New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 16

16 Offences where dog attacks person or animal

(1) If a dog rushes at, attacks, bites, harasses or chases any person or animal (other than vermin), whether or not any injury is caused to the person or animal:

(a) the owner of the dog, or

(b) if the owner is not present at the time of the offence and another person who is of or above the age of 16 years is in charge of the dog at that time-that other person,

is guilty of an offence.

Maximum penalty:

(a) 50 penalty units except in the case of a dangerous or restricted dog, or

(b) 300 penalty units in the case of a dangerous or restricted dog.

(1A) The owner of a dangerous dog or a restricted dog is guilty of an offence if:

(a) the dog attacks or bites any person (whether or not any injury is caused to the person), and

(b) the incident occurs as a result of the owner’s failure to comply with any one or more of the requirements of section 51 or 56 (as the case requires) in relation to the dog.

Maximum penalty: 500 penalty units or imprisonment for 2 years, or both.

Note: Conviction for an offence under this subsection results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.

(2) It is not an offence under this section if the incident occurred:

(a) as a result of the dog being teased, mistreated, attacked or otherwise provoked, or

(b) as a result of the person or animal trespassing on the property on which the dog was being kept, or

(c) as a result of the dog acting in reasonable defence of a person or property, or

(d) in the course of lawful hunting, or

(e) in the course of the working of stock by the dog or the training of the dog in the working of stock.

(3) This section does not apply to a police dog.