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.