Part 5Management of dogs

Part 5—Management of dogs Division 1—Offences relating to duties of owners and others responsible for control of dog 43—Dogs not to be allowed to wander at large (1) A person who owns or is responsible for the control of a dog is guilty of an offence if the dog is wandering at large. (a) if the dog is a dangerous dog or a dog of a prescribed breed—$10 000; (b) in any other case—$5 000. (a) if the dog is a dangerous dog or a dog of a prescribed breed—$1 000; (2) It is a defence to a charge of an offence against this section if it is proved that the defendant had taken all reasonable steps to prevent the dog from wandering at large. (3) If a person is found guilty of, or expiates, a subsequent offence, the court should, unless it is of the opinion that the circumstances of the particular case are exceptional, make one or more of the following orders in addition to imposing the penalty: (a) that the dog be disposed of in a specified manner within a specified period; (b) that the order for disposal be remitted in specified circumstances; (c) any other order (including an order as to costs and for compensation) that the court thinks fit. 44—Dogs not to be allowed to attack etc (1) A person who sets on or urges a dog to attack, harass or chase a person or an animal or bird owned by or in the charge of another person is guilty of an offence (whether or not actual injury is caused). Maximum penalty: $50 000 or imprisonment for 2 years. (2) A person who owns or is responsible for the control of a dog is guilty of an offence if the dog attacks, harasses or chases or otherwise endangers the health of a person or an animal or bird owned by or in the charge of another person (whether or not actual injury is caused). (a) if the offence results in the death of, or serious injury to, a person, animal or bird— (i) if the dog is a dangerous dog or a dog of a prescribed breed—$50 000; (ii) in any other case—$25 000; (b) in any other case— (i) if the dog is a dangerous dog or a dog of a prescribed breed—$25 000; (ii) in any other case—$10 000. (a) if the offence results in the death of, or serious injury to, a person, animal or bird— (i) if the dog is a dangerous dog or a dog of a prescribed breed—$1 500; (ii) in any other case—$1 000; (b) in any other case— (i) if the dog is a dangerous dog or a dog of a prescribed breed—$1 000; (ii) in any other case—$500. (3) A person who is guilty of an offence against subsection (1) is guilty of an aggravated offence if the offence relates to a dog that is a dangerous dog or a dog of a prescribed breed and, on conviction, the person is liable to a monetary penalty not exceeding double the monetary penalty, or imprisonment for a term not exceeding double the term, that would otherwise apply under that subsection for that offence. (4) It is a defence to a charge of an offence against this section if it is proved that the dog was at the time of the offence being genuinely used in the reasonable defence of a person or property, or for droving or removing an animal found trespassing. 45—Transporting unrestrained dogs in vehicles (1) If a dog is not physically restrained while being transported in the open tray of a utility, truck or other similar vehicle, the driver of the vehicle is guilty of an offence. (2) If an authorised person reasonably suspects that a vehicle has been used to transport a dog contrary to this section, the authorised person may apply to the Registrar of Motor Vehicles for the name and address of the registered owner of the vehicle. (3) For the purposes of this section, a dog is physically restrained while being transported in the open tray of a utility, truck or other similar vehicle if— (a) the dog is being transported within a cage or other like enclosure; or (b) the dog is securely tethered to the vehicle so that the dog cannot fall or escape from the vehicle. (4) This section does not apply to the transport of— (a) an accredited assistance dog; or (b) a dog that is being used in the droving or tending of stock or is going to or returning from a place where it will be, or has been, so used. 45A—Miscellaneous duties relating to dogs (1) A person who owns or is responsible for the control of a dog is guilty of an offence if the dog is on premises and causes injury to a person or property of a person lawfully entering those premises. (a) if the dog is a dangerous dog or a dog of a prescribed breed—$10 000; (b) in any other case—$5 000. (a) if the dog is a dangerous dog or a dog of a prescribed breed—$1 000; (b) in any other case—$750. (2) A person who owns or is responsible for the control of a dog is guilty of an offence if the dog (not being an accredited assistance dog) is in, or in the grounds of, a school, kindergarten, child care centre or pre-school centre without the permission of the person in charge of that place. (3) A person who owns or is responsible for the control of a dog is guilty of an offence if the dog (not being an accredited assistance dog) is in a shop, not being a pet shop, grooming parlour or premises used for the purposes of the practice of a veterinarian, without the permission of the shopkeeper. (4) A person who owns or is responsible for the control of a dog is guilty of an offence if the dog rushes at or chases a vehicle (other than on premises of which the person is the occupier). (5) A person who owns or is responsible for the control of a dog is guilty of an offence if the dog (either alone or together with other dogs, whether or not in the same ownership) creates a noise, by barking or otherwise, which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of a person. (6) A person who owns or is responsible for the control of a dog (not being an accredited assistance dog) is guilty of an offence if the dog defecates in a public place and the person responsible for the control of the dog does not immediately remove the faeces and dispose of them in a lawful and suitable manner. (7) A person who owns or is responsible for the control of a dog (not being an accredited assistance dog) is guilty of an offence if— (a) the dog defecates in a private place; and (b) unless the owner or occupier of the private place allows otherwise, the person responsible for the control of the dog does not immediately remove the faeces and dispose of them in a lawful and suitable manner. Maximum penalty: $1 250.