Dogs in public places must be controlled
44 Dogs in public places must be controlled
A person commits an offence if—
the person is the keeper or carer of a dog; and
the person is with the dog in a public place; and
the dog is not restrained by a leash.
Maximum penalty: 15 penalty units.
A person commits an offence if—
the person is the keeper or carer of a dog; and
the person is with the dog in a public place; and
the dog is not under the effective control of the person.
Maximum penalty: 15 penalty units.
The keeper of a dog commits an offence if the dog—
is in a public place; and
is not with a carer.
Maximum penalty: 15 penalty units.
An offence against this section is a strict liability offence.
Subsection (1) does not apply to a dog that is under the control of a person and is—
in an exercise area declared under section 40 (Declaration—exercise areas); or
a working dog working livestock; or
taking part in—
a dog show, field trial or obedience trial; or
a dramatic performance or other entertainment.
In a prosecution for an offence against subsection (3), it is a defence if the defendant proves that the defendant took reasonable steps to prevent a contravention of the subsection.
For this Act, a dog is under the effective control of a person if the person can prevent the dog from approaching other animals or people by—
use of a leash; or
holding or confining the dog; or
the dog—
being in sight of the person; and
responding to and following the person’s commands.
Example
Pete is walking his large dog, Reggie, on a leash. However, Pete is not strong enough to stop Reggie pulling and approaching other dogs. Reggie is not under the effective control of Pete.
This Act’s bill:Explanatory statementSecond reading speech
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