Div 1BCourt's power to make orders in criminal proceedings

Division 1B—Court's power to make orders in criminal proceedings 47—Court's power to make orders in criminal proceedings (1) If a person is found guilty of an offence against this Act, the court may, in addition to, or instead of, imposing a penalty, make one or more of the following orders: (a) that the dog be destroyed or disposed of in a specified manner within a specified period; (b) that the order for destruction or disposal be remitted in specified circumstances; (c) that the dog be registered under this Act; (ca) that the dog be identified in a specified manner; (cb) that the dog be seized and detained for a period specified in the order or until further order of the court; (d) that the dog be controlled in a specified manner; (e) that specified action be taken within a specified period to abate any danger or nuisance posed by the dog; (ea) that the dog be desexed; (eb) that any other dog owned by the person, or for the control of which the person is responsible, be destroyed or disposed of in a specified manner within a specified period; (f) that the person not acquire another dog for a specified period or until further order of the court; (g) that the person pay compensation for injury, damage or loss suffered by a person as a result of the actions of the dog; (h) any other order that the case requires. (2) An order must state to whom it is directed. (3) A person who fails to comply with an order made against the person under this section is guilty of an offence. (4) An order under this section binds the person against whom it is made despite the fact that the ownership or control of the dog has changed or is not known, or that the dog is no longer being kept in the same place, unless, on application to the Magistrates Court, the Court is satisfied that the changed circumstances are such that the order should be varied. (5) If an order under this section is contravened, an authorised person may take reasonable steps to give effect to the order and the council within the area of which the dog subject to the order is kept may recover the cost of that action as a debt from a person who owns or is responsible for the control of the dog. Division 2—Directions relating to management of dogs 48—Authorised officers may give directions (1) An authorised officer may, by notice in writing, give a person who owns or is responsible for the control of a dog or dogs such directions as the authorised officer considers necessary or appropriate— (a) to prevent the commission of an offence against Division 1, or any other offence prescribed by the regulations; or (b) to prevent or manage behaviour of the dog or dogs that would, if the behaviour continues or is repeated, constitute grounds on which an order under Division 3 may be made. (2) Without limiting the matters that may be the subject of a direction under this section, a direction may require a person to take, or to cease, such action as may be specified in the direction. (3) A direction under this section— (b) must be recorded by the authorised officer in a manner and form approved by the Board; and (c) takes effect when the authorised officer first gives the written notice to the person; and (d) may be conditional or unconditional; and (e) may relate to 1 or more dogs; and (f) must comply with any other requirements set out in the regulations. (4) A direction under this section may be revoked by an authorised officer by written notice to the person to whom the direction was given. (5) A person who contravenes a direction under this section is guilty of an offence. Expiation fee: $500. (6) If a direction under this section is contravened, an authorised officer, or a person authorised by the relevant council for the purpose, may take any action required under the direction. (7) The reasonable costs and expenses incurred in taking action under subsection (6) may be recovered by the relevant council as a debt from the person who contravened the direction. Division 3—Destruction and control orders 50—Destruction and control orders (1) A council or the Board may, in accordance with this Division, make an order of any of the following classes in relation to a specified dog: (a) a Destruction Order; (b) a Control (Dangerous Dog) Order; (c) a Control (Menacing Dog) Order; (d) a Control (Nuisance Dog) Order; (e) a Control (Barking Dog) Order. (2) A Destruction Order requires— (a) the dog to be destroyed within the period specified in the order (but not less than one month after the date the order takes effect); and (b) the dog, until destroyed, to be kept or detained at a place specified in the order (or at some other place subsequently approved by the council or the Board (as the case requires)). (3) A Control (Dangerous Dog) Order requires— (a) if the dog has not been desexed—the dog to be desexed within the period specified in the order; and (b) if the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and (c) the dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and (d) the dog, at all times, to wear a collar that complies with the requirements of the Board (except while the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog); and (e) the dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier— (i) to have a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and (ii) to be under the effective control of a person by means of physical restraint; and (f) warning signs (complying with the requirements of the Board) to be prominently displayed at all entrances to premises where the dog is usually kept warning people that a dangerous dog is kept on the premises; and (g) the dog or the person or both to undertake such approved training courses as may be specified in the order; and (h) all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order. (4) A Control (Menacing Dog) Order requires— (a) if the dog has not been microchipped—the dog to be microchipped within the period specified in the order; and (b) the dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and (c) the dog, at all times, to wear a collar that complies with the requirements of the Board (except while the dog is suffering from injury, disease or sickness to the extent that the wearing of a collar would be injurious to the health of the dog); and (d) the dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier— (i) to have a muzzle securely fixed on its mouth capable of preventing it from biting any person or animal; and (ii) to be under the effective control of a person by means of physical restraint; and (da) the dog or the person or both to undertake such approved training courses as may be specified in the order; and (e) all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order. (5) A Control (Nuisance Dog) Order requires— (a) the dog, while on premises of which the person who is responsible for the control of the dog is the occupier, to be kept indoors or for the premises to be fenced so as to prevent the dog escaping from the premises; and (b) the dog, except while confined to premises of which the person who is responsible for the control of the dog is the occupier, to be under the effective control of a person by means of physical restraint; and (c) all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order; and (d) the dog or the person or both to undertake such approved training courses as may be specified in the order. (6) A Control (Barking Dog) Order requires— (a) all reasonable steps to be taken to prevent the dog repeating the behaviour that gave rise to the order; and (b) the dog or the person or both to undertake such approved training courses as may be specified in the order. (7) In this section— approved training course means a training course approved for the time being by the Board for the purposes of this section. 51—Grounds on which orders may be made (1) A council or the Board may make an order in relation to a dog under this Division if satisfied that— (a) in the case of a Destruction Order— (i) the dog is unduly dangerous; and (ii) the dog has attacked, harassed or chased a person or an animal or bird owned by or in the charge of a person (whether or not actual injury is caused); or (b) in the case of a Control (Dangerous Dog) Order— (A) is dangerous; and (B) has attacked, harassed or chased a person or an animal or bird, or is likely to do so (whether or not actual injury is caused); or (ii) the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Dangerous Dog) Order; or (c) in the case of a Control (Menacing Dog) Order— (A) is menacing; and (B) has attacked, harassed or chased a person or an animal or bird, or is likely to do so (whether or not actual injury is caused); or (ii) the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Menacing Dog) Order; or (d) in the case of a Control (Nuisance Dog) Order— (A) is a nuisance; and (B) has attacked, harassed or chased a person or an animal or bird, or is likely to do so (whether or not actual injury is caused); or (ii) the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Nuisance Dog) Order; or (e) in the case of a Control (Barking Dog) Order— (i) the dog is a nuisance; and (ii) the dog has created an unreasonable amount of noise by barking. (2) To avoid doubt, a council or the Board may make an order in relation to a dog under this Division— (a) whether or not a person has been charged with an offence against this or any other Act in relation to the behaviour of the dog to which the order relates; or (b) in circumstances where a person has been charged with an offence against this or any other Act in relation to the behaviour of the dog to which the order relates but is found not guilty of the offence (except where the court has made a finding that the dog did not, in fact, engage in the behaviour to which the order relates). 52—Procedure for making and revoking orders (a1) A council or the Board may make an order under this Division on its own initiative or on an application made in a manner and form determined by the council or the Board (as the case requires). (1) Before making an order under this Division in relation to a dog, the council or the Board (as the case requires) must take reasonable steps— (a) to ascertain all persons who own or are responsible for the control of the dog; and (b) to give each of the persons so ascertained at least 7 days written notice— (i) identifying the dog in relation to which it is proposed that the order be made; and (ii) setting out the terms of the proposed order; and (iii) inviting the owner or other person to make submissions to the council or the Board in respect of the matter within 7 days or such longer period as is allowed by the council or the Board (as the case requires). (2) An order made by a council— (b) must be noted in the register kept by the council under this Act; and (c) takes effect when the council first gives a copy of the order to a person who owns or is responsible for the control of the dog. (3) The council or the Board (as the case requires) must take reasonable steps to give a copy of the order to each person who owns or is responsible for the control of the dog. (4) An order made by a council may be revoked by the council by written notice to a person who owns or is responsible for the control of the dog. (5) A note of the revocation must be entered in the register kept by the council under this Act. (6) An order made by the Board— (a) takes effect when the Board first gives a copy of the order to a person who owns or is responsible for the control of the dog; and (b) may be revoked by the Board by written notice to a person who owns or is responsible for the control of the dog; and (c) must, at the request of the Board, be noted in the register kept under this Act by the council in whose area the dog is usually kept. 54—Application of orders (1) An order under this Division binds any person who, for the time being, owns or is responsible for the control of the dog. (2) If a dog is usually kept in an area other than the area of the council that imposed the order, the order continues to apply as if it were an order of the council of the area in which the dog is usually kept. 55—Contravention of order (1) If an order under this Division is contravened, any person who owns or is responsible for the control of the dog is guilty of an offence. (a) in the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$10 000; (b) in the case of a contravention of a Control (Nuisance Dog) Order—$5 000; (c) in the case of a contravention of a Control (Barking Dog) Order—$2 500. (a) in the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$750; (b) in any other case—$500. (2) It is a defence to a charge of an offence against this section if it is proved that the defendant was not, at the time of the alleged offence, aware that the order was in force. (3) If an order under this Division is contravened, an authorised person may take reasonable steps to give effect to the order and the cost of that action may be recovered as a debt from a person who owns or is responsible for the control of the dog. 56—Notification to council (1) A person who owns or is responsible for the control of a dog subject to an order under this Division must inform the council of the area in which the dog is usually kept as soon as practicable if— (a) the dog attacks a person or an animal or bird owned by or in the charge of a person; or (b) the dog is missing; or (c) the dog dies; or (d) the ownership of the dog changes. (a) if the dog is a dangerous dog or a dog of a prescribed breed—$500; (2) If the place at which a dog subject to an order under this Division is usually kept changes, a person who owns or is responsible for the control of the dog must, as soon as practicable, inform— (a) the council of the area from which or within which the dog is moved; and (b) if the dog is moved into another council area—the council of that area. (a) if the dog is a dangerous dog or a dog of a prescribed breed—$2 500; (b) in any other case—$1 250. (a) if the dog is a dangerous dog or a dog of a prescribed breed—$315; (b) in any other case—$210. (3) Information given to the Registrar under this section must include such details as the Registrar may reasonably require. (4) In the case of an order made by the Board, the Registrar must notify the Board of any information received under this section. 57—Notification of order to proposed new owner of dog Before ownership of a dog subject to an order under this Division changes, the person proposing to transfer ownership must inform the person to whom ownership is to be transferred about the order. Expiation fee: $500. 59—Power of court to order destruction or control of dog on application If a dog is shown to be unduly dangerous, the Magistrates Court may, on application, make any order in relation to the dog that a court could have made if the proceedings had been criminal proceedings under this Act (and the order takes effect as if it had been made in such proceedings).