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DOG (AMENDMENT) BILL 1993
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill
introduced into Parliament)
The Crimes (Dogs) Amendment Bill 1993 is cognate with this Bill.
The object of this Bill is to amend the Dog Act 1966 to provide further measures to
control dogs.
The Bill:
provides for the declaration of certain dogs as dangerous by a local council or a
Local Court; and
sets out the responsibilities of owners of dogs that are declared to be
dangerous; and
widens the powers of a Local Court in various proceedings under the Act to
make orders to control dogs (including an order that a dog be destroyed); and
enables certain other Courts to order, in specified circumstances, that a dog be
destroyed; and
enables a Court in certain circumstances to disqualify a person from owning a
dog; and
increases monetary penalties imposed for offences under the Act; and
makes miscellaneous amendments of a minor nature.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to
be appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedules containing
amendments to the Dog Act 1966.
SCHEDULE 1--AMENDMENTS RELATING TO THE CONTROL OF
DANGEROUS DOGS
Schedule 1 (5) inserts new Divisions 25 in Part 2.
Power of councils to declare dogs dangerous
Proposed Division 2 (Power of councils to declare dogs dangerous) will allow a
council to declare a dog to be dangerous. A
may be made on a number of
grounds (e.g. the dog has previously attacked a person or an animal without provocation
as defined for the purposes of the Act).
The owner of the dog will be entitled to lodge an objection with the council that
proposes to make the declaration and may appeal to a Local Court against the making of
such a declaration.
A council may revoke a declaration made by it on the application of the owner
concerned. The owner may appeal to a Local Court against the refusal of the council to
revoke the declaration.
On appeal, a Local Court may confirm the decision of the council or revoke the
declaration.
Power of Local Court to declare dogs dangerous
Proposed Division 3 (Power of Local Court to declare dogs dangerous) will enable a
Local Court in certain proceedings under the Act to declare a dog to be dangerous. A
Local Court will be able to revoke a declaration made by it on the application of the
owner of the dog concerned.
Orders for the control or
of dangerous dogs etc.
Proposed Division 4
and control orders) will extend the circumstances
in which a Local Court can make certain orders to control a dog. At present, a Local
Court may make an order for the destruction of a dog, or to control a dog, in limited
circumstances (e.g. the owner has been convicted of an offence under section 6 which
deals with dogs attacking or injuring persons or animals). The proposed Division
enables the Court, for example, to make a destruction order if the owner of a, dog
declared to be dangerous does not comply with an obligation imposed on the owner to
control the dog.
The proposed Division will also enable a Court that deals on indictment with an
offence under section 35A of the Crimes Act 1900 relating to certain attacks on persons
by dogs (as proposed to be inserted by the Crimes (Dogs) Amendment Bill 1993) to
make an order for the destruction of the dog concerned in certain circumstances.
An owner who does not comply with a destruction or control order will be guilty of
an offence and liable to a maximum penalty of 10 penalty units (currently $1,000).
Responsibilities of owners of dangerous dogs
Proposed Division 5 (Responsibilities of owners of dangerous dogs) will provide that
the owner of a dog in respect of which there is a declaration in force must comply with
certain requirements to keep the dog under control (e.g. the dog must be restrained at the
place where the dog is ordinarily kept to prevent it from attacking any person or another
animal). The owner of such a dog who does not comply with those control requirements
will be guilty of an offence and liable to a maximum penalty of 10 penalty units
(currently $1,000).
Proposed section 9U makes it clear that a person may be convicted of only one
offence under certain provisions of the Act and proposed section 9T (which imposes
requirements relating to the control of dangerous dogs) even though the circumstances
would otherwise expose the person to conviction for more than one offence.
Proposed section 9V ensures that in the event of an inconsistency between proposed
section 9T and the provisions of any agreement, covenant or instrument, proposed
section 9T will prevail to the extent of the inconsistency.
Proposed section 9W provides that the mere fact that a dog has been declared to be
dangerous does not affect the civil liability of the owner of the dog in any proceedings
(other than those under the Act).
Definition of provocation
Schedule 1 (1) inserts a definition of "provocation" for the purposes of the Act. A
dog may be provoked by a person or by an animal.
Provocation of a dog by a person will include teasing, tormenting or abusing the dog,
any act of cruelty towards the dog, entry (without lawful excuse) on any land, vehicle or
premises of which the owner of the dog is an occupier or on which the dog is ordinarily
kept or attacking the owner of the dog, or any person towards whom the dog could
reasonably be expected to be protective, in front of the dog.
Provocation of a dog by an animal will include an attack on the dog made by the
other animal or the entry of the other animal on any land, vehicle or premises of which
the owner of the dog is an occupier or on which the dog is ordinarily kept.
Consequently, a dog will not be able to be declared dangerous if the dog attacked a
person who, without lawful excuse, entered premises occupied by the owner of the dog.
Consequential amendments are made as a result of the insertion of the definition
(Schedule 1 (4) (a), (8) and (9) (b)) and the insertion of Divisions 2-5 of Part 2
(Schedule 1 (2), (4) (b), (6), (9) (a) and (10)).
Offences relating to the registration of dogs
Schedule 1 (3) will amend section 5. Schedule 1 (3) (b) will require the owner of a
dog declared to be dangerous to register the dog irrespective of its age (currently the
owner of a dog is not required to register the dog if it is less than 6 months old). Item
(3) (a) is consequential on this amendment.
Schedule 1 (3) (c) will provide that the owner of a dog declared to be dangerous who
fails to register the dog is liable to a maximum penalty of 10 penalty units (currently
$1,000). The amendment will also provide that the maximum penalty for any other
offence under the section is 5 penalty units (currently $500).
Offences relating to attacks by dangerous dogs
Currently the owner of a dog is not guilty of an offence under section 6 of the Act if
the owner's dog attacks a person or an animal on any land, vehicle or premises occupied
by the owner or on which the dog is ordinarily kept. Also, the owner is not liable in
damages for any injury to a person or another animal, or for any damage to the clothing
of a person, caused by the dog on such land, vehicle or premises (sections 20 and 20B).
Schedule 1 (4) (a), 8 and 9 (b) will amend sections 6, 20 and 20B to extend the
criminal and civil liability of the owner of a dog declared to be dangerous so that such
an owner will be guilty of an offence and liable in damages irrespective of the place
where the attack took place if the dog attacked without any intentional provocation
being offered.
The liability of the owner of a dog that is not declared to be dangerous remains
unchanged under sections 6, 20 and 20B.
Disqualification of persons from owning dog
Schedule 1 (7) will allow a Court, in certain circumstances, to disqualify a person
from owning a dog if the person is convicted of certain offences under the Act or the
Crimes Act 1900 or an order under section 556A of the Crimes Act 1900 is made in
respect of the person for any such offence (proposed section 19A). A person who does
not comply with a disqualification order will be guilty of an offence and liable to a
maximum penalty of 10 penalty units or 6 months' imprisonment or both (proposed
section 19B).
SCHEDULE 2--OTHER AMENDMENTS
Notes appearing in the Act
Schedule 2 (1) makes it clear that matter appearing under the heading "`NOTE" in
the Act will not form part of the Act.
Increases in monetary penalties
Schedule 2 (2) will amend section 6 (which provides that a dog owner is guilty of an
offence if the owner's dog attacks or injures a person or an animal in certain
circumstances) by increasing the maximum penalty for the offence to 10 penalty units
(currently $1,000).
Schedule 2 (3) and (4) will increase the maximum penalty to 5 penalty units
(currently $500) for certain offences under the Act (not involving an attack or injury
caused by a dog).
Registration of dogs
Schedule 2 (5) will amend section 14 to omit a reference to the registration fee for a
desexed dog and to provide that the regulations may provide for the period that the
registration of a dog is to be in force. A consequential amendment is made to section 27
by Schedule 2 (6) (a).
Schedule 2 (6) (b) will amend section 27 to enable offences to be created by the
regulations that carry a maximum penalty of 5 penalty units (currently $500).
Proof of registration of dog
Schedule 2 (7) will amend section 21 to facilitate proof of the registration of a dog in
any proceedings under the Act. At present, section 21 applies only to criminal
proceedings.
Statute law revision
Schedule 2 (8)(18) update references to police officers in the Act.