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 person does or omits to do something; and
(c) the act or omission results in the dog attacking another person or animal; and
(d) the attack causes serious injury to the other person or animal; and
(e) the person intends the attack to cause, or is reckless or negligent about the attack causing, serious injury to the other person or animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2) A person commits an offence if—
(a) the person is the keeper of a dog; and
(b) the person does or omits to do something; and
(c) the act or omission results in the dog attacking another person or animal; and
(d) the attack causes serious injury to the other person or animal; and
(e) the person intends the attack to cause, or is reckless or negligent about the attack causing, serious injury to the other person or animal.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(3) 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.
(4) 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) the 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 (3) and s (4) (see Criminal Code
, s 59).
(5) 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.