Victorian Numbered Acts

ANIMALS LEGISLATION AMENDMENT (ANIMAL CARE) ACT 2007 (NO. 65 OF 2007) - SECT 12

For section 29 of the Domestic (Feral and Nuisance) Animals Act 1994 substitute —

        "     29     Penalty and liability for attack by dog

    (1)     If a dangerous dog, that is not a guard dog guarding non-residential premises, attacks or bites any person or animal, the owner is guilty of an offence and liable to a term of imprisonment not exceeding 6 months or to a fine not exceeding 120 penalty units.

    (2)     If a dog that is not a dangerous dog, attacks or bites any person or animal and causes death or a serious injury to the person or animal, the owner of the dog is guilty of an offence and liable to a penalty not exceeding 20 penalty units.

    (3)     If a dog that is not a dangerous dog, attacks or bites any person or animal and the injuries caused by the dog to the person or animal are not in the nature of a serious injury, the owner of the dog is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

    (4)     If a dog rushes at or chases any person, the owner is guilty of an offence and liable to a penalty of not more than 4 penalty units.

    (5)     Subsections (1), (2), (3) and (4) do not apply if, the incident occurred—

        (a)     because the dog was being teased, abused or assaulted; or

        (b)     because a person was trespassing on the premises on which the dog was kept; or

        (c)     because another animal was on the premises on which the dog was kept; or

        (d)     because a person known to the dog was being attacked in front of the dog.

    (6)     Subsections (2), (3) and (4) do not apply if, the incident occurred as part of a hunt in which the dog was taking part and which was conducted in accordance with the Prevention of Cruelty to Animals Act 1986 .

    (7)     If an owner of a dog is found guilty of an offence under this section the court may, in addition to any other order made by the court, order that the owner pay compensation for any damage caused by the conduct of the dog.

    (8)     If the owner of a dog is found guilty of an offence under this section, the court may order that the dog be destroyed by an authorised officer of the Council of the municipal district in which the offence occurred.

    (9)     In this section, "owner", in relation to a dog, means the person who apparently has control of the dog at the time the dog conducts itself in the manner specified in subsection (1), (2), (3) or (4).".