchfield Council (Dog Management) By-laws 2017 16\n(7) It is a defence to a prosecution for an offence against clause (5) if\nthe defendant proves that, at the date of the declaration of the dog\nrestriction area, the dog:\n(a) was owned by the person; and\n(b) was usually kept at premises in the dog restriction area; and\n(c) if required by these By-laws to be registered, was registered.\n(8) A person commits an offence if the person takes a dog into a dog\nrestriction area where the taking of the dog is prohibited.\nMaximum penalty: 20 penalty units.\n(9) It is a defence to a prosecution for an offence against clause (8) if\nthe person has a reasonable excuse.\nDivision 7 Offences\n24 Containment of dog\n(1) An owner of a dog commits an offence if the dog is not properly\ncontained when the dog is on the premises where the dog is usually\nkept.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) For clause (1), the following matters are immaterial:\n(a) the time for which the dog is not properly contained;\n(b) the ability of the owner to contain the dog.\n25 Dog at large\n(1) An owner of a dog commits an offence if the dog is at large in the\nCouncil area.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant establishes that another person had, without the\ndefendant's permission, enticed the dog to become at large.\n\nPart 2 Control of dogs\nDivision 7 Offences\nLitchfield Council (Dog Management) By-laws 2017 17\n(4) It is also a defence to a prosecution for an offence against\nclause (1) if the defendant establishes that:\n(a) the dog was in a dog exercise area; and\n(b) the dog was not in contravention of any conditions applying in\nrelation to the dog exercise area.\n(5) In this by-law:\nat large, in relation to a dog, means:\n(a) the dog is in a place other than the premises where the dog is\nusually kept; and\n(b) the dog is not under effective control.\nunder effective control, in relation to a dog, means the dog is:\n(a) restrained by a leash, cord, chain or similar device that:\n(i) is no longer than 3 metres; and\n(ii) is held by a person who is over the age of 12 years and\ncompetent to restrain the dog; or\n(b) enclosed in a vehicle (which includes being in or on the back\nof a flat-topped, tray-backed or well-bodied vehicle) in such a\nmanner that no part of the dog is projecting from the vehicle;\nor\n(c) in a dog exercise area in accordance with the conditions, if\nany, to which use of the area is subject.\n26 Enticement\nA person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in the owner of a dog being liable to\nprosecution for an offence against these By-laws; and\n(c) the person is reckless in relation to that result.\nMaximum penalty: 20 penalty units.\n27 Dog menacing person or animal\n(1) An owner of a dog must ensure that the dog does not menace a\nperson or animal.\n\nPart 2 Control of dogs\nDivision 7 Offences\nLitchfield Council (Dog Management) By-laws 2017 18\n(2) An owner of a dog commits an offence if the owner contravenes\nclause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes any of the following:\n(a) another person had, without the defendant's permission,\nenticed the dog to menace the person or animal;\n(b) the animal that was menaced was menaced on premises\nowned or occupied by the defendant;\n(c) the person who was attacked:\n(i) was attacked on premises owned or occupied by the\ndefendant; and\n(ii) was not able to establish that he or she was on the\npremises for a lawful purpose.\n(5) If a court finds a person guilty of an offence against clause (2), the\ncourt may make one or both of the following orders:\n(a) if the dog was impounded as a result of the offence – an order\nthat the person pay the costs and expenses of, and incidental\nto, the impounding;\n(b) an order for the destruction of the dog in addition to, or instead\nof, the penalty for the offence.\n28 Dog attacking person or animal\n(1) An owner of a dog must ensure that the dog does not attack a\nperson or animal.\n(2) An owner of a dog commits an offence if the owner contravenes\nclause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes any of the following:\n(a) another person had, without the defendant's permission,\nenticed the dog to attack the person or animal;\n\nPart 2 Control of dogs\nDivision 7 Offences\nLitchfield Council (Dog Management) By-laws 2017 19\n(b) the animal that was attacked was attacked on premises\nowned or occupied by the defendant;\n(c) the person who was attacked:\n(i) was attacked on premises owned or occupied by the\ndefendant; and\n(ii) was not able to establish that he or she was on the\npremises for a lawful purpose.\n(5) If a court finds a person guilty of an offence against clause (2), the\ncourt may make one or both of the following orders:\n(a) if the dog was impounded as a result of the offence – an order\nthat the person pay the costs and expenses of, and incidental\nto, the impounding;\n(b) an order for the destruction of the dog in addition to, or instead\nof, the penalty for the offence.\n29 Dog chasing vehicle\n(1) An owner of a dog must ensure the dog does not chase a vehicle.\n(2) An owner of a dog commits an offence if the owner contravenes\nclause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant establishes that another person had, without the\ndefendant's permission, enticed the dog to chase the vehicle.\n30 Dog causing nuisance\n(1) An owner of a dog must ensure that the dog, either by itself or in\nconcert with other dogs, is not a nuisance.\n(2) An owner of a dog commits an offence if the owner contravenes\nclause (1).\nMaximum penalty: 20 penalty units.\n(3) An offence against clause (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against clause (2) if\nthe defendant has a reasonable excuse.\n\nPart 2 Control of dogs\nDivision 8 Enforcement\nLitchfield Council (Dog Management) By-laws 2017 20\n(5) For this by-law, a dog is a nuisance if it is injurious or dangerous to\nthe health of the community or an individual, or behaves repeatedly\nin a manner contrary to the general interest of the community or an\nindividual.\n(6) Without limiting clause (5), a dog is a nuisance if it:\n(a) creates a noise, by barking or otherwise, that persistently\noccurs or continues to a degree or extent that has a disturbing\neffect on the state of reasonable mental, physical or social\nwell-being of a person; or\n(b) repeatedly barks when people or vehicles use a public place\nin the vicinity of the premises where the dog is kept; or\n(c) repeatedly defecates in a place causing annoyance to a\nperson other than the owner of the dog.\n(7) The owner of a dog does not commit an offence against this by-law\nby reason of the actions of the dog mentioned in clause (6)(c) if the\nowner immediately removes the faeces and disposes of them in a\npublic garbage receptacle or on the owner's own property.\n31 Abandoning dog\n(1) A person commits an offence if the person abandons a dog in the\nCouncil area.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against clause (1) if\nthe defendant has a reasonable excuse.\nDivision 8 Enforcement\n32 Seizure of dogs\n(1) An authorised person may seize:\n(a) an apparently diseased, injured, savage, destructive, stray or\nunregistered dog; or\n(b) a dog that is at large; or\n(c) a dangerous dog, if the owner of the dog has not complied\nwith the conditions of the dog's registration.\n\nPart 2 Control of dogs\nDivision 9 Pounds\nLitchfield Council (Dog Management) By-laws 2017 21\n(2) The authorised person may destroy the dog if:\n(a) the dog is diseased, injured, savage or destructive; and\n(b) in the opinion of the authorised person, it is necessary to do\nso.\n(3) Otherwise, the authorised person must as soon as practicable:\n(a) deliver the dog to a pound; or\n(b) return the dog to its owner.\nDivision 9 Pounds\n33 Pounds\nThe Council may, whether within the Council area or otherwise:\n(a) establish a pound; or\n(b) make arrangements it considers appropriate for the use of\npremises for impounding dogs under this Division.\n34 Notice of impounding\n(1) If a registered dog with a microchip is delivered to a pound, the\nCEO must give the registered owner a notice of the impounding of\nthe dog.\n(2) If a dog with a collar on which an address is displayed is delivered\nto a pound, the CEO may give, at the address, a notice of the\nimpounding of the dog.\n(3) Except as mentioned in clause (1) or (2), the CEO is not obliged to\nnotify the owner of a dog of the impounding of the dog.\n35 Release of dogs from pounds\n(1) Subject to by-law 37(1)(b), an impounded dog is not to be released\nfrom a pound:\n(a) unless it is registered; and\n(b) other than to the owner of the dog or a person authorised to\nact as the owner's agent; and\n(c) unless there is paid to the Council the appropriate release\nfees.\n\nPart 2 Control of dogs\nDivision 9 Pounds\nLitchfield Council (Dog Management) By-laws 2017 22\n(2) A person who is collecting a dog from a pound must satisfy the\ncouncil employee at the pound that the person is the owner of the\ndog, or is authorised to act as the owner's agent.\n36 Diseased dogs\n(1) This by-law applies if a dog has been seized under these By-laws\nand:\n(a) a council employee notices or suspects that the dog is\ndiseased; or\n(b) the CEO receives advice from a veterinarian that the dog is, or\nis suspected of being, diseased.\n(2) If clause (1)(a) applies, the employee must notify the CEO of the\ndog's condition.\n(3) The CEO must arrange for the dog to be isolated from other dogs in\nthe pound.\n(4) The CEO must give the owner, if known, of a dog isolated under\nclause (3) written notice that the dog is, or is suspected of being,\ndiseased and that the Council:\n(a) requires the dog to undergo a course of treatment specified in\nthe notice; or\n(b) requires the dog to be destroyed.\n(5) In a notice under clause (4), the CEO may require the owner of the\ndog to produce to the Council, within the time specified in the\nnotice, a report prepared by a veterinarian or other person specified\nin the notice relating to:\n(a) if the dog is not required to be destroyed – the disease of the\ndog; or\n(b) all other dogs usually kept at the premises where the dog was\nkept.\n(6) A dog the subject of a notice under this by-law may be released\nfrom the pound in accordance with by-law 35 or 37(1)(b) subject to\nany conditions the Council considers appropriate.\n(7) The CEO may arrange for a dog in a pound to be destroyed if the\ndog is so diseased or injured that it is humane to destroy it.\n(8) The cost of treatment reasonably provided by the Council to a\ndiseased dog, and to any other dog in the pound that was infected\n\nPart 3 Infringement notice offences\nLitchfield Council (Dog Management) By-laws 2017 23\nor was at risk of being infected by the diseased dog before the dog\ncould reasonably be isolated, is a debt due and payable by the\nowner of the diseased dog to the Council.\n(9) An owner of a dog commits an offence if the owner:\n(a) fails to comply with a requirement of a notice under clause (4);\nor\n(b) contravenes a condition imposed under clause (6).\nMaximum penalty: 20 penalty units.\n(10) An offence against clause (9) is an offence of strict liability.\n(11) It is a defence to a prosecution for an offence against clause (9) if\nthe defendant has a reasonable excuse.\n37 Disposal of impounded dogs\n(1) The CEO may, after a dog has been impounded for 72 hours:\n(a) arrange for the destruction of the dog; or\n(b) pass the property in the dog to an approved incorporated body\nthat provides services relating to animal welfare, and dispose\nof the dog as agent for that body.\n(2) Despite clause (1), if an investigation is initiated in relation to a dog\nthat is impounded (for example, if the dog is alleged to have\nattacked a person or another animal), the dog must not be\ndestroyed or disposed of until the investigation is complete.\n(3) A dog in a pound is not to be destroyed other than:\n(a) by a veterinarian or another person who is, in the opinion of\nthe CEO, qualified to destroy the dog; and\n(b) in a manner that is approved by the Australian Veterinary\nAssociation.\nPart 3 Infringement notice offences\n38 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in the Schedule.\n\nPart 3 Infringement notice offences\nLitchfield Council (Dog Management) By-laws 2017 24\n(2) The prescribed amount for an infringement notice offence is the\namount equal to the monetary value of the number of penalty units\nspecified for the offence in the Schedule.\n39 When infringement notice may be given\nIf an authorised person believes on reasonable grounds that a\nperson has committed an infringement notice offence, the\nauthorised person may give a notice (an infringement notice) to\nthe person.\n40 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to which the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n\nPart 3 Infringement notice offences\nLitchfield Council (Dog Management) By-laws 2017 25\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n(v) making a community work order for the person and\nimprisonment of the person if the person contravenes\nthe order.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in clause (2)(b).\n41 Electronic payment and payment by cheque\n(1) If the person uses electronic means to pay the prescribed amount,\npayment is not effected until the amount is credited to the Council's\nbank account.\n(2) If the person tenders a cheque in payment of the prescribed\namount, payment is not effected unless the cheque is cleared on\nfirst presentation.\n42 Withdrawal of infringement notice\n(1) The Council may withdraw an infringement notice by written notice\ngiven to the person.\n(2) The withdrawal notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n43 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given, unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n\nPart 4 Miscellaneous matters\nLitchfield Council (Dog Management) By-laws 2017 26\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any one of the notices.\nPart 4 Miscellaneous matters\n44 Removal or disposal of animal remains\n(1) The Council may arrange for the remains of a dead animal that is\nfound in a public place to be removed or disposed of.\n(2) If the Council incurs expense in removing or disposing of a dead\nanimal, the Council may recover the expense from the owner of the\nanimal as a debt due and payable to the Council.\n45 Obstruction of officers\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is one of the following:\n(i) an officer;\n(ii) an employee of a contractor or subcontractor of the\nCouncil; and\n(c) the other person is acting in an official capacity and the person\nhas knowledge of that circumstance.\nMaximum penalty: 20 penalty units.\n(2) Strict liability applies to clause (1)(b).\n(3) In this by-law:\nacting in an official capacity, in relation to a person mentioned in\nclause (1)(b), means the person is exercising powers or performing\nfunctions under, or otherwise related to the administration of, these\nBy-laws.\nobstruct includes hinder and resist.\n46 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n\nPart 4 Miscellaneous matters\nLitchfield Council (Dog Management) By-laws 2017 27\n(b) the other person is an officer; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the officer is acting in an official capacity and the person has\nknowledge of that circumstance.\nMaximum penalty: 20 penalty units.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is an officer; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the officer is acting in an official capacity and the person has\nknowledge of that circumstance.\nMaximum penalty: 20 penalty units.\n(3) Strict liability applies to clauses (1)(b) and (2)(b).\n(4) Clause (2) does not apply if the person, when giving the document:\n(a) draws the misleading aspect of the document to the officer's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe officer the information necessary to remedy the misleading\naspect of the document.\n(5) In this by-law:\nacting in an official capacity, in relation to an officer, means the\nofficer is exercising powers or performing functions under, or\notherwise related to the administration of, these By-laws.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n\nPart 5 Repeals and transitional matters\nDivision 1 Repeals\nLitchfield Council (Dog Management) By-laws 2017 28\n47 Exemption for events\n(1) The Council may, by notice in writing, exempt a person or body\nfrom either or both of by-laws 24 or 25:\n(a) for the purposes of a dog race, dog trial or dog show; or\n(b) while taking part in the activities of a dog obedience club; or\n(c) while using a dog to drive cattle or stock on a road; or\n(d) for any other purpose or event as the Council may determine.\n(2) An exemption under clause (1):\n(a) may relate to a particular event or to a class of events; and\n(b) may be subject to any conditions the Council considers\nappropriate.\n48 Council may charge fee for service\n(1) The Council may charge a fee for any service provided under these\nBy-laws.\nExamples for clause (1)\nA fee for registering a dog, licensing of premises, inspecting a register, keeping a\ndog in a pound.\n(2) If the Council considers it appropriate, the Council may waive,\nreduce or refund a fee charged under clause (1).\nPart 5 Repeals and transitional matters\nDivision 1 Repeals\n49 Repeals\nThe following By-laws (the former By-laws) in relation to the\nLitchfield local government area that were in force immediately\nbefore the commencement of these By-laws are repealed:\n(a) all By-laws made under section 188 of the Local Government\nAct 1993;\n(b) all By-laws continued in force under section 262(2) of the\nLocal Government Act 2008.\n\nPart 5 Repeals and transitional matters\nDivision 2 Transitional matters for Litchfield Council (Dog Management) By-laws 2017\nLitchfield Council (Dog Management) By-laws 2017 29\nDivision 2 Transitional matters for Litchfield Council (Dog\nManagement) By-laws 2017\n50 Dogs taken to be registered\nIf, under the former By-laws, the owner of a dog provided the\nCouncil with details of an approved microchip implanted in the dog,\nthe dog is taken to be registered under these By-laws.\n51 Offence provisions – before and after commencement\n(1) The offence provisions apply only in relation to offences committed\nafter the commencement of these By-laws (the commencement).\n(2) The offence provisions under the former By-laws, as in force before\nthe commencement, continue to apply in relation to offences\ncommitted before the commencement.\n(3) For this by-law, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this by-law:\noffence provisions means the provisions of these By-laws that\ncreate or relate to offences (including in relation to criminal\nresponsibility, defences and penalties).\n\nSchedule Infringement notice offences and prescribed amounts\nLitchfield Council (Dog Management) By-laws 2017 30\nSchedule Infringement notice offences and prescribed\namounts\nby-law 38\nProvision Prescribed amount\nin penalty units\nby-laws 9(1), 10(1), 11(2), 12(2), 13(2), 23(5)\nand (8) and 25(1)\n1\nby-laws 15(1), 24(1), 29(2), 30(2) and 31(1) 2\nby-law 27(2) 3\nby-law 28(2) 6\n\nENDNOTES\nLitchfield Council (Dog Management) By-laws 2017 31\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLitchfield Council (Dog Management) By-laws (SL No. 12, 2017)\nNotified 5 July 2017\nCommenced 5 July 2017\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: bl 1, 2, 40 and 49.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as a comprehensive dog management regime for the Litchfield Council area. It covers standard local government dog control functions (registration, dangerous dogs, nuisance, pounds) without significant scope creep. The transitional provisions (by-laws 50-51) simply ensure continuity from previous by-laws rather than expanding the scope."},"complexity_factors":["Moderate length (approximately 30 pages with endnotes)","47 defined terms in the interpretation section (by-law 2), including nested definitions like 'attack' and 'menace'","Multiple cross-references between Parts (e.g., by-law 7 references by-law 23; by-law 21 references by-law 19)","Conditional logic with exceptions: strict liability offences with specific defences (e.g., by-law 25(3)-(4) defences to 'dog at large')","Layered requirements for dangerous dogs (by-law 21) with multiple sub-conditions and cascading consequences (show cause notices leading to cancellation)","Transitional provisions (Part 5) dealing with continuity from repealed by-laws","Schedule of infringement offences creating a dual-track enforcement system (court vs. administrative fines)"],"plain_english_summary":"**What this legislation does:**\n\nThese by-laws set the rules for owning, registering, and controlling dogs in the Litchfield Council area (Northern Territory). They cover everything from microchipping and registration to dangerous dog declarations, where dogs can be exercised, and what happens when dogs misbehave.\n\n**Who it affects:**\n\n*   **Dog owners** in the Litchfield Council area – anyone keeping a dog for 3+ months must register it and comply with control rules.\n*   **People keeping multiple dogs** – may need a licence for their premises.\n*   **Owners of dangerous dogs** – face strict containment, signage, and reporting requirements.\n*   **Council officers** – authorised to seize dogs, issue fines (infringement notices), and manage pounds.\n\n**Key requirements:**\n\n*   **Registration:** All dogs kept for 3+ months must be registered and microchipped. The Council can refuse registration if the dog or owner has a bad history (multiple offences, impoundments, or aggressive behaviour).\n*   **Licences:** If you want to keep more dogs than the Council allows, you need a premises licence.\n*   **Control:** Dogs must be \"properly contained\" at home (fenced or enclosed). In public, they must be \"under effective control\" (leashed, in a vehicle, or in a designated dog exercise area).\n*   **Dangerous dogs:** Special rules apply – secure containment, warning signs, muzzling and leashing in public, and immediate reporting of attacks or escapes.\n*   **Prohibited behaviours:** It is an offence for dogs to be \"at large\" (roaming freely), attack or menace people/animals, chase vehicles, cause nuisance (excessive barking), or be abandoned.\n*   **Enforcement:** Council officers can seize stray, unregistered, or dangerous dogs. Dogs may be impounded, and owners must pay fees to reclaim them. After 72 hours, unclaimed dogs may be destroyed or rehomed.\n*   **Fines:** Most offences carry a maximum penalty of 20 penalty units, but many can be dealt with via infringement notices (on-the-spot fines) ranging from 1 to 6 penalty units depending on severity.\n\n**Why it matters:**\n\nThese by-laws balance responsible pet ownership with community safety. They give the Council tools to manage problematic dogs (including destruction orders for attackers), protect the public from dangerous animals, and ensure dogs don't become neighbourhood nuisances. The rules are strict for dangerous dogs but include exemptions for assistance dogs and working dogs in specific circumstances."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This instrument principally consolidates and restates local dog-management rules for the Litchfield Council and repeals the former by-laws (by-law 49). Transitional clauses carry existing microchipped registrations forward (by-law 50) and preserve that prior offences are dealt with under previous by-laws for conduct before commencement (by-law 51). It does not materially expand the scope beyond usual local government dog-control functions (registration, licensing, area declarations, seizure/impounding, infringement scheme), although it formalises mandatory microchipping as a condition for registration (by-law 8(4)) and sets precise administrative timeframes and processes; those are narrower technical changes rather than a significant expansion of subject‑matter jurisdiction."},"complexity_factors":["About 30 defined terms in the interpretation section (by-law 2) which frame multiple provisions","Several 14‑day administrative timeframes for Council decisions on registration and licences (by-laws 8, 14) create tight procedural steps","Multiple strict liability offences with reasonable‑excuse or narrow defences across Part 2 (see by-laws 9, 10, 11, 12, 15, 24–31)","Cross-references to external Acts and instruments (Local Government Act appointment powers, Criminal Code Part IIAA for criminal responsibility, Fines and Penalties (Recovery) Act for enforcement) (by-laws 5, 39–40)","Schedule mapping many by-laws to penalty‑unit amounts (Part 3 and Schedule) requiring reconciliation with current penalty unit value","Discretionary powers and conditional mechanisms (Council 'may' or 'must' in different contexts) scattered through the instrument (by-laws 8, 14, 17, 19, 22–23, 32, 37)","Nested exceptions and specific procedural protections (assistance dog exemptions, public consultation for area declarations, transitional provisions) (by-laws 7, 22–23, 50–51)"],"plain_english_summary":"**What this instrument does (mechanics)\n\n- Creates a local set of rules for managing dogs across the Litchfield Council area (the Council) and gives the Council, its CEO and authorised officers powers to administer those rules (see by-laws 2, 3, 5, 32).  \n- Requires dog registration (if kept in the Council area for 3 months or more) and allows the Council to impose conditions on registration; the Council must decide registration applications within 14 days (by-laws 8, 9).  \n- Makes microchipping mandatory for registration (Council must refuse to register a dog not implanted with a microchip) (by-law 8(4)).  \n- Allows the Council to set limits on how many dogs may be kept without a licence, and to require licences for premises that keep larger numbers or certain classes of dogs; licence applications must also be decided within 14 days (by-laws 13–14).  \n- Enables the Council or authorised officers to declare dog exercise areas (where dogs may be walked under stated conditions) and dog restriction areas (where dogs may be prohibited or limited); the Council must give public notice and consider submissions before making such declarations (by-laws 22–23).  \n- Provides a range of offences tied to dog behaviour and care: containment, being at large, menacing or attacking people or animals, chasing vehicles, creating a nuisance, abandoning dogs, giving misleading information or obstructing officers (by-laws 24–31, 45–46). Many of these are strict liability offences (i.e. the prosecution does not have to prove intent) (see individual by-laws).  \n- Creates an infringement (on-the-spot fine) scheme for specified offences and sets prescribed amounts in the Schedule; the schedule links particular by-laws to penalty-unit amounts and the infringement process is handled under the Fines and Penalties (Recovery) Act framework (Part 3 and Schedule).  \n- Gives powers to seize, impound, treat, rehome or destroy dogs in certain circumstances, sets processes for notification and release from pounds, and makes owners liable for reasonable treatment costs where a dog is diseased (by-laws 32–37).  \n- Sets out a process for declaring and registering dangerous dogs, and imposes extra conditions on owners of dangerous dogs (warning signage, containment, muzzling and supervision when off premises, notification obligations) (by-laws 19–21).  \n- Preserves transitional arrangements and repeals prior Litchfield dog by-laws (by-laws 49–51).\n\nWho decides and who enforces it\n\n- Decisions: the Council makes policy choices and determinations (for example, maximum numbers of dogs per premises, designation of areas, and conditions on registrations/licences) (by-laws 8, 13, 22–23). The CEO administers registers and notifications (by-law 3) and authorised persons (appointed under the Local Government Act) carry out enforcement including seizures and declarations of dangerous dogs (by-laws 2, 19, 32).  \n- Enforcement: authorised persons and Council officers issue infringement notices, seize and impound dogs, recommend destruction where humane and authorised, and recover costs (Parts 2 and 3, by-laws 32, 35–37, Part 3). Courts also retain criminal jurisdiction and can order costs or destruction in prosecutions for attacks/menacing (by-laws 27–28).\n\nWho pays (direct costs and financial incentives)\n\n- Dog owners primarily bear costs: registration fees, licence fees for premises, release and impounding fees, veterinary/treatment costs imposed by the Council (by-laws 8, 14, 35, 36(8), 48).  \n- Persons who breach rules may pay prescribed infringement amounts (Schedule to by-law 38) or face court penalties up to the maximums stated (commonly up to 20 penalty units for many offences).  \n- The Council may recover costs for removal/disposal of animal remains from owners (by-law 44).\n\nWhat behaviour the by-laws change (concrete incentives and obligations)\n\n- Register and microchip dogs (or risk fines and inability to reclaim from pound) (by-laws 8, 9, 35).  \n- Keep dogs properly contained and under effective control when off-premises; avoid taking dogs into restriction areas (by-laws 24–25, 23).  \n- Comply with dangerous-dog conditions if a dog is declared dangerous (by-law 21).  \n- Obtain licences for premises if the Council has capped the number of dogs permitted without a licence (by-laws 13–14).  \n- Cooperate with authorised officers (avoid obstructing or providing misleading information) (by-laws 45–46).\n\nOfficial stated purpose and how it trades off costs, incentives and risks\n\n- The instrument is presented as standard local regulation to protect public safety and animal welfare by: (a) encouraging identification (microchipping) and registration; (b) giving Council tools to limit, control and respond to dangerous or nuisance dogs; and (c) providing an on-the-spot penalty regime (Parts 2–3). Those are claims the instrument makes via its rules (see by-laws 8, 19–21, Part 3).\n\n- Costs and incentives: owners face out-of-pocket costs (registration, microchipping, licences, release fees, possible treatment costs) and enforcement risk (infringements, court penalties, possible destruction of a dog after certain breaches). These create an incentive for registration, containment and compliance with conditions. The Schedule ties lower-level breaches to relatively small monetary penalties (1–6 penalty units) while more serious conduct (attacks) risks larger penalties and court-ordered destruction (Schedule and by-laws 27–28).  \n\n- Discretion and administrative burden: the Council and authorised officers have significant discretionary power (for example, to declare areas, refuse or condition registration or licences, impose additional conditions on dangerous dogs and to seize/destroy dogs) (by-laws 8, 14, 17, 19, 32, 37). This discretion reduces predictability for owners and concentrates decision power at the local level. Registers and notice processes (by-laws 3, 34) impose record-keeping duties on the CEO and potentially compliance tasks for owners (change-of-address, change-of-ownership notices under by-laws 11–12).\n\n- Compliance risk and trade-offs: strict liability for many offences lowers the Council's enforcement burden (no need to prove intent) but increases owners' legal exposure for unintentional breaches; several by-laws preserve reasonable-excuse defences (e.g. change-of-address, some offence defences). Powers to impound and, after 72 hours, destroy or rehome dogs (by-law 37) reduce the cost of long-term holding for the Council but shift final loss risk to owners.\n\nLimited exemptions and protections\n\n- Assistance dogs trained by recognised institutions are generally exempt from some area restrictions (by-law 7).  \n- The Council must publish intent and consider public submissions before declaring exercise or restriction areas (by-laws 22–23), providing a procedural protection for affected residents.\n\nPractical implementation risks\n\n- Reliance on Council processes (14‑day decision windows) and authorised-person judgments will determine how consistently the rules are applied; inconsistent application or limited resources could create backlogs or uneven enforcement.  \n- Microchipping as a mandatory gate for registration (by-law 8(4)) shifts upfront cost and compliance tasks to owners and requires reliable microchip data and matching processes at the pound/CEO level.\n\nKey sections to read for action points\n\n- Registration and microchip requirement: by-law 8.  \n- Licensing of premises and maximum dog numbers: by-laws 13–14.  \n- Dangerous-dog regime (conditions and notification): by-laws 19–21.  \n- Seizure, impounding, treatment, and disposal: by-laws 32–37.  \n- Infringement notices and prescribed amounts: Part 3 and the Schedule.  \n\nOverall takeaway\n\nThis is a comprehensive local dog-management code that sets registration and microchipping obligations, gives the Council and authorised officers enforcement tools (including seizure and destruction in defined circumstances), establishes a licence regime for premises keeping multiple dogs, and uses an infringement scheme to handle lower-level breaches. Owners pay most compliance costs and face both administrative penalties (infringements) and criminal penalties for serious breaches; the Council exercises substantial discretion in administering the scheme (see by-laws cited above)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the by-laws appear to remain focused on their stated purpose of dog management within the Litchfield Council area. There is no evidence from the provided excerpt that the scope has expanded beyond what the title suggests. The involvement of the NT Electoral Commission in Chapter 8 may relate to internal council governance matters, which would be a standard ancillary provision rather than a scope change."},"complexity_factors":["Local government by-laws are generally straightforward and narrowly focused on a specific subject matter (dog management)","Limited metadata provided — the actual substantive provisions of the by-laws are not included in the excerpt, making full analysis impossible","The split administration between two agencies (Department of Housing, Local Government and Community Development for most chapters, and the NT Electoral Commission for Chapter 8) is an unusual structural quirk that adds a minor layer of complexity","Applies only within a specific geographic jurisdiction (Litchfield Council area), limiting its reach and reducing interpretive complexity","By-laws of this type typically involve straightforward rules with defined penalties — no complex cross-referencing or multi-layered legal structures expected"],"plain_english_summary":"The Litchfield Council Dog Management By‑Laws 2017 set local rules for keeping and controlling dogs within the Litchfield Council area. They affect dog owners, residents, visitors and businesses in that rural/semi‑rural region and establish legal obligations (e.g., registration, control, and restrictions) and penalties for breaches.\n\nEnforcement is mainly by the Department of Housing, Local Government and Community Development, with Chapter 8 administered by the Northern Territory Electoral Commission, so compliance matters to avoid fines or other action."}},"importantCases":[],"_links":{"self":"/api/acts/litchfield-council-dog-management-by-laws-2017","history":"/api/acts/litchfield-council-dog-management-by-laws-2017/history","analysis":"/api/acts/litchfield-council-dog-management-by-laws-2017/analysis","conflicts":"/api/acts/litchfield-council-dog-management-by-laws-2017/conflicts","importantCases":"/api/acts/litchfield-council-dog-management-by-laws-2017/important-cases","documents":"/api/acts/litchfield-council-dog-management-by-laws-2017/documents"}}