DOG ACT 1976 - SECT 33B

DOG ACT 1976 - SECT 33B

33B .         Defences applicable to offences under this Division

                It is a defence to a charge of an offence under section 30(2), 31(3), 32(4) or 33A(3) if the person charged satisfies the court —

            (a)         in the case of any person, that he took all reasonable precautions and exercised all due diligence to avoid the contravention; or

            (b)         in the case of the occupier of premises where the dog is ordinarily kept or ordinarily permitted to live, that —

                  (i)         he has fulfilled the requirements of paragraph (a); or

                  (ii)         that at the material time the dog was in fact owned by some other person (whom he shall identify) over the age of 18 years;

                or

            (c)         in the case of the owner or the registered owner, that —

                  (i)         he fulfilled the requirements of paragraph (a); or

                  (ii)         that at the material time the dog was in the possession or control of some other person without his consent, express or implied.

        [Section 33B inserted: No. 23 of 1987 s. 27; amended: No. 18 of 2013 s. 32; No. 29 of 2021 s. 5.]