Domestic Animals Act 2000

A person commits an offence if—

the person is the carer for a dog; and

the dog attacks or harasses another person or animal.

A person commits an offence if—

the person is the keeper of a dog; and

the dog attacks or harasses another person or animal.

An offence against this section is a strict liability offence.

It is a defence to a prosecution for an offence against this section if the defendant proves that—

the person or animal provoked the dog; or

the person or animal was attacked or harassed because the dog came to the aid of a person or animal the dog could be expected to protect; or

if the attack or harassment was on premises occupied by the defendant—the person or animal was on the premises without lawful excuse.

Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—

the defendant asked or told another person to be the carer for the dog; and

that person was, at the time of the offence, the carer for the dog; and

the defendant had taken reasonable measures to ensure that the carer was able to exercise responsible dog management, care and control of the dog.

The defendant has a legal burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 59).

If a person is convicted or found guilty of an offence against this section, the court may—

order that the dog be destroyed; or

make any other order the court considers necessary to ensure the safety of the public and other animals.