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DOG AND CAT MANAGEMENT ACT 1995 - SECT 55

DOG AND CAT MANAGEMENT ACT 1995 - SECT 55

55—Contravention of order

        (1)         If an order under this Division is contravened, any person who owns or is responsible for the control of the dog is guilty of an offence.

Maximum penalty:

            (a)         in the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$10 000;

            (b)         in the case of a contravention of a Control (Nuisance Dog) Order—$5 000;

            (c)         in the case of a contravention of a Control (Barking Dog) Order—$2 500.

Expiation fee:

            (a)         in the case of a contravention of a Destruction order, a Control (Dangerous Dog) Order or a Control (Menacing Dog) Order—$750;

            (b)         in any other case—$500.

        (2)         It is a defence to a charge of an offence against this section if it is proved that the defendant was not, at the time of the alleged offence, aware that the order was in force.

        (3)         If an order under this Division is contravened, an authorised person may take reasonable steps to give effect to the order and the cost of that action may be recovered as a debt from a person who owns or is responsible for the control of the dog.