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