COOMALIE (DOG MANAGEMENT) BY-LAWS 2002 (Northern Territory)

These By-laws set out a local regulatory regime for keeping, registering, licensing, impounding and, in certain circumstances, destroying dogs within the Coomalie council area. They operate as by-laws under the Local Government Act 2008 (see Schedule 2 heading) and bind the Crown in right of the Territory (by-law 4). Mechanically, the instrument does the following.

Requires registration of dogs over the age of three months that are usually kept within the council area (by-law 10). The council issues an identification device (a dog‑tag) on registration (by-law 13). Registration expires on 30 June each year unless the council determines registrations to expire on the anniversary of initial registration (by-law 14).
Empowers the council to determine fees, fencing requirements, numbers of dogs permitted without a licence, maintenance and release fees for impounded dogs, and the period after which impounded dogs may be destroyed (by-law 6; Schedule 1).
Requires occupiers of premises exceeding council-determined permitted dog numbers to hold a licence (by-laws 15-17). The council must decide registration and licence applications within 21 days (by-laws 12(1), 17(1)).
Grants enforcement powers to authorised persons, including seizure of apparently dangerous, diseased, injured, savage, destructive, stray, unregistered, at‑large or uncontrolled dogs, use of cage traps, impounding, and in specified circumstances destruction of dogs (by-law 41). Pound supervisors may manage pounds and arrange destruction or sale of impounded dogs after the council-determined period (by-laws 43, 47).
Establishes offences and regulatory offence classifications for a range of conduct including keeping an unregistered dog (by-law 25), keeping dogs on unlicensed premises (by-law 26), dogs at large (by-law 29), female dogs in oestrus in public (by-law 30), enticement (by-law 31), attacks and menacing behaviour (by-law 32), nuisance behaviour (by-law 34), abandonment (by-law 35), obstruction (by-laws 36-37), false statements (by-law 38), misuse of sterilisation marks (by-law 39) and statutory obligations on sale or disposal of dogs (by-law 40).

NORTHERN TERRITORY OF AUSTRALIA COOMALIE (DOG MANAGEMENT) BY-LAWS 2002 As in force at 30 September 2020 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Application ....................................................................................... 1 3 Purpose ........................................................................................... 1 4 Crown to be bound .......................................................................... 1 5 Interpretation ................................................................................... 1 Part 2 Administration 6 Determinations of council ................................................................ 4 7 Registrar .......................................................................................... 5 8 Registers ......................................................................................... 5 9 Matters of evidence ......................................................................... 5 Part 3 Registration and licences Division 1 Registration of dogs 10 Requirement for registration ............................................................ 6 11 Application for registration ............................................................... 6 12 Determination of application ............................................................ 7 13 Identification device ......................................................................... 9 14 Period of registration ....................................................................... 9 Division 2 Licensing of premises 15 Council may determine when licence is required............................. 9 16 Application for licence ...................................................................... 9 17 Determination of application .......................................................... 10 18 Period of licence ............................................................................ 11 Division 3 Cancellation, variation etc. of registration and licences 19 Cancellation, variation etc. of registration or licence by request .... 11 20 Cancellation, variation etc. of registration or licence otherwise than by request .............................................................................. 11 21 Operation of notice of cancellation etc. .......................................... 12

Coomalie (Dog Management) By-laws 2002 ii Division 4 Regulatory 22 General penalty ............................................................................. 12 23 Fixed penalties .............................................................................. 13 Part 4 Dog management Division 1 Offences 24 Exemptions .................................................................................... 13 25 Unregistered dogs ......................................................................... 13 26 Unlicensed premises ..................................................................... 14 27 Compliance with notice or conditions ............................................ 14 28 Offences in relation to identification device ................................... 15 29 Dogs at large ................................................................................. 15 30 Female dogs in oestrus ................................................................. 15 31 Enticement..................................................................................... 16 32 Dogs attacking or menacing persons or animals ........................... 16 33 Dogs chasing vehicles ................................................................... 16 34 Dogs causing nuisance ................................................................. 16 35 Abandoning dogs........................................................................... 17 36 Obstruction of pound supervisor etc. ............................................. 17 37 Obstruction of officers etc. ............................................................. 17 38 Making false statement .................................................................. 18 39 Offence in relation to sterilisation mark.......................................... 18 40 Selling or disposing of a dog to another person............................. 18 Division 2 Enforcement 41 Seizure etc. of dogs ....................................................................... 18 42 Dogs seized to be impounded ....................................................... 19 Division 3 Pounds and impounded dogs 43 Establishment etc. of pounds......................................................... 19 44 Notice of impounding ..................................................................... 19 45 Release of dogs from pounds ........................................................ 20 46 Diseased dogs ............................................................................... 20 47 Destruction or disposal of impounded dogs ................................... 21 48 Method of destruction of impounded dogs ..................................... 22 Part 5 Miscellaneous 49 Sterilisation .................................................................................... 22 50 Change of ownership of dog .......................................................... 22 51 Dog races etc. ............................................................................... 23

Coomalie (Dog Management) By-laws 2002 iii Schedule 1 Schedule 2 Schedule 3 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 30 September 2020

COOMALIE (DOG MANAGEMENT) BY-LAWS 2002 By-laws under the Local Government Act 2008 Part 1 Preliminary 1 Citation These By-laws may be cited as the Coomalie (Dog Management) By-laws 2002. 2 Application Unless the contrary intention appears, these By-laws apply to all areas within the council area. 3 Purpose The purpose of these By-laws is to provide for the keeping of dogs within the council area in a manner compatible with the enjoyment by residents of a congenial living environment. 4 Crown to be bound These By-laws bind the Crown in right of the Territory. 5 Interpretation (1) In these By-laws, unless the contrary intention appears: abandon includes deliberately leaving a dog at premises or failing to obtain the release of the dog from a pound. appropriate fee means the fee determined by the council to be the fee for a licence, registration or other matter or for a class of licence, registration or other matter. approved means approved by the council by resolution.

Part 1 Preliminary Coomalie (Dog Management) By-laws 2002 2 attack, in relation to the actions of a dog, means an action of a dog that involves the dog rushing at, biting, chasing, menacing or worrying a person or another animal and, in so doing, actually touching the person or animal or the clothing or other property in the immediate possession or under the immediate control of the person, whether or not any injury or damage occurs to the person, animal or property. council means the Coomalie Community Government Council. determined means determined by the council by resolution. dog means an animal of the genus Canis. dog-tag means a dog-tag issued under by-law 13. guide dog means a dog trained by a guide dog training institution approved by the council and used as a guide by a person who is wholly or partially blind or deaf. identification device means a device or mark used for identifying a dog registered under these By-laws and includes a dog-tag, tattoo or other approved device or mark. licence means a licence granted or renewed under these By-laws. menace, in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that: (a) the dog is likely to attack the person or an animal owned by the person or in his or her control; or (b) the dog is likely to attack another person or an animal owned by that person or in his or her control, and includes a reasonable apprehension that the dog may escape, or be released from restraint, to attack a person or animal. owner, in relation to a dog, means: (a) the registered owner of the dog or the person for the time being in control of the dog; (b) the occupier of premises or a part of premises where the dog is usually kept; or

Part 1 Preliminary Coomalie (Dog Management) By-laws 2002 3 (c) if the owner has not attained the age of 17 years – a parent or guardian of the owner, but does not include a person controlling or keeping a dog that is seized or impounded under Part 4, Division 2. pound means: (a) a pound established; or (b) premises used as a pound, in accordance with by-law 43. pound supervisor means a pound supervisor appointed under by-law 43(2). premises includes a building and land (whether built on or not). public place includes: (a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of the place; (b) a place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only; (c) a road, street, footway, court, alley, thoroughfare or cul-de-sac that the public are allowed to use, despite that the road, street, footway, court, alley or thoroughfare may be formed on private property; and (d) land reserved under a law of the Territory for the use of the public or a member of the public. register means a register kept in pursuance of by-law 8. registered owner, in relation to a dog: (a) means the person specified in the appropriate register as the owner of the dog; and (b) if the registration is not current-includes the person last specified in the register as the owner of the dog. registrar means the registrar appointed under by-law 7. veterinarian means a registered veterinarian within the meaning of the Veterinarians Act 1994.

Part 2 Administration Coomalie (Dog Management) By-laws 2002 4 (2) A reference in these By-laws to a dog at large means a dog (other than a dog in the custody of an authorised person or in a pound) in a place other than premises owned or occupied by the owner of the dog. (3) For the purposes of these By-laws, a dog is under effective control if the dog is: (a) restrained by a leash, cord, chain or similar device not longer than 2.5 m and held by a person who is over the age of 12 years and competent to restrain the dog; or (b) enclosed in a vehicle (including being in the back of a flat topped, tray backed or well bodied vehicle) in such a manner that no part of the dog is projecting from the vehicle. Part 2 Administration 6 Determinations of council (1) The council may make determinations in relation to a matter or thing set out in Column 1 of Schedule 1 and, for that purpose, may take into account a matter specified in Column 2 of that Schedule. (2) The council may determine the charges, dues and fees in relation to a dog, undertaking, service, matter or thing referred to in these By-laws. (3) If the council, in exercise of a power or function under these By-laws, whether within or outside the council area: (a) supplies a service, product or commodity; (b) grants a licence; (c) makes a registration; (d) furnishes information; (e) receives an application; (f) permits inspection of a register; (g) allows the use of real or personal property of or under its care; or

Part 2 Administration Coomalie (Dog Management) By-laws 2002 5 (h) takes any other action in relation to which a determination is made, it may demand and recover the relevant amount determined under clause (2). (4) If the council makes a determination under this by-law, it is to publish a notice of its making in a newspaper circulating in the council area as soon as practicable after the determination is made. 7 Registrar The council may appoint a person to be the registrar for the purposes of these By-laws. 8 Registers (1) The registrar must keep a register or registers in the form determined by the council containing details of: (a) all dogs registered by the council; (b) all licences granted or renewed by the council; and (c) all offences against these By-laws: (i) for which an owner of a dog has been found guilty; or (ii) in relation to which an infringement notice has been issued under these By-laws to the registered owner of a dog or other person. (2) The registrar may keep the register in any medium or combination of mediums that the registrar thinks fit including but not limited to a computer, microfilm or paper. 9 Matters of evidence (1) An extract from or copy of an entry in a register purported to be signed by the registrar is to be received in a court, a tribunal or by a person acting judicially as evidence of the signature of the registrar and of the particulars contained in the entry without requiring the production of the register. (2) A statement signed by the registrar concerning particulars of entries in a register, including: (a) whether the name of a person was entered in a register in relation to a dog, matter or thing; or

Part 3 Registration and licences Division 1 Registration of dogs Coomalie (Dog Management) By-laws 2002 6 (b) whether a licence has been granted or renewed or registration has been made or renewed, is to be received in a court, a tribunal or by a person acting judicially as evidence of the signature of the registrar and of those particulars without requiring the production of the register. (3) In relation to the making of a resolution by the council for the purposes of these By-laws, the minutes of a meeting of the council or a document purporting to be a true copy of, or an extract from, the minutes of a meeting of the council signed by the clerk is to be received in a court, a tribunal or by a person acting judicially as evidence of the particulars contained in the minutes, or that extract or copy, without further proof. Part 3 Registration and licences Division 1 Registration of dogs 10 Requirement for registration (1) A dog that is usually kept within the council area must be registered if the dog is over the age of 3 months. (2) The burden of proof that a dog is below the age of 3 months lies on the person charged with an offence under by-law 25. (3) For the purposes of clause (1), a dog is taken to be usually kept within the council area if it has been kept within the council area for a period of 3 months or more, ignoring temporary absences. 11 Application for registration (1) The owner of a dog may apply to the council for the registration or renewal of registration of the dog. (2) An application under clause (1) is to be in the approved form accompanied by: (a) the appropriate fee; and (b) any other information, relevant to the determination of the application, that the council requires the applicant to provide. (3) A person who fails to renew the registration of a dog before the registration expires may apply to register the dog under clause (1).

Part 3 Registration and licences Division 1 Registration of dogs Coomalie (Dog Management) By-laws 2002 7 12 Determination of application (1) The council must, not later than 21 days after receiving an application under by-law 11: (a) register or renew the registration of the dog, either conditionally or unconditionally; or (b) refuse to register or renew the registration of the dog. (2) If the council refuses to register or renew the registration of a dog, the council must refund to the applicant the fee that accompanied the application in relation to the dog. (3) The council may refuse to register or renew the registration of a dog if the owner of the dog commits more than 2 offences against these By-laws during the period of 12 months before the date of the application. (4) For the purposes of subsection (3), the owner of a dog commits an offence against these By-laws if: (a) he or she has been found guilty by a court of an offence against these By-laws; (b) a penalty under an infringement notice has been paid in expiation of an alleged offence against these By-laws by the owner; or (c) although the penalty under an infringement notice referred to in paragraph (ii) has not been paid the due date for payment has passed and the owner has not elected to have the matter determined by a court. (5) The council may refuse to register or renew the registration of a dog if: (a) within the period of 12 months before the date of the application: (i) the owner of the dog has been found guilty of an offence against these By-laws; (ii) a penalty under an infringement notice has been paid in expiation of an alleged offence by the owner of the dog against these By-laws; or

Part 3 Registration and licences Division 1 Registration of dogs Coomalie (Dog Management) By-laws 2002 8 (iii) although the penalty under an infringement notice referred to in paragraph (ii) has not been paid, the due date for payment has passed and the owner of the dog has not elected to have the matter determined by a court, in relation to more than 2 offences or alleged offences in total; (b) within the period of 12 months before the date of the application, the dog has been impounded under these By-laws on more than 2 occasions; (c) the council is satisfied that the dog is destructive, dangerous, vicious or consistently the cause of nuisance to members of the public; (d) the premises on which the dog is usually kept are not fenced in accordance with a condition of registration of the dog imposed by the council; or (e) within the period of 12 months before the date of the application, 2 or more complaints have been received relating to: (i) the state of (including odour emanating from) the premises where the dog is usually kept, caused by or as a result of, keeping the dog; or (ii) the unauthorised presence of the dog on premises other than the premises where the dog is usually kept. (6) The council must refuse to register the dog or renew the registration of a dog if, in keeping the dog on premises on which the dog is usually kept, the applicant would be in breach of by-law 26. (7) If the council refuses to register or renew the registration of a dog, or imposes conditions on the registration or renewal of the registration of a dog, the council must serve on the applicant a statement in writing of the reasons for its decision. (8) The registered owner of a dog must comply with any conditions imposed on the registration or renewal of registration. (9) Registration of a dog is not transferable to another dog.

Part 3 Registration and licences Division 2 Licensing of premises Coomalie (Dog Management) By-laws 2002 9 13 Identification device If the council registers or renews the registration of a dog under by-law 12, the council must issue to the registered owner a dog tag that can be fitted to a collar and worn by the dog (unless the registered owner is exempted by the registrar from the requirement that the dog-tag be worn by the dog). 14 Period of registration (1) Subject to clause (2), the registration of a dog expires on 30 June each year. (2) Despite clause (1), the council may determine that in all cases the registration of a dog expires on the anniversary of the initial registration or renewal of registration. Division 2 Licensing of premises 15 Council may determine when licence is required (1) The council may determine: (a) the number of dogs; or (b) the number of dogs of a class or classes of dogs, that may be kept on premises without a licence. (2) If the number of dogs, or dogs of a class or classes of dogs, that are kept on premises exceeds the number determined under clause (1), the premises are required to be licensed. 16 Application for licence (1) The occupier of premises may apply to the council for the grant or renewal of a licence to keep on the premises more than the number of dogs determined by the council in accordance with by-law 15. (2) An application under clause (1) is to be in the approved form accompanied by: (a) the appropriate fee; and (b) any other information, relevant to the determination of the application, that the council requires the applicant to provide. (3) A person who fails to renew a licence in respect of premises before the licence expires may apply under clause (1) for a licence in respect of the premises.

Part 3 Registration and licences Division 2 Licensing of premises Coomalie (Dog Management) By-laws 2002 10 17 Determination of application (1) The council must, not later than 21 days after receiving an application under by-law 16: (a) grant a licence or renew the licence in respect of the premises, either conditionally or unconditionally; or (b) refuse to grant a licence or renew the licence in respect of the premises. (2) If the council refuses to grant or renew a licence in respect of premises, the council must refund to the applicant the fee that accompanied the application in relation to the premises. (3) In considering an application under by-law 16, the council may take into account any matter that is in its opinion relevant, including: (a) the facilities for controlling dogs at the premises specified in the application; (b) the number of dogs kept or to be kept at the premises; and (c) the likely impact on residents in the locality where the premises are situated if the licence is granted or renewed. (4) If the council has determined the manner in which premises are to be fenced, the council must not grant or renew a licence in respect of premises that are not fenced in accordance with the determination. (5) If an application is for the renewal of a licence and to the council's knowledge: (a) no matters have arisen that, if taken into account at the time the licence was granted, would have caused the council to refuse to grant the licence or to grant the licence subject to conditions other than those specified in the licence; or (b) the council has not, since the grant of the licence, made a determination under by-law 15 that affects the premises, the council may renew the licence without considering the application in the manner specified in clauses (3) and (4). (6) If the council refuses to grant or renew a licence or grants a licence subject to conditions or renews a licence subject to conditions not imposed on the original licence, the council must serve on the applicant a statement in writing of the reasons for its decision.

Part 3 Registration and licences Division 3 Cancellation, variation etc. of registration and licences Coomalie (Dog Management) By-laws 2002 11 (7) A licence in respect of premises is not transferable to other premises. 18 Period of licence Subject to these By-laws, a licence remains in force for the period, not exceeding 12 months, specified in the licence. Division 3 Cancellation, variation etc. of registration and licences 19 Cancellation, variation etc. of registration or licence by request (1) The council may, on the written application of the registered owner of a dog, by notice in writing served on the registered owner: (a) cancel the registration of the dog; or (b) vary the conditions to which the registration of the dog is subject, as requested in the application. (2) The council may, on the written application of the holder of a licence, by notice in writing served on the holder: (a) cancel the licence; (b) vary the conditions to which the licence is subject; or (c) suspend the licence for the period, as requested in the application. 20 Cancellation, variation etc. of registration or licence otherwise than by request (1) The council may, by notice served on the registered owner of a dog, require the registered owner to show cause why the council should not: (a) cancel the registration of the dog; or (b) vary, in the manner specified in the notice, the conditions to which the registration of the dog is subject.

Part 3 Registration and licences Division 4 Regulatory Coomalie (Dog Management) By-laws 2002 12 (2) The council may, not less than 7 days after serving a notice under clause (1), by another notice in writing served on the registered owner on whom the notice was served under clause (1): (a) cancel the registration of the dog; or (b) vary, in the manner specified in the notice, the conditions to which the registration of the dog is subject. (3) The council may, by notice served on the holder of a licence, require the holder to show cause why the council should not: (a) cancel the licence; (b) vary, in the manner specified in the notice, the conditions to which the licence is subject; or (c) suspend the licence for the period specified in the notice. (4) The council may, not less than 7 days after serving a notice under clause (1), by another notice in writing served on the holder of the licence on whom the notice was served under clause (1): (a) cancel the licence; (b) vary, in the manner specified in the notice, the conditions to which the licence is subject; or (c) suspend the licence for the period specified in the notice, being a period not longer than the period specified in the notice served under clause (3). 21 Operation of notice of cancellation etc. A notice served by the council under by-law 19 or 20(2) or (4) takes effect at the expiration of 7 days after the service of the notice. Division 4 Regulatory 22 General penalty A person who contravenes or fails to comply with these By-laws is liable on a finding of guilt to a penalty not exceeding $3 000 and, in addition, to a penalty not exceeding $100 for each day during which the offence continues after the first day on which the offence was committed.

Part 4 Dog management Division 1 Offences Coomalie (Dog Management) By-laws 2002 13 23 Fixed penalties (1) Despite by-law 22, a person who is alleged to have contravened or failed to comply with these By-laws and on whom a notice of infringement is served may pay to the council, as an alternative to prosecution, the sum specified by this by-law instead of the penalty that may otherwise be imposed under these By-laws. (2) For the purposes of this by-law: (a) a notice of infringement is to be in the form set out in Schedule 2; (b) a notice of infringement may be issued by an authorised person; (c) the sum specified by this by-law is $50 or, for a by-law specified in Column 1 of Schedule 3, the sum specified opposite in Column 2 of that Schedule; (d) the sum specified by this by-law may be paid to the clerk or to the person from time to time carrying out the duties of the cashier of the council; and (e) in order to avoid prosecution, the sum specified by this by-law is to be paid not later than 14 days after the date of service of the notice of infringement on the person. Part 4 Dog management Division 1 Offences 24 Exemptions By-laws 25, 26 and 27 do not apply to or in relation to: (a) a guide dog; or (b) any other dog determined by the council to be exempt from those by-laws. 25 Unregistered dogs (1) A person commits an offence if: (a) the person keeps within the council area a dog that is required under by-law 10 to be registered; and (b) the dog is not registered.

Part 4 Dog management Division 1 Offences Coomalie (Dog Management) By-laws 2002 14 (2) The occupier of premises within the council area commits an offence if: (a) a dog that is required under by-law 10 to be registered is kept on the premises; and (b) the dog is not registered. (3) An offence under clause (1) or (2) is a regulatory offence. (4) Clause (1) or (2) does not apply to: (a) a pound supervisor keeping a dog in a pound; (b) an approved incorporated body, formed and carried on for purposes that include the provision of services relating to animal welfare, keeping a dog in a refuge maintained by it; or (c) a veterinarian keeping a dog for the purposes of treatment. 26 Unlicensed premises (1) The occupier of premises commits an offence if: (a) the number of dogs (or dogs of a class or classes of dogs) kept on the premises exceeds the number of dogs determined by the council under by-law 15(1); and (b) the premises are not licensed. (2) Despite subsection (1), the occupier of the premises does not commit an offence if the number of dogs kept on the premises exceeds the permitted number of dogs only because of the presence of dogs that: (a) are under the age of 3 months; or (b) are not usually kept on the premises. 27 Compliance with notice or conditions (1) A person on whom a notice is served under these By-laws must comply with a requirement of the notice. (2) The holder of a licence granted or renewed under these By-laws must comply with a condition of the licence. (3) A registered owner of a dog must comply with a condition of registration of the dog.

Part 4 Dog management Division 1 Offences Coomalie (Dog Management) By-laws 2002 15 28 Offences in relation to identification device (1) If a person (who is not the owner of the dog) without reasonable cause removes an identification device from a registered dog, he or she commits an offence. (2) If a registered dog is at large without an identification device, the owner of the dog commits an offence. (3) It is a defence to a prosecution for an offence against clause (2) if the owner of the dog proves that the identification device was removed: (a) without the owner's permission and the owner had not had sufficient opportunity to replace the identification device; or (b) for a reasonable cause and the cause was still existent at the date of the alleged offence. (4) If a person fits an identification device to a dog that is not the dog for which the identification device was issued, he or she commits an offence. 29 Dogs at large (1) If a dog is at large and not under effective control, the owner of the dog commits an offence. (2) An offence under clause (1) is a regulatory offence. 30 Female dogs in oestrus (1) Subject to clause (2), the owner of a dog commits an offence if the dog is a female in oestrus and is in a public place. (2) This by-law does not apply in relation to a female dog that is under effective control and is being taken to: (a) a veterinarian for treatment; (b) a kennel for boarding; (c) a stud dog for breeding purposes; (d) a conformation show; or (e) another event or place approved by the registrar.

Part 4 Dog management Division 1 Offences Coomalie (Dog Management) By-laws 2002 16 31 Enticement If a person entices or induces a dog to act in a manner that would render the owner of the dog liable to prosecution for an offence under or against these By-laws, the person commits an offence. 32 Dogs attacking or menacing persons or animals (1) If, within the council area, a dog: (a) menaces a person or an animal; or (b) attacks a person or an animal, the owner of the dog commits an offence. (2) It is a defence to a prosecution for an offence under clause (1) if the owner of the dog proves that: (a) a person had, without the owner's permission, enticed the dog to menace or attack the person or animal; (b) the animal menaced or attacked was menaced or attacked on premises owned or occupied by the owner; or (c) the person menaced or attacked was menaced or attacked on premises owned or occupied by the owner and the person: (i) was on the premises for an illegal purpose; or (ii) was menaced or attacked other than when proceeding by the shortest practical route from a normal access point on a boundary of the premises to the door of the premises closest to that access point or from the door to the access point. 33 Dogs chasing vehicles (1) If, within the council area, a dog chases a vehicle (including a bicycle), the owner of the dog commits an offence. (2) An offence under clause (1) is a regulatory offence. 34 Dogs causing nuisance (1) If, within the council area, a dog (by itself or together with other dogs) is a nuisance, the owner of the dog commits an offence.

Part 4 Dog management Division 1 Offences Coomalie (Dog Management) By-laws 2002 17 (2) For the purposes of this by-law, a dog is a nuisance if it is injurious or dangerous to the health of the community or an individual, or behaves repeatedly in a manner contrary to the general interest of the community or an individual. (3) Without limiting clause (2), a dog is a nuisance if it: (a) creates a noise, by barking or otherwise, which persistently occurs or continues to a degree or extent that has a disturbing effect on the state of reasonable mental, physical or social well-being of a person; (b) repeatedly barks or otherwise repeatedly creates a noise when people or vehicles use a public place in the vicinity of the premises where the dog is kept; or (c) repeatedly defecates in a place or places causing annoyance to a particular person. (4) For the purposes of clause (3)(c), the dog is taken not to be a nuisance if the owner of the dog promptly removes the faeces and disposes of them in a public garbage receptacle or on his or her own property. 35 Abandoning dogs A person who abandons a dog in the council area commits an offence. 36 Obstruction of pound supervisor etc. (1) A person who obstructs or hinders a pound supervisor in the execution of his or her duties commits an offence. (2) A person commits an offence if he or she: (a) removes or attempts to remove a dog from the custody of an authorised person; or (b) except as provided for in these By-laws – removes or attempts to remove a dog from a pound. 37 Obstruction of officers etc. A person who obstructs or hinders an authorised person or officer or employee of the council, a contractor or sub-contractor to the council or employee of the contractor or sub-contractor in the proper execution of his or her work or duty under these By-laws commits an offence.

Part 4 Dog management Division 2 Enforcement Coomalie (Dog Management) By-laws 2002 18 38 Making false statement A person who, in making a statement required or permitted to be made in a document under these By-laws, knowingly makes a false statement commits an offence. 39 Offence in relation to sterilisation mark If the council has approved a mark under by-law 49, a person who marks, with the approved mark, a dog that has not been sterilised commits an offence. 40 Selling or disposing of a dog to another person (1) If a person is selling or disposing of a dog to another person, the person selling or disposing of the dog: (a) must not falsely hold out the dog to be sterilised; and (b) if the dog is held out to be sterilised-must provide proof of the sterilisation if requested. (2) A person who contravenes or fails to comply with clause (1) commits an offence. Division 2 Enforcement 41 Seizure etc. of dogs (1) An authorised person may seize: (a) an apparently dangerous, diseased, injured, savage, destructive, stray or unregistered dog; or (b) a dog that is at large and not under effective control. (2) If in the opinion of an authorised person it is necessary to do so, he or she may: (a) destroy a dangerous, diseased, injured, savage, destructive, unclaimed, unregistered or unwanted dog; or (b) apply to the Local Court for an order relating to the destruction of the dog. (3) For the purposes of this by-law, an authorised person may set cage traps to trap a dog.

Part 4 Dog management Division 3 Pounds and impounded dogs Coomalie (Dog Management) By-laws 2002 19 (4) An authorised person must ensure that any animal trapped in a cage trap referred to in clause (3) is removed from the trap as soon as practicable in order to minimise distress to the animal. 42 Dogs seized to be impounded (1) An authorised person who seizes a dog under these By-laws must, as soon as practicable: (a) deliver the dog to a pound; or (b) return the dog to its owner. (2) If a dog is returned to its owner in accordance with clause (1)(b), the authorised person must issue a notice of infringement to the owner, unless by-law 31 applies in the circumstances. Division 3 Pounds and impounded dogs 43 Establishment etc. of pounds (1) The council may: (a) establish a pound; or (b) make any arrangements that it thinks fit for the use of premises for impounding dogs under these By-laws. (2) The council may appoint persons that it thinks fit to be pound supervisors of a pound. 44 Notice of impounding (1) If a registered dog with an identification device is delivered to a pound, a pound supervisor must notify the registrar who must serve on the registered owner a notice, in the approved form, of the impounding of the dog. (2) If a dog with a collar on which the address of its owner is displayed is delivered to a pound, a pound supervisor must notify the registrar who may serve at that address a notice, in the approved form, of the impounding of the dog. (3) Except in accordance with clause (1) or (2), the registrar is not obliged to notify the owner of a dog of the impounding of the dog.

Part 4 Dog management Division 3 Pounds and impounded dogs Coomalie (Dog Management) By-laws 2002 20 45 Release of dogs from pounds (1) Subject to by-law 47, an impounded dog must not be released from the pound: (a) unless it is registered; (b) other than to the owner of the dog or to a person authorised to act as the owner's agent; and (c) unless the appropriate maintenance and release fees are paid to the council. (2) Clause (1)(a) does not apply to a dog that is not required under by-law 10 to be registered. (3) For the purposes of this by-law: (a) the burden of satisfying a pound supervisor that a person is the owner of the dog (or is authorised to act as the owner's agent) lies on the person; and (b) the burden of proof as to whether a dog is under the age of 3 months lies on the person averring the age of the dog. 46 Diseased dogs (1) If a pound supervisor who takes custody of a dog that has been seized under these By-laws: (a) notices or suspects that the dog is diseased; or (b) receives advice from a veterinarian that the dog is, or is suspected of being, diseased, the pound supervisor must: (c) isolate the dog from other dogs in the pound; and (d) notify the council of the dog's condition. (2) The council must serve on the owner, if known, of a dog isolated under clause (1) written notice that the dog is or is suspected of being diseased and that the council: (a) requires the dog to be destroyed; or (b) requires the dog to undergo a course of treatment specified in the notice.

Part 4 Dog management Division 3 Pounds and impounded dogs Coomalie (Dog Management) By-laws 2002 21 (3) In a notice served under clause (2), the council may require the owner of the dog to produce to the council (within the time specified in the notice) a report prepared by a veterinarian or a person specified in the notice relating to: (a) if the dog is not required to be destroyed-the diseased dog; or (b) all other dogs usually kept at the premises at which the diseased dog is or was kept. (4) A dog the subject of a notice under this by-law may be released from the pound in accordance with by-law 45 subject to any conditions that the council thinks fit. (5) The cost of treatment reasonably provided by a pound supervisor to a diseased dog, and to any other dog in the pound that was infected or was at risk of being infected by the diseased dog before the pound supervisor could reasonably isolate it, is a debt due and payable by the owner of the diseased dog to the council. (6) The owner of a dog who contravenes or fails to comply with a requirement of a notice served on him or her under clause (2), or a condition imposed in accordance with clause (4), commits an offence. 47 Destruction or disposal of impounded dogs (1) A pound supervisor may arrange for the destruction of an impounded dog if the dog is so diseased or injured that it is humane to destroy it. (2) A pound supervisor may arrange for the destruction of an impounded dog at the expiration of the number of days or hours determined by the council. (3) A pound supervisor may, instead of causing a dog to be destroyed under clause (2): (a) sell the dog-providing all appropriate maintenance costs incurred for the keeping of that dog are recovered in the sale; or (b) pass the property in the dog to an approved incorporated body that is formed and carried on for purposes that include the provision of services relating to animal welfare and sell or dispose of the dog as agent for that body.

Part 5 Miscellaneous Coomalie (Dog Management) By-laws 2002 22 48 Method of destruction of impounded dogs A dog in a pound must not be destroyed other than: (a) by a veterinarian or a person who is, in the opinion of a pound supervisor, qualified to destroy the dog; and (b) in a humane manner that causes the dog to die quickly and without unnecessary suffering. Part 5 Miscellaneous 49 Sterilisation (1) The council may approve a mark to be used to identify a dog that has been sterilised. (2) The council may approve a certificate of sterilisation to be issued to the owner of a dog that has been sterilised. (3) If the council has approved a form of certificate of sterilisation under clause (2), a veterinarian who sterilises a dog must give a certificate in the approved form to the owner of the dog. 50 Change of ownership of dog (1) A person who acquires ownership of a registered dog must, not later than 14 days after acquiring ownership, notify the registrar of: (a) the person's name and address; (b) the name of the person who was registered as the owner of the dog; and (c) the registration number of the dog. (2) The registered owner of a dog who changes his or her address must, not later than 14 days after the change, notify the registrar of the new address. (3) The registrar, on being notified of a change of ownership under clause (1) or of an address under clause (2), must amend the register accordingly. (4) A person who fails to comply with clause (1) or (2) commits an offence.

Part 5 Miscellaneous Coomalie (Dog Management) By-laws 2002 23 51 Dog races etc. (1) The council may, by notice in writing, exempt a person or body from the operations of by-law 28 or 29 (or both) for the purposes of a dog race, dog trial, dog show or while taking part in the activities of a dog obedience club or while using a dog to drive cattle or stock on a road or for any other purpose or event that the council determines. (2) An exemption under clause (1) may relate to a particular event or to a class of events and is subject to the conditions, if any, that the council thinks fit.

Schedule 1 Coomalie (Dog Management) By-laws 2002 24 Schedule 1 by-law 6 DETERMINATIONS Column 1 Column 2 Determinations Matters to be taken into account Registration (1) By-law 11(2) Application fee for registration or renewal of registration Fee may vary in respect of matters including the following: (a) the date of the application; (b) whether the owner presents (or presented at the time of initial registration or a subsequent renewal) a certificate of sterilisation in relation to the dog; (c) whether or not the applicant is a pensioner. (2) By-law 12(3)(d) Manner in which premises on which the dog is usually kept are to be fenced Manner may vary by reference to the size or breed or both the size and breed of the dog to be registered. Licences (1) By-law 16 Application fee for a licence or a renewal of a licence Fee may vary in respect of matters including the following: (a) the date of the application; or (b) whether or not the applicant is a pensioner.

Schedule 1 Coomalie (Dog Management) By-laws 2002 25 (2) By-law 17(4) Manner in which premises are to fenced Manner may vary by reference to the size or breed or both the size and breed of the dogs to be kept on the premises. (3) By-law 15 Number of: (a) dogs; or (b) dogs of a class of dogs that may be kept on premises without the licensing of the premises Determinations may be made under both paragraphs (a) and (b) and different determinations may be made in respect of different areas within the council area Maintenance and Release Fees By-law 45(1)(c) Daily fee to be paid in relation to the maintenance of a dog in a pound Fee to be paid on the release of a dog from a pound Destruction of Impounded Dogs By-law 47(2) Number of days or hours on the expiry of which the pound supervisor may arrange for the destruction of a dog Other Determinations The conditions not otherwise specifically dealt with in these By-laws on which the council will grant licences or registrations.

Schedule 2 Coomalie (Dog Management) By-laws 2002 26 Schedule 2 by-law 23 Local Government Act 2008 Coomalie (Dog Management) By-laws 2002 NOTICE OF INFRINGEMENT COOMALIE COMMUNITY GOVERNMENT COUNCIL To: D.O.B.: (name of alleged offender) of: (address of alleged offender) It is alleged that at at am/pm on 20 (place) (time) (date) you committed an offence as indicated below against the Coomalie (Dog Management) By-laws 2002: By-law: Offence: (nature of offence) Amount: $ In pursuance of by-law 23 of the Coomalie (Dog Management) By-laws 2002 you may pay to the council, instead of the penalty by which the offence is otherwise punishable, the amount shown above to the person at the address shown on the reverse of this notice, not later than 14 days after the date of service of this notice, in order to avoid prosecution. Dated 20 . Authorised person THIS NOTICE MUST ACCOMPANY PAYMENT PLEASE SEE REVERSE FOR IMPORTANT INFORMATION ABOUT THIS NOTICE

Schedule 2 Coomalie (Dog Management) By-laws 2002 27 (Reverse side of form) If you wish to pay the amount shown on the front of this notice, complete the following and return it and the amount in person or by post to the clerk or cashier (see addresses and payment options below). On payment, you will not be liable for a penalty or costs for this offence. Payment in full must be made within 14 days after this notice is served on you and must be accompanied by this notice. I, of tender the amount shown on the front of this notice, being assured that on payment of that amount no further action will be taken by the Coomalie Community Government Council for this offence. Signed: Date: 20 . If you wish to be dealt with by a court in relation to this offence, do not pay the amount shown on the front of this notice but complete the following and return it in person to the Clerk or by post to the Clerk (see addresses below). A summons may then be issued requiring you to appear before the Local Court to be dealt with in relation to this offence. I, of wish to be dealt with by a court in relation to this offence and, for that reason, have not paid the amount shown on the front of this notice. Signed: Date: 20 . Addresses: in person – To the Cashier Coomalie Community Government Council 141 Cameron Road BATCHELOR NT 0845 by post – To the Clerk Coomalie Community Government Council PO Box 20 BATCHELOR NT 0845 If you do nothing in response to this notice, one of the following may happen.

Schedule 2 Coomalie (Dog Management) By-laws 2002 28 EITHER A courtesy letter may be sent to you giving you a further 28 days from the date of the letter in which to pay the amount shown on the front of this notice. If you do not respond to the courtesy letter, a summons may be issued requiring you to appear before the Local Court to be dealt with in relation to this offence. OR You may not be given further time for payment. Instead, a summons may be issued requiring you to appear before the Local Court to be dealt with in relation to this offence.

Schedule 3 Coomalie (Dog Management) By-laws 2002 29 Schedule 3 by-law 23 Column 1 By-law Column 2 Amount $ 26(1) 100 29(1) 100 30(1) 100 31 100 32(1)(a) 100 32(1)(b) 250 33 100 34(1) 100

ENDNOTES Coomalie (Dog Management) By-laws 2002 30 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 Coomalie (Dog Management) By-laws 2002 (SL No. 66, 2002) Notified 11 September 2002 Commenced 11 September 2002 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Coomalie Amendment By-laws 2020 (SL No. 30, 2020) Notified 30 September 2020 Commenced 30 September 2020 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) to: bl 1, 5 and 52 and sch 2. 4 LIST OF AMENDMENTS bl 52 rep No. 30, 2020, bl 6 sch 2 amd Act No. 8, 2016, s 45

1 COOMALIE (DOG MANAGEMENT) BY-LAWS 2002

Several core legal and operational concepts structure the By-laws. Each concept has operational consequences that shift costs, duties and decision-making authority.

Registration and identification device. Registration is mandatory for dogs usually kept in the council area once over three months old (by-law 10). The council must issue a dog‑tag on registration (by-law 13). “Identification device” is a defined term and expressly includes dog‑tags, tattoos or other approved devices (by-law 5, definitions). The identification regime creates ongoing duties (for example, an owner’s offence if a registered dog is at large without an identification device (by-law 28(2)) and an offence if a non‑owner removes the device (by-law 28(1))). The registrar is tasked with maintaining registers in a medium the registrar chooses and extracts are receivable as evidence (by-laws 7-9).
Licensing of premises. The council may determine how many dogs, or numbers by class, may be kept on premises without a licence (by-law 15; Schedule 1). If an occupier keeps more than that number, a licence is required and applications must follow the approved form and pay fees (by-laws 16-17). The council evaluates facilities, numbers and likely local impact in licence decisions and may impose fencing conditions (by-law 17(3)-(4)). Licences are site‑specific and non‑transferable (by-law 17(7)).
Council determinations and discretion. By-law 6 and Schedule 1 give the council a broad power to determine fees, permitted dog numbers, fencing standards, maintenance and release fees, and number of days before destruction. Determinations are made by council resolution and must be published in a local newspaper as soon as practicable (by-law 6(4)). This is the primary mechanism turning the By-laws’ general requirements into specific local rules.
Offences and regulatory classification. The By-laws create both criminal penalties on conviction and lesser fixed penalties. Several offences are labelled “regulatory offences” (for example, keeping an unregistered dog (25(3)); dogs chasing vehicles (33(2))), which signals the availability of infringement and reduced enforcement processes (by-law 23 provides for infringement notices). The general penalty (by-law 22) covers contraventions not resolved by infringement; it establishes both an upper fine and a continuing daily penalty.
Authorised persons and enforcement tools. “Authorised persons” may issue infringement notices, seize and impound dogs, set cage traps and, in limited circumstances, destroy dogs if necessary (by-laws 23(2)(b), 41). The pound supervisor role and pound mechanisms are separate delegation points (by-law 43). Impounding triggers notification obligations where the dog is registered or if the collar bears an owner address (by-law 44). Release is contingent on registration and payment of maintenance/release fees (by-law 45).
Public nuisance and community wellbeing standard. The statutory purpose is the congenial living environment in by-law 3. The concept of nuisance (by-law 34) is defined by health risk or repeated conduct contrary to community interest; examples include persistent barking and repeated fouling of public places (by-law 34(3)). The nuisance standard is both behavioural and repeated; it imports a public‑interest balancing exercise into enforcement decisions.
Sterilisation marking and proofs. The council may approve a sterilisation mark and a certificate form (by-law 49(1)-(2)). If a form of certificate is approved, veterinarians must give the approved certificate to owners who sterilise dogs (by-law 49(3)). There are offences for falsely representing a dog as sterilised when selling (40) and for applying the sterilisation mark to a non‑sterilised dog (39).

Operational definitions that affect compliance and enforcement:

“Usually kept within the council area” is taken to be 3 months or more ignoring temporary absences (by-law 10(3)). That metric determines registration scope.
“At large” and “under effective control” are defined (by-law 5(2)-(3)); “effective control” requires restraint by a person over 12 holding a device no longer than 2.5 m or secure enclosure within a vehicle.
Preservation of administrative evidence: registrar’s entries and minutes of council are admissible by copy or extract signed by the registrar or clerk (by-law 9).

These concepts allocate choices: the council decides details through determinations; authorised officers exercise immediate field powers; owners bear most ongoing compliance costs (registration, collars, fencing, licence fees, impoundment costs, notification obligations).

The By-laws affect several identifiable groups differently. Who pays, who decides, and who faces sanctions are clear from the text.

Dog owners and occupants. Owners of dogs usually kept in the council area pay registration fees, must ensure an identification device is fitted and worn unless exempted, must comply with registration conditions and fencing requirements, and must notify the registrar of changes of ownership or address within 14 days (by-laws 10, 13, 12(8), 50). Owners face offences for failing to register (25), for having a dog at large and not under effective control (29), for nuisances (34), for enticement‑related matters (31) and for selling a dog falsely represented as sterilised (40). Owners also pay maintenance and release fees to retrieve impounded dogs, and are liable for treatment costs of diseased dogs in the pound (45(1)(c), 46(5)). The owner bears the burden of proof in particular matters: age under 3 months for exemption from registration (10(2)); proving ownership when collecting an impounded dog (45(3)(a)).
Occupiers of premises and breeders. Occupiers exceed the council-determined permitted number of dogs must hold a licence (15-17). Licensing is relevant to people who keep multiple dogs commercially or semi‑commercially; the council can refuse or impose conditions (17(3)-(4)). Occupiers pay licence fees and must meet fencing and facility standards determined by the council (Schedule 1; by-law 17(4)).
The council and its officers. The Coomalie Community Government Council makes determinations (by-law 6), appoints a registrar and pound supervisors (by-laws 7, 43(2)), maintains registers and may establish pounds or arrange use of premises for impounding (by-laws 8, 43). The council and officers determine whether to issue infringement notices, seize dogs, impound and, in some instances, destroy dogs (by-law 41). The council decides fee levels, fencing specifications, the number of dogs allowed without licence, maintenance and release fees and the timeframe for destruction of impounded dogs (by-law 6; Schedule 1).
Pound supervisors and authorised persons. Pound supervisors manage pounds, notify the registrar of impoundings (44), isolate diseased dogs and may destroy dogs where humane or after expiry of the council-determined holding period (46-48). Authorised persons have field enforcement powers to seize dogs and issue infringement notices (by-law 41; by-law 23(2)(b)). The role confers discretion to make operational welfare judgments (for example, whether an animal is diseased, injured or dangerous) and to set cage traps (41(3)).
Veterinarians and animal welfare bodies. Veterinarians are required to provide an approved sterilisation certificate if the council has approved a form (49(3)). Veterinarians and approved incorporated bodies may be excepted from some restrictions in limited circumstances , for example, veterinarians keeping dogs for treatment, approved incorporated bodies maintaining refuges (25(4)). Approved animal welfare bodies may accept transfers of impounded dogs (47(3)(b)).
The public and residents. The public are potential complainants, witnesses and victims of dog nuisance or attacks. The by-laws empower the council to act on complaints: repeated complaints about odour or unauthorised presence of a dog on other premises can be grounds for refusing registration (12(5)(e)). The nuisance provisions (34) are designed to protect residents’ enjoyment of local spaces.

Distribution of costs and decision rights. Owners and occupiers bear most monetary and compliance costs: registration/licence fees (by-law 6; Schedule 1), maintenance/release/medical costs for impounded/diseased dogs (by-laws 45(1)(c), 46(5)), and possible fines. The council decides the substantive parameters and exercises enforcement discretion through authorised officers and pound supervisors (by-laws 6, 23, 41, 43). The registrar performs administrative functions and is given evidentiary powers (by-laws 7-9).

The By-laws establish explicit duties, conditional rights and administrative timelines. Below are the principal ones with their operational effects.

Owner and occupier duties

Register dogs over 3 months usually kept within the council area (by-law 10). The registration application must be in the approved form and accompanied by the appropriate fee and other council‑required information (by-law 11(2)). The council must determine the application within 21 days either to register/renew (possibly conditionally) or to refuse (by-law 12(1)). If refused, fee refunded (12(2)).
Fit and maintain an identification device on registered dogs unless exempted by the registrar (by-law 13). Offences attach for removing identification device when done by a non-owner (28(1)) and for a registered dog being at large without an identification device (28(2)) subject to defences (28(3)).
Keep dogs under effective control in public places. “Effective control” is defined (by-law 5(3)) and a dog at large and not under effective control triggers an offence (29).
Comply with conditions of registration and licence; failure to do so is an offence (by‑laws 12(8), 27(2)-(3)).
Obtain a licence if the number of dogs exceeds council‑determined limits for the premises (by-laws 15-17). Licences are time limited (up to 12 months) and non‑transferable (17(7), 18).
Pay maintenance and release fees and produce proof of identity/ownership when collecting impounded dogs (by-law 45(1) and 45(3)(a)). The burden of proving a dog under three months lies on the person charged (10(2)).
Notify the registrar of change of ownership within 14 days and notify a change of address within 14 days (by-law 50(1)-(2)); failure to do so is an offence (50(4)).
When selling or disposing of a dog, do not misrepresent sterilisation and provide proof when requested (by-law 40).

Registrar and council duties and entitlements

The council must publish determinations (by-law 6(4)). Council decisions on registration and licences have specified time limits for resolution (12(1), 17(1)). The council keeps registers (by-law 8).
The registrar must keep a register of registered dogs, licences, and recorded offences; entries and extracts are admissible as evidence (by-laws 8-9).
The council may determine fees, fencing standards, numbers of dogs permitted, maintenance and release fees, and destruction timeframes (by-law 6; Schedule 1). These determinations are by council resolution.
The council may refuse to register or renew if the owner commits more than two offences in 12 months, if the dog has been impounded more than twice in 12 months, if the dog is destructive/dangerous/consistently a nuisance, if premises are not fenced as required, or if there are two or more complaints in 12 months regarding premises condition or unauthorised presence (by-law 12(3)-(5)).
The council can cancel, vary or suspend registrations and licences on request (by-law 19) and may issue show‑cause notices and then act not less than seven days after service (20-21).

Enforcement rights and procedures

Authorised persons may issue infringement notices and demand payment as an alternative to prosecution (by-law 23). The infringement process includes a 14‑day payment window; failure to pay may lead to summons or further enforcement steps as set out in Schedule 2.
Authorised persons may seize and impound dogs that are apparently dangerous, diseased, injured, savage, destructive, stray, unregistered, at large or not under effective control (by-law 41(1)). They may set cage traps (41(3)) and must remove trapped animals promptly (41(4)). If necessary, an authorised person may destroy specific categories of dogs (41(2)). Pound supervisors can arrange destruction or sale after the council‑determined holding period (47).
Pound supervisors must notify the registrar when a registered dog is impounded; they must isolate suspected diseased dogs and notify the council, which may require destruction or specified treatment (by-laws 44, 46).
A person served with a notice under clauses about cancellation must show cause; if the council proceeds, the notice takes effect seven days after service (by-law 21). This creates a short administrative timeframe for response.

Procedural protections and defences

Specific defences are provided: for identification device offences if the device was removed without the owner’s permission and owner had insufficient opportunity to replace it, or if removed for reasonable cause (28(3)); for attacks if the owner proves enticement, or that attack occurred on the owner’s premises and the person was on the premises illegally or off the normal access route (32(2)).
Exemptions exist for guide dogs and any other council‑determined exemptions (24).

Evidentiary rules and burdens

Registers and registrar statements are admissible as evidence without producing the whole register (by-law 9). Minutes of council meetings signed by the clerk are receivable as evidence of the council’s particulars (9(3)). The by-laws place several specific burdens of proof on accused persons (age under three months, ownership for release) (10(2), 45(3)(a)).

The By-laws combine an administrative enforcement track with criminal penalties on conviction. The text delineates maximum penalties, infringement options, and field enforcement powers.

Penalty framework

General criminal penalty: Contravention or failure to comply with the By-laws is punishable, on conviction, by a fine not exceeding $3,000 and, in addition, up to $100 for each day the offence continues after the first day it was committed (by-law 22). That creates a high upper limit and daily continuing liability for persistent non‑compliance.
Fixed‑penalty/infringement notices: By-law 23 permits an alleged offender to pay a fixed sum instead of facing prosecution. The default sum is $50 unless a different amount is specified for the particular by-law in Schedule 3 (23(2)(c)). Schedule 3 sets amounts for several specific by‑laws: e.g. by-law 26(1) (unlicensed premises) $100; 29(1) (dog at large) $100; 30(1) (female in oestrus in public) $100; 31 (enticement) $100; 32(1)(a) (menacing) $100; 32(1)(b) (attack) $250; 33 (chasing vehicles) $100; 34(1) (nuisance) $100. An authorised person may issue infringement notices (23(2)(b)); payment must be made within 14 days to avoid prosecution (23(2)(e)). Schedule 2 sets out the notice form and practical process, including court election options and addresses for payment.
Regulatory offence classifications: Several offences are designated regulatory offences (for example by-laws 25(3) and 33(2)). The regulatory label aligns with the infringement notice path and affects the enforcement approach available to the council.

Enforcement tools and operational risks

Seizure and impounding: Authorised persons may seize a range of dogs including dangerous, diseased, injured, savage, destructive, stray, unregistered or dogs at large and not under effective control (by-law 41(1)). Once seized, the dog must be delivered to a pound or returned to its owner as soon as practicable (41(2)). If returned, an infringement notice must be issued unless enticement applies (42(2)). Operationally, seizure creates immediate custodial, welfare and cost obligations for the council and generates costs for owners (maintenance and release fees).
Destruction powers: An authorised person may destroy a dangerous, diseased, injured, savage, destructive, unclaimed, unregistered or unwanted dog if the person considers it necessary (41(2)(a)). Pound supervisors may arrange destruction if the dog is so diseased or injured that it is humane to destroy, or at expiry of the council‑determined holding period (47(1)-(2)). Method of destruction is constrained: only by a veterinarian or a person the pound supervisor regards as qualified, and in a humane manner (48). These powers have welfare and litigation risk implications because they allow on‑the‑spot destruction in some instances and administrative destruction after a holding period in others.
Notice processes and short timelines: Where the council proposes to cancel or vary registration or licence otherwise than on request, it must serve a show‑cause notice and may act not less than seven days after serving that notice (by-laws 20-21). The seven‑day working timeframe is short and creates an administrative urgency for owners to respond.
Treatment costs and debt recovery: The owner of a diseased dog is liable for costs of treatment reasonably provided by a pound supervisor to the diseased dog and any other dogs infected or at risk before isolation (46(5)). That makes owners financially accountable for disease control in the pound.
Obstruction, false statements and sterilisation offences: The By-laws criminalise obstruction of pound supervisors and authorised persons (36-37), knowingly making false statements in required documents (38), misuse of sterilisation marks (39) and misrepresenting sterilisation when selling a dog (40). These offences broaden enforcement beyond animal control to include obstructive and deceptive conduct.

Operational enforcement procedure

Infringement notice form and process are detailed in Schedule 2. The notice explains the alleged offence, the amount payable, and gives the recipient the option to elect court proceedings rather than payment. The notice also sets out that, if the recipient does nothing, the council may send a courtesy letter granting an additional 28 days or proceed directly to summons (Schedule 2, reverse). This staged process gives the council administrative flexibility to obtain compliance or escalate to court.
Evidence and corporate record admissibility: Registrar statements and council minute extracts signed by the clerk are admissible in court without producing the whole register or minute book (by-law 9). That reduces procedural friction in prosecutions and evidentiary burdens for the council.

Practical enforcement implications

Owners face immediate on‑the‑spot actions by authorised persons, including seizure and destruction in specified cases. That requires owners to attend promptly to releases, pay fees and guard against repeat offences that could lead to refusal to renew or registration cancellation (12(3)-(5)).
The council’s determinations on fees, holding periods and permitted dog numbers determine the day‑to‑day economics of compliance; these determinations are a primary lever for operators and enforcement officers (by-law 6; Schedule 1).
The availability of infringement notices makes low‑level enforcement administratively efficient, but repeated non‑payment escalates to court action where the general penalty regime applies.

The By-laws are local legislation under the Local Government Act 2008 and interact with other legal frameworks and institutional arrangements. The source text indicates several explicit and implied points of interaction.

Local Government Act 2008. The By-laws are made “under the Local Government Act 2008” (title and Schedule 2 reference). The infringement notice form references the Local Government Act 2008 (Schedule 2 heading). The council’s power to make by-laws and determinations, to charge fees and to recover debts, is exercised within the local government statutory framework, and enforcement action is generally local government enforcement action.
Territory criminal and civil procedures. The By-laws create criminal offences and regulatory offences to be prosecuted in the Local Court (Schedule 2 refers to the Local Court process and the Local Court (Related Amendments) Act 2016 appears in endnotes). The by-laws’ evidentiary provisions (register extracts and registrar statements) are tailored to reduce formality in court and tribunal proceedings (by-law 9).
Veterinarians Act 1994. The definition of “veterinarian” references the Veterinarians Act 1994 (by-law 5 definition), and the duties on veterinarians to provide an approved sterilisation certificate (49(3)) create an intersection between professional practice obligations and local registration/sterilisation administrative processes.
Animal welfare and incorporated bodies. The by-laws provide exceptions for approved incorporated bodies formed for animal welfare and for veterinarians and allow the council to transfer impounded dogs to approved bodies (25(4), 47(3)(b)). That creates interplay with the legal status and functions of animal welfare organisations used as partners for rehoming or refuge functions.
Property and trespass law. The defence in by-law 32(2)(c) hinges on whether a person menaced or attacked was on the premises for an illegal purpose or was off the normal access route; the interaction with property law and trespass principles is explicit. Whether someone is on premises legally can affect criminal liability for the dog owner.
Administrative law and natural justice. The council must serve written reasons when it refuses registration or licence or imposes conditions (by-laws 12(7), 17(6)). The council must provide show‑cause notices and allow a minimum seven days before action (by-law 20-21). Those procedural steps embed basic administrative fairness, and decisions may be subject to judicial review under general administrative law principles, though the By-laws themselves set out the process.
Debt recovery and civil enforcement. Owner liabilities for treatment or maintenance fees are debts payable to the council (46(5); 45(1)(c)). The council can recover those debts and potentially enforce them under broader civil recovery mechanisms available to local governments.
Local Court amendments. The endnotes list the Local Court (Related Amendments) Act 2016 and Coomalie Amendment By-laws 2020 among amendments. Those references confirm that the local enforcement and court processes have been updated over time and that prosecutions and court matters are expected to follow Local Court procedures.

Absent cross-references and implied limits

The By-laws do not themselves create a comprehensive animal welfare code; they provide specific powers concerning disease, destruction and humane methods (41, 46, 48) but do not replace Territory animal welfare legislation that may impose broader duty‑of‑care obligations. The By-laws reference veterinarians but do not restate broader animal welfare obligations external to the text.
The By-laws do not specify who appoints “authorised persons” in detail beyond allowing authorised persons to issue infringement notices (23(2)(b)) and seizing powers (41). Appointment and delegation mechanisms likely derive from the council’s internal governance or the parent Local Government Act.

The source includes an endnotes section listing the instrument’s commencement and subsequent amendments up to the reprint date.

Original instrument and commencement. Coomalie (Dog Management) By‑laws 2002 (SL No. 66, 2002) were notified and commenced on 11 September 2002 (Endnotes 4).
Subsequent amendments and related Acts listed in endnotes:
- Local Court (Related Amendments) Act 2016 (Act No. 8, 2016). Assent date 6 April 2016 and commencement 1 May 2016 for identified sections; the endnotes record this Act as making amendments reflected in the reprint (Endnotes 2, 4). Schedule 2 is noted as amended by Act No. 8, 2016, s 45 (Endnotes 4).
- Interpretation Legislation Amendment Act 2018 (Act No. 22 of 2018) made general formal amendments of a non‑substantive nature to by‑laws 1, 5 and 52 and Schedule 2, as noted in the endnotes (Endnotes 3). The reprint reflects those formal changes.
- Coomalie Amendment By‑laws 2020 (SL No. 30, 2020) were notified and commenced on 30 September 2020; the endnotes show that by‑law 52 was repealed by SL No. 30, 2020 and that by‑law 6 was amended (Endnotes 2, 4). The front matter notes the reprint is “as in force at 30 September 2020”, so SL No. 30, 2020 changes are in the reprint.
Reprint date. The instrument is reprinted “as in force at 30 September 2020” (cover page). The endnotes list the legislative instruments relevant to that state.
Formal and procedural amendments. The interpretation act made formal technical amendments; the Local Court changes affected Schedule 2 and presumably court‑related references; the 2020 Coomalie Amendment By‑laws adjusted local provisions including by‑law 6 (determinative powers). The endnotes do not specify full textual content changes; they identify which clauses or schedules were affected.

What the reprint does not provide

The source does not include an explanatory memorandum or second‑reading speech text in the reprint; it supplies the statutory text and endnote references to amending instruments only. Where the council itself publishes its determinations, by-law 6(4) requires publication in a local newspaper as soon as practicable, but those council determinations are not reproduced in the reprint; they will sit outside the By-laws as local administrative instruments.

The reprinted text contains no case citations and no litigation history. The instrument’s schedules and by‑laws make repeated references to prosecution in the Local Court and the availability of infringement notices, but the source material does not name any decisions or judicial interpretations. Specifically:

There are no cases cited in the By-laws themselves.
The endnotes list amendments and the Local Court (Related Amendments) Act 2016 but do not record judicial review or appellate decisions interpreting the text.
Evidentiary provisions (by-law 9) are framed to facilitate proof in courts or tribunals, but the text does not report any litigation outcomes or precedent.

Consequently, legal practitioners seeking case law on interpretation of these specific Coomalie by‑laws will need to search local court records and databases for prosecutions or reviews since the By‑laws’ commencement. The By-laws’ language lends itself to factual enforcement disputes (for example over what counts as “usually kept”, “nuisance”, “destructive”, or whether a dog was “under effective control”), and these factual determinations are commonly litigated in local court settings; however, the reprint contains no recorded litigation outcomes to analyse.

These are practical pitfalls and friction points that arise directly from the text and that practitioners, owners and councils should note. Each item is tied to a specific provision.

Non‑transferability of registration and licence. Registration is not transferable to another dog and licences are not transferable to other premises (by-law 12(9); 17(7)). When ownership or premises change, new applications and fees may be required. This can catch purchasers or landlords who assume registration or licence benefits automatically transfer.
Short time limits and burdens of proof. Registration decisions and licence decisions must be made within 21 days (12(1), 17(1)). Cancellation/variation notices take effect seven days after service (by‑law 21). Change‑of‑ownership and address notifications are required within 14 days (50(1)-(2)), and infringement payments must be made within 14 days to avoid prosecution (23(2)(e)). Owners may thus face quick operational deadlines and short show‑cause windows.
Burden of proof on accused owners. The person charged with an offence for an unregistered dog bears the burden to prove the dog is under three months old (10(2)). Similarly, the person seeking to collect an impounded dog bears the burden of satisfying the pound supervisor they are the owner or authorised agent (45(3)(a)). These are inverted evidential burdens in routine enforcement contexts.
Council discretion on registration refusals. The council may refuse to register or renew registration on multiple grounds, including more than two offences in 12 months, more than two impoundings in 12 months, the dog being destructive/dangerous/consistently a nuisance, non‑compliant fencing, or multiple complaints about premises condition or unauthorised presence (12(3)-(5)). That discretion is broad and fact‑sensitive; owners facing repeated complaints or enforcement actions risk losing registration rights.
Immediate destruction authority in the field. An authorised person may destroy a dangerous, diseased, injured, savage, destructive, unclaimed, unregistered or unwanted dog if in the authorised person’s opinion it is necessary (41(2)(a)). This power to destroy on the spot can be exercised before court review and must be reconciled with animal welfare obligations. The method of destruction is regulated (48), but the threshold language “if in the opinion … necessary” creates significant field discretion.
Identification‑device offences with limited defences. Owners commit an offence if a registered dog is at large without an identification device (28(2)); while a defence exists (device removed without permission or reasonable cause) (28(3)), owners must still manage the collar/tag. Removing or fitting a device incorrectly is itself an offence (28(1), 28(4)).
Sale and sterilisation misrepresentations. Sellers must not falsely represent sterilisation and must provide proof if requested (40). The council can approve a sterilisation mark and certificate; misuse of a mark is an offence (39). Sellers and veterinarians must know the council’s approved certificate form; veterinarians are obliged to provide the certificate if a form is approved (49(2)-(3)).
Variable determinations create uncertainty. The council’s determinations under Schedule 1 can vary fees, fencing standards by breed/size, number of dogs allowed without licence by area, and maintenance/determination periods for destruction (by-law 6; Schedule 1). Owners must check current council determinations; the By-laws do not fix these elements.
Financial exposure for owners via daily penalties and debt recovery. The general penalty includes up to $100 per day for continuing offences (22). Owners of diseased dogs are liable for treatment costs for infected or at‑risk dogs in the pound (46(5)). Unpaid infringement notices may lead to summons and court action if ignored (Schedule 2).
Nuisance and repetition requirements. Nuisance under by-law 34 requires repetition in many stated examples (34(2)-(3)) and therefore isolated incidents may not meet the legal threshold. However, repeated minor transgressions can cumulatively lead to registration refusal or prosecution.
Exemptions are council‑determined and narrow. Guide dogs are explicitly exempt from certain by-laws (24); other exemptions require council determination. Reliance on unspecified exemptions without written council approval is risky.
Evidence admissibility cuts both ways. Registrar extracts and signed council minutes are admissible as evidence without producing registers or minutes (9). That can make administrative records decisive in court; ensuring accurate registers and minutes is therefore an operational priority.

This section translates statutory duties into concrete compliance steps for owners, occupiers, veterinarians and council officers grounded in the By-laws’ provisions.

Owners and occupiers , immediate checklist

Register eligible dogs:
- Register any dog usually kept in the council area that is over three months old (by-law 10).
- Use the approved form and pay the appropriate fee determined by council (by-law 11(2); by-law 6 and Schedule 1 for fee structure).
- Expect the council to decide within 21 days; retain proof of application and payment in case of dispute (by-law 12(1)-(2)).
Fit and maintain an identification device:
- Ensure the dog is fitted with the council-issued dog‑tag or other approved identification device and that it is worn except where the registrar grants an exemption (by-law 13).
- Keep a spare identification device and a record of the registration number to prove compliance if the collar is lost or removed.
Maintain effective control in public:
- Use a leash, cord or chain no longer than 2.5 m and ensure the handler is over 12 and competent, or keep the dog secure inside a vehicle, to meet the “effective control” test (by-law 5(3); by-law 29).
Licensing of premises:
- Check the council’s determination on the permitted number of dogs for premises in your area (by-law 15; Schedule 1). If you exceed the allowed number, apply for a licence using the approved form and pay the appropriate fee (by-law 16).
- Ensure fencing and facilities comply with any council‑determined standards and conditions (by-law 17(3)-(4)).
Keep records and certificates:
- Retain sterilisation certificates issued by veterinarians where the council approves a certificate form (by-law 49(2)-(3)).
- Maintain proof of any treatments, ownership transfers, vaccinations or veterinary certificates that may be requested by the council or pound supervisor.
Respond to notices and time limits:
- If served with a show‑cause notice or a notice of proposed cancellation/variation, act within the seven‑day show‑cause window to avoid automatic effect (by‑laws 20-21).
- Notify the registrar within 14 days of change of ownership or change of address (by-law 50).
Avoid conduct that produces complaints:
- Minimise behaviours that attract repeated complaints: nuisance barking, fouling public places, allowing dogs to be at large, allowing female dogs in oestrus to roam in public places, and aggressive/menacing behaviour (by-laws 34, 30, 29, 32). Repetition is a trigger for enforcement and registration refusals (12(5), 34).

If a dog is impounded

Verify registration details and ownership. The owner/collector bears the burden to satisfy the pound supervisor of ownership (45(3)(a)).
Pay maintenance and release fees and any required treatment costs for diseased dogs to secure release (45(1)(c); 46(5)).
If the dog was returned and an infringement notice issued, either pay the infringement within 14 days in accordance with Schedule 2, or elect to proceed to court; do not ignore the notice as it may lead to summons (by-law 23; Schedule 2 reverse).

For veterinarians

If the council approves a form for a sterilisation certificate, provide the approved certificate to the owner when you sterilise a dog (49(3)).
Be familiar with the council’s approved sterilisation mark and certificate so that you can provide owners with the correct documentation.

For sellers of dogs

Do not hold out a dog as sterilised if it is not; if the dog is represented as sterilised, produce proof on request (40(1)(a)-(b)). Misrepresentation is an offence (40(2)).

For councils and officers , administrative checklist

Make and publish determinations:
- Use the council’s by-law 6 powers to set fees, permitted numbers, fencing standards, maintenance and release fees, and holding periods for destruction. Publish determinations in a local newspaper as soon as practicable (by-law 6(4); Schedule 1).
Keep accurate registers and evidence:
- Appoint and resource a registrar to maintain registers in an appropriate medium, ensure entries are accurate and sign extracts and statements as required by by-law 9. This reduces litigation cost and evidentiary disputes.
Ensure procedural fairness in enforcement:
- When refusing registrations or licences, serve written reasons (12(7), 17(6)).
- Use the show‑cause and seven‑day notice procedures before cancellation where required (20-21).
Authorised personnel training and protocols:
- Authorised persons and pound supervisors need clear protocols on when to seize, impound, set cage traps and destroy dogs, including welfare standards in by-law 48. Ensure authorised persons understand the narrow circumstances for on‑the‑spot destruction and the obligation to remove trapped animals as soon as practicable (41(2)-(4); 48).
- Develop standard operating procedures for handling diseased animals and for notification of owners (44-46).
- Keep records of cage trap locations, removal times and welfare assessments.
Use the infringement process strategically:
- The fixed‑penalty route under by‑law 23 and Schedule 3 can be used for low‑level non‑compliance; keep clear records of notices and payments and follow Schedule 2 processes for arrears and summons.
Recordkeeping for complaint management:
- Given that multiple complaints within 12 months can be grounds for refusal to register, maintain a complaint register and evidence bundle demonstrating how complaints were investigated and remedied (12(5)(e)).
Cooperative arrangements with welfare bodies:
- Use approved incorporated bodies for rehoming and refuge functions and document transfer agreements; Schedule 1 contemplates transfers to approved welfare bodies for disposal or sale (47(3)(b)).

Good practice to reduce disputes

Owners should collar dogs with an address visible on the collar or keep current registration information so that pound supervisors can quickly identify owners and reduce impoundment costs and time (by-law 44(2)).
Councils should make determinations and current fee schedules easily available online and in a local newspaper to reduce uncertainty and disputes (by-law 6(4); Schedule 1).
Both sides should preserve documentary evidence: registration receipts, sterilisation certificates, veterinary reports, fencing compliance evidence, and records of complaints and remedial actions are decisive in administrative and court processes.

Following these steps will ensure the majority of compliance risks under the By-laws are managed. When in doubt, owners should treat infringement notices seriously: pay within the 14‑day window to avoid court or, if disputing the matter, elect court proceedings within the same period (Schedule 2).

COOMALIE (DOG MANAGEMENT) BY-LAWS 2002

Plain English Summary

Deep Dive

What it does

Current sections

COOMALIE (DOG MANAGEMENT) BY-LAWS 2002

Source text: opening excerpt

1 COOMALIE (DOG MANAGEMENT) BY-LAWS 2002

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply