Dog Control Act 1979 (SA)

(Reprint No. 1)

SOUTH AUSTRALIA

DOG CONTROL ACT, 1979

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 1 June 1993.

It should be noted that the Act was not revised (for obsolete reference, etc.) by the Commissioner of Statute Revision since its last reprinting on 30 June 1989.

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

Section

1.                    Short title

5.                    Interpretation

PART II

ADMINISTRATION

DIVISION I—COUNCILS, ETC.

6.                    Enforcement of Act

7.                    Appointment of authorized persons

8.                    Area limitations on powers of authorized persons

9.                    Immunity of authorized persons from personal liability

10.                    Registrars

11.                    Public pounds to be maintained by councils

12.                    Accounts and payments to the Minister

DIVISION II—THE DOG ADVISORY COMMITTEE

13.                    The Dog Advisory Committee

14.                    Constitution of the Committee

15.                    Functions of the Committee

DIVISION III—THE FUND

16.                    The Dog Control Statutory Fund

PART III

REGISTRATION

26.                    Offence where dog is unregistered

27.                    Registration

28.                    Issue of registration certificate and disc

29.                    Duration and renewal of registration

30.                    The register

31.                    Replacement of lost registration disc

32.                    Change in registered owner

33.                    Collars and registration discs

PART IV

CONTROL OF DOGS

34.                    Responsibility for control of dogs

35.                    Dogs wandering at large

36.                    Seizure of dogs wandering at large

37.                    Powers of entry of authorized persons

38.                    Authorized person may require name and address

39.                    Dogs in shops, schools, etc.

40.                    Dogs in places where food prepared, etc.

41.                    Dogs chasing vehicles

43.                    Faeces of dogs to be removed from public places

44.                    Dogs attacking, etc., persons or animals

45.                    Dogs attacking persons lawfully entering premises

46.                    Powers to protect other animals from dogs

47.                    Dogs infested with parasites

48.                    Greyhounds to be muzzled

48a.	Controls relating to prescribed breeds
49.	Dogs creating nuisance
50.	Court may order destruction of dog
50a.	Power to seize and detain dog

PART V

MISCELLANEOUS

51.                    Effect of Act on other Acts and remedies

52.                    Civil remedy for injury or loss resulting from actions of dog

53.                    No liability for lawful destruction of dog

54.                    Blind or deaf persons entitled to be accompanied by guide dogs

55.                    Obstruction, etc., of authorized persons

56.                    False or misleading statements

57.                    By-laws limiting numbers of dogs

58.                    Licensing of kennels

59.                    Power to order disposal of dog

60.                    General defence

61.                    Evidence

62.                    Summary offences

63.                    Appropriation of penalties

64.                    Expiation of offences

65.                    Continuing offences

65a.	By-laws
66.	Regulations

APPENDIX 1

LEGISLATIVE HISTORY

APPENDIX 2

DIVISIONAL PENALTIES

DOG CONTROL ACT, 1979

being

Dog Control Act, 1979, No. 48 of 1979

[Assented to 22 March 1979]1

as amended by

Dog Control Act Amendment Act, 1980, No. 57 of 1980 [Assented to 3 July 1980]

Dog Control Act Amendment Act, 1981, No. 58 of 1981 [Assented to 25 June 1981]2

Dog Control Act Amendment Act, 1985, No. 116 of 1985 [Assented to 10 November 1985]

Dog Control Act Amendment Act, 1989, No. 20 of 1989 [Assented to 27 April 1989]3

Dog Control (Dangerous Breeds) Amendment Act 1993 No. 7 of 1993 [Assented to 11 March 1993]4

1 Came into operation 1 July 1979:Gaz. 24 May 1979, p. 1498.

2 Came into operation 1 July 1981:Gaz. 30 June 1981, p. 2035.

3 Came into operation 30 June 1989:Gaz. 15 June 1989, p. 1636.

4 Came into operation 1 June 1993:Gaz. 6 May 1993, p. 1578.

Note: Asterisks indicate repeal or deletion of text. For further explanation see Appendix 1.

An Act to provide for the registration of dogs; to provide for the control and to regulate the keeping of dogs; and for other purposes.

The Parliament of South Australia enacts as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Dog Control Act, 1979.

* * * * * * * * * *

* * * * * * * * * *

* * * * * * * * * *

Interpretation

5. (1) In this Act, unless the contrary intention appears—

"area" means—

(a)	in relation to a council (other than the Outback Areas Community Development Trust)—an area in relation to which that council is constituted;
(b)	in relation to the Outback Areas Community Development Trust—those parts of the State that do not lie within an area referred to in paragraph (a):

"authorized person" means—

(a) a member of the police force;

* * * * * * * * * *

or

(c) a person appointed by a council to be an authorized person under Part II:

"the Committee" means the Dog Advisory Committee established under Part II:

"council" means a municipal or district council:

"district council" means a district council as defined in the Local Government Act, 1934, and

includes the Outback Areas Community Development Trust:

"dog" means an animal of the species canis familiaris but does not include a dingo or cross of a

dingo:

* * * * * * * * * *

"the Fund" means the Dog Control Statutory Fund established under Division III of Part II:

"guard dog" means a dog used in or in connection with a business or other activity not of a

domestic nature principally for the purpose of guarding or protecting a person or property:

"guide dog" means a dog trained and used for the purpose of—

(a)	guiding a person who is wholly or partially blind;
or
(b)	assisting a person who is wholly or partially deaf:

"metropolitan council" means a council declared by regulation to be a metropolitan council:

"municipal council" means a municipal council as defined in the Local Government Act, 1934:

"occupier" in relation to premises means a person who has, or is entitled to, possession or

control of the premises:

"pound" in relation to a council means a public pound established, operated and maintained by that council (alone or jointly with any other council) or a prescribed private pound that may be used by the council under an arrangement between the council and the body operating it:

"premises" includes—

(a)	land;
(b)	a part of any premises or land:

"prescribed breed" means any of the following breeds:

(a)	American Pit Bull Terrier;
(b)	Fila Braziliero;
(c)	Japanese Tosa;
(d)	Dogo Argentina:

"prescribed private pound" means a pound operated—

(a)	by the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;
(b)	by the Animal Welfare League of South Australia, Incorporated;
or
(c)	by any prescribed body:

"registered dog" means a dog that is for the time being registered under Part III and

"unregistered dog" has a correlative meaning:

"registrar" means a person appointed by a council to be a registrar of dogs under Part II in

relation to its area:

"registration disc" means a disc, badge, tag or other device issued or to be issued in respect of a

dog registered under this Act:

"sell" means—

(a)	sell or give in exchange;
(b)	agree or offer to sell or give in exchange;
(c)	have in possession or control, expose, store, consign or deliver for sale or exchange;
or
(d)	cause, suffer or permit an act referred to in paragraph (a), (b) or (c),

and "sale" has a corresponding meaning:

"stock inspector" means an inspector within the meaning of the Stock Diseases Act, 1934.

(2) For the purposes of this Act, a dog is under the effective control of a person if—

(a)	he dog is secured and restrained by means of a chain, cord or leash held by the person;
(b)	the dog has been tethered to a fixed object by the person;
or
(c)	the dog is in close proximity to, and responsive to the commands of, the person.

Note: For definition of divisional penalties see Appendix 2.

PART II

ADMINISTRATION

DIVISION I—COUNCILS, ETC.

Enforcement of Act

6. Each council has a duty to administer and enforce the provisions of this Act within its area.

* * * * * * * * * *

Appointment of authorized persons

7. (1) A council may appoint such authorized persons as it considers necessary for the administration and enforcement of this Act within its area.

(2) At least one of the officers or employees of a council must be a person who holds an appointment as an authorized person under this section.

(3) In the case of each metropolitan council at least one person who holds an appointment as an authorized person for that council must be engaged on a full-time basis in the administration and enforcement of this Act within the area of that council unless the Minister consents to some other arrangement.

(4) A member of a council may not hold an appointment as an authorized person.

(5) A council must provide each authorized person appointed by the council with a certificate of identification in the prescribed form.

(6) An authorized person must, at the request of any person in relation to whom he or she is exercising or proposes to exercise powers under this Act, produce the certificate of identification for inspection by that person.

Area limitations on powers of authorized persons

8. (1) A member of the police force may exercise the powers of an authorized person under this Act in any part of the State.

(2) An authorized person appointed by a council may exercise the powers of an authorized person under this Act—

(a)	within the area of the council;
or
(b)	outside the area of the council for the purposes of seizing or destroying a dog under this Act that has been pursued from within the area of the council.

Immunity of authorized persons from personal liability

9. No personal liability attaches to an authorized person, or any person exercising the powers of an authorized person in pursuance of this Act, for any act or omission in good faith and in the exercise, or purported exercise, of the powers of an authorized person or in the discharge, or purported discharge, of the duties of an authorized person, under this Act.

Registrars

10. (1) Each council must appoint one of its officers to be a registrar of dogs in relation to its

area.

(2) A registrar appointed by a council may, with the approval of the council, delegate to any other person any of the registrar’s powers, functions or duties under this Act.

Public pounds to be maintained by councils

11. (1) Each council (other than the Outback Areas Community Development Trust) must—

(a)	maintain a public pound for the purposes of this Act;
or
(b)	enter into arrangements, satisfactory to the Minister, under which a pound is available to the council for the purposes of this Act.

(2) Any such pound must conform with minimum standards determined by the Minister.

Accounts and payments to the Minister

12. (1) Each council must keep separate accounts of the money received by the council under this Act and the money paid by the council in the administration and enforcement of this Act.

(2) Subject to this Act, all money received by a council under this Act must be expended for the purposes of this Act.

(3) A council must, if so required by the regulations, pay to the Minister the prescribed percentage of the dog registration fees received by the council.

DIVISION II—THE DOG ADVISORY COMMITTEE

The Dog Advisory Committee

13. The Dog Advisory Committee is established.

Constitution of the Committee

14. (1) The Committee is to consist of four members appointed by the Minister of whom—

(a)	one must be chosen by the Minister from a panel of three persons nominated by the Local Government Association of South Australia;
and
(b)	one must be chosen by the Minister from a panel of three persons nominated by the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated.

(1a) A member of the Committee may be appointed by the Governor to be the Chairman of the Committee.

(2) If a panel of nominees is not submitted by a body for the purposes of subsection (1) within 30 days after the receipt by that body of a written request from the Minister for submission of such a panel, the Governor may appoint a person nominated by the Minister to be a member of the Committee and that person will be taken to have been duly appointed upon the nomination of that body.

(3) A member of the Committee holds office at the pleasure of the Minister.

(4) Subject to any direction of the Minister, the Committee may conduct its business in such manner as it thinks fit.

Functions of the Committee

15. The functions of the Committee are—

(a)	to advise the Minister in relation to the making of grants from the Fund;
and
(b)	to advise the Minister on any other matters related to the administration of this Act.

DIVISION III—THE FUND

The Dog Control Statutory Fund

16. (1) The Dog Control Statutory Fund is established at the Treasury.

(2) The Fund consists of—

(a)	the money held by the Central Dog Committee immediately before the commencement of the Dog Control Act Amendment Act, 1981;
(b)	the money received by the Minister under section 12(3);
and
(c)	any interest and accretions arising from investment of the Fund.

(3) The Fund may be applied by the Minister in making grants or payments—

(a)	to the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;
(b)	to the Animal Welfare League of South Australia, Incorporated;
(c)	to any council or organization for maintenance of a pound;
(d)	for the administrative expenses associated with the operations of the Committee;
(e)	for any other purpose approved by the Minister as being in furtherance of the objects of this Act.

(4) The Minister may invest money from the Fund, that is not immediately required for the purposes of the Fund, in such manner as may be approved by the Treasurer.

* * * * * * * * * *

PART III

REGISTRATION

Offence where dog is unregistered

26. (1) Subject to this section, any person who is responsible for the control of a dog is, if the dog is unregistered, guilty of an offence.

Penalty:

(a)	if the dog is of a prescribed breed—Division 7 fine;
(b)	in any other case—Division 10 fine.

(1a) A person responsible for the control of a dog is not guilty of an offence against subsection (1) by reason of the fact that the dog is unregistered if—

(a)	less than 14 days has elapsed since the person first became responsible for the control of the dog;
or
(b)	the dog is travelling with the person and the place at which the dog is or is to be usually kept is not within the State.

(2) This section does not apply—

(a)

to a dog under the age of six months;

(ab)

to a dog that has not been kept in any one area for more than 14 days;

(b)

to a dog held in the custody of—

(i)	the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;
(ia)	the Hearing Dogs Incorporated;

* * * * * * * * * *

(iii)           the Animal Welfare League of South Australia, Incorporated;

(iv)            any prescribed body;

(v)             a registered veterinary surgeon acting as such;

(vi)            any person acting in pursuance of this Act or any other Act;

or
(vii)	any prescribed person or person of a prescribed class.

Registration

27. (1) An application for registration of a dog must be made to the registrar for the area in which the dog is or is to be usually kept.

(2) An application for registration of a dog must—

(a)	be in the prescribed form and contain the prescribed particulars;
(b)	nominate a person of or above the age of 18 years who consents to the dog being registered in his or her name;
(ba)	be accompanied by any document or certificate required under the regulations;
and
(c)	be accompanied by the prescribed registration fee.

(3) Upon application under this section and payment of the prescribed fee, the registrar must register the dog in the name of the person nominated.

* * * * * * * * * *

* * * * * * * * * *

(6) No fee is payable for the registration of a guide dog.

Issue of registration certificate and disc

28. (1) The registrar must, on registering a dog, issue to the person in whose name the dog is registered a certificate of registration and a registration disc conforming with the regulations.

(2) A council may make by-laws requiring that any dog of a class specified in the by-laws that has not been previously registered by that council or tattooed in pursuance of this Act must, on registration by that council, be tattooed in the manner specified in the by-laws.

(3) A dog that is required to be tattooed in pursuance of this Act will be regarded as unregistered until it is so tattooed.

Duration and renewal of registration

29. (1) Registration of a dog under this Act remains in force until the thirtieth day of June next ensuing after registration was granted and may be renewed from time to time for further periods of 12 months.

(2) Where an application for renewal of registration is made before the thirty-first day of August of a year in which the registration expired, the renewal operates retrospectively from the date of expiry.

(3) Registration of a dog under this Act expires if the dog is removed from the area in which it is registered with the intention that it will be usually kept at a place outside that area and 14 days have elapsed since it was removed from that area.

The register

30. (1) Each council must maintain a register, in the prescribed form, containing prescribed information in relation to registrations granted under this Act.

(2) The register must be kept at the office of the council and must be available for public inspection.

(3) The registrar must, on application and payment of the prescribed fee, issue the applicant with a certified extract from the register.

Replacement of lost registration disc

31. The registrar, if satisfied that the registration disc issued in respect of a registered dog has been lost or destroyed, must, on application and payment of the prescribed fee, issue to the applicant another registration disc of the prescribed kind.

Change in registered owner

32. (1) A dog registered in the name of a particular person must, on application in the prescribed manner and form to the registrar of the area in which the dog is to be kept, accompanied by the prescribed fee, be registered in the name of some other person who consents to the dog being registered in his or her name.

(2) A person aggrieved by any entry in the register recording the person in whose name a dog is registered may at any time apply in the prescribed manner to the council for the rectification of the register.

Collars and registration discs

33. (1) If a dog is in any place without a collar around its neck that—

(a)	has legibly and indelibly endorsed or inscribed on it, or an attachment to it, the name and address of the owner of the dog;
(b)	has securely attached to it the registration disc last issued for that dog;
and
(c)	in the case of a guard dog, complies with the requirements of the regulations as to the collars for guard dogs,

the person responsible for the control of the dog is guilty of an offence.

Penalty:

(a)	if the dog is of a prescribed breed—Division 7 fine;
(b)	in any other case—Division 10 fine.

(2) This section does not apply—

* * * * * * * * * *

(b)	to a greyhound that is registered by the Greyhound Racing Control Board;
(c)	to a dog that is under the effective control of a person and is—
(i) being used in the droving or tending of stock or is going to or returning from a place where it will be, or has been, so used;

or

(ii) being trained for, or participating in, organized racing, trials, classes or shows or retrieving, hunting or any other sporting exercise;
(d)	in any case or circumstances of a kind specified in the regulations.

(3) It is a defence to a charge of an offence under subsection (1) if—

(a)	the defendant proves that before the date of the alleged offence a registered veterinary surgeon had certified that the wearing of a collar would be injurious to the health of the dog during a period not exceeding three months specified in the certificate;
and
(b)	the alleged offence took place during the period specified in the certificate.

PART IV

CONTROL OF DOGS

Responsibility for control of dogs

34. (1) Subject to this section, the owner of a dog is responsible for the control of the dog for the purposes of this Act and for the purposes of any civil action in relation to any injury, damage or nuisance caused by the dog, notwithstanding that the owner does not have possession or control of the dog or that another person has possession or control of the dog.

(2) In any proceedings for an offence against this Act or in any civil proceedings in relation to any injury, damage or nuisance caused by a dog—

(a)	where—
(i) it appears from a register maintained under this Act that a dog was registered in the name of a particular person before the material time;

and

(ii) it does not appear from that register that the dog was subsequently (but before the material time) registered in the name of some other person,

the person in whose name the dog was registered will be taken to have been the owner of the dog at the material time (whether or not the registration continued in force until the material time) unless that person proves that the dog was subsequently registered in the name of another person;

or
(b)	where any dog, whether registered or unregistered, is shown to have been habitually in the apparent ownership of any person, that person will, in the absence of proof to the contrary, be taken to have been and to continue to be the owner of that dog.

(3) A person who keeps, or has possession or control of, a dog has, for the purposes referred to in subsection (1), while continuing to keep or continuing in possession or control of the dog, the same responsibility for the control of the dog as the owner of the dog.

(4) In any proceedings for an offence against this Act or in any civil proceedings in relation to any injury, damage or nuisance caused by a dog, any person who was an occupier of premises in which the dog was kept or permitted to live at the material time will be taken to have been keeping, or to have had possession or control of, the dog at that time unless it is proved that another person of or above the age of 18 years was keeping, or had possession or control of, the dog at that time.

(5) In any proceedings for an offence against this Act or in any civil proceedings in relation to any injury, damage or nuisance caused by a dog, it is a defence for a person who was the owner, or the presumptive owner, of the dog at the material time, if that person proves that the dog was at that time in the possession or control of another person without his or her consent.

Dogs wandering at large

35. (1) Where—

(a)	a dog is—
(i) in a place to which the public has access;

or

(ii) in a place without the consent of the occupier;
and
(b)	no person is exercising effective control over the dog,

the dog will be taken to be wandering at large and the person responsible for the control of the

dog is guilty of an offence.

Penalty:

(a)	if the dog is of a prescribed breed—Division 7 fine;
(b)	in any other case—Division 10 fine.

(2) A dog—

(a)	that is being used in the droving or tending of stock or is going to or returning from a place where it will be, or has been, so used;
or
(b)	that is being trained for, or participating in, organized racing, trials, classes or shows or retrieving, hunting or any other sporting exercise that customarily involves the running of one or more dogs,

will not, for that reason, be taken to be wandering at large.

Seizure of dogs wandering at large

36. (1) An authorized person may seize any dog that is wandering at large.

(2) Where a dog is seized under this section, the authorized person may detain it or cause it to be returned to the person responsible for its control.

(3) A person is not entitled to the return of a dog seized under this section unless the person—

(a)

pays—

(i)	the reasonable cost of returning the dog or of maintaining it during the period of detention (or both where appropriate);
(ii)	any charges that are payable by the person under the regulations in relation to the seizure and impounding of the dog;

and

(iii) any other charges or fees relating to the dog that ought to have been, but have not been, paid under this Act;
and
(b)	in the case of an unregistered dog—registers the dog.

(3a) The council for the area in which the dog was seized, or, in any other case, the Crown, may recover any costs, charges or fees referred to in subsection (3) from the person responsible for the control of the dog as a debt in any court of competent jurisdiction whether or not the dog has been returned to the person.

(4) Where a dog is seized under this section and is not forthwith returned to the person responsible for its control, it must be detained—

(a)	in the council’s pound;
or
(b)	in any other manner authorized by regulation.

(5) Where a dog is detained under this section—

(a)	the authorized person must, as soon as practicable after the seizure, exhibit in accordance with the regulations, for public viewing, a legibly written notice containing a general description of the dog, the day and time it was seized, and the place at which the dog is being detained;
(b)	the notice must remain on public exhibition for not less than 72 hours from the time it is first exhibited;
(c)	if the dog is tattooed or wearing a registration disc or a collar bearing the name and address of the owner, or the owner or other person responsible for its control is otherwise readily identifiable, the authorized person causing it to be detained must also cause notice to be given as soon as practicable to that person in the prescribed manner and form;
(d)	the dog must, subject to this section—
(i) if it has been delivered to a private pound—be kept and maintained at the pound for at least 72 hours from the time of its delivery to the pound;

or

(ii) in any other case—be kept and maintained for at least 72 hours from the time when notice was given under paragraph (c), or, if no such notice was given, the time when the notice under paragraph (a) was placed on exhibition;
and
(e)	the dog must, subject to this section, be delivered up to a person who produces satisfactory evidence that he or she is entitled to the possession of the dog.

(6) Where a dog seized and detained under this section is not claimed, or where a person in whose name that dog is registered declines to resume possession of a dog, or any money due in relation to that dog is not paid, an authorized person may cause the dog to be destroyed.

(7) A dog that is liable to be destroyed pursuant to subsection (6) may be disposed of by sale or in any other manner and, if sold, the proceeds of the sale are the property of the council detaining the dog.

(8) An authorized person, if of the opinion that a dog seized under this section is suffering from injury, disease or sickness to such an extent that it is impracticable to maintain the dog, or from any disease or sickness that is of a contagious or infectious kind, may cause it to be destroyed upon the written authority of a registered veterinary surgeon or stock inspector.

(9) Where a dog is found wandering at large and it is, in the opinion of an authorized person, dangerous or impracticable to seize the dog because of its savagery, repeated evasion of attempts at seizure, or other sufficient cause, the dog may be destroyed.

(10) A council or an authorized person may cause a dog to be destroyed at the request in writing of the owner of that dog (whether or not the dog has been seized or detained).

(11) An authorized officer within the meaning of the Animal and Plant Control (Agricultural and Other Purposes) Act, 1986, or an officer or employee of the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated, may exercise the powers of seizure of an authorized person under this section.

Powers of entry of authorized persons

37. (1) An authorized person, who has reasonable grounds to believe that it is necessary to do so for the due enforcement of this Act, may with the consent of an owner or occupier enter any premises.

(2) Where an authorized person satisfies a justice of the peace—

(a)

that entry to any premises is reasonably necessary for the due enforcement of this Act;

and

(b)

that—

(i)	admission has been refused;
(ii)	the premises are apparently unoccupied;

or

(iii) a request for admission might defeat the object of entry,

the justice may by warrant empower that authorized person and any other person named in the

warrant to enter the premises, by force if those premises are not occupied.

* * * * * * * * * *

Authorized person may require name and address

38. A person who is alleged by an authorized person to be concerned in the commission of an offence against this Act must furnish to that authorized person on demand his or her full name and place of residence and any person who fails to do so or who gives a false name or address is guilty of an offence.

Penalty: Division 8 fine.

Dogs in shops, schools, etc.

39. If a dog (not being a guide dog) is—

(a)	in any shop, not being a pet shop or premises used for the purposes of the practice of a registered veterinary surgeon;
(b)	in any school or the grounds of any school, pre-school centre or kindergarten, or other educational institution, without the permission of the principal,

the person liable for the control of that dog is guilty of an offence.

Penalty:

(a)	if the dog is of a prescribed breed—Division 7 fine;
(b)	in any other case—Division 10 fine.

Dogs in places where food prepared, etc.

40. If a dog (not being a guide dog) is in any place where any commodity used for human food or drink, is prepared, exposed or offered for sale, or is sold, the person responsible for the control of that dog is guilty of an offence.

Penalty: Division 10 fine.

Dogs chasing vehicles

41. If a dog rushes at or chases any vehicle the person responsible for the control of that dog is guilty of an offence.

Penalty: Division 9 fine.

* * * * * * * * * *

Faeces of dogs to be removed from public places

43. If a dog (not being a guide dog), while in the control of any person, defecates in any place to which the public has access that person must immediately remove the faeces and dispose of them in a lawful and suitable manner.

Penalty: Division 11 fine.

Dogs attacking, etc., persons or animals

44. (1) If a dog attacks, harasses or chases any person, or any animal or bird owned by or in charge of some other person, the person responsible for the control of that dog is guilty of an offence.

Penalty: Division 7 fine.

(2) A person who sets on or urges any dog to attack, worry or chase any person, or any animal

or bird owned by or in the charge of some other person is guilty of an offence.

Penalty: Division 5 fine or division 5 imprisonment.

(3) It is a defence to a charge of an offence against this section to show that the dog was at the material time being genuinely used in the reasonable defence of any person or property, or for the droving or removal of any animal found trespassing.

(4) It is not necessary for the purposes of any proceedings under this section to show that any actual injury was caused.

(5) Where a person is found guilty of an offence against this section, the court may order, in addition to any penalty, that the person pay compensation for injury or loss resulting from the actions of the dog.

Dogs attacking persons lawfully entering premises

45. (1) If a dog in any premises causes injury to the person or property of any person lawfully

entering those premises, the person responsible for the control of that dog is guilty of an offence.

Penalty: Division 7 fine.

(2) Where a person is found guilty of an offence against subsection (1), the court may order, in addition to any penalty, that the person pay compensation for injury or loss resulting from the actions of the dog.

Powers to protect other animals from dogs

46. (1) A person who owns, is acting under the authority of the owner, or is for the time being lawfully in charge of, any animal or bird may lawfully shoot or otherwise destroy a dog found attacking or harassing that animal or bird if—

(a)	there is no other way of protecting the animal or bird;
and
(b)	notice is given to a member of the police force as soon as practicable thereafter.

(1a) A warden under the National Parks and Wildlife Act, 1972, or an authorized person who finds a dog attacking or harassing a protected animal within the meaning of that Act on a reserve within the meaning of that Act may lawfully shoot or otherwise destroy the dog if there is no other way of protecting the animal.

(2) If a dog, unaccompanied by a person, is found in an enclosed paddock, field, yard or other place in which any horse, cattle, sheep, swine, goats or poultry (in this section referred to as "livestock") are confined, the owner or occupier, or a person acting under his or her authority, may lawfully shoot or otherwise destroy the dog.

(3) In any civil or criminal proceedings, arising out of an attack by a dog upon any animal or bird or the worrying or chasing of livestock, the fact that immediately beforehand the dog was in company with or had been seen continuously and closely following a person gives rise to a presumption in the absence of proof to the contrary, that the person was responsible for the control of that dog.

(4) Where it is reasonably necessary for the protection of livestock confined or depastured on land, the owner or occupier, or a person acting under his or her authority, may lawfully lay poison on that land in baits likely to be taken by dogs wandering at large if—

(a)	the poison is not laid within 20 metres of any road, reserve or public place;
(b)	the poison is not laid in contravention of any other Act;
(c)	the poison is not laid so as to endanger children or indigenous birds or animals;
and
(d)	the person complies with the requirements of the regulations as to the display and service of notices relating to the action taken.

(5) A person who lays poison in baits for dogs except as authorized by subsection (4) is guilty

of an offence.

Penalty: Division 8 fine.

Dogs infested with parasites

47. (1) The person responsible for the control of a dog must take all reasonable precautions to prevent the dog from becoming infested by tapeworms or other parasites, and if the dog appears to be suffering from any infectious or contagious disease must have the dog examined by a registered veterinary surgeon or stock inspector and take all practicable steps to ensure that the condition is controlled or eradicated.

(2) Where an authorized person has reasonable grounds for believing that subsection (1) has not been complied with, the authorized person may, by notice in writing, require the person responsible for the control of the dog to have that dog available at a specified place for veterinary examination at the cost of that person by a registered veterinary surgeon or stock inspector, within the period specified in that notice (not being a period of less than three days).

(3) A person who, without reasonable excuse, fails to comply with the requirements of a notice

under subsection (2) is guilty of an offence.

Penalty: Division 10 fine.

(4) Where after making an examination under this section a registered veterinary surgeon or stock inspector considers that a dog is a danger to health, an authorized person may seize and detain the dog for isolation or destruction.

(5) Where an authorized person proposes to destroy the dog—

(a)	notice in the prescribed manner must be given as soon as practicable to the owner who may, in the prescribed manner and within the prescribed time, appeal against the decision to the nearest local court;
and
(b)	the dog must be detained until that local court either affirms or quashes the decision.

(6) Any expenses incurred by a council in relation to the seizure, detention or destruction of a dog under this section may be recovered from the owner of the dog as a debt.

Greyhounds to be muzzled

48. (1) The person responsible for the control of a greyhound must, except while the greyhound is on premises of which that person is the occupier, cause a muzzle to be securely fixed upon the mouth of the greyhound so as to prevent it from biting any person or animal.

Penalty: Division 10 fine.

(2) This section does not apply to a greyhound at any time when the greyhound is under the effective control of any person and is being trained for, or is participating in, any organized racing, trials or shows.

Controls relating to prescribed breeds

48a. (1) A dog of a prescribed breed must, except while the dog is confined to premises of which the person who is responsible for control of the dog is the occupier—

(a)	have a muzzle securely fixed on its mouth so as to prevent it from biting any person or animal;
and
(b)	be secured and restrained by means of a chain, cord or leash held by a person of or over the age of 18 years.

(2) If subsection (1) is not complied with in relation to a dog, the person responsible for control

of the dog is guilty of an offence.

Penalty: Division 7 fine.

(3) A person who is responsible for the control of a dog of a prescribed breed that is not desexed is guilty of an offence.

Penalty: Division 7 fine.

(4) It is a defence to a charge of an offence against subsection (3) if it is proved that the defendant believed on reasonable grounds that the dog was desexed.

(5) A person who sells or advertises for sale a dog of a prescribed breed is guilty of an offence.

Penalty: Division 7 fine.

Dogs creating nuisance

49. (1) The occupier of any premises where a dog is kept or permitted to remain, who permits that dog, either alone or together with other dogs (whether or not in the same ownership), to be or become a nuisance, is guilty of an offence.

Penalty: Division 9 fine.

(2) A dog will be regarded as a nuisance for the purposes of this section if—

(a)	it injures or endangers the health of any person;
or
(b)	it creates a noise, by barking or otherwise, which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any other premises.

(3) Where a person is convicted of an offence against this section, the court may order the convicted person to take such action to abate the nuisance as may be specified in the order.

(4) A person who fails to comply with an order made against the person under subsection (3) is guilty of an offence.

Penalty: Division 6 fine.

Court may order destruction of dog

50. (1) Where a dog is shown to be unduly mischievous or dangerous, a court may order that the dog be destroyed.

(2) An order for the destruction of a dog may be made by a local court, upon application, or by any court (including a local court) hearing any civil or criminal proceedings in relation to the dog.

(3) Where a court is empowered to make an order for the destruction of a dog, the court may in addition to, or instead of, making such an order, do one or more of the following things:

(a)	provide that the order will be remitted in specified circumstances;
(b)	order the seizure and detention of the dog (whether or not an order is made for destruction);
(c)	make an order requiring that the dog be controlled, or be controlled in a specified manner;
(d)	make an order requiring that the dog be disposed of, or be disposed of in a specified manner;
(e)	authorize a member of the police force or a person appointed by the council to give effect to the order;
(f)	give all necessary directions to make the order effective;
and
(g)	make an order against the person responsible for the control of the dog as to costs incurred in making the order effective and as to the payment of compensation for injury or loss suffered by any person as a result of the actions of the dog.

(4) An order for the destruction of a dog must state—

(a)	to whom it is directed;
(b)	whether or not it may be remitted, and, if so, in what circumstances;
and
(c)	within what period it is to be put into effect.

(5) A person responsible for the control of a dog who fails to comply with an order made

against the person under subsection (3) is guilty of an offence.

Penalty: Division 6 fine.

(6) An order of the kind referred to in this section must be implemented notwithstanding that the ownership of the dog has changed or is not known, or that the dog is no longer being kept in the same place, unless on an application made to the court making the original order, the court is satisfied that the changed circumstances are such that the order may be varied.

Power to seize and detain dog

50a. (1) Where a justice is satisfied, upon the application of an authorized person, that there are reasonable grounds for believing that a dog is unduly mischievous or dangerous, the justice may, by order, authorize the authorized person to seize and detain the dog under this section.

(2) An application for an order under this section may not be made to a justice who is a member, officer or employee of a council.

(3) Where an authorized person believes on reasonable grounds—

(a)	that a dog is unduly mischievous or dangerous;
and
(b)	that urgent action is required in the circumstances,

the authorized person may, without any order or warrant—

(c)	seize and detain the dog;
and
(d)	as may be reasonably necessary in the circumstances—
(i) enter premises;

and

(ii) use force to gain such entry or to seize and detain the dog.

(4) As soon as practicable after a dog has been seized under this section, an application for an order for destruction of the dog must be made.

(5) Where the application for an order for destruction of the dog is refused, the dog must be returned to its owner.

(6) The council may recover from the owner, as a debt, the reasonable costs incurred in the seizure and detention of a dog under this section.

PART V

MISCELLANEOUS

Effect of Act on other Acts and remedies

51. (1) This Act is in addition to, and does not derogate from, the provisions of any other Act.

(2) Except as expressly provided by this Act, this Act does not affect any civil remedy under any other Act or at law.

Civil remedy for injury or loss resulting from actions of dog

52. (1) A person responsible for the control of a dog is liable in damages for any injury or loss resulting from the actions of the dog.

(2) It is not necessary in any proceedings for a party seeking damages in respect of injury or loss resulting from the actions of a dog to show a previous mischievous propensity in the dog or knowledge of any such propensity or that the injury or loss was attributable to any neglect on the part of the person responsible for the control of the dog.

No liability for lawful destruction of dog

53. No action, claim or demand, lies by or in favour of any person against another, and no person commits an offence, by reason only of measures lawfully taken for the destruction of a dog under this Act.

Blind or deaf persons entitled to be accompanied by guide dogs

54. (1) Notwithstanding the provisions of any Act, regulation or by-law—

(a)	a person who is wholly or partially blind or deaf is entitled to be accompanied by a guide dog in any public place or public passenger vehicle;
and
(b)	the occupier or person in charge of a public place or public passenger vehicle must not refuse access to the place or vehicle to any such person on the ground that he or she is accompanied by a guide dog.

Penalty: Division 10 fine.

(2) In this section—

"public place" means premises or a place to which the public is admitted (whether an admission

fee is charged or not):

"public passenger vehicle" means any vehicle or vessel used for the purpose of carrying

passengers for hire or reward.

Obstruction, etc., of authorized persons

55. (1) A person who hinders or obstructs an authorized person in the exercise of powers or the discharge of duties under this Act is guilty of an offence.

Penalty: Division 7 fine.

(2) A person who fails without lawful excuse to produce—

(a)	any certificate or other document issued to the person under this Act;
or
(b)	any dog in the person’s possession or control,

when required to do so by an authorized person or any other person acting under this Act, or fails

to allow that person to make an examination of it on its production is guilty of an offence.

Penalty: Division 7 fine.

(3) A person who interferes with, releases, or removes from lawful custody any dog seized or detained under this Act is guilty of an offence.

Penalty: Division 7 fine.

False or misleading statements

56. A person who makes a statement that is, to that person’s knowledge, false or misleading in a material particular—

(a)	in any application for registration of a dog;
(b)	in any application for the registration of a registered dog in the name of another person;
or
(c)	for the purpose of obtaining any benefit, or avoiding any penalty or obligation, under this Act (either on that person’s own behalf or on behalf of another),

is guilty of an offence.

Penalty: Division 7 fine.

By-laws limiting numbers of dogs

57. (1) A council may make by-laws limiting the number of the dogs that may be kept in premises within the area of the council.

(2) A by-law under subsection (1) may be of general application or limited to a particular class of dogs or a particular part of the council’s area or according to any other factor or a combination of factors.

(3) Subject to subsection (4) and except as authorized by a licence granted under section 58, a person must not keep dogs in any premises contrary to a limitation imposed by by-law under this section.

Penalty: Division 10 fine.

(4) A council may, if satisfied that it is appropriate to do so and that a licence pursuant to section 58 is not required in the circumstances, exempt particular premises from compliance with a limitation imposed by by-law under this section.

(5) An exemption under subsection (4)—

(a)	may be made subject to conditions as determined by the council;
and
(b)	may be varied or revoked by the council.

Licensing of kennels

58. (1) Dogs may be kept in premises in numbers exceeding a limit imposed by by-law under section 57 where the premises are licensed as an approved kennel establishment pursuant to this section.

(2) Subject to subsection (3), a licence to keep an approved kennel establishment may be granted by a council on application made in the manner and form, and accompanied by the fee, prescribed by the council by by-law.

(3) A licence may not be granted under this section unless—

(a)	the council is satisfied that due notice of the proposed use of the land has been given to persons in the locality who may, in the opinion of the council, be affected;
and
(b)	the council has given due consideration to any objections raised by any such person.

(4) A council may make by-laws relating to approved kennel establishments regulating the siting of such establishments, the physical specifications to which they must conform, and the maintenance and securing of such establishments.

(5) A person who keeps dogs in an approved kennel establishment pursuant to a licence under

this section must not contravene, or fail to comply with, a by-law made under subsection (4).

Penalty: Division 10 fine.

(6) A licence under this section—

(a)	has effect for a period of 12 months;
(b)	may be renewed on payment of the fee prescribed by the council by by-law;
(c)	may be cancelled by the council if the council is satisfied that the licensee has contravened, or failed to comply with, a by-law made under subsection (4).

(7) Cancellation of a licence may be effected by notice served on the licensee specifying a period (which must be of at least three months) at the end of which the licence will expire.

(8) An appeal lies to the local court nearest to the office of the council against any decision of the council—

(a)	to refuse to grant a licence under this section;
or
(b)	to cancel a licence under this section.

(9) A court may, on appeal under subsection (8)—

(a)	affirm or quash the decision of the council appealed against;
or
(b)	direct that the council grant a licence to the appellant on such conditions, if any, as the court thinks fit.

Power to order disposal of dog

59. (1) Where a person has been convicted of two prescribed offences committed on separate occasions within the preceding period of two years, a court may order—

(a)	that any dog owned by the person be disposed of;
and
(b)	that the person not acquire any other dog for a specified period or until further order of the court.

(2) An order under subsection (1) may be made by the court convicting the person of a prescribed offence or, on application, by a local court.

(3) A court making an order under subsection (1) for the disposal of a dog may do one or more of the following things:

(a)	require the owner of the dog to dispose of it;
(b)	authorize a member of the police force or a person appointed by the council to seize and dispose of it;
(c)	make orders as to the manner of its disposal (which may, if appropriate, be by destroying it) and the time allowed for that purpose;
(d)	make an order for destruction of the dog in the event of failure to dispose of it by other means;
(e)	make an order against the owner of the dog for payment of costs incurred in giving effect to the orders of the court;
and
(f)	give all other necessary directions to make its orders effective.

(4) If a person against whom an order has been made under subsection (1)(b) contravenes the

order—

(a)	an order may be made under this section for disposal of the dog acquired by the person;
and
(b)	the person is guilty of an offence.

Penalty: Division 6 fine.

(5) In this section—

"own" includes have possession or control, and "owner" has a corresponding meaning:

"prescribed offence" means an offence against—

(a)	section 44;
(b)	section 45;
(c)	section 48a;
(d)	section 49(1);
or
(e)	section 13 of the Prevention of Cruelty to Animals Act 1985 involving ill-treatment of a dog.

General defence

60. It is a defence to a charge of an offence against this Act if it is proved—

(a)	that the contravention occurred without the defendant’s knowledge, consent or connivance;
and
(b)	that the defendant exercised all due diligence to prevent it.

Evidence

61. In any proceeding for an offence against this Act—

(a)

an allegation in the complaint that—

(i)	a person was at the material time responsible for the control of a dog;
(ii)	that any dog was at the material time unregistered;
(iii)	that a dog was a dog of a prescribed breed;

or

(iv) that a dog of a prescribed breed was not at the material time desexed,

will be accepted as proved in the absence of proof to the contrary;

and
(b)	the onus of proving that a dog was duly registered or was at the material time under the age of six months lies on the person making that assertion.

Summary offences

62. An offence against this Act is a summary offence.

Appropriation of penalties

63. (1) A penalty for an offence against this Act that is recovered on the complaint of a council or an officer of a council must be paid to that council.

(2) A penalty for an offence against this Act that is not recovered on the complaint of a council or an officer of a council must be paid into the General Revenue of the State.

Expiation of offences

64. (1) If an authorized person believes on reasonable grounds that a person has committed a prescribed offence against this Act, the authorized person may give that person a written notice that the offence may be expiated—

(a)	where the authorized person is an officer of a council—by payment to the council;
or
(b)	in any other case—by payment at a police station specified in the notice,

of the appropriate expiation fee within 60 days from the date on which the notice was issued.

(2) A notice given under subsection (1) may be given to a person personally, or by post addressed to the person’s last known place of residence or business.

(3) An authorized person may give a notice under subsection (1) notwithstanding that he or she, or some other authorized person, has previously given such a notice in relation to the same offence.

(4) Where an offence is expiated in accordance with a notice under subsection (1), no person may be prosecuted in any court for that offence.

(5) Notwithstanding that the time for payment specified in a notice under subsection (1) has expired, a council may—

(a)	on payment of the prescribed fee for late payment of the expiation fee;
or
(b)	where the council has commenced proceedings in respect of the alleged offence—on payment of the costs and expenses incurred by the council in relation to those proceedings,

accept late payment of the expiation fee.

(6) Where a council has accepted late payment of an expiation fee under subsection (5)—

(a)	no person may be prosecuted in any court for the alleged offence;
and
(b)	any proceedings that have been commenced against a person for the alleged offence must be discontinued.

(7) In this section—

"the appropriate expiation fee" in relation to a prescribed offence, means a fee of the amount

prescribed in relation to that offence.

Continuing offences

65. (1) A person convicted of an offence against any provision of this Act in respect of a continuing act or omission—

(a)	is liable, in addition to the penalty otherwise applicable to that offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence;
and
(b)	is, if the act or omission continues after conviction, guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to that further offence, to a penalty for each day during which the act or omission continued after that conviction of not more than one-tenth of the maximum penalty prescribed for that offence.

(2) Where an offence against a provision of this Act consists of an omission to do something that is required or directed to be done, the omission will, for the purposes of subsection (1), be taken to continue for so long as the thing required or directed to be done remains undone after the expiration of the period for compliance with the requirement or direction.

By-laws

65a. (1) A by-law that a council is empowered to make for the purposes of this Act must be made in accordance with the provisions of Part XXXIX of the Local Government Act, 1934.

(2) he provisions of the Local Government Act, 1934, including the provisions as to the variation of fees, or the prescription of forms, by resolution of a council, apply in relation to a by-law for the purposes of this Act as if it were a by-law under the Local Government Act, 1934.

Regulations

66. (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

(2) Without limiting the generality of subsection (1), those regulations may—

(a) fix fees for the purposes of this Act the amount of which may vary according to prescribed factors;

* * * * * * * * * *

(c)	provide for and prescribe any matter or thing relating to the detention and use of dogs at prescribed private pounds;
(d)	regulate the keeping and control of dogs of a prescribed class;
(e)	prohibit the keeping of dogs of a prescribed class in prescribed places or areas;
(f)	provide for the sterilization or destruction of dogs of a prescribed class in prescribed circumstances;
(g)	prescribe the method of identifying dogs of a prescribed class;
(h)	provide that an apparently genuine document purporting to be a certificate of a prescribed officer as to matters of a prescribed class constitutes proof of the matters stated in it;
and

(i) provide for and prescribe penalties not exceeding, in each case, a division 10 fine for breach of, or non-compliance with, any regulation.

APPENDIX 1

LEGISLATIVE HISTORY

(entries in bold type indicate amendments incorporated since the last reprint)

Repeals

The Dog Control Act, 1979, repealed the Registration of Dogs Act, 1924-1975, and amended the Alsatian Dogs

Act, 1934-1965.

Section 2:

repealed by 20, 1989, Sched.

Section 3:

amended by 58, 1981, s. 3; repealed by 20, 1989, Sched.

Section 4:

repealed by 20, 1989, Sched.

Section 5(1):

definition of "area" substituted by 58, 1981, s. 4(a)

definition of "authorized person" paragraph (b) repealed by

58, 1981, s. 4(b); amended by 20, 1989, Sched.

definition of "the Committee" substituted by 58, 1981, s. 4(c)

definition of "council" substituted by 58, 1981, s. 4(d)

definition of "district council" substituted by 58, 1981, s. 4(e)

definition of "dog" substituted by 20, 1989, s. 3(a)

definition of "dog control warden" repealed by 58, 1981, s. 4(f)

definition of "the Fund" inserted by 58, 1981, s. 4(f)

definition of "guard dog" inserted by 20, 1989, s. 3(b)

definition of "guide dog" inserted by 58, 1981, s. 4(f); amended

by 116, 1985, s. 2

definition of "metropolitan council" inserted by 20, 1989, s. 3(c)

definition of "pound" amended by 20, 1989, Sched.

definition of "premises" substituted by 20, 1989, Sched.

definition of "prescribed breed" inserted by 7, 1993, s. 3(a)

definition of "prescribed private pound" amended by 20, 1989,

s. 3(d)

definition of "registered dog" amended by 20, 1989, Sched.

definition of "registrar" substituted by 58, 1981, s. 4(g)

definition of "registration disc" inserted by 20, 1989, s. 3(e)

definition of "sell" inserted by 7, 1993, s. 3(b)

Section 5(2):	amended by 20, 1989, Sched.
Section 6(1):	amended by 20, 1989, Sched.
Section 6(2):	repealed by 58, 1981, s. 5
Section 7:	substituted by 58, 1981, s. 6
Section 7(3):	amended by 20, 1989, s. 4, Sched.
Section 7(4) - (6):	amended by 20, 1989, Sched.
Section 8(2):	amended by 20, 1989, Sched.
Section 9:	amended by 20, 1989, Sched.
Section 10(1):	amended by 20, 1989, Sched.
Section 10(2):	amended by 58, 1981, s. 7; 20, 1989, Sched.
Section 11:	substituted by 58, 1981, s. 8
Section 11(1):	amended by 20, 1989, Sched.
Section 12(1):	amended by 20, 1989, Sched.
Section 12(2):	substituted by 58, 1981, s. 9; amended by 20, 1989, Sched.
Section 12(3):	inserted by 58, 1981, s. 9; amended by 20, 1989, Sched.
Heading preceding section 13:	substituted by 58, 1981, s. 10
Section 13:	substituted by 58, 1981, s. 11; 20, 1989, Sched.
Section 14(1):	substituted by 58, 1981, s. 12(a); amended by 20, 1989, Sched.
Section 14(1a):	inserted by 58, 1981, s. 12(a); amended by 20, 1989, Sched.
Section 14(2):	amended by 20, 1989, Sched.
Section 14(3) and (4):	inserted by 58, 1981, s. 12(b); amended by 20, 1989, Sched.
Section 15:	substituted by 58, 1981, s. 13
Heading preceding section 16:	inserted by 58, 1981, s. 13
Section 16:	substituted by 58, 1981, s. 13
Section 16(1):	substituted by 20, 1989, Sched.
Section 16(2):	amended by 20, 1989, Sched.
Section 16(3):	substituted by 20, 1989, s. 5
Section 16(4):	amended by 20, 1989, Sched.
Sections 17 - 25:	repealed by 58, 1981, s. 13
Section 26(1):	amended by 20, 1989, Sched.; 7, 1993, s. 4
Section 26(1a):	inserted by 20, 1989, s. 6(a)
Section 26(2):	amended by 58, 1981, s. 14; 116, 1985, s. 3; 20, 1989, s. 6(b),

Sched.

Section 26(2)(b)(ii):	repealed by 20, 1989, s. 6(c)
Section 27(1):	substituted by 58, 1981, s. 15(a); 20, 1989, s. 7(a)
Section 27(2):	amended by 20, 1989, s. 7(b), Sched.
Section 27(3):	amended by 20, 1989, Sched.
Section 27(4):	amended by 58, 1981, s. 15(b); repealed by 20, 1989, s. 7(c)
Section 27(5):	amended by 58, 1981, s. 15(c); repealed by 20, 1989, s. 7(c)
Section 27(6):	amended by 20, 1989, s. 7(d), Sched.
Section 28:	substituted by 58, 1981, s. 16; amended by 20, 1989, Sched.
Section 29:	substituted by 58, 1981, s. 17
Section 29(1) and (2):	amended by 20, 1989, Sched.
Section 29(3):	inserted by 20, 1989, s. 8
Section 30:	substituted by 58, 1981, s. 18; amended by 20, 1989, Sched.
Section 31:	substituted by 20, 1989, Sched.
Section 32(1):	substituted by 58, 1981, s. 19(a); amended by 20, 1989, Sched.
Section 32(2):	amended by 58, 1981, s. 19(b)
Section 33(1):	amended by 58, 1981, s. 20(a); substituted by 20, 1989, s. 9(a);

amended by 7, 1993, s. 5

Section 33(2):

amended by 58, 1981, s. 20(b), (c); 20, 1989, s. 9(c), Sched.

Section 33(2)(a):

repealed by 20, 1989, s. 9(b)

Section 33(3):

inserted by 58, 1981, s. 20(d); amended by 20, 1989, Sched.

Section 34:

amended by 20, 1989, Sched.

Section 35(1):

substituted by 20, 1989, Sched.; amended by 7, 1993, s. 6

Section 35(2):

amended by 20, 1989, Sched.

Section 36(1) - (3):

substituted by 20, 1989, s. 10(a)

Section 36(3a):

inserted by 20, 1989, s. 10(a)

Section 36(4):

amended by 58, 1981, s. 21(a); 20, 1989, Sched.

Section 36(5):

amended by 58, 1981, s. 21(b); 20, 1989, s. 10(b), Sched.

Section 36(6):

amended by 20, 1989, Sched.

Section 36(7):

amended by 58, 1981, s. 21(c); 20, 1989, Sched.

Section 36(8):

amended by 20, 1989, Sched.

Section 36(9):

amended by 58, 1981, s. 21(d); substituted by 20, 1989, Sched.

Section 36(11):

amended by 20, 1989, Sched.

Section 37(1) and (2):

substituted by 20, 1989, Sched.

Section 37(3):

inserted by 58, 1981, s. 22; repealed by 20, 1989, s. 11

Section 38:

amended by 20, 1989, Sched.

Section 39:

amended by 58, 1981, s. 23; 20, 1989, Sched.; 7, 1993, s. 7

Section 40:

amended by 58, 1981, s. 24; 20, 1989, Sched.

Section 41:

amended by 20, 1989, Sched.

Section 42:

repealed by 20, 1989, s. 12

Section 43:

amended by 58, 1981, s. 25; 20, 1989, Sched.

Section 44(1):

amended by 20, 1989, Sched.

Section 44(2):

amended by 20, 1989, s. 13(a), (b)

Section 44(3) and (4):

amended by 20, 1989, Sched.

Section 44(5):

inserted by 20, 1989, s. 13(c)

Section 45(1):

amended by 20, 1989, Sched.

Section 45(2):

amended by 20, 1989, s. 14, Sched.

Section 46(1):

substituted by 20, 1989, Sched.

Section 46(1a):

inserted by 20, 1989, s. 15(a)

Section 46(2):

substituted by 20, 1989, Sched.

Section 46(3):

amended by 20, 1989, Sched.

Section 46(4):

amended by 20, 1989, s. 15(b), Sched.

Section 46(5):

substituted by 20, 1989, s. 15(c)

Section 47(1) - (5):

amended by 20, 1989, Sched.

Section 47(6):

inserted by 58, 1981, s. 26

Section 48(1):

amended by 20, 1989, Sched.; 7, 1993, s. 8

Section 48a:

inserted by 7, 1993, s. 9

Section 49(1) and (2):

amended by 20, 1989, Sched.

Section 49(3):

substituted by 58, 1981, s. 27; amended by 20, 1989, Sched.

Section 49(4):

inserted by 58, 1981, s. 27; substituted by 20, 1989, s. 16

Section 50(2):

amended by 20, 1989, Sched.

Section 50(3):

amended by 20, 1989, s. 17(a), Sched.

Section 50(4):

amended by 20, 1989, Sched.

Section 50(5):

substituted by 20, 1989, s. 17(b)

Section 50(6):

amended by 20, 1989, Sched.

Section 50a:

inserted by 58, 1981, s. 28

Section 50a(1):

amended by 20, 1989, s. 18(a)

Section 50a(2):

amended by 20, 1989, Sched.

Section 50a(3):

substituted by 20, 1989, s. 18(b)

Section 50a(4) and (5):

amended by 20, 1989, Sched.

Section 51(1):

amended by 20, 1989, s. 19, Sched.

Section 51(2):

amended by 20, 1989, Sched.

Section 52:

substituted by 20, 1989, s. 20

Section 53:

amended by 20, 1989, Sched.

Section 54:

substituted by 58, 1981, s. 29

Section 54(1):

amended by 116, 1985, s. 4; 20, 1989, Sched.

Section 55(1):

amended by 20, 1989, Sched.

Section 55(2):

substituted by 20, 1989, Sched.

Section 55(3):

amended by 20, 1989, Sched.

Section 56:

amended by 20, 1989, Sched.

Section 57:

amended by 58, 1981, s. 30; substituted by 20, 1989, s. 21

Section 58:

amended by 57, 1980, s. 2; 58, 1981, s. 31; substituted by

20, 1989, s. 21

Section 59:

substituted by 20, 1989, s. 22

Section 59(5):

definition of "prescribed offence" substituted by 7, 1993, s. 10

Section 60:

substituted by 20, 1989, Sched.

Section 61:

amended by 20, 1989, s. 23, Sched.; 7, 1993, s. 11

Section 62:

substituted by 20, 1989, Sched.

Section 63:

amended by 20, 1989, Sched.

Section 64:

amended by 58, 1981, s. 32; substituted by 20, 1989, s. 24

Section 65:

amended by 20, 1989, Sched.

Section 65a:

inserted by 57, 1980, s. 3; substituted by 20, 1989, s. 25

Section 66(2):

amended by 20, 1989, Sched.

Section 66(2)(b):

repealed by 58, 1981, s. 33

APPENDIX 2

DIVISIONAL PENALTIES

At the date of publication of this reprint divisional penalties are, as provided by section 28a of the Acts

Interpretation Act, 1915, as follows:

Division Maximum Maximum

imprisonment fine

1	15 years	$60 000
2	10 years	$40 000
3	7 years	$30 000
4	4 years	$15 000
5	2 years	$8 000
6	1 year	$4 000
7	6 months	$2 000
8	3 months	$1 000

9	-	$500
10	-	$200
11	-	$100
12	-	$50

Note: This appendix is provided for convenience of reference only.