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.