sec.192What is effective control

sec.192 What is effective control

A relevant person for a dog that is a regulated dog exercises effective control of the dog if— all of the following apply— the person is physically able to control the dog; the person is in control of only that dog; either— the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or the dog is being kept in an enclosed part of a vehicle and is enclosed or restrained in a way that prevents the dog, or any part of the dog, moving outside the enclosed part of the vehicle; or the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website. A relevant person for a dog, other than a regulated dog, exercises effective control of the dog if— for a dog in a public place that is an off-leash area—the person is able to supervise the dog and control the dog by using voice command; or for a dog in another public place— the person is physically able to control the dog; and 1 of the following applies— the person is restraining the dog by holding the dog by a leash, lead or other restraining device; the dog is securely tethered to a fixed object and is under the continuous supervision of the person; the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or the dog is being confined or tethered in, or on, a vehicle in a way that prevents the dog moving any part of its body beyond the vehicle; or the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or the dog is a government entity dog or security patrol dog performing the functions of that class of dog authorised under this Act or another Act; or the dog is a working dog and is performing a function of being a working dog. In this section— off-leash area means an area within a local government area where, under a local law, a responsible person for a dog is not required to be in control of the dog by using a leash, lead or other restraining device. s 192 prev s 192 om 2009 No. 24 s 1268 pres s 192 ins 2024 No. 17 s 25 (sec.192-ssec.1) A relevant person for a dog that is a regulated dog exercises effective control of the dog if— all of the following apply— the person is physically able to control the dog; the person is in control of only that dog; either— the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal; or the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person; or the dog is being kept in an enclosed part of a vehicle and is enclosed or restrained in a way that prevents the dog, or any part of the dog, moving outside the enclosed part of the vehicle; or the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website. (sec.192-ssec.2) A relevant person for a dog, other than a regulated dog, exercises effective control of the dog if— for a dog in a public place that is an off-leash area—the person is able to supervise the dog and control the dog by using voice command; or for a dog in another public place— the person is physically able to control the dog; and 1 of the following applies— the person is restraining the dog by holding the dog by a leash, lead or other restraining device; the dog is securely tethered to a fixed object and is under the continuous supervision of the person; the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or the dog is being confined or tethered in, or on, a vehicle in a way that prevents the dog moving any part of its body beyond the vehicle; or the dog is participating in, or being exhibited or trained at, an exhibition, race meeting, race trial or obedience trial supervised by a body that is— recognised by the State as an appropriate body to supervise the exhibition, meeting or trial and published on the department’s website; or recognised by the local government in whose local government area the exhibition, meeting or trial is held as an appropriate body to supervise the exhibition, meeting or trial and published on the local government’s website; or the dog is a government entity dog or security patrol dog performing the functions of that class of dog authorised under this Act or another Act; or the dog is a working dog and is performing a function of being a working dog. (sec.192-ssec.3) In this section— off-leash area means an area within a local government area where, under a local law, a responsible person for a dog is not required to be in control of the dog by using a leash, lead or other restraining device.