Dog attacks person or animal causing serious injury
50 Dog attacks person or animal causing serious injury
A person commits an offence if—
the person is the carer for a dog; and
the person does or omits to do something; and
the act or omission results in the dog attacking another person or animal; and
the attack causes serious injury to the other person or animal; and
the person intends the attack to cause, or is reckless or negligent about the attack causing, serious injury to the other person or animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
A person commits an offence if—
the person is the keeper of a dog; and
the person does or omits to do something; and
the act or omission results in the dog attacking another person or animal; and
the attack causes serious injury to the other person or animal; and
the person intends the attack to cause, or is reckless or negligent about the attack causing, serious injury to the other person or animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
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
the 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.
Examples—par (c)
telling the carer about the dog including about any control order or nuisance notice
ensuring the carer was experienced enough and physically able to manage, care and control the dog
ensuring the carer had a leash and secure premises for the dog
The defendant has a legal burden in relation to the matters mentioned in s (3) and s (4) (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.
This Act’s bill:Explanatory statementSecond reading speech
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