WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019 (Northern Territory)

These By-laws set out the Wagait Shire Council's local regulatory regime for the keeping, control and management of dogs in the Council area. They impose mandatory registration and identification requirements, a licensing regime where the Council limits the number or class of dogs per premises, controls for dangerous dogs, powers to seize and impound dogs, and an infringement notice scheme for specified low‑level offences (see Pt 2 and Pt 3). The instrument prescribes operational steps the Council must take, including keeping registers (by‑law 4), publishing resolutions and determinations on the Council website (by‑law 5), and publishing advance notices before declaring dog exercise or restriction areas (by‑laws 25(3) and 26(3)). It also prescribes administrative timeframes for Council decisions: the Council must register a dog or refuse within 14 days of application (by‑law 9(3)), and must grant or refuse licence applications within 14 days (by‑law 16(3)). Registers may be electronic and extracts signed by the CEO are admissible as evidence (by‑laws 4(2), 6(1)-(2)).

Mechanically, the by‑laws require owners to register dogs kept in the Council area (by‑law 9(1)), pay application fees (by‑law 9(2)), display an identification device issued by Council (a dog‑tag) and, where required, have a microchip conforming to specified Australian Standards implanted (by‑law 10). Registration expires after 12 months and can be renewed annually as determined by Council (by‑law 9(8)). The Council may refuse registration on specified grounds including prior convictions, multiple impoundings, or the dog or premises being unsatisfactory (by‑law 9(4)-(5)). Owners and occupiers must notify the CEO within 14 days of change of ownership or change of address (by‑laws 13 and 14). The Council may determine maximum numbers of dogs that may be kept without a licence, and it can grant licences subject to conditions (by‑laws 15-16). Failure to comply with registration or licence conditions attracts penalties (by‑law 12, 17).

NORTHERN TERRITORY OF AUSTRALIA WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019 As in force at 20 November 2019 Table of provisions Part 1 Preliminary matters 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 4 Registers ......................................................................................... 3 5 Publishing determinations and resolutions ...................................... 4 6 Matters of evidence ......................................................................... 4 7 Application of Criminal Code ........................................................... 4 Part 2 Control of dogs Division 1 Preliminary matters 8 General exemption for assistance dog ............................................ 5 Division 2 Registration of dogs 9 Applications for registration ............................................................. 5 10 Identification device ......................................................................... 6 11 Unregistered dog ............................................................................. 7 12 Failure to comply with a condition of registration ............................. 7 13 Change of ownership ....................................................................... 8 14 Change of address .......................................................................... 8 Division 3 Licensing of premises 15 Requirement for licence ................................................................... 8 16 Licensing of premises ...................................................................... 9 17 Failure to comply with a condition of licence.................................. 10 Division 4 Cancellation, variation or suspension of registration or licence 18 Cancellation, variation or suspension of registration or licence on request...................................................................................... 11 19 Cancellation, variation or suspension of registration or licence for cause ........................................................................................ 11 20 Operation of notice of cancellation ................................................ 12

Wagait Shire Council (Dog Management) By-laws 2019 ii Division 5 Dangerous dogs 21 Dangerous dog .............................................................................. 12 22 Revocation of declaration .............................................................. 12 23 Duties of owner of dangerous dog ................................................. 12 24 Breaching conditions for dangerous dog ....................................... 14 Division 6 Dog exercise areas and dog restriction areas 25 Dog exercise areas ........................................................................ 14 26 Dog restriction areas ..................................................................... 15 Division 7 Offences 27 Proper containment of dog ............................................................ 16 28 Removal of identification device .................................................... 16 29 Dog in public place without identification device ............................ 16 30 Putting identification device on wrong dog..................................... 17 31 Dog at large ................................................................................... 17 32 Causing owner to commit offence ................................................. 18 33 Menacing dog ................................................................................ 18 34 Dog attacks.................................................................................... 19 35 Dog chasing vehicles or horses ..................................................... 20 36 Dog causing nuisance ................................................................... 20 37 Abandoning dog ............................................................................ 21 Division 8 Enforcement 38 Seizure of dog ............................................................................... 21 Division 9 Pounds 39 Pound ............................................................................................ 22 40 Notice of impounding ..................................................................... 22 41 Release of dog from pound ........................................................... 22 42 Diseased dog................................................................................. 23 43 Disposal or destruction of impounded dog..................................... 24 Part 3 Infringement notice offences 44 Infringement notice offence and prescribed amount payable ........ 24 45 When infringement notice may be given ........................................ 25 46 Contents of infringement notice ..................................................... 25 47 Electronic payment and payment by cheque ................................. 26 48 Withdrawal of infringement notice.................................................. 26 49 Application of Part ......................................................................... 26

Wagait Shire Council (Dog Management) By-laws 2019 iii Part 4 Miscellaneous matters 50 Removal or disposal of animal remains ......................................... 26 51 Obstruction offence ....................................................................... 27 52 Misleading information ................................................................... 27 53 Exemption for events ..................................................................... 28 54 Council may charge fee for service ............................................... 29 Schedule Infringement notice offences and prescribed amounts ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2019

WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019 Regulations under the Local Government Act 2008 Part 1 Preliminary matters 1 Citation These By-laws may be cited as the Wagait Shire Council (Dog Management) By-laws 2019. 2 Commencement These By-laws commence on the day on which they are notified in the Gazette. 3 Definitions In these By-laws: abandon, in relation to a dog, means: (a) deliberately leaving the dog at a place without an intention to return to collect the dog or to provide care for it; and (b) failing to obtain the release of the dog from a pound. animal means a dog, cat, bird, reptile or other animal that is kept in the Council area. approved means approved by the Council. attack, by a dog, means the dog behaviour prohibited by by-law 34(1) and (2) authorised person means a person appointed under section 112(1) of the Act to be an authorised person. CEO means the Chief Executive Officer of the Council. Council means the Wagait Shire Council.

Part 1 Preliminary matters Wagait Shire Council (Dog Management) By-laws 2019 2 Council area means the Wagait Shire Council area. dangerous dog means a dog declared under by-law 21 to be a dangerous dog. determined means determined by the Council by resolution. dog means an animal of the genus Canis. dog exercise area means an area declared under by-law 25 to be a dog exercise area. dog restriction area means an area declared under by-law 26 to be a dog restriction area. dog-tag means a dog-tag issued under by-law 10(1). identification device means a dog-tag or microchip that complies with by-law 10. infringement notice, see by-law 45. infringement notice offence, see by-law 44(1). licence means a licence granted or renewed under these By-laws for the keeping of dogs on the premises in respect of which the licence is granted. menace, in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that: (a) the dog is likely to attack a person or an animal; or (b) the dog is likely to escape, or be released from, restraint and attack a person or an animal. microchip means a digital device that can be implanted in a dog. officer means any of the following: (a) an authorised person; (b) an officer or employee of the Council. owner, in relation to a dog, means: (a) the registered owner of the dog; (b) the person for the time being in control of the dog, other than a person controlling or keeping a dog under Division 8 or 9;

Part 1 Preliminary matters Wagait Shire Council (Dog Management) By-laws 2019 3 (c) the occupier of premises, or a part of premises, where the dog is usually kept; and (d) if the owner is under the age of 17 years, a parent or guardian of the owner. pound means a pound established by by-law 39. premises includes: (a) a building; and (b) land, whether built on or not. prescribed amount, see by-law 44(2). properly contained, in relation to a dog, means the dog is kept in accordance with by-law 27(1). register means a register kept under by-law 4. registered, in relation to a dog, means registered under by-law 9. registered owner, in relation to a dog, means the person specified in the appropriate register as the owner of the dog. vehicle means a conveyance or other device designed to be propelled or drawn by any means, including a bicycle, tricycle, motor vehicle, wheelchair or mobility device. veterinarian means a registered veterinarian as defined in section 3(1) of the Veterinarians Act 1994. Note for by-law 3 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to these by-laws. 4 Registers (1) The CEO must keep registers as determined by the Council. (2) A register may be kept in any form, including electronic form. (3) A register must include details about the following: (a) all dogs registered by the Council; (b) all licences granted by the Council;

Part 1 Preliminary matters Wagait Shire Council (Dog Management) By-laws 2019 4 (c) all offences against these By-laws for which an owner of a dog: (i) was found guilty by a court; or (ii) has paid the prescribed amount under an infringement notice. 5 Publishing determinations and resolutions A resolution or determination of the Council made under these By- laws is to be published on the Council's website. 6 Matters of evidence (1) An extract from, or copy of an entry in, a register, purportedly signed by the CEO is evidence of the details contained in the entry without requiring the production of the register, unless a court otherwise orders. (2) A statement purportedly signed by the CEO in relation to details contained in a register, including the following, is evidence of those details without requiring the production of the register, unless a court otherwise orders: (a) whether the name of a person was entered in a register in relation to an animal, matter or thing; (b) whether a licence was granted in relation to premises; (c) whether a registration was made in relation a dog. 7 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against these By-laws. Note for by-law 7 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

Part 2 Control of dogs Division 2 Registration of dogs Wagait Shire Council (Dog Management) By-laws 2019 5 Part 2 Control of dogs Division 1 Preliminary matters 8 General exemption for assistance dog (1) By-laws 11, 12 and 26 do not apply in relation to: (a) an assistance dog; or (b) any other dog that the Council determines is exempt from those provisions. (2) In this by-law: assistance dog means a dog: (a) trained by an assistance dog training institution recognised by the Council; and (b) used as an assistance dog by a person who: (i) is wholly or partially blind or deaf; or (ii) has another form of disability requiring the use of an assistance dog. Division 2 Registration of dogs 9 Applications for registration (1) The owner of a dog that is kept within the Council area must apply to the Council for registration of the dog. (2) An application for the registration of a dog must include the application fee. (3) The Council must, within 14 days after receiving an application for the registration of a dog: (a) register the dog, either conditionally or unconditionally; or (b) refuse to register the dog and refund the application fee to the applicant. (4) The Council may refuse to register a dog if: (a) within the 12 months before the date of the application the owner of the dog was found guilty by a court of more than 2 offences against these By-laws; or

Part 2 Control of dogs Division 2 Registration of dogs Wagait Shire Council (Dog Management) By-laws 2019 6 (b) the dog is a dangerous dog and the CEO believes on reasonable grounds that, within 12 months before the date of the application, the owner of the dog contravened by-law 23(1) more than once; or (c) within 12 months before the date of the application the dog was impounded under these By-laws on more than 2 occasions; or (d) the Council is satisfied that the dog is destructive, dangerous, savage or consistently the cause of nuisance to members of the public; or (e) the premises on which the dog is to be usually kept are not secured to a degree that is satisfactory to the Council. (5) The Council must refuse to register a dog if: (a) keeping the dog on the premises on which the dog is to be usually kept would contravene by-law 15; or (b) the dog is to be kept on premises within a dog restriction area and is not a dog exempted by-law 26(7). (6) If the Council refuses to register a dog or imposes conditions on the registration of a dog, the Council must give the applicant a statement in writing of the reasons for its decision. (7) For clause (4)(a), a reference to a finding of guilt for an offence includes the payment of a prescribed amount under an infringement notice given to the person under these By-laws. (8) The registration of a dog expires after 12 months and may be renewed annually as determined by Council. 10 Identification device (1) If the Council registers a dog under these By-laws, the Council must issue a dog-tag for the dog to the person who made the application. (2) In addition to a dog-tag, the Council may require the dog to be implanted with a microchip in the manner approved by the CEO. (3) The microchip must: (a) comply with the following Australian Standards: (i) AS 5018 – 2001 Electronic Animal Identification – National coding scheme;

Part 2 Control of dogs Division 2 Registration of dogs Wagait Shire Council (Dog Management) By-laws 2019 7 (ii) AS 5019 – 2001 Electronic Animal Identification – Radiofrequency methods; and (b) be designed to store information in a way that can be retrieved electronically without physical contact. (3) The registered owner, unless exempted by the CEO, must ensure that, while the registration of the dog remains in force: (a) the dog-tag is fixed to a collar on the dog; and (b) the dog-tag remains displayed on a collar on the dog. 11 Unregistered dog (1) A person commits an offence if the person keeps an unregistered dog in the Council area for a continuous period of 3 months or longer. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) The following persons are exempt from clause (1): (a) a Council employee or contractor keeping a dog in a pound; or (b) an approved incorporated body that provides services relating to animal welfare and refuges for dogs; or (c) a veterinarian keeping a dog for the purposes of treatment. 12 Failure to comply with a condition of registration (1) A registered owner of a dog commits an offence if: (a) the dog's registration is subject to a condition; and (b) the owner contravenes the condition. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse.

Part 2 Control of dogs Division 3 Licensing of premises Wagait Shire Council (Dog Management) By-laws 2019 8 13 Change of ownership (1) The registered owner of a dog who transfers the dog to a new owner must, within 14 days after the transfer, notify the CEO of: (a) the registered owner's name and address; and (b) the registration number of the dog; and (c) the name and address of the new owner of the dog. (2) A person who contravenes clause (1) commits an offence. Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse. (5) The CEO must, on being notified of a change of ownership under clause (1), amend the register accordingly. 14 Change of address (1) The registered owner of a dog who changes the owner's address must, within 14 days after the change, notify the CEO of the new address. (2) A person who contravenes clause (1) commits an offence. Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse. (5) The CEO must, on being notified of a change of address under clause (1), amend the register accordingly. Division 3 Licensing of premises 15 Requirement for licence (1) The Council may determine the maximum number of dogs, or dogs of a class of dog, that may be kept on premises in the Council area without a licence.

Part 2 Control of dogs Division 3 Licensing of premises Wagait Shire Council (Dog Management) By-laws 2019 9 (2) An occupier of premises commits an offence if the occupier: (a) keeps more dogs, or dogs of a class of dogs, on the premises than the maximum determined under clause (1); and (b) does not have a licence permitting that number of dogs on the premises. Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if: (a) the defendant has a reasonable excuse; or (b) the defendant establishes that the dogs, or dogs of a class of dogs, were not usually kept on the premises: (i) during the 3 months immediately before the date of the alleged offence; or (ii) for periods totalling 3 months or more during the 6 months immediately before the date of the alleged offence. 16 Licensing of premises (1) An occupier of premises who wants to keep more dogs on the premises than the maximum number determined under by-law 15(1) may apply to the Council for a licence. (2) An application for the registration of a dog must include the application fee. (3) The Council must, within 14 days after receiving an application for a licence: (a) grant a licence in respect of the premises, either conditionally or unconditionally; or (b) refuse to grant a licence in respect of the premises and refund the application fee to the applicant. (4) In considering an application, the Council may take into account any matter that it considers relevant, including the following: (a) the facilities for controlling dogs on the premises specified in the application; (b) the number of dogs kept or to be kept on the premises;

Part 2 Control of dogs Division 3 Licensing of premises Wagait Shire Council (Dog Management) By-laws 2019 10 (c) the likely impact on residents near the premises if the licence is granted. (5) If the Council has determined the manner in which premises are to be fenced, the Council must not grant a licence in respect of premises if the premises are not fenced in accordance with the determination. (6) The Council may renew a licence without considering the application in the manner specified in clauses (4) and (5) if, to the Council's knowledge, no matters have arisen that, if taken into account at the time the licence was granted, would have caused the Council to refuse to grant the licence or to grant the licence subject to conditions other than those specified in the licence. (7) The Council must give the applicant a statement in writing of the reasons for its decision if the Council: (a) refuses to grant a licence; or (b) grants a licence subject to conditions; or (c) renews a licence subject to conditions not imposed on the original licence. (8) A licence for premises expires after 12 months and may be renewed annually as determined by the Council. 17 Failure to comply with a condition of licence (1) An occupier of premises commits an offence if: (a) a licence is granted, subject to a condition, in respect of the premises; and (b) the occupier contravenes a condition of the licence. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse.

Part 2 Control of dogs Division 4 Cancellation, variation or suspension of registration or licence Wagait Shire Council (Dog Management) By-laws 2019 11 Division 4 Cancellation, variation or suspension of registration or licence 18 Cancellation, variation or suspension of registration or licence on request The Council may, on the written request of the registered owner of a dog or the holder of a licence, by written notice given to the registered owner or holder: (a) cancel the registration of the dog; or (b) cancel the licence or suspend it for the period specified in the notice; or (c) vary the conditions to which the registration of the dog or the licence is subject. 19 Cancellation, variation or suspension of registration or licence for cause (1) If the Council believes on reasonable grounds that it is in the public interest to take any action mentioned in by-law 18(a) to (c) in relation to a dog or a licence, it may give the registered owner of the dog or the holder of the licence a written notice: (a) specifying the proposed action and the reason it is believed to be in the public interest; and (b) inviting the licensee to show cause, in writing and within 14 days from the date the notice is given, why the proposed action should not be taken. (2) After considering any response received within 14 days of the date of the notice, the Council may: (a) take no action; or (b) cancel the registration of the dog; or (c) cancel the licence or suspend it for the period specified in the notice; or (d) vary the conditions to which the registration of the dog or the licence is subject. (3) The Council must, by written notice, notify the registered owner or the holder of the licence of its decision.

Part 2 Control of dogs Division 5 Dangerous dogs Wagait Shire Council (Dog Management) By-laws 2019 12 20 Operation of notice of cancellation A notice given by the Council under by-law 18 or 19(3) takes effect on the expiry of 14 days after the notice is given. Division 5 Dangerous dogs 21 Dangerous dog (1) An authorised person may declare a dog to be a dangerous dog if: (a) the dog attacks a person or an animal; or (b) the dog menaces a person or an animal; or (c) the authorised person believes on reasonable grounds that the dog is destructive, dangerous, savage or a threat to the safety of the community. (2) The Council must give written notice of any declaration under clause (1) to the owner of the dog. 22 Revocation of declaration (1) The owner of a dangerous dog may apply to the Council to revoke the declaration. (2) The Council may: (a) revoke the declaration; or (b) refuse to revoke the declaration. (3) The Council must give written notice of its decision under clause (2) to the owner of the dog. (4) A revocation under clause (2)(a) takes effect from the date the Council notifies the owner of the revocation. (5) If the Council refuses an application under clause (1), the CEO is not required to consider any further application in relation to the same dog within 6 months of the refusal. 23 Duties of owner of dangerous dog (1) When properly containing the dog as required under by-law 27(1), the owner of a dangerous dog must ensure that the containment is appropriate to the danger posed by the dog.

Part 2 Control of dogs Division 5 Dangerous dogs Wagait Shire Council (Dog Management) By-laws 2019 13 (2) The owner of a dangerous dog must: (a) erect signage on the premises where the dog is usually kept, with the words "Warning Dangerous Dog" clearly visible and legible from the front boundary of the premises; and (b) when the dog is outside the premises where the dog is usually kept: (i) ensure the dog is under the control of a person who is at least 18 years of age and competent to restrain the dog; and (ii) ensure the dog is controlled by a suitable leash, and muzzled; and (c) if the owner intends to keep the dog, for more than 14 days, at a place other than the premises where the dog is usually kept – notify the Council of the address of the place within 24 hours after the dog is relocated. (3) If a dangerous dog attacks, or is alleged to have attacked, a person or an animal, the owner of the dog must notify the Council of the attack, or alleged attack, within 24 hours of the earlier of: (a) the time of the attack, or alleged attack; or (b) the time the owner is made aware of the attack, or alleged attack. (4) The owner of a dangerous dog must notify the Council: (a) if the dog is missing – within 24 hours after the owner becomes aware the dog is missing; and (b) if the dog dies – within 14 days after its death. (5) The owner of a dangerous dog must: (a) inform any prospective purchaser or owner of the dog that it is a dangerous dog; and (b) if ownership of the dog is transferred – notify the Council of the name and address of the new owner within 24 hours after the transfer. (6) The requirements of clauses (1) to (5) are conditions on the registration of a dangerous dog.

Part 2 Control of dogs Division 6 Dog exercise areas and dog restriction areas Wagait Shire Council (Dog Management) By-laws 2019 14 (7) The owner of a dangerous dog must also comply with any other condition imposed by the Council on the registration of the dog. 24 Breaching conditions for dangerous dog (1) If the owner of a dangerous dog contravenes by-law 23(1) to (5) more than once in a 12 month period, the Council may, by written notice given to the owner of the dog, require the owner to show cause, within 14 days, why the Council should not cancel the registration of the dog. (2) After considering any response received within 14 days of the date of the notice, the Council may: (a) cancel the registration of the dog; or (b) impose additional conditions on the registration of the dog. (3) The Council must, by written notice, notify the registered owner of its decision. Division 6 Dog exercise areas and dog restriction areas 25 Dog exercise areas (1) The Council may, by resolution, declare an area within the Council area to be a dog exercise area. (2) The resolution must specify: (a) the times when a dog may be exercised in the area; and (b) any other conditions that apply to the exercising of a dog in the area. Example for clause (2)(b) The Council may impose a condition that female dogs in oestrus are not permitted in a dog exercise area, or are permitted only at certain times. (3) At least 28 days before making the declaration, the Council must publish, on its website and in a newspaper circulating in the Council area, a notice of its intention to declare a dog exercise area. (4) Before making the declaration, the Council must consider any responses to the notice from members of the public who reside in the Council area.

Part 2 Control of dogs Division 6 Dog exercise areas and dog restriction areas Wagait Shire Council (Dog Management) By-laws 2019 15 26 Dog restriction areas (1) The Council may, by resolution, declare an area within the Council area to be a dog restriction area. (2) The Council may, in the resolution, prohibit: (a) keeping any of the following in the dog restriction area: (i) all dogs; (ii) more than a specified number of dogs; (iii) all or more than a specified number of dogs of a specified class; and (b) taking a dog into the dog restriction area. (3) At least 28 days before making the declaration, the Council must publish, on its website and in a newspaper circulating in the Council area, a notice of its intention to declare a dog restriction area. (4) Before making the declaration, the Council must consider any responses to the notice from members of the public who reside in the Council area. (5) A person commits an offence if the person keeps a dog in a dog restriction area where keeping the dog is prohibited. Maximum penalty: 20 penalty units. (6) An offence against clause (5) is an offence of strict liability. (7) A dog is exempt from clause (5) if the defendant establishes that: (a) the dog is owned by the defendant; and (b) the dog is registered; and (c) the dog was usually kept at premises in the dog restriction area immediately before the date of the declaration of the dog restriction area. (8) A person commits an offence if the person takes a dog into a dog restriction area where taking the dog is prohibited. Maximum penalty: 20 penalty units. (9) An offence against clause (8) is an offence of strict liability.

Part 2 Control of dogs Division 7 Offences Wagait Shire Council (Dog Management) By-laws 2019 16 (10) It is a defence to a prosecution for an offence against clauses (5) and (8) if the person has a reasonable excuse. Division 7 Offences 27 Proper containment of dog (1) The owner of a dog must properly contain the dog, when it is on the premises where the dog is usually kept, as follows: (a) keep the dog within a fenced area from which the dog is unable to escape; (b) keep the dog inside a building or other enclosure from which the dog is unable to escape; (c) confine or restrain the dog in an appropriate manner. (2) An owner of a dog commits an offence if the dog is not properly contained when the dog is on the premises where the dog is usually kept. Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) To avoid doubt, the following matters are not relevant to an offence against clause (2): (a) the time during which the dog was not properly contained; (b) the ability of the owner to contain the dog. 28 Removal of identification device (1) A person who removes an identification device from a dog commits an offence. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse. 29 Dog in public place without identification device (1) An owner of a registered dog who permits the dog to be in a public place without an identification device commits an offence. Maximum penalty: 20 penalty units.

Part 2 Control of dogs Division 7 Offences Wagait Shire Council (Dog Management) By-laws 2019 17 (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant establishes that: (a) the identification device was removed from the dog without the owner's permission; and (b) the owner did not have a reasonable opportunity to replace the identification, or had a reasonable excuse not to replace it, before the alleged offence. 30 Putting identification device on wrong dog (1) A person must not affix to a dog's collar, or implant in a dog, an identification device for any dog other than the dog for which the device was issued. (2) A person commits an offence if the person contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse. 31 Dog at large (1) An owner of a dog commits an offence if the dog is at large in the Council area. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant establishes that another person had, without the defendant's permission, caused the dog to become at large. (4) In this by-law: at large, in relation to a dog, means: (a) the dog is in an outdoor place other than the premises where the dog is usually kept; and (b) the dog is not under effective control.

Part 2 Control of dogs Division 7 Offences Wagait Shire Council (Dog Management) By-laws 2019 18 under effective control, in relation to a dog, means the dog is: (a) restrained by a leash, cord, chain or similar device that: (i) is no longer than 3 metres; and (ii) is held by a person who is over the age of 12 years and competent to restrain the dog; or (b) enclosed in a vehicle, or in or on the back of a flat-topped, tray-backed or well-bodied vehicle, in such a manner that no part of the dog is projecting from the vehicle; or (c) in a dog exercise area in compliance with any conditions applicable to the area. 32 Causing owner to commit offence A person commits an offence if: (a) the person intentionally engages in conduct; and (b) the conduct causes the owner of a dog to commit an offence against these By-laws; and (c) the person is reckless in relation to that result. Maximum penalty: 20 penalty units. 33 Menacing dog (1) An owner of a dog must ensure that the dog does not menace a person or an animal. (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant establishes any of the following: (a) another person had, without the defendant's permission, caused the dog to menace the person or animal; (b) if an animal was menaced – the animal was menaced on premises owned or occupied by the defendant;

Part 2 Control of dogs Division 7 Offences Wagait Shire Council (Dog Management) By-laws 2019 19 (c) if a person was menaced – the person created a reasonable apprehension that the person was trespassing on premises owned or occupied by the defendant. (5) If a court finds a person guilty of an offence against clause (2), the court may make one or both of the following orders: (a) if the dog was impounded as a result of the offence – an order that the person pay the costs and expenses of, and incidental to, the impounding; (b) an order for the destruction of the dog in addition to, or instead of, the penalty for the offence. 34 Dog attacks (1) An owner of a dog must ensure that the dog does not bite a person or an animal. (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An owner of a dog must ensure that the dog does not: (a) rush at, chase or menace a person or another animal; and (b) make contact with the person or animal, the person's clothing or any property in the immediate possession or under the immediate control of the person. (4) An owner of a dog commits an offence if the owner contravenes clause (3). Maximum penalty: 20 penalty units. (5) An offence against clause (2) or (4) is an offence of strict liability. (6) It is a defence to a prosecution for an offence against clause (2) or (4) if the defendant establishes any of the following: (a) another person had, without the defendant's permission, caused the dog to attack the person or animal; (b) the person or animal was attacked on premises owned or occupied by the defendant; (c) if a person was attacked – the person created a reasonable apprehension that the person was trespassing.

Part 2 Control of dogs Division 7 Offences Wagait Shire Council (Dog Management) By-laws 2019 20 (7) If a court finds a person guilty of an offence against clause (2) or (4), the court may make one or both of the following orders: (a) if the dog was impounded as a result of the offence – an order that the person pay the costs and expenses of, and incidental to, the impounding; (b) an order for the destruction of the dog in addition to, or instead of, the penalty for the offence. 35 Dog chasing vehicles or horses (1) An owner of a dog must ensure the dog does not chase: (a) a vehicle; or (b) a horse, whether ridden or not. (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant establishes that another person had, without the defendant's permission, caused the dog to chase the vehicle or horse. 36 Dog causing nuisance (1) An owner of a dog must ensure that the dog, either by itself or with other dogs, is not a nuisance. (2) An owner of a dog commits an offence if the owner contravenes clause (1). Maximum penalty: 20 penalty units. (3) An offence against clause (2) is an offence of strict liability. (4) It is a defence to a prosecution for an offence against clause (2) if the defendant has a reasonable excuse. (5) For this by-law, a dog is a nuisance if it: (a) is injurious or dangerous to the health of the community or an individual; or

Part 2 Control of dogs Division 8 Enforcement Wagait Shire Council (Dog Management) By-laws 2019 21 (b) behaves repeatedly in a manner contrary to the general interest of the community or an individual. (6) Without limiting clause (5), a dog is taken to be a nuisance if it: (a) creates a noise, by barking or otherwise, that persistently occurs or continues to a degree or extent that disturbs the reasonable mental, physical or social well-being of a person; or (b) repeatedly barks when people or vehicles use a public place in the vicinity of the premises where the dog is kept; or (c) repeatedly defecates in a place causing annoyance to a person other than the owner of the dog. (7) The owner of a dog does not commit an offence against this by-law by reason of the nuisance mentioned in clause (6)(c) if the owner immediately removes the faeces and disposes of them in a public garbage receptacle or on the owner's own property. 37 Abandoning dog (1) A person commits an offence if the person abandons a dog in the Council area. Maximum penalty: 20 penalty units. (2) An offence against clause (1) is an offence of strict liability. (3) It is a defence to a prosecution for an offence against clause (1) if the defendant has a reasonable excuse. Division 8 Enforcement 38 Seizure of dog (1) An authorised person may seize: (a) a dog that appears to be diseased, injured, savage, destructive, stray or unregistered; or (b) a dog that an authorised person believes on reasonable grounds has attacked a person; or (c) a dog that is at large; or (d) a dangerous dog the owner of which has not complied with the conditions of the dog's registration.

Part 2 Control of dogs Division 9 Pounds Wagait Shire Council (Dog Management) By-laws 2019 22 (2) The authorised person must as soon as practicable: (a) deliver a seized dog to a pound; or (b) return a seized dog to its owner. (3) Despite clause (2), the authorised person may destroy a seized dog if: (a) the dog is diseased, injured, savage or destructive; and (b) the authorised person believes on reasonable grounds that it is necessary to destroy it. Division 9 Pounds 39 Pound The Council may establish a pound. 40 Notice of impounding (1) If an impounded dog has an identification device, the CEO must notify the registered owner of the impounding. (2) If an impounded dog has a collar on which an address is displayed, the CEO must give notice of the impounding to that address. (3) If an impounded dog has no identification device, the CEO is not obliged to notify the dog's owner of the impounding. 41 Release of dog from pound (1) Subject to by-law 43(1), an impounded dog is not to be released from a pound unless: (a) it is registered; and (b) it is released to its registered owner or to a person authorised to act on behalf of the registered owner; and (c) subject to clause (4), the Council receives the appropriate release fees and any other amounts payable by the registered owner under an infringement notice given to the registered owner under these By-laws. (2) A person who is collecting a dog from a pound must satisfy a council employee at the pound that the person is the registered owner of the dog, or is authorised to act on behalf of the registered owner.

Part 2 Control of dogs Division 9 Pounds Wagait Shire Council (Dog Management) By-laws 2019 23 (3) The Council may charge the registered owner a fee for delivering a dog released from a pound. (4) Any release fee or delivery fee that is not paid at the time the dog is returned to its registered owner may be recovered as a debt due to the Council. 42 Diseased dog (1) An officer at the pound must notify the CEO if the officer notices or suspects that an impounded dog is diseased. (2) The CEO must arrange for a dog to be isolated from other dogs in the pound if: (a) the CEO is notified under clause (1) that the dog is, or is suspected of being, diseased; or (b) the CEO receives advice from a veterinarian that the dog is, or is suspected of being, diseased. (3) The CEO must give the owner, if known, of a dog isolated under clause (2) written notice that: (a) the dog is, or is suspected of being, diseased; and (b) the dog must undergo a course of treatment specified in the notice or be destroyed. (4) The CEO may, in the notice given under clause (3), require the owner of the dog to give the Council a report on the condition of the dog and any other dogs usually kept at the same premises. (5) The report must be prepared, within the time specified in the notice, by a veterinarian or other person specified in the notice. (6) A dog that is the subject of a notice under this by-law may be released from the pound in accordance with by-law 41 and subject to any conditions the Council considers appropriate. (7) An owner of a dog commits an offence if the owner: (a) fails to give a report required under clause (4); or (b) contravenes a condition imposed under clause (6). Maximum penalty: 20 penalty units. (8) An offence against clause (7) is an offence of strict liability.

Part 3 Infringement notice offences Wagait Shire Council (Dog Management) By-laws 2019 24 (9) It is a defence to a prosecution for an offence against clause (7) if the defendant has a reasonable excuse. (10) The cost of treatment reasonably provided by the Council to a diseased dog, and to any other dog in the pound that was infected or was at risk of being infected by the diseased dog before the dog could reasonably be isolated, is a debt payable by the owner of the diseased dog to the Council. 43 Disposal or destruction of impounded dog (1) The CEO may arrange for a dog in a pound to be destroyed if the dog is so diseased or injured that it is humane to destroy it. (2) Subject to this by-law, the CEO may, after a dog is impounded for 72 hours: (a) arrange for the destruction of the dog; or (b) transfer the property in the dog to an approved incorporated body that provides services relating to animal welfare, and dispose of the dog as agent for that body. (3) If an infringement notice is issued to the owner of an impounded dog, the CEO must not destroy or dispose of the dog until at least 14 days after any court proceedings relating to that infringement notice are complete. (4) If an investigation is started in relation to an impounded dog, the dog must not be destroyed or disposed of until the investigation is complete. Example for clause (4) The dog is alleged to have attacked a person or another animal. (5) A dog in a pound may only be destroyed: (a) by a veterinarian or another person who is, in the opinion of the CEO, qualified to destroy the dog; and (b) in a manner approved by the Australian Veterinary Association. Part 3 Infringement notice offences 44 Infringement notice offence and prescribed amount payable (1) An infringement notice offence is an offence against a provision specified in the Schedule.

Part 3 Infringement notice offences Wagait Shire Council (Dog Management) By-laws 2019 25 (2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in the Schedule. 45 When infringement notice may be given If an authorised person believes on reasonable grounds that a person has committed an infringement notice offence, the authorised person may give a notice (an infringement notice) to the person. 46 Contents of infringement notice (1) The infringement notice must specify the following: (a) the name and address of the person, if known; (b) the date the infringement notice is given to the person; (c) the date and time of the infringement notice offence and the place where the infringement notice offence occurred; (d) a description of the offence; (e) the prescribed amount payable for the offence; (f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to which the prescribed amount is payable. (2) The infringement notice must include a statement to the effect of the following: (a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given; (b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency; (c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001. (3) Also the infringement notice must include an appropriate form for making the statement of election mentioned in clause (2)(b).

Part 4 Miscellaneous matters Wagait Shire Council (Dog Management) By-laws 2019 26 47 Electronic payment and payment by cheque (1) If the person uses electronic means to pay the prescribed amount, payment is not effected until the amount is credited to the Council's bank account. (2) If the person tenders a cheque in payment of the prescribed amount, payment is not effected unless the cheque is cleared on first presentation. 48 Withdrawal of infringement notice (1) The Council may withdraw an infringement notice by written notice given to the person. (2) The notice must be given: (a) within 28 days after the infringement notice is given to the person; and (b) before the prescribed amount is paid. 49 Application of Part (1) This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice was given unless the offence is expiated. (2) Also, this Part does not: (a) require an infringement notice to be given; or (b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or (c) prevent more than one infringement notice for the same offence being given to a person. (3) If more than one infringement notice for the same offence is given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices. Part 4 Miscellaneous matters 50 Removal or disposal of animal remains (1) The Council may arrange for the removal and disposal of the remains of a dead animal found in a public place.

Part 4 Miscellaneous matters Wagait Shire Council (Dog Management) By-laws 2019 27 (2) The Council may recover expenses incurred in removing and disposing of a dead animal from the owner of the animal, if known, as a debt due and payable to the Council. 51 Obstruction offence (1) A person commits an offence if: (a) the person intentionally obstructs another person; and (b) the other person is: (i) an officer; or (ii) an employee of a contractor or subcontractor of the Council; and (c) the other person is acting in an official capacity and the person has knowledge of that circumstance. Maximum penalty: 20 penalty units. (2) Strict liability applies to clause (1)(b). (3) In this by-law: acting in an official capacity, in relation to a person mentioned in clause (1)(b), means the person is exercising powers or performing functions under, or otherwise related to the administration of, these By-laws. obstruct includes hinder and resist. 52 Misleading information (1) A person commits an offence if: (a) the person intentionally gives information to another person; and (b) the other person is an officer; and (c) the information is misleading and the person has knowledge of that circumstance; and (d) the officer is acting in an official capacity and the person has knowledge of that circumstance. Maximum penalty: 20 penalty units.

Part 4 Miscellaneous matters Wagait Shire Council (Dog Management) By-laws 2019 28 (2) A person commits an offence if: (a) the person intentionally gives a document to another person; and (b) the other person is an officer; and (c) the document contains misleading information and the person has knowledge of that circumstance; and (d) the officer is acting in an official capacity and the person has knowledge of that circumstance. Maximum penalty: 20 penalty units. (3) Strict liability applies to clauses (1)(b) and (2)(b). (4) It is a defence to a prosecution for an offence against clause (2) if the person, when giving the document: (a) draws the misleading aspect of the document to the officer's attention; and (b) to the extent to which the person can reasonably do so – gives the officer the information necessary to remedy the misleading aspect of the document. (5) In this by-law: acting in an official capacity, in relation to an officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, these By-laws. misleading information means information that is misleading in a material particular or because of the omission of a material particular. 53 Exemption for events (1) The Council may, by written notice, exempt a person or body from either or both of by-laws 27 and 31: (a) for the purposes of a dog race, dog trial or dog show; or (b) while taking part in the activities of a dog obedience club; or (c) while using a dog to drive cattle or stock on a road; or

Part 4 Miscellaneous matters Wagait Shire Council (Dog Management) By-laws 2019 29 (d) for any other purpose or event as determined by the Council. (2) An exemption under clause (1): (a) may relate to a particular event or to a class of events; and (b) may be subject to any conditions the Council considers appropriate. 54 Council may charge fee for service (1) The Council may charge a fee for any service provided under these By-laws. Examples for clause (1) A fee for registering a dog, licensing of premises, inspecting a register, keeping a dog in a pound. (2) If the Council considers it appropriate, the Council may waive, reduce or refund a fee charged under clause (1).

Schedule Infringement notice offences and prescribed amounts Wagait Shire Council (Dog Management) By-laws 2019 30 Schedule Infringement notice offences and prescribed amounts by-law 44 Provision Prescribed amount in penalty units by-laws 11(1), 12(1), 13(2), 14(2), 15(2), 26(5) and (8), 28(1), 29(1) and 31(1) 1 by-laws 17(1), 27(2), 30(2), 35(2), 36(2) and 37(1) 2 by-law 33(2) 3 by-law 34(2) and(4) 6

ENDNOTES Wagait Shire Council (Dog Management) By-laws 2019 31 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Wagait Shire Council (Dog Management) By-laws 2019 (SL No 27, 2019) Notified 20 November 2019 Commenced 20 November 2019

1 WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019

The By‑laws define a compact set of operational concepts that determine who acts, when and how.

Dog, owner, registered owner: Dog is defined as an animal of the genus Canis (by‑law 3). Owner encompasses the registered owner, the person in control of the dog (except persons operating under Divisions 8 or 9), the occupier of premises where the dog is usually kept, and where the owner is under 17 the parent or guardian (by‑law 3). Registered owner is the person recorded in the register maintained by the CEO (by‑law 4(3)(a)).
Registration and identification device: Registration is mandatory for dogs kept in the Council area (by‑law 9(1)). Upon registration the Council issues a dog‑tag and may require implantation of a microchip meeting AS 5018 and AS 5019 (by‑law 10(1)-(3)). While registration is in force the registered owner must ensure the dog‑tag is affixed to and displayed on a collar unless the CEO exempts the owner (by‑law 10(3)).
Unregistered dog and timeframe: A person commits an offence if they keep an unregistered dog for a continuous period of 3 months or longer (by‑law 11(1)). That operation effectively gives owners a three‑month compliance window before the unregistered dog offence is triggered.
Licence and maximum number: The Council may determine the maximum number or class of dogs that may be kept on premises without a licence (by‑law 15(1)). Occupiers exceeding that limit must obtain a licence; applications attract the usual 14‑day decision timeframe and may be granted subject to conditions (by‑law 16(1)-(3), (4)).
Dangerous dog: An authorised person may declare a dog dangerous where it attacks, menaces, or is believed on reasonable grounds to be destructive or a community safety threat (by‑law 21). Declaration triggers statutory duties on the owner including appropriate containment, signage and requirements when the dog is outside the usual premises (by‑law 23). The Council may revoke or refuse revocation and may impose conditions (by‑laws 22-24).
Containment, at large and effective control: Properly contained is defined by by‑law 27(1) as keeping the dog within a fence from which it cannot escape, inside a building/enclosure, or confined/restraint in an appropriate manner. A dog at large is in an outdoor place other than the premises where usually kept and not under effective control; under effective control is defined by leash length and handler competence, or secure enclosure or compliance in a dog exercise area (by‑law 31(4)).
Infringement notice: The Schedule lists which by‑laws attract infringement notices and prescribes amounts in penalty units (by‑law 44 and Schedule). The prescribed amount is the monetary value of the listed number of penalty units (by‑law 44(2)). An authorised person may serve an infringement notice when they reasonably believe an infringement offence occurred (by‑law 45), and the notice must include particulars and an explanation of payment or election to contest (by‑law 46).
Registers and evidence: The CEO keeps registers as determined by Council, including registered dogs, licences, and records of offences and paid infringements (by‑law 4(1), (3)). Copies or extracts signed by the CEO are evidence of entries unless a court orders otherwise (by‑law 6(1)-(2)).
Exemptions and events: Assistance dogs are exempt from certain provisions (by‑law 8). The Council may exempt persons or bodies from containment and at large obligations for specified events and activities, or other purposes as determined by the Council, on written notice and subject to conditions (by‑law 53).

These concepts organise compliance obligations, enforcement triggers and administrative steps. Several defences are specified, commonly a "reasonable excuse" defence, and a number of offences are strict liability, shifting the evidentiary burden in practice (see Div 7 and related defences).

The By‑laws allocate obligations and risks among specific actors.

Dog owners and registered owners: The primary legal duties fall on owners as defined in by‑law 3. Owners must apply for registration (by‑law 9(1)), ensure identification devices are displayed (by‑law 10(3)), keep dogs properly contained on their premises (by‑law 27), and comply with special duties if a dog is declared dangerous (by‑law 23). Owners also face notification obligations on change of ownership or address within 14 days (by‑laws 13 and 14), and must report attacks, missing or dead dangerous dogs within defined timeframes (by‑law 23(3)-(4)). Owners pay registration and licence application fees, release and pound fees, and may be liable for costs of treatment notified under by‑law 42(10).
Occupiers of premises: Occupiers face licensing obligations if they keep more dogs than the Council determines permissible without a licence (by‑law 15(2)). Occupiers must obtain a licence and comply with any conditions; contravention is an offence (by‑law 16, 17).
Persons transferring dogs: Sellers or transferring registered owners must notify the CEO within 14 days of transfer with specified details (by‑law 13). Failing to notify is a strict liability offence (by‑law 13(2)-(4)).
Authorised persons and Council officers: The Council (through the CEO) and authorised persons are decision‑makers and enforcement agents. Authorised persons may seize dogs meeting specified criteria (by‑law 38), and the CEO has duties to keep registers (by‑law 4), notify owners of impounding (by‑law 40), and arrange isolation, treatment, transfer or destruction of impounded dogs under specified conditions (by‑laws 42-43). The CEO also decides on exemptions and may impose or vary registration or licence conditions (by‑laws 8, 18-19).
Veterinary professionals and animal welfare bodies: Veterinarians are explicitly recognised in the definition of veterinarian (by‑law 3) and must prepare reports if required under by‑law 42(5). Approved incorporated bodies providing animal welfare and refuges are exempt from the unregistered dog offence and may receive transferred dogs from the pound (by‑laws 11(3)(b), 43(2)(b)).
The public and residents: Residents can respond to notices about proposed exercise or restriction areas, as the Council must publish intent and consider responses before declaring such areas (by‑laws 25(3)-(4), 26(3)-(4)). Members of the public are protected by offences prohibiting menacing, attacks, nuisance, and dogs at large (Div 7).
Enforcement agencies under the Fines and Penalties (Recovery) Act 2001: Infringement notices specify the enforcement agency to which prescribed amounts are payable (by‑law 46(1)(f)), linking the local regime to the broader fines recovery machinery.

Who pays and who decides: Owners pay registration, licence, release and treatment costs; the Council decides on registrations, licences, exemptions, declaring areas and enforcement actions. Behavioural changes: owners must register, display tags, microchip where required, contain dogs, comply with licence/registration conditions, notify changes and incidents, and may need to muzzle or leash dangerous dogs when off premises (by‑law 23(2)). The regime concentrates decision authority in the CEO and Council, with operational enforcement by authorised persons.

The By‑laws set out specific duties placed on owners and powers retained by the Council and authorised persons. Rights are largely procedural and administrative.

Duties on owners and occupiers

Registration and identification: Owners must apply to register dogs kept within the Council area (by‑law 9(1)). The application requires a fee (by‑law 9(2)). Upon registration Council must issue a dog‑tag; Council may require implantation of a microchip meeting AS 5018 and AS 5019 (by‑law 10(1)-(3)). Registered owners must ensure the dog‑tag is fixed and displayed on a collar while registration remains in force, unless exempted by the CEO (by‑law 10(3)).
Time limits and notifications: Owners have 3 months before an unregistered dog offence is triggered (by‑law 11(1)-(2)). Registered owners must notify the CEO within 14 days of change of ownership or change of address, with failure an offence of strict liability (by‑laws 13(1), 14(1), 13(2)-(4), 14(2)-(4)). Owners transferring dogs must provide specific information (by‑law 13(1)).
Containment and control: Owners must properly contain dogs on premises where usually kept, either by a secure fence, inside a building or other enclosure, or by appropriate restraint (by‑law 27(1)-(2)). Owners must ensure dogs are not at large in outdoor public places and are under effective control when outside the premises (by‑law 31).
Dangerous dogs: If a dog is declared dangerous the owner must ensure containment appropriate to the danger posed (by‑law 23(1)). The owner must erect signage on the premises reading "Warning Dangerous Dog", ensure that when the dog is outside the usual premises it is under control of a competent adult, leashed and muzzled, notify the Council within 24 hours if the dog is kept elsewhere for more than 14 days, report attacks or alleged attacks within 24 hours, notify if the dog is missing within 24 hours and if it dies within 14 days, and inform prospective purchasers that the dog is dangerous and notify Council within 24 hours of any transfer (by‑law 23(2)-(5)). These conditions are expressly conditions of registration for a dangerous dog (by‑law 23(6)-(7)).
Pounds and costs: Owners seeking release of an impounded dog must satisfy registration requirements, produce authorisation, and pay release and other amounts payable including any infringement amounts (by‑law 41(1)-(4)). The cost of treatment provided by the Council to diseased dogs is a debt payable by the owner (by‑law 42(10)).

Procedural rights and Council duties

Decision timeframes and reasons: The Council must register or refuse within 14 days of receiving an application, and must provide written reasons where it refuses or imposes conditions on registration (by‑law 9(3), (6)). The same 14‑day decision and reasons rule applies to licence applications (by‑law 16(3), (7)). When Council proposes to cancel, vary or suspend a registration or licence for cause it must give written notice of the proposed action with reasons and invite a written show cause response within 14 days, then consider any response before deciding and must notify the person of its decision (by‑law 19(1)-(3)). Notices of cancellation take effect 14 days after being given (by‑law 20).
Registers and evidentiary weight: The CEO must keep registers determined by Council, and entries or signed extracts are admissible evidence unless a court orders otherwise (by‑laws 4(1)-(3), 6(1)-(2)). The register must include registered dogs, licences, and offences where owners were found guilty or paid prescribed amounts (by‑law 4(3)).
Enforcement powers: Authorised persons may seize dogs meeting specified criteria, and must deliver seized dogs to a pound or return them to the owner as soon as practicable; authorised persons may destroy seized dogs in limited circumstances where necessary due to disease, injury or danger (by‑law 38). The CEO may establish a pound and manage impoundment, release, isolation and destruction in accordance with specified rules (by‑laws 39-43).
Exemption powers: The Council may determine exemptions for assistance dogs from specific by‑laws (by‑law 8) and may exempt persons or bodies from containment and at large provisions for events or other purposes, by written notice and subject to conditions (by‑law 53).

Defences and burdens

Many offences are strict liability (identified at offence clauses and by Schedule), meaning prosecution does not need to prove intention; defences such as "reasonable excuse" are available in specified cases (see clauses across Div 7). Part IIAA of the Criminal Code applies to offences against these By‑laws, which supplies general principles and defences relevant in proceedings (by‑law 7).

Collectively the duties require owners to register, identify and contain dogs, to notify the Council of key events, and to comply with licence and dangerous dog conditions; procedural rights constrain Council decision timeframes and require publication and reasons for certain decisions.

The By‑laws set both maximum penalties for offences and an administrative infringement notice regime for lower‑level breaches. They also provide enforcement powers to authorised persons and the CEO regarding seizure, impounding, treatment and destruction.

Monetary penalties and strict liability

Maximum penalties: Many offences attract a stated maximum penalty of 20 penalty units, including keeping an unregistered dog for 3 months or longer (by‑law 11(1)), failure to comply with a condition of registration (by‑law 12(1)), failure to notify change of ownership or change of address (by‑laws 13(2), 14(2)), offences relating to containment, removal of identification device and similar offences (Div 7). Some offences carry lower or higher prescribed penalty units for infringement notices in the Schedule (see below).
Strict liability: The By‑laws expressly state strict liability applies for a number of offences, including the unregistered dog offence (11(2)), failure to comply with conditions (12(2)), some licensing offences (15(3)), many offences in Division 7 including proper containment, identification device offences, dog at large, menacing, attacks and others are declared strict liability where indicated in the relevant clauses. Where strict liability is specified, the prosecution need not prove mens rea on that element; specified defences such as "reasonable excuse" remain available (see by‑law 12(3), 31(3)-(4) and defences in Div 7 clauses).

Infringement notice scheme

Offences listed and prescribed amounts: Part 3 (by‑laws 44-49 and the Schedule) identifies particular by‑laws that are infringement notice offences and sets the prescribed amount as the monetary value of the number of penalty units specified in the Schedule (by‑law 44(1)-(2) and Schedule). For example, by‑laws 11(1), 12(1), 13(2), 14(2), 15(2), 26(5) and (8), 28(1), 29(1) and 31(1) are prescribed at 1 penalty unit; menacing (by‑law 33(2)) is 3 penalty units; dog attack offences (by‑law 34(2) and (4)) are 6 penalty units (Schedule).
Procedure and enforcement linkages: An authorised person may give an infringement notice where they reasonably believe an infringement offence occurred (by‑law 45). The notice must state particulars, the prescribed amount, and the enforcement agency to which payment is payable (by‑law 46(1)(a)-(f)). The notice must explain how to expiate the offence by paying within 28 days, and the option to elect to have the matter dealt with by a court under the Fines and Penalties (Recovery) Act 2001 (by‑law 46(2)). Payment mechanics are governed by by‑law 47 and the recoverability rules under the Fines and Penalties (Recovery) Act are engaged by the infringement notice scheme (by‑law 46(1)(f)).

Seizure, impounding, treatment and destruction

Seizure powers: An authorised person may seize dogs that appear diseased, injured, savage, destructive, stray, unregistered, at large or that they reasonably believe have attacked a person, or are dangerous and whose owner has not complied with registration conditions (by‑law 38(1)). Seized dogs must be delivered to a pound or returned to owner as soon as practicable (by‑law 38(2)). An authorised person may destroy a seized dog if diseased, injured, savage or destructive and it is necessary to do so (by‑law 38(3)).
Pound processes and release: The CEO may establish a pound (by‑law 39). If impounded, the CEO must notify the registered owner if identification device present or address on collar present; if no identification, no notification obligation arises (by‑law 40). A dog may not be released unless registered, released to registered owner or authorised person, and payment of release and other payable amounts including outstanding infringement amounts is made (by‑law 41(1)). Release fees and delivery fees are recoverable as debts if unpaid (by‑law 41(3)-(4)).
Diseased dogs: The CEO must isolate suspected diseased dogs and notify the owner with requirements for treatment or destruction, require reports from a veterinarian within specified times, and may impose conditions on release; failure to comply with reporting or conditions is a strict liability offence with a maximum penalty (by‑law 42).
Disposal or destruction: The CEO may arrange destruction of a dog that is so diseased or injured it is humane to destroy (by‑law 43(1)). After 72 hours an impounded dog may be destroyed or transferred to an approved incorporated body, subject to restrictions where an infringement notice has been issued or investigation is underway (by‑law 43(2)-(4)). Destruction must be by a veterinarian or person considered qualified by the CEO and in a manner approved by the Australian Veterinary Association (by‑law 43(5)).

Court orders and additional sanctions

Court powers: If convicted of menacing or attack offences the court may order payment of impounding costs and may order destruction of the dog in addition to or instead of the penalty (by‑laws 33(5), 34(7)). The by‑laws also note that Part IIAA of the Criminal Code applies, which contains general principles of criminal responsibility and defences relevant to prosecutions under the By‑laws (by‑law 7).

Withdrawal and contesting of infringements

Withdrawal and election: The Council may withdraw an infringement notice in writing provided it is within 28 days and before payment is made (by‑law 48). If a person elects, they may have the matter dealt with by a court under the Fines and Penalties (Recovery) Act, using the statement of election form included with the infringement notice (by‑law 46(2)(b)).

Collectively the regime blends administrative monetary penalties with criminal maxima, strict liability offences, and substantive enforcement powers for authorised persons and the CEO to seize, treat, impound and destroy dogs in specified circumstances.

The By‑laws operate within a statutory architecture and expressly cross‑reference several other Territory Acts and standards, creating points of interaction that affect enforcement, evidence and duties.

Local Government Act 2008: The By‑laws are framed as Regulations under the Local Government Act 2008 (top matter). The Council’s jurisdiction to make these by‑laws is therefore derived from that Act. While the By‑laws set out procedure and offence provisions, any exercise of powers may be contextualised by the enabling provisions in the Local Government Act. The instrument itself does not reproduce the enabling Act’s procedural limits; practitioners should check the parent Act for delegation, consultation and review processes.
Criminal Code (Part IIAA): By‑law 7 applies Part IIAA of the Criminal Code to offences against these By‑laws. Part IIAA contains general principles of criminal responsibility, establishes general defences and deals with burden of proof. That interaction means that where the By‑laws create offences, the Criminal Code supplies defences and rules about mental elements unless a clause specifies strict liability. The statutory note in the By‑laws confirms Part IIAA’s role for offences under the instrument (by‑law 7).
Fines and Penalties (Recovery) Act 2001: The infringement notice provisions reference the Fines and Penalties (Recovery) Act 2001, by requiring that infringement notices identify the enforcement agency defined in that Act to which amounts are payable, and by explaining the election to have the matter dealt with by a court under section 21 of that Act (by‑law 46(1)(f), 46(2)(b)). Consequently, fines recovery and enforcement mechanisms, including collection, enforcement fees and garnishee processes, will be governed by that Act once an infringement notice is served and unpaid.
Veterinarians Act 1994: The definition of veterinarian in by‑law 3 uses the term as defined in section 3(1) of the Veterinarians Act 1994. By‑law 42 requires veterinarian reports in treatment or disease reporting processes. That anchors who may provide reports and perform euthanasia‑related acts under the By‑laws.
Australian Standards for microchips: By‑law 10(3)(a) requires microchips to comply with AS 5018 - 2001 and AS 5019 - 2001. This creates a direct technical standard for identification devices; non‑compliant devices could conflict with Council requirements for registration and release from pound.
Interpretation Act 1978: The By‑laws include a note referencing the Interpretation Act 1978 for relevant definitions and interpretive aids (by‑law 3 Note). Standard interpretive presumptions, computation of time, service and signature issues may therefore be governed by that Act.
Cross‑links to debt recovery and civil remedies: The By‑laws make unpaid fees and costs recoverable as a debt due to Council (by‑laws 41(4), 42(10)), tying local administrative decisions to civil recovery processes. The interface with civil debt law and the Fines and Penalties (Recovery) Act creates two parallel paths for enforcement: criminal prosecution in court for an offence or administrative expiation via infringement notices and debt recovery.
Evidence and court orders: By‑law 6 allows signed extracts from registers to be received as evidence in court absent production of the register. Court powers to order destruction of dogs or pay impounding costs are expressed in offence provisions (by‑laws 33(5), 34(7)), and the By‑laws require courts to be able to act where offences are prosecuted.

In short, the By‑laws are not a freestanding code. They rely on the Local Government Act for their constitutional basis, import criminal law principles from the Criminal Code, use the fines recovery framework in the Fines and Penalties (Recovery) Act for enforcement, and require technical compliance with Australian Standards and the Veterinarians Act for certain veterinary and identification aspects. Practitioners should read these cross‑referenced instruments together to understand burdens of proof, evidentiary presumptions and collection mechanisms.

The source record included in the instrument shows the By‑laws were made as Wagait Shire Council (Dog Management) By‑laws 2019 (SL No 27, 2019), notified and commenced on 20 November 2019 (Endnotes, List of Legislation). The printed instrument is presented "As in force at 20 November 2019", and the ENDNOTES section lists the original subordinate legislation entry and commencement date.

There are no amendments, insertions, omissions or later instrument versions shown in the provided text beyond the original SL No 27, 2019 notification and commencement on 20 November 2019. The Endnotes supply a key to abbreviations for typical amendment annotations (for example, "amd" for amended), but none of those annotations are applied in the copy supplied. The Schedule and all by‑laws appear in their original numbering and form with no marginal notes of amendment.

Because the By‑laws are subordinate legislation under the Local Government Act, any subsequent changes would typically be recorded as amending regulations or new subordinate instruments in the territory's legislation register. The provided text does not include any later amending instruments, transitional provisions or expiry clauses beyond the statement that the by‑laws commenced on 20 November 2019.

Practitioners needing to confirm the current law should verify whether later amendments or replacement by‑laws exist on the Territory legislation website or the Wagait Shire Council website. The By‑laws themselves require the Council to publish determinations and resolutions under the instrument on the Council's website (by‑law 5), and that website may reflect any Council decisions taken under the By‑laws, but formal legislative amendments would be recorded in subsequent SL instruments or consolidated reprints which are not present in the supplied text.

The supplied instrument contains no recorded judicial decisions, case citations or a litigation history. The By‑laws themselves are silent on prior or subsequent litigation matters and do not name any cases. The only references to courts occur as procedural and remedial possibilities within the By‑laws: courts may find persons guilty of offences under these By‑laws, and where guilty of menacing or attack offences the court may order payment of impounding costs and may order destruction of the dog in addition to or instead of penalties (by‑laws 33(5), 34(7)). The By‑laws also provide that Part IIAA of the Criminal Code applies (by‑law 7), which means general criminal law principles and defences governed by the Criminal Code would apply in prosecutions.

Because the document does not provide a litigation history, there are no source‑named authorities to cite. Users seeking reports on how courts have interpreted comparable by‑law provisions (for example, "menacing" or "at large") will need to search Territory court decisions or appellate decisions addressing local government animal management bylaws, and cross‑check whether courts have treated particular by‑law definitions, strict liability clauses, or show‑cause processes as compliant with procedural fairness and criminal law principles. The By‑laws’ express application of Part IIAA and the number of strict liability offences means litigation could engage questions about the availability and scope of defences such as "reasonable excuse", the operation of strict liability in practice, and evidentiary use of register extracts admitted under by‑law 6. None of those questions are addressed in the instrument text itself.

This section highlights specific provisions that commonly produce compliance risk, operational friction or procedural traps for owners, occupiers and Council officers, as they derive directly from the text.

Three month unregistered window is limited but operative: The unregistered dog offence is triggered only if a dog is unregistered for a continuous period of 3 months or longer (by‑law 11(1)). This gives owners a limited compliance window. However, there is no separate specified deadline to apply for registration; the practical consequence is potential uncertainty about when enforcement will proceed, and enforcement officers may issue infringement notices for related offences (Schedule).
Strict liability on many offences: Numerous offences are strict liability (for example by‑laws 11(2), 12(2), 15(3), 27(3), 31(2), 34(5)), which reduces the prosecution burden on mental element. Defences such as "reasonable excuse" are often available, but strict liability can make compliance harder for owners who rely on subjective defences or on third parties causing the breach. Practitioners must note which clauses are strict liability and plan evidentiary strategies accordingly.
Short 14‑day decision and show‑cause periods: The Council must decide on registrations and licences within 14 days of receiving applications (by‑laws 9(3), 16(3)). For disciplinary actions the Council gives a show‑cause notice and allows 14 days to respond before deciding (by‑law 19(1)-(2)). These tight administrative timeframes can create implementation pressure on councils and compressed response windows for owners.
Microchip and identification technicalities: If the Council requires microchipping, the microchip must comply with specified Australian Standards (by‑law 10(3)(a)). Owners must keep the dog‑tag fixed and displayed (by‑law 10(3)). Removal of identification devices is an offence of strict liability (by‑law 28). Where identification is absent, the CEO is not obliged to notify of impounding (by‑law 40(3)), increasing the risk of loss for owners who do not maintain identification devices.
Transfer and notification obligations carry strict liability: Transferors must notify the CEO within 14 days with owner details (by‑law 13(1)), and failure is a strict liability offence with a 20 penalty unit maximum (by‑law 13(2)-(3)). The same 14‑day rule applies for change of address (by‑law 14). Sellers and buyers often overlook these administrative steps.
Dangerous dog duties create immediate operational burdens: Declared dangerous dogs attract multiple operational requirements, including signage visible from the front boundary, muzzling and competent adult handlers when off premises, and 24‑hour notification rules for attacks or relocations (by‑law 23). Repeated breaches trigger show‑cause to cancel registration (by‑law 24). These obligations can impose costs (signage, muzzles, containment works) and rapid reporting requirements on owners.
Pound time limits, impoundment and destruction: Impounded dogs may be destroyed after 72 hours or earlier if diseased or dangerous (by‑law 43). If an infringement notice is issued or an investigation underway, destruction is deferred until proceedings or investigation are complete (by‑law 43(3)-(4)). However, owners of unidentifiable animals may receive no notice at all (by‑law 40(3)), increasing the risk of loss.
Council discretion on registration refusals and premises security: The Council may refuse registration if premises are not secured to a degree satisfactory to Council (by‑law 9(4)(e)). That is a subjective standard, potentially requiring owners to invest in fencing or other works to secure premises to the Council's satisfaction. The Council must give reasons for refusal (by‑law 9(6)), but the initial discretion can create uncertainty and costs.
Infringement notice overlaps with prosecutions: Part 3 does not preclude court proceedings where an infringement notice has been given unless matter is expiated; multiple infringement notices for the same offence are permitted, and the person may expiate by paying any one prescribed amount (by‑law 49). This can create traps where owners receive an infringement notice but later face prosecution.
Evidence from registers: Extracts signed by the CEO are evidence of register entries unless the court orders otherwise (by‑law 6). This evidentiary convenience can be decisive in prosecutions, but where registers contain errors owners must act promptly to correct entries.
Exemptions and special events: Assistance dogs are exempt from certain provisions (by‑law 8), and the Council can exempt persons or bodies for events or activities (by‑law 53). Reliance on such exemptions requires proactive application or written notice from the Council; informal assumptions of exemption can be risky.
Fee recovery and debt exposure: Release fees, treatment costs and unpaid fines are recoverable as debts to the Council (by‑laws 41(4), 42(10)). Payment mechanics (electronic or cheque) are spelled out (by‑law 47), and the infringement notice links into the Fines and Penalties (Recovery) Act machinery. Owners who ignore notices risk debt recovery processes.

These "gotchas" stem from precise technical obligations, tight administrative timelines, strict liability formulations, and multiple discretionary Council powers. For each risk the By‑laws mostly supply procedural protections such as requirements to publish reasons and invitation to show cause, but those protections are constrained by short statutory timeframes.

Compliance requires operational discipline by owners, occupiers and Council officers. The following is a practical checklist mapped to specific by‑laws.

For dog owners and occupiers

Register promptly and renew annually
- Apply for registration if you keep a dog within the Council area (by‑law 9(1)). There is an application fee (by‑law 9(2)). Registration expires after 12 months and may be renewed annually as determined by Council (by‑law 9(8)). Note the unregistered dog offence applies if a dog is unregistered for a continuous period of 3 months or longer (by‑law 11(1)); plan to register within that window.
Maintain identification devices and microchip standards
- Ensure you receive and affix the dog‑tag issued on registration, and display it on the dog’s collar while registration remains in force, unless the CEO exempts you (by‑law 10(1), (3)). If Council requires microchipping, use devices compliant with AS 5018 and AS 5019 (by‑law 10(3)(a)-(b)). Avoid removal of identification devices, which is an offence (by‑law 28).
Containment and supervision
- Keep dogs properly contained on the premises using a secure fence, enclosure or appropriate confinement (by‑law 27(1)-(2)). When off premises ensure dogs are under effective control: on a leash no longer than 3 metres held by a competent person over 12 years of age, enclosed in a vehicle so no part projects, or in a dog exercise area compliant with its conditions (by‑law 31(4)).
Manage transfers and address changes
- Notify the CEO within 14 days of any transfer of ownership with the required details (by‑law 13(1)). Notify the CEO within 14 days of any change of address (by‑law 14(1)). Both are strict liability offences if not complied with (by‑laws 13(2), 14(2)), so diarise notifications.
Understand dangerous dog rules
- If your dog is declared dangerous, comply with containment duties appropriate to the danger, erect required signage visible from the front boundary, muzzle and leash the dog when off premises with a competent adult handler, notify the Council within 24 hours of certain events (attacks, missing, relocation over 14 days, death) and inform prospective purchasers that the dog is declared dangerous (by‑law 23). Keep records of notifications.
Respond to impounding and infringement notices
- If a dog is impounded, provide registration proof and authorised release instructions, and pay release and any outstanding infringement amounts to retrieve the dog (by‑law 41). If you receive an infringement notice, act within 28 days to expiate by payment or file an election under the Fines and Penalties (Recovery) Act to have the matter dealt with by a court (by‑law 46(2)).
Keep records and evidence
- Retain documentation of registration, microchip implant certificates that note compliance with AS standards, transfer records and notifications to the CEO. These aid defence against strict liability offences and are useful if a show‑cause process is initiated by the Council.

For Council officers and authorised persons

Maintain registers and publish determinations
- Keep registers as determined by Council, which must include registered dogs, licences and records of offences and paid infringements (by‑law 4(1), (3)). Publish Council resolutions and determinations under the By‑laws on the Council website (by‑law 5). Ensure registers can be produced and extracts signed by the CEO for evidentiary use (by‑law 6).
Observe statutory timeframes and reasons
- Decide on registration and licence applications within 14 days, and provide written reasons where registration or licences are refused or made subject to conditions (by‑laws 9(3), 9(6), 16(3), 16(7)). When proposing cancellation, variation or suspension for cause, give written notice specifying proposed action and reasons and allow 14 days to show cause (by‑law 19(1)-(2)), then notify the person of the decision (by‑law 19(3)). Notices of cancellation take effect 14 days after given (by‑law 20).
Follow procedural checks before seizure or destruction
- Use the powers in by‑law 38 to seize only in the circumstances stated. Deliver seized dogs to a pound as soon as practicable or return to owner. Destroy seized dogs only where conditions in by‑law 38(3) are met. For pound operations comply with notice, isolation and treatment requirements under by‑laws 40-43, including deferral of destruction where an infringement notice has been issued or an investigation is underway (by‑law 43(3)-(4)).
Issue and manage infringement notices properly
- Ensure infringement notices include required particulars and specify the enforcement agency under the Fines and Penalties (Recovery) Act (by‑law 46). Provide the statement of election form and explain how to expiate within 28 days (by‑law 46(2)). Consider withdrawal within 28 days if appropriate (by‑law 48).
Apply technical and health standards
- Where microchipping is required, ensure the microchip meets AS 5018 and AS 5019 (by‑law 10(3)). For destruction ensure personnel and methods meet the Australian Veterinary Association standards and that a veterinarian or suitably qualified person conducts euthanasia where required (by‑law 43(5)).
Use discretionary powers consistently and record reasons
- When exercising discretionary powers to refuse registration on discretionary grounds (for example premises not secured to satisfactory degree) or to declare dog restriction/exercise areas, follow the procedural steps in by‑laws 25 and 26 (28 days public notice and consideration of responses), and record reasons for decisions and conditions on licences or registrations for transparency and defensibility.

Operational recommendations

Create checklists and templates for registration and licence processing to meet 14‑day deadlines and to supply written reasons where needed.
Maintain a public page with current dog exercise and restriction areas and explanatory material about registration, microchipping standards and how to respond to infringements, to reduce disputes and compliance friction.
Train authorised persons on seizure thresholds, humane destruction criteria and evidence collection, and ensure chain of custody for impounded dogs is properly recorded.
Ensure pound procedures for identification, notification and release adhere to the statutory thresholds to prevent wrongful disposal claims.

Following these steps maps statutory obligations into operational practices that reduce the risk of infringement, seizure and dispute under the By‑laws.

WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019

Plain English Summary

Deep Dive

What it does

Current sections

WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019

Source text: opening excerpt

1 WAGAIT SHIRE COUNCIL (DOG MANAGEMENT) BY-LAWS 2019

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply