Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Subject to
subsections (1a) and (3), if a dog is not registered under this Act, the
owner of the dog and the occupier of the premises where the dog is ordinarily
kept or ordinarily permitted to live each commits an offence.
Penalty: Where the dog is a dangerous dog,
$1 000; otherwise, $500.
(1a) It is a defence
for an occupier referred to in subsection (1) against whom proceedings
are brought for a contravention of that subsection to prove that a person over
the age of 18 (whom he shall identify) was the owner of the dog at the time of
the contravention.
(2) Where a person is
convicted of an offence against subsection (1) the court shall, in
addition to any penalty it may impose, order payment by that person of the
registration fee which should have been paid and the amount of that fee shall
be recoverable in the like manner as that in which the penalty for the offence
may be recovered.
(3) The provisions of
this section do not apply to —
(a) a
dog under the age of 3 months;
(aa) a
dog kept during any period allowed for the making of an application under
section 17 or until an application under that section is determined,
discontinued, or dismissed for want of prosecution, or during any period when
an order is suspended under section 17(3a);
(b) a
dog held in the custody of —
(i)
the Royal Society for the Prevention of Cruelty to
Animals (Inc.) of Western Australia;
(ii)
the Dogs Refuge Home (W.A.) Inc.; or
(iii)
any other prescribed body,
in a place maintained
for the purpose of finding dogs suitable homes;
(c) a
dog held in the custody of —
(i)
a registered veterinary surgeon, or a person acting on
his behalf, in the course of his professional practice; or
(ii)
a member of the Police Force or other person acting in
pursuance of a statutory duty or in the administration of this Act;
(d) a
pack of not less than 10 foxhounds bona fide kept together in kennel
exclusively for the purpose of hunting, and registered as a pack in lieu of
the separate registration of each hound; or
(e) a
dog kept in an approved kennel establishment licensed under section 27,
where the person by whom that licence is held has paid the prescribed
concessional fee applicable to the registration of dogs in that establishment
in lieu of a separate registration fee in respect of each such dog.
[Section 7 amended by No. 57 of 1977
s. 2; No. 23 of 1987 s. 7; No. 24 of 1996 s. 16; No.
55 of 2004 s. 252 and 268.]