Dangerous dog attacks or harasses person or animal
50A Dangerous dog attacks or harasses person or animal
A person commits an offence if—
the person is the keeper of a dangerous dog; and
the person does or omits to do something; and
the act or omission results in the dog attacking or harassing another person or animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
A person commits an offence if—
the person is a keeper of a dangerous 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: 500 penalty units, imprisonment for 5 years 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.
The defendant has a legal burden in relation to the matters mentioned in s (3) (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.
This Act’s bill:Explanatory statementSecond reading speech
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