DOG ACT 1976 - SECT 33D
DOG ACT 1976 - SECT 33D
33D . Dog attacks etc.
(1) If a dog attacks
or chases any person or animal and physical injury is caused to the person or
animal that is attacked or chased, every person liable for the control of the
dog commits an offence.
Penalty:
(a) for
an offence relating to a dangerous dog, a fine of $20 000, but the minimum
penalty is a fine of $1 000;
(b) for
an offence relating to a dog other than a dangerous dog, a fine of $10 000.
(2A) If a dog attacks
or chases any person or animal without causing physical injury to the person
or animal that is attacked or chased, every person liable for the control of
the dog commits an offence.
Penalty:
(a) for
an offence relating to a dangerous dog, a fine of $10 000, but the minimum
penalty is a fine of $500;
(b) for
an offence relating to a dog other than a dangerous dog, a fine of $3 000.
(2B) It is a defence
to a charge of an offence under subsection (1) or (2A) if the person charged
satisfies the court —
(a) in
the case of any person, that the dog was being used in good faith in the
reasonable defence of any person or property or for the droving or removal of
any animal found trespassing; or
(b) in
the case of the occupier of premises where the dog is ordinarily kept or
ordinarily permitted to live, that at the material time the dog was owned by
another person who had reached 18 years of age, and who is identified by the
person charged; or
(c) in
the case of the owner, that at the material time the dog was in the possession
or control of another person without the owner’s consent, express or
implied.
(2) A person shall not
set on or urge a dog to attack or chase any person or animal, whether or not
any injury is caused, except in good faith —
(a) in
the reasonable defence of any person or property; or
(b) for
the droving or removal of any animal if —
(i)
the owner or person in charge of the animal consents to
the droving or removal; or
(ii)
the animal is found trespassing.
Penalty:
(a) for
an offence relating to a dangerous dog, a fine of $20 000 and imprisonment for
2 years, but the minimum penalty is a fine of $1 000;
(b) for
an offence relating to a dog other than a dangerous dog, a fine of $10 000 and
imprisonment for 12 months.
(3) Nothing in this
section affects —
(a) the
duty that a person, who has a dog in the person’s charge or under the
person’s control, has under The Criminal Code section 266(2); or
(b) the
operation of The Criminal Code section 266(2) or Chapter XXVIII or XXIX, or
any other law in relation to the consequences of omitting to perform that
duty.
[Section 33D inserted: No. 23 of 1987 s. 27;
amended: No. 24 of 1996 s. 9 and 16; No. 18 of 2013 s. 33.]
[Heading inserted: No. 24 of 1996 s. 10.]