(1) Subject to subregulation (2), if a dog is found in a reserve and it is not under the immediate control of a person, the owner of the dog is guilty of an offence and liable to a penalty not exceeding 20 penalty units.
(2) If a person other than the owner of the dog has care and control of the dog—
(a) that other person is guilty of the offence against subregulation (1); and
(b) the owner of the dog is not guilty of the offence against subregulation (1).