29Offences and liability relating to dog attacks

29 Offences and liability relating to dog attacks S. 29(1) amended by No. 55/2011 s. 4(1). (1) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units. S. 29(2) amended by No. 55/2011 s. 4(1). (2) If a dangerous dog, that is not a guard dog guarding non-residential premises, or a restricted breed dog attacks or bites any person or animal, the owner of the dog, if not liable for the offence under subsection (1), is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units. S. 29(3) amended by Nos 44/2010 s. 10, 55/2011 s. 4(2). (3) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 40 penalty units. S. 29(4) amended by Nos 44/2010 s. 10, 55/2011 s. 4(2). (4) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the owner of the dog, if not liable for the offence under subsection (3), is guilty of an offence and liable to a penalty not exceeding 40 penalty units. S. 29(5) amended by No. 55/2011 s. 4(2). (5) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the person in apparent control of the dog at the time of the attack or biting, whether or not the owner of the dog, is guilty of an offence and liable to a penalty not exceeding 10 penalty units. S. 29(6) amended by No. 55/2011 s. 4(2). (6) If a dog that is not a dangerous dog or a restricted breed dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog, if not liable for the offence under subsection (5), is guilty of an offence and liable to a penalty not exceeding 10 penalty units. (7) If a dog rushes at or chases any person, the person in apparent control of the dog at the time the dog rushed at or chased the first-mentioned person, whether or not the owner of the dog, is guilty of an offence and liable to a penalty of not more than 4 penalty units. (8) If a dog rushes at or chases any person, the owner of the dog, if not liable for the offence under subsection (7), is guilty of an offence and liable to a penalty of not more than 4 penalty units. (9) In any proceeding for an offence under this section, it is a defence to that offence if the incident occurred because— (a) the dog was being teased, abused or assaulted; or (b) a person was trespassing on the premises on which the dog was kept; or (c) another animal was on the premises on which the dog was kept; or (d) a person known to the dog was being attacked in front of the dog. (10) In any proceeding for an offence under subsection (3), (4), (5), (6), (7) or (8), it is a defence to that offence if the incident occurred as part of a hunt in which the dog was taking part and which was conducted in accordance with the **Prevention of Cruelty to Animals Act 1986**. (11) If a person is found guilty of an offence under this section with respect to a dog the court may, in addition to any other order made by the court, order that the person pay compensation for any damage caused by the conduct of the dog. S. 29(12) amended by No. 69/2017 s. 14. (12) If a person is found guilty of an offence under this section with respect to a dog, the court may order that the dog be destroyed by a Council authorised officer of the municipal district in which the offence occurred.