Defences applicable to this Division
33L Defences applicable to this Division
It is a defence to a charge of an offence under this Division if the person charged satisfies the court —
in the case of any person (including a person referred to in paragraph (b), (c) or (d)), that the person took all reasonable precautions and exercised all due diligence to avoid the contravention; or
in the case of any person other than the owner of the dog to which the charge relates, that the person did not know and did not have reasonable cause to believe that the dog was a dangerous dog for the purposes of this Act; or
in the case of a person who is the occupier of premises where the dog to which the charge relates is ordinarily kept or ordinarily permitted to live, that at the material time the dog was owned by another person who had reached 18 years of age, and who is identified by the person charged; or
in the case of a person who is the owner of the dog to which the charge relates (the owner), that at the material time the dog was in the possession or control of another person without the owner’s consent, express or implied.
[Section 33L inserted: No. 18 of 2013 s. 42.]
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