Western Australian Consolidated Acts Western Australian Consolidated Acts It is a defence to a
charge of an offence of contravening section 30(1), 31(1), 32(1), 33(1)
or 33A(1) 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;
(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 by No. 23 of 1987
s. 27.]