(1) If a dog that is not under the effective control of a person on
private premises, or that is not under the effective control of a person in a
public place, rushes at or chases any person, the owner of the dog is guilty
of an offence. Penalty: Fine not exceeding 5 penalty units.
(2) If a dog that is not a dangerous dog or a restricted breed dog
attacks or bites any person or animal and the injuries caused by the dog to
the person or animal are not in the nature of a serious injury, the owner of
the dog is guilty of an offence. Penalty: Fine not exceeding 10
penalty units.
(3) If a dog that is not a dangerous dog or a restricted breed dog
attacks or bites any person and causes a serious injury to the person, the
owner of the dog is guilty of an offence. Penalty: Fine not
exceeding 30 penalty units.
(3A) If a dog that is not a dangerous dog or a restricted breed dog
attacks or bites any animal and causes a serious injury or death to the
animal, the owner of the dog is guilty of an offence. Penalty: Fine
not exceeding 20 penalty units.
(4) If a dangerous dog or a restricted breed dog, that is not a guard
dog being used to guard premises that are not residential premises, attacks or
bites any person or animal, the owner of the dog is guilty of an offence.
Penalty: Fine not exceeding 30 penalty units or imprisonment for a
term not exceeding one month, or both.
(5) If a dog attacks a person, the owner of the dog must notify the
council within 24 hours after the attack. Penalty: Fine not
exceeding 5 penalty units.
(6) In any proceedings under this section, it is not necessary to prove
that an actual injury was caused to a person in order to prove that the person
was rushed at, chased, attacked or bitten.
(7) It is a defence in proceedings for an offence under this section if
the defendant establishes that –
(a) the dog was being used in the reasonable defence of any person or
property; or
(b) the dog was being teased, abused or assaulted; or
(c) the dog was a working dog engaged in –
(i) working with police; or
(ii) droving or tending livestock; or
(d) the dog was a hunting dog engaged in hunting.
(8) If an owner of a dog is found guilty of an offence under this
section, the court may, in addition to any other order made by the court in
respect of the offence, order that the owner pay either or both of the
following:
(a) the reasonable costs incurred as a result of the collection or analysis of
a sample from a dog in accordance with section 19AA ;
(b) compensation for any damage caused or costs incurred as a result of the
conduct of the dog in relation to the commission of the offence.
(9) If the owner of a dog is found guilty of an offence under this
section, the court may order that the dog be destroyed.
(10) In this section – owner , in relation to a dog, means the
person who apparently has control of the dog at the relevant time.
