23Disqualification from owning or being in charge of dog

#### 23 Disqualification from owning or being in charge of dog 23 Disqualification from owning or being in charge of dog > > (1) A person who is convicted of any of the following offences is permanently disqualified from owning a dog or from being in charge of a dog in a public place— > > > > > (a) an offence under section 16 (1AB) or (1A), > > > > > (b) an offence under section 17 where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence, > > > > > (c) an offence under section 35A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040). > > > (2) A court that convicts a person of an offence under any of the following provisions of this Act can order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period— > > > > > (a) section 15 (Certain breeds of dogs to be muzzled), > > > > > (b) section 16 (1) or (1AA), > > > > > (c) section 17 (Dog must not be encouraged to attack), except where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence, > > > > > (d) section 36 (Obligations of owner when notified of proposed declaration), > > > > > (e) section 49 (Failure to comply with destruction or control order), > > > > > (f) section 51 (Owner of dangerous dog or menacing dog must comply with control requirements), > > > > > (g) section 56 (Owner of restricted dog must comply with control requirements), > > > > > (h) any other provision prescribed by the regulations as a provision to which this subsection applies. > > > (3) A court that convicts a person of more than one offence under any of the following provisions of this Act during any 5 year period can, on the second or subsequent conviction during that period, order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period— > > > > > (a) section 32A (Nuisance dogs), > > > > > (b) any other provision prescribed by the regulations as a provision to which this subsection applies. > > > (4) The maximum period of disqualification that a court can order under this section is 5 years. An order under this section is in addition to any penalty that the court can impose for an offence. > > > (5) The making of an order by a court under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in respect of a person charged with an offence is to be treated for the purposes of this section as a conviction of the person for the offence. > > > (6) A person who is the owner of a dog, or who is in charge of a dog, in contravention of a disqualification or order under this section is guilty of an offence. > > > > Maximum penalty— > > > > > (a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or > > > > > (b) 100 penalty units in the case of a dangerous, menacing or restricted dog. > > **s 23:** Am 1999 No 94, Sch 4.6; 2001 No 23, Sch 1 \[18\] \[19\]; 2005 No 101, Sch 1 \[43\]–\[45\]; 2006 No 101, Sch 1 \[12\]; 2013 No 86, Sch 1 \[3\] \[17\]–\[21\]; 2017 No 13, Sch 7.3 \[4\].