MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS 1992 (Northern Territory)

These by-laws set out how dogs must be registered, licensed and controlled in Mataranka, including identification, dog-exercise and dog-restriction areas, seizure, impounding, treatment or destruction, offences and penalties. They affect dog owners and occupiers (who pay registration, licence, pound and infringement fees) and give the Council and authorised officers discretion to decide registrations, conditions and enforcement (see by-laws 9, 13, 34–39, 45). The stated purpose is to regulate dog-keeping so it is compatible with a congenial residential environment (by-law 2).

These by-laws set a local regulatory framework for dog ownership, control, impounding and enforcement within the Mataranka community government area. They operate as subordinate legislation under the Local Government Act 2019 (see the instrument heading) and were originally made in 1992 with subsequent formal amendments listed in the endnotes. The by-laws operate by (a) defining terms and jurisdiction (by-laws 3 and 4); (b) requiring registration of dogs and licensing of premises where specified numbers or classes of dogs are kept (by-laws 9 to 15 and 22); (c) giving the Council and authorised officers powers to declare dog exercise and dog restriction areas (by-law 19), to seize and impound dogs (by-laws 34 to 35), and to arrange destruction where permitted (by-laws 34, 39 and 41); and (d) providing a schedule of offences, defences and penalties together with an infringement notice scheme (by-laws 20 to 33 and 44 to 46, Schedule 1 and Schedule 2).

Mechanically, the by-laws create an administrative pathway: owners apply (by-law 9) and the Registrar maintains a register (by-law 7); the Council has 21 days to decide whether to register a dog or grant a licence (by-laws 10 and 14); registration typically runs until 30 June following registration (by-law 12); licences run for up to 12 months (by-law 15). The Council may refuse registration or impose conditions on objectively identified grounds, including prior convictions, repeated impoundments, or that the dog is destructive or dangerous (by-law 10(2)). The Council may determine fencing standards that become a precondition for registration or licence (by-laws 10(2)(d), 14(3)). The Council must give written reasons where registration or licence is refused or made conditional (by-laws 10(4), 14(5)).

Enforcement is both criminal and administratively remedial. Offences carry fines on conviction up to $2,000 and additional daily penalties (by-law 44). Alternatively, authorised officers may issue notices of infringement under a fixed penalty scheme (by-law 45, Schedule 1, Schedule 2). Authorised persons may seize dogs that are at large or apparently diseased, injured, savage or stray, and either impound or in some circumstances destroy them if necessary (by-law 34). Impounded dogs may be released only in prescribed ways and subject to fees (by-law 38). Owners have prescribed statutory defences for several offences and limited appeal rights from council administrative decisions (by-laws 20(2), 22(2), 23(2), 27(2), 47).

The stated purpose is to "provide for the keeping of dogs within Mataranka in a manner that is compatible with the enjoyment by residents of a congenial residential environment" (by-law 2). The by-laws translate that policy aim into threshold duties, registration and licensing mechanics, discrete offences for a range of behaviours, and mechanisms for the Council to localise limits on breeds or numbers and to set local conditions such as fencing, exercise areas and impoundment terms (by-laws 19, 10(2)(d), 14(2)).

Definitions and scope: the by-laws commence by defining key concepts that structure the regulatory regime. "Dog" is defined expansively as an animal of the genus Canis (by-law 3(1)). "Registered owner", "registrar", "pound", "identification device" (including dog-tag, permanent electronic subcutaneous implant, tattoo or other approved device) and "dog at large" are all defined and trigger specific duties (by-law 3(1) and (3)). The regulation applies "to all areas within Mataranka" unless a contrary intention appears (by-law 4).

Registration and identification: registration is the primary mechanism for creating traceability and administrative control (by-laws 9 to 12). The Registrar must keep a register in the form determined by Council and may store it electronically or in other media (by-law 7(1) and (3)). Upon registration the Council issues a dog-tag unless the dog has a permanent electronic implant (by-law 11). The register is to include details of dogs, licences and offences known to the Council, and must incorporate the register referred to in s 5(d) of the Dog Act Repeal Act 1991 (by-law 7(1)-(2)).

Licences and premises controls: occupants of premises where more dogs than the Council determines are usually kept must obtain a licence (by-law 13 and 22). Council may consider facilities for controlling dogs, the number of dogs, and likely local impacts when determining licences (by-law 14(2)). The Council may refuse or condition licences and registrations on premises being fenced "in the manner determined by the Council" (by-laws 10(2)(d) and 14(3)).

Dog exercise and restriction areas: the Council may, by resolution, declare specific areas as dog exercise areas or dog restriction areas, specifying times and conditions for exercise, and prohibiting keeping all dogs, more than a specified number, or specified breeds within restriction areas (by-law 19(1)-(2)). The Council must give at least 21 days prior notice by newspaper and service on adjacent owners before declaring such an area (by-law 19(3)).

Behavioural offences and defences: a catalogue of conduct-based offences is set out. These range from keeping an unregistered dog (by-law 20), failing to observe conditions of registration or licence (21), failing to hold a required premises licence (22), keeping dogs in restricted areas (23), removal of identification devices (24), dogs being at large (25), enticement (26), dogs attacking or menacing persons or animals (27), dogs chasing vehicles (28), nuisance behaviour including persistent barking and repeated fouling (29), abandoning dogs (30), and obstructing authorised officers or removing dogs from custody (31). Several defences are explicitly provided, such as for guide dogs (by-law 5), for owners who can prove particular factual circumstances (e.g., by-law 20(2) defence for dogs not usually kept within Mataranka for 4 months; by-law 27(2) defences related to enticement).

Primary regulated persons: registered owners and owners broadly defined (by-law 3(2)) are the principal addressees of duties and offences throughout the by-laws. The term "owner" in many provisions includes the person with control of the dog, the occupier of premises where the dog is usually kept, and, for young owners, a parent or guardian (by-law 3(2)). This means that both the person who holds legal title to a dog and those exercising day-to-day control can be liable under the by-laws.

Premises occupiers: occupiers of premises where more than a Council-prescribed number or class of dogs are kept must obtain a licence (by-law 22). The occupier is specifically targeted by duties to obtain licences and by the Council’s power to refuse licences where premises are not fenced in accordance with Council determinations (by-law 14(3)). The occupier is also subject to penalties if they do not ensure compliance with licence conditions (by-law 21).

Council officers and authorised persons: the Council, the Registrar (who the Council may appoint under by-law 6), pound managers (by-law 36(2)) and other authorised persons are given both administrative responsibilities and enforcement powers (by-laws 7, 34, 36). Delegations from the Council to officers must be by resolution and may carry conditions (by-law 8).

Veterinarians: veterinarians are specifically referenced in multiple roles. A veterinarian must issue sterilisation certificates when they sterilise a dog if the Council has approved such a certificate (by-law 32(4)). Veterinarians also provide advice about disease status for pound managers (by-law 40(1)(a)). The definition of veterinarian is linked to the Veterinarians Act 1994 (by-law 3(1)).

People using public spaces and adjacent owners: the public at large is affected by dog exercise area declarations and dog restriction area declarations. Council resolutions under by-law 19 can create spatial rules about where dogs may be exercised, the times when dogs may be exercised and conditions of use, and can prohibit keeping certain dogs in restriction areas (by-law 19(1)-(2)). The Council must give 21 days’ notice and serve adjacent owners before making such a declaration (by-law 19(3)); adjacent owners are therefore a specifically notified stakeholder.

Pound managers and Council as creditor: the by-laws make the owner liable for costs of veterinary treatment reasonably provided by a pound manager for diseased animals and for any other animals infected or at risk before isolation could be effected (by-law 40(7)). The Council is positioned as creditor for such costs.

Registration and identification duties: owners must register dogs kept within Mataranka (by-law 20(1)) subject to the statutory defence that the dog had not been usually kept in Mataranka for 4 consecutive months prior to the alleged offence (by-law 20(2)). Upon registration, unless the dog has a permanent electronic implant, the Council must issue a dog-tag to the applicant (by-law 11). Owners must ensure identification devices are not removed without reasonable cause and must not have dogs at large without an identification device (by-law 24).

Licence and premises duties: occupiers of premises keeping more dogs than the number determined by the Council must obtain a licence (by-law 22(1)). It is a defence if the occupier proves the dogs had not been kept at the premises for 3 consecutive months prior to the alleged offence (by-law 22(2)). The Council may take account of facilities, numbers of dogs and likely local impacts when assessing licence applications (by-law 14(2)); it may refuse licences if premises do not meet fence determinations (by-law 14(3)). Where a licence is granted, holders must observe any conditions attached; contravention of conditions is an offence (by-law 21).

Control and conduct duties in public and private: owners must keep dogs under "effective control" when in public, defined to include a leash no longer than 2.5 m held by a competent person, enclosed in a vehicle, or inside a dog exercise area subject to conditions (by-law 3(4)). Owners are liable if their dogs attack, menace or chase people or animals or vehicles (by-laws 27 and 28). Owners must prevent persistent nuisance behaviour including repeated barking and fouling; owners who remove faeces immediately avoid liability for the foulings prescribed in by-law 29(3)(c) (by-law 29(4)).

Impound and pound duties: authorised persons may seize dogs that are at large or in certain conditions (by-law 34); seized dogs are to be delivered to a pound as soon as practicable (by-law 35(1)). Impounded dogs are not to be released unless registered, other than where the dog had not been usually kept in Mataranka for 3 consecutive months (by-law 38(1)-(2)). Release is only to the owner or an authorised agent and only upon payment of maintenance and release fees determined by the Council (by-law 38(1)(b)-(c)).

Disease and treatment obligations: when a pound manager becomes aware a dog is diseased or suspected of being diseased, the pound manager must isolate the dog and notify Council; the Council may require destruction or a specified course of treatment and may require the owner to produce veterinary reports relating to the diseased dog or other dogs at the premises (by-law 40(1)-(3)). The owner is liable for reasonable treatment costs provided by the pound manager under these provisions and such costs are a debt to the Council (by-law 40(7)).

Criminal penalties on conviction: breaches of the by-laws constitute offences and attract on conviction a penalty not exceeding $2,000 and, in addition, up to $100 per day for continuing offences (by-law 44). The by-laws do not specify tiers of maximum penalties for each offence in the main text; instead, the maximum general penalty is set out at by-law 44, while Schedule 1 and by-law 45 create fixed penalties as an alternative to prosecution.

Fixed penalty and infringement notices: by-law 45 establishes a fixed penalty alternative to prosecution. The default fixed penalty is $50 unless a different sum is listed in Schedule 1 for specific by-laws (by-law 45(2)(a)). Schedule 1 lists particular by-laws and corresponding amounts. The form of notice of infringement is set out in Schedule 2 and may be issued by an authorised person (by-law 45(2)(b) and (c)). Payment must generally be made within 14 days after service to avoid prosecution, and the payment process is described in Schedule 2 (by-law 45(2)(e) and Schedule 2).

Enforcement powers: authorised persons may seize animals that are at large or apparently diseased, injured, savage, destructive or stray (by-law 34). An authorised person may destroy an animal where they consider it necessary in the circumstances described in by-law 34(b). Seized animals are to be delivered to a pound as soon as practicable, though an authorised person may return a dog to its owner in some circumstances such as issuing a notice of infringement (by-law 35(1)-(2)).

Impounding, release and destruction procedures: Council may establish pounds and appoint pound managers (by-law 36). Where a registered dog is impounded, the pound manager must notify the Registrar who serves a notice on the registered owner (by-law 37(1)). Dogs in pounds are not to be released unless they are registered and to the owner or authorised agent, and only on payment of maintenance and release fees determined by Council (by-law 38(1)). A pound manager may arrange for destruction after the period determined by Council (by-law 39). Where a pound manager has reasonable grounds to suspect disease, isolation and notification duties apply and Council may require destruction or specified treatment (by-law 40). Destruction in pounds must be by a veterinarian or person the pound manager regards as qualified and by a method approved by the Australian Veterinary Association (by-law 41).

Administrative notices and show-cause: the Council may, on application or otherwise, cancel, vary or suspend registrations and licences (by-laws 16 and 17). Where acting otherwise than on request the Council must serve a notice requiring the registered owner or licence holder to show cause, and may later, after at least 7 days, cancel, vary or suspend as specified (by-law 17(1)-(2)). Such notices take effect 7 days after service (by-law 18).

Intertextual references in the text: the by-laws expressly cross-reference several other statutes and former instruments. They incorporate the register referred to in section 5(d) of the Dog Act Repeal Act 1991 into the Council’s register (by-law 7(2)). The definition of "veterinarian" is linked to the Veterinarians Act 1994 (by-law 3(1)). The by-laws are labelled "By-laws under the Local Government Act 2019" indicating their source power; the endnotes record commencement dates and the interaction with Local Government Act 2019 provisions (ENDNOTES, List of Legislation). The Interpretation Act 1978 is specifically excluded in one respect: s 57 of the Interpretation Act 1978 does not apply to these by-laws (by-law 48(1)).

Effect of repeal and re-use of prior registers: by-law 7(2) requires the Registrar to keep as part of the register "the register referred to in section 5(d) of the Dog Act Repeal Act 1991". That creates continuity with previous statutory records and suggests that offences and registration history under the earlier Act are intended to be carried forward and available for Council decision-making under by-law 10(2)(a) and 10(5), which counts prior convictions including payments under notices of infringement as convictions for the purposes of refusing registration.

Tribunal appeals and judicial process: administrative decisions of the Council under these by-laws (other than decisions to commence criminal proceedings) are appealable to the Tribunal in a form approved by the President of the Tribunal (by-law 47). The Local Court presumably remains the criminal forum for offence prosecutions, given the infringement/prosecution alternative in by-law 45 and Schedule 2 which references the Local Court process for prosecutions, and the endnotes which mention the Local Court (Related Amendments) Act 2016. The by-laws do not specify every procedural step for prosecution, but the existence of the infringement mechanism provides an administrative alternative to court proceedings.

Veterinary and animal welfare interface: the by-laws require veterinary involvement in certain circumstances and constrain methods of destruction to those approved by the Australian Veterinary Association (by-law 41). The Veterinarians Act 1994 provides the statutory definition of veterinarian that the by-laws rely upon (by-law 3(1)). Pound managers must isolate and notify where animals are suspected to be diseased, and the Council can require destruction or treatment (by-law 40). Those provisions create an operational interface between local government enforcement and recognised veterinary practice.

Chronology in the instrument: the by-laws were originally notified and commenced on 4 November 1992 (ENDNOTES, List of Legislation). The endnotes provide a concise list of subsequent formal amendments and related Acts that have affected the text or its reprint. Those include the Statute Law Revision Act 2005 (Act No. 44 of 2005) which amended several by-laws (ENDNOTES 2 and 4), the Local Court (Related Amendments) Act 2016 which amended Schedule 2 (ENDNOTES 2 and 4), the Local Government Act 2019 which is listed in the instrument's header with commencement entries for parts in 2021 and 2022 (ENDNOTES 2), the Statute Law Revision Act 2020 (Act No. 26 of 2020), and the Local Government Amendment Act 2021 (Act No. 15 of 2021) (ENDNOTES 2).

Specific amendments recorded: the List of Amendments at ENDNOTES 4 itemises particular changes: by-law 3, by-law 20 and by-law 32 were amended by the Statute Law Revision Act 2005 (Act No. 44, 2005, s 35); by-laws 40 and 41 were likewise amended by that Act. Schedule 2 was amended by the Local Court (Related Amendments) Act 2016 and by the Local Government Act 2019 (ENDNOTES 4). The reprint notes general formal amendments of a technical nature made by the Interpretation Legislation Amendment Act 2018 to bl 1, 3, 7 and 48 and Schedule 2 (ENDNOTES 3).

Reprints and commencement effects: the endnotes explain that the by-laws are shown "As in force at 1 July 2021" and list subsequent formal amendments, reprints and their source Acts. The Local Government Act 2019 is recorded with assent date 13 December 2019 and commencement of significant parts in 2021 and 2022 (ENDNOTES 2). The endnotes therefore provide the statutory lineage and identify which higher-level legislative changes produced the formal amendments or reprints reflected in the current text.

Nature of amendments: the instrument identifies both substantive amendments (for example, amendments to particular by-laws by the Statute Law Revision Act 2005) and general formal amendments of a technical nature (Interpretation Legislation Amendment Act 2018). Schedule 2, the notice of infringement form, has been amended by later Acts (Local Court (Related Amendments) Act 2016; Local Government Act 2019), which suggests procedural modernization consistent with court reform and local government legislative updates.

How to trace further changes: to trace the precise textual alterations, practitioners should consult the amending Acts cited in the endnotes and the Gazettal notices referenced (for example Gaz S34, 29 April 2016 and Gaz S27, 30 June 2021). The endnotes list the specific Act numbers and dates of assent and commencement which allow a researcher to retrieve the amending provisions and compare the historic versions.

No cases or judicial decisions are cited in the by-laws, and the instrument’s endnotes do not list any reported litigation concerning the by-laws themselves. The text provides an administrative appeal route to the Tribunal for persons aggrieved by a Council decision other than a decision to commence criminal proceedings (by-law 47). That implies the primary dispute pathways are administrative review before the Tribunal for council decisions, and prosecution or payment of infringement notices for alleged offences.

What is recorded in the by-laws about evidence and appeals: the by-laws create an evidentiary structure to be used in courts and tribunals. Extracts from the register and minutes of Council meetings are prima facie evidence when signed by the Registrar or the clerk respectively (by-law 46(1) and (3)). Statements by the Registrar about register entries are also prima facie evidence (by-law 46(2)). Those evidentiary provisions are designed to facilitate enforcement and court proof, and they point to the kinds of documents that prosecution or defending parties would rely upon if proceedings were brought.

Tribunal appeals: where administrative decisions are challenged, the by-laws direct appeals to the Tribunal "in a form approved by the President of the Tribunal" (by-law 47). That indicates the Tribunal is the specialist forum for administrative review of Council decisions under the by-laws. The by-laws do not identify further internal appeal steps or the standard of review; practitioners should consult Tribunal rules and relevant procedural law when preparing appeals.

Absence of recorded jurisprudence in the instrument: because the by-laws are a local regulatory instrument, any litigation or appellate decisions that interpret or apply these by-laws would be found in court or tribunal records rather than in the by-laws themselves. The absence of case names or citations in the instrument means there is no on-instrument jurisprudential history to summarise. Researchers or practitioners seeking litigation history must search local court and tribunal databases, or consult Council records of contested matters.

Practical implication: in the absence of an on-instrument litigation history, the by-laws’ text provisions , particularly the definitions, the show-cause and notice requirements (by-laws 16 to 18), the evidentiary aids (by-law 46), and the appeal right to the Tribunal (by-law 47) , are the primary tools for clients facing enforcement, administrative refusal or cancellation. Where fit, parties should compile register extracts, Council minutes, notices of infringement and correspondence to support or contest enforcement action; the by-laws themselves treat those documents as weighty evidence in court or tribunal proceedings (by-law 46).

Evidentiary burdens sit with owners: several defences require owners to prove particular facts. For example, the defence to unregistered-dog offences requires proof that the dog had not been usually kept in Mataranka for 4 consecutive months prior to the alleged offence (by-law 20(2)). The defence to the licence requirement similarly requires proof of a three month absence (by-law 22(2)). In transfer situations, the purchaser must notify the Registrar within 14 days or otherwise risk breach (by-law 42). Those statutory time bars shift evidential burdens onto owners and purchasers.

Prior infringement payments treated as convictions: when the Council considers a registration application it may treat a conviction to include payment of a sum specified in pursuance of a notice of infringement (by-law 10(5)). That means an owner who elects to pay an infringement instead of contesting may later be disadvantaged when applying to register a dog. Practitioners should be aware that accepting the fixed penalty option can have collateral administrative consequences.

Council-determined fencing and conditions: the Council can determine fencing standards and make them a condition of registration or granting a licence (by-laws 10(2)(d) and 14(3)). Those determinations are matters for Council resolution. The by-laws do not prescribe objective fencing standards in the text; instead, the Council sets them. Applicants should obtain the relevant Council resolution to know specific fencing obligations and avoid refusal on this discretionary ground.

Subjective criteria can be decisive: the by-laws authorise refusal of registration if the Council is "satisfied" the dog is "destructive, dangerous, vicious or consistently the cause of nuisance" (by-law 10(2)(c)). Nuisance itself is defined broadly to include behaviour injurious to health or repeated behaviour contrary to the general interest of the community (by-law 29(2)). Those standards give the Council scope to apply local amenity judgments that may be fact-sensitive and contestable.

Authorised persons’ destruction power: by-law 34(b) allows an authorised person to destroy a diseased, injured, savage, destructive, unclaimed or unwanted animal where the authorised person considers it necessary to do so. The text leaves room for a judgement call by the authorised person; although additional safeguards exist for pound managers and methods of destruction (by-laws 39 to 41), the initial destruction power is broad. Practitioners should note that this could be invoked in time-sensitive situations and advise clients to secure identification and timely contact with pound managers to avoid irreversible outcomes.

Immediate practical checklist for owners and occupiers

Register each dog kept within Mataranka and obtain the issued dog-tag or ensure the dog has a permanent electronic subcutaneous implant; follow application processes and pay Council fees as set (by-laws 9, 11, 12).
If you occupy premises where more dogs than a Council-set number or of a Council-set class are kept, apply for a licence in the approved form, supply the required information and fee, and ensure premises fencing complies with any Council determination (by-laws 13 to 15 and 22).
Keep proof of registration, implant or dog-tag on or in association with the dog when in public, and ensure identification devices are not removed without reasonable cause (by-law 24). Maintain proof of ownership and registration documents to facilitate release from a pound if seized (by-law 38(3)).
If you acquire or sell a registered dog, notify the Registrar within 14 days with the purchaser’s name and address, the name of the registered owner and the dog's registration number; if you change address as registered owner, notify within 14 days (by-law 42).
Keep dogs under effective control as defined (leash no longer than 2.5 m held by a competent person; enclosed in a vehicle; or in a dog exercise area subject to conditions) (by-law 3(4)). Know the locations and conditions of dog exercise areas and any dog restriction areas declared by Council (by-law 19).

Disease, sterilisation and veterinary compliance

If your dog is sterilised, obtain and retain the veterinarian-issued certificate if the Council has approved such certificates, and provide proof upon sale or disposal (by-law 32(1), (4)-(5)).
If a dog is seized and suspected to be diseased, cooperate with isolation and treatment requirements and supply requested veterinary reports within the time specified in Council notices (by-law 40(1)-(3)). Be prepared to meet treatment costs that are a debt to Council if the pound manager provides reasonable treatment (by-law 40(7)).
Where your dog is euthanised in a pound, be aware the destruction must be by a veterinarian or qualified person and by a method approved by the Australian Veterinary Association (by-law 41).

Responding to enforcement and notices

If served with a notice under by-law 16 or 17 requiring cancellation, variation or suspension, use the specified show-cause opportunity. A by-law 17 show-cause notice requires the Council to allow at least 7 days before taking action and any notice of cancellation or suspension takes effect 7 days after service (by-laws 17(2) and 18).

NORTHERN TERRITORY OF AUSTRALIA MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS 1992 As in force at 1 July 2021 Table of provisions Part 1 Preliminary 1 Citation ............................................................................................ 1 2 Purpose ........................................................................................... 1 3 Interpretation ................................................................................... 1 4 Application ....................................................................................... 3 5 Exemptions ...................................................................................... 3 Part 2 Administration 6 Registrar .......................................................................................... 4 7 Register ........................................................................................... 4 8 Delegation ....................................................................................... 4 Part 3 Registration and licences Division 1 Registration of dogs 9 Application for registration ............................................................... 5 10 Determination of application ............................................................ 5 11 Identification device ......................................................................... 6 12 Period of registration ....................................................................... 7 Division 2 Licences 13 Application for licence ...................................................................... 7 14 Determination of application ............................................................ 7 15 Period of licence .............................................................................. 8 Division 3 Cancellation, variation, &c., of registration and licences 16 Cancellation, variation, &c., of registration or licence by request ............................................................................................ 8 17 Cancellation, variation, &c., of registration or licence otherwise than by request ................................................................................ 9 18 Operation of notice of cancellation, &c. ........................................... 9 Division 4 Dog exercise areas and dog restriction areas 19 Dog exercise areas and dog restriction areas ................................. 9

Mataranka Community Government Council (Control of Dogs) By-laws 1992 ii Part 4 Control of dogs Division 1 Offences 20 Unregistered dogs ......................................................................... 10 21 Conditions of registration or licence to be observed ...................... 10 22 Requirement for licence ................................................................. 11 23 Keeping of dogs in dog restriction area ......................................... 11 24 Removal of identification device .................................................... 11 25 Dogs at large ................................................................................. 12 26 Enticement..................................................................................... 12 27 Dogs attacking or menacing persons or animals ........................... 12 28 Dogs chasing vehicles ................................................................... 13 29 Dogs causing nuisance ................................................................. 13 30 Abandoning dogs........................................................................... 13 31 Obstruction of officers .................................................................... 13 32 Sterilisation marks and certificates ................................................ 14 33 False information ........................................................................... 14 Division 2 Enforcement 34 Seizure, &c., of dogs ..................................................................... 14 35 Dogs seized to be impounded ....................................................... 15 Division 3 Pounds 36 Establishment, &c., of pounds ....................................................... 15 37 Notice of impounding ..................................................................... 15 38 Release of dogs from pounds ........................................................ 15 39 Destruction of impounded dogs ..................................................... 16 40 Diseased dogs ............................................................................... 16 41 Method of destruction of impounded dogs ..................................... 17 Part 5 Miscellaneous 42 Change of ownership of dog .......................................................... 17 43 Dog races, &c. ............................................................................... 18 44 Penalties ........................................................................................ 18 45 Fixed penalties .............................................................................. 18 46 Matters of evidence ....................................................................... 19 47 Appeals.......................................................................................... 19 48 Publication of By-laws ................................................................... 20 Schedule 1 Schedule 2 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2021

MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS 1992 By-laws under the Local Government Act 2019 Part 1 Preliminary 1 Citation These By-laws may be cited as the Mataranka Community Government Council (Control of Dogs) By-laws 1992. 2 Purpose The purpose of these By-laws is to provide for the keeping of dogs within Mataranka in a manner that is compatible with the enjoyment by residents of a congenial residential environment. 3 Interpretation (1) In these By-laws, unless the contrary intention appears: abandon, in relation to a dog, includes leaving the dog at premises or failing to obtain the release of the dog from a pound. approved means approved by the Council by resolution. Council means the Mataranka Community Government Council. determined by the Council means determined by the Council by resolution. dog means an animal of the genus Canis. dog exercise area means a dog exercise area declared under by-law 19. dog restriction area means a dog restriction area declared under by-law 19. dog-tag means a dog-tag issued under by-law 11.

Part 1 Preliminary Mataranka Community Government Council (Control of Dogs) By-laws 1992 2 guide dog means a dog trained by a guide dog training institution recognised by the Guide Dogs for the Blind Association of South Australia and the Northern Territory Incorporated and used as a guide by a person who is wholly or partially blind. identification device means a device or mark used for identifying an animal registered under these By-laws and includes a dog-tag, permanent electronic subcutaneous implant, tattoo or other approved device or mark. licence means a licence granted or renewed under these By-laws. menace, in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that the dog is likely to attack the person or an animal owned or in the control of the person, and includes a reasonable apprehension that the dog may escape, or be released from restraint, to attack the person or animal. Mataranka means the Mataranka community government area as described in clause 3 of the Mataranka Community Government Scheme. permanent electronic subcutaneous implant means an electronic device that can be implanted into the tissue of a dog for the purposes of identification. pound means a pound established under by-law 36(1)(a) or premises referred to in by-law 36(1)(b). pound manager means a pound manager appointed under by-law 36(2). premises includes land and buildings. public place means a place open to or used by the public or to which the public is permitted to have access, whether on payment of a fee or otherwise, and includes a road. register means the register kept under by-law 7. registered means registered under these By-laws. registered owner, in relation to a dog, means the person appearing in the register as the owner of the dog. Registrar means the Registrar appointed under by-law 6. Repealed Act has the same meaning as in the Dog Act Repeal Act 1991.

Part 1 Preliminary Mataranka Community Government Council (Control of Dogs) By-laws 1992 3 veterinarian means a registered veterinarian within the meaning of the Veterinarians Act 1994. (2) Unless the contrary intention appears, a reference in these By-laws to the owner of a dog (other than to the registered owner) includes: (a) the person for the time being under whose control the dog is; (b) the occupier of premises or a part of premises where the dog is usually kept; and (c) where the owner has not attained the age of 17 years, a parent or guardian of the owner, but does not include a person controlling or keeping a dog under Part 4 Division 2 or 3. (3) A reference in these By-laws to a dog at large is a reference to a dog, other than a dog in the custody of an authorized person or in a pound, in a place other than premises owned or occupied by the owner of the dog. (4) For the purposes of these By-laws, a dog is under effective control if the dog is: (a) restrained by a leash, cord, chain or similar device, not longer than 2.5 m in length, held by a person who is competent to restrain the dog; (b) enclosed in a 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 and the dog is not a female dog in oestrus. 4 Application Unless the contrary intention appears, these By-laws apply to all areas within Mataranka. 5 Exemptions By-laws 20, 21 and 23 do not apply to or in relation to a guide dog.

Part 2 Administration Mataranka Community Government Council (Control of Dogs) By-laws 1992 4 Part 2 Administration 6 Registrar The Council may appoint an officer of the Council to be the Registrar for the purposes of these By-laws. 7 Register (1) The Registrar shall keep a register in the form determined by the Council containing details of: (a) all dogs registered by the Council; (b) all licences granted by the Council; and (c) all offences, known to the Council, against these By-laws or the Repealed Act: (i) for which a registered owner has been convicted; or (ii) in relation to which a registered owner has paid a sum specified by these By-laws in pursuance of a notice of infringement issued under these By-laws. (2) The Registrar shall keep, as part of the register, the register referred to in section 5(d) of the Dog Act Repeal Act 1991. (3) The Registrar may keep the register in such medium or combination of mediums as the Registrar thinks fit including, but not limited to: (a) a computer; (b) micro film; or (c) paper. 8 Delegation (1) Subject to this by-law, an officer or employee of the Council may, for the purposes of these By-laws, exercise all or any of the following powers: (a) sign, seal or sign and seal notices, orders and agreements which the Council is entitled to issue, sign, seal, revoke or cancel; (b) sign letters, receipts and other documents;

Part 3 Registration and licences Division 1 Registration of dogs Mataranka Community Government Council (Control of Dogs) By-laws 1992 5 (c) do or perform an act, deed or thing necessary, ancillary or incidental to the exercise of the functions of the Council under these By-laws. (2) An officer or employee of the Council shall exercise a power conferred by clause (1) only on the resolution of the Council and in accordance with the conditions, if any, imposed by the Council. (3) A determination under clause (2) may be of a general nature or for a class or classes of cases or be with respect to a particular case. (4) A power or function delegated under this by-law, when exercised or performed by the delegate, shall, for the purposes of these By-laws, be deemed to have been exercised or performed by the Council. Part 3 Registration and licences Division 1 Registration of dogs 9 Application for registration (1) The owner of a dog may apply to the Council: (a) to register; or (b) where the dog is registered, before the expiration of the registration, for a renewal of the registration of, the dog. (2) An application under clause (1) shall be in the approved form accompanied by: (a) the application fee determined by the Council; and (b) such other information, relevant to the determination of the application, that the Council requires the applicant to provide. (3) A person who fails to renew the registration of a dog before the registration expires may apply to register the dog under clause (1)(a). 10 Determination of application (1) The Council shall, not later than 21 days after receiving an application under by-law 9: (a) register or renew the registration of the dog, either conditionally or unconditionally; or

Part 3 Registration and licences Division 1 Registration of dogs Mataranka Community Government Council (Control of Dogs) By-laws 1992 6 (b) refuse to register or renew the registration of the dog, in which case the Council shall refund to the applicant the fee accompanying the application. (2) The Council may refuse to register or renew the registration of a dog: (a) if, within the period of 12 months before the date of the application, the owner of the dog has been convicted of more than 2 offences against these By-laws or the Repealed Act; (b) if, within the period of 12 months before the date of the application, the dog has been impounded under these By-laws or the Repealed Act on more than 2 occasions; (c) if the Council is satisfied that the dog is destructive, dangerous, vicious or consistently the cause of nuisance to members of the public; or (d) if the premises on which the dog is usually kept are not fenced in the manner determined by the Council. (3) The Council shall refuse to register or renew the registration of a dog: (a) if, in keeping the dog on the premises on which the dog is usually kept, the applicant would be in breach of by-law 22; or (b) if the dog, other than a dog referred to in by-law 23(2), is usually kept on premises within a dog restriction area. (4) If the Council refuses to register or renew the registration of a dog, or imposes conditions on the registration or renewal of the registration of a dog, the Council shall serve on the applicant a statement in writing of the reasons for its decision. (5) For the purposes of clause (2)(a), a conviction for an offence includes the payment of a sum specified by these By-laws in pursuance of a notice of infringement issued under these By-laws. 11 Identification device Where the Council registers or renews the registration of a dog under by-law 10, the Council shall, unless the dog is fitted with a permanent electronic subcutaneous implant, issue a dog-tag to the person who made the application.

Part 3 Registration and licences Division 2 Licences Mataranka Community Government Council (Control of Dogs) By-laws 1992 7 12 Period of registration Subject to these By-laws, the registration or renewal of the registration of a dog remains in force until and including 30 June next after the registration or renewal of the registration. Division 2 Licences 13 Application for licence (1) The occupier of premises may apply to the Council: (a) for a licence; or (b) where the premises are licensed, before the expiration of the licence, for a renewal of the licence, in respect of the premises. (2) An application under clause (1) shall be in the approved form accompanied by: (a) the application fee determined by the Council; and (b) such other information, relevant to the determination of the application, that the Council requires the applicant to provide. (3) A person who fails to renew a licence in respect of premises before the licence expires may apply under clause (1)(a) for a licence in respect of the premises. 14 Determination of application (1) The Council shall, not later than 21 days after receiving an application under by-law 13: (a) grant a licence or renew the licence in respect of the premises, either conditionally or unconditionally; or (b) refuse to grant a licence or renew the licence in respect of the premises, in which case the Council shall refund to the applicant the application fee accompanying the application. (2) The Council may take into account, in considering an application under by-law 13, any matter that is, in its opinion, relevant and in particular may take into account: (a) the facilities for controlling dogs at the premises specified in the application;

Part 3 Registration and licences Division 3 Cancellation, variation, &c., of registration and licences Mataranka Community Government Council (Control of Dogs) By-laws 1992 8 (b) the number of dogs kept or to be kept at the premises; and (c) the likely impact, if the licence is granted or renewed, on the residents in the locality where the premises are situated. (3) The Council shall not grant or renew a licence in respect of premises, where the Council has made a determination in respect of the manner in which premises are to be fenced, if the premises are not fenced in accordance with that determination. (4) Where an application is for the renewal of a licence and, to the Council's knowledge: (a) 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; or (b) the Council has not, since the grant of the licence, made a resolution under by-law 10(4) that affects the premises, the Council may renew the licence without considering the application in the manner specified in clauses (2) and (3). (5) If the Council refuses to grant or renew a licence or grants a licence subject to conditions or renews a licence subject to conditions not imposed on the original licence, the Council shall serve on the applicant a statement in writing of the reasons for its decision. 15 Period of licence Subject to these By-laws, a licence remains in force for the period, not exceeding 12 months, as specified in the licence. Division 3 Cancellation, variation, &c., of registration and licences 16 Cancellation, variation, &c., of registration or licence by request The Council may, on the written application of the registered owner of a dog or the holder of a licence, by notice in writing served on the registered owner or holder: (a) cancel the registration of the dog or the licence; (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,

Part 3 Registration and licences Division 4 Dog exercise areas and dog restriction areas Mataranka Community Government Council (Control of Dogs) By-laws 1992 9 as requested in the application. 17 Cancellation, variation, &c., of registration or licence otherwise than by request (1) The Council may, by notice served on the registered owner of a dog or the holder of a licence, require the registered owner or holder to show cause why the Council should not: (a) cancel the registration of the dog or the licence; (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. (2) The Council may, not less than 7 days after the date of service of the notice under clause (1), by notice in writing served on the registered owner or the holder of the licence on whom the first-mentioned notice was served: (a) cancel the registration of the dog or the licence; (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) suspend the licence for the period specified in the notice, being a period not longer than the period specified in the first-mentioned notice. 18 Operation of notice of cancellation, &c. A notice served by the Council under by-law 16 or 17(2) takes effect at the expiration of 7 days after the service of the notice. Division 4 Dog exercise areas and dog restriction areas 19 Dog exercise areas and dog restriction areas (1) Subject to these By-laws, the Council may, by resolution, declare an area within Mataranka to be a dog exercise area and may specify the times when a dog may be exercised in the area and the conditions, if any, to apply to the exercising of a dog in the area. (2) Subject to these By-laws, the Council may, by resolution, declare an area within Mataranka to be a dog restriction area and may prohibit the keeping of: (a) all dogs;

Part 4 Control of dogs Division 1 Offences Mataranka Community Government Council (Control of Dogs) By-laws 1992 10 (b) more than a specified number of dogs; or (c) all, or more than a specified number of, dogs of a specified breed, in the area. (3) The Council shall, not less that 21 days before declaring an area to be a dog exercise area or dog restriction area: (a) publish a notice of the proposed dog exercise area or dog restriction area in a newspaper circulating in Mataranka; and (b) serve a copy of the notice referred to in paragraph (a) on the owners of premises adjacent to the proposed dog exercise area or dog restriction area. Part 4 Control of dogs Division 1 Offences 20 Unregistered dogs (1) Subject to this by-law, a person who keeps a dog within Mataranka that is not registered is guilty of an offence. (2) It is a defence to a prosecution for an offence against clause (1) if the person charged with the offence proves that the dog had not been usually kept within Mataranka for a period of 4 consecutive months before the date of the alleged offence. (3) Clause (1) does not apply to: (a) a pound manager keeping a dog in a pound; (b) the Society for the Prevention of Cruelty to Animals (N.T.) Incorporated keeping a dog in a refuge maintained by it; or (c) a veterinarian keeping a dog for the purposes of treatment. 21 Conditions of registration or licence to be observed A person who contravenes or fails to comply with a condition to which the registration of a dog or a licence is subject is guilty of an offence.

Part 4 Control of dogs Division 1 Offences Mataranka Community Government Council (Control of Dogs) By-laws 1992 11 22 Requirement for licence (1) The occupier of premises where more than the number of dogs or the number of dogs of a class of dog or classes of dogs, as determined by the Council, are usually kept is guilty of an offence unless the premises are licensed. (2) It is a defence to a prosecution for an offence against clause (1) if the occupier of the premises proves that the dogs or the dogs of the class of dog or classes of dogs had not been kept at the premises for a period of 3 consecutive months before the date of the alleged offence. 23 Keeping of dogs in dog restriction area (1) Subject to clause (2), a person who keeps a dog in a dog restriction area where the keeping of the dog is prohibited is guilty of an offence. (2) It is a defence to a prosecution for an offence against clause (1) if the person charged with the offence proves that the dog at the date of the making of the resolution declaring the dog restriction area: (a) was owned by the person; (b) was usually kept at premises in the dog restriction area; and (c) if required by these By-laws to be registered, was registered. 24 Removal of identification device (1) Subject to these By-laws, a person, other than the owner of a dog, who, without reasonable cause, removes an identification device from a registered dog is guilty of an offence. (2) Subject to these By-laws, the owner of a registered dog that is at large without an identification device is guilty of an offence. (3) It is a defence to a prosecution for an offence against clause (2) if the owner of the dog proves that the identification device was removed: (a) without the owner's permission and the owner had not had sufficient opportunity to replace the identification device; or (b) for a reasonable cause and the cause was still existent at the date of the alleged offence.

Part 4 Control of dogs Division 1 Offences Mataranka Community Government Council (Control of Dogs) By-laws 1992 12 25 Dogs at large (1) Subject to these By-laws, the owner of a dog that is at large and not under effective control is guilty of an offence. (2) It is a defence to a prosecution for an offence against clause (1) if the person charged with the offence proves that: (a) the dog, when at large, was in a dog exercise area during a time specified under by-law 19;and (b) the person was not in breach of a condition applying to the exercising of the dog in the dog exercise area. 26 Enticement A person who entices or induces a dog to act in a manner that would render the owner of the dog liable to prosecution for an offence against these By-laws is guilty of an offence. 27 Dogs attacking or menacing persons or animals (1) The owner of a dog that: (a) attacks a person or animal; or (b) menaces a person or animal, is guilty of an offence. (2) It is a defence to a prosecution for an offence against clause (1) if the owner of the dog proves that: (a) a person had, without the owner's permission, enticed the dog to attack or menace the person or animal; (b) the animal attacked or menaced was attacked or menaced on premises owned or occupied by the owner; or (c) the person attacked or menaced was attacked or menaced on premises owned or occupied by the owner and the person: (i) was on the premises for an illegal purpose; or (ii) was attacked or menaced other than when proceeding by the shortest practical route from the boundary of the premises to the door of the premises closest to that boundary or from the door to the boundary of the premises.

Part 4 Control of dogs Division 1 Offences Mataranka Community Government Council (Control of Dogs) By-laws 1992 13 28 Dogs chasing vehicles The owner of a dog that chases a vehicle, including a bicycle, is guilty of an offence. 29 Dogs causing nuisance (1) The owner of a dog that, either by itself or in concert with other dogs, is a nuisance is guilty of an offence. (2) For the purposes of this by-law, a dog is a nuisance if it is injurious or dangerous to the health of the community or of an individual, or behaves repeatedly in a manner contrary to the general interest of the community or an individual. (3) Without limiting the generality of clause (2), a dog is a nuisance if it: (a) creates a noise, by barking or otherwise, which persistently occurs or continues to a degree or extent which has a disturbing effect on the state of reasonable mental, physical or social well-being of a person; (b) repeatedly barks when people or vehicles use a public place in the vicinity of the premises where the dog is kept; or (c) subject to these By-laws, repeatedly defecates in such a place as to cause annoyance to a particular person. (4) The owner of a dog is not guilty of an offence against this by-law, by reason of the actions of the dog referred to in clause (3)(c), if the owner immediately removes the faeces and disposes of it in the gutter of a road with a constructed curb, a public garbage receptacle or on his or her own property. 30 Abandoning dogs A person who abandons a dog in Mataranka is guilty of an offence. 31 Obstruction of officers (1) A person who obstructs or hinders the Registrar or a pound manager in the execution of his or her duties is guilty of an offence. (2) A person who: (a) removes or attempts to remove a dog from the custody of an authorized person; or (b) except in pursuance of these By-laws, removes or attempts to remove a dog from a pound,

Part 4 Control of dogs Division 2 Enforcement Mataranka Community Government Council (Control of Dogs) By-laws 1992 14 is guilty of an offence. 32 Sterilisation marks and certificates (1) The Council may approve a certificate of sterili-sation to be issued to the owner of a sterilised dog. (2) The Council may approve a mark to be used to identify a dog that has been sterilised. (3) Where the Council has approved a mark under clause (2), a person who marks, with the approved mark, a dog that has not been sterilised is guilty of an offence. (4) Where the Council has approved a certificate of sterilisation under clause (1), a veterinarian shall, on sterilising a dog, issue to the owner of the dog such a certificate. (5) A person, on the sale or disposal of a dog to another person, who fails, where the dog has been sterilised, to supply to that other person proof that the dog has been sterilised is guilty of an offence. (6) A person, on the sale or disposal of a dog that is not sterilised to another person, who states or holds out that the dog is sterilised is guilty of an offence. 33 False information A person who knowingly makes a false statement required or permitted to be made in a document under these By-laws is guilty of an offence. Division 2 Enforcement 34 Seizure, &c., of dogs An authorized person may: (a) seize: (i) an apparently diseased, injured, savage, destructive or stray animal; or (ii) an animal that is at large; and (b) where, in the opinion of an authorized person it is necessary to do so, destroy a diseased, injured, savage, destruc-tive, unclaimed or unwanted animal.

Part 4 Control of dogs Division 3 Pounds Mataranka Community Government Council (Control of Dogs) By-laws 1992 15 35 Dogs seized to be impounded (1) A person who seizes a dog in pursuance of these By-laws shall, subject to clause (2), deliver the dog to a pound as soon as practicable after seizing it. (2) Notwithstanding clause (1), an authorized person who seizes a dog under these By-laws may return the dog to its owner: (a) on issuing a notice of infringement to the owner; or (b) in the case of a dog referred to in by-law 26, without issuing a notice of infringement to the owner. Division 3 Pounds 36 Establishment, &c., of pounds (1) The Council may: (a) establish a pound; or (b) make such arrangements as it thinks fit for the use of premises for impounding dogs under these By-laws. (2) The Council may appoint such persons as it thinks fit to be pound managers of a pound. 37 Notice of impounding (1) Where a registered dog with an identification device is delivered to a pound, a pound manager shall notify the Registrar who shall serve on the registered owner a notice, in the approved form, of the impounding of the dog. (2) Where a dog with a collar on which the address of its owner is displayed is delivered to a pound, a pound manager shall notify the Registrar who may serve at that address a notice, in the approved form, of the impounding of the dog. (3) Except in accordance with clause (1) or (2), the Registrar is not obliged to notify the owner of a dog of the impounding of the dog. 38 Release of dogs from pounds (1) A dog in a pound shall not be released from the pound: (a) subject to clause (2), unless it is registered;

Part 4 Control of dogs Division 3 Pounds Mataranka Community Government Council (Control of Dogs) By-laws 1992 16 (b) other than to the owner of the dog or to a person authorised to act as the owner's agent; and (c) unless there is paid to the Council the maintenance and release fees as determined by the Council. (2) Clause (1)(a) does not apply to a dog that has not been usually kept within Mataranka for 3 consecutive months immediately preceding the date of its release from the pound. (3) The burden of proof as to whether a person is the owner of the dog or a person authorised to act as the owner's agent lies on the person. (4) The burden of proof in relation to a matter referred to in clause (2) lies on the owner of the dog or the owner's agent. 39 Destruction of impounded dogs Subject to these By-laws, a pound manager may arrange for the destruction of a dog delivered to a pound at the expiration of the number of days or hours as are determined, from time to time, by the Council. 40 Diseased dogs (1) Where a pound manager who takes custody of a dog that has been seized under these By-laws: (a) receives advice from a veterinarian that the dog is, or is suspected of being, diseased; or (b) notices or suspects that the dog is diseased, the pound manager shall: (c) isolate the dog from other dogs in the pound; and (d) notify the Council of the dog's condition. (2) The Council shall serve on the owner, if known, of a dog isolated under clause (1) written notice that the dog is or is suspected of being diseased and that the Council: (a) requires the dog to be destroyed; or (b) requires the dog to undergo a course of treat-ment specified in the notice.

Part 5 Miscellaneous Mataranka Community Government Council (Control of Dogs) By-laws 1992 17 (3) In addition to clause (2), the Council may, in the notice served under that clause, 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 a person specified in the notice, relating to: (a) the diseased dog, where the dog is not required to be destroyed; or (b) all other dogs usually kept at the premises at which the diseased dog was kept. (4) A dog the subject of a notice under this by-law may be released from the pound in accordance with by–law 38 subject to such conditions as the Council thinks fit. (5) The owner of a dog who contravenes or fails to comply with a requirement of a notice served on him or her under clause (2), or a condition subject to which the dog is released under clause (4), is guilty of an offence. (6) Notwithstanding anything to the contrary in these By-laws, a pound manager may destroy a dog in a pound if the dog is so diseased or injured that it is humane to destroy it. (7) The cost of treatment reasonably provided by a pound manager to a diseased animal, and to any other animal in the pound that was infected or was at risk of being infected by the diseased animal before the manager could reasonably isolate it, is a debt due and payable by the owner of the diseased animal to the Council. 41 Method of destruction of impounded dogs A dog in a pound shall not be destroyed other than: (a) by a veterinarian or a person who is, in the opinion of a pound manager, qualified to destroy the dog; and (b) in a manner that is approved by the Australian Veterinary Association. Part 5 Miscellaneous 42 Change of ownership of dog (1) A person who acquires ownership of a registered dog shall, not later than 14 days after acquiring ownership of the dog, notify the Registrar of: (a) the person's name and address;

Part 5 Miscellaneous Mataranka Community Government Council (Control of Dogs) By-laws 1992 18 (b) the name of the registered owner; and (c) the registration number of the dog. (2) The registered owner of a dog who changes his or her address shall, not later than 14 days after the change, notify the Registrar of his or her new address. (3) The Registrar, on being notified of a change of ownership under clause (1) or of an address under clause (2), shall amend the register accordingly. 43 Dog races, &c. (1) The Council may, by notice in writing, exempt a person or body from by-law 24 or 25, or both, for the purposes of a dog race, dog trial, dog show or while taking part in the activities of a dog obedience club or while using a dog to drive cattle or stock on a road or for such other purpose or event as the Council may, from time to time, determine. (2) An exemption under clause (1) may relate to a particular event or to a class of events and may be subject to such conditions, if any, as the Council thinks fit. 44 Penalties A person who contravenes or fails to comply with these By-laws is guilty of an offence and is liable on conviction to a penalty not exceeding $2,000 and, in addition, to a penalty not exceeding $100 for each day during which the offence continues. 45 Fixed penalties (1) Notwithstanding by-law 44, a person who is alleged to have contravened or failed to comply with these By-laws, and on whom a notice of infringement is served, may pay to the Council, as an alternative to prosecution, the sum specified by this by-law in lieu of the penalty which may otherwise be imposed under by-law 44. (2) For the purposes of this by-law: (a) the sum specified by this by-law is $50 or, in respect of a by-law specified in column 1 of Schedule 1, the sum specified opposite the by-law in column 2 of the Schedule; (b) a notice of infringement shall be in the form specified in Schedule 2;

Part 5 Miscellaneous Mataranka Community Government Council (Control of Dogs) By-laws 1992 19 (c) a notice of infringement may be issued by an authorized person; (d) the sum specified by this by-law may be paid to the clerk of the Council or to the person from time to time performing or carrying out the duties of the cashier of the Council; and (e) in order to avoid prosecution, the sum specified by this by-law shall be paid not later than 14 days after the date of the service of the notice of infringement on the person. 46 Matters of evidence (1) An extract from, or copy of, an entry in the register purported to be signed by the Registrar shall, in all courts and on all occasions, be prima facie evidence of the signature of the Registrar and of the particulars contained in the entry without requiring the production of the register. (2) A statement signed by the Registrar: (a) that a person does not appear in the register as the owner of a dog or that a person appears in the register as the owner of no more than a specified number of dogs; or (b) that no licence has been issued in respect of premises, shall, in all courts and on all occasions, be prima facie evidence of the signature of the Registrar and of those matters without requiring the production of the register. (3) In relation to the making of a resolution by the Council for the purposes of these By-laws, an extract from, or copy of, the minutes of a meeting of the Council purported to be signed by the clerk shall, in all courts and upon all occasions, be prima facie evidence of all particulars contained in the minutes without requiring the production of the minutes from which the copy or extract was made and of the signature of the clerk. 47 Appeals A person aggrieved by a decision of the Council made or taken under these By-laws (not being a decision made or taken to commence proceedings for an offence against, under or in relation to these By-laws) may make an application of appeal, in a form approved by the President of the Tribunal, to the Tribunal against the decision.

Part 5 Miscellaneous Mataranka Community Government Council (Control of Dogs) By-laws 1992 20 48 Publication of By-laws (1) Section 57 of the Interpretation Act 1978 does not apply to these By-laws. (2) Copies of these By-laws shall be available for inspection by members of the public during office hours at the office of the Council.

Schedule 1 Mataranka Community Government Council (Control of Dogs) By-laws 1992 21 Schedule 1 by-law 45 Column 1 By-law Column 2 Amount $ 24(2) 25 26 100 27(1)(a) 100 27(1)(b) 75 28 75

Schedule 2 Mataranka Community Government Council (Control of Dogs) By-laws 1992 22 Schedule 2 by-law 45 Local Government Act 2019 Mataranka (Control of Dogs) By-laws 1992 NOTICE OF INFRINGEMENT MATARANKA COMMUNITY GOVERNMENT COUNCIL To: (name of alleged offender) of: (address of alleged offender) It is alleged that at at am/pm on 19 , (place) (time) (date) you committed an offence as indicated hereunder against the Mataranka (Control of Dogs) By-laws 1992: By-law: Offence: (nature of offence) Description of dog: Identification device number: Amount of penalty: $ In pursuance of by-law 45 of the Mataranka (Control of Dogs) By-Laws 1992 you may pay to the Council, instead of the penalty by which the offence is otherwise punishable, the amount shown above to the person at the address shown on the reverse of this notice, not later than 14 days after the date of service of this notice of infringement, in order to avoid prosecution. Dated 19 . Authorized person THIS NOTICE MUST ACCOMPANY PAYMENT

Schedule 2 Mataranka Community Government Council (Control of Dogs) By-laws 1992 23 (Back of form) If you do not wish the offence alleged on the front of this notice of infringement to be dealt with by the Local Court you should read and complete the following: I, of , tender the amount shown on the front of this notice, being assured that on payment of that amount no further action will be taken by the Council for this offence. Signed: Date: 19 . Payment of the amount in full must be made not later than 14 days after the date of service of this notice of infringement and must be accompanied by this notice. Payment may be made between 8.00 am and 4.15 pm Monday to Friday (except public holidays): in person – To the Cashier, Mataranka Community Government Council by post – To the Clerk, Mataranka Community Government Council Mataranka NT 0852 On payment of the penalty you will not be liable for any further penalty or costs in this matter. If you do wish the offence alleged on the front of this notice of infringement to be dealt with by the Local Court you need not take any further action in respect of this notice and proceedings will issue against you in due course.

ENDNOTES Mataranka Community Government Council (Control of Dogs) By-laws 1992 24 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 Mataranka Community Government Council (Control of Dogs) By-laws Notified 4 November 1992 Commenced 4 November 1992 Statute Law Revision Act 2005 (Act No. 44, 2005) Notified 14 December 2005 Commenced 14 December 2005 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Local Government Act 2019 (Act No. 39, 2019) Assent date 13 December 2019 Commenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27, 30 June 2021) Amending Legislation Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) Local Government Amendment Act 2021 (Act No. 15, 2021) Assent date 25 May 2021 Commenced 26 May 2021 (s 2)

ENDNOTES Mataranka Community Government Council (Control of Dogs) By-laws 1992 25 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, 3, 7 and 48 and sch 2. 4 LIST OF AMENDMENTS bl 3 amd Act No. 44, 2005, s 35 bl 20 amd Act No. 44, 2005, s 35 bl 32 amd Act No. 44, 2005, s 35 bl 40 – 41 amd Act No. 44, 2005, s 35 sch 2 amd Act No. 8, 2016, s 45; Act No. 39, 2019, s 370

1 MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS 1992

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 July 2021

MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS 1992

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MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS 1992

Source text: opening excerpt

1 MATARANKA COMMUNITY GOVERNMENT COUNCIL (CONTROL OF DOGS) BY-LAWS 1992