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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CRIMINAL CODE AMENDMENT (DANGEROUS
DOGS) BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
3. Repeal of Act
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
4. Principal Act
5. Section 167C inserted
167C. Causing death or grievous bodily harm by dangerous
dog or restricted breed dog
PART 3 - DOG CONTROL ACT 2000 AMENDED
6. Principal Act
7. Section 29 amended (Declaration of particular dangerous dog)
[Bill 39]-VI
2
CRIMINAL CODE AMENDMENT (DANGEROUS
DOGS) BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
27 August 2013
(Brought in by the Minister for Justice, the Honourable Brian
Neal Wightman)
A BILL FOR
An Act to amend the Criminal Code Act 1924 and the Dog
Control Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Criminal Code
Amendment (Dangerous Dogs) Act 2013.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 39] 3
Criminal Code Amendment (Dangerous Dogs) Act 2013
Act No. of
s. 3 Part 1 - Preliminary
3. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
4
Criminal Code Amendment (Dangerous Dogs) Act 2013
Act No. of
Part 2 - Criminal Code Act 1924 Amended s. 4
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
4. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
5. Section 167C inserted
Schedule 1 to the Principal Act is amended by
inserting the following section after section
167B in Chapter XVII:
167C. Causing death or grievous bodily harm by
dangerous dog or restricted breed dog
(1) A person who has care or charge of a dog
is guilty of a crime if -
(a) the dog is a dangerous dog or a
restricted breed dog; and
(b) the dog attacks and kills, or
causes grievous bodily harm to,
another person; and
(c) the person with care or charge of
the dog knew, or was reckless as
to whether or not, the dog is a
dangerous dog or a restricted
breed dog; and
(d) at the time of the attack, the
person with care or charge of the
*No. 69 of 1924
5
Criminal Code Amendment (Dangerous Dogs) Act 2013
Act No. of
s. 5 Part 2 - Criminal Code Act 1924 Amended
dog failed to take reasonable
steps to ensure the dog was under
effective control; and
(e) the person knew, or ought to have
known, that a failure to keep the
dog under effective control could
expose any person to a risk of
death or grievous bodily harm.
Charge: Causing death or grievous bodily
harm by dangerous dog or
restricted breed dog.
(2) For the purposes of subsection (1), a
person is taken to have care or charge of
a dog if, at the relevant time, the person -
(a) is the owner of the dog; or
(b) has control, possession or custody
of the dog; or
(c) is the operator or manager of the
premises where the dog is held
for commercial purposes.
(3) One or more persons may have care or
charge of a dog at any one time.
(4) In this section -
attack has the same meaning as in the
Dog Control Act 2000;
dangerous dog means a dog that has
been declared to be a dangerous
dog under section 29(1)(a) of the
6
Criminal Code Amendment (Dangerous Dogs) Act 2013
Act No. of
Part 2 - Criminal Code Act 1924 Amended s. 5
Dog Control Act 2000 due to the
dog causing, or there being
reasonable cause to believe that
the dog is likely to cause, serious
injury to a person;
effective control has the same meaning
as in the Dog Control Act 2000;
restricted breed dog has the same
meaning as in the Dog Control
Act 2000.
7
Criminal Code Amendment (Dangerous Dogs) Act 2013
Act No. of
s. 6 Part 3 - Dog Control Act 2000 Amended
PART 3 - DOG CONTROL ACT 2000 AMENDED
6. Principal Act
In this Part, the Dog Control Act 2000* is
referred to as the Principal Act.
7. Section 29 amended (Declaration of particular
dangerous dog)
Section 29 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
(2) If a dog is declared to be a dangerous dog
under subsection (1) due to the dog
causing, or there being reasonable cause
to believe that the dog is likely to cause,
serious injury to a person, the general
manager who made the declaration is to
ensure that all the information known
about the dog, and the events taken into
account when making the declaration,
are -
(a) recorded; and
(b) retained, with a copy of the notice
served on the owner of the dog
under subsection (1), for at least
15 years.
*No. 102 of 2000
8 Government Printer, Tasmania