DOG ACT 1976 - SECT 33GE

DOG ACT 1976 - SECT 33GE

33GE .         Prohibition on transfer of ownership of dangerous dogs (declared) to persons under 18

        (1)         In this section —

        receiver means a person to whom —

            (a)         a dangerous dog (declared) is sold; or

            (b)         the ownership of a dangerous dog (declared) is otherwise transferred;

        relevant time means the time at which an offence under subsection (2) is alleged to have been committed.

        (2)         A person must not sell, or otherwise transfer the ownership of, a dangerous dog (declared) to a person who has not reached 18 years of age.

        Penalty: a fine of $10 000, but the minimum penalty is a fine of $500.

        (3)         It is a defence to a charge of an offence under subsection (2) if the person charged satisfies the court that —

            (a)         at or before the relevant time the receiver had produced to the person charged evidence that the receiver had reached 18 years of age; and

            (b)         at the relevant time the person charged had no reason to believe that the receiver had not reached 18 years of age.

        (4)         For the purposes of subsection (3)(a) the following documents can be used as evidence that a person has reached 18 years of age —

            (a)         a current passport;

            (b)         a current Australian driver’s licence;

            (c)         a prescribed document,

                that bears a photograph of the person and indicates by reference to the person’s date of birth or otherwise that the person has reached 18 years of age.

        [Section 33GE inserted: No. 18 of 2013 s. 36.]