Dog Act Amendment Act 1928 (WA)

No. 24.]	Dog.	[1928.
DOG.

19° GEo. V., No. XXIV.

No. 24 of 1928.

AN ACT to amend the Dog Act, 1903.

[Assented to 27th December, 1928.]

Council and Legislative Assembly of Western Australia, in

BE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

this present Parliament assembled, and by the authority

of the same, as follows :—

Abort title. 1.

This Act may be cited as the Dog Act Amendment Act, 1928, and shall be read and construed as one with the

Dog Act, 1903 (hereinafter referred to as the principal

Act).

Amendment of s. 5. 2.

Section five of the principal Act (as amended by Act No. 1 of 1923) is hereby amended by the insertion after the word " time " of the words " in depots licensed for the purpose pursuant to regulations made under this Act."

Insertion of new 3.

There is hereby inserted in the principal Act, after section six thereof, a new section as follows :-

!motion after s. 6.

Registration of

GA. (1) The local authority may direct the regis- tering officer to refuse to register the dog on the ground that such dog is, in the opinion of the local authority, of a destructive nature.

destructive does

may be refused.

(2) The owner may, in the prescribed manner

and within the prescribed time, appeal against such

direction to the Local Court held nearest to the office

1928.1 Dog. [No. 24.

of the local authority, and such Court may either affirm the direction or quash it and direct the registra- tion of the dog, as shall be just.

(3) The registering officer shall act in conformity with the (Erection of the local authority or the Local Count, as the case may be.

4.	A section is hereby inserted in the principal Act,	Insertion of new
s ection after ff. 22.

after section twenty-two, as follows :-

22A. Subject to the regulations, it shall be lawful for the owner or occupier of any field, paddock, yard, or other place in or on which any sheep or cattle are confined or &pasturing, or any person not being an aboriginal or half-caste, except with the consent of the nearest Protector of Aborigines acting under his authority, to lay poison upon such field, paddock, yard or other place for the destruction of dogs wandering at large and trespassing on any such place.	in certain cases.
Pelson may be laid
Provided that such poison shall not be laid within one chain of a main road.

5.    Section twenty-three of the principal Act is amended A %o3ntiment of

by striking out the words " five pounds," at the end of the 8.

first paragraph, and inserting twenty pounds " ; and

by inserting the following after the word " pounds " :-

"When a dog has actually bitten any person the court

or justices, in addition to inflicting a penalty, may order

that such dog be destroyed forthwith, and may give all

necessary directions to make such order effective."

6. A new section is hereby inserted in the principal	section after e, 23.
I zwertIon of Hatt

Act, after section twenty-three, as follows :-

23A. No person shall be deemed to be guilty of an offence or be liable in damages on account of the	liability for acts
lereedom from
of vermin ordone for tirotruotIon
death of or any injury or harm suffered by any dog	wandering at largos
wandering at large, owing to measures taken by such person, reasonably and in good faith, for the purpose of destroying or exterminating vermin or dogs wander- ing at large, whether by means of traps, poison, or otherwise, in conformity with any Act or statutory regulation, or by reason of the fact that the death of the dog has occurred in a place or on premises not belonging to or in the occupation of such person.

No. 24.] Dog. [1928.

Amendment of

c. 27. 7. Section twenty-seven of the principal Act is hereby

amended by the substitution of " July " for " January," and of the word " any " for the word " every," and by striking out the words " such person."

Insertion of new

section after s. 94. 8. A section is hereby inserted after section thirty-

four of the principal Act as follows :-

Power to make

by-laws. 34A. A local authority may, for the protection of

owners of stock, make by-laws for

(a) requiring dogs to be kept chained or otherwise under effective control from sunset to sunrise, and authorising the destruction of any dog not so kept under control and found wander- ing at large ;

(b) imposing a penalty not exceeding ten pounds

for the breach of any such by-law.

9. A section is hereby inserted in the principal Act as follows :-

Application of

sections OA, 22A,	36. Sections sixA, twenty-twoA, twenty-threeA, and thirty-fourA shall not have effect within the metropolitan area as defined by the regulations under this Act, or within any municipality outside the metropolitan area, unless extended to such muni- cipality by an Order in Council published in the
23A, and 34A.
Gazette.
Reprinting of

principal Act and	10. In any reprint of the principal Act, the Dog Act altered to the Dog Act, 1903-1928, and the said Acts may
amendments.	Amendment Act, 1922, and this Act, the short title may be
be cited together by that title.