Dog Act 1976

Owner (s. 3(1)): the person who ordinarily keeps the dog. A registered owner is deemed to be the owner even after registration lapses unless they prove otherwise (s. 3(2)). A person recorded as owner in a microchip database is taken to be a keeper in the absence of contrary evidence (s. 3(3)). This layered deemed-ownership structure is the pivot on which liability turns throughout the Act.

Person liable for the control of the dog (s. 3(1)): a broader net that catches the registered owner, the owner, the occupier of keeping premises, and any person with physical possession or control. Veterinarians and police officers acting professionally are excluded.

Dangerous dog (s. 3(1)): three categories. A dangerous dog (declared) is an individual dog declared by local government under s. 33E after an attack, repeated threatening behaviour, or meeting prescribed conduct criteria. A dangerous dog (restricted breed) is any dog of a breed prescribed by regulation as restricted (or a cross of one). A commercial security dog is one kept primarily for guarding non-residential premises belonging to someone other than the owner. All three attract the heavier control obligations in Division 2 of Part VI.

Attack (s. 3(1)): includes aggressively rushing, biting, causing physical injury, tearing clothing, and conduct causing a reasonable person to fear injury, but excludes immediate responses to provocation unless the owner shows the behaviour was otherwise unjustified.

Provocation (s. 3(1)): expressly includes trespass onto the owner's land, assault or cruelty to the dog, an animal intruding on the owner's premises, and threats to a person or animal the dog could reasonably be expected to protect. Intentional provocation by a person liable for control is excluded.

Effectively confined (s. 3(1)): a fence or barrier sufficient to prevent escape, or in a mobile home, construction that allows the occupant to prevent escape.

Relevant pet shop business (s. 3(1)): a business conducted from a shop that supplies dogs to the public. Refuge operations and dog management facility operations are excluded from the definition, which is why only those two types of entity can hold a dog supply approval under s. 38O.

Centralised registration system (s. 13A): a state-wide electronic database maintained by the CEO combining dog registration, microchip, approval to breed, pet shop approval, and dog supply approval data.

Every person who keeps a dog in Western Australia aged three months or over is immediately affected by the registration and microchipping requirements. The Act creates compliance obligations for several distinct groups.

Private dog owners bear the core registration, microchipping, leash, confinement, attack-liability, and nuisance obligations. They face strict civil liability under s. 46 for attack-related injury without any need for the injured party to prove prior knowledge of the dog's dangerousness. Owners of dangerous dogs face substantially higher financial exposure and a more complex operational burden: prescribed enclosures, mandatory muzzling, adult-only handling outside enclosures, warning signs, 24-hour attack and location-change notification obligations, and, for restricted breed owners, mandatory sterilisation and a near-total ban on transferring ownership.

Occupiers of premises where dogs are kept are drawn into liability even if they are not the owner. The defence at s. 33B(b) allows an occupier to escape conviction by identifying the adult owner, but that requires active engagement.

Pet shop operators (persons conducting a relevant pet shop business) must hold a pet shop approval granted by the relevant local government (s. 38B), display their pet shop certificate (s. 38H), acquire dogs only from holders of a dog supply approval (s. 38G), give buyers a health certificate before supply (s. 38J), disclose the supplier's identity (s. 38I), and keep supply records for five years (s. 38K). Non-compliance carries a $10,000 fine in the most serious cases.

Rescue organisations and pound operators (conducting refuge operations or operating a dog management facility) are the only entities eligible for a dog supply approval under s. 38O. They must keep records for five years after each dog is supplied (s. 38V) and must obtain a veterinary health certificate for every dog supplied to a pet shop (s. 38N(2)).

Microchip implanters must notify the microchip database company within seven days of implanting a chip (s. 24).

Microchip database companies must maintain prescribed records (s. 25).

Livestock owners, farmers, and rural landholders have a targeted protection: they may shoot a dog attacking their animals if there is no other way to stop the attack, subject to prompt notification of police (s. 34(1)), and may destroy any unaccompanied dog found in an enclosed paddock (s. 34(2)).

Local governments administer and enforce the Act across their districts. They register dogs, appoint authorised persons, maintain dog management facilities, specify exercise areas, make local laws, process kennel establishment licences, grant pet shop approvals, handle dangerous dog declarations, and recover enforcement costs (ss. 9, 11, 14, 27, 31, 33E, 33M).

Registration (s. 7): every owner of a dog three months of age or older, and the occupier of premises where such a dog is kept, must ensure the dog is registered. Greyhounds registered under the Racing and Wagering WA Act 2003 are exempt while that registration is current. Registration runs to 31 October each year unless an extended or lifetime period is elected; dangerous dogs are restricted to annual registration (s. 15(3A)). The registered owner may appoint a delegate in writing to deal with the local government on registration matters (s. 16AA).

Microchipping (s. 21): all dogs three months or older must be microchipped as of 1 November 2015. Dangerous dogs face the same requirement with a minimum $500 penalty (s. 22). The only exemption is a veterinary certificate that implantation would harm the dog's health. Owners who transfer an unmicrochipped dog without such a certificate commit an offence (s. 26B). On transfer of a microchipped dog, the transferor must notify the microchip database company within seven days (s. 26C). Facility operators may have an unregistered, unmicrochipped impounded dog chipped at the owner's expense before release (s. 30A).

Leash control (ss. 30, 31): in public places, dogs must wear a collar and registration tag and must be held on a leash of prescribed length by a capable person, or be securely tethered for a temporary purpose. Local governments may by absolute majority designate exercise areas where leashing is not required (subject to supervision conditions under s. 32) and may prohibit dogs from specified public places entirely (s. 31(2B)). Greyhounds are additionally restricted: a person is conclusively deemed incapable of controlling a greyhound if they hold more than two at once (s. 33(2)(c)).

Confinement at private premises (s. 33A): a dog must not be at non-public premises without the occupier's consent, or in the case of a dangerous dog, without compliance with s. 33GA(6)(7)(8). Enclosed paddocks containing animals or birds require the animal owner's consent.

Dangerous dog obligations (s. 33GA): (1) prescribed collar and identifying information; (2) escape-proof and child-resistant enclosure; (3) muzzle when not enclosed; (4) adult capable handler when not enclosed; (5) warning signs at premises; (6) 24-hour notification of attacks, loss, ownership change, or change of keeping location to the local government. If a dangerous dog kills or endangers the life of a person, that is a crime carrying up to ten years' imprisonment under s. 33GA(11). Prosecution of that specific offence can only be commenced by a police officer (s. 44(4)).

Attack liability (s. 46): owners face strict civil liability for injury and property damage caused in the course of an attack, without proof of prior vicious propensity. Civil liability is not extinguished by a criminal conviction, and it is not a defence that the dog was not in the owner's possession unless the owner proves it was in the actual possession of another person without consent.

Nuisance (s. 38): persistent barking or behaviour contrary to the general interest of the community may result in an authorised person issuing a compliance order lasting six months. Breach carries a $5,000 fine for ordinary dogs and $10,000 for dangerous dogs.

Pet shop supply chain (Part VIA): pet shops must hold local government pet shop approval (s. 38B), source dogs only from holders of a dog supply approval (s. 38G), and provide a health certificate to buyers before supply (s. 38J). The dog supply approval is granted by the CEO (not local government) and is available only to operators of dog management facilities or refuge operations, not commercial breeders (s. 38O).

The Act uses a tiered penalty structure: almost every offence has a higher penalty track for dangerous dogs and a lower track for ordinary dogs, and the minimum penalty mechanism ensures that infringement notices cannot be used to completely avoid a financial consequence for serious dangerous-dog offences.

For ordinary dogs: failing to register, $5,000 (s. 7(1)(b)); failing to microchip, $5,000 (s. 21(1) and (2)); failure to notify change of ownership of microchipped dog, $5,000 (s. 26C); not wearing collar and tag in public, $5,000 (s. 30(2)); leash breach, $5,000 (s. 31(3)); attack causing physical injury, $10,000 (s. 33D(1)(b)); setting a dog to attack, $10,000 fine and 12 months imprisonment (s. 33D(2)(b)).

For dangerous dogs: failing to register, $10,000 (s. 7(1)(a)); failing to microchip, $10,000 minimum $500 (s. 22(2)); enclosure, collar, muzzle, handler, warning sign, and notification failures, $10,000 minimum $500 each (s. 33GA); attack causing physical injury, $20,000 minimum $1,000 (s. 33D(1)(a)); setting a dangerous dog to attack, $20,000 plus two years imprisonment minimum $1,000 (s. 33D(2)(a)); killing or endangering life, a crime with up to ten years imprisonment (s. 33GA(11)).

Pet shop offences: conducting relevant pet shop business without approval or sourcing from unapproved supplier, $10,000 (ss. 38B, 38G, 38K, 38L, 38N(1)); health certificate failures, $5,000 (ss. 38J, 38N(2)).

Modified penalties (infringement notices) are available for offences with a maximum of $10,000 or less, capped at 10% of the maximum (s. 45A). Payment of a modified penalty does not constitute an admission of liability for civil purposes but can be used as evidence of a dog's behaviour in dangerous dog and registration refusal proceedings (s. 45A(6)).

Courts convicting a person of an offence with a minimum penalty may order completion of a dog training course (s. 46A(1)). On a third or subsequent conviction, a court may ban the person from owning or keeping a dog permanently or for a specified period (s. 46A(2)); violation is contempt of court carrying up to 12 months imprisonment or a $5,000 fine (s. 46A(5)).

Enforcement is primarily by authorised persons (local government) and designated persons (CEO). Authorised persons may seize dogs in a wide range of circumstances including likely attack, dangerous dog registration non-compliance, and number limit breaches (s. 29(3)). They may enter non-dwelling premises without warrant to check for dangerous dog offences (s. 12A(4)) and may enter and search vehicles without warrant where they reasonably suspect a dog is present (s. 12A(5)). Seized dogs are impounded; owners must pay seizure costs, maintenance charges, and unpaid fees before release (s. 29(4)). Unclaimed dogs, or dogs where the registered owner declines to resume possession or moneys are unpaid, may be destroyed (s. 29(10)). A dog that cannot safely be seized may be destroyed in situ in a public place, or on private premises with occupier consent (ss. 29(13), (13a)).

Destruction of dangerous dogs follows a separate procedural path with mandatory written notices, objection rights, State Administrative Tribunal review, and minimum 10-day notice periods before destruction (s. 33G). Local governments may recover their administrative costs for managing dangerous dogs as a charge on top of registration fees (s. 33M).

The Act is expressly subject to the Highways (Liability for Straying Animals) Act 1983 to the extent of inconsistency (s. 6(2)), but that deference does not displace a dog owner's liability for attacks on highways (s. 6(3)).

The Act does not apply to Crown dogs (s. 6(4)). Public officers, including police, prison officers, armed forces members, and customs officers, are not guilty of offences merely by taking a dog into a place in performance of their functions (s. 6(5)-(6)).

Greyhounds registered under the Racing and Wagering Western Australia Act 2003 (s. 41 of that Act) are exempt from the Dog Act's registration requirement while that registration is current (s. 7(3)(d)), and are exempt from certain leash requirements while participating in a licensed race or trial (s. 31(2)).

Assistance dogs, defined with reference to organisations and qualifications prescribed under the Act (s. 8(1)), are exempt from registration fees (s. 15(4)) and may accompany disabled persons or trainers in any building open to the public and on public transport, overriding any other provision of the Act or other written law (s. 8(2) and (7)).

The Animal Welfare Act 2002 is cross-referenced repeatedly: conviction of an offence under that Act within five years can trigger registration refusal (ss. 16(3)(a), 17A(2)(a)) and constitutes grounds for cancellation of pet shop and dog supply approvals (ss. 38E, 38Q). Contravention of the Animal Welfare Act in connection with a pet shop business is also a ground for cancellation (s. 38E(e)).

The Cat Act 2011 shares the same recidivist offending trigger for registration refusal (s. 16(3)(a)) and the centralised registration system established under s. 13A may be used as the combined database for both Acts (s. 13A(6)).

The State Administrative Tribunal Act 2004 provides the review jurisdiction for dangerous dog declarations, destruction proposals, registration refusals, kennel licence cancellations, and approval decisions. The transitional provisions in the SAT Regulations (r. 47) addressed continuity of existing dangerous dog notices when review jurisdiction transferred from the courts.

The Criminal Code is expressly preserved: s. 33D(3) notes that the attack offences do not affect the duty under s. 266(2) of The Criminal Code or its provisions on dangerous things and omissions. Local government powers and the Act's enforcement regime are framed to operate alongside the Local Government Act 1995.

The Act commenced on 24 December 1976 (with one provision on 1 July 1977). The compilation table records the following amending Acts:

Dog Act Amendment Act 1977 (No. 57 of 1977), in force 23 November 1977; Dog Amendment Act 1983 (No. 64 of 1983); Dog Amendment Act 1987 (No. 23 of 1987), in force 1 November 1987, a substantial overhaul that inserted much of the leash control framework in what became Division 1 of Part VI; Local Government (Consequential Amendments) Act 1996 (No. 14 of 1996); Dog Amendment Act 1996 (No. 24 of 1996) which created the dangerous dog (declared) regime in Division 2 and the civil damages provisions; Transfer of Land Amendment Act 1996 s. 153(1); Acts Amendment (Land Administration) Act 1997 s. 141; Statutes (Repeals and Minor Amendments) Act 1997 s. 49; Statutes (Repeals and Minor Amendments) Act (No. 2) 1998 s. 29; Western Australian Greyhound Racing Association Amendment Act 1998 s. 20; Racing and Gambling Legislation Amendment and Repeal Act 2003 s. 220; Courts Legislation Amendment and Repeal Act 2004 s. 141; State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 (which transferred the court-based review jurisdiction to the State Administrative Tribunal); Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004; Planning and Development (Consequential and Transitional Provisions) Act 2005 s. 15; Land Information Authority Act 2006 s. 132; Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 47; Dog Amendment Act 2013 (No. 18 of 2013), in force 1 November 2013, a major amendment that inserted the microchipping regime (Division 2 of Part III), rewrote the nuisance provisions, inserted the dangerous dog offences in their current form including the 10-year crime in s. 33GA(11), and created the assistance dog framework; Public Health (Consequential Provisions) Act 2016 Pt. 3 Div. 11; Local Government Legislation Amendment Act 2019 Pt. 4 Div. 5; Veterinary Practice Act 2021 s. 230; Dog Amendment (Stop Puppy Farming) Act 2021 (No. 29 of 2021), which commenced in stages with the pet shop supply chain regime (Part VIA) and centralised registration system provisions commencing 28 November 2024. Several provisions of the 2021 Stop Puppy Farming Act remain uncommenced, including the approval-to-breed scheme and related kennel and number limitations.

The source does not name any decided cases. No case names, citations, or judicial outcomes appear anywhere in the text of the Act or its notes. The Act's notes reference transitional provisions in the State Administrative Tribunal Regulations 2004 (r. 47) dealing with how existing dangerous dog notices were treated when SAT review replaced court-based review, but no specific decisions are cited.

The "person liable for the control of the dog" definition (s. 3(1)) is wider than most owners expect. An occupier of premises where a dog is kept is liable even if they do not own the dog and did not release it. The defence (s. 33B(b)(ii)) requires the occupier to actively identify the over-18 adult owner; silence is not a defence.

The registered owner remains deemed to be the owner after registration lapses and after a change of hands, unless they positively prove otherwise (s. 3(2)). Selling a dog without completing the change-of-ownership notification under s. 16A within 28 days leaves the seller exposed to attack and nuisance liability until the register is corrected. The fine for failing to notify is itself $5,000.

A dog that has given birth to pups where at least one parent is a dangerous dog (restricted breed) triggers active enforcement: an authorised person may enter premises (by warrant or occupier consent) and seize every pup (s. 33G(2A)). Restricted breed pups under three months cannot be sold, advertised for sale, or given away in almost any circumstances (s. 33GC). The breeding prohibition in s. 33GD is absolute; there is no exception for accidental breeding.

Declarations as dangerous dogs (declared) survive ownership change (s. 33J). A buyer of a declared dog inherits all the obligations in Division 2. The seller must give written notice of the dangerous dog status to the buyer on or before transfer, and a copy of the s. 33F(1) declaration notice (s. 33K(4)). Failure is a $10,000 offence. Dangerous dogs (declared) must not be sold or transferred to anyone under 18 (s. 33GE).

The onus of proving that a dog is not a dangerous dog (restricted breed) lies on the person making that assertion (s. 45(2A)). In practice, if authorities allege a dog is a restricted breed, the owner must adduce evidence to displace the presumption, not the prosecution. This is a meaningful practical burden in enforcement proceedings.

Commercial security dogs are treated as dangerous dogs regardless of any individual behaviour history, simply by virtue of their guarding function (s. 3(1) definition). An operator of a security business using dogs on client premises must comply with the full dangerous dog regime, including the child-resistant enclosure requirement when access by others is possible during working hours (s. 33GA(4)).

The modified penalty (infringement notice) mechanism in s. 45A(6) has a hidden sting: payment of the penalty may be used as evidence of the dog's conduct in later dangerous dog declaration proceedings or registration refusal decisions. Paying to avoid a court appearance does not cleanly erase the incident from the record.

Under the pet shop supply chain regime, only a holder of a dog supply approval may supply dogs to a pet shop (s. 38N(1)), and that approval is available only to rescue organisations and pound operators (s. 38O(1)). Commercial breeders, by design, cannot supply dogs directly to pet shops. The supply chain also requires a veterinary health certificate for every individual dog supplied (s. 38N(2)). Pet shops must keep source records for five years even if the business closes (s. 38K(3)).

The self-incrimination protection for pet shop operators (s. 38M) and supply approval holders (s. 38Y) is qualified: compelled information is not admissible in criminal proceedings other than offences against the Act itself or perjury. This means regulators can compel disclosure of records that are then usable in proceedings for Dog Act breaches, which is likely the enforcement scenario of most practical relevance.

For a private dog owner: register each dog with the local government in the district where it is kept before it turns three months old, or within the time allowed after obtaining the dog (s. 7). Ensure the dog is microchipped by three months and notify the local government and the microchip database company within seven days of chipping (ss. 21, 23, 24). Attach a collar and current registration tag when the dog is in any public place (s. 30). In the metropolitan region or a townsite, keep the dog on a leash of prescribed length in public unless in a designated exercise area where supervision (with leash carried) is sufficient (ss. 31, 32). Confine the dog effectively at home to prevent escape (s. 33A). Notify the local government within 28 days of any change of ownership (s. 16A). If the dog attacks someone or another animal, expect a dangerous dog declaration process and engage with the objection or review process promptly: the declaration takes effect seven days after notice (s. 33F(3)) and the review window is equally short.

For an owner of a declared or restricted breed dangerous dog: comply with every obligation in s. 33GA simultaneously, not as alternatives. The dog must at all times either be in a compliant escape-proof, child-resistant enclosure or, when outside the enclosure, be muzzled, on a prescribed leash, and handled by a capable adult over 18. Display a prescribed warning sign at every entrance to the premises. Notify the local government within 24 hours of any attack, any time the dog goes missing, any change of keeper location, or any change of ownership (s. 33K(2)). If the dog is a restricted breed, sterilise it as required by s. 33GB and do not breed from it or sell it. On any transfer of a declared dog, give written notice of the dangerous dog status and a copy of the declaration notice to the incoming owner (s. 33K(4)) and ensure the recipient is over 18 (s. 33GE).

For a pet shop operator: obtain a pet shop approval from the relevant local government before commencing business (s. 38B). Source dogs only from persons holding a CEO-issued dog supply approval (s. 38G). Before each supply, obtain and provide to the buyer a copy of the dog's health certificate (s. 38J) and disclose the supplier's identity and the pet shop number (s. 38I). Display the pet shop certificate publicly (s. 38H). Maintain source records for five years for each dog (s. 38K). Respond to any local government record requests within the specified time (s. 38L).

For a rescue organisation or pound seeking to supply to pet shops: apply to the CEO for a dog supply approval under s. 38O. If approved, commission a veterinary health certificate for each dog before supply (s. 38N(2)). Maintain records of source and history for each dog supplied, for five years (s. 38V). Notify the CEO of any change to approval information within seven days (s. 38T). Respond to CEO and local government information requests within specified timeframes (ss. 38W, 38X).

For kennel establishment operators: obtain a licence under s. 27 if the number of dogs on the premises exceeds the limit set by local law, and operate in accordance with any conditions imposed. Renewal is annual and the local government may cancel with at least three months notice.