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reg 30

Unregistered dogs

In force
Part 3Control of dogs
Division 6Offences

30 Unregistered dogs

(1)

A person commits an offence if:

(a)

the person keeps a dog within the corporation area; and

(b)

the dog is not registered.

Maximum penalty: 20 penalty units

(2)

An offence against clause (1) is an offence of strict liability.

(2A) The court may, in addition to any penalty imposed for the offence, impose a penalty not exceeding 1 penalty unit for each day during which the offence continues after the day the offence is committed.

(3) It is a defence to a prosecution for an offence against clause (1) if the defendant proves that the dog had not been usually kept in the corporation area for a period of 3 months or more immediately before the date of the alleged offence or for periods totalling 3 months during the 6 month period immediately before that date.

(4)

Clause (1) does not apply to:

(a)

a pound supervisor keeping a dog in a pound; or

(b) an approved incorporated body that provides animal welfare services; or

(c)

a veterinarian keeping a dog for the purposes of treatment; or

(d)

a dog under the age of 3 months.

(5) The burden of proof as to whether a dog is under the age of 3 months lies on the person averring the age of the dog.

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