Dog Amendment Act 1987 (WA)

WESTERN AUSTRALIA

DOG AMENDMENT ACT

No. 23 of 1987

AN ACT to amend the Dog Act 1976.

[Assented to 25 June 1987]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. This Act may be cited as the Dog Amendment Act 1987.

Commencement

2. This Act shall come into operation on such day as is, or such days

as are respectively, fixed by proclamation.

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Principal Act

3. In this Act the Dog Act 1976* is referred to as the principal Act.

[*Reprinted as approved 17 September 1984.]

Section 3 amended

4. Section 3 of the principal Act is amended

(a)	by inserting after the section designation "3." the subsection designation "(1)";

(b) in subsection (1)-

(i) by inserting after the definition of "guide dog" the

following definitions -

"metropolitan region" has the meaning assigned to it for the time being by section 6 of the Metropolitan Region Town Planning Scheme Act 1959;

"owner" in relation to a dog means

(a)	the person by whom the dog is ordinarily kept; or
(b)	a person who is deemed by subsection (2) to be the owner of the dog;

"person liable for the control of the dog" means each

of the following

(a)	the registered owner of the dog;
(b)	the owner of the dog;
(c)	the occupier of any premises where the dog is ordinarily kept or ordinarily permitted to live; or
(d)	a person who has the dog in hi; possession or under his control,

but does not include

(e)	a registered veterinary surgeon, or

person acting on his behalf, in the course

of his professional practice; or

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(f) a police officer or other person acting under a statutory duty or in the administration of this Act; ";

(ii) by inserting after the definition of "premises" the following definitions -

" "public place" means any place to which the public

has access;

"registered owner" means the person in whose name

the dog is registered under this Act;

"registered veterinary surgeon" means a veterinary surgeon registered under the Veterinary Surgeons Act 1960; ";

(iii) in the definition of "registration officer" by deleting "an officer of the council" and substituting the following

a person ";

(iv) by inserting after the definition of "registration officer" the following definitions-

" "sterilized" means rendered sterile

(a)	in the case of a female dog, by ovariectomy or ovariohysterectomy; and
(b)	in the case of a male dog, by castration;

"townsite" means

(a)	land constituted, defined, or reserved as the site of a town or village under the Land Act 1933;
(b)	land subdivided or laid out as the site for a townsite, township, or village, in accordance with the subdivisional plan, registered in the Office of Titles or the Department of Land Administration;
(c)	land, including privately owned subdivided land, declared by Order to be a townsite for the purposes of the Local Government Act 1960, or declared to be a

townsite under any Act repealed by thatAct; and

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(d)	land within the district of a town or city under the Local Government Act 1960 that is outside the metropolitan region. "; and

(v) by deleting the definition of "section";

and

(2) A person who is shown in the register maintained by a council under this Act as being the last person recorded by the council as the registered owner of a dog is deemed to be the owner of that dog, whether or not the registration in his name continues in force, unless he proves that he is not the owner of the dog. ".

Section 4 repealed

5. Section 4 of the principal Act is repealed.

Section 6 amended

6. Section 6 of the principal Act is amended in subsection (3) (b) by

deleting "this Act" and substituting the following-

" section 46 (5) ".

Section 7 amended

7. Section 7 of the principal Act is amended

(a)	by repealing subsection (1) and substituting the following subsections

(1) Subject to subsections (la) and (3), if a dog is not registered under this Act, the owner of the dog and the occupier of the premises where the dog is ordinarily kept or ordinarily permitted to live each commits an offence.

Penalty: $200.

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(la) It is a defence for an occupier referred to in subsection (1) against whom proceedings are brought for a contravention of that subsection to prove that a person over the age of 18 (whom he shall identify) was the owner of the dog at the time of the contravention. "; and

(b)	in subsection (3) by inserting after paragraph (a) the following paragraph-

" (aa) a dog kept during any period allowed for the bringing of an appeal under section 17 or until an appeal under that section is determined, discontinued, or dismissed for want of prosecution, or during any period when an order is suspended under section 17(3a); ".

Section 8 amended

8. Section 8 of the principal Act is amended by inserting after

subsection (2) the following subsections

(3) The Minister may in writing authorize a named person accompanied by a specified dog to enter and be in any building or place open to or used by the public for any purpose, or in any public transport, and, notwithstanding anything in this Act or any other written law, a person acting in accordance with that authority is not guilty of an offence by reason only that he takes that dog into or permits that dog to enter any such building, place or transport.

(4) An authority under subsection (3) may be given subject to such conditions and limitations as the Minister thinks fit, and may at any time be amended or revoked by him. ".

Section 10 amended

9. Section 10 of the principal Act is amended

(a)	by repealing subsection (1);
(b)	in subsection (2) by inserting after "a person" and after "deemed to be" the following-

" ordinarily "; and

(c)

in subsection (3) by inserting after "incurred by a council" the following-

" (including payments made under section 10A) ".

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Section 10A inserted

10. After section 10 of the principal Act, the following section is

inserted

Payments to veterinary surgeons towards cost of sterilization

10A. (1) A council may

(a)	make payments to registered veterinary surgeons towards the cost of sterilization of a dog owned by an eligible person;
(b)	from time to time issue directions in writing to such veterinary surgeons to be complied with as a condition of the receipt of a payment under paragraph (a).

(2) No payment shall be made under subsection (1)(a) to a veterinary surgeon for the sterilization of a dog unless the council is satisfied that the veterinary surgeon has complied with any direction issued under subsection (1) (b).

(3) For the purposes of subsection (1) a person is an eligible person in relation to a council if he

(a)	is the registered owner of the dog whether or not the registration is in the district of that council or in another district;
(b)	resides in the district of that council; and
(c)	in the opinion of that council, would suffer hardship in paying the whole of the cost of sterilization of the

dog. ".

Section 12A inserted

11. After section 12 of the principal Act the following section is

inserted

Entry of premises

12A. (1) A registration officer may, with the consent of the occupier, enter and inspect

(a)

any premises-

(i) at which a dog is registered to be kept; or

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(ii) described in an application for registration as those at which the dog will be kept,

for the purpose of ascertaining whether there are on the premises means for effectively confining the dog within the premises; or

(b)	any premises, for the purpose of ascertaining whether a dog that is reasonably suspected to be on the premises is registered for the purposes of section 7 (1),

and may make such enquiries as he thinks necessary.

(2) With the authority of a warrant, an authorized person, and any other person named in the warrant, may enter and inspect any premises for any purpose relating to the enforcement of this Act.

(3) If he is satisfied that there are reasonable grounds for doing so, a Justice of the Peace may issue a warrant for the purposes of subsection (2). ".

Section 14 amended

12. Section 14 of the principal Act is amended

(a)	in subsection (1) by deleting "registering" and substituting the following-

" registration ";

(b)	in subsection (1) (b), by inserting after "intended to be" the following-

" ordinarily "; and

(c)	in subsection (2) by deleting "registering" and substituting the following-

" registration

Section 15 amended

13. Section 15 of the principal Act is amended in subsection (3) (d)

by deleting "sterilized dog" and substituting the following-

" dog that is proved, in such manner as is prescribed, to have been

sterilized ".

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Section 16 amended

14. Section 16 of the principal Act is amended

(a) in subsection (1)-

(i) in paragraph (a) by inserting after "the dog is" the

following -

" ordinarily "; and

(ii) in paragraph (b) by inserting after "deemed to be" the

following -

" ordinarily "; and

(b) by inserting after subsection (1) the following subsections

" (la) The form of application prescribed for the purposes

of subsection (1) shall require the applicant

(a)	to state in the application the premises at which the dog will ordinarily be kept; and
(b)	to certify that the means exist on the premises for effectively confining the dog within the premises.

(lb) Where a dog is ordinarily kept by a person under the age of 18 years, application for registration of that dog shall be made by his parent or guardian or some other person who is over the age of 18 years and any registration shall be in the name of the applicant. ";

(c)

in subsection (2), by deleting "registering" and substituting the

following -

" registration ";

(d) in subsection (3)-

(i) by deleting "registering" and substituting the

following - registration ";

(ii)

in paragraph (a) by deleting "owner" and substituting the

following -

" applicant, the owner, or the registered owner, as the

case may be, ";

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(iii) in paragraph (b), by deleting the full stop and substituting the following-

" ; or ";

(iv) by inserting after paragraph (b) the following paragraph

(c)	the council is not satisfied that there are on the premises at which the dog will ordinarily be kept, or the premises shown in the register, as the case may be, means for effectively confining the dog within the premises. ";

(e) by inserting after subsection (3) the following subsections -

(3a) In respect of a dog that is registered at the commencement of the Dog Amendment Act 1987 the following provisions apply

(a) the council may by writing served on the registered owner require him, within a specified period, to certify in writing to the council that the means exist on the premises recorded in the register as those at which the dog is ordinarily kept for effectively confining the dog within the premises;

(b)	if the registered owner does not comply with a requirement under paragraph (a) within the specified period, or if the council is not satisfied as mentioned in paragraph (c) of subsection (3) the council may give a direction to the registration officer under that subsection.

(3b) References in subsections (la), (3) and (3a) to "means for effectively confining the dog within the premises" do not include the means whereby a dog may be tethered within the premises.

(3c) The registration officer may cancel the registration of a dog if it is proved to his satisfaction that the dog has died or has been removed from the State. "; and

(f) in subsection (6), by deleting "registering" and substituting the

following-

" registration ".

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Section 16A inserted

inserted -

15. After section 16 of the principal Act, the following section is

Change of ownership

"	16A. (1) Where the ownership of a dog is transferred to another person, the registered owner shall within 28 days thereafter cause the council in whose register his name appears to be notified in the prescribed manner and form of the name and residential address of the new owner.

Penalty: $100.

(2) No change shall be made in the record of the ownership of a dog unless

(a)	the registered owner has notified the change to the council under subsection (1); or
(b)	an application for registration is made by a person who alleges that he is the new owner.

(3) A person aggrieved by a decision of the council relating to the ownership of a dog as recorded in a register may appeal against the decision to the Local Court nearest to the office of the council, and the Court may give to the council such directions as it thinks fit in relation thereto. ".

Section 17 amended

16. Section 17 of the principal Act is amended

(a)	in subsection (1) by deleting "owner" and substituting the following-

" applicant or the registered owner as the case may be ";

(b)

in subsection (2), by deleting "registering" and substituting the following-

" registration ";

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(c)	by repealing subsection (3) and substituting the following subsections

(3) Where the Local Court affirms the decision of the council on an appeal, section 40 (1) shall not apply and the Court shall make an order for the seizure of the dog and for its detention and destruction.

(3a) Notwithstanding subsection (3), the Local Court may suspend an order made under that subsection for a specified period and impose conditions relating to the keeping of the dog and may at or before the expiry of that period cancel the order under subsection (3) if it is satisfied that the dog will be kept without the likelihood of any contravention of this Act. ";

(d) in subsection (4)-

(i) by deleting "owner" and substituting the following-

" applicant or the registered owner, as the case may

be, "; and

(ii) by deleting "wandering at large" and substituting the following-

" found in a place in contravention of section 31, 32 or

33A "; and

(e) by inserting after subsection (4) the following

subsection(5) Subsection (4) also applies where

(a)	the applicant discontinues the appeal; or
(b)	where the Local Court makes an order (which it is hereby authorized to do) dismissing the appeal for want of prosecution,

and for that purpose the words "has not appealed" in that subsection shall be read as "has not prosecuted his

appeal". ".

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Section 18 repealed and a section substituted

17. Section 18 of the principal Act is repealed and the following

section is substituted

Registration tags

18. (1) A registration tag shall

(a)	be of a durable material;
(b)	be of a colour specified by the Minister under subsection (2); and
(c)	contain such particulars as are prescribed.

(2) The Minister shall by order published in the Gazette in respect of a registration period, or an extended registration period referred to in section 15 (2) (a) (ii), specify the colour of registration tags for that registration period or extended registration period.

(3) The Minister may, in like manner, amend or replace an order under subsection (2). ".

Section 19 repealed and a section substituted

18. Section 19 of the principal Act is repealed and the following

section is substituted

Refund of fee on cancellation

19. Where on the cancellation of the registration of a dog that was registered for an extended period, the person who was the registered owner returns the registration tag to the council, the council shall refund to the person such proportion of the registration fee as may be prescribed. ".

Section 20 amended

19. Section 20 of the principal Act is amended

(a)	by inserting after the section designation "20." the subsection designation "(1)";

(b)	by deleting subsection (1) (c) (i);

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(c)	in subsection (1), in the penalty provision at the foot of that subsection, by deleting "Fifty dollars" and substituting the following-

" $500 "; and

(d)	by inserting the following subsection--

(2) Where by regulations it is provided that a prescribed tattoo appearing on a dog may be accepted by a council as proof that the dog has been sterilized, a person who applies that tattoo, or causes the same to be applied, to an unsterilized dog commits an offence.

Penalty: $500. ".

Section 21 repealed

20. Section 21 of the principal Act is repealed.

Part IV repealed

21. Part IV of the principal Act is repealed.

Section 26 amended

22. Section 26 of the principal Act is amended

(a)	in subsection (4), by deleting the penalty provision at the foot of that subsection and substituting the following-

" Penalty: $200 and a daily penalty of $20. ";

and

(b)	by inserting after subsection (5) the following subsection

(6) An appeal under subsection (5) shall be lodged with

the Minister not later than 28 days after the day on which a

notice of the decision that is appealable is served on the

person affected by that decision. ".

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Section 27 amended

23. Section 27 of the principal Act is amended

(a)

in subsection (2) by deleting the penalty provision at the foot of

that subsection and substituting the

following -

" Penalty: $200 and a daily penalty of $20.' "; and

(b)	in subsection (7), by deleting "licensee" and substituting the following-

" applicant or the licensee as the case may be ".

Heading to Part VI deleted and a heading substituted

24. Part VI of the principal Act is amended by deleting the heading

"PART VI—SEIZURE, DETENTION AND CONTROL" and substituting

the following heading-

" PART VI—CONTROL OF DOGS ".

Section 28 repealed

25. Section 28 of the principal Act is repealed.

Section 29 amended

26. Section 29 of the principal Act is amended

(a)	by repealing subsection (1) and substituting the following subsection

(1) A police officer, or a person authorized for the

"	purpose by the council, may exercise any power conferred on an authorized person by this section. ";

(b)

by repealing subsection (3) and substituting the following (3) Where it appears to an authorized person that a dog is in a place in apparent contravention of section 31, 32 or 33A,

subsectiion -

(a)	he may seize and detain it; and
(b)	if he is in pursuit of the dog for the purpose of seizing it, he may enter any premises, other than a building or part of a building that is used for residential purposes if he has reasonable grounds to believe that it is necessary to do so for that

purpose. ";

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(i) by deleting "this section" and substituting the following-

" subsection (3) "; and

(ii) by deleting ", any modified penalty";

(d) by inserting after subsection (5) the following subsections

(5a) If he is satisfied that a dog has or may have bitten a person without provocation or reasonable cause, a Justice of the Peace may issue a warrant authorizing any authorized person to seize the dog and detain it pending the determination of an application for an order for the destruction of the dog.

(5b) Where a warrant under subsection (5a) is issued in respect of a dog an authorized person-

(a)	may seize and detain the dog; and
(b)	may enter any premises if he has reasonable grounds to believe that it is necessary to do so for the purpose of seizing the dog. ";

(e) in subsection (8) by deleting "this section" and substituting the

following-

" subsection (3) ";

(f) by inserting after subsection (8) the following subsections -

(8a) Where a dog is detained under subsection (5b) and, at the expiration of 7 days after the detention commenced no application has been made for an order for the destruction of the dog

(a)	if the dog is wearing a registration tag or the owner is otherwise readily identifiable, an authorized person shall cause notice to be given to the owner in the prescribed manner and form as soon as is practicable after the expiration of that period of 7 days;
(b)	the dog shall be kept and maintained for a period of at least 72 hours next following-

(i) where notice is given under paragraph (a),

the giving of that notice; or

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(ii) where no such notice is required to be given, the expiration of that period of 7 days,

but, subject to this section, shall be delivered up to a person who produces satisfactory evidence of ownership or of his authority to take delivery of it;

and

(c) the owner of the dog shall be liable to pay the reasonable cost of maintaining the dog during any period after the expiration of the period of 72 hours mentioned in paragraph (b) but otherwise the owner shall not be liable for any cost or charge in relation to the seizure, impounding, maintaining or return of the dog.

(8b) Notwithstanding section 40 (1) (ea), where a dog is detained under subsection (5b) and, upon the determination of an application for an order for the destruction of the dog, the court does not make an order under section 40 (1), subsection (8a) (a), (b) and (c) apply in relation to the dog as if the determination of the application were the expiration of the period of 7 days referred to in subsection (8a).

(8c) Subsection (5) applies in relation to any moneys that the owner of a dog is liable to pay under subsection (8a) (c), or under subsection (8a) (c) as applied by subsection (8b). ";

(g) by repealing subsection (13) and substituting the following

subsection

(13) Where an authorized person may seize a dog under subsection (3) but by reason of

(a)	the savagery of the dog; or
(b)	repeated evasion of attempts at seizure; or

it is, in the opinion of the authorized person, dangerous or impracticable to seize the dog, the dog may, subject to subsection (13a), be destroyed without being seized if

(d)	the assistance of the owner, or some other person likely to be able to control the dog is not

reasonably available; and

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(e)	there is no other practicable way to enforce the provisions of this Act. "; and

(h) by inserting after subsection (13) the following subsection

(13a) A dog may be destroyed under subsection (13)

only

(a)	in a public place; or
(b)	on premises that are not a public place if the occupier of those premises consents to the destruction. ".

Sections 30, 31, 32 and 33 repealed and sections 30, 31, 32, 33,

33A, 33B, 33C, and 33D substituted

27. Sections 30, 31, 32 and 33 of the principal Act are repealed and

the following sections are substituted

Dogs to wear collars, registration tags etc.

30. (1) A dog shall not be in a public place unless

(a)	it is wearing a collar to which a valid registration tag under section 18 relating thereto is securely attached; and
(b)	the name and residential address of the owner of the dog are legibly endorsed or inscribed on, or on an attachment to, the collar worn by the dog.

(2) If a dog is at any time in a public place in contravention of subsection (1), every person liable for the control of the dog at that time commits an offence against that subsection unless he establishes a defence under section 33B.

Penalty: $100.

(3) A dog is exempt from the requirements of subsection (1)(a) if

it is

(a)

a greyhound participating in a greyhound race or trial under the control of the Western Australian Greyhound Racing Association established by the Western Australian Greyhound Racing Association Act 1981;

(b)

a foxhound exempted from separate registration under

section 7(3)(d);

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(c)	a dog exempted from separate registration under section 7(3)(e);
(d)	a dog being exhibited for show purposes;
(e)	a dog which, under the control of a responsible person, is being trained for or is participating in retrieving, duck hunting or some other customary sporting purpose; or
(f)	a dog that is participating in an obedience trial or classes conducted under the auspices of the body known as the Canine Association of Western Australia (Inc.) or a body approved by the council of the municipality in whose district the obedience trial or classes are conducted.

(4) A dog is exempt from the requirements of subsection (1)(b) if

it is a dog to which subsection (3)(a), (b), (d), (e) or (f) applies.

Control of dogs in certain public places

31. (1) A dog shall not be in a public place unless it is

(a)	held by a person who is capable of controlling the dog; or
(b)	securely tethered for a temporary purpose,

by means of a chain, cord, leash or harness of sufficient strength

and not exceeding the prescribed length.

(2) A dog is exempt from the requirements of subsection (1) if

(a)	it is in an area specified by a council under section 51 as a dog exercise area;
(b)	it is in a public place in an area of the State that is outside the metropolitan region or a townsite;
(c)	it is in or on a vehicle or boat;
(d)	it is being exhibited for show purposes;
(e)	it is participating in an obedience trial or classes conducted under the auspices of the body known as the Canine Association of Western Australia (Inc.) or a body approved by the council of the municipality in whose district the obedience trial or classes are conducted;
(f)	it is registered as being bona fide used in the droving or

tending of stock and is being so used or is going to or returning from a place where it will be, or has been, so

used;

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(g)

it is a foxhound in a registered pack bona fide engaged in

hunting or hound exercise or in going to or returning

from hunting or hound exercise; or

(h)

it is being used for retrieving, duck hunting or other customary sporting purposes.

(3) If a dog is at any time in any public place in contravention of subsection (1) every person liable for the control of the dog at that time commits an offence against that subsection unless he establishes a defence under section 33B.

Penalty: $200.

Control of dogs in exercise areas and rural areas

32. (1) A dog, not being a greyhound, shall not be in

(a)	an area specified by a council under section 51 as a dog exercise area; or
(b)	a public place in an area of the State that is outside the metropolitan region or outside a townsite,

unless section 31 (1) is complied with or a competent person is in

reasonable proximity to the dog.

(2) A person is a competent person for the purposes of

subsection (1) only if

(a)	he is a person who is liable for the control of the dog;
(b)	he is capable of controlling it; and
(c)	he is carrying and capable of attaching to the dog for the purpose of controlling it, a chain, cord, leash or harness of sufficient strength and not exceeding the prescribed length.

(3) The exemptions in section 31 (2) (other than paragraphs (a) and (b)) also apply for the purposes of subsection (1).

(4) If a dog is at any time in any place in contravention of subsection (1) every person liable for the control of the dog at that time commits an offence against that subsection unless he establishes a defence under section 33B.

Penalty: $200.

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(5) A council must specify under section 51 (bb) such dog exercise areas as are, in the opinion of the council, sufficient in number, and suitable, for the exercising of dogs in the district.

Special provision for greyhounds

33. (1) A greyhound shall, except while it is on premises occupied by its owner, be muzzled in such a manner as will prevent it from biting a person or animal.

(2) Section 31 applies to a greyhound subject to the following modifications

(a)	the exemptions in subsection (2) (a) and (b) of that section shall not apply;
(b)	a greyhound is exempt from subsection (1) of that section while it is participating in a race or trial under the control of the Western Australian Greyhound Racing Association established by the Western Australian Greyhound Racing Association Act 1981; and
(c)	for the purposes of subsection (1) (a) of that section, a person shall be conclusively deemed to be incapable of controlling a greyhound if it is one of more than 2 greyhounds held by him at one time.

(3) If a greyhound is at any time not muzzled as required by subsection (1) every person liable for the control of the dog at that time commits an offence against that subsection unless he establishes a defence under section 33B.

Penalty: $200.

Control of dogs in places that are not public

33A. (1) A dog shall not be in any place that is not a public place unless

(a) consent to its being there has been given-

(i) by the occupier or a person apparently authorized to consent on behalf of the occupier; or

(ii) if the place is unoccupied, by the owner or a person apparently authorized to consent on behalf of the owner; or

(iii) if the place is an enclosed field, paddock, yard or other place in which animals or birds are confined,

by the owner of all such animals or birds; or

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(b) it is held or tethered as required by section 31 (1).

(2) A dog is exempt from the requirements of subsection (1) if it

(a)	in a pet shop or premises used for the practice of a registered veterinary surgeon; or
(b)	in or on a vehicle or boat.

(3) If a dog is at any time in any place in contravention of subsection (1) every person liable for the control of the dog at that time commits an offence against that subsection unless he establishes a defence under section 33B.

Penalty: $200.

Defences applicable to sections 30(1),

31(1), 32(1), 33(1) and 33A(1)

33B. It is a defence to a charge of an offence of contravening section 30(1), 31(1), 32(1), 33(1) or 33A(1) if the person charged satisfies the court

(a)	in the case of any person, that he took all reasonable precautions and exercised all due diligence to avoid the contravention;

(b) in the case of the occupier of premises where the dog is ordinarily kept or ordinarily permitted to live, that-

(i) he has fulfilled the requirements of paragraph (a); or

(ii) that at the material time the dog was in fact owned by some other person (whom he shall identify) over the age of 18 years; or

(i) he fulfilled the requirements of paragraph (a); or

(ii) that at the material time the dog was in the possession or control of some other person without

his consent, express or implied.

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Saving

33C. Nothing in this Part shall be read as limiting any other written law whereby the entry or presence of dogs in any place is prohibited, controlled or restricted.

Dog attacks etc.

33D. (1) If a dog attacks or chases any person, or any animal or bird owned by or in the charge of another person, whether or not any injury is caused, every person liable for the control of the dog commits an offence

(a)	in the case of any person, unless he satifies the court that-

(i) he took all reasonable precautions and exercised all due diligence to avoid the contravention; or

(ii) the dog was being used in good faith in the reasonable defence of any person or property or for the droving or removal of any animal found trespassing;

(b) in the case of the occupier of premises where the dog is ordinarily kept or ordinarily permitted to live, unless he fulfils the requirements of paragraph (a) or satisfies the court that at the material time the dog was in fact owned by some other person (whom he shall identify) over the age of 18 years; or

(c) in the case of the owner or the registered owner, unless he fulfils the requirements of paragraph (a) or satisfies the court that at the material time the dog was in the possession or control of some other person without his consent, express or implied.

Penalty: $1 000.

(2) A person shall not set on or urge a dog to attack or chase any person or any animal or bird owned by or in the charge of another person, whether or not any injury is caused, except in good faith

(a)	in the reasonable defence of any person or property; or
(b)	for the droving or removal of any animal if-

(i) the owner or person in charge of the animal consents to the droving or removal; or

(ii) the animal is found trespassing.

nalty: $2 000 "

1987]	Dog Amendment Act	[No. 23
Section 34 amended

28. Section 34 of the principal Act is amended in subsection (3) by

deleting "was liable for the control of that dog." and substituting the

following-

" had the dog in his possession or under his control for the purposes of the definition of "person liable for the control of the dog" in section 3. ".

Section 36 amended

29. Section 36 of the principal Act is amended in subsections (1) and

(2) by inserting at the foot of each of those subsections the following-

" Penalty: $200. ".

Section 37 repealed

30. Section 37 of the principal Act is repealed.

Section 38 amended

31. Section 38 of the principal Act is amended by repealing

subsection (1) and substituting the following subsections -

(1) A dog shall not be a nuisance either of itself or together with other dogs whether or not in the same ownership.

(la) Where it is shown that a dog is a nuisance in contravention of subsection (1) the occupier of the premises where the dog is ordinarily kept or ordinarily permitted to live commits an offence against that subsection unless he proves that he took all reasonable precautions and exercised all due diligence to avoid the contravention.

Penalty: $200. ".

No. 23]	Dog Amendment Act	[1987
Section 40 amended

32. Section 40 of the principal Act is amended

(a)	by inserting after subsection (1) (e) the following paragraph

(ea) where the dog has been detained under section 29 (5b) or an order is made under paragrah (c), make any order it thinks fit as to the payment of any cost, charge or fee of a kind referred to in section 29 (4); ";

and

(b)	in subsection (4) by deleting "registering" and substituting the following-

" registration ".

Section 42 repealed

33. Section 42 of the principal Act is repealed.

Section 43 amended

34. Section 43 of the principal Act is amended

(a)	by inserting after the section designation "43." the subsection designation "(1)";
(b)	in paragraph (b) by deleting "assaults,";
(c)	in paragraph (c) by deleting "any certificate or other document issued to him pursuant to this Act, or any dog in his possession or control, " and substituting the following-

" any dog in his possession or control ";

(d)	in the penalty provision at the foot of the section, by deleting "One hundred dollars" and substituting the following-

" $500 "; and

(e)	by inserting the following subsection -

(2) A person who fails without lawful excuse to produce any certificate or other document issued to him pursuant to this Act when required to do so by a person exercising a power under this Act, or fails to allow that person, on his producing the same, to make an examination thereof, commits an offence.

Penalty: $200. ".

1987]	Dog Amendment Act	[No. 23
Section 43A inserted

35. After section 43 of the principal Act the following section is

inserted

Name and address to be supplied

43A. A person who is alleged by an authorized person to be concerned in the commission of an offence against this Act shall furnish to that authorized person on demand his full name and the address of his place of residence.

Penalty: $200. ".

Section 45 repealed and a section substituted

36. Section 45 of the principal Act is repealed and the following

section is substituted

Evidentiary provisions

45. (1) In any proceeding for an offence against this Act in

relation to a dog

(a)	an averment on the process that at a particular time a person was a person liable for the control of the dog or was the owner or the registered owner of the dog, or that a person was the occupier of any premises where the dog was ordinarily kept or ordinarily permitted to live, or that the dog was not registered or that the dog was of a particular breed is evidence of that fact; and
(b)	the onus of proving that at a particular time the dog was registered or was under the age of 3 months lies on the person making that assertion.

(2) In any proceedings, whether civil or penal, a registration certificate under section 16(6), or a copy of an entry in a register certified by a registration officer, shall, without proof of the signature of the person appearing to have signed the same or that he is a registration officer, be evidence of the matters relevant to the proceedings set out in that registration certificate or certified

copy. ".

No. 23]	Dog Amendment Act	[1987
Section 45A inserted

37. After section 45 of the principal Act, the following section is

inserted

Modified penalties

45A. (1) Regulations may provide for a modified penalty for an offence against this Act or the regulations for which the maximum penalty for a conviction does not exceed $200.

(2) Uniform general by-laws or other by-laws made under this Act may provide for a modified penalty for an offence against the by-laws.

(3) A modified penalty for an offence shall not exceed 20 per cent of the maximum penalty for that offence.

(4) Where a person does not contest an allegation that he committed an offence to which a modified penalty applies, the production of an acknowledgement from the council by whom that person was notified of the commission of the offence that the modified penalty has been paid to that council shall be a defence to a charge of the offence in respect of which the modified penalty was paid.

(5) The payment of a modified penalty shall not be regarded as an admission of liability for the purpose of, nor in any way affect or prejudice, any civil claim, action or proceeding arising out of the occurrence to which the modified penalty relates. ".

Section 46 amended

38. Section 46 of the principal Act is amended

(a)	in subsection (2) by deleting "this Act" and substituting the following-

" subsection (5) ";

1987]

Dog Amendment Act

[No. 23

(b) in subsection (3)—

(i) by deleting "owner's knowledge of that propensity" and substituting the following-

" knowledge of that propensity on the part of the

owner or a person deemed to be the owner "; and

(ii) by inserting after "neglect on the part of the owner" the following-

" or a person deemed to be the owner "; and

(4) It shall not be a defence in any civil proceedings in relation to injury, damage, nuisance or annoyance caused by a dog for a person who would otherwise be liable therefor to show that at the material time the dog was not in his possession or control unless he also satisfies the court that the dog was in the actual possession or control of some other person without his consent, express or implied.

(5) A person who-

(a)	has a dog in his possession or under his control; or
(b)	is the occupier of any premises where a dog is ordinarily kept or ordinarily permitted to live,

shall for the purposes of subsection (2) be deemed to be the

owner of the dog whilst those circumstances subsist.

(6) In addition to any other defence he may have, a person referred to in subsection 5(b) is not liable as owner of a dog if he satisfies the court that at the material time the dog was in fact owned by some other person over the age of 18 years, whom he shall identify. ".

Section 47 amended

39. Section 47 of the principal Act is amended, in the penalty provision at the foot of the section, by deleting "Five hundred dollars" and substituting the following-

" $1 000 ".

No. 23]	Dog Amendment Act	[1987
Section 49 amended

40. Section 49 of the principal Act is amended by repealing

subsection (5).

Section 50 amended

41. Section 50 of the principal Act is amended

(a)	in subsection (1) by deleting paragraph (d); and
(b)	in subsection (2) by deleting "one hundred dollars" and substituting the following-

" $200 ".

Section 51 amended

42. Section 51 of the principal Act is amended

(a)	in paragraph (b) by deleting "or permitted only if restrained on a chain, cord or leash";
(b)	by inserting after paragraph (b), the following paragraphs-

" (ba) extending the operation of section 31, with all necessary modifications, to specified public places or classes of public places that are outside the metropolitan region or a townsite;

(bb) specifying any public place or class of public place, being a place that is under the care, control and management of the council, as a dog exercise area for the purposes of sections 31 and 32; ";

and

(c)

in paragraph (c) by deleting "is" and substituting the following-

" are ".

1987]	Dog Amendment Act	[No. 23
Section 53 amended

Section 53 of the principal Act is amended in subsection (4), in

the penalty provision at the foot of that subsection, by deleting "Two

hundred dollars" and substituting the following-

43.

" $500 ".

References to registration disc amended

The principal Act is amended by deleting "disc" wherever it

occurs in the provisions referred to in the Table to this section and

substituting in each case the following-

44.

" tag ".

TABLE

Section 14 (1) (d)	Section 20 (1) (c) and (d)
Section 16 (6) (b)	Section 29 (8) (a)