{"id":"wagait-shire-council-dog-management-by-laws-2019","name":"WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019","slug":"wagait-shire-council-dog-management-by-laws-2019","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179204,"registerId":"nt-wagait-shire-council-dog-management-by-laws-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019","content":"NORTHERN TERRITORY OF AUSTRALIA\nWAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019\nAs in force at 20 November 2019\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Registers ......................................................................................... 3\n5 Publishing determinations and resolutions ...................................... 4\n6 Matters of evidence ......................................................................... 4\n7 Application of Criminal Code ........................................................... 4\nPart 2 Control of dogs\nDivision 1 Preliminary matters\n8 General exemption for assistance dog ............................................ 5\nDivision 2 Registration of dogs\n9 Applications for registration ............................................................. 5\n10 Identification device ......................................................................... 6\n11 Unregistered dog ............................................................................. 7\n12 Failure to comply with a condition of registration ............................. 7\n13 Change of ownership ....................................................................... 8\n14 Change of address .......................................................................... 8\nDivision 3 Licensing of premises\n15 Requirement for licence ................................................................... 8\n16 Licensing of premises ...................................................................... 9\n17 Failure to comply with a condition of licence.................................. 10\nDivision 4 Cancellation, variation or suspension of\nregistration or licence\n18 Cancellation, variation or suspension of registration or licence\non request...................................................................................... 11\n19 Cancellation, variation or suspension of registration or licence\nfor cause ........................................................................................ 11\n20 Operation of notice of cancellation ................................................ 12\n\nWagait Shire Council (Dog Management) By-laws 2019 ii\nDivision 5 Dangerous dogs\n21 Dangerous dog .............................................................................. 12\n22 Revocation of declaration .............................................................. 12\n23 Duties of owner of dangerous dog ................................................. 12\n24 Breaching conditions for dangerous dog ....................................... 14\nDivision 6 Dog exercise areas and dog restriction areas\n25 Dog exercise areas ........................................................................ 14\n26 Dog restriction areas ..................................................................... 15\nDivision 7 Offences\n27 Proper containment of dog ............................................................ 16\n28 Removal of identification device .................................................... 16\n29 Dog in public place without identification device ............................ 16\n30 Putting identification device on wrong dog..................................... 17\n31 Dog at large ................................................................................... 17\n32 Causing owner to commit offence ................................................. 18\n33 Menacing dog ................................................................................ 18\n34 Dog attacks.................................................................................... 19\n35 Dog chasing vehicles or horses ..................................................... 20\n36 Dog causing nuisance ................................................................... 20\n37 Abandoning dog ............................................................................ 21\nDivision 8 Enforcement\n38 Seizure of dog ............................................................................... 21\nDivision 9 Pounds\n39 Pound ............................................................................................ 22\n40 Notice of impounding ..................................................................... 22\n41 Release of dog from pound ........................................................... 22\n42 Diseased dog................................................................................. 23\n43 Disposal or destruction of impounded dog..................................... 24\nPart 3 Infringement notice offences\n44 Infringement notice offence and prescribed amount payable ........ 24\n45 When infringement notice may be given ........................................ 25\n46 Contents of infringement notice ..................................................... 25\n47 Electronic payment and payment by cheque ................................. 26\n48 Withdrawal of infringement notice.................................................. 26\n49 Application of Part ......................................................................... 26\n\nWagait Shire Council (Dog Management) By-laws 2019 iii\nPart 4 Miscellaneous matters\n50 Removal or disposal of animal remains ......................................... 26\n51 Obstruction offence ....................................................................... 27\n52 Misleading information ................................................................... 27\n53 Exemption for events ..................................................................... 28\n54 Council may charge fee for service ............................................... 29\nSchedule Infringement notice offences and\nprescribed amounts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2019\n____________________\nWAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019\nRegulations under the Local Government Act 2008\nPart 1 Preliminary matters\n1 Citation\nThese By-laws may be cited as the Wagait Shire Council (Dog\nManagement) By-laws 2019.\n2 Commencement\nThese By-laws commence on the day on which they are notified in\nthe Gazette.\n3 Definitions\nIn these By-laws:\nabandon, in relation to a dog, means:\n(a) deliberately leaving the dog at a place without an intention to\nreturn to collect the dog or to provide care for it; and\n(b) failing to obtain the release of the dog from a pound.\nanimal means a dog, cat, bird, reptile or other animal that is kept in\nthe Council area.\napproved means approved by the Council.\nattack, by a dog, means the dog behaviour prohibited by\nby-law 34(1) and (2)\nauthorised person means a person appointed under\nsection 112(1) of the Act to be an authorised person.\nCEO means the Chief Executive Officer of the Council.\nCouncil means the Wagait Shire Council.\n\nPart 1 Preliminary matters\nWagait Shire Council (Dog Management) By-laws 2019 2\nCouncil area means the Wagait Shire Council area.\ndangerous dog means a dog declared under by-law 21 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 25 to be\na dog exercise area.\ndog restriction area means an area declared under by-law 26 to\nbe a dog restriction area.\ndog-tag means a dog-tag issued under by-law 10(1).\nidentification device means a dog-tag or microchip that complies\nwith by-law 10.\ninfringement notice, see by-law 45.\ninfringement notice offence, see by-law 44(1).\nlicence means a licence granted or renewed under these By-laws\nfor the keeping of dogs on the premises in respect of which the\nlicence is granted.\nmenace, in relation to the actions of a dog, means an action that\ncreates a reasonable apprehension in a person that:\n(a) the dog is likely to attack a person or an animal; or\n(b) the dog is likely to escape, or be released from, restraint and\nattack a person or an animal.\nmicrochip means a digital device that can be implanted in a dog.\nofficer means any of the following:\n(a) an authorised person;\n(b) an officer or employee of the Council.\nowner, in relation to a dog, means:\n(a) the registered owner of the dog;\n(b) the person for the time being in control of the dog, other than a\nperson controlling or keeping a dog under Division 8 or 9;\n\nPart 1 Preliminary matters\nWagait Shire Council (Dog Management) By-laws 2019 3\n(c) the occupier of premises, or a part of premises, where the dog\nis usually kept; and\n(d) if the owner is under the age of 17 years, a parent or guardian\nof the owner.\npound means a pound established by by-law 39.\npremises includes:\n(a) a building; and\n(b) land, whether built on or not.\nprescribed amount, see by-law 44(2).\nproperly contained, in relation to a dog, means the dog is kept in\naccordance with by-law 27(1).\nregister means a register kept under by-law 4.\nregistered, in relation to a dog, means registered under by-law 9.\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, including a bicycle, tricycle,\nmotor vehicle, wheelchair or mobility device.\nveterinarian means a registered veterinarian as defined in\nsection 3(1) of the Veterinarians Act 1994.\nNote for by-law 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to these by-laws.\n4 Registers\n(1) The CEO must keep registers as determined by the Council.\n(2) A register may be kept in any form, including electronic form.\n(3) A register must include details about the following:\n(a) all dogs registered by the Council;\n(b) all licences granted by the Council;\n\nPart 1 Preliminary matters\nWagait Shire Council (Dog Management) By-laws 2019 4\n(c) all offences against these By-laws for which an owner of a\ndog:\n(i) was found guilty by a court; or\n(ii) has paid the prescribed amount under an infringement\nnotice.\n5 Publishing determinations and resolutions\nA resolution or determination of the Council made under these By-\nlaws is to be published on the Council's website.\n6 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 details\ncontained in a register, including the following, is evidence of those\ndetails without requiring the production of the register, unless a\ncourt 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 was granted in relation to premises;\n(c) whether a registration was made in relation a dog.\n7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against these\nBy-laws.\nNote for by-law 7\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.\n\nPart 2 Control of dogs\nDivision 2 Registration of dogs\nWagait Shire Council (Dog Management) By-laws 2019 5\nPart 2 Control of dogs\nDivision 1 Preliminary matters\n8 General exemption for assistance dog\n(1) By-laws 11, 12 and 26 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\n9 Applications for registration\n(1) The owner of a dog that is kept within the Council area must apply\nto the Council for registration of the dog.\n(2) An application for the registration of a dog must include the\napplication fee.\n(3) The Council must, within 14 days after receiving an application for\nthe registration of a dog:\n(a) register the dog, either conditionally or unconditionally; or\n(b) refuse to register the dog and refund the application fee to the\napplicant.\n(4) The Council may refuse to register a dog if:\n(a) within the 12 months before the date of the application the\nowner of the dog was found guilty by a court of more than\n2 offences against these By-laws; or\n\nPart 2 Control of dogs\nDivision 2 Registration of dogs\nWagait Shire Council (Dog Management) By-laws 2019 6\n(b) the dog is a dangerous dog and the CEO believes on\nreasonable grounds that, within 12 months before the date of\nthe application, the owner of the dog contravened by-law 23(1)\nmore than once; or\n(c) within 12 months before the date of the application the dog\nwas impounded under these By-laws on more than\n2 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 to be usually kept are not\nsecured to a degree that is satisfactory to the Council.\n(5) The Council must refuse to register a dog if:\n(a) keeping the dog on the premises on which the dog is to be\nusually kept would contravene by-law 15; or\n(b) the dog is to be kept on premises within a dog restriction area\nand is not a dog exempted by-law 26(7).\n(6) 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(7) For clause (4)(a), a reference to a finding of guilt for an offence\nincludes the payment of a prescribed amount under an infringement\nnotice given to the person under these By-laws.\n(8) The registration of a dog expires after 12 months and may be\nrenewed annually as determined by Council.\n10 Identification device\n(1) If the Council registers a dog under these By-laws, the Council\nmust issue a dog-tag for the dog to the person who made the\napplication.\n(2) In addition to a dog-tag, the Council may require the dog to be\nimplanted with a microchip in the manner approved by the CEO.\n(3) The microchip must:\n(a) comply with the following Australian Standards:\n(i) AS 5018 – 2001 Electronic Animal Identification –\nNational coding scheme;\n\nPart 2 Control of dogs\nDivision 2 Registration of dogs\nWagait Shire Council (Dog Management) By-laws 2019 7\n(ii) AS 5019 – 2001 Electronic Animal Identification –\nRadiofrequency methods; and\n(b) be designed to store information in a way that can be retrieved\nelectronically without physical contact.\n(3) The registered owner, unless exempted by the CEO, must ensure\nthat, while the registration of the dog remains in force:\n(a) the dog-tag is fixed to a collar on the dog; and\n(b) the dog-tag remains displayed on a collar on the dog.\n11 Unregistered dog\n(1) A person commits an offence if the person keeps an unregistered\ndog in the Council area for a continuous period of 3 months or\nlonger.\nMaximum penalty: 20 penalty units.\n(2) An offence against clause (1) is an offence of strict liability.\n(3) The following persons are exempt from clause (1):\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 and refuges for dogs; or\n(c) a veterinarian keeping a dog for the purposes of treatment.\n12 Failure to comply with a condition of registration\n(1) A registered owner of a dog commits an offence if:\n(a) the dog's registration is subject to a condition; and\n(b) the owner contravenes the condition.\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.\n\nPart 2 Control of dogs\nDivision 3 Licensing of premises\nWagait Shire Council (Dog Management) By-laws 2019 8\n13 Change of ownership\n(1) The registered owner of a dog who transfers the dog to a new\nowner must, within 14 days after the transfer, notify the CEO of:\n(a) the registered owner's name and address; and\n(b) the registration number of the dog; and\n(c) the name and address of the new owner of the dog.\n(2) A person who contravenes clause (1) commits an offence.\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(5) The CEO must, on being notified of a change of ownership under\nclause (1), amend the register accordingly.\n14 Change of address\n(1) The registered owner of a dog who changes the owner's address\nmust, within 14 days after the change, notify the CEO of the new\naddress.\n(2) A person who contravenes clause (1) commits an offence.\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(5) The CEO must, on being notified of a change of address under\nclause (1), amend the register accordingly.\nDivision 3 Licensing of premises\n15 Requirement for licence\n(1) The Council may determine the maximum number of dogs, or dogs\nof a class of dog, that may be kept on premises in the Council area\nwithout a licence.\n\nPart 2 Control of dogs\nDivision 3 Licensing of premises\nWagait Shire Council (Dog Management) By-laws 2019 9\n(2) An occupier of premises commits an offence if the occupier:\n(a) keeps more dogs, or dogs of a class of dogs, on the premises\nthan the maximum determined under clause (1); and\n(b) does not have a licence permitting that number of dogs on the\npremises.\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 dogs of a class of\ndogs, were not usually kept on the premises:\n(i) during the 3 months immediately before the date of the\nalleged offence; or\n(ii) for periods totalling 3 months or more during the\n6 months immediately before the date of the alleged\noffence.\n16 Licensing of premises\n(1) An occupier of premises who wants to keep more dogs on the\npremises than the maximum number determined under\nby-law 15(1) may apply to the Council for a licence.\n(2) An application for the registration of a dog must include the\napplication fee.\n(3) The Council must, within 14 days after receiving an application for a\nlicence:\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\nthe application fee to the applicant.\n(4) In considering an application, the Council may take into account\nany matter that it considers relevant, including the following:\n(a) the facilities for controlling dogs on the premises specified in\nthe application;\n(b) the number of dogs kept or to be kept on the premises;\n\nPart 2 Control of dogs\nDivision 3 Licensing of premises\nWagait Shire Council (Dog Management) By-laws 2019 10\n(c) the likely impact on residents near the premises if the licence\nis granted.\n(5) 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(6) The Council may renew a licence without considering the\napplication in the manner specified in clauses (4) and (5) if, to the\nCouncil's knowledge, no matters have arisen that, if taken into\naccount at the time the licence was granted, would have caused the\nCouncil to refuse to grant the licence or to grant the licence subject\nto conditions other than those specified in the licence.\n(7) The Council must give the applicant a statement in writing of the\nreasons for its decision if the Council:\n(a) refuses to grant a licence; or\n(b) grants a licence subject to conditions; or\n(c) renews a licence subject to conditions not imposed on the\noriginal licence.\n(8) A licence for premises expires after 12 months and may be\nrenewed annually as determined by the Council.\n17 Failure to comply with a condition of licence\n(1) An occupier of premises commits an offence if:\n(a) a licence is granted, subject to a condition, in respect of the\npremises; and\n(b) the occupier contravenes a condition of the licence.\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.\n\nPart 2 Control of dogs\nDivision 4 Cancellation, variation or suspension of registration or licence\nWagait Shire Council (Dog Management) By-laws 2019 11\nDivision 4 Cancellation, variation or suspension of\nregistration or licence\n18 Cancellation, variation or suspension of registration or licence\non request\nThe Council may, on the written request of the registered owner of\na dog or the holder of a licence, by written notice given to the\nregistered owner or holder:\n(a) cancel the registration of the dog; or\n(b) cancel the licence or suspend it for the period specified in the\nnotice; or\n(c) vary the conditions to which the registration of the dog or the\nlicence is subject.\n19 Cancellation, variation or suspension of registration or licence\nfor cause\n(1) If the Council believes on reasonable grounds that it is in the public\ninterest to take any action mentioned in by-law 18(a) to (c) in\nrelation to a dog or a licence, it may give the registered owner of\nthe dog or the holder of the licence a written notice:\n(a) specifying the proposed action and the reason it is believed to\nbe in the public interest; and\n(b) inviting the licensee to show cause, in writing and within\n14 days from the date the notice is given, why the proposed\naction should not be taken.\n(2) After considering any response received within 14 days of the date\nof the notice, the Council may:\n(a) take no action; or\n(b) cancel the registration of the dog; or\n(c) cancel the licence or suspend it for the period specified in the\nnotice; or\n(d) vary the conditions to which the registration of the dog or the\nlicence is subject.\n(3) The Council must, by written notice, notify the registered owner or\nthe holder of the licence of its decision.\n\nPart 2 Control of dogs\nDivision 5 Dangerous dogs\nWagait Shire Council (Dog Management) By-laws 2019 12\n20 Operation of notice of cancellation\nA notice given by the Council under by-law 18 or 19(3) takes effect\non the expiry of 14 days after the notice is given.\nDivision 5 Dangerous dogs\n21 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 an animal; or\n(b) the dog menaces a person or an 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) The Council must give written notice of any declaration under\nclause (1) to the owner of the dog.\n22 Revocation of declaration\n(1) The owner of a dangerous dog may apply to the Council to revoke\nthe declaration.\n(2) The Council may:\n(a) revoke the declaration; or\n(b) refuse to revoke the declaration.\n(3) The Council must give written notice of its 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 under clause (1), the CEO is\nnot required to consider any further application in relation to the\nsame dog within 6 months of the refusal.\n23 Duties of owner of dangerous dog\n(1) When properly containing the dog as required under by-law 27(1),\nthe owner of a dangerous dog must ensure that the containment is\nappropriate to the danger posed by the dog.\n\nPart 2 Control of dogs\nDivision 5 Dangerous dogs\nWagait Shire Council (Dog Management) By-laws 2019 13\n(2) The owner of a dangerous dog must:\n(a) 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(b) 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(c) if the owner intends to keep the dog, for more than 14 days, at\na place other than the premises where the dog is usually\nkept – notify the Council of the address of the place within\n24 hours after the dog is relocated.\n(3) If a dangerous dog attacks, or is alleged to have attacked, a person\nor an animal, the owner of the dog must notify the Council of the\nattack, or alleged attack, within 24 hours of the earlier of:\n(a) the time of the attack, or alleged attack; or\n(b) the time the owner is made aware of the attack, or alleged\nattack.\n(4) The owner of a dangerous dog must notify the Council:\n(a) if the dog is missing – within 24 hours after the owner\nbecomes aware the dog is missing; and\n(b) if the dog dies – within 14 days after its death.\n(5) The owner of a dangerous dog must:\n(a) inform any prospective purchaser or owner of the dog that it is\na dangerous 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(6) The requirements of clauses (1) to (5) are conditions on the\nregistration of a dangerous dog.\n\nPart 2 Control of dogs\nDivision 6 Dog exercise areas and dog restriction areas\nWagait Shire Council (Dog Management) By-laws 2019 14\n(7) The owner of a dangerous dog must also comply with any other\ncondition imposed by the Council on the registration of the dog.\n24 Breaching conditions for dangerous dog\n(1) If the owner of a dangerous dog contravenes by-law 23(1) to (5)\nmore than once in a 12 month period, the Council may, by written\nnotice given to the owner of the dog, require the owner to show\ncause, within 14 days, why the Council should not cancel the\nregistration of the dog.\n(2) After considering any response received within 14 days of the date\nof the notice, the Council may:\n(a) cancel the registration of the dog; or\n(b) impose additional conditions on the registration of the dog.\n(3) The Council must, by written notice, notify the registered owner of\nits decision.\nDivision 6 Dog exercise areas and dog restriction areas\n25 Dog exercise areas\n(1) The Council may, by resolution, declare an area within the Council\narea to be a dog exercise area.\n(2) The resolution must specify:\n(a) the times when a dog may be exercised in the area; and\n(b) any other conditions that apply to the exercising of a dog in\nthe area.\nExample for clause (2)(b)\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(3) At least 28 days before making the declaration, the Council must\npublish, on its website and in a newspaper circulating in the Council\narea, a notice of its intention to declare a dog exercise area.\n(4) Before making the declaration, the Council must consider any\nresponses to the notice from members of the public who reside in\nthe Council area.\n\nPart 2 Control of dogs\nDivision 6 Dog exercise areas and dog restriction areas\nWagait Shire Council (Dog Management) By-laws 2019 15\n26 Dog restriction areas\n(1) The Council may, by resolution, declare an area within the Council\narea to be a dog restriction area.\n(2) The Council may, in the resolution, prohibit:\n(a) keeping any of the following in the dog restriction area:\n(i) all dogs;\n(ii) more than a specified number of dogs;\n(iii) all or more than a specified number of dogs of a\nspecified class; and\n(b) taking a dog into the dog restriction area.\n(3) At least 28 days before making the declaration, the Council must\npublish, on its website and in a newspaper circulating in the Council\narea, a notice of its intention to declare a dog restriction area.\n(4) Before making the declaration, the Council must consider any\nresponses to the notice from members of the public who reside in\nthe Council 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(7) A dog is exempt from clause (5) if the defendant establishes that:\n(a) the dog is owned by the defendant; and\n(b) the dog is registered; and\n(c) the dog was usually kept at premises in the dog restriction\narea immediately before the date of the declaration of the dog\nrestriction area.\n(8) A person commits an offence if the person takes a dog into a dog\nrestriction area where taking the dog is prohibited.\nMaximum penalty: 20 penalty units.\n(9) An offence against clause (8) is an offence of strict liability.\n\nPart 2 Control of dogs\nDivision 7 Offences\nWagait Shire Council (Dog Management) By-laws 2019 16\n(10) It is a defence to a prosecution for an offence against clauses (5)\nand (8) if the person has a reasonable excuse.\nDivision 7 Offences\n27 Proper containment of dog\n(1) The owner of a dog must properly contain the dog, when it is on the\npremises where the dog is usually kept, as follows:\n(a) keep the dog within a fenced area from which the dog is\nunable to escape;\n(b) keep the dog inside a building or other enclosure from which\nthe dog is unable to escape;\n(c) confine or restrain the dog in an appropriate manner.\n(2) 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(3) An offence against clause (2) is an offence of strict liability.\n(4) To avoid doubt, the following matters are not relevant to an offence\nagainst clause (2):\n(a) the time during which the dog was not properly contained;\n(b) the ability of the owner to contain the dog.\n28 Removal of identification device\n(1) A person who removes an identification device from a dog commits\nan offence.\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.\n29 Dog in public place without identification device\n(1) An owner of a registered dog who permits the dog to be in a public\nplace without an identification device commits an offence.\nMaximum penalty: 20 penalty units.\n\nPart 2 Control of dogs\nDivision 7 Offences\nWagait Shire Council (Dog Management) By-laws 2019 17\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:\n(a) the identification device was removed from the dog without the\nowner's permission; and\n(b) the owner did not have a reasonable opportunity to replace\nthe identification, or had a reasonable excuse not to replace it,\nbefore the alleged offence.\n30 Putting identification device on wrong dog\n(1) A person must not affix to a dog's collar, or implant in a dog, an\nidentification device for any dog other than the dog for which the\ndevice was issued.\n(2) A person commits an offence if the person contravenes clause (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.\n31 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, caused the dog to become at large.\n(4) In this by-law:\nat large, in relation to a dog, means:\n(a) the dog is in an outdoor place other than the premises where\nthe dog is usually kept; and\n(b) the dog is not under effective control.\n\nPart 2 Control of dogs\nDivision 7 Offences\nWagait Shire Council (Dog Management) By-laws 2019 18\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, or in or on the back of a flat-topped,\ntray-backed or well-bodied vehicle, in such a manner that no\npart of the dog is projecting from the vehicle; or\n(c) in a dog exercise area in compliance with any conditions\napplicable to the area.\n32 Causing owner to commit offence\nA person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct causes the owner of a dog to commit an offence\nagainst these By-laws; and\n(c) the person is reckless in relation to that result.\nMaximum penalty: 20 penalty units.\n33 Menacing dog\n(1) An owner of a dog must ensure that the dog does not menace a\nperson or an 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,\ncaused the dog to menace the person or animal;\n(b) if an animal was menaced – the animal was menaced on\npremises owned or occupied by the defendant;\n\nPart 2 Control of dogs\nDivision 7 Offences\nWagait Shire Council (Dog Management) By-laws 2019 19\n(c) if a person was menaced – the person created a reasonable\napprehension that the person was trespassing on premises\nowned or occupied by the defendant.\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.\n34 Dog attacks\n(1) An owner of a dog must ensure that the dog does not bite a person\nor an 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 owner of a dog must ensure that the dog does not:\n(a) rush at, chase or menace a person or another animal; and\n(b) make contact with the person or animal, the person's clothing\nor any property in the immediate possession or under the\nimmediate control of the person.\n(4) An owner of a dog commits an offence if the owner contravenes\nclause (3).\nMaximum penalty: 20 penalty units.\n(5) An offence against clause (2) or (4) is an offence of strict liability.\n(6) It is a defence to a prosecution for an offence against clause (2)\nor (4) if the defendant establishes any of the following:\n(a) another person had, without the defendant's permission,\ncaused the dog to attack the person or animal;\n(b) the person or animal was attacked on premises owned or\noccupied by the defendant;\n(c) if a person was attacked – the person created a reasonable\napprehension that the person was trespassing.\n\nPart 2 Control of dogs\nDivision 7 Offences\nWagait Shire Council (Dog Management) By-laws 2019 20\n(7) If a court finds a person guilty of an offence against clause (2)\nor (4), the court 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.\n35 Dog chasing vehicles or horses\n(1) An owner of a dog must ensure the dog does not chase:\n(a) a vehicle; or\n(b) a horse, whether ridden or not.\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, caused the dog to chase the vehicle or\nhorse.\n36 Dog causing nuisance\n(1) An owner of a dog must ensure that the dog, either by itself or with\nother 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(5) For this by-law, a dog is a nuisance if it:\n(a) is injurious or dangerous to the health of the community or an\nindividual; or\n\nPart 2 Control of dogs\nDivision 8 Enforcement\nWagait Shire Council (Dog Management) By-laws 2019 21\n(b) behaves repeatedly in a manner contrary to the general\ninterest of the community or an individual.\n(6) Without limiting clause (5), a dog is taken to be a nuisance if it:\n(a) creates a noise, by barking or otherwise, that persistently\noccurs or continues to a degree or extent that disturbs the\nreasonable mental, physical or social well-being of a person;\nor\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 nuisance mentioned in clause (6)(c) if the owner\nimmediately removes the faeces and disposes of them in a public\ngarbage receptacle or on the owner's own property.\n37 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\n38 Seizure of dog\n(1) An authorised person may seize:\n(a) a dog that appears to be diseased, injured, savage,\ndestructive, stray or unregistered; or\n(b) a dog that an authorised person believes on reasonable\ngrounds has attacked a person; or\n(c) a dog that is at large; or\n(d) a dangerous dog the owner of which has not complied with the\nconditions of the dog's registration.\n\nPart 2 Control of dogs\nDivision 9 Pounds\nWagait Shire Council (Dog Management) By-laws 2019 22\n(2) The authorised person must as soon as practicable:\n(a) deliver a seized dog to a pound; or\n(b) return a seized dog to its owner.\n(3) Despite clause (2), the authorised person may destroy a seized dog\nif:\n(a) the dog is diseased, injured, savage or destructive; and\n(b) the authorised person believes on reasonable grounds that it\nis necessary to destroy it.\nDivision 9 Pounds\n39 Pound\nThe Council may establish a pound.\n40 Notice of impounding\n(1) If an impounded dog has an identification device, the CEO must\nnotify the registered owner of the impounding.\n(2) If an impounded dog has a collar on which an address is displayed,\nthe CEO must give notice of the impounding to that address.\n(3) If an impounded dog has no identification device, the CEO is not\nobliged to notify the dog's owner of the impounding.\n41 Release of dog from pound\n(1) Subject to by-law 43(1), an impounded dog is not to be released\nfrom a pound unless:\n(a) it is registered; and\n(b) it is released to its registered owner or to a person authorised\nto act on behalf of the registered owner; and\n(c) subject to clause (4), the Council receives the appropriate\nrelease fees and any other amounts payable by the registered\nowner under an infringement notice given to the registered\nowner under these By-laws.\n(2) A person who is collecting a dog from a pound must satisfy a\ncouncil employee at the pound that the person is the registered\nowner of the dog, or is authorised to act on behalf of the registered\nowner.\n\nPart 2 Control of dogs\nDivision 9 Pounds\nWagait Shire Council (Dog Management) By-laws 2019 23\n(3) The Council may charge the registered owner a fee for delivering a\ndog released from a pound.\n(4) Any release fee or delivery fee that is not paid at the time the dog is\nreturned to its registered owner may be recovered as a debt due to\nthe Council.\n42 Diseased dog\n(1) An officer at the pound must notify the CEO if the officer notices or\nsuspects that an impounded dog is diseased.\n(2) The CEO must arrange for a dog to be isolated from other dogs in\nthe pound if:\n(a) the CEO is notified under clause (1) that the dog is, or is\nsuspected of being, diseased; or\n(b) the CEO receives advice from a veterinarian that the dog is, or\nis suspected of being, diseased.\n(3) The CEO must give the owner, if known, of a dog isolated under\nclause (2) written notice that:\n(a) the dog is, or is suspected of being, diseased; and\n(b) the dog must undergo a course of treatment specified in the\nnotice or be destroyed.\n(4) The CEO may, in the notice given under clause (3), require the\nowner of the dog to give the Council a report on the condition of the\ndog and any other dogs usually kept at the same premises.\n(5) The report must be prepared, within the time specified in the notice,\nby a veterinarian or other person specified in the notice.\n(6) A dog that is the subject of a notice under this by-law may be\nreleased from the pound in accordance with by-law 41 and subject\nto any conditions the Council considers appropriate.\n(7) An owner of a dog commits an offence if the owner:\n(a) fails to give a report required under clause (4); or\n(b) contravenes a condition imposed under clause (6).\nMaximum penalty: 20 penalty units.\n(8) An offence against clause (7) is an offence of strict liability.\n\nPart 3 Infringement notice offences\nWagait Shire Council (Dog Management) By-laws 2019 24\n(9) It is a defence to a prosecution for an offence against clause (7) if\nthe defendant has a reasonable excuse.\n(10) The cost of treatment reasonably provided by the Council to a\ndiseased dog, and to any other dog in the pound that was infected\nor was at risk of being infected by the diseased dog before the dog\ncould reasonably be isolated, is a debt payable by the owner of the\ndiseased dog to the Council.\n43 Disposal or destruction of impounded dog\n(1) 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(2) Subject to this by-law, the CEO may, after a dog is impounded for\n72 hours:\n(a) arrange for the destruction of the dog; or\n(b) transfer the property in the dog to an approved incorporated\nbody that provides services relating to animal welfare, and\ndispose of the dog as agent for that body.\n(3) If an infringement notice is issued to the owner of an impounded\ndog, the CEO must not destroy or dispose of the dog until at least\n14 days after any court proceedings relating to that infringement\nnotice are complete.\n(4) If an investigation is started in relation to an impounded dog, the\ndog must not be destroyed or disposed of until the investigation is\ncomplete.\nExample for clause (4)\nThe dog is alleged to have attacked a person or another animal.\n(5) A dog in a pound may only be destroyed:\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 approved by the Australian Veterinary\nAssociation.\nPart 3 Infringement notice offences\n44 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\nWagait Shire Council (Dog Management) By-laws 2019 25\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.\n45 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.\n46 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 and time of the infringement notice offence and the\nplace where the infringement notice offence occurred;\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.\n(3) Also the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in clause (2)(b).\n\nPart 4 Miscellaneous matters\nWagait Shire Council (Dog Management) By-laws 2019 26\n47 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.\n48 Withdrawal of infringement notice\n(1) The Council may withdraw an infringement notice by written notice\ngiven to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before the prescribed amount is paid.\n49 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 was 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(3) If more than one infringement notice for the same offence is given\nto a person, the person may expiate the offence by paying the\nprescribed amount in accordance with any of the notices.\nPart 4 Miscellaneous matters\n50 Removal or disposal of animal remains\n(1) The Council may arrange for the removal and disposal of the\nremains of a dead animal found in a public place.\n\nPart 4 Miscellaneous matters\nWagait Shire Council (Dog Management) By-laws 2019 27\n(2) The Council may recover expenses incurred in removing and\ndisposing of a dead animal from the owner of the animal, if known,\nas a debt due and payable to the Council.\n51 Obstruction offence\n(1) A person commits an offence if:\n(a) the person intentionally obstructs another person; and\n(b) the other person is:\n(i) an officer; or\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.\n52 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\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\nPart 4 Miscellaneous matters\nWagait Shire Council (Dog Management) By-laws 2019 28\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) It is a defence to a prosecution for an offence against clause (2) if\nthe 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.\n53 Exemption for events\n(1) The Council may, by written notice, exempt a person or body from\neither or both of by-laws 27 and 31:\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\nPart 4 Miscellaneous matters\nWagait Shire Council (Dog Management) By-laws 2019 29\n(d) for any other purpose or event as determined by the Council.\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.\n54 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).\n\nSchedule Infringement notice offences and prescribed amounts\nWagait Shire Council (Dog Management) By-laws 2019 30\nSchedule Infringement notice offences and prescribed\namounts\nby-law 44\nProvision Prescribed amount\nin penalty units\nby-laws 11(1), 12(1), 13(2), 14(2), 15(2), 26(5)\nand (8), 28(1), 29(1) and 31(1)\n1\nby-laws 17(1), 27(2), 30(2), 35(2), 36(2) and 37(1) 2\nby-law 33(2) 3\nby-law 34(2) and(4) 6\n\nENDNOTES\nWagait Shire Council (Dog Management) By-laws 2019 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\nWagait Shire Council (Dog Management) By-laws 2019 (SL No 27, 2019)\nNotified 20 November 2019\nCommenced 20 November 2019","sortOrder":0}],"analysis":{"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"},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The title suggests a straightforward set of dog management rules, but the involvement of the Northern Territory Electoral Commission for Chapter 8 indicates the by-laws extend beyond dog management into council governance or electoral matters — a notable departure from what a reader would expect based on the title alone."},"complexity_factors":["Split administration between two government agencies (Department of Housing, Local Government and Community Development and the NT Electoral Commission) adds a layer of complexity","Local by-laws sit within a broader legislative framework (NT local government legislation) that readers may need to cross-reference","Limited metadata provided — no gazette details, maker, or reprint number context makes it harder to assess full scope and amendments","The inclusion of Chapter 8 under the Electoral Commission suggests governance/electoral provisions beyond pure dog management, adding unexpected scope"],"plain_english_summary":"These local by-laws, made by Wagait Shire Council, set out how dogs must be managed within the Shire — covering things like registration, leashing and control, where dogs are allowed, handling dangerous or nuisance animals, and penalties for breaches.  \n\nThey affect dog owners and keepers, residents impacted by roaming or aggressive dogs, and council officers who enforce the rules. Most chapters are administered by the Department of Housing, Local Government and Community Development; Chapter 8 is administered by the NT Electoral Commission (suggesting it relates to elections/appointments)."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"No earlier or alternative version was supplied for comparison. On the face of the instrument, it sets out a self‑contained local regime for dog registration, licensing, control, enforcement and pounds; there is no material within the provided text indicating a change of scope from a prior intent."},"complexity_factors":["Numerous strict‑liability offences across containment, identification, nuisance and ownership-change rules (e.g. by‑laws 11, 27, 29, 31, 33–37).","Multiple administrative actors and delegations (Council, CEO, authorised persons) with operational discretion (by‑laws 4, 5, 6, 18–20, 38).","Conditional registration and licensing regimes with show‑cause procedures and time limits (by‑laws 9, 16, 19).","Discretionary public‑area designations and pre‑consultation requirements for exercise/restriction areas (by‑laws 25–26).","Enforcement mix linking infringement notices, prescribed monetary amounts and the Fines and Penalties (Recovery) Act (by‑laws 44–49 and Schedule).","Pound management, biosecurity and euthanasia rules with procedural constraints (by‑laws 39–43).","Recordkeeping and evidence provisions for registers and CEO certifications (by‑laws 4, 6).","Interplay with external instruments and general criminal principles (application of Part IIAA of the Criminal Code via by‑law 7)."],"plain_english_summary":"These by-laws require dog owners in Wagait Shire to register and identify dogs, obtain licences where local limits apply, properly contain animals, follow rules for declared dangerous dogs, and respect exercise and restriction areas. The Council, CEO and authorised persons administer registration, declarations, seizure, pounds and fees (see by‑laws 9, 10, 15, 21, 25–26, 38, 54).\n\nEnforcement relies on infringement notices, court proceedings and impounding; many offences are strict liability. Owners pay registration/licence fees, release and treatment costs, and prescribed fines if they breach the rules (see Schedule and by‑laws 41–47, 44)."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"by-law 23(3)","severity":"high","reasoning":"Notification is required within 24 hours of the earlier of the event and the owner's awareness. If awareness occurs more than 24 hours after the event, the deadline has already expired.","confidence":0.99,"description":"The notification deadline can expire before the owner becomes aware of an attack or alleged attack.","source_quotes":["within 24 hours of the earlier of:","(a) the time of the attack, or alleged attack; or","the time the owner is made aware of the attack"]},{"type":"other","section":"by-laws 43(3), 46(2)(a) and 49(1)","severity":"medium","reasoning":"By-law 43(3) prohibits disposal until at least 14 days after related court proceedings are complete. By-law 46(2)(a) permits expiation by payment, and by-law 49(1) recognises that expiation can avoid proceedings. Where no court proceedings occur, by-law 43(3) supplies no event from which its 14-day period can run.","confidence":0.95,"description":"The disposal prohibition has no endpoint when an infringement offence is expiated without court proceedings.","source_quotes":["If an infringement notice is issued to the owner of an impounded\ndog, the CEO must not destroy or dispose of the dog until at least\n14 days after any court proceedings relating to that infringement\nnotice are complete.","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;","This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice was given unless the offence is expiated."]}],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of dog management within the local government area. While comprehensive (covering registration, licensing, dangerous dogs, pounds, and enforcement), it has not expanded beyond the core scope of regulating dog ownership and control. The inclusion of standard enforcement mechanisms (infringement notices) and administrative provisions (registers, evidence rules) is typical for local government by-laws and does not represent scope creep."},"complexity_factors":["Moderate length (54 by-laws across 4 Parts) with detailed procedural requirements","19 defined terms in the interpretation section (by-law 3), including nested definitions like 'owner' which captures parents of minors and occupiers of premises","Extensive use of 'strict liability' offences (no need to prove intent) with specific defences scattered throughout, creating a patchwork of liability standards","Cross-referencing between Parts, particularly between offence provisions (Part 2, Division 7) and the infringement notice system (Part 3) via the Schedule","Conditional logic in licensing and registration decisions (by-laws 9 and 16) with multiple discretionary grounds for refusal","Special regimes for dangerous dogs (Division 5) with additional conditions layered on top of general registration requirements","Temporal conditions (14-day notice periods, 72-hour impoundment limits, 12-month registration expiry) creating time-sensitive compliance obligations","Dual enforcement pathways: infringement notices vs court prosecution, with specific rules about when each applies"],"plain_english_summary":"**What this legislation does:**\n\nThese are local council rules (called \"by-laws\") made by Wagait Shire Council in the Northern Territory to manage dogs in their area. Think of them as the rulebook for dog ownership in this specific community.\n\n**Who it affects:**\n\n*   **Dog owners** living in or visiting the Wagait Shire Council area\n*   **People who keep multiple dogs** (breeders, kennels)\n*   **Council officers** who enforce the rules\n\n**Key rules explained:**\n\n*   **Registration:** You must register your dog with the Council and keep the dog-tag on its collar. Dogs must be microchipped to Australian Standards.\n*   **Limits on numbers:** The Council sets how many dogs you can keep without a special licence. If you want more, you need to apply for a licence for your premises.\n*   **Dangerous dogs:** If a dog attacks or menaces someone, the Council can declare it \"dangerous.\" Owners of dangerous dogs face strict rules: warning signs on their property, muzzles and leashes in public, and immediate reporting if the dog attacks, goes missing, or dies.\n*   **Public behaviour:** Dogs must be on a leash (max 3 metres) held by someone over 12, or in a designated \"dog exercise area.\" Dogs cannot chase vehicles, horses, or be a nuisance (excessive barking, repeatedly defecating in public).\n*   **Containment:** At home, dogs must be properly fenced or enclosed so they can't escape.\n*   **The Pound:** Council officers can seize stray, unregistered, or dangerous dogs. Dogs go to the pound and can be destroyed after 72 hours if not claimed (longer if there's a court case or investigation).\n*   **Fines:** Most offences carry a maximum penalty of 20 penalty units (a monetary amount set by law). Many minor offences can be handled via an **infringement notice** (a fine you can pay to avoid court), with set amounts ranging from 1 to 6 penalty units depending on the offence.\n\n**Why it matters:**\n\nThese rules balance responsible pet ownership with community safety. They give the Council power to deal with aggressive dogs, excessive noise, and strays, while providing a framework for registration and enforcement. The by-laws also protect existing dog owners when new \"dog restriction areas\" are declared, allowing them to keep their registered dogs even if new rules ban dogs in that area."}},"importantCases":[],"_links":{"self":"/api/acts/wagait-shire-council-dog-management-by-laws-2019","history":"/api/acts/wagait-shire-council-dog-management-by-laws-2019/history","analysis":"/api/acts/wagait-shire-council-dog-management-by-laws-2019/analysis","conflicts":"/api/acts/wagait-shire-council-dog-management-by-laws-2019/conflicts","importantCases":"/api/acts/wagait-shire-council-dog-management-by-laws-2019/important-cases","documents":"/api/acts/wagait-shire-council-dog-management-by-laws-2019/documents"}}