Dog Amendment Regulations 1996 (WA)

PRINT POST APPROVED PP665002/00041

WESTERN	4675
AUSTRALIAN GOVERNMENT t t
aze e

PERTH, FRIDAY, 13 SEPTEMBER 1996 No. 132 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, ACTING GOVERNMENT PRINTER AT 4.15 PM

DOG ACT 1976

DOG AMENDMENT REGULATIONS 1996

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Dog Amendment Regulations 1996.

Commencement

2. These regulations come into operation on the day, or the later or latest of the days, as the case requires, fixed under section 2 of the Dog Amendment Act 1996.

(a) if determined by the local government having regard to the actual expense incurred, an amount not exceeding $100; and

Principal regulations

3. In these regulations the Dog Regulations 1976* are referred to as the

principal regulations.

[* Published in Gazette 24 December 1976, pp. 5092-7.

For amendments to 10 September 1996, see 1995 Index to Legislation of Western Australia, Table 4, pp. 61-2.1

Regulation 4A inserted

4. After regulation 4 of the principal regulations the following regulation is

inserted —

44

Council expenses

4A. The charge which a local government may require an owner to pay

under section 33M shall be —

4676 GOVERNMENT GAZETTE [13 September 1996

(b) if required to be paid as a fixed charge at a prescribed
amount, $50.

Regulation lOB inserted

5.     After regulation 10A of the principal regulations the following regulation

is inserted -

94

Collars and signs warning of a dangerous dog

lOB. (1) For the purpose of section 33F (5), the owner of a dangerous dog shall ensure that -

(a)	the dangerous dog wears a distinctive collar conforming to that provided for in Part 2 of the Third Schedule, as the local
government may require, to warn people that the dangerous dog is dangerous; and
(b)	at each entrance to premises where the dangerous dog is kept a sign, conforming to that provided for in Part 3 of the Third

Schedule, is displayed to warn people that a dangerous dog is kept there.

The owner of a dog which is not a dangerous dog must notput on subregulation (1) (a) or a collar resembling such a collar.

the firstmentioned dog, or allow that dog to wear, a collar referred to in (2)

Penalty: $1000.

in subregulation (1) (b) on premises other than premises where a (3) A person must not display a sign resembling the sign referred to

dangerous dog is kept.

Penalty: $1000. 11

Regulation 12A inserted

6.     After regulation 12 of the principal regulations the following regulation is

inserted -

Complaint and warrant as to offences
which section 29 applies may be made in the form of Form 4A in the First	12A. (1) A complaint seeking a warrant in respect of an offence to
Schedule.

A warrant in respect of an offence to which section 29 applies may be issued in the form of Form 4B in the First Schedule.

(2)

Regulation 13 amended

7.     (1) Regulation 13 (1) of the principal regulations is amended by inserting,

after "pursuant to this regulation', the following -

"

in respect of a dog which is not a dangerous dog, but if the dog is a dangerous dog the amount appearing in column five is the prescribed modified penalty in respect of that offence 11

13 September 19961 GOVERNMENT GAZETTE 4677

(2) Regulation 13 (1) of the principal regulations is amended by deleting the

table and substituting the table following -

44

Item Section Matter to which section relates General Dangerous

Penalty Dog

Penalty

$ $

1.	7(l)	Unregistered dog	100	200
2.	16A (1)	Failure to give notice of new owner	40
3.	26 (4)	Keeping more than prescribed number of dogs	100
4.	27 (2)	Breach of kennel establishment licence	200
5.	30 (2)	Dog in public place without collar or registration tag	50	100
6.	30 (2)	Owner's name and address not on collar	50	100
7.	31 (3)	Dog not held by a leash in certain public places	100	200
8.	32 (4)	Failure to control dog in exercise areas and rural areas	100	200
9.	33 (3)	Greyhound not muzzled	200
10.	33A (3)	Dog in place without consent	100	200
11.	33L (1) (a) & (b)	Dangerous Dog not muzzled	250
12.	33L (1) (a)	Dangerous Dog not on leash in	200
& (b)	exercise area
13.	33L (1) (a)	Dangerous Dog not under continuous	200
& (b)	supervision
14.	33L (1) (a)	Dangerous Dog in specifically	200
& (b)	prohibited area
15.	33L (1) (a)	Dangerous Dogenclosure requirement	200
& (b)	not complied with
16.	33L (1) (a)	Dangerous Dog not wearing specified	200
& (b)	collar

17.	33L (1) (a) & (b)	Dangerous Dog signs not displayed	200
18.	33L (1) (d)	Local government not advised of Dangerous Dog attack	200
19.	33L (1) (d)	Local government not advised of missing Dangerous Dog	200
20.	33L (1) (d)	Local government not advised of Dangerous Dog ownership change	200
21.	33L (1) (d)	Local government not advised of Dangerous Dog location change	200

22. 36(l) Failure to take steps against
parasites 50

23.	38 (la)	Dog causing nuisance	100	200
24.	43 (2)	Failure to produce document issued under Act	100
25.	43A	Failure of alleged offender to give name and address	100

4678 GOVERNMENT GAZETTE [13 September 1996

(3) Regulation 13 of the principal regulations is amended by inserting after

subregulation (1) the following subregulation -
"

(la) The offences created by regulation lOB (2) and (3) are prescribed under section 45A of the Act as offences in relation to which a modified penalty applies, and $100 is the prescribed modified penalty for each of those offences if dealt with under this regulation.

First Schedule amended

8.    The First Schedule to the principal regulations is amended by inserting,

after Form 4, the new Form 4A and Form 4B following -

"

Form 4A

Western Australia
Dog Act 1976

[Section 291

COMPLAINT SEEKING WARRANT TO

SEIZE AND DETAIN DOG

AND TO ENTER PREMISES

of (2)

in the State of Western Australia, make oath and say as follows:

I am a Police officer, 0

a

appointed by the	0 and authorized to
exercise the powers	conferred by section 29 of the Dog Act 1976.

2.       I believe on reasonable grounds that dog

has or may have attacked a person .

or is concerned in an offence to which section 29 of the Dog Act applies namely (8)

and that it is reasonably necessary for the enforcement of the Act
that the dog be seized and detained.

3.       I believe on reasonable grounds that in order to seize the dog to

which this complaint relates it is or may be necessary to enter

premises at

0	to which admission has been or may be refused;
0	which are apparently unoccupied;
0	where a request for admission might defeat the object of entry.

4. I hereby seek the issue of a warrant under section 29 of the Dog Act 1976 authorizing the seizure and detention of the dog under that Act.

Sworn at

this day of

by the said deponent
before me

13 September 19961 GOVERNMENT GAZETTE 4679

Insert

(1)	name of complainant;
(2)	address of complainant;
(3)	number, rank or description;
(4)	description of employment (e.g. "ranger");
(5)	name of local government;
(6)	description of dog;
(7)	name or description of person attacked;
(8)	description of offence;
(9)	address or description of premises.

0 Delete if not appropriate

Form 4B

Western Australia Dog Act 1976

[Section 291

WARRANT TO SEIZE AND DETAIN DOG

AND TO ENTER PREMISES

of (2

in the State of Western Australia, Justice of the Peace, being satisfied that

a dog '

has or may have attacked a person" or is concerned

in an offence to which section 29 of the Dog Act 1976 applies, namely

hereby grant to (6)

a person authorized to exercise powers conferred by that section

this warrant, hereby authorizing the seizure and detention of that dog

under that Act and authorizing

and
or any Police officer to pursue the dog on, and if required to enter by force, the premises at (8) Signed

Justice of the Peace

Dated

Insert:

(1)	name of Justice of the Peace;
(2)	address of Justice of the Peace;
(3)	description of dog;
(4)	name or description of person attacked;
(5)	description of offence;
(6)	name of person to whom warrant is issued;
(7)	warrant;
name of person authorized to assist in execution of the
(8)	address or description of premises. 71

4680 GOVERNMENT GAZETTE [13 September 1996

Second Schedule amended

9.     The Second Schedule to the principal regulations is amended -

1.	by deleting Part 1; and
2.	in Part 2, by deleting "PART 2

Third Schedule amended

10.     The Third Schedule to the principal regulations is amended -

1. by deleting the Schedule designation "Third Schedule" and substituting the following -

"

THIRD SCHEDULE

[Regulations 6 (3a) and lOB]

PART 1— PROOF OF STERILIZATION

and

2.       by inserting, after Part 1, the Parts following -

"

PART 2— DANGEROUS DOGS TO

BE IDENTIFIED

Specifications:	The collar to be worn by a dangerous dog shall -
(a)  yellow stripes, each stripe being: bear alternating red stripes and

25 mm wide and set at an angle of	45 degrees to the rim of the collar;
and

(b) those colours so that the collar can reflect light from at least one of

be rendered visible in darkness; and

(c)	be made of durable materials; and
(d)	and

be capable of being securely fastened;

be capable of being attached to a

(e)	leash; and
(f)	have a minimum width -
(i) in the case of a dog weighing

less than 10 kg, 15 mm; or

in the case of a dog weighing

(ii)     10 kg or more but less than 2

kg, 25 mm; or

in the case of a dog weighing

(iii)    20 kg or more but less than 4

kg, 40 mm; or

(iv)    in the case of a dog weighing

40 kg or more, 50 mm.

13 September 19961 GOVERNMENT GAZETTE 4681

PART 3— SIGNS TO BE DISPLAYED WHERE A

DANGEROUS DOG IS KEPT

Specifications:	The sign to be displayed at each entrance to premises where a dangerous dog is kept shall -
(a)  200 mm by 300 mm; and

be a white rectangle measuring

(b)	made of a durable material; and
(c)	contain the word "WARNING" in white capital letters 30 mm high on

a red rectangular panel measuring 190 mm by 45 mm near the top of the rectangle referred to in paragraph (a); and

(d) contain below the panel referred to

in paragraph (c) a red circle 160 mm in diameter containing the black

head and neck of a dog 100 mm high wearing the collar provided for in Part 2 of this Schedule; and

(e) contain below the circle referred to in

paragraph (d) the words 'DANGEROUS DOG" in capital

letters 20 mm high.

A black and white version of that sign is shown below.

Dangerous dog sign

WARNING

DANGEROUS

DOG

References to "Council" and "council" amended

11. (1) The provisions of the principal regulations specified in the Table to

this subregulation are amended by deleting "council" wherever it occurs and

substituting in each case the following -

66 local government ".

4682 GOVERNMENT GAZETTE [13 September 1996

TABLE

Regulations 3, 5, 6 (3a) and (5), 7 (1), (2) and (4), 11 and 13 (2), (5)

and (6) and First Schedule (Forms 1 and 7).

(2) Regulations 6 (4) and 13 (3) of the principal regulations are amended

by deleting "Council" and substituting the following -

44 local government ".

subregulation are amended by deleting "Council' wherever it occurs and (3) The provisions of the principal regulations specified in the Table to this

substituting in each case the following -

Local government ".

TABLE

First Schedule (Forms 1, 2, 3, 5, 6, 7 and 8).

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.

III I I I 1001111 1 III I 0I 11 V II

1996001 3 2 G G