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.