LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017 (Northern Territory)

The Litchfield Council (Dog Management) By‑laws 2017 establish a local regulatory framework for dogs in the Litchfield Council area. Mechanically, the instrument does these things:

Creates registration and licensing regimes. It requires dogs kept in the Council area for 3 months or longer to be registered (by‑law 9(1)). The Council may set a maximum number of dogs permitted on premises without a licence and may grant licences for keeping dogs on premises (by‑laws 13(1), 14(1)).
Sets mandatory microchipping as a condition of registration (by‑law 8(4); definition of microchip in by‑law 2).
Confers powers to authorise persons, seize and impound dogs, operate pounds, and destroy or treat diseased animals where necessary (by‑laws 3, 32, 33, 36, 37).
Provides a regime for declaring dangerous dogs, and attaches detailed registration conditions for dangerous dogs including containment, signage, leash and muzzle requirements, and notification obligations for attacks, relocation, disappearance and death (by‑laws 19, 21).
Allows the Council to declare dog exercise areas and dog restriction areas, and prescribes consultation steps before declarations (by‑laws 22, 23).
Creates a set of offences relating to containment, being at large, menacing, attacking, nuisance behaviour, abandonment, enticement, chasing vehicles, and obstruction or misleading officers, with maximum penalties and a mix of strict liability and defences such as reasonable excuse or specified defences (by‑laws 24-31, 45-46).
Implements an infringement notice scheme for specified offences with prescribed penalty units and processes for issuing, withdrawing and expiation (Part 3; by‑laws 38-43 and the Schedule).
Requires registers be maintained (by‑law 3), and provides evidentiary weight to extracts or statements from the CEO (by‑law 4). Part IIAA of the Criminal Code applies to offences under these by‑laws (by‑law 5).

NORTHERN TERRITORY OF AUSTRALIA LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017 As in force at 5 July 2017 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Definitions ........................................................................................ 1 3 Registers ......................................................................................... 4 4 Matters of evidence ......................................................................... 5 5 Application of Criminal Code ........................................................... 5 Part 2 Control of dogs Division 1 Preliminary matters 6 Interpretation ................................................................................... 5 7 General exemption for assistance dogs .......................................... 6 Division 2 Registration of dogs 8 Special considerations in determination of application for registration ....................................................................................... 6 9 Unregistered dogs ........................................................................... 7 10 Failure to comply with a condition of registration ............................. 8 11 Change of ownership ....................................................................... 8 12 Change of address .......................................................................... 9 Division 3 Licensing of premises 13 Requirement for licence ................................................................... 9 14 Licensing of premises .................................................................... 10 15 Failure to comply with a condition of licence.................................. 11 Division 4 Cancellation, variation or suspension of registration or licence 16 Cancellation, variation or suspension of registration or licence by request ...................................................................................... 11 17 Cancellation, variation, or suspension of registration or licence otherwise than by request.............................................................. 11 18 Operation of notice of cancellation ................................................ 12

Litchfield Council (Dog Management) By-laws 2017 ii Division 5 Dangerous dogs 19 Dangerous dog .............................................................................. 12 20 Revocation of declaration .............................................................. 12 21 Registration of dangerous dog....................................................... 13 Division 6 Dog exercise areas and dog restriction areas 22 Dog exercise areas ........................................................................ 14 23 Dog restriction areas ..................................................................... 15 Division 7 Offences 24 Containment of dog ....................................................................... 16 25 Dog at large ................................................................................... 16 26 Enticement..................................................................................... 17 27 Dog menacing person or animal .................................................... 17 28 Dog attacking person or animal ..................................................... 18 29 Dog chasing vehicle ...................................................................... 19 30 Dog causing nuisance ................................................................... 19 31 Abandoning dog ............................................................................ 20 Division 8 Enforcement 32 Seizure of dogs.............................................................................. 20 Division 9 Pounds 33 Pounds .......................................................................................... 21 34 Notice of impounding ..................................................................... 21 35 Release of dogs from pounds ........................................................ 21 36 Diseased dogs ............................................................................... 22 37 Disposal of impounded dogs ......................................................... 23 Part 3 Infringement notice offences 38 Infringement notice offence and prescribed amount payable ........ 23 39 When infringement notice may be given ........................................ 24 40 Contents of infringement notice ..................................................... 24 41 Electronic payment and payment by cheque ................................. 25 42 Withdrawal of infringement notice.................................................. 25 43 Application of Part ......................................................................... 25 Part 4 Miscellaneous matters 44 Removal or disposal of animal remains ......................................... 26 45 Obstruction of officers .................................................................... 26 46 Misleading information ................................................................... 26 47 Exemption for events ..................................................................... 28

Litchfield Council (Dog Management) By-laws 2017 iii 48 Council may charge fee for service ............................................... 28 Part 5 Repeals and transitional matters Division 1 Repeals 49 Repeals ......................................................................................... 28 Division 2 Transitional matters for Litchfield Council (Dog Management) By-laws 2017 50 Dogs taken to be registered........................................................... 29 51 Offence provisions – before and after commencement ................. 29 Schedule Infringement notice offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 5 July 2017

LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017 By-laws under the Local Government Act 2008 Part 1 Preliminary matters 1 Citation These By-laws may be cited as the Litchfield Council (Dog Management) By-laws 2017. 2 Definitions In these By-laws: abandon, in relation to a dog, includes: (a) deliberately leaving the dog at premises or in a public place; and (b) failing to obtain the release of the dog from a pound. animal means an animal that is kept on private premises in the Council area, and includes dogs, cats, birds and reptiles. approved means approved by the Council. attack, in relation to the actions of a dog, means an action of a dog that involves: (a) the dog rushing at, biting, chasing or menacing a person or another animal; and (b) the dog 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. authorised person means a person appointed under section 112(1) of the Act by the Council to be an authorised person.

Part 1 Preliminary matters Litchfield Council (Dog Management) By-laws 2017 2 CEO means the Chief Executive Officer of the Council. Council means the Litchfield Council. Council area means the Litchfield local government area. dangerous dog means a dog declared under by-law 19 to be a dangerous dog. determined means determined by the Council by resolution. dog means an animal of the genus Canis. dog exercise area means an area declared under by-law 22. dog restriction area means an area declared under by-law 23. former By-laws, see by-law 49. infringement notice, see by-law 39. infringement notice offence, see by-law 38(1). licence: (a) means a licence granted under these By-laws for the keeping of dogs on the premises in respect of which the licence is granted; and (b) includes a licence that has been renewed. menace, in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person: (a) that the dog is likely to attack: (i) the person; or (ii) an animal owned or in the control of the person; or (iii) another person; or (b) that the dog may escape or be released from restraint to attack a person or animal as mentioned in paragraph (a). microchip means an identification device: (a) that complies with the following Australian Standards: (i) AS 5018 – 2001 Electronic Animal Identification – National coding scheme;

Part 1 Preliminary matters Litchfield Council (Dog Management) By-laws 2017 3 (ii) AS 5019 – 2001 Electronic Animal Identification – Radiofrequency methods; and (b) that can be implanted in a dog; and (c) that is designed to record information in a way that it can be electronically retrieved. officer means any of the following: (a) an authorised person; (b) an officer or employee of the Council. owner, in relation to: (a) a dog, means: (i) the registered owner of the dog; or (ii) the person for the time being in control of the dog; and (b) an animal (other than a dog) – means the person for the time being in control of the animal, unless another person is established to be the owner of the animal. pound means a pound established or maintained in accordance with Part 2, Division 9. premises includes: (a) a building; and (b) land (whether built on or not). prescribed amount, see by-law 38(2). properly contained, in relation to a dog, means the dog is: (a) kept within a fenced area from which the dog is unable to escape; or (b) kept inside a building or other enclosure from which the dog is unable to escape; or (c) confined or restrained on a property in an appropriate manner.

Part 1 Preliminary matters Litchfield Council (Dog Management) By-laws 2017 4 public place includes: (a) every place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of the place; and (b) every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only; and (c) every road, street or pathway that the public are allowed to use, even if the road, street or pathway is formed on private property; and (d) land reserved under a law of the Territory for use by the public or members of the public. register means a register kept under by-law 3. registered, in relation to a dog, means registered under these By-laws. registered owner, in relation to a dog, means the person specified in the appropriate register as the owner of the dog. vehicle means a conveyance or other device designed to be propelled or drawn by any means and includes a bicycle, tricycle, motor vehicle, wheelchair or mobility device and, where the context allows, an animal being driven or ridden. veterinarian means a registered veterinarian within the meaning of the Veterinarians Act 1994. Note for by-law 2 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to these by-laws. 3 Registers (1) The CEO must keep the registers as determined by the Council. (2) A register may be kept in any form, including electronic form. (3) The following information must be recorded in an appropriate register: (a) all dogs registered by the Council; (b) all licences granted by the Council;

Part 2 Control of dogs Division 1 Preliminary matters Litchfield Council (Dog Management) By-laws 2017 5 (c) all offences against these By-laws: (i) of which a registered owner of a dog has been found guilty by a court; or (ii) in respect of which a registered owner of a dog has paid the prescribed amount under an infringement notice. 4 Matters of evidence (1) An extract from, or copy of an entry in, a register, purportedly signed by the CEO is evidence of the details contained in the entry without requiring the production of the register, unless a court otherwise orders. (2) A statement purportedly signed by the CEO in relation to the details contained in an entry in a register, including the following, is evidence of those details without requiring the production of the register, unless a court otherwise orders: (a) whether the name of a person was entered in a register in relation to an animal, matter or thing; (b) whether a licence or registration had been issued in relation to premises or an animal. 5 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against these By-laws. Note for by-law 5 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. Part 2 Control of dogs Division 1 Preliminary matters 6 Interpretation (1) A reference in this Part to the owner of a dog (other than to the registered owner) includes: (a) the person for the time being in control of the dog; and

Part 2 Control of dogs Division 2 Registration of dogs Litchfield Council (Dog Management) By-laws 2017 6 (b) the occupier of premises, or a part of premises, where the dog is usually kept; and (c) if the owner is under the age of 17 years, a parent or guardian of the owner. (2) A reference in this Part to the owner of a dog does not include a person controlling or keeping a dog under Division 9. 7 General exemption for assistance dogs (1) By-law 23(5) and (8) do not apply in relation to: (a) an assistance dog; or (b) any other dog that the Council determines is exempt from those provisions. (2) In this by-law: assistance dog means a dog: (a) trained by an assistance dog training institution recognised by the Council; and (b) used as an assistance dog by a person who: (i) is wholly or partially blind or deaf; or (ii) has another form of disability requiring the use of an assistance dog. Division 2 Registration of dogs 8 Special considerations in determination of application for registration (1) The Council must, not later than 14 days after receiving an application for the registration of a dog: (a) register the dog, either conditionally or unconditionally; or (b) refuse to register the dog and refund to the applicant the fee that accompanied the application. (2) The Council may refuse to register a dog if: (a) within the period of 12 months before the date of the application the owner of the dog has been found guilty by a court of more than 2 offences against these By-laws; or

Part 2 Control of dogs Division 2 Registration of dogs Litchfield Council (Dog Management) By-laws 2017 7 (b) the dog is a dangerous dog and, within the period of 12 months before the date of the application, the owner of the dog has contravened by-law 21(1) more than once; or (c) 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; or (d) the Council is satisfied that the dog is destructive, dangerous, savage or consistently the cause of nuisance to members of the public; or (e) the premises on which the dog is usually kept are not secured to a degree that is satisfactory to the Council. (3) The Council must refuse to register a dog if: (a) in keeping the dog on the premises on which the dog is usually kept, the applicant would contravene by-law 13; or (b) the dog is usually kept on premises within a dog restriction area and is not a dog mentioned in by-law 23(7). (4) The Council must also refuse to register a dog that is not implanted with a microchip. (5) If the Council refuses to register a dog or imposes conditions on the registration of a dog, the Council must give the applicant a statement in writing of the reasons for its decision. (6) For clause (2)(a), a reference to a finding of guilt for an offence includes the payment of a prescribed amount under an infringement notice given to a person under these By-laws. (7) In this by-law: register, or registration of a dog, includes renewal of the registration of the dog. 9 Unregistered dogs (1) A person commits an offence if: (a) the person keeps a dog in the Council area for a period of 3 months or longer; and (b) the dog is not registered. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability.

Part 2 Control of dogs Division 2 Registration of dogs Litchfield Council (Dog Management) By-laws 2017 8 (3) Clause (1) does not apply to: (a) a Council employee or contractor keeping a dog in a pound; or (b) an approved incorporated body that provides 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. 10 Failure to comply with a condition of registration (1) A registered owner of a dog commits an offence if: (a) the dog has been registered subject to conditions; and (b) a condition of the registration is contravened by the owner. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse. 11 Change of ownership (1) A person who acquires ownership of a registered dog must, not later than 14 days after acquiring ownership, notify the CEO of: (a) the person's name and address; and (b) the name of the registered owner from whom the person acquired the dog; and (c) the registration number of the dog. (2) A person who contravenes clause (1) commits an offence. Maximum penalty: 10 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse. (5) The CEO must, on being notified of a change of ownership under clause (1), amend the register accordingly.

Part 2 Control of dogs Division 3 Licensing of premises Litchfield Council (Dog Management) By-laws 2017 9 12 Change of address (1) The registered owner of a dog who changes the owner's address must, not later than 14 days after the change, notify the CEO of the new address. (2) A person who contravenes clause (1) commits an offence. Maximum penalty: 10 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse. (5) The CEO must, on being notified of a change of address under clause (1), amend the register accordingly. Division 3 Licensing of premises 13 Requirement for licence (1) The Council may determine a maximum number of dogs, or dogs of a class of dog, that may be kept on premises without a licence. (2) An occupier of premises commits an offence if the occupier keeps dogs on the premises in contravention of a determination under clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if: (a) the defendant has a reasonable excuse; or (b) the defendant establishes that the dogs, or the dogs of the class of dog, had not been usually kept on the premises: (i) for a period of 3 months or more immediately before the date of the alleged offence; or (ii) for periods totalling 3 months or more during the 6 month period immediately before the date of the alleged offence.

Part 2 Control of dogs Division 3 Licensing of premises Litchfield Council (Dog Management) By-laws 2017 10 14 Licensing of premises (1) The Council must, not later than 14 days after receiving an application for the licensing of premises for the keeping of dogs: (a) grant a licence in respect of the premises, either conditionally or unconditionally; or (b) refuse to grant a licence in respect of the premises and refund to the applicant the fee accompanying the application. (2) In considering an application under clause (1), the Council may take into account any matter that it considers relevant, including the following: (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; (c) the likely impact on residents in the locality where the premises are situated if the licence is granted. (3) If the Council has determined the manner in which premises are to be fenced, the Council must not grant a licence in respect of premises if the premises are not fenced in accordance with the determination. (4) The Council may renew a licence without considering the application in the manner specified in clauses (2) and (3) if: (a) the application is for the renewal of a licence; and (b) to the Council's knowledge 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; and (c) the Council has not, since the grant of the licence, made a determination as mentioned in clause (3) that affects the premises. (5) If the Council refuses to grant a licence, grants a licence subject to conditions or renews a licence subject to conditions not imposed on the original licence, the Council must give the applicant a statement in writing of the reasons for its decision.

Part 2 Control of dogs Division 4 Cancellation, variation or suspension of registration or licence Litchfield Council (Dog Management) By-laws 2017 11 15 Failure to comply with a condition of licence (1) An occupier of premises commits an offence if: (a) a licence has been granted subject to conditions in respect of the premises; and (b) a condition of the licence is contravened by the occupier. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse. Division 4 Cancellation, variation or suspension of registration or licence 16 Cancellation, variation or suspension of registration or licence by request The Council may, on the written request of the registered owner of a dog or the holder of a licence, by notice in writing given to the registered owner or holder: (a) cancel the registration of the dog or the licence; or (b) vary the conditions to which the registration of the dog or the licence is subject; or (c) in the case of a licence – suspend the licence for the period specified in the notice. 17 Cancellation, variation, or suspension of registration or licence otherwise than by request (1) The Council may, by written notice given to the registered owner of a dog or the holder of a licence, require the person given the notice to show cause why the Council should not: (a) cancel the registration of the dog or the licence; or (b) vary, in the manner specified in the notice, the conditions to which the registration or the licence is subject; or (c) in the case of a licence – suspend the licence for the period specified in the notice.

Part 2 Control of dogs Division 5 Dangerous dogs Litchfield Council (Dog Management) By-laws 2017 12 (2) The Council must consider any response by the registered owner of a dog before deciding to take an action mentioned in clause (1)(a) to (c). (3) The Council may, not less than 14 days after the date of service of a notice under clause (1), by another written notice given to the registered owner or the holder of the licence to whom the notice was given under clause (1): (a) cancel the registration of the dog or cancel the licence; or (b) vary, in the manner specified in the notice, the conditions to which the registration of the dog or the licence is subject; or (c) in the case of a licence – suspend the licence for the period specified in the notice (which is not to be longer than the period specified in the notice given under clause (1)). 18 Operation of notice of cancellation A notice given by the Council under by-law 16 or 17(3) takes effect on the expiry of 14 days after the notice is given. Division 5 Dangerous dogs 19 Dangerous dog (1) An authorised person may declare a dog to be a dangerous dog if: (a) the dog attacks a person or animal; or (b) the dog menaces a person or animal; or (c) the authorised person believes on reasonable grounds that the dog is destructive, dangerous, savage or a threat to the safety of the community. (2) If an authorised person declares a dog to be a dangerous dog, the Council must serve a notice of the declaration on the owner of the dog. 20 Revocation of declaration (1) The owner of a dangerous dog may apply to the Council for the revocation of the declaration of the dog. (2) The Council may: (a) revoke the declaration; or

Part 2 Control of dogs Division 5 Dangerous dogs Litchfield Council (Dog Management) By-laws 2017 13 (b) refuse to revoke the declaration. (3) The Council must give written notice of a decision under clause (2) to the owner of the dog. (4) A revocation under clause (2)(a) takes effect from the date the Council notifies the owner of the revocation. (5) If the Council refuses an application made under clause (1), the CEO is not required to consider an application made under clause (1) in relation to the same dog within 6 months of the refusal. 21 Registration of dangerous dog (1) As a condition of registration of a dangerous dog, the owner of the dog must: (a) ensure the dog is properly contained when the dog is at the premises where the dog is usually kept; and (b) erect signage on the premises where the dog is usually kept, with the words "Warning Dangerous Dog" clearly visible and legible from the front boundary of the premises; and (c) when the dog is outside the premises where the dog is usually kept: (i) ensure the dog is under the control of a person who is at least 18 years of age and competent to restrain the dog; and (ii) ensure the dog is controlled by a suitable leash, and muzzled; and (d) if the owner intends to keep the dog at a different location to the premises where the dog is usually kept for a period exceeding 14 days – notify the Council of the new address within 24 hours after the dog is relocated; and (e) if the dog attacks, or is alleged to have attacked, a person or animal – notify the Council of the attack, or alleged attack, within 24 hours: (i) after the attack, or alleged attack; or (ii) of a later time when the owner is made aware of the attack, or alleged attack.

Part 2 Control of dogs Division 6 Dog exercise areas and dog restriction areas Litchfield Council (Dog Management) By-laws 2017 14 (2) It is also a condition of registration of a dangerous dog that the owner must: (a) if the dog is missing – notify the Council within 24 hours after the owner becomes aware the dog is missing; and (b) if the dog dies – notify the Council within 14 days after its death. (3) It is a further condition of registration of a dangerous dog that the owner must: (a) inform a prospective purchaser or owner of the dog that it is a dangerous dog; and (b) if ownership of the dog is transferred – notify the Council of the name and address of the new owner within 24 hours after the transfer. (4) The owner of a dangerous dog must also comply with any other condition imposed by the Council on the registration of the dog. (5) If the owner of a dangerous dog contravenes any of clauses (1) to (4) more than once in a 12 month period, the Council may, by notice served on the owner of the dog, require the owner to show cause why the Council should not cancel the registration of the dog. (6) The Council must consider any response by the registered owner of a dog before deciding to cancel the registration of the dog. (7) The Council may, not less than 14 days after the day a notice under clause (5) is served, by written notice served on the owner, do one or both of the following: (a) cancel the registration of the dog; (b) impose additional conditions on the registration of the dog. Division 6 Dog exercise areas and dog restriction areas 22 Dog exercise areas (1) The Council: (a) may declare an area within the Council area to be a dog exercise area; and (b) must specify: (i) the times when a dog may be exercised in the area; and

Part 2 Control of dogs Division 6 Dog exercise areas and dog restriction areas Litchfield Council (Dog Management) By-laws 2017 15 (ii) any other conditions applying to the exercising of a dog in the area. Example for clause (1)(b)(ii) The Council may impose a condition that female dogs in oestrus are not permitted in a dog exercise area, or are permitted only at certain times. (2) The Council must publish on its website and in a newspaper circulating in the Council area a notice of its intention to declare a dog exercise area not less than 28 days before making the declaration. (3) The Council must consider any response from members of the public who reside in the Council area to the notice mentioned in clause (2) before declaring the area to be a dog exercise area. 23 Dog restriction areas (1) The Council may: (a) declare an area to be a dog restriction area; and (b) prohibit the keeping in the area of: (i) all dogs; or (ii) more than a specified number of dogs; or (iii) all or more than a specified number of dogs of a specified class. (2) The Council may also prohibit the taking of a dog into a dog restriction area. (3) The Council must publish on its website and in a newspaper circulating in the Council area a notice of its intention to declare a dog restriction area not less than 28 days before making the declaration. (4) The Council must consider any response from members of the public who reside in the Council area to the notice mentioned in clause (3) before declaring the area to be a dog restriction area. (5) A person commits an offence if the person keeps a dog in a dog restriction area where keeping the dog is prohibited. Maximum penalty: 20 penalty units. (6) An offence against clause (5) is an offence of strict liability.

Part 2 Control of dogs Division 7 Offences Litchfield Council (Dog Management) By-laws 2017 16 (7) It is a defence to a prosecution for an offence against clause (5) if the defendant proves that, at the date of the declaration of the dog restriction area, the dog: (a) was owned by the person; and (b) was usually kept at premises in the dog restriction area; and (c) if required by these By-laws to be registered, was registered. (8) A person commits an offence if the person takes a dog into a dog restriction area where the taking of the dog is prohibited. Maximum penalty: 20 penalty units. (9) It is a defence to a prosecution for an offence against clause (8) if the person has a reasonable excuse. Division 7 Offences 24 Containment of dog (1) An owner of a dog commits an offence if the dog is not properly contained when the dog is on the premises where the dog is usually kept. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) For clause (1), the following matters are immaterial: (a) the time for which the dog is not properly contained; (b) the ability of the owner to contain the dog. 25 Dog at large (1) An owner of a dog commits an offence if the dog is at large in the Council area. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant establishes that another person had, without the defendant's permission, enticed the dog to become at large.

Part 2 Control of dogs Division 7 Offences Litchfield Council (Dog Management) By-laws 2017 17 (4) It is also a defence to a prosecution for an offence against clause (1) if the defendant establishes that: (a) the dog was in a dog exercise area; and (b) the dog was not in contravention of any conditions applying in relation to the dog exercise area. (5) In this by-law: at large, in relation to a dog, means: (a) the dog is in a place other than the premises where the dog is usually kept; and (b) the dog is not under effective control. under effective control, in relation to a dog, means the dog is: (a) restrained by a leash, cord, chain or similar device that: (i) is no longer than 3 metres; and (ii) is held by a person who is over the age of 12 years and competent to restrain the dog; or (b) enclosed in a vehicle (which includes being in or on 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; or (c) in a dog exercise area in accordance with the conditions, if any, to which use of the area is subject. 26 Enticement A person commits an offence if: (a) the person intentionally engages in conduct; and (b) the conduct results in the owner of a dog being liable to prosecution for an offence against these By-laws; and (c) the person is reckless in relation to that result. Maximum penalty: 20 penalty units. 27 Dog menacing person or animal (1) An owner of a dog must ensure that the dog does not menace a person or animal.

Part 2 Control of dogs Division 7 Offences Litchfield Council (Dog Management) By-laws 2017 18 (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant establishes any of the following: (a) another person had, without the defendant's permission, enticed the dog to menace the person or animal; (b) the animal that was menaced was menaced on premises owned or occupied by the defendant; (c) the person who was attacked: (i) was attacked on premises owned or occupied by the defendant; and (ii) was not able to establish that he or she was on the premises for a lawful purpose. (5) If a court finds a person guilty of an offence against clause (2), the court may make one or both of the following orders: (a) if the dog was impounded as a result of the offence – an order that the person pay the costs and expenses of, and incidental to, the impounding; (b) an order for the destruction of the dog in addition to, or instead of, the penalty for the offence. 28 Dog attacking person or animal (1) An owner of a dog must ensure that the dog does not attack a person or animal. (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant establishes any of the following: (a) another person had, without the defendant's permission, enticed the dog to attack the person or animal;

Part 2 Control of dogs Division 7 Offences Litchfield Council (Dog Management) By-laws 2017 19 (b) the animal that was attacked was attacked on premises owned or occupied by the defendant; (c) the person who was attacked: (i) was attacked on premises owned or occupied by the defendant; and (ii) was not able to establish that he or she was on the premises for a lawful purpose. (5) If a court finds a person guilty of an offence against clause (2), the court may make one or both of the following orders: (a) if the dog was impounded as a result of the offence – an order that the person pay the costs and expenses of, and incidental to, the impounding; (b) an order for the destruction of the dog in addition to, or instead of, the penalty for the offence. 29 Dog chasing vehicle (1) An owner of a dog must ensure the dog does not chase a vehicle. (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant establishes that another person had, without the defendant's permission, enticed the dog to chase the vehicle. 30 Dog causing nuisance (1) An owner of a dog must ensure that the dog, either by itself or in concert with other dogs, is not a nuisance. (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse.

Part 2 Control of dogs Division 8 Enforcement Litchfield Council (Dog Management) By-laws 2017 20 (5) For 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. (6) Without limiting clause (5), a dog is a nuisance if it: (a) creates a noise, by barking or otherwise, that 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; or (b) repeatedly barks 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 causing annoyance to a person other than the owner of the dog. (7) The owner of a dog does not commit an offence against this by-law by reason of the actions of the dog mentioned in clause (6)(c) if the owner immediately removes the faeces and disposes of them in a public garbage receptacle or on the owner's own property. 31 Abandoning dog (1) A person commits an offence if the person abandons a dog in the Council area. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse. Division 8 Enforcement 32 Seizure of dogs (1) An authorised person may seize: (a) an apparently diseased, injured, savage, destructive, stray or unregistered dog; or (b) a dog that is at large; or (c) a dangerous dog, if the owner of the dog has not complied with the conditions of the dog's registration.

Part 2 Control of dogs Division 9 Pounds Litchfield Council (Dog Management) By-laws 2017 21 (2) The authorised person may destroy the dog if: (a) the dog is diseased, injured, savage or destructive; and (b) in the opinion of the authorised person, it is necessary to do so. (3) Otherwise, the authorised person must as soon as practicable: (a) deliver the dog to a pound; or (b) return the dog to its owner. Division 9 Pounds 33 Pounds The Council may, whether within the Council area or otherwise: (a) establish a pound; or (b) make arrangements it considers appropriate for the use of premises for impounding dogs under this Division. 34 Notice of impounding (1) If a registered dog with a microchip is delivered to a pound, the CEO must give the registered owner a notice of the impounding of the dog. (2) If a dog with a collar on which an address is displayed is delivered to a pound, the CEO may give, at the address, a notice of the impounding of the dog. (3) Except as mentioned in clause (1) or (2), the CEO is not obliged to notify the owner of a dog of the impounding of the dog. 35 Release of dogs from pounds (1) Subject to by-law 37(1)(b), an impounded dog is not to be released from a pound: (a) unless it is registered; and (b) other than to the owner of the dog or a person authorised to act as the owner's agent; and (c) unless there is paid to the Council the appropriate release fees.

Part 2 Control of dogs Division 9 Pounds Litchfield Council (Dog Management) By-laws 2017 22 (2) A person who is collecting a dog from a pound must satisfy the council employee at the pound that the person is the owner of the dog, or is authorised to act as the owner's agent. 36 Diseased dogs (1) This by-law applies if a dog has been seized under these By-laws and: (a) a council employee notices or suspects that the dog is diseased; or (b) the CEO receives advice from a veterinarian that the dog is, or is suspected of being, diseased. (2) If clause (1)(a) applies, the employee must notify the CEO of the dog's condition. (3) The CEO must arrange for the dog to be isolated from other dogs in the pound. (4) The CEO must give the owner, if known, of a dog isolated under clause (3) written notice that the dog is, or is suspected of being, diseased and that the Council: (a) requires the dog to undergo a course of treatment specified in the notice; or (b) requires the dog to be destroyed. (5) In a notice under clause (4), the CEO 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 other person specified in the notice relating to: (a) if the dog is not required to be destroyed – the disease of the dog; or (b) all other dogs usually kept at the premises where the dog was kept. (6) A dog the subject of a notice under this by-law may be released from the pound in accordance with by-law 35 or 37(1)(b) subject to any conditions the Council considers appropriate. (7) The CEO may arrange for a dog in a pound to be destroyed if the dog is so diseased or injured that it is humane to destroy it. (8) The cost of treatment reasonably provided by the Council to a diseased dog, and to any other dog in the pound that was infected

Part 3 Infringement notice offences Litchfield Council (Dog Management) By-laws 2017 23 or was at risk of being infected by the diseased dog before the dog could reasonably be isolated, is a debt due and payable by the owner of the diseased dog to the Council. (9) An owner of a dog commits an offence if the owner: (a) fails to comply with a requirement of a notice under clause (4); or (b) contravenes a condition imposed under clause (6). Maximum penalty: 20 penalty units. (10) An offence against clause (9) is an offence of strict liability. (11) It is a defence to a prosecution for an offence against clause (9) if the defendant has a reasonable excuse. 37 Disposal of impounded dogs (1) The CEO may, after a dog has been impounded for 72 hours: (a) arrange for the destruction of the dog; or (b) pass the property in the dog to an approved incorporated body that provides services relating to animal welfare, and dispose of the dog as agent for that body. (2) Despite clause (1), if an investigation is initiated in relation to a dog that is impounded (for example, if the dog is alleged to have attacked a person or another animal), the dog must not be destroyed or disposed of until the investigation is complete. (3) A dog in a pound is not to be destroyed other than: (a) by a veterinarian or another person who is, in the opinion of the CEO, qualified to destroy the dog; and (b) in a manner that is approved by the Australian Veterinary Association. Part 3 Infringement notice offences 38 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in the Schedule.

Part 3 Infringement notice offences Litchfield Council (Dog Management) By-laws 2017 24 (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule. 39 When infringement notice may be given If an authorised person believes on reasonable grounds that a person has committed an infringement notice offence, the authorised person may give a notice (an infringement notice) to the person. 40 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date, time and place of the infringement notice offence; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following: (i) suspending the person's licence to drive; (ii) seizing personal property of the person;

Part 3 Infringement notice offences Litchfield Council (Dog Management) By-laws 2017 25 (iii) deducting an amount from the person's wages or salary; (iv) registering a statutory charge on land owned by the person; (v) making a community work order for the person and imprisonment of the person if the person contravenes the order. (3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in clause (2)(b). 41 Electronic payment and payment by cheque (1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the Council's bank account. (2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation. 42 Withdrawal of infringement notice (1) The Council may withdraw an infringement notice by written notice given to the person. (2) The withdrawal notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before payment of the prescribed amount. 43 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given, unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person.

Part 4 Miscellaneous matters Litchfield Council (Dog Management) By-laws 2017 26 (3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any one of the notices. Part 4 Miscellaneous matters 44 Removal or disposal of animal remains (1) The Council may arrange for the remains of a dead animal that is found in a public place to be removed or disposed of. (2) If the Council incurs expense in removing or disposing of a dead animal, the Council may recover the expense from the owner of the animal as a debt due and payable to the Council. 45 Obstruction of officers (1) A person commits an offence if: (a) the person intentionally obstructs another person; and (b) the other person is one of the following: (i) an officer; (ii) an employee of a contractor or subcontractor of the Council; and (c) the other person is acting in an official capacity and the person has knowledge of that circumstance. Maximum penalty: 20 penalty units. (2) Strict liability applies to clause (1)(b). (3) In this by-law: acting in an official capacity, in relation to a person mentioned in clause (1)(b), means the person is exercising powers or performing functions under, or otherwise related to the administration of, these By-laws. obstruct includes hinder and resist. 46 Misleading information (1) A person commits an offence if: (a) the person intentionally gives information to another person; and

Part 4 Miscellaneous matters Litchfield Council (Dog Management) By-laws 2017 27 (b) the other person is an officer; and (c) the information is misleading and the person has knowledge of that circumstance; and (d) the officer is acting in an official capacity and the person has knowledge of that circumstance. Maximum penalty: 20 penalty units. (2) A person commits an offence if: (a) the person intentionally gives a document to another person; and (b) the other person is an officer; and (c) the document contains misleading information and the person has knowledge of that circumstance; and (d) the officer is acting in an official capacity and the person has knowledge of that circumstance. Maximum penalty: 20 penalty units. (3) Strict liability applies to clauses (1)(b) and (2)(b). (4) Clause (2) does not apply if the person, when giving the document: (a) draws the misleading aspect of the document to the officer's attention; and (b) to the extent to which the person can reasonably do so – gives the officer the information necessary to remedy the misleading aspect of the document. (5) In this by-law: acting in an official capacity, in relation to an officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, these By-laws. misleading information means information that is misleading in a material particular or because of the omission of a material particular.

Part 5 Repeals and transitional matters Division 1 Repeals Litchfield Council (Dog Management) By-laws 2017 28 47 Exemption for events (1) The Council may, by notice in writing, exempt a person or body from either or both of by-laws 24 or 25: (a) for the purposes of a dog race, dog trial or dog show; or (b) while taking part in the activities of a dog obedience club; or (c) while using a dog to drive cattle or stock on a road; or (d) for any other purpose or event as the Council may determine. (2) An exemption under clause (1): (a) may relate to a particular event or to a class of events; and (b) may be subject to any conditions the Council considers appropriate. 48 Council may charge fee for service (1) The Council may charge a fee for any service provided under these By-laws. Examples for clause (1) A fee for registering a dog, licensing of premises, inspecting a register, keeping a dog in a pound. (2) If the Council considers it appropriate, the Council may waive, reduce or refund a fee charged under clause (1). Part 5 Repeals and transitional matters Division 1 Repeals 49 Repeals The following By-laws (the former By-laws) in relation to the Litchfield local government area that were in force immediately before the commencement of these By-laws are repealed: (a) all By-laws made under section 188 of the Local Government Act 1993; (b) all By-laws continued in force under section 262(2) of the Local Government Act 2008.

Part 5 Repeals and transitional matters Division 2 Transitional matters for Litchfield Council (Dog Management) By-laws 2017 Litchfield Council (Dog Management) By-laws 2017 29 Division 2 Transitional matters for Litchfield Council (Dog Management) By-laws 2017 50 Dogs taken to be registered If, under the former By-laws, the owner of a dog provided the Council with details of an approved microchip implanted in the dog, the dog is taken to be registered under these By-laws. 51 Offence provisions – before and after commencement (1) The offence provisions apply only in relation to offences committed after the commencement of these By-laws (the commencement). (2) The offence provisions under the former By-laws, as in force before the commencement, continue to apply in relation to offences committed before the commencement. (3) For this by-law, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement. (4) In this by-law: offence provisions means the provisions of these By-laws that create or relate to offences (including in relation to criminal responsibility, defences and penalties).

Schedule Infringement notice offences and prescribed amounts Litchfield Council (Dog Management) By-laws 2017 30 Schedule Infringement notice offences and prescribed amounts by-law 38 Provision Prescribed amount in penalty units by-laws 9(1), 10(1), 11(2), 12(2), 13(2), 23(5) and (8) and 25(1) 1 by-laws 15(1), 24(1), 29(2), 30(2) and 31(1) 2 by-law 27(2) 3 by-law 28(2) 6

ENDNOTES Litchfield Council (Dog Management) By-laws 2017 31 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 Litchfield Council (Dog Management) By-laws (SL No. 12, 2017) Notified 5 July 2017 Commenced 5 July 2017 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, 2, 40 and 49.

1 LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017

The by‑laws are built around a small set of core administrative and public‑safety concepts. State these as they appear and operate in the text.

Registration and registered owner. The term registered owner is used as the person recorded in the registers the CEO keeps (by‑law 3). Registration is an administrative licence to keep a dog; renewal is treated as registration (by‑law 8(7)). The requirement to register if a dog is kept for three months or longer appears at by‑law 9(1).
Licence for premises. The Council may determine a maximum number of dogs that can be kept without a licence; keeping dogs in contravention of such a determination is an offence (by‑law 13). Licences are granted or refused within 14 days of application (by‑law 14(1)). Licences can be conditional and are subject to variation, suspension and cancellation (by‑laws 14(1), 16-18).
Microchip. A microchip that complies with specified Australian Standards is required for registration; lack of a microchip is a mandatory ground for refusal (by‑law 8(4); definition in by‑law 2).
Dangerous dog. A dog may be declared dangerous by an authorised person on specified grounds (attack, menace, or reasonable belief of dangerousness) (by‑law 19). Once declared, the dog’s registration entails specific mandatory conditions (by‑law 21) including on‑property containment, signage, off‑property control and muzzling, and notification duties for attacks, movement, disappearance and death (by‑law 21(1)-(4)).
Dog exercise and restriction areas. Council declarations create zones with different permitted behaviours: dog exercise areas allow off‑leash exercise subject to specified times and conditions and require public notice and consultation (by‑law 22); dog restriction areas can prohibit keeping dogs, restrict numbers, and ban taking dogs into the area, again subject to public notice and consultation (by‑law 23).
Offences and strict liability. Many offences are expressly strict liability (for example by‑laws 9(2), 10(2), 11(3), 12(3), 13(3), 15(2), 24(2), 25(2), 27(3), 28(3), 29(3), 30(3), 31(2)). The by‑laws also attach “reasonable excuse” and limited other defences in specified clauses (for example by‑laws 10(3), 11(4), 12(4), 13(4), 15(3), 30(4), 36(11)). Part IIAA of the Criminal Code applies (by‑law 5), which governs general principles of criminal responsibility and defences.
Enforcement instruments. The by‑laws provide a mix of administrative enforcement (cancellation, suspension, conditions on registration/licence, show‑cause processes at by‑laws 16-18), seizure and impounding (by‑laws 32-37), and penalty enforcement through courts and infringement notices (Part 3, by‑laws 38-43 and Schedule). The infringement notice regime requires specified content and cross‑references the Fines and Penalties (Recovery) Act 2001 (by‑law 40).
Administrative records and evidentiary rules. The CEO must keep registers determined by Council and may keep them in electronic form (by‑law 3). Extracts or CEO‑signed statements are admissible evidence of register contents unless a court orders otherwise (by‑law 4).
Council discretion and consultation. The Council has multiple discretionary functions: refusing or conditioning registration (by‑law 8), deciding licence applications (by‑law 14), imposing and varying conditions, issuing exemptions for events (by‑law 47) and setting fees (by‑law 48). For area declarations (by‑laws 22-23) the Council must publish its intention and consider public responses before finalising declarations, with minimum 28‑day notice periods.

These concepts interact: for example, a dangerous dog declaration triggers registration conditions, and failure to comply with those conditions can lead to seizure, show‑cause cancellation and criminal or infringement penalties (by‑laws 19, 21, 32, 17, Schedule). The instrument balances administrative process (notice, show cause, registers, CEO involvement) with relatively short statutory timelines (for example 14 days for administrative decisions and operations of notices, and 28 days for public notice of area declarations).

The by‑laws assign duties, rights and exposures to several identifiable groups. Be precise about who pays, who decides and who is at risk.

Registered owners and owners. The primary regulated parties are owners of dogs. The by‑laws define owner broadly to include the registered owner, the person in control of the dog and occupiers of the premises where the dog is usually kept (by‑law 6(1)). Owners must register dogs kept for 3 months or longer (by‑law 9(1)) and comply with containment, control, and nuisance rules (by‑laws 24, 25, 27-31). Owners bear costs for registration, microchipping, impoundment release fees and treatment costs for diseased dogs (by‑laws 8(4), 35, 36(8), 48).
Occupiers of premises. Occupiers who keep dogs are potentially liable under the licensing provision if the Council has determined limits on dogs per premises; occupiers must obtain a licence where required and may be prosecuted for non‑compliance (by‑laws 13(1)-(3), 14).
Prospective purchasers and subsequent owners of dangerous dogs. The owner of a dangerous dog must inform prospective purchasers that the dog is declared dangerous and must notify the Council within 24 hours of any transfer of ownership (by‑law 21(3)(a)-(b)). Failure to notify is an offence subject to show‑cause and other consequences under the registration regime (by‑law 21(3)).
People who take dogs into dog restriction areas and who exercise dogs. The public is affected where Council declares dog restriction areas or dog exercise areas. The Council may prohibit keeping or taking dogs into restriction areas (by‑law 23(1)-(2)). Conversely exercise areas permit certain off‑leash activity subject to conditions; the Council must consult residents before declarations (by‑laws 22(1)-(3), 23(2)-(4)).
Council staff, authorised persons and the CEO. The instrument empowers authorised persons (appointed under section 112(1) of the Local Government Act 2008) and officers to seize dogs, issue infringement notices and administer pounds, registers and notices (definition of authorised person and by‑laws 3, 32, 33, 34, 35). The CEO is given specific recordkeeping and notification functions, and may sign extracts that are admissible evidence (by‑laws 3, 4, 34, 36).
Veterinarians and approved animal welfare bodies. Veterinarians play a role in disease diagnosis, humane destruction and treatment decisions (by‑laws 36, 37). Approved incorporated animal welfare bodies may receive dogs from the CEO under disposal powers (by‑law 37(1)(b)).
Event organisers and clubs. The Council may give written exemptions from containment and at‑large rules for specified events and activities such as dog races, shows, obedience clubs and stock driving (by‑law 47). Those exemptions can be conditional.
Third parties affected by dog behaviour. People and animals that are menaced, attacked or otherwise affected by dogs are implicated through offence provisions (by‑laws 27-28). In prosecutions courts can order payment of impounding costs and may order destruction where a dog attacked or was impounded for dangerous conduct (by‑laws 27(5), 28(5)).

Who pays. Costs fall on dog owners and occupiers for registration, microchipping and compliance measures. Owners are liable for impoundment and treatment costs as debts owing to Council where applicable (by‑law 36(8)). Unpaid infringement notices are enforceable through the Fines and Penalties (Recovery) Act 2001, with associated indirect costs such as licence suspension, seizure of property and wage garnishment (by‑law 40(2)).

Who decides. The Council, through resolution and the CEO, decides registration policies, licence conditions, the content of the registers, fees and exemptions. Authorised persons exercise operational enforcement discretion such as seizure and declaration of dangerous dogs (by‑laws 3, 16-19, 32).

Who is at risk. Owners face strict liability for many offences with maximum penalties commonly 20 penalty units (for example by‑laws 9(1), 24(1), 25(1), 31(1)). Dangerous dogs are subject to intensified regulatory intervention including signage, muzzling, and potential cancellation of registration. Dogs seized as diseased, injured or dangerous may be destroyed where humane or where statutory thresholds are met (by‑laws 32(2), 36(7), 37).

This section sets out principal duties imposed on regulated parties and the rights or procedural protections they have under the by‑laws, with the precise clause references.

Key duties

Registration duty. Persons keeping a dog for three months or more must register the dog (by‑law 9(1)). The Council must register or refuse within 14 days of application, and may impose conditions on registration (by‑law 8(1), 8(5)). A mandatory microchip requirement is a ground for refusal (by‑law 8(4); microchip defined in by‑law 2).
Change notifications. New owners must notify the CEO within 14 days of acquisition with specified details (by‑law 11(1)). Registered owners who change address must notify the CEO within 14 days (by‑law 12(1)). These obligations are strict liability offences subject to a defence of reasonable excuse (by‑laws 11(3)-(4), 12(2)-(4)).
Premises licensing and occupier duties. Where the Council determines maximum numbers of dogs on premises, occupiers must comply or obtain a licence (by‑law 13). Licence applications must be decided within 14 days (by‑law 14(1)). Occupiers must comply with licence conditions (by‑law 15).
Containment and control. A dog must be properly contained on premises where usually kept (by‑law 24) and owners must ensure dogs are not at large in the Council area (by‑law 25). The by‑laws define “properly contained” and “at large” and specify that dogs are under effective control when restrained by a device no longer than 3 metres or enclosed in a vehicle, or when in a dog exercise area in accordance with conditions (by‑law 2; by‑law 25(5)).
Dangerous dog conditions. Owners of dangerous dogs must meet detailed conditions on containment, on‑property signage, off‑property control (leash and muzzle), notice obligations for attacks, relocation, disappearance and death, and for disclosure on sale (by‑law 21(1)-(4)).
Nuisance and behavioural duties. Owners must ensure their dog does not menace (by‑law 27), attack (by‑law 28), chase vehicles (by‑law 29) or be a nuisance (by‑law 30). Specific behaviour constituting nuisance is described at by‑law 30(5)-(6).
Pound and disease duties. Owners must pay release fees to reclaim impounded dogs and are liable for reasonable costs of treatment for diseased dogs as a debt to Council (by‑laws 35, 36(8)). Owners must comply with notices requiring treatment or destruction of diseased dogs (by‑law 36(4)-(6), 36(9)-(11)).

Key rights and procedural protections

Administrative timelines and reasons. The Council has 14 days to register or refuse registration or licence applications and must give written reasons where it refuses or imposes conditions (by‑laws 8(1), 14(1), 8(5), 14(5)). This provides owners with prompt administrative decisions and statement of reasons when adverse action is taken.
Show‑cause requirement for cancellation or variation. Before cancelling, varying or suspending registrations or licences otherwise than by request, the Council must give a show‑cause notice and consider the response prior to taking action (by‑law 17(1)-(2)). After a further 14 days it may take action (by‑law 17(3); operation of cancellation after 14 days under by‑law 18).
Appeal‑type rights are not explicitly provided in the by‑laws. The text requires the Council to consider responses and to give reasons but it does not prescribe an internal review or appeal to an independent tribunal in these by‑laws. Rights to challenge Council decisions would arise under general administrative law or the Local Government Act 2008 rather than these by‑laws themselves.
Compensation and cost recovery. Courts may order convicted persons to pay costs of impounding and may order destruction of dogs in addition to penalties (by‑laws 27(5), 28(5)). The CEO may recover treatment costs as a debt (by‑law 36(8)). Pound release is conditional on registration and payment of release fees (by‑law 35).
Infringement notice process. Where an authorised person reasonably believes an infringement offence has occurred, they may issue an infringement notice with prescribed content and a 28‑day period for expiation or election to be dealt with by court (by‑laws 39-40). The infringement notice must inform the recipient of the enforcement agency and of the consequences of non‑payment under the Fines and Penalties (Recovery) Act 2001 (by‑law 40(2)). The Council can withdraw an infringement notice within 28 days and before payment (by‑law 42).
Exemptions. The Council may exempt persons or bodies from containment and at‑large rules for specified events or activities and may impose conditions on exemptions (by‑law 47).

Rights v duties in practice. The by‑laws provide administrative decision timelines and show‑cause step for serious administrative action, but many offences are strict liability with statutory maximum penalties. Owners should note the combination of immediate operational enforcement powers (seizure, impounding, destruction where necessary) and post‑action procedural steps (show cause and 14‑day notices for cancellation). The instrument makes clear that compliance costs, impounding fees and treatment charges fall first on owners, with enforcement available through infringement notices or prosecution.

The by‑laws deploy multiple enforcement levers: criminal prosecution, infringement notices, administrative cancellation/suspension/conditions, seizure and destruction, and debt recovery. The penalties and enforcement architecture are set out as follows.

Criminal penalties, strict liability and defences

Maximum penalties. Many offences carry a maximum of 20 penalty units (for example by‑laws 9(1), 24(1), 25(1), 31(1), 45(1), 46(1) and (2)). Some offences have lower or higher specified penalty unit equivalents reflected in the Schedule for infringement purposes (Schedule to by‑law 38).
Strict liability. The by‑laws specify strict liability in multiple places (see by‑laws 9(2), 10(2), 11(3), 12(3), 13(3), 15(2), 24(2), 25(2), 27(3), 28(3), 29(3), 30(3), 31(2), 36(10)). Where strict liability applies, elements of mens rea are not required; however specified defences such as “reasonable excuse” or enumerated defences (for enticement, lawful presence, or agent actions) are available in particular clauses (for example by‑laws 10(3), 11(4), 12(4), 13(4), 15(3), 25(3)-(4), 27(4), 28(4), 30(4)).
Part IIAA of the Criminal Code applies. The by‑laws expressly apply Part IIAA of the Criminal Code to offences under them (by‑law 5). Part IIAA supplies the general framework for criminal responsibility, defences and burden of proof, so prosecutions will proceed with those statutory principles in mind.

Infringement notices

Infringement notice offences and prescribed amounts. Part 3 defines infringement notice offences as those listed in the Schedule (by‑law 38(1)). The prescribed amount is the monetary equivalent of the number of penalty units nominated in the Schedule (by‑law 38(2)). The Schedule maps specific by‑law provisions to penalty unit amounts: for example by‑law 28(2) (attack offence) is listed at 6 penalty units; by‑law 27(2) (menacing) is 3 units; several common breaches (including unregistered dog, failure to comply with registration condition, failure to notify change of ownership or address, breach of dog restriction area keeping) are 1 unit (Schedule).
Issue and content of notices. An authorised person may issue an infringement notice where they reasonably believe an infringement offence has occurred (by‑law 39). Notices must state name/address (if known), date/time/place, description of offence, prescribed amount and enforcement agency, and must include information about the 28‑day expiation option and the right to elect to be dealt with by a court under the Fines and Penalties (Recovery) Act 2001 (by‑law 40).
Enforcement consequences. The infringement notice must advise that failure to respond can lead to enforcement action under the Fines and Penalties (Recovery) Act 2001 including licence suspension, property seizure, wage garnishment, statutory charge on land, community work orders and imprisonment for non‑compliance with orders (by‑law 40(2)). The Council may withdraw an infringement notice within 28 days and before payment (by‑law 42).

Operational enforcement powers

Seizure and impounding. Authorised persons may seize apparently diseased, injured, savage, destructive, stray, unregistered dogs, dogs at large and dangerous dogs that are non‑compliant with registration conditions (by‑law 32(1)). Following seizure, the authorised person may destroy the dog where diseased, injured, savage or destructive and destruction is, in the authorised person’s opinion, necessary (by‑law 32(2)). Otherwise the authorised person must deliver the dog to a pound or return it to its owner as soon as practicable (by‑law 32(3)).
Pounds and release conditions. The Council may establish or arrange for a pound (by‑law 33). Registered dogs with microchips delivered to a pound require CEO notice to the registered owner (by‑law 34(1)). Release from pounds is subject to registration and release fees and release only to owner or authorised agent (by‑law 35). The CEO may destroy diseased dogs where humane or arrange destruction after 72 hours of impounding unless an investigation is ongoing (by‑laws 36(7), 37(1)-(2)).
Recovery of costs and debt. Expenses incurred by the Council in removing or disposing of dead animals, and the cost of treatment reasonably provided by the Council to diseased dogs, are recoverable as debts from owners (by‑laws 44(2), 36(8)). Courts may order convicted persons to pay impounding costs (by‑laws 27(5), 28(5)).

Administrative enforcement

Variation, suspension and cancellation. The Council may cancel, vary or suspend registrations and licences on written request (by‑law 16). It may also do so where not requested, but must give show‑cause notice and consider responses before taking final action; further written notice and minimum time periods apply (by‑laws 17-18).
Additional conditions. For dangerous dogs or after show‑cause, the Council may impose additional conditions on registration or licence (by‑laws 21(4), 17(3), 21(7)).

Evidence and prosecution mechanics

Registers and evidentiary weight. The CEO must keep registers as determined by the Council and may keep them electronically (by‑law 3). An extract purportedly signed by the CEO is evidence of the contents of the entry without producing the whole register unless a court orders otherwise (by‑law 4(1)-(2)). This facilitates prosecutions that rely on register entries.
Interaction with other enforcement regimes. Infringements are funneled through the Fines and Penalties (Recovery) Act 2001 for enforcement, adding administrative consequences beyond fines (by‑law 40(2)). Criminal prosecutions proceed under general criminal procedure; Part IIAA of the Criminal Code applies to liability and defences (by‑law 5).

Practical points for enforcement exposure

Many of the default offence provisions are strict liability with a relatively high maximum of 20 penalty units; however only a subset of those are flagged as infringement notice offences in the Schedule, meaning the Council can elect to issue infringement notices or prosecute in court for those listed as expiable (Part 3 and Schedule).
Authorised persons have broad seizure and destruction powers where dogs are diseased, savage or dangerous; the by‑laws give the authorised person discretion to destroy if necessary (by‑law 32(2)) and permit destruction after 72 hours of impounding subject to investigation exceptions (by‑law 37).
Non‑payment of infringement notices escalates under the Fines and Penalties (Recovery) Act 2001 to debt recovery mechanisms that can impose collateral administrative and financial consequences (by‑law 40(2)).

The by‑laws expressly reference and operate alongside several external statutory regimes and standards. The instrument is subordinate law made under the Local Government Act 2008, and cross‑references influence evidence rules, penalty enforcement and animal‑welfare practice.

Statutory and regulatory cross‑references in the by‑laws

Local Government Act 2008. The by‑laws are made under the Local Government Act 2008 (title header and definition of authorised person referring to section 112(1) of the Act). Powers to appoint authorised persons, and the Council’s capacity to make determinations and grant licences, arise under that enabling statute rather than these by‑laws alone.
Criminal Code (Part IIAA). The by‑laws expressly apply Part IIAA of the Criminal Code to offences under these by‑laws (by‑law 5). Part IIAA sets the general principles of criminal responsibility, defences and burden of proof; therefore prosecutions will be shaped by those principles and relevant defences contained in the Criminal Code rather than by these by‑laws alone.
Fines and Penalties (Recovery) Act 2001. The infringement notice apparatus in by‑laws 38-43 references the enforcement mechanisms in the Fines and Penalties (Recovery) Act 2001. Infringement notices given under these by‑laws may be enforced using the recovery tools and sanctions that Act provides, including licence suspension, property seizure, wage garnishment and statutory charges on land (by‑law 40(2)).
Australian Standards for microchips. The microchip definition requires compliance with AS 5018 - 2001 and AS 5019 - 2001 for electronic animal identification and radiofrequency methods (by‑law 2). Registration refusal is mandatory if a dog is not implanted with a microchip (by‑law 8(4)), linking local registration to national technical standards.
Veterinarians Act 1994 and Australian Veterinary Association standards. The by‑laws reference veterinarians “registered” pursuant to the Veterinarians Act 1994 for treatment and humane destruction roles (by‑law 2, definitions), and require destruction to be carried out in a manner approved by the Australian Veterinary Association (by‑law 37(3)(b)). These references import professional standards into decisions about humane destruction and treatment.
Interpretation Act 1978. The by‑laws include a note referencing the Interpretation Act 1978 for definitions and interpretive aids (by‑law 2 Note), which may affect statutory construction issues.
Repeals and transitional provisions. The by‑laws repeal prior Litchfield dog management by‑laws made under the former Local Government Act 1993 and continued under the Local Government Act 2008 (by‑law 49). Transitional registration arrangements for dogs previously microchipped under the former by‑laws are provided (by‑law 50).

Practical implications of interactions

Enforcement pathway. Infringement notices issued under these by‑laws are not isolated; they feed into the Territory recovery machinery under the Fines and Penalties (Recovery) Act 2001, producing a system where non‑payment can lead to powerful administrative enforcement measures beyond immediate fines (by‑law 40(2)).
Criminal liability and defences. Because Part IIAA of the Criminal Code applies, any prosecution will be tested against Territory criminal law principles (by‑law 5). However, the by‑laws also create numerous strict liability offences meaning absence of mens rea will not negate liability in many cases (see multiple clauses applying strict liability).
Technical standards and third‑party rules. The microchip requirement ties local registration to specified Australian Standards (by‑law 2). Similarly, euthanasia and treatment procedures are framed by veterinarians’ professional obligations and Australian Veterinary Association standards (by‑laws 36-37), producing an interaction between public law enforcement and private professional standards.
Administrative law limits. The by‑laws provide procedural steps such as show‑cause notices and decision timeframes but do not create a specific statutory internal appeal. Remedies for perceived excess of Council power or procedural failure will derive from general administrative law (judicial review) under Territory law rather than an appeal or review mechanism within these by‑laws.
Debt and civil recovery. Costs incurred by the Council in removing dead animals or treating diseased animals are recoverable as debts (by‑laws 44(2), 36(8)), meaning Council can pursue owners by civil means alongside criminal or infringement enforcement.

These interactions place the by‑laws in a web of Territory and national standards, enforcement tools and professional obligations. Compliance planning must therefore consider the broader statutory environment: microchip standards, professional veterinary requirements, criminal law principles and the Fines and Penalties (Recovery) Act enforcement consequences.

The by‑laws include limited explicit amendment history in the Endnotes; this section summarises what the source records and the mechanical consequences.

Making and commencement. The by‑laws are Litchfield Council (Dog Management) By‑laws (SL No. 12, 2017), notified and commenced on 5 July 2017 (Endnote 2). The text of the instrument as presented is “as in force at 5 July 2017”.
Repeal of former by‑laws. The instrument expressly repeals previous by‑laws in the Litchfield local government area that were in force immediately before commencement: all by‑laws made under section 188 of the Local Government Act 1993 and all by‑laws continued in force under section 262(2) of the Local Government Act 2008 (by‑law 49). This is a direct transitional move to consolidate the dog management regime into the present by‑laws.
Transitional provisions. Transitional matters include an automatic registration treatment for dogs that were microchipped under the former by‑laws and had details provided to the Council: such dogs are “taken to be registered” under these by‑laws (by‑law 50). Offence provisions are specified to apply only to conduct after commencement, with former by‑law offences continuing to apply to pre‑commencement conduct (by‑law 51(1)-(3)).
Post‑enactment formal amendments. The Endnotes record that the Interpretation Legislation Amendment Act 2018 made formal amendments of a non‑substantive nature to by‑laws 1, 2, 40 and 49 (Endnote 3). The endnotes characterise these as “of a formal nature (which are not referred to in the table of amendments to this reprint)”, indicating they are not policy changes but likely typographical or interpretative updates following the Interpretation Legislation Amendment Act 2018. The source does not specify textual detail of those formal amendments.
No subsequent substantive amendment text is included in the provided instrument. The by‑laws as presented reflect the consolidated text up to the 2018 formal amendments noted in the Endnotes. There is no schedule in the provided source listing further amendment dates, policy changes, or later reprints.

What the history implies for practitioners

For historical conduct, the transitional rule in by‑law 51 is critical: the by‑laws’ offence provisions apply only to offences committed after commencement (by‑law 51(1)). Conduct that straddles commencement must be analysed against the former by‑laws for pre‑commencement parts and these by‑laws for post‑commencement parts (by‑law 51(3)).
The automatic registration for previously microchipped dogs (by‑law 50) simplifies transition for owners who complied under previous by‑laws and supplied microchip details to Council.
The limited amendment history in the source means practitioners should check more current statutory reprints or Council notices to determine whether substantive amendments or local Council determinations (for licence thresholds, fencing requirements, exercise and restriction area declarations) have been made since 2017. The by‑laws themselves envisage Council determinations and published notices for exercise/restriction areas and licence/fencing determinations (by‑laws 14(2)-(3), 22(2)-(3), 23(3)-(4)) so up‑to‑date Council resolutions and website notices are part of the operative law.

In short, the statutory text records initial enactment in 2017, repeal of earlier Litchfield by‑laws, narrow formal amendments in 2018, and transitional rules to carry over certain microchipped dogs. The by‑laws leave substantive implementation details to Council determinations and to subsequent administrative acts, which are likely to change over time and should be checked in current Council records.

The provided legislative text does not include any judicial decisions or case citations. The by‑laws themselves do not list or refer to litigation, judicial interpretations or precedent.

Practical consequences of absent litigation references

No statutoryly included case law. Because the instrument contains no reported decisions, there is nothing in this source that indicates how courts have interpreted ambiguous provisions such as the scope of “properly contained”, the application of Part IIAA in specific fact patterns, or the boundaries of Council discretion in refusing registration or cancelling licences.
Reliance on Territory and general administrative law. Questions about procedural fairness, reasonableness of conditions, or review of Council decisions would be litigated under Territory administrative law principles and general criminal law. Since the by‑laws apply Part IIAA of the Criminal Code (by‑law 5), any prosecution will be decided in the normal criminal courts; judicial interpretation of analogous provisions in other jurisdictions may be persuasive but is not part of these by‑laws.
Evidence and register entries. The by‑laws give CEO‑signed extracts evidentiary weight (by‑law 4), which may reduce evidentiary disputes in prosecutions. However courts retain discretion under by‑law 4 to order production of registers if necessary.
Potential litigation points in future. Based on the by‑laws’ text, likely litigation or review issues (not present in the source) could include:
- Whether Council's refusal to register or licence was lawful given the limited prescribed matters the Council must consider and the requirement to provide written reasons (by‑law 8(5), 14(5)).
- Challenges to seizure or destruction decisions under by‑laws 32 and 37 where owners claim humane destruction was unnecessary or that procedural safeguards were inadequate.
- Disputes over whether an owner’s conduct falls within a strict liability offence and whether a “reasonable excuse” defence applies, with Part IIAA principles in play.
- Arguments about the adequacy of public consultation before a dog exercise area or restriction area declaration given the specific 28‑day publication and obligation to consider responses (by‑laws 22(2)-(3), 23(3)-(4)).
Need for case research outside this text. Practitioners seeking litigation guidance must therefore consult court databases, administrative law decisions and Territory criminal decisions to see how courts have applied the relevant by‑laws and the interfacing Acts (Local Government Act 2008, Criminal Code, Fines and Penalties (Recovery) Act 2001).

In short, the text does not provide litigation history. Any practitioner advising on contentious enforcement should verify current case law and administrative decisions in the Northern Territory that may interpret or apply these by‑laws and the referenced statutes.

This section flags clauses and interactions that commonly produce compliance, legal or operational surprises. Each point cites the relevant by‑law and explains the concrete mechanism.

Strict liability is frequent. Many offences are expressly strict liability (for example by‑laws 9(2), 24(2), 25(2), 27(3), 28(3), 30(3), 31(2)). This shifts the evidentiary burden: absence of intent is not a defence in those clauses. Only where the by‑law expressly provides a “reasonable excuse” or other defence can mental element arguments assist (see by‑laws 10(3), 11(4), 12(4), 13(4), 30(4), 36(11)). Practitioners should note that strict liability increases enforcement exposure even where negligent or inadvertent conduct is alleged.
Microchip is a hard requirement for registration. By‑law 8(4) mandates refusal to register a dog that is not implanted with a microchip complying with the nominated Australian Standards (by‑law 2). This is not a discretionary ground; it is a mandatory bar to registration. Owners cannot rely on Council leniency for un‑microchipped dogs if registration is sought.
Short administrative timeframes. The Council must act on registration and licence applications within 14 days (by‑laws 8(1), 14(1)). Change notifications by owners (change of ownership, change of address) must be made within 14 days (by‑laws 11(1), 12(1)). Failure to meet these short deadlines can attract infringement or prosecution exposure under strict liability provisions.
Infringement schedule uses penalty units, not dollar amounts. The Schedule lists prescribed amounts in penalty units (Schedule to by‑law 38). But the monetary value depends on the value of a penalty unit under Territory law, which is not set in these by‑laws. To compute the dollar amount practitioners must check the current monetary value of a penalty unit in the Northern Territory.
Broad seizure and destruction powers. An authorised person may seize and may destroy a dog that is diseased, injured, savage or destructive if, in the authorised person’s opinion, destruction is necessary (by‑law 32(2)). Separately, the CEO may arrange for destruction after 72 hours of impounding unless an investigation is ongoing (by‑law 37(1)-(2)). These provisions give operational officers discretion to make irreversible decisions quickly, which poses risk for owners and creates evidence‑preservation issues for contested cases.
Owner liability for Council treatment costs as debt. The Council can recover reasonable costs for treatment of diseased dogs as a debt from the owner to the Council (by‑law 36(8)). This is a civil monetary exposure separate from criminal penalties and can be enforced as a debt.
Inconsistency between administrative steps and operational action. The by‑laws require show‑cause before cancellation, and 14‑day operation periods for notices (by‑laws 17-18). But seizure can occur immediately on identification of non‑compliance or at‑large status (by‑law 32). This means Council may take operational action (impoundment) while a separate administrative cancellation process is pending.
Evidence convenience for Council. Extracts signed by the CEO are admissible evidence of register entries without production of the register (by‑law 4(1)). This makes it simpler for Council to prove registration status in prosecutions. Defence counsel should plan to seek production by court order where register context is material.
Public consultation requirements that can be overlooked. For dog exercise and restriction area declarations the Council must publish notices at least 28 days before making the declaration and consider public submissions (by‑laws 22(2)-(3), 23(3)-(4)). If Council fails to comply with these procedural steps, affected persons may have a basis for administrative review.
Offence choice: infringement notice vs prosecution. The Schedule lists which offences are expiable by infringement notice, but the by‑laws do not prevent the Council from prosecuting offences that are not expiable or electing prosecution for greater penalties (by‑law 43(2)(b)-(c)). For listed infringement offences, the Council also retains discretion to prosecute where appropriate as Part 3 does not require giving an infringement notice (by‑law 43(2)(a)).
Obligations tied to sale or transfer of dangerous dogs. Sellers of dangerous dogs must inform prospective purchasers of the status and notify the Council within 24 hours of transfer (by‑law 21(3)). Failure to do so may attract administrative or criminal consequences and may affect liability if a dog later attacks.
Overlap with other Acts and enforcement consequences. Non‑payment of infringement notices is enforceable under the Fines and Penalties (Recovery) Act 2001 and can lead to licence suspension, property seizure, wage garnishee and registration of charges on land (by‑law 40(2)). Owners may inadvertently expose themselves to civil debt enforcement consequences if they treat a by‑law infringement as trivial.
Exemptions are discretionary and conditional. Council can grant event exemptions under by‑law 47, but these may be limited or conditional. Organisers relying on an exemption should secure written notice and review conditions carefully.
Absence of internal appeal mechanism in the by‑laws. The instrument provides show‑cause and written reasons but does not create a statutory internal appeal or merits review. Challenge routes lie in general administrative law avenues and court processes.

These “gotchas” arise from the combination of strict liability, operational discretion, short deadlines and the layering of civil debt recovery mechanisms on top of criminal or administrative penalties. Practitioners should plan mitigation strategies accordingly.

This section offers a practical compliance checklist and suggested procedures grounded in the by‑laws, organised for owners, occupiers, event organisers and Council administrators. Each action ties directly to the by‑law reference.

For dog owners (routine compliance)

Register promptly. If you keep a dog in the Litchfield Council area for three months or more, register the dog with Council. The Council must make a decision within 14 days of application (by‑laws 9(1), 8(1)). Provide microchip details on application because registration must be refused if the dog is not microchipped (by‑law 8(4); by‑law 2 microchip definition).
Microchip standards. Ensure microchips comply with AS 5018 - 2001 and AS 5019 - 2001 as required by the microchip definition (by‑law 2). Keep documentation of the microchip manufacturer, implantation date and unique identifier as proof for registration and any later disputes.
Update registrations quickly. Notify the CEO within 14 days of any change of ownership (by‑law 11(1)) or change of address (by‑law 12(1)). Keep copies of posted or emailed notifications and proof of delivery in case of enforcement action under strict liability provisions.
Containment and at‑large rules. Ensure the dog is “properly contained” on the premises where it is usually kept , either within secure fencing, inside a building or otherwise appropriately confined (definition at by‑law 2; containment obligation at by‑law 24(1)). When off the premises, keep the dog under effective control as defined (leash no longer than 3 metres, person holding it competent and over 12 years) to avoid an offence for being at large (by‑law 25).
Prevent nuisance and dangerous behaviour. Take active measures to prevent menacing, attacking and nuisance behaviour. This includes supervising interactions with other people and animals, training where necessary, and removing and disposing of faeces promptly to avoid nuisance offences (by‑law 27-30). Keep records of training, veterinary visits and behavioural interventions to support reasonable excuse defences if required.
Dangerous dog specific compliance. If your dog is declared dangerous, comply with all conditions: on‑site containment, signage visible from the front boundary, leash and muzzle off‑site, age and competence of handler, notification to Council of attacks, relocation, disappearance and death within the stipulated timeframes (by‑law 21(1)-(4)). Keep written evidence of signage, leashing and muzzling practices.
Respond to Council notices. If you receive a show‑cause notice under by‑law 17, respond promptly and in substance. The Council must consider responses before cancelling or varying registration or licence (by‑law 17(2)). Missing a response may forfeit the opportunity to influence the decision.

Financial and recordkeeping measures

Budget for fees and treatment costs. Council may charge fees for registration, licence, inspection and impoundment (by‑law 48). If Council treats a diseased dog, owners are liable for reasonable treatment costs as a debt (by‑law 36(8)). Keep funds available and maintain payment records.
Keep records and evidence. Maintain copies of registration certificates, microchip documentation, veterinary certificates, transfer records, fencing standards and correspondence with Council. Because CEO extracts from the register are admissible as evidence (by‑law 4), keeping contemporaneous documentary records helps avoid disputes.

For occupiers and premises licence holders

Check Council determinations on maximum dogs and fencing. Before keeping multiple dogs or applying for a licence, check Council’s determinations on maximum numbers and fencing requirements. Council must not grant a licence if premises are not fenced according to its determination (by‑law 14(3)). Assemble plans, photos and compliance certificates to support licence applications.
Licence applications and renewals. Submit complete licence applications because the Council must decide within 14 days (by‑law 14(1)). For renewals, the Council may renew without a full reassessment if no new matters have arisen (by‑law 14(4)). Keep records showing no material change to premises between renewals.

For event organisers and clubs

Seek written exemptions for activities. If you plan dog races, shows, obedience events or similar activities where containment or at‑large rules would otherwise apply, obtain a written exemption from Council under by‑law 47(1). Ensure you understand and comply with any conditions attached to the exemption (by‑law 47(2)).

When a dog is seized or impounded

Act quickly on impoundment notices. If a registered, microchipped dog is impounded the CEO must notify the registered owner (by‑law 34(1)). For dogs without microchips or collars with addresses the CEO may provide notice but is not obliged to notify in other cases (by‑law 34(2)-(3)). Timely action reduces risk of destruction after 72 hours (by‑law 37(1)).
Prepare to prove ownership. To reclaim a dog from a pound you must satisfy the council employee that you are the owner or authorised agent and pay release fees; the dog must generally be registered to be released (by‑law 35). Bring registration and microchip documentation and photographic ID.
Respond to disease notices. If the CEO notifies you that an impounded dog is diseased, follow the specified treatment or destruction instructions and produce veterinarian reports within the time required or face strict liability offences (by‑law 36(4)-(6), 36(9)-(11)).

For legal and compliance advisers

Check penalty unit values. The Schedule specifies prescribed amounts in penalty units only; confirm the current monetary value of a penalty unit in the Northern Territory to calculate dollar exposure for infringement notices (by‑law 38(2) and Schedule).
Prepare for strict liability exposure. Where strict liability applies, advise clients to adopt preventative measures, maintain documentary proof of compliance and exercise caution about discretionary Council determinations that may trigger enforcement.
Review Council determinations and notices. Because the by‑laws give substantive discretion to Council for licence limits, fencing requirements and exercise/restriction areas, review Council resolutions, website notices and published public notices regularly to keep compliance up to date (by‑laws 14(2)-(3), 22(2), 23(3)).
Manage contested enforcement. If a client faces seizure or destruction, seek immediate legal advice to assess injunctive options or evidence preservation strategies. Remember the by‑laws allow destruction where an authorised person deems it necessary for injured, disease or savage animals (by‑law 32(2)); time is therefore critical.
Use procedural protections. Where the Council issues show‑cause notices (by‑aw 17), respond substantively and within any stated timeframe. The by‑laws require the Council to consider responses before cancelling or varying registrations or licences (by‑aw 17(2)), so a well‑timed, evidence‑based reply may prevent or narrow subsequent enforcement.

Summary checklist for ordinary owners

Microchip your dog to the required standard and retain implant documentation (by‑law 2, 8(4)).
Register within statutory timelines and keep registration current (by‑law 9).
Notify the CEO within 14 days of ownership or address changes (by‑laws 11, 12).
Keep dogs properly contained on premises and under effective control off‑premises (by‑laws 24-25).
Comply strictly with dangerous dog conditions if applicable (by‑law 21).
Remove faeces, limit barking nuisance, avoid menacing/attacking or chasing behaviour (by‑laws 27-30).
Maintain documentary proof of compliance and respond promptly to Council notices to reduce enforcement exposure.

Following these steps addresses the principal operational duties and reduces the risk of infringement notices, seizure, impoundment costs and prosecution under the by‑laws.

LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017

Plain English Summary

Deep Dive

What it does

Current sections

LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017

Source text: opening excerpt

1 LITCHFIELD COUNCIL (DOG MANAGEMENT) BY-LAWS 2017

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