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DOG ACT 1976 - SECT 43

DOG ACT 1976 - SECT 43

43 .         Offences relating to enforcement etc.

        (1)         A person who —

            (a)         being the owner or occupier of any premises in relation to which a person authorised under this Act has exercised or is about to exercise any of his powers under this Act, fails to facilitate the carrying out by that person, or any assistant or interpreter acting on his behalf, of his duties under this Act; or

            (b)         impedes, delays or in any way obstructs a person authorised under this Act in the exercise of his powers or the carrying out of his duties under this Act; or

            (c)         fails without lawful excuse to produce any dog in his possession or control when required to do so by a person exercising a power under this Act, or fails to allow that person, on his producing the same, to make an examination thereof; or

            (d)         interferes with, releases, or removes from lawful custody any dog seized or detained under this Act, or damages or destroys any structure in which a dog is lawfully detained, or attempts to do any such act,

                commits an offence.

        Penalty:

            (a)         for an offence relating to a dangerous dog —

                  (i)         a fine of $10 000, but the minimum penalty is a fine of $500;

                  (ii)         for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $500;

            (b)         for an offence relating to a dog other than a dangerous dog, a fine of $5 000.

        (2)         A person who fails without lawful excuse to produce any certificate or other document issued to him pursuant to this Act when required to do so by a person exercising a power under this Act, or fails to allow that person, on his producing the same, to make an examination thereof, commits an offence.

        Penalty:

            (a)         for an offence relating to a dangerous dog —

                  (i)         a fine of $10 000, but the minimum penalty is a fine of $500;

                  (ii)         for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $500;

            (b)         for an offence relating to a dog other than a dangerous dog, a fine of $5 000.

        (3)         If a body corporate may be charged with an offence against this Act, any person who is concerned in or takes part in the management of that body corporate and who was, in any way, by act or omission, directly or indirectly, knowingly concerned in or party to the commission of the offence may also be charged with that offence.

        [Section 43 amended: No. 23 of 1987 s. 34; No. 24 of 1996 s. 13 and 16; No. 18 of 2013 s. 48.]