NORTHERN TERRITORY OF AUSTRALIA
TENNANT CREEK (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 .......................................................................................... 3
7 Register ........................................................................................... 3
8 Delegation ....................................................................................... 4
9 Resolutions ...................................................................................... 4
Part 3 Registration and licences
Division 1 Registration of dogs
10 Application for registration ............................................................... 5
11 Determination of application ............................................................ 5
12 Dog-tags .......................................................................................... 7
13 Period of registration ....................................................................... 7
Division 2 Licences
14 Application for licence ...................................................................... 7
15 Determination of application ............................................................ 8
Division 3 Renewal, cancellation, &c. of registration and
licences
16 Application for and determination of renewal of registration or
licence ............................................................................................. 9
17 Cancellation of registration or licence by request ............................ 9
18 Cancellation of registration or licence otherwise than by
request ............................................................................................ 9
19 Operation of notice of cancellation ................................................ 10
Tennant Creek (Control of Dogs) By-laws 1992 ii
Division 4 Dog exercise areas and dog restriction areas
20 Dog exercise areas and dog restriction areas ............................... 10
Part 4 Control of dogs
Division 1 Offences
21 Unregistered dogs ......................................................................... 11
22 Conditions of registration or licence to be observed ...................... 11
23 Requirement for licence ................................................................. 12
24 Keeping dogs in dog restriction area ............................................. 12
25 Removal of identification device .................................................... 12
26 Dogs at large ................................................................................. 13
27 Enticement..................................................................................... 13
28 Dogs in enclosed place with other animals .................................... 13
29 Dogs attacking or menacing persons or animals ........................... 13
30 Dogs chasing vehicles ................................................................... 14
31 Dogs causing nuisance ................................................................. 14
32 Abandoning dogs........................................................................... 15
33 Obstruction of manager of pound, &c. ........................................... 15
34 Sterilization marks and certificates ................................................ 15
35 False information ........................................................................... 16
Division 2 Enforcement
36 Seizure, &c., of dogs ..................................................................... 16
37 Dogs seized to be impounded ....................................................... 16
Division 3 Pound
38 Establishment, &c. of pound .......................................................... 16
39 Notice of impounding ..................................................................... 17
40 Release of dogs from pound.......................................................... 17
41 Destruction of impounded dogs ..................................................... 17
42 Diseased dogs ............................................................................... 18
43 Method of destruction of impounded dogs ..................................... 19
Part 5 Miscellaneous
44 Change of ownership of dogs ........................................................ 19
45 Dog races, &c. ............................................................................... 20
46 Fixed penalties .............................................................................. 20
Schedule
ENDNOTES
Section 1 - TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992 - TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992 | Zoe
NORTHERN TERRITORY OF AUSTRALIA
As in force at 1 July 2021
TENNANT CREEK (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 Tennant Creek (Control of
Dogs) By-laws 1992.
2 Purpose
The purpose of these By-laws is to provide for the keeping of dogs
as companion animals within the Municipality in a manner which is
compatible with the enjoyment by residents of a congenial
residential environment.
3 Interpretation
(1) In these By-laws, unless the contrary intention appears:
attack, in relation to the actions of a dog, means any action which
causes injury or damage to any other animal or to any person or
property, and includes any physical contact between the dog and
another animal or a person or property whether or not any injury or
damage results from the physical contact.
Council means the Tennant Creek Town Council.
dog means an animal which is of the genus Canis.
dog exercise area means an area set aside under by-law 20 as a
dog exercise area.
dog restriction area means an area set aside under by-law 20 as
a dog restriction area.
dog-tag means a dog-tag issued under by-law 12.
dog-trader means a person who buys or sells dogs in the course of
his or her business.
Part 1 Preliminary
Tennant Creek (Control of Dogs) By-laws 1992 2
guide-dog means a dog trained by a training institution approved
by the Council by resolution and used by a person who is wholly or
partially blind or deaf.
identification device means a dog-tag or a permanent electronic
subcutaneous implant.
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 another person or an animal owned or in the
control of the person or other person, and includes a reasonable
apprehension that the dog may escape, or be released from
restraint, to attack a person or animal.
Municipality means the municipality of Tennant Creek.
pound means the pound established under these By-laws.
premises includes land and buildings.
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.
veterinarian means a registered veterinarian within the meaning of
the Veterinarians Act 1994.
(2) A reference in these By-laws to the owner (other than a reference
to the registered owner) of a dog, unless the contrary intention
appears, includes a reference to:
(a) the person for the time being under whose control the dog is;
and
(b) the occupier of premises or a part of premises where the dog
is ordinarily kept,
but does not include a person controlling or keeping a dog under
Part 4 Division 2 or 3.
Part 2 Administration
Tennant Creek (Control of Dogs) By-laws 1992 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
the pound, which is in a place other than a place owned or
occupied by the owner of the dog.
(4) For the purposes of these By-laws, a dog is under effective control
where the dog is:
(a) restrained by a leash, cord, chain or similar device, not longer
than 2.5m in length, held by a person who has attained the
age of 10 years and who is competent to restrain the dog;
(b) enclosed in a vehicle; or
(c) in a dog exercise area in accordance with the conditions, if
any, to which use of that area is subject.
4 Application
Unless the contrary intention appears, these By-laws apply to all
areas within the Municipality.
5 Exemptions
By-laws 22, 23, 24, 25 and 26 do not apply to or in relation to guide
dogs.
Part 2 Administration
6 Registrar
The Council may appoint an authorized person to be the Registrar
for the purposes of these By-laws.
7 Register
(1) The Registrar shall keep a register showing the following details:
(a) all dogs registered under these By-laws;
(b) all licences granted under these By-laws; and
(c) all offences, known to the Registrar, against these By-laws or
against 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.
Part 2 Administration
Tennant Creek (Control of Dogs) By-laws 1992 4
(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;
(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.
9 Resolutions
Notice of a resolution made by the Council under these By-laws
(other than by-law 8) shall be published in a newspaper circulating
in the Municipality not later than 21 days after the making of the
resolution.
Part 3 Registration and licences
Division 1 Registration of dogs
Tennant Creek (Control of Dogs) By-laws 1992 5
Part 3 Registration and licences
Division 1 Registration of dogs
10 Application for registration
(1) The owner of a dog may apply to the Registrar to register the dog.
(2) An application under clause (1) shall be in accordance with Form 1
accompanied by:
(a) the application fee determined under clause (3);
(b) written evidence that the owner of the dog is the owner of the
premises on which the dog is or is to be ordinarily kept or, if
not the owner of the premises, that the owner of the premises,
or that owner's agent, permits the owner of the dog to keep
the dog on the premises; and
(c) such further information, relevant to the determination of the
application, that the Registrar requires the owner of the dog to
provide.
(3) The Council may, by resolution, determine the fee to be paid to
register a dog and the fee may vary in respect of matters including
but not limited to:
(a) whether or not the dog is sterilised;
(b) the area in which the premises on which the dog is normally
kept are located;
(c) the manner in which the premises on which the dog is
ordinarily kept are fenced;
(d) the breed of the dog; and
(e) whether or not the owner of the dog is a pensioner.
(4) The Council may, by resolution, require an application under this
by-law to register a dog to be accompanied by a photograph of the
dog.
11 Determination of application
(1) Subject to these By-laws, the Registrar shall, not later than 14 days
after receiving an application under by-law 10:
(a) register the dog, either conditionally or unconditionally; or
Part 3 Registration and licences
Division 1 Registration of dogs
Tennant Creek (Control of Dogs) By-laws 1992 6
(b) refuse to register the dog.
(2) The Registrar may refuse to register a dog if, within the period of
3 years before the date of the application:
(a) the owner of the dog has been convicted of more than
2 offences against these By-laws or the Repealed Act; or
(b) the dog has been impounded under these By-laws or the
Repealed Act on more than 2 occasions.
(3) The Registrar shall refuse to register a dog:
(a) if the dog, other than a dog referred to in by-law 24(2), is
ordinarily kept on premises within a dog restriction area;
(b) if the owner of the dog fails to provide to the Registrar the
written evidence referred to in by-law 10(2)(b);
(c) if the Registrar is satisfied that the dog is destructive,
dangerous, vicious or consistently the cause of nuisance to
members of the public;
(d) if the person applying for the registration has not, if so
required by the Council by resolution, completed a dog
obedience course or dog training course referred to in
clause (4); or
(e) if the premises on which the dog is ordinarily to be kept are
not fenced in accordance with the manner, if any, determined
by the Council under clause (5).
(4) The Council may, by resolution, approve a dog obedience course or
dog training course for the purpose of clause (3)(d) and
by-law 15(3).
(5) The Council may, for the purposes of clause (3) (e) and
by-law 15(3) determine, by resolution, the manner of fencing
premises and may make a determination by reference to the size or
breed or both the size and breed of a dog which is ordinarily to be
kept on the premises.
(6) If the Registrar refuses to register a dog or imposes conditions on
the registration of a dog under clause (1), the Registrar shall serve
on to the applicant a statement in writing of the reasons for the
decision.
(7) 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.
Part 3 Registration and licences
Division 2 Licences
Tennant Creek (Control of Dogs) By-laws 1992 7
12 Dog-tags
The Registrar shall, on registering a dog under by-law 11, unless
the dog is fitted with a permanent electronic subcutaneous implant,
issue to the person who made the application a dog-tag in the form
and type approved by the Council.
13 Period of registration
(1) Subject to these By-laws, the registration of a dog remains in force
for the period, not exceeding 12 months, specified:
(a) on the dog-tag issued in respect of the dog when it is
registered; or
(b) where the dog is fitted with a permanent electronic
subcutaneous implant, in the certificate issued in pursuance of
clause (2).
(2) Where a dog is fitted with a permanent electronic subcutaneous
implant, the Registrar shall, on registering the dog, issue to the
person who made the application a certificate in accordance with
Form 2 stating the period for which the dog is registered.
Division 2 Licences
14 Application for licence
(1) The occupier of premises may apply to the Registrar for a licence in
respect of the premises.
(2) An application under clause (1) shall be in accordance with Form 3
accompanied by:
(a) the fee determined by the Council by resolution;
(b) written evidence that the applicant is the owner of the
premises or that the owner of the premises or the owner's
agent permits the applicant to keep the dog or the number of
dogs specified in the application on the premises; and
(c) such further information, relevant to the determination of the
application, that the Registrar requires the applicant to
provide.
Part 3 Registration and licences
Division 2 Licences
Tennant Creek (Control of Dogs) By-laws 1992 8
15 Determination of application
(1) Subject to these By-laws, the Registrar shall, not later than 14 days
after receiving an application under by-law 14:
(a) grant a licence in respect of the premises, either conditionally
or unconditionally; or
(b) refuse to grant a licence in respect of the premises.
(2) The Registrar shall, in considering an application under by-law 14,
take into account any matter which, in the Registrar's opinion, is
relevant and in particular:
(a) the facilities for controlling dogs at the premises specified in
the application;
(b) the number of dogs kept or to be kept on the premises; and
(c) the likely impact, if the licence is granted, on residents in the
locality where the premises are situated.
(3) The Registrar shall not grant a licence if:
(a) the applicant has not, if so required by the Council by
resolution, completed a dog obedience course or dog training
course referred to in by-law 11(4);
(b) the premises in respect of which the application relates are not
fenced in accordance with a determination of the Council
under by-law 11(5); or
(c) the applicant fails to provide the written evidence referred to in
by-law 14(2)(b).
(4) If the Registrar under clause (1) refuses to grant a licence or grants
a licence subject to conditions, the Registrar shall serve on the
applicant a statement in writing of the reasons for the decision.
(5) Subject to these By-laws, a licence remains in force for the period,
not exceeding 12 months, specified in the licence.
Part 3 Registration and licences
Division 3 Renewal, cancellation, &c. of registration and licences
Tennant Creek (Control of Dogs) By-laws 1992 9
Division 3 Renewal, cancellation, &c. of registration and
licences
16 Application for and determination of renewal of registration or
licence
(1) A person may, before the expiration of the registration of a dog or a
licence, apply to the Registrar for the renewal of the registration of
the dog or the renewal of the licence in the same manner as an
application is made for the registration of a dog or for the grant of a
licence.
(2) An application under clause (1) shall be determined by the
Registrar in the same manner as an application for the registration
of a dog or the grant of a licence is determined.
17 Cancellation of registration or licence by request
The Registrar may, on application made in writing by the registered
owner of a dog or the holder of a licence, by notice in writing served
on the owner or holder:
(a) cancel the registration or 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 a period,
as specified in the application.
18 Cancellation of registration or licence otherwise than by
request
(1) The Registrar may, by notice in writing served on the registered
owner of a dog or the holder of a licence, require the owner or
holder to show cause why:
(a) the registration of the dog or the licence should not be
cancelled;
(b) the registration of the dog or the licence should not be subject
to the conditions specified in the notice; or
(c) in the case of a licence, the licence should not be suspended
for the period specified in the notice.
(2) The Registrar may, not less than 14 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-
Part 3 Registration and licences
Division 4 Dog exercise areas and dog restriction areas
Tennant Creek (Control of Dogs) By-laws 1992 10
mentioned notice was served, if the first-mentioned notice was a
notice referred to in:
(a) clause (1)(a), cancel the registration of the dog or the licence;
(b) clause (1)(b), subject the registration of the dog or the licence
to the conditions specified in the notice; or
(c) clause (1)(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.
19 Operation of notice of cancellation
A notice served by the Registrar under by-law 17 or 18(2) takes
effect at the expiration of 21 days after the service of the notice.
Division 4 Dog exercise areas and dog restriction areas
20 Dog exercise areas and dog restriction areas
(1) Subject to these By-laws, the Council may, by resolution, declare
an area within the Municipality 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 the Municipality to be a dog restriction area and may
prohibit the keeping of:
(a) all dogs;
(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, publish a notice of
the proposed dog exercise area or dog restriction area in a
newspaper circulating in the Municipality.
Part 4 Control of dogs
Division 1 Offences
Tennant Creek (Control of Dogs) By-laws 1992 11
Part 4 Control of dogs
Division 1 Offences
21 Unregistered dogs
(1) Subject to this by-law, a person who keeps an unregistered dog in
the Municipality is guilty of an offence.
Penalty: $200.
(1A) An offence under clause (1) is a regulatory 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 the Municipality for a period of
3 consecutive months before the date of the alleged offence.
(3) Clause (1) and by-law 22 do not apply to:
(a) the manager of the pound keeping a dog in the pound;
(b) the Registrar, in the course of the exercise or performance of
the Registrar's powers or functions under these By-laws;
(c) a person boarding a dog for the owner of the dog for less than
3 months;
(ca) a dog under the age of 3 months;
(d) the Society for the Prevention of Cruelty to Animals (N.T.)
Incorporated keeping a dog in a refuge maintained by it; or
(e) a veterinarian keeping a dog for the purposes of treatment.
22 Conditions of registration or licence to be observed
Subject to these By-laws, 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.
Penalty: $200.
Part 4 Control of dogs
Division 1 Offences
Tennant Creek (Control of Dogs) By-laws 1992 12
23 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 under clause (2), are kept is guilty of an offence unless
the premises are licensed.
Penalty: $200.
(2) The Council may, by resolution, determine the number of dogs, or
the number of dogs of a class of dog or classes of dogs, which may
be kept on premises without the premises being licensed, and the
Council may make different determinations in respect of different
areas within the Municipality.
(3) It is a defence to a prosecution for an offence against clause (1) if
the occupier of the premises proves that the dog in respect of which
the alleged offence occurred had, at the time of the alleged offence,
not attained the age of 3 months.
24 Keeping dogs in dog restriction area
(1) Subject to these By-laws, a person who keeps a dog in a dog
restriction area where the keeping of the dog is prohibited is guilty
of an offence.
Penalty: $200.
(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.
25 Removal of identification device
(1) A person, other than the owner of the dog, who removes an
identification device from a registered dog without reasonable
cause is guilty of an offence.
Penalty: $200.
(2) Subject to clause (3), the registered owner of a dog which is at
large without an identification device is guilty of an offence.
Penalty: $200.
Part 4 Control of dogs
Division 1 Offences
Tennant Creek (Control of Dogs) By-laws 1992 13
(3) It is a defence to a prosecution for an offence against clause (2) if
the registered owner proves that the identification device had been
removed:
(a) by a person without the owner's permission and the owner
had not had a sufficient opportunity to replace the
identification device; or
(b) for a reasonable cause and the cause was still existent.
26 Dogs at large
Subject to these By-laws, the owner of a dog which is at large and
not under effective control is guilty of an offence.
Penalty: $200.
27 Enticement
A person who, with intent to commit an offence against these
By-laws or to cause such an offence to be committed, entices or
induces a dog to enter a place in which it is at large is guilty of an
offence.
Penalty: $200.
28 Dogs in enclosed place with other animals
Subject to these By-laws, a person who, without the consent of the
owner of the animal or bird, permits a dog to be in an enclosed
field, paddock, yard or other place (other than a place owned or
occupied by the person or the pound) in which an animal or bird
owned by another person is confined is guilty of an offence.
Penalty: $200.
29 Dogs attacking or menacing persons or animals
(1) Subject to these By-laws, the owner of a dog which:
(a) attacks a person or animal; or
(b) menaces a person or animal,
is guilty of an offence.
Penalty: $500.
(1A) An offence under clause (1) is a regulatory offence.
Part 4 Control of dogs
Division 1 Offences
Tennant Creek (Control of Dogs) By-laws 1992 14
(2) A person who invites, encourages or provokes a dog to do an act
referred to in clause (1) is guilty of an offence.
(3) 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, invited,
encouraged or provoked the dog to attack or menace the
person or animal; or
(b) the person or animal attached or menaced was attacked or
menaced when on premises owned or occupied by the owner
of the dog.
30 Dogs chasing vehicles
The owner of a dog which chases a vehicle (including a bicycle) is
guilty of an offence.
Penalty: $200.
31 Dogs causing nuisance
(1) The owner of a dog who permits that dog, either by itself or in
concert with other dogs, to become a nuisance is guilty of an
offence.
Penalty: $200.
(2) For the purpose of this by-law, a dog is a nuisance if it:
(a) is injurious or dangerous to the health of the community;
(b) creates a noise, by barking or otherwise, which is frequent and
produces a noise level greater than 5 dBA above ambient on
that part of another property ordinarily used for domestic
activities;
(c) consistently barks when people or vehicles use a road in the
vicinity of the premises where the dog is kept;
(d) behaves consistently in a manner contrary to the general
interest of the community; or
(e) subject to this by-law, when on a road where there is a
constructed curb and gutter, urinates or defecates other than
in that gutter.
(3) The owner of a dog is not guilty of an offence against this by-law,
by reason of the dog being a nuisance by defecating in
Part 4 Control of dogs
Division 1 Offences
Tennant Creek (Control of Dogs) By-laws 1992 15
circumstances referred to in clause (2)(e), if the owner immediately
removes the faeces and disposes of it in the gutter of the road, a
public garbage receptacle or on his or her own property.
32 Abandoning dogs
A person who abandons a dog in the Municipality is guilty of an
offence.
Penalty: $500.
33 Obstruction of manager of pound, &c.
(1) A person who obstructs or hinders the manager of the pound in the
execution of his or her duties under these By-laws is guilty of an
offence.
Penalty: $200.
(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 the pound,
is guilty of an offence.
Penalty: $200.
34 Sterilization marks and certificates
(1) A person who sterilizes a dog and who fails to:
(a) tattoo the left ear of the dog in the manner determined by the
Council; or
(b) provide the owner of the dog with a certificate in accordance
with Form 4,
is guilty of an offence.
Penalty: $200.
(2) A person who tattoos a dog which has not been sterilised with a
tattoo referred to in clause (1) is guilty of an offence.
Penalty: $200.
Part 4 Control of dogs
Division 3 Pound
Tennant Creek (Control of Dogs) By-laws 1992 16
(3) A dog trader who, on the sale of a dog:
(a) fails, where the dog has been sterilized, to supply; or
(b) supplies, where the dog has not been sterilized,
a certificate in accordance with Form 4 is guilty of an offence.
Penalty: $200.
35 False information
A person who knowingly makes a false statement in a document
required or permitted to be made under these By-laws is guilty of an
offence.
Penalty: $200.
Division 2 Enforcement
36 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, destructive,
unclaimed or unwanted animal.
37 Dogs seized to be impounded
A person who seizes a dog in pursuance of these By-laws shall, as
soon as practicable after seizing the dog, deliver the dog to the
pound.
Division 3 Pound
38 Establishment, &c. of pound
(1) The Council shall establish a pound.
(2) The Council shall appoint a person to be the manager of the pound.
Part 4 Control of dogs
Division 3 Pound
Tennant Creek (Control of Dogs) By-laws 1992 17
(3) The pound shall remain open on such days and between such
hours as the Council, by resolution, determines.
39 Notice of impounding
(1) Where a registered dog with an identification device is delivered to
the pound, the manager of the pound shall, as soon as possible,
serve on the registered owner a notice in accordance with Form 5
of the impounding of the dog.
(2) Where a dog that is registered outside the Municipality is delivered
to the pound, and the address of the owner of the dog is apparent
to the manager of the pound, the manager shall serve at that
address notice in accordance with Form 6 of the impounding of the
dog.
(3) Except in accordance with clause (1) or (2), the manager of the
pound is not required to give notice of the impounding of a dog to
its owner.
40 Release of dogs from pound
(1) A dog in the pound shall not be released from the pound:
(a) subject to clause (3), unless it is registered;
(b) other than to the owner of the dog or to a person authorised in
writing by the owner to act as the owner's agent; and
(c) unless there is paid to the manager of the pound the
maintenance and release fees fixed under clause (2).
(2) The Council may, by resolution, determine the amount of a daily fee
to be paid in relation to the maintenance of a dog in the pound and
a fee to be paid on the release of a dog from the pound.
(3) Clause (1) does not apply to a dog which has not been usually kept
within the Municipality for 3 consecutive months immediately
preceding the date of its release from the pound.
41 Destruction of impounded dogs
(1) Subject to these By-laws, the manager of a pound may destroy a
dog impounded in the pound.
Part 4 Control of dogs
Division 3 Pound
Tennant Creek (Control of Dogs) By-laws 1992 18
(2) The manager of the pound shall not destroy a dog impounded in
the pound before the expiration of the number of days or hours
determined by the Council by resolution:
(a) in the case of a dog referred to in by-law 44(1) and (2), after
the time when the notice sent under that by-law would have
been delivered in the ordinary course of post; or
(b) in the case of any other dog, after the impounding of the dog.
42 Diseased dogs
(1) A person who seizes a dog under these By-laws that is diseased, or
a veterinarian or the Registrar (with the advice of a veterinarian if
available) who examines an impounded dog and finds the dog to be
diseased, shall notify the manager of the pound that the dog is
diseased.
(2) The manager of the pound, on being notified under clause (1) or on
noticing that a dog is diseased shall immediately:
(a) isolate the dog from the other dogs in the pound; and
(b) by notice in writing served on the owner, if known, of the
diseased dog advise the owner that the dog is or is suspected
of being diseased and require the dog:
(i) to be destroyed; or
(ii) to undergo a course of treatment specified in the notice.
(3) In addition to clause (2)(b), the manager of the pound may, in the
notice served under that clause, require the owner to produce to the
manager of the pound, within the time specified in the notice, a
report prepared by a veterinarian or 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 ordinarily kept at the premises at which the
diseased dog was kept.
(3) A dog the subject of a notice under this by-law may be released
from the pound in accordance with by-law 40 subject to such
conditions, if any, as the Registrar thinks fit.
Part 5 Miscellaneous
Tennant Creek (Control of Dogs) By-laws 1992 19
(4) The owner of a dog who contravenes or fails to comply with a
requirement contained in a notice served on the owner under
clause (2) or a condition subject to which the dog is released under
clause (3) is guilty of an offence.
Penalty: $200.
(5) Notwithstanding anything to the contrary in these By-laws, the
manager of the pound may destroy a dog in the pound:
(a) if the dog is so diseased or injured that it is humane to destroy
it; or
(b) with the approval of a veterinarian.
(6) The cost of treatment reasonably provided by the manager of the
pound to a diseased and to any other dog in the pound that was
infected or was at risk of being infected by the diseased dog before
the manager could reasonably isolate it, is a debt due and payable
by the owner of the diseased dog to the Council.
43 Method of destruction of impounded dogs
Subject to these By-laws, a dog in the pound shall not be destroyed
other than:
(a) by a veterinarian or a person who, in the opinion of the
manager of the pound, is qualified to destroy the dog; and
(b) in a manner approved by the Australian Veterinary
Association.
Part 5 Miscellaneous
44 Change of ownership of dogs
(1) A person who acquires ownership of a registered dog and does not,
within 14 days of acquiring ownership of the dog, notify the
Registrar of:
(a) the person's name and address;
(b) the name of the registered owner; and
(c) the registration number of the dog,
is guilty of an offence.
Penalty: $50.
Part 5 Miscellaneous
Tennant Creek (Control of Dogs) By-laws 1992 20
(2) The registered owner of a dog who changes his or her address and
does not, within 14 days of the change, notify the Registrar of his or
her new address is guilty of an offence.
Penalty: $50.
(3) The Registrar, on being notified of a change of ownership under
clause (1) or address under clause (2) shall amend the register
accordingly.
45 Dog races, &c.
(1) The Council may, by notice in writing, exempt a person or body of
persons from by-law 25 or 26, or both, for the purposes of a dog
race, dog trial, dog show or dog obedience training or while using
the dog to drive cattle or stock on a road or for such other event or
purpose as the Council may, from time to time, determine.
(2) An exemption under clause (1) may relate to a particular event or
purpose or to a class of events or purposes and may be subject to
such conditions, if any, as the Council thinks fit.
46 Fixed penalties
(1) 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 these By-laws.
(2) For the purposes of this by-law:
(a) the sum specified by this by-law is $50;
(b) a notice of infringement shall be in accordance with Form 7;
(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 Registrar
or to the Town Manager; 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.
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 21
Schedule
FORM 1
by-law 10(2)
Local Government Act 2019
TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992
APPLICATION FOR REGISTRATION/RENEWAL OF REGISTRATION
To the Registrar at Tennant Creek
PARTICULARS OF OWNER
I, (Surname) (Given names)
of (Street Address)
(Postal Address) (phone No.)
hereby apply for registration/renewal of registration(1) of my dog to
30 June 199...
PARTICULARS OF DOG
Breed(2): Colour:
Markings: Sex: Male/Female(2)
Whole/Sterilised(2)
Age: Name:
Address where dog normally kept:
DECLARATION
I declare the particulars set out to be true and apply for registration/renewal of
registration(1) of my dog in accordance with the Tennant Creek (Control of
Dogs) By-laws 1992.
...............................……………….. …………...............
Signature of applicant Date
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 22
NOTES: If the owner is under 18 years of age, the applicant for registration
must be the occupier of the premises or the part of the premises where the
dog is ordinarily kept.
(1) Delete if inapplicable
(2) If cross-breed, give details (eg Mastiff X Great Dane, German
Shepherd X, etc.)
OFFICE USE ONLY
Disc No. Ref. No. Amount Paid Entered Computer
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 23
FORM 2
by-law 13
Local Government Act 2019
TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992
CERTIFICATE OF REGISTRATION
Particulars of dog:
Breed(1) Colour:
Markings: Sex: Male/Female(2)
Whole/Sterilised(2)
Age Name
Address where dog is normally kept
Particulars of owner:
Surname Given Names
Street Address
Postal Address Phone
The dog referred to in this certificate is fitted with a permanent
electronic subcutaneous implant and is registered under the Tennant Creek
(Control of Dogs) By-laws 1992 until .
The registration number of the dog is:
…................................. ……................
Registrar Date
(1) If cross breed, give details (eg Mastiff X Great Dane, German
Shepherd X, etc)
(2) Delete if inapplicable.
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 24
FORM 3
by-law 14(2)
Local Government Act 2019
TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992
APPLICATION FOR LICENCE/RENEWAL OF LICENCE
To the Registrar at Tennant Creek
Particulars of applicant:
Name (Surname) (Given Names)
Address (Residential address)
(Postal address)
Particulars of premises#:
Location of premises
Description of facilities at premises
Particulars of number and breed of dogs#
Number Breed/s
Declaration
I declare the particulars set out to be true and apply for a licence/renewal of
licence* for the period from .../..../...
...............................……………….. ............…………….
Signature of applicant Date
Delete if inapplicable
If insufficient space, attach extra sheet
OFFICE USE ONLY
Disc No. Ref. No. Amount Paid Entered Computer
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 25
FORM 4
by-law 34(2)
Local Government Act 2019
TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992
CERTIFICATE OF STERILIZATION
I certify that I have carried out a sterilization procedure on a dog of the
following description.
Breed(1): Colour:
Markings: Sex:
Age: Name:
.............................…………………….. ............…………
Veterinarian Date
Certificate delivered to the purchaser:
.............................……… …………..............
Dog trader Date
(1) If cross breed, give details (eg. Mastiff X Great Dane, German
Shepherd X, etc)
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 26
FORM 5
by-law 39(1)
Local Government Act 2019
TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992
NOTICE OF IMPOUNDING OF REGISTERED DOG
TO WHOM IT MAY CONCERN
TAKE NOTICE THAT A DOG OF THE FOLLOWING DESCRIPTION HAS
BEEN IMPOUNDED.
DESCRIPTION OF DOG
Breed: Colour:
Markings: Sex:
Location: Time:
Dog-tag No:
AND IS NOW AT THE TENNANT CREEK TOWN COUNCIL POUND IN
MALONEY STREET, TENNANT CREEK.
NOTE: IF NOT CLAIMED BY THE OWNER OF THE DOG, OR THE
OWNER'S AUTHORISED AGENT, BEFORE THE EXPIRATION OF
(EXCLUDING PUBLIC HOLIDAYS, SATURDAY AND SUNDAY) FROM THE
DATE OF THIS NOTICE, THE DOG MAY BE SOLD OR DESTROYED. THE
DOG WILL BE RELEASED TO ITS OWNER OR THE OWNER'S
AUTHORISED AGENT, WITHIN THE TIME PRESCRIBED IN THIS NOTICE,
AFTER PAYMENT OF IMPOUNDING FEES.
...............................…………………… ..……………..........
Manager of the Pound Date
TENNANT CREEK TOWN COUNCIL
PO BOX 821
TENNANT CREEK NT 0861
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 27
FORM 6
by-law 39(2)
Local Government Act 2019
TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992
NOTICE OF IMPOUNDING OF DOG
REGISTERED OUTSIDE MUNICIPALITY
To
of .
DESCRIPTION OF DOG
PLEASE BE ADVISED THAT A DOG OF THE FOLLOWING DESCRIPTION:
Breed: Colour:
Markings: Sex:
Registration Number:
BELIEVED TO BE OWNED BY YOU IS NOW AT THE TENNANT CREEK
TOWN COUNCIL POUND.
PLEASE CONTACT THE TENNANT CREEK TOWN COUNCIL, PHONE
(089) 62 2401, BETWEEN THE HOURS OF 8.30 AM TO 4.45 PM, MONDAY
TO FRIDAY (EXCLUDING PUBLIC HOLIDAYS) TO MAKE
ARRANGEMENTS FOR THE RELEASE OF THE ABOVEMENTIONED DOG.
...............................…………………. ………...............
Manager of the Pound Date
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 28
FORM 7
by-law 46
Local Government Act 2019
TENNANT CREEK (CONTROL OF DOGS) BY-LAWS 1992
NOTICE OF INFRINGEMENT
To
of .
It is alleged that at am/pm on
at , Tennant Creek,
you committed the following offence:
.
In pursuance of by-law 46 of the Tennant Creek (Control of Dogs)
By-laws 1992 you may pay to the Council, as an alternative to prosecution,
the sum of $50 (Fifty Dollars) in lieu of the penalty by which the offence
against these By-laws is otherwise punishable 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
(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.
Payment of the amount in full must be made not later that 14 days after the
date of service of this notice of infringement and must be accompanied by this
notice.
Schedule
Tennant Creek (Control of Dogs) By-laws 1992 29
Payment may be made between 8.30 am and 4.45 pm, Monday to Friday
(except Public Holidays):
IN PERSON – To the Registrar, Tennant Creek Town
Council, Peko Road, Tennant Creek.
BY POST – To the Town Manager, Tennant Creek
Town Council, PO Box 821, Tennant Creek, NT, 0861.
Telephone enquiries to the Town Manager, phone 62 2401.
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
Tennant Creek (Control of Dogs) By-laws 1992 30
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
Tennant Creek (Control of Dogs) By-laws (SL No. 34, 1992)
Notified 15 July 1992
Commenced 15 July 1992
Amendments of Tennant Creek (Control of Dogs) By-laws (SL No. 1, 1995)
Notified 31 January 1995
Commenced 31 January 1995
Statute Law Revision Act 2005 (Act No. 44, 2005)
Assent date 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
Tennant Creek (Control of Dogs) By-laws 1992 31
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 and 7 and sch.
4 LIST OF AMENDMENTS
bl 3 amd No. 1, 1995, bl 1; Act No. 44, 2005, s 23
bl 21 amd No. 1, 1995, bl 2; Act No. 44, 2005, s 23
bl 29 amd No. 1, 1995, bl 3
bl 42 – 43 amd Act No. 44, 2005, s 23
sch amd Act No. 44, 2005, s 23; Act No 8, 2016, s 45; Act No. 39, 2019, s 370