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DOG AND CAT MANAGEMENT ACT 1995 - SECT 44

DOG AND CAT MANAGEMENT ACT 1995 - SECT 44

44—Dogs not to be allowed to attack etc

        (1)         A person who sets on or urges a dog to attack, harass or chase a person or an animal or bird owned by or in the charge of another person is guilty of an offence (whether or not actual injury is caused).

Maximum penalty: $10 000 or imprisonment for 2 years.

        (2)         A person who owns or is responsible for the control of a dog is guilty of an offence if the dog attacks, harasses or chases or otherwise endangers the health of a person or an animal or bird owned by or in the charge of another person (whether or not actual injury is caused).

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—$315.

        (3)         A person who is guilty of an offence against this section is guilty of an aggravated offence if the offence relates to a dog that is a dangerous dog or a dog of a prescribed breed and, on conviction, the person is liable to a monetary penalty not exceeding double the monetary penalty, or imprisonment for a term not exceeding double the term, that would otherwise apply under this section for that offence.

        (4)         It is a defence to a charge of an offence against this section if it is proved that the dog was at the time of the offence being genuinely used in the reasonable defence of a person or property, or for droving or removing an animal found trespassing.