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DOG AND CAT MANAGEMENT ACT 1995 - SECT 43

DOG AND CAT MANAGEMENT ACT 1995 - SECT 43

43—Dogs not to be allowed to wander at large

        (1)         A person who owns or is responsible for the control of a dog is guilty of an offence if the dog is wandering at large.

Maximum penalty:

            (a)         if the dog is a dangerous dog or a dog of a prescribed breed—

                  (i)         for a first offence—$5 000;

                  (ii)         for a subsequent offence—$10 000;

            (b)         in any other case—$2 500.

Expiation fee:

            (a)         if the dog is a dangerous dog or a dog of a prescribed breed—$750;

            (b)         in any other case—$210.

        (2)         It is a defence to a charge of an offence against this section if it is proved that the defendant had taken all reasonable steps to prevent the dog from wandering at large.

        (3)         If a person is found guilty of, or expiates, a subsequent offence, the court should, unless it is of the opinion that the circumstances of the particular case are exceptional, make one or more of the following orders in addition to imposing the penalty:

            (a)         that the dog be disposed of in a specified manner within a specified period;

            (b)         that the order for disposal be remitted in specified circumstances;

            (c)         any other order (including an order as to costs and for compensation) that the court thinks fit.