NORTHERN TERRITORY OF AUSTRALIA
CITY OF PALMERSTON (ANIMAL MANAGEMENT) BY-LAWS 2024
As in force at 1 July 2024
Table of provisions
Part 1 Preliminary matters
1 Title .................................................................................................. 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Meaning of owner ............................................................................ 3
5 Application within Palmerston .......................................................... 3
6 Application of Criminal Code ........................................................... 4
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
7 Registration required ....................................................................... 4
8 Offence of unregistered dog or cat .................................................. 4
9 Identification devices ....................................................................... 5
10 Offences related to identification devices ........................................ 6
11 Offence for contravention of condition of registration ...................... 6
12 Notice of change in address or owner ............................................. 6
13 Proper containment of dogs and cats .............................................. 7
14 Keeping dogs and cats under effective control ................................ 8
15 Abandoning dog or cat .................................................................... 9
16 Maximum number of dogs and cats................................................. 9
17 Dog exercise areas ........................................................................ 10
18 Dog and cat restricted areas.......................................................... 10
19 Offences related to dog or cat areas ............................................. 11
Division 2 Menacing, attacking and dangerous dogs
20 Dog menaces ................................................................................ 11
21 Dog attacks.................................................................................... 12
22 Serious dog attack ......................................................................... 12
23 Defences and orders ..................................................................... 13
24 Enticement or incitement ............................................................... 14
25 Dangerous dog .............................................................................. 14
26 Revocation of declaration of dangerous dog ................................. 14
27 Duties of owner of dangerous dog ................................................. 15
28 Notice about loss or transfer of dangerous dog ............................. 16
29 Offences related to dangerous dog ............................................... 16
30 Remedial action for dangerous dog ............................................... 17
City of Palmerston (Animal Management) By-laws 2024 ii
Division 3 Seizure and impounding of dogs and cats
31 Seizure and impounding ................................................................ 17
32 Notice of impounding ..................................................................... 18
33 Release from pound ...................................................................... 18
34 Destruction of dog or cat................................................................ 19
35 Destruction or disposal of impounded dogs and cats .................... 20
36 Humane method ............................................................................ 20
37 Costs of destruction ....................................................................... 20
Division 4 Management of other animals
38 Management of poultry and domestic livestock ............................. 21
39 Animal causing nuisance ............................................................... 21
40 Removal or disposal of animal remains ......................................... 22
Part 3 Administrative matters
Division 1 Authorisations
41 Issuing authorisations .................................................................... 23
42 Application for authorisation .......................................................... 23
43 Revoking or varying on request ..................................................... 23
44 Revoking, suspending or varying for cause ................................... 24
Division 2 Information and records
45 Records ......................................................................................... 25
46 Written notices ............................................................................... 25
47 Publishing information ................................................................... 25
Division 3 Fees
48 Determining fees ........................................................................... 26
49 Other matters related to fees ......................................................... 26
Part 4 Infringement notice offences
50 Infringement notice offence and infringement amount payable ..... 26
51 When infringement notice may be given ........................................ 26
52 Contents of infringement notice ..................................................... 26
53 Electronic payment and payment by cheque ................................. 27
54 Expiation of offence ....................................................................... 28
55 Withdrawal of infringement notice.................................................. 28
56 Application of Part ......................................................................... 28
City of Palmerston (Animal Management) By-laws 2024 iii
Part 5 Repeal and transitional matters
Division 1 Repeals
57 Repeal of By-laws .......................................................................... 28
Division 2 Transitional matters for City of Palmerston
(Animal Management) By-laws 2024
58 Definitions ...................................................................................... 29
59 Former determinations .................................................................. 29
60 Licences and registrations under former By-laws .......................... 29
61 Dog exercise areas and dog restriction areas ............................... 29
62 Offence provisions ......................................................................... 29
Schedule 1 Repealed By-laws
Schedule 2 Infringement notice offences and
infringement amounts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2024
CITY OF PALMERSTON (ANIMAL MANAGEMENT) BY-LAWS 2024
By-laws under the Local Government Act 2019
Part 1 Preliminary matters
1 Title
These By-laws may be cited as the City of Palmerston (Animal
Management) By-laws 2024.
2 Commencement
These By-laws commence on 1 July 2024.
3 Definitions
In these By-laws:
approved means approved by the City by resolution.
assistance animal, see section 4A of the Anti-Discrimination
Act 1992.
at large, in relation to a dog or cat, means the dog or cat is:
(a) outside the premises where it is usually kept; and
(b) not under effective control.
attack, in relation to a dog, means any behaviour of the dog
specified in by-law 21(1) or 22(1).
authorisation means a form of written or electronic authority
issued by the CEO that is required under these By-laws to do
something, to have something or to engage in other conduct.
Examples for definition authorisation
1 A licence to keep animals at premises.
2 A dog or cat registration.
Part 1 Preliminary matters
City of Palmerston (Animal Management) By-laws 2024 2
City means the local government council constituted for the
municipality of Palmerston.
Note for definition City
The Minister for Local Government changed the name of the council for the City
of Palmerston local government area to the "City of Palmerston" by notice in
Gazette G50 of 12 December 2012.
dangerous dog means a dog declared to be dangerous under
by-law 25.
dog exercise area means an area declared by the City under
by-law 17 to be a dog exercise area.
domestic livestock means any of the following that is kept for a
non-commercial purpose:
(a) a horse or other equine animal;
(b) an ox, buffalo or other bovine animal;
(c) an alpaca;
(d) a camel;
(e) a goat;
(f) a llama
(g) a pig;
(h) a sheep.
effective control, in relation to a dog or cat, see by-law 14(2)
and (3).
infringement amount, for Part 4, see by-law 50(2).
infringement notice, for Part 4, see by-law 51.
infringement notice offence, for Part 4, see by-law 50(1).
menace, see by-law 20(2).
nuisance, see by-law 39(2).
owner, see by-law 4.
Palmerston means the City of Palmerston local government area.
pound means a place established by the City to impound animals.
Part 1 Preliminary matters
City of Palmerston (Animal Management) By-laws 2024 3
premises include the following:
(a) a building or other structure;
(b) a part of a building or other structure;
(c) land where a building or other structure is situated.
properly contained, see by-law 13(2).
vehicle means any conveyance that runs on wheels.
Examples for definition vehicle
Cars, trucks, trailers, motorcycles, bicycles, scooters, skateboards and inline
skates.
Note for by-law 3
The Act also defines terms that are used in these By-laws.
4 Meaning of owner
(1) In relation to an animal, owner means any of the following:
(a) for a registered dog or cat – the person who is registered as
the owner of the dog or cat;
(b) the person for the time being in control or possession of the
animal;
(c) the occupier of the premises, or a part of the premises, where
the animal is kept.
Examples for definition owner
A person walking a dog or looking after a dog for a friend who is on holidays.
(2) If an owner under clause (1) is a person under 18 years of age, the
owner is taken to be any parent or guardian of that person.
5 Application within Palmerston
These By-laws apply to and have effect within Palmerston.
Note for by-law 5
Under section 275(4) of the Act, a by-law binds the Territory and all its
instrumentalities.
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 4
6 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against these
By-laws.
Note for by-law 6
Part IIAA of the Criminal Code states the general principles of criminal
responsibility, establishes general defences, and deals with burden of proof. It
also defines, or elaborates on, certain concepts commonly used in the creation of
offences.
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
7 Registration required
(1) The owner of a dog or cat that is kept in Palmerston must register it
with the City.
(2) The City must, by resolution, determine the following:
(a) the process for registering dogs and cats;
(b) any grounds for refusing to register a dog or cat;
(c) any conditions of registration;
(d) the date of expiry of a registration.
Examples for clause (2)(b)
Unsuitable premises or excessive number of dogs or cats.
Note for by-law 7
Part 3, Division 1 contains provisions about the grant of authorisations, including
registrations, under these By-laws.
8 Offence of unregistered dog or cat
(1) A person commits an offence if the person keeps an unregistered
dog or cat in Palmerston for a period of 3 months or longer.
Maximum penalty: 20 penalty units.
Note for clause (1)
The infringement amount is 1 penalty unit.
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 5
(2) The following persons are exempt from clause (1):
(a) a City employee or contractor who keeps a dog or cat in a
pound;
(b) a person or entity that provides animal protection or welfare
services;
(c) a veterinarian who keeps a dog or cat for treatment.
(3) An offence against clause (1) is an offence of strict liability.
9 Identification devices
(1) A registered dog or cat must:
(a) wear an identification tag when outside the premises where
the dog or cat is kept; and
(b) be implanted with a microchip.
(2) An identification tag must meet the specifications determined, by
resolution, by the City.
(3) An implanted microchip must:
(a) meet the specifications determined, by resolution, by the City;
and
(b) be designed to store information in a way that can be retrieved
electronically without physical contact.
(4) The CEO may exempt a dog or cat from the requirement in
clause (1)(b) if the CEO is satisfied that implanting a microchip in
the dog or cat will:
(a) result in an undue risk to the health of the dog or cat; or
(b) adversely affect the growth, development or wellbeing of the
dog or cat.
(5) The owner of a registered dog or cat must ensure that it:
(a) wears a tag that meets the specifications determined under
clause (2) when outside the premises where it is kept; and
(b) is implanted with a microchip.
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 6
10 Offences related to identification devices
(1) The owner of a registered dog or cat must not:
(a) allow it to be outside the premises where it is kept without
wearing an identification tag that meets the specifications
determined under by-law 9(2); or
(b) remove from it any microchip implanted under by-law 9.
Maximum penalty: 20 penalty units.
Note for clause (1)
The infringement amount is 1 penalty unit.
(2) An offence against clause (1) is an offence of strict liability.
11 Offence for contravention of condition of registration
(1) The owner of a registered dog or cat must comply with any
conditions on the registration determined by the City.
(2) A person commits an offence if:
(a) the person is the owner of a registered dog or cat; and
(b) the registration of the dog or cat is subject to a condition; and
(c) the owner fails to comply with the condition.
Maximum penalty: 20 penalty units.
Note for clause (2)
The infringement amount is 1 penalty unit.
(3) An offence against clause (2) is an offence of strict liability.
12 Notice of change in address or owner
(1) The owner of a registered dog or cat must notify the City of the
following events:
(a) a change in the owner's address;
(b) a transfer of the dog or cat to a new owner.
(2) The notice must be given in the approved form within 14 days after
the day the event occurred and include the following:
(a) the particulars of the animal;
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 7
(b) the contact details of the owner;
(c) in the case of a transfer of the dog or cat to a new owner – the
contact details of both the new and former owners.
(3) A person commits an offence if:
(a) the person is the owner of a registered dog or cat; and
(b) the person fails to comply with clause (1) or (2).
Maximum penalty: 10 penalty units.
Note for clause (3)
The infringement amount is 1 penalty unit.
(4) An offence against clause (3) is an offence of strict liability.
13 Proper containment of dogs and cats
(1) The owner of a dog or cat must properly contain the dog or cat
when it is on the premises where it is usually kept.
(2) For these By-laws, a dog or cat is taken to be properly contained
on premises if the dog or cat is kept inside a building, enclosed run
or other structure on the premises from which the animal is unable
to escape.
Note for clause (2)
Under section 22 of the Animal Protection Act 2018, a person in control of an
animal must provide a minimum level of care to the animal.
(3) A person commits an offence if:
(a) the person is the owner of a dog or cat; and
(b) the dog or cat is not properly contained when it is on the
premises where it is kept.
Maximum penalty: 20 penalty units.
Note for clause (3)
The infringement amount is 2 penalty units.
(4) An offence against clause (3) is an offence of strict liability.
(5) To avoid doubt, the following matters are not relevant to an offence
against clause (3):
(a) the time during which the dog or cat was not properly
contained;
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 8
(b) the ability of the owner to properly contain the dog or cat.
14 Keeping dogs and cats under effective control
(1) The owner of a dog or cat must ensure that the dog or cat is under
effective control when outside the premises where the animal is
kept.
(2) For these By-laws, a dog or cat is taken to be under effective
control if the dog or cat is:
(a) restrained by a leash or similar device that is suitable to
restrain the dog or cat and is held by a person who is over the
age of 12 years and competent to restrain the dog or cat; or
(b) safely enclosed in a vehicle, or in or on the back of a flat-
topped, tray-backed or well-bodied vehicle, in such a manner
that no part of the dog or cat is projecting from the vehicle; or
(c) otherwise leashed or restrained and unable to run free.
(3) For these By-laws, a dog in a dog exercise area is also taken to be
under effective control if:
(a) the dog is complying with the conditions specified for the area;
and
(b) the dog is immediately responsive to a voice command of its
owner; and
(c) the dog is not a female dog in oestrus; and
(d) the owner is carrying a leash or similar device in accordance
with clause (2)(a).
(4) A person commits an offence if:
(a) the person is the owner of a dog or cat; and
(b) the dog or cat is not under effective control when outside the
premises where the animal is kept.
Maximum penalty: 20 penalty units.
Note for clause (4)
The infringement amount is 1 penalty unit.
(5) An offence against clause (4) is an offence of strict liability.
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 9
15 Abandoning dog or cat
A person commits an offence if the person intentionally abandons a
dog or cat in Palmerston.
Maximum penalty: 20 penalty units.
16 Maximum number of dogs and cats
(1) The City may, by resolution, establish a limit or condition on the
maximum number of dogs or cats that may be kept on premises in
Palmerston.
Examples for clause (1)
The maximum number of dogs and cats allowed on premises or limits or
conditions on the breeding of dogs and cats and the suitability of those premises
and the impact on neighbours.
(2) The City must publish the limit or condition.
(3) A person must not, without an authorisation, keep dogs or cats on
premises contrary to any limit or condition established by the City
on the maximum number of dogs or cats that may be kept on
premises in Palmerston.
(4) An occupier of premises commits an offence if:
(a) the City, by resolution, establishes a limit or condition on the
maximum number of dogs or cats that may be kept on the
premises; and
(b) the occupier keeps dogs or cats on the premises contrary to
the limit or condition; and
(b) the occupier does not have an authorisation allowing that
conduct.
Maximum penalty: 20 penalty units.
Note for clause (4)
The infringement amount is 1 penalty unit.
(5) An offence against clause (4) is an offence of strict liability.
(6) A person who contravenes clause (3) is not entitled to apply for, or
to be granted, a licence referred to in that clause for a period of
12 months from the day of the last contravention.
Part 2 Animal management
Division 1 Responsible ownership of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 10
17 Dog exercise areas
(1) The City may, by resolution, declare an area to be a dog exercise
area.
(2) If the City intends to declare an area to be a dog exercise area, the
City must:
(a) publish notice of the proposed area at least 28 days in
advance; and
(b) consider any responses to the notice from residents of
Palmerston.
(3) The City must publish the location and conditions for using any dog
exercise area or class of dog exercise area it declares.
Examples for clause (3)
1 The times to exercise dogs in the area.
2 When female dogs in oestrus are allowed in the area.
(4) The owner of a dog using a dog exercise area must comply with the
conditions for the area.
(5) The owner of a dangerous dog must ensure the dog does not enter
a dog exercise area.
(6) A person commits an offence if:
(a) the person is the owner of a dog; and
(b) the dog is a dangerous dog; and
(c) the dog enters a dog exercise area.
Maximum penalty: 20 penalty units.
Note for clause (6)
The infringement amount is 1 penalty unit.
(7) An offence against clause (6) is an offence of strict liability.
18 Dog and cat restricted areas
(1) The City may declare an area to be a dog or cat restricted area.
Part 2 Animal management
Division 2 Menacing, attacking and dangerous dogs
City of Palmerston (Animal Management) By-laws 2024 11
(2) If the City intends to declare an area to be a dog or cat restricted
area, the City must:
(a) publish notice of the proposed area at least 28 days in
advance; and
(b) consider any responses to the notice from residents of
Palmerston.
(3) The City must publish the location and restrictions on dogs and cats
in any dog or cat restricted area it declares.
(4) An assistance animal is exempt from this by-law.
(5) The owner of a dog or cat must comply with the conditions for the
dog or cat restricted area.
(6) The City may, by resolution, exempt a person, a class of persons or
all persons from one or more conditions or restrictions in a
declaration made under clause (1) for a maximum period of
14 days.
(7) The City must publish an exemption under clause (6).
19 Offences related to dog or cat areas
(1) A person commits an offence if the person:
(a) owns a dog or cat; and
(b) fails to comply with the conditions for a dog exercise area or a
dog or cat restricted area; and
(c) if the condition relates to a dog or cat restricted area – does
not have an exemption from the condition under clause 18(6).
Maximum penalty: 20 penalty units.
Note for clause (1)
The infringement amount is 1 penalty unit.
(2) An offence against clause (1) is an offence of strict liability.
Division 2 Menacing, attacking and dangerous dogs
20 Dog menaces
(1) An owner of a dog must ensure that it does not menace a person or
another animal.
Part 2 Animal management
Division 2 Menacing, attacking and dangerous dogs
City of Palmerston (Animal Management) By-laws 2024 12
(2) For these By-laws, a dog is taken to menace a person or other
animal if it chases, harasses, rushes at or threatens to bite the
person or animal in a manner that causes a reasonable
apprehension of fear in the person or animal.
(3) The owner of a dog commits an offence if the owner fails to comply
with clause (1).
Maximum penalty: 20 penalty units.
Note for clause (3)
The infringement amount is 3 penalty units.
(4) An offence against clause (3) is an offence of strict liability.
21 Dog attacks
(1) The owner of a dog must ensure that it does not rush at, bite, chase
or menace a person or other animal resulting in:
(a) physical contact with the person or other animal; or
(b) damage to:
(i) anything worn by the person or animal; or
(ii) other property in the immediate possession or under the
immediate control of the person.
(2) The owner of a dog commits an offence if the owner fails to comply
with clause (1).
Maximum penalty: 60 penalty units.
Note for clause (2)
The infringement amount is 5 penalty units.
(3) An offence against clause (2) is an offence of strict liability.
22 Serious dog attack
(1) The owner of a dog must ensure that it does not:
(a) bite a person or another animal causing a puncture or break to
the skin; or
(b) assault a person or another animal resulting in bleeding, bone
breakage, sprains, scratches or bruising.
Part 2 Animal management
Division 2 Menacing, attacking and dangerous dogs
City of Palmerston (Animal Management) By-laws 2024 13
(2) The owner of a dog commits an offence if the owner fails to comply
with clause (1).
Maximum penalty: 80 penalty units or, for an aggravated
offence, 100 penalty units.
Note for clause (2)
The infringement amount is 7 penalty units or, for an aggravated offence,
9 penalty units.
(3) An offence against clause (2) is an offence of strict liability.
(4) An offence against clause (2) is an aggravated offence if the bite or
assault causes or results in substantial injury to, or death of, the
person or the other animal.
23 Defences and orders
(1) It is a defence to a prosecution for an offence against by-law 20, 21
or 22 if:
(a) another person had, without the defendant's permission,
caused the dog to menace or attack the person or another
animal; or
(b) in the case of another animal being menaced or attacked – the
other animal was on premises owned or occupied by the
defendant without consent; or
(c) in the case of a person being menaced or attacked – the
person was unlawfully on premises owned or occupied by the
defendant.
Note for clause (1)
The defendant has an evidential burden in relation to this defence (see
section 43BU of the Criminal Code).
(2) If a court finds a person guilty of an offence against by-law 20, 21
or 22, the court may make one or both of the following orders in
addition to, or instead of, the penalty for the offence:
(a) if the dog is impounded as a result of the offence – an order
that the person pay the costs and expenses of, and incidental
to, the impounding;
(b) an order that the dog be destroyed.
Part 2 Animal management
Division 2 Menacing, attacking and dangerous dogs
City of Palmerston (Animal Management) By-laws 2024 14
24 Enticement or incitement
A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct results in the owner of a dog being liable to
prosecution for an offence against by-law 20, 21 or 22; and
(c) the person is reckless in relation to that result.
Maximum penalty: 20 penalty units.
Note for by-law 24
The infringement amount is 1 penalty unit.
25 Dangerous dog
(1) An authorised person may, by written notice, declare a dog to be a
dangerous dog if:
(a) the dog menaces or attacks a person or an animal; or
(b) the authorised person believes on reasonable grounds that
the dog is destructive, dangerous, savage or a threat to the
safety of the community.
(2) The authorised person must give written notice of the declaration to
the owner of the dog.
(3) The written notice of the declaration must be in the approved form
and include the following information:
(a) the day the declaration takes effect;
(b) the reasons for the declaration;
(c) the identity of the dog and the owner of the dog.
(4) The City must keep a record of the information in clause (3).
26 Revocation of declaration of dangerous dog
(1) The owner of a dangerous dog may, in writing to the CEO, request
that the declaration of the dog as a dangerous dog be revoked.
(2) The CEO may:
(a) revoke the declaration; or
(b) refuse to revoke the declaration.
Part 2 Animal management
Division 2 Menacing, attacking and dangerous dogs
City of Palmerston (Animal Management) By-laws 2024 15
(3) The CEO must give the applicant written notice of the decision
under clause (2).
(4) A revocation under clause (2)(a) takes effect on the day the CEO
notifies the applicant of the revocation.
(5) If the CEO refuses an application under clause (2)(b), the CEO is
not required to consider a further application made under clause (1)
in relation to the same dog within six months of the refusal.
27 Duties of owner of dangerous dog
(1) This by-law applies to the owner of a dog that is declared to be a
dangerous dog.
(2) The owner must, within 14 days after the day the declaration takes
effect:
(a) desex the dangerous dog, unless it is already desexed, at the
owner's expense; and
(b) provide to an authorised person evidence from a veterinarian
that the dog is desexed; and
(c) undergo behavioural or other training with the dog, as
specified by the CEO, at the owner's expense.
(3) The owner must ensure that the containment required under
by-law 13(1) is appropriate to the danger posed by the dangerous
dog.
Example for clause (3)
Installing higher and stronger fencing for a large dangerous dog.
(4) The owner must post signage on the premises where the
dangerous dog is kept, with the words "Warning Dangerous Dog"
clearly visible and legible from the front boundary of the premises.
(5) When the dangerous dog is outside the premises where it is kept,
the owner must ensure that:
(a) the dog is kept under the effective control of a person who is
at least 18 years of age and competent to restrain the dog;
and
(b) the dog is muzzled and controlled by a leash that is suitable to
restrain the dog; and
(c) the dog does not enter a dog exercise area.
Part 2 Animal management
Division 2 Menacing, attacking and dangerous dogs
City of Palmerston (Animal Management) By-laws 2024 16
(6) If the owner intends to keep the dangerous dog for more than
14 days at a place other than the premises where it is usually kept,
the owner must notify the City of the address of the place within
24 hours after the dog is relocated.
(7) The owner must notify the City of any attack, or alleged attack, by
the dangerous dog of a person or animal within 24 hours of the
earlier of the following:
(a) the time of the attack or alleged attack;
(b) the time the owner becomes aware of the attack or alleged
attack.
28 Notice about loss or transfer of dangerous dog
(1) The owner of a dangerous dog must notify the City if the dog is
missing or dies.
(2) The notice must be given:
(a) within 24 hours after the owner becomes aware the dog is
missing; or
(b) within 14 days after the day of its death.
(3) If the owner of a dangerous dog intends to transfer ownership of the
dangerous dog, the owner must inform the prospective owner that
the dog is dangerous.
(4) In the case of the transfer of a dangerous dog, the notice to the City
under by-law 12 must be given within 24 hours after the transfer.
29 Offences related to dangerous dog
(1) A person commits an offence if the person:
(a) is the owner of a dog that is declared to be a dangerous dog;
and
(b) fails to comply with by-law 27 or 28.
Maximum penalty: 100 penalty units.
Note for clause (1)
The infringement amount is 9 penalty units.
(2) An offence against clause (1) is an offence of strict liability.
Part 2 Animal management
Division 3 Seizure and impounding of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 17
30 Remedial action for dangerous dog
(1) If the owner of a dangerous dog fails to comply with the duties of an
owner under by-law 27 more than once in a 12-month period, the
CEO may require the owner to take either or both of the following
actions:
(a) undergo further specified behavioural or other training with the
dog at the owner's expense;
(b) surrender the dog to the pound.
(2) If the CEO intends to take action under clause (1), the CEO must
give the owner of the dangerous dog a notice that:
(a) states what action the CEO is proposing under that clause;
and
(b) states the grounds for taking that action; and
(c) invites the owner to show cause, within 14 days, why the
action should not be taken.
(3) After considering any response received within 14 days after the
day of the notice, the CEO must decide whether to take action
under clause (1).
(4) As soon as practicable after making a decision under clause (3),
the CEO must give written notice of the decision to the owner of the
dangerous dog.
Division 3 Seizure and impounding of dogs and cats
31 Seizure and impounding
(1) An authorised person may seize:
(a) a dog or cat that appears to be diseased, injured, savage,
destructive, stray or unregistered; or
(b) a dog or cat that is at large; or
(c) a dangerous dog whose owner is not complying with
Division 2; or
(d) a dog that an authorised person believes on reasonable
grounds has attacked a person.
Part 2 Animal management
Division 3 Seizure and impounding of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 18
(2) As soon as practicable after seizing a dog or cat, the authorised
person must:
(a) impound the dog or cat in a pound; or
(b) take reasonable steps to return the dog or cat to its owner if
satisfied that it is not diseased, injured, savage or destructive.
32 Notice of impounding
(1) The CEO must ensure that reasonable steps are taken to notify the
owner of a dog or cat that it is impounded and whether:
(a) the owner must collect it; or
(b) the owner must await a decision regarding destruction or
disposal under by-laws 34 and 35; or
(c) the dog or cat is subject to destruction or disposal under
by-laws 34 and 35.
(2) The owner of an impounded dog or cat who receives notice under
clause (1)(a) must collect the dog or cat within the time specified in
the notice.
(3) A person commits an offence if the person:
(a) owns a dog or cat; and
(b) receives a notice under clause (1)(a) that the owner must
collect it; and
(c) fails to collect the dog or cat within the time specified in the
notice.
Maximum penalty: 20 penalty units.
Note for clause (3)
The infringement amount is 2 penalty units.
(4) An offence against subsection (3) is an offence of strict liability.
33 Release from pound
(1) When collecting a dog or cat from a pound, a person must provide
evidence that the person is the owner of the dog or cat or is
authorised to act on behalf of the owner.
Part 2 Animal management
Division 3 Seizure and impounding of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 19
(2) The City may charge the owner a fee for:
(a) the costs incurred by the City in relation to the impounded dog
or cat; and
(b) delivering the dog or cat from the pound.
(3) Subject to by-laws 34 and 35, an impounded dog or cat must not be
released from a pound unless:
(a) it is registered and implanted with a microchip in accordance
with by-law 9; and
(b) it is released to its owner or to a person authorised to act on
behalf of the owner; and
(c) the City receives any fees payable in relation to it.
Note for clause (3)
Under by-law 9(4), the CEO may exempt a dog or cat from the requirement to be
implanted with a microchip.
(4) Clause (3)(a) does not apply in relation to an impounded dog or cat
if:
(a) the dog or cat is usually kept outside the City; or
(b) the dog or cat is under 3 months of age.
(5) For clause (4)(b), the owner of the dog or cat must provide
evidence that the dog or cat is under 3 months of age.
34 Destruction of dog or cat
(1) The CEO may arrange for a dog or cat to be destroyed if:
(a) the dog or cat is in the pound or is abandoned or is found on a
public place; and
(b) the dog or cat is diseased, injured, savage, destructive,
unclaimed, unregistered or unwanted; and
(c) it is humane to destroy the dog or cat in the circumstances.
(2) The CEO may presume that a dog that attacks a person or animal
is savage or destructive.
Part 2 Animal management
Division 3 Seizure and impounding of dogs and cats
City of Palmerston (Animal Management) By-laws 2024 20
35 Destruction or disposal of impounded dogs and cats
(1) Subject to this by-law, the CEO may, after a dog or cat is
impounded for 4 business days:
(a) transfer the dog or cat to an entity that provides animal
rehoming services; or
(b) arrange for its destruction.
(2) The CEO may make arrangements for the transfer of dogs and cats
from a pound to a person or entity that provides animal rehoming
services.
Example for clause (2)
Arrangements could be made with the RSPCA and other organisations that
provide care for unwanted and stray animals.
(3) The CEO must not destroy or dispose of an impounded dog or cat
because it is savage, destructive, unclaimed, unregistered or
unwanted until after the later of the following:
(a) if circumstances related to the destruction are being
investigated – the end of that investigation;
(b) if the destruction is subject to legal proceedings – 14 days
after the end of those legal proceedings.
(4) If an offence is being investigated in relation to an impounded dog
or cat, it must not be destroyed or disposed of until the investigation
is complete.
Example for clause (4)
If a dog is alleged to have attacked a person, the dog would not be destroyed
unless the investigation is complete.
36 Humane method
Any destruction of a dog or cat under these By-laws must be done:
(a) in a manner approved by the Australian Veterinary
Association; and
(b) by a veterinarian or another person who is, in the opinion of
the CEO, qualified to destroy it.
37 Costs of destruction
The costs incurred by the City to destroy a dog or cat under
by-law 34 or 35 is a debt payable by the owner of the dog or cat to
the City.
Part 2 Animal management
Division 4 Management of other animals
City of Palmerston (Animal Management) By-laws 2024 21
Division 4 Management of other animals
38 Management of poultry and domestic livestock
(1) The City may, by resolution, establish a limit or condition on the
maximum number of poultry or domestic livestock that may be kept
on premises in Palmerston.
(2) The City must publish the limit or condition.
(3) A person must not, without an authorisation, keep poultry or
domestic livestock on premises contrary to any limit or condition
established by the City on the maximum number of poultry or
domestic livestock that may be kept on premises in Palmerston.
(4) An occupier of premises commits an offence if:
(a) the City, by resolution, establishes a limit or condition on the
maximum number of poultry or domestic livestock that may be
kept on the premises; and
(b) the occupier keeps poultry or domestic livestock on the
premises contrary to the limit or condition; and
(b) the occupier does not have an authorisation allowing that
conduct.
Maximum penalty: 20 penalty units.
Note for clause (4)
The infringement amount is 1 penalty unit.
(5) An offence against clause (4) is an offence of strict liability.
(6) A person who contravenes clause (3) is not entitled to apply for, or
to be granted, an authorisation referred to in that clause for a period
of 12 months from the day of the last contravention.
39 Animal causing nuisance
(1) The owner of a dog, cat, poultry or domestic livestock must ensure
that the dog, cat, poultry or domestic livestock is not a nuisance to
people or other animals.
(2) An animal mentioned in clause (1) is taken to be a nuisance if it:
(a) is injurious or dangerous to the health of the community or
another person; or
Part 2 Animal management
Division 4 Management of other animals
City of Palmerston (Animal Management) By-laws 2024 22
(b) behaves repeatedly in a manner contrary to the general
interest of the community or specific interests of another
person; or
(c) creates a noise or an odour to a degree or extent that disturbs
the reasonable mental, physical or social well-being of a
person other than its owner; or
(d) defecates to a degree or extent that causes annoyance to a
person other than its owner.
Examples for clause (2)(c)
1 Constant or loud barking, caterwauling, crowing or squawking, especially
when pedestrians walk past the premises.
2 Noxious smelling coops or cages used for keeping poultry.
(3) The owner of an animal that defecates in public must immediately
remove the faeces and dispose of them in a sanitary manner.
(4) The owner of an animal must ensure it does not aggressively chase
a vehicle.
(5) The owner of an animal must not allow the animal to come within
10 m of a public play structure or public exercise structure unless
the animal is under effective control.
(6) A person commits an offence if the person fails to comply with
clause (1), (3), (4) or (5).
Maximum penalty: 20 penalty units.
Note for clause (6)
The infringement amount is 3 penalty units.
(7) An offence against clause (6) is an offence of strict liability.
40 Removal or disposal of animal remains
(1) The City may arrange for the remains of a dead animal that is found
on a public place to be removed or disposed of.
(2) If the City incurs expense in removing or disposing of a dead
animal, the City may recover the expense from the owner of the
animal as a debt due and payable to the City.
Part 3 Administrative matters
Division 1 Authorisations
City of Palmerston (Animal Management) By-laws 2024 23
Part 3 Administrative matters
Division 1 Authorisations
41 Issuing authorisations
(1) The CEO may issue, or refuse to issue, an authorisation.
(2) An authorisation remains in force for:
(a) the period of time, if any, specified in the authorisation; or
(b) if no period is specified in the authorisation – the period of
12 months on and after the day of its issue.
(3) An authorisation is subject to the conditions specified by the CEO.
Example for clause (3)
The fence around a property must be of a particular height.
(4) An authorisation is not transferable, unless these By-laws expressly
provide otherwise.
42 Application for authorisation
(1) Applications for the issue of authorisations must be made to the
CEO.
(2) The application must be in the approved form and accompanied by:
(a) the applicable fee, if any; and
(b) any documents, specifications or particulars that the CEO may
require.
43 Revoking or varying on request
(1) The CEO may, on the written request of the holder of an
authorisation:
(a) revoke the authorisation; or
(b) vary the conditions of the authorisation.
(2) The CEO must give the holder written notice of the revocation or
variation.
Part 3 Administrative matters
Division 1 Authorisations
City of Palmerston (Animal Management) By-laws 2024 24
44 Revoking, suspending or varying for cause
(1) The CEO may, in accordance with this by-law, revoke, suspend or
vary the conditions of an authorisation if the holder of the
authorisation:
(a) obtained the authorisation improperly; or
(b) failed to comply with these By-laws or a condition of the
authorisation.
(2) Before making a decision under clause (1), the CEO must give the
holder written notice:
(a) stating that the CEO proposes to revoke, suspend or vary the
authorisation; and
(b) stating the grounds for the intended revocation, suspension or
variation; and
(c) inviting the holder to show cause, in accordance with
clause (3), why the revocation, suspension or variation should
not be made.
(3) Within 7 days of receiving the notice, the holder of the authorisation
may make written representations to the CEO on why the
revocation, suspension or variation should not be made.
(4) After considering any representations made by the holder in
accordance with clause (3), the CEO may:
(a) take no further action in relation to the authorisation; or
(b) revoke, suspend or vary the authorisation.
(5) As soon as practicable after making a decision under clause (4),
the CEO must give written notice of the decision to the holder of the
authorisation.
(6) If the CEO decides to revoke, suspend or vary the conditions of an
authorisation, the notice to the holder must include the following
information:
(a) the date that the revocation, suspension or variation takes
effect;
Part 3 Administrative matters
Division 2 Information and records
City of Palmerston (Animal Management) By-laws 2024 25
(b) in the case of a suspension:
(i) the steps that the holder must take before the
suspension will be lifted and the consequences for not
completing those steps; and
(ii) the period of time that the suspension will remain in
force;
(c) in the case of a variation – how the conditions are being
varied.
Division 2 Information and records
45 Records
(1) The CEO must keep records of the following:
(a) all dogs and cats registered under these By-laws;
(b) all other authorisations issued under these By-laws;
(c) any other matter required by these By-laws or by the City.
(2) The records may be kept in any form, including electronic form.
Note for by-law 45
The City has obligations as a public sector organisation under the Information
Act 2002.
46 Written notices
A written notice required under these By-laws may be in electronic
form.
Example for by-law 46
An email sent to the registered owner of a dog or cat.
47 Publishing information
Any notice, document or other information that must be published
under these By-laws must be published in a timely manner on the
City's website.
Note for by-law 47
The Act provides for the publication of certain determinations, notices and
minutes of meetings of the City and the protection of confidential information.
Under section 7 of the Act, publishing includes publishing or broadcasting by
radio, television, internet, telephone or other means.
Part 4 Infringement notice offences
City of Palmerston (Animal Management) By-laws 2024 26
Division 3 Fees
48 Determining fees
(1) The City must, by resolution, determine the fees payable under
these By-laws.
(2) To avoid doubt, the amount of a fee may vary according to
circumstances and conditions relevant to the fee.
Examples for clause (2)
1 Lower registration fee for a sterilised dog or cat.
2 Higher registration fee for a dangerous dog.
49 Other matters related to fees
(1) Notice of the determination of a fee must be published as soon as
practicable.
(2) The City must not demand or receive any fee determined under
by-law 48 unless notice of the fee was published.
(3) Any fee that is not paid when it is due may be recovered as a debt
due to the City.
Part 4 Infringement notice offences
50 Infringement notice offence and infringement amount payable
(1) An infringement notice offence is an offence against a provision
specified in Schedule 2.
(2) The infringement amount for an infringement notice offence is the
amount equal to the monetary value of the number of penalty units
specified for the offence in Schedule 2.
51 When infringement notice may be given
If an authorised person believes on reasonable grounds that a
person has committed an infringement notice offence, the
authorised person may give a notice (an infringement notice) to
the person.
52 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person to whom it is issued, if
known;
Part 4 Infringement notice offences
City of Palmerston (Animal Management) By-laws 2024 27
(b) the date the infringement notice is given to the person;
(c) the date and time of the infringement notice offence and the
place at which the infringement notice offence occurred;
(d) a description of the offence;
(e) the infringement amount payable for the offence;
(f) the enforcement agency to which the infringement amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
infringement amount to the specified enforcement agency
within 28 days after the notice is given;
(b) the person may elect to have the offence dealt with by a court
by:
(i) completing a statement of election and giving it to the
specified enforcement agency; and
(ii) not paying the infringement amount;
(c) if the Fines and Penalties (Recovery) Act 2001 applies to the
infringement notice offence – enforcement action may be
taken under that Act if the person does nothing in response to
the notice.
(3) The infringement notice must include an appropriate form for
making the statement of election mentioned in clause (2)(b)(i).
53 Electronic payment and payment by cheque
(1) If the person uses electronic means to pay the infringement
amount, payment is not effected until the amount is credited to the
payee's bank account.
(2) If the person tenders a cheque in payment of the infringement
amount, payment is not effected unless the cheque is cleared on
first presentation.
Part 5 Repeal and transitional matters
Division 1 Repeals
City of Palmerston (Animal Management) By-laws 2024 28
54 Expiation of offence
If the infringement amount for the infringement notice offence is
paid in accordance with the infringement notice, the alleged offence
is expiated and no further proceedings can be taken in relation to
the offence.
55 Withdrawal of infringement notice
(1) The CEO may withdraw the infringement notice by written notice
given to the person.
(2) The notice must be given:
(a) within 14 days after the infringement notice is given to the
person; and
(b) before payment of the infringement amount.
56 Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) This Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the infringement amount in accordance with any of the notices.
Part 5 Repeal and transitional matters
Division 1 Repeals
57 Repeal of By-laws
The By-laws specified in Schedule 1 are repealed.
Part 5 Repeal and transitional matters
Division 2 Transitional matters for City of Palmerston (Animal Management) By-laws
2024
City of Palmerston (Animal Management) By-laws 2024 29
Division 2 Transitional matters for City of Palmerston (Animal
Management) By-laws 2024
58 Definitions
In this Division:
commencement means the commencement of by-law 57.
former By-laws means the Palmerston (Animal Management)
By-laws 1999.
59 Former determinations
A charge, due or fee determined under the former By-laws and in
force immediately before the commencement continues on the
commencement as if it were determined under these By-laws.
60 Licences and registrations under former By-laws
A licence or registration issued, granted or renewed under the
former By-laws that is in force immediately before the
commencement continues as if the licence or registration were
issued, granted or renewed under these By-laws.
61 Dog exercise areas and dog restriction areas
(1) A dog exercise area declared under the former By-laws and in force
immediately before the commencement continues on the
commencement as if it were declared under by-law 17 of these
By-laws.
(2) A dog restriction area declared under the former By-laws and in
force immediately before the commencement continues on the
commencement as if were declared under by-law 18 of these
By-laws.
62 Offence provisions
(1) The offence provisions in the former By-laws, as in force
immediately before the commencement, continue to apply in
relation to offences committed before the commencement.
(2) For this by-law, if any element of an offence occurred before the
commencement, the offence is taken to have been committed
before the commencement.
Part 5 Repeal and transitional matters
Division 2 Transitional matters for City of Palmerston (Animal Management) By-laws
2024
City of Palmerston (Animal Management) By-laws 2024 30
(3) In this by-law:
offence provision means a provision that creates or relates to
offences, including in relation to criminal responsibility, defences
and penalties.
ENDNOTES
City of Palmerston (Animal Management) By-laws 2024 33
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
City of Palmerston (Animal Management) By-laws 2024 (SL No. 8, 2024)
Date notified 24 May 2024
Commenced 1 July 2024 (r 2)