Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where in the
opinion of the Minister any kind of dog, whether of a specific breed or of
mixed breeds, is a potential danger the Governor may, on the recommendation of
the Minister, make regulations for the purposes of this section.
(2) The provisions of
regulations made under this section shall apply to dogs only in the
circumstances, and at the time and place, specified therein.
(3) Regulations made
under this section in relation to a specified kind of dog
may —
(a)
require the sterilization of any such dog;
(b)
provide that dogs found in contravention of the regulations may be destroyed;
(c)
require that such dogs be kept chained or otherwise under restraint or in
effective confinement;
(d)
require that any such dog be marked for identification by the method known as
tattooing or in some other prescribed manner; or
(e)
impose conditions, restrictions or limitations upon the keeping of, or
relating to the custody and control of, any such dog.
(4) A person who
contravenes or fails to comply with any of the provisions of a regulation made
under this section, or the requirement of a local government made pursuant to
subsection (3)(e), commits an offence.
Penalty: $5 000.
(5) In any proceedings
under this Act any question as to whether or not the provisions of this
section apply to any dog by virtue of it being a dog of a specified kind shall
be determined by the person holding the office of Chief Veterinary Surgeon in
the Department of Agriculture but the examination of the dog may be made by a
person acting under his direction.
(6) The production of
a certificate purporting to be signed by the Chief Veterinary Surgeon with
respect to a determination made for the purposes of this Act shall, without
proof of the signature of the person appearing to have signed that certificate
or that he is the Chief Veterinary Surgeon, be sufficient evidence of the
breed or characteristics of the dog identified in that certificate and of the
matters relevant to those proceedings stated in the certificate unless the
accused, by not less than 3 days’ notice in writing delivered to
the prosecutor and by a like 3 days’ notice delivered to the Chief
Veterinary Surgeon requires the attendance of the Chief Veterinary Surgeon as
a witness.
[Section 53 amended by No. 23 of 1987
s. 43; No. 14 of 1996 s. 4; No. 24 of 1996 s. 16;
No. 84 of 2004 s. 80 and 82.]