DOG ACT 1976 - SECT 6
DOG ACT 1976 - SECT 6
6 . Application
(1) Subject to
subsection (4), the provisions of this Act apply generally to all dogs,
whether sterilised or unsterilised, and of whatever age.
(2) Subject to
subsection (3), this Act applies subject to the
Highways (Liability for Straying Animals) Act 1983 , so that, where a
provision of that Act is inconsistent with a provision of this Act, the
provision of that Act prevails and the provision of this Act is inoperative to
the extent of the inconsistency.
(3) Subsection (2)
does not prevent or in any way affect the liability of —
(a) the
owner; or
(b) a
person deemed under section 46(5) to be the owner,
of a dog in respect of
—
(c)
injury to any person or animal inflicted by the dog; or
(d)
damage to the clothing or other property of a person caused by the dog,
in the course of an
attack by that dog on a highway.
(4) The provisions of
this Act do not apply to or in relation to a dog that is kept for the purposes
of the Crown.
(5) Notwithstanding
anything in this Act or any other written law, a person who is a public
officer is not guilty of an offence by reason only that the person takes a dog
into a place in the performance of the person’s functions as a public
officer.
(6) In subsection (5)
—
public officer means —
(a) a
police officer; or
(b) a
prison officer as defined in the Prisons Act 1981 section 3(1); or
(c) a
contract worker as defined in the Prisons Act 1981 section 15A; or
(d) a
member of —
(i)
the armed forces of the Commonwealth; or
(ii)
the Australian Federal Police; or
(iii)
the Australian Quarantine and Inspection Service; or
(iv)
the Australian Customs Service;
or
(e) a
person of a prescribed class.
[Section 6 amended: No. 64 of 1983 s. 3; No. 23 of
1987 s. 6; No. 24 of 1996 s. 5; No. 10 of 1998 s. 29(2); No. 18 of 2013 s. 5.]