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This is a Bill, not an Act. For current law, see the Acts databases.
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Alistair Coe)
Contents
Page
2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Alistair Coe)
Domestic Animals (Dangerous Dogs) Legislation Amendment Bill 2017
A Bill for
An Act to amend legislation about dangerous dogs
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017
.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
This Act amends the
and the
.
Part 2 Domestic Animals Act 2000
4 Declarations—dangerous
dogs
New section 22 (1) (aa)
insert
(aa) the dog has attacked and caused injury to a person or serious injury to an animal; or
5 Dangerous dog
licences—applications
New section 24 (3)
insert
(3) An application in relation to a dangerous dog declared to be a dangerous dog under section 22 (1) (aa) or (b) or section 22 (2) must be accompanied by an application fee of—
(a) an amount equal to 10 times the application fee (if any) for the registration of a dog under section 6; or
(b) if the amount mentioned in paragraph (a) is less than $750—$750.
6 Special
licences—renewals
New section 32 (3)
insert
(3) An application for renewal of a dangerous dog licence for a dog declared to be a dangerous dog under section 22 (1) (aa) or (b) or section 22 (2) must be accompanied by a renewal fee of—
(a) an amount equal to 10 times the application fee (if any) for the registration of a dog under section 6; or
(b) if the amount mentioned in paragraph (a) is less than $750—$750.
7 Dog attacks person or animal causing
serious injury
Section 50 (5) and (6)
omit
8 Dangerous dog attacks or harasses
person or animal
Section 50A (4) to (6)
omit
insert
53A Complaints about attacking dogs—death or serious injury to person etc
(1) A person (the complainant) may complain in writing to the registrar about a dog if—
(a) the dog attacked the complainant, another person or an animal kept by the complainant; and
(b) the attack caused—
(i) the death of the other person; or
(ii) a serious injury to the complainant or other person; or
(iii) the death of the animal.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(2) The registrar must investigate the complaint unless satisfied that the complaint is frivolous or vexatious.
Note An authorised person must seize the dog if the registrar decides to investigate the complaint—see s 56A (1).
(3) If the registrar decides that the dog carried out the attack and the attack caused a circumstance mentioned in subsection (1) (b), the registrar must destroy the dog.
(4) However, the registrar may decide not to destroy the dog under subsection (3) if satisfied—
(a) the person or animal provoked the dog; or
(b) the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or
(c) if the attack was on premises occupied by the keeper of the dog—the person was on the premises without lawful excuse.
(5) The registrar must give written notice of the decision to the complainant and the keeper of the dog.
53B Complaints about attacking dogs—injury to person or serious injury to animal
(1) A person (the complainant) may complain in writing to the registrar about a dog if—
(a) the dog attacked the complainant, another person or an animal kept by the complainant; and
(b) the attack caused—
(i) an injury to the complainant or other person; or
(ii) a serious injury to the animal.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(2) The registrar must investigate the complaint unless satisfied that the complaint is frivolous or vexatious.
Note An authorised person must seize the dog if the registrar decides to investigate the complaint—see s 56A (1).
(3) If the registrar decides that the dog carried out the attack and the attack caused a circumstance mentioned in subsection (1) (b), the registrar—
(a) must issue a control order in relation to the keeper of the dog; and
(b) may destroy the dog.
Note 1 The registrar must declare a dog to be a dangerous dog if the dog attacked and caused injury to a person or serious injury to an animal—see s 22 (1) (aa).
Note 2 If a dog is seized and, after the seizure, the dog is declared to be a dangerous dog, the registrar must release the dog to a person claiming its release if satisfied that the person is its keeper and a dangerous dog licence is in force for the dog—see s 65.
Note 3 As a condition of the issue of a dangerous dog licence, the registrar can require the keeper of the dog and the dog complete an approved course in behavioural or socialisation training for the dog.
(4) However, the registrar may decide not to take action under subsection (3) if satisfied—
(a) the person or animal provoked the dog; or
(b) the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or
(c) if the attack was on premises occupied by the keeper of the dog—the person was on the premises without lawful excuse.
(5) The registrar must give written notice of the decision to—
(a) the complainant; and
(b) the keeper of the dog; and
(c) people occupying property adjacent or nearby to premises where the dog is kept.
(6) The notice must include details of the control order.
(7) In this section—
control order means an order imposing the following conditions on a dangerous dog licence:
(a) the property where the dog is kept under the licence has secure fencing to properly confine the dog to the premises;
(b) fencing at the property where the dog is kept under the licence must be inspected by the registrar every 6 months;
(c) the keeper and the dog must complete an approved course in behavioural or socialisation training for the dog;
(d) any other condition the registrar considers appropriate.
53C Complaints about harassing dogs
(1) A person (the complainant) may complain in writing to the registrar about a dog if the dog harassed the complainant or another person.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(2) The registrar must investigate the complaint unless satisfied that the complaint is frivolous or vexatious.
Note An authorised person may seize the dog if the registrar decides to investigate the complaint—see s 56A (2).
(3) If the registrar decides the dog harassed the complainant, the registrar may issue a control order in relation to the keeper of the dog.
Note 1 The registrar may declare a dog to be a dangerous dog if the dog harassed a person—see s 22 (2).
Note 2 If a dog is seized and, after the seizure, the dog is declared to be a dangerous dog, the registrar must release the dog to a person claiming its release if satisfied that the person is its keeper and a dangerous dog licence is in force for the dog—see s 65.
Note 3 As a condition of the issue of a dangerous dog licence, the registrar can require the keeper of the dog and the dog complete an approved course in behavioural or socialisation training for the dog.
(4) However, the registrar may decide not to issue a control order under subsection (3) if satisfied—
(a) the complainant or the other person provoked the dog; or
(b) the complainant or other person was harassed because the dog came to the aid of a person or animal the dog could be expected to protect; or
(c) if the harassment was on premises occupied by the keeper of the dog—the complainant or other person was on the premises without lawful excuse.
Note The registrar must release the dog at the end of an investigation if the keeper holds a licence to keep a dangerous dog—see s 65A (2).
(5) The registrar must give written notice of the decision to—
(a) the complainant; and
(b) the keeper of the dog; and
(c) if the registrar decides to issue a control order—people occupying property adjacent or nearby to premises where the dog is kept.
(6) If the registrar decides to issue a control order, the notice must include details of the control order.
(7) In this section:
control order—see section 53B (7).
insert
56A Seizure of dogs—complaints about dogs attacking or harassing
(1) An authorised person must seize a dog if the dog is the subject of a complaint being investigated by the registrar under—
(a) section 53A (Complaints about attacking dogs—death or serious injury to person etc); or
(b) section 53B (Complaints about attacking dogs—injury to person or serious injury to animal).
(2) An authorised person may seize a dog if the dog is the subject of a complaint being investigated by the registrar under section 53C (Complaints about harassing dogs).
(3) A dog seized under this section must be impounded until the end of the investigation.
11 Seizure—dangerous
dogs
Section 57
omit
may
substitute
must
substitute
(a) if the keeper of the dog has contravened a condition of a dangerous dog licence in force for the dog; or
13 Seizure—attacking and
harassing dogs
Section 59, new note
insert
Note An authorised person must seize a dog if the dog is the subject of a complaint being investigated by the registrar under s 53A or s 53B and may seize a dog if the dog is the subject of a complaint being investigated under s 53C—see s 56A.
substitute
63 Releasing dogs seized under power relating to multiple dogs
substitute
(1) This section applies to a dog seized under section 58 (Seizure—contravention of multiple dog licence) unless the dog is declared to be a dangerous dog after it was seized.
Note Section 65 deals with the release of a dog declared to be dangerous after it is seized.
insert
65A Releasing dogs seized under complaints power
(1) This section applies if a dog is seized under section 56A (Seizure of dogs—complaints about dogs attacking or harassing).
(2) At the end of the investigation of a complaint, the registrar must—
(a) if the registrar dismisses the complaint—return the dog to a person claiming its release if satisfied that the person is its keeper; or
(b) if the registrar declares the dog to be a dangerous dog, but decides not to destroy the dog—release the dog to a person claiming its release if satisfied that the person is its keeper and a dangerous dog licence is in force for the dog.
(3) The registrar may release the dog under subsection (2) only if the registrar is satisfied any fee payable under section 144 for the release of the dog has been paid.
Note 1 A fee may be payable under s 144 before a dog may be released.
Note 2 The registrar is not obliged to release a dog if its keeper has relinquished ownership (see s 69).
17 Dictionary, new definition of serious injury
insert
serious injury, to a person or animal, means any injury (including the cumulative effect of more than 1 injury) that—
(a) endangers, or is likely to endanger, the person or animal’s life; or
(b) is, or is likely to be, a significant or longstanding injury.
Part 3 Domestic Animals
Regulation 2001
18 Schedule 1, new items 11A to 11D
insert
|
11A
|
|
, 53A (3)
destroy dog
keeper of dog
11B
, 53B (3) (a)
issue control order
keeper of dog
11C
, 53B (3) (b)
destroy dog
keeper of dog
11D
, 53C (3)
issue control order
keeper of dog
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 1 November 2017.
2 Notification
Notified under the
on 2017.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2017
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