Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if—
(a) the person is the carer for a dog; and
(b) the dog attacks or harasses another person or animal.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person is the keeper of a dog; and
(b) the dog attacks or harasses another person or animal.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability offence.
(4) It is a defence to a prosecution for an offence against this section if the defendant proves that—
(a) the person or animal provoked the dog; or
(b) the person or animal was attacked or harassed because the dog came to the aid of a person or animal the dog could be expected to protect; or
(c) if the attack or harassment was on premises occupied by the defendant—the person or animal was on the premises without lawful excuse.
(5) Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—
(a) the defendant asked or told another person to be the carer for the dog; and
(b) that person was, at the time of the offence, the carer for the dog; and
(c) the defendant had taken reasonable measures to ensure that the carer was able to exercise responsible dog management, care and control of the dog.
Examples—par (c)
• telling the carer about the dog, including about any control order or nuisance notice
• ensuring the carer was experienced enough and physically able to manage, care and control the dog
• ensuring the carer had a leash and secure premises for the dog
Note The defendant has a legal burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code
, s 59).
(6) If a person is convicted or found guilty of an offence against this section, the court may—
(a) order that the dog be destroyed; or
(b) make any other order the court considers necessary to ensure the safety of the public and other animals.