Dogs attacking or menacing persons or animals
37 Dogs attacking or menacing persons or animals
An owner of a dog must ensure that the dog does not:
menace a person or animal; or
attack a person or animal.
(2) An owner of a dog commits an offence if the owner fails to comply with clause (1).
Maximum penalty: 20 penalty units.
An offence against clause (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against clause (2) if the defendant establishes any of the following:
(a) another person had, without the defendant's permission, enticed the dog to menace or attack the person or animal;
(b) the animal menaced or attacked was menaced or attacked on premises owned or occupied by the defendant;
(c) the person menaced or attacked was menaced or attacked on premises owned or occupied by the defendant, and the person:
(i) was not proceeding by the shortest practical route from a boundary of the premises to the door of the premises closest to the boundary or from the door to the boundary; or
was on the premises for an unlawful purpose.
(5) If a court finds a person guilty of an offence against clause (2), the court may make one or both of the following orders:
(a) order the person to pay the costs and expenses of, and incidental to, the impounding of the dog;
(b) order the destruction of the dog in addition to, or instead of, the penalty for that offence.
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