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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.]