Dog Control Act 2000

Dog Control Act 2000

This Act may be cited as the Dog Control Act 2000.

This Act commences on a day to be proclaimed.

In this Act –

animal means any live vertebrate animal other than a human being;

appropriate fee, in relation to a fee, means a fee determined by the council under section 80;

approved means approved by the Director;

at large means at large as referred to in section 5;

attack includes bite, menace or harass;

authorised person means – a police officer; or a general manager; or a person appointed by a general manager to be an authorised person; or a person who is a ranger under the Nature Conservation Act 2002; or a person who is a ranger under the National Parks and Reserves Management Act 2002; or a person appointed as a bailiff of Crown lands under the Crown Lands Act 1976;

built-up area means an area in which – there are buildings on land next to the road; and there is street lighting at intervals not over 100 metres for a distance of at least 500 metres or, if the road is shorter than 500 metres, for the whole road;

collar means a collar of leather or other durable material;

complaint means a complaint referred to in section 47;

dangerous dog means a dog declared to be dangerous under section 29 or 30;

declared area means an area declared under Division 2 of Part 3;

de-sex means to render permanently incapable of reproduction;

Director means the Director of Local Government;

dog means an animal of the species Canis familiaris or Canis familiaris dingo;

effective control means – in the case of a dog that is not a greyhound, dangerous dog or restricted breed dog, effective control as referred to in section 4; and in the case of a greyhound, effective control as referred to in section 18; and in the case of a dangerous dog or restricted breed dog, effective control as referred to in section 32;

exercise area means an area declared under section 20;

general manager means the general manager of a council appointed under the Local Government Act 1993;

guard dog means a dog used to guard premises that are not residential premises;

guide dog means – a guide dog as defined by the Guide Dogs and Hearing Dogs Act 1967; or a dog training to be a guide dog;

hearing dog means – a hearing dog as defined by the Guide Dogs and Hearing Dogs Act 1967; and a dog training to be a hearing dog;

hunting dog means a dog used principally for hunting;

infringement notice means a notice referred to in Division 2 of Part 4;

laceration means a wound caused by – the tearing of body tissue; or multiple punctures caused by more than one bite from a dog;

lead means a lead, leash, cord or chain of sufficient strength to restrain a dog;

licence means a licence to keep on premises – more than 2 dogs over the age of 6 months; or more than 4 working dogs over the age of 6 months;

microchip number, in relation to a dog, means the unique identifying number associated with an approved microchip implanted in the dog;

occupier, in relation to premises, includes a person who has, or is entitled to, possession or control of the premises;

owner of a dog means a person referred to in section 6;

pound means a pound established under the Local Government Act 1993;

premises includes land or any part of any premises or land and includes private premises and a public place;

private premises means premises that are not a public place;

prohibited area means an area declared under section 22;

public notice means a notice published in a daily newspaper;

public place means – a public place as defined by the Police Offences Act 1935; and a road; and a road-related area;

register means a register kept under section 15;

registered dog means a dog registered under this Act;

registration disc means a disc or tag referred to in section 10(1);

residential premises means any premises lawfully used as a residence;

restricted area means an area declared under section 23;

restricted breed dog means a dog declared to be a restricted breed dog under section 29A;

road means – an area that is developed for, or has as one of its main uses, the driving or riding of motor vehicles and is open to, or used by, the public; and a part of the kerb; and an unsealed part of a sealed road;

road-related area means – an area that divides a road; or a footpath or nature strip adjacent to a road; or a footpath or track that – is not a road; and is designed for use by cyclists or pedestrians; and is open to the public;

serious injury means – an injury requiring medical or veterinary attention in the nature of – a broken bone; or a laceration; or a partial or total loss of sensation or function in a part of the body; or an injury requiring medical or cosmetic surgery;

shopping centre means a collection of shops in an enclosed area covered by a roof or forming a courtyard or square, excluding any area provided for the parking of vehicles;

training area means an area declared under section 21;

tranquilliser device means any device that inserts a measured dosage of tranquillising drug into the body of an animal;

trialling means – agility trialling, endurance trialling, herding trialling, lure coursing trialling, obedience trialling, retrieving trialling and tracking trialling; and any other event in which dogs, and persons in charge of those dogs, are engaged in competition in respect of dog behaviours;

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1987;

working day means a day on which the public office of a council is open for business;

working dog means a dog used principally for – droving or tending livestock; or detecting illegal substances; or searching, tracking or rescuing; or working with police officers.

A dog, other than a greyhound, a dangerous dog or a restricted breed dog, is under the effective control of a person in a public place if the dog is – on a road or road-related area in a built-up area, or any other public place declared under Division 2 of Part 3 to be an area where a dog must be on a lead, and the dog is secured and restrained by means of a lead not more than 2 metres long held by hand by a person able to control the dog; or tethered to a fixed object by a lead not more than 2 metres long for a period not more than 30 minutes.

A dog, other than a greyhound, a dangerous dog or a restricted breed dog, is under the effective control of a person while not on a lead if the dog is – a working dog engaged in working; or a hunting dog engaged in hunting; or engaged in racing or showing; or engaged in trialling; or engaged in training for any activity referred to in paragraph (a), (b), (c) or (d); or engaged in training in a training area.

In an area where a dog is not required to be on a lead, a dog, other than a greyhound, a dangerous dog or a restricted breed dog, is under the effective control of a person if – it is in close proximity to the person; and it is in sight of the person; and the person is able to demonstrate to the satisfaction of an authorised person that the dog is immediately responsive to the person's commands.

A dog, other than a greyhound, a dangerous dog or a restricted breed dog, is under the effective control of a person on private premises if the dog is securely confined to those premises.

A person, at any one time, must not have in his or her charge more than – 2 dogs, that are not greyhounds, dangerous dogs or restricted breed dogs, on a lead on a footpath; or 4 dogs, that are not greyhounds, dangerous dogs or restricted breed dogs, in a public place. Fine not exceeding 5 penalty units.

A dog is at large if it is –

in a public place and it is not under the effective control of a person; or without the consent of the occupier, in or on a public place that is occupied or private premises that are occupied.

The person who is the owner of a dog is –

in the case of a registered dog, the person in whose name the dog is registered; or in the case of an unregistered dog, the person who ordinarily keeps the dog; or in the case of a child's pet, the child's parent or guardian.

A council is to develop, make and implement a policy relating to dog management in its municipal area.

A dog management policy is to include the following:a code relating to responsible ownership of dogs; the policy in relation to declarations made, or to be made, under Division 2 of Part 3; a fee structure; any other relevant matter.

A council is to – invite public submissions relating to a proposed dog management policy or an amendment of the policy; and consult with any appropriate body or organisation; and consider any submissions and results of any consultation before making the policy or the amendment.

A council is to review its dog management policy at least once every 5 years.

In reviewing its dog management policy, a council is to take the actions referred to in subsection (3).

The owner of a dog that is over the age of 6 months must register the dog. Fine not exceeding 5 penalty units.

A person must not conceal, or dispose of, a dog to evade registration of the dog. Fine not exceeding 5 penalty units.

The owner of a dog required to be registered is to apply for registration to the general manager of the council in the municipal area in which – the owner resides; or if the dog is a guard dog, the premises guarded by the dog are situated.

An application for registration is to – be in an approved form; and be accompanied by the appropriate registration fee; and include the microchip number of the dog.

On the registration of a dog, the general manager is to – allocate a registration number to the dog; and issue to the owner a disc or tag clearly and durably marked with – the name of the council; and the registration number of the dog; and the expiry date of registration.

A registration disc is valid until the expiry date marked on the registration disc.

A person must not – use a registration disc that is not valid; or use a registration disc issued for another dog; or counterfeit a registration disc or knowingly use a counterfeit registration disc; or remove a registration disc from a dog without just cause. Fine not exceeding 3 penalty units.

The owner or person in charge of a dog, other than a guide dog or hearing dog, must ensure that the dog, while in a public place, has a collar fastened around its neck to which is attached the dog's registration disc. Fine not exceeding 1 penalty unit.

This section does not apply to – a working dog engaged in working; or a hunting dog engaged in hunting; or a dog engaged in racing; or a dog engaged in showing; or a dog engaged in trialling; or a dog engaged in training for any activity referred to in paragraph (a), (b), (c), (d) or (e).

The owner or person in charge of a guide dog or a hearing dog must ensure that the dog, while in a public place, has its registration disc attached to its collar, lead or harness. Fine not exceeding 1 penalty unit.

A person, without just cause, must not remove a collar from a dog that is in a public place. Fine not exceeding 2 penalty units.