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