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CLAUSE NOTES
CRIMINAL CODE AMENDMENT (DANGEROUS
DOGS) BILL 2013
Part 1 Preliminary
Clause 1: Contains the short title of the Act.
Clause 2: This clause provides that the Act will
commence on Royal Assent.
Clause 3: Provides that the amendment Act will be
repealed automatically on the three hundred
and sixty fifth day from the day on which the
Act commences. This is a standard clause in all
amending Acts.
Part 2 Criminal Code Act 1924 Amended
Clause 4: Provides the interpretive statement that in
Part 2 of the Act, the Criminal Code Act 1924 is
the "Principal Act".
Clause 5: Inserts a new section in to the Criminal Code
Act 1924 which creates the offence of causing
death or grievous bodily harm by dangerous or
restricted breed dog. The offence applies to a
person with care or charge of a dog that is a
restricted breed under the Dog Control Act
2000 or a dog that has been declared
dangerous under the Dog Control Act 2000
because the dog has caused a serious injury to
a person or there is reasonable cause to
believe the dog will cause serious injury to a
person. The offence applies when such a
restricted breed or declared dangerous dog
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attacks and kills, or causes grievous bodily
harm to, another person. The person with the
care or charge of the dog at the time of the
attack must have known or been reckless as to
the fact that the dog is a dangerous or
restricted breed dog. The person with the
care or charge of the dog at the time of the
attack must have failed to take reasonable
steps to ensure the dog was under effective
control. The person must also have known, or
ought to have known, that the failure to keep
the dog under effective control could expose
any person to a risk of death or grievous
bodily harm. The term "any person" is used in
the broadest possible sense here.
The clause also provides a number of
definitions relevant to the offence. In
particular, `care and charge' is defined to
include a person who is the owner of the dog,
has control, possession or custody of the dog
or is the operator or manager of a premises
where the dog is held for commercial
purposes. One or more persons may have
care or charge of a dog at any one time.
Part 3 - Dog Control Act 2000 Amended
Clause 6: Provides the interpretive statement that in
Part 3 of the Act the Dog Control Act 2000 is
the Principal Act.
Clause 7: Amends section 29 of the Dog Control Act 2000
by inserting a new subsection in relation to the
keeping of records by Councils in relation to
dogs declared dangerous under the Principal
Act. Section 29 of the Principal Act allows a
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Council to declare a dog dangerous if the dog
has caused serious injury to a person or
another animal; or there is reasonable cause to
believe that the dog is likely to cause serious
injury to a person or another animal. This new
subsection specifies that a where a dog has
been declared dangerous because of actions or
a likelihood of actions against a person the
information about the dog and events are to be
recorded and kept by the Council for at least
15 years.
This allows for a dog declared dangerous
because of actions or likely actions in relation
to another animal to be clearly distinguished
from a dog whose actions or likely actions
were directed towards a person. These
offences are only to apply to a dog that has
been declared dangerous in relation to actions
against or a likelihood of actions against a
person as opposed to actions against animals.
The Council will be able to keep a record, in
whatever manner they see fit, of declarations
made in relation to actions against a person.