DOG ACT 1976 - SECT 7

DOG ACT 1976 - SECT 7

7 .         Dogs to be registered

        (1)         Subject to subsections (1a) and (3), if a dog is not registered under this Act or the law of another State or a Territory each of the following persons commits an offence —

            (a)         the owner of the dog;

            (b)         if the dog is ordinarily kept or permitted to live in or at premises in Western Australia, the occupier of the premises.

        Penalty:

            (a)         for an offence relating to a dangerous dog, a fine of $10 000;

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

        (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; or

            (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); or

            (b)         a dog held in the custody of —

                  (i)         the Royal Society for the Prevention of Cruelty to Animals (Inc.) of Western Australia; or

                  (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; or

            (c)         a dog held in the custody of —

                  (i)         a veterinarian, or a person acting on a veterinarian’s behalf, in the course of the veterinarian’s professional practice; or

                  (ii)         a police officer in the performance of the officer’s functions; or

                  (iii)         any other person in the performance of a function under this Act or any other written law;

                or

            (d)         a greyhound that is registered under the Racing and Wagering Western Australia Act 2003 section 41 while the registration is in effect.

        [Section 7 amended: 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; No. 18 of 2013 s. 6; No. 19 of 2021 s. 230(5).]