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reg 3

Interpretation

In force
Part 1Preliminary

3 Interpretation

(1)

In these By‑laws, unless the contrary intention appears:

abandon, in relation to a dog, includes leaving the dog at premises or failing to obtain the release of the dog from a pound.

approved means approved by the Council by resolution.

Council means the Mataranka Community Government Council.

determined by the Council means determined by the Council by resolution.

dog means an animal of the genus Canis.

dog exercise area means a dog exercise area declared under by‑law 19.

dog restriction area means a dog restriction area declared under by‑law 19.

dog‑tag means a dog‑tag issued under by‑law 11.

guide dog means a dog trained by a guide dog training institution recognised by the Guide Dogs for the Blind Association of South Australia and the Northern Territory Incorporated and used as a guide by a person who is wholly or partially blind.

identification device means a device or mark used for identifying an animal registered under these By‑laws and includes a dog‑tag, permanent electronic subcutaneous implant, tattoo or other approved device or mark.

licence means a licence granted or renewed under these By‑laws.

menace, in relation to the actions of a dog, means an action that creates a reasonable apprehension in a person that the dog is likely to attack the person or an animal owned or in the control of the person, and includes a reasonable apprehension that the dog may escape, or be released from restraint, to attack the person or animal.

Mataranka means the Mataranka community government area as described in clause 3 of the Mataranka Community Government Scheme.

permanent electronic subcutaneous implant means an electronic device that can be implanted into the tissue of a dog for the purposes of identification.

pound means a pound established under by‑law 36(1)(a) or premises referred to in by‑law 36(1)(b).

pound manager means a pound manager appointed under by‑law 36(2).

premises includes land and buildings.

public place means a place open to or used by the public or to which the public is permitted to have access, whether on payment of a fee or otherwise, and includes a road.

register means the register kept under by‑law 7.

registered means registered under these By‑laws.

registered owner, in relation to a dog, means the person appearing in the register as the owner of the dog.

Registrar means the Registrar appointed under by‑law 6.

Repealed Act has the same meaning as in the Dog Act Repeal Act 1991.

veterinarian means a registered veterinarian within the meaning of the Veterinarians Act 1994.

(2) Unless the contrary intention appears, a reference in these By‑laws to the owner of a dog (other than to the registered owner) includes:

(a)

the person for the time being under whose control the dog is;

(b) the occupier of premises or a part of premises where the dog is usually kept; and

(c) where the owner has not attained the age of 17 years, a parent or guardian of the owner,

but does not include a person controlling or keeping a dog under Part 4 Division 2 or 3.

(3) A reference in these By‑laws to a dog at large is a reference to a dog, other than a dog in the custody of an authorized person or in a pound, in a place other than premises owned or occupied by the owner of the dog.

(4) For the purposes of these By‑laws, a dog is under effective control if the dog is:

(a) restrained by a leash, cord, chain or similar device, not longer than 2.5 m in length, held by a person who is competent to restrain the dog;

(b) enclosed in a vehicle in such a manner that no part of the dog is projecting from the vehicle; or

(c) in a dog exercise area in accordance with the conditions, if any, to which use of the area is subject and the dog is not a female dog in oestrus.

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