Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If a dog attacks
or chases any person, or any animal owned by or in the charge of another
person, whether or not any injury is caused, every person liable for the
control of the dog commits an offence —
(a) in
the case of any person, unless he satisfies the court 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;
(b) in
the case of the occupier of premises where the dog is ordinarily kept or
ordinarily permitted to live, unless he satisfies the court 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, unless he satisfies the court
that at the material time the dog was in the possession or control of some
other person without his consent, express or implied.
Penalty: $10 000.
(2) A person shall not
set on or urge a dog to attack or chase any person or any animal owned by or
in the charge of another person, 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: $10 000, or 12 months
imprisonment, or both.
[Section 33D inserted by No. 23 of 1987
s. 27; amended by No. 24 of 1996 s. 9 and 16.]
[Heading inserted by No. 24 of 1996
s. 10.]