Failure to exercise dog

In force

(1)

A person in charge of a dog commits an offence if—

(a)

the dog is confined so that it cannot exercise for a continuous period of 24 hours; and

(b)

the dog is not exercised, or allowed to exercise itself, for—

(i)

the next 2 hours; or

(ii)

the next 1 hour and for another hour in the next 24 hour period.

Maximum penalty: 25 penalty units.

(2)

In deciding if a dog is confined so that it cannot exercise, regard must be had to the dog’s age, physical condition and size.

(3)

Subsection (1) does not apply if—

(a)

the dog is kept in a yard or residence in a way that it can move freely; or

(b)

the dog needs to be confined for the dog’s welfare.

Example—par (b) a dog needs to be confined, on veterinary advice, after a surgical procedure

Note

The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

(4)

An offence against this section is a strict liability offence.

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