Dog Regulations 1976 (WA)
Western Australia
Dog Act 1976
These regulations were repealed by the
Western Australia
Western Australia
Dog Act 1976Dog Act 1976
These regulations may be cited as the
A reference in these regulations to
A person who is authorised by a local government to exercise any power under the Act shall be furnished with a certificate in the form of Form 1 in the First Schedule.
(1) In this regulation —
(2A) For the purposes of section 14(4) of the Act, the fees set out in item 1A of the Table are payable.
(2) For the purposes of section 15(1) of the Act, the amount of the registration fee is set out in item 1 of the Table.
(3) For the purposes of section 15(3) of the Act, the concessional rates of registration fee set out in item 2 of the Table are payable.
1A. | (a)... Inspection of register.................. (b).. Certified copy of entry in the register........................................ | 0.50 1.00 |
1. | (a)... Registration of unsterilized dog for one year (unless owned by pensioner) .................................. (b).. Registration of pack of foxhounds to which section 7(3)(d) of the Act applies (paid in lieu of separate registration fee for each hound) Note: s. 15(4), (5) and (6) of Act | 50.00 40.00 per pack |
2. | (a)... Registration of unsterilized dog owned by pensioner for one year .................................................... .................................................... | 25.00 |
(b).. Registration of sterilized dog for one year —
| 10.00 20.00 | |
(c) Registration of sterilized dog for 3 years — (i)... for dog owned by pensioner
| 21.25 42.50 | |
(d) Registration of unsterilized dog for 3 years —
| 60.00 120.00 | |
(e) Concessional rate of registration fee for dogs to which section 7(3)(e) of the Act applies (paid in lieu of a separate registration fee in respect of each dog) .................. Note: s. 15(5) and (6) of Act | 200.00 per establishment |
The charge which a local government may require an owner to pay under section 33M of the Act shall be —
(a) if determined by the local government having regard to the actual expense incurred, an amount not exceeding $100; and
(b) if required to be paid as a fixed charge at a prescribed amount, $50.
(1) A local government may permit dogs to be registered for a 3 year period.
[(2) deleted]
(1) Refunds are only available under this regulation in respect of registration years commencing on or after 1 November 1995.
[(2) deleted] (3) If a dog that has been registered as an unsterilized dog is sterilized during a registration period, the owner is entitled to a refund for that registration period of an amount equal to —
(a) if the dog is registered for 1 year, the difference between the registration fee paid for that year and the registration fee which would have been payable for a sterilized dog; or
(b) if the dog is registered for 3 years and —
(i) is sterilized in the first of those 3 years, the difference between the registration fee paid for those 3 years and the 3‑year registration fee that would have been payable for a sterilized dog; or
(ii) is sterilized in the second of those 3 years, the difference between two‑thirds of the registration fee paid for those 3 years and two‑thirds of the 3‑year registration fee that would have been payable for a sterilized dog; or
(iii) is sterilized in the third of those 3 years, the difference between one‑third of the registration fee paid for those 3 years and one‑third of the 3‑year registration fee that would have been payable for a sterilized dog.
(1) An application for the registration of a dog shall be made in the form of Form 2 in the First Schedule.
(2) Persons intending to claim concessional rates of registration fee may be required to furnish satisfactory evidence as to eligibility.
(3) Where in respect of any dog of either sex —
(a) there is produced to the registration officer a certificate signed by a registered veterinary surgeon, or a statutory declaration stating, that the dog has been effectively sterilized; or
(b) the registration officer is satisfied as mentioned in subregulation (3a),
the fee payable in respect of the registration of that dog shall be assessed at the appropriate concessional rate.
(3a) The registration officer acting on behalf of a local government may take it to be proven that a dog has been sterilized if he is satisfied that a tattoo conforming to that provided for in the Third Schedule has been applied to an ear of the dog.
(4) A certificate of registration shall be issued by the local government substantially in the form of Form 2 setting out a copy of the particulars therein furnished.
(5) The registration tag shall show the registration number, the name of the local government by which it is issued, and the year of expiry of the registration to which it relates.
For the purposes of section 7(3)(b)(iii) of the Act the Western Australian Greyhound Racing Association established under the
For the purposes of section 36(3) of the Act, the prescribed time is within 7 days of the service on the owner of a notice of the decision the subject of the application for review.
The notice of change of ownership to be furnished under section 16A of the Act by the registered owner of a dog shall be in writing setting out the following particulars —
(a) the name and address of the person transferring ownership;
(b) the name and residential address of the new owner; and
(c) the registered number of the dog,
and shall be dated and signed by the registered owner.
For the purposes of section 29 of the Act —
the Dogs Refuge Home (W.A.) Inc.
shall be a prescribed body.
Notice of the seizure or detention of a dog pursuant to section 29(8)(a) or (8a) of the Act shall be given in writing in the form of Form 4 in the First Schedule.
The maximum length of a chain, cord or leash for the purposes of sections 31(1) and 32(2)(c) of the Act is 2 metres measured from the point of attachment to the collar of the dog.
(1) For the purpose of section 33F(5) of the Act, 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 —
(i) the local government;
(ii) an authorised person acting on behalf of the local government; or
(iii) a person specifically authorised by the local government to make a declaration under section 33E of the Act,
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.
(2) The owner of a dog which is not a dangerous dog must not put on the firstmentioned dog, or allow that dog to wear, a collar referred to in subregulation (1)(a) or a collar resembling such a collar.
Penalty: $1 000.
(3) A person must not display a sign resembling the sign referred to in subregulation (1)(b) on premises other than premises where a dangerous dog is kept.
Penalty: $1 000.
Where a local government proposes to destroy a dog pursuant to section 36(3) of the Act the owner shall be given a notice in writing in the form of Form 5 in the First Schedule.
A complaint as to a nuisance under section 38 of the Act shall be made in the form of Form 6 in the First Schedule.
(1) A complaint seeking a warrant in respect of an offence to which section 29 of the Act applies may be made in the form of Form 4A in the First Schedule.
(2) A warrant in respect of an offence to which section 29 of the Act applies may be issued in the form of Form 4B in the First Schedule.
(1) The offences created by a provision specified in column 2 of the table set out in this regulation are prescribed pursuant to section 45A of the Act as offences in relation to which a modified penalty applies, and the amount appearing in column 4 of that table directly opposite an offence is the prescribed modified penalty payable in respect of that offence if dealt with pursuant to this regulation in respect of a dog which is not a dangerous dog, but if the dog is a dangerous dog the amount appearing in column 5 is the prescribed modified penalty in respect of that offence.
$ | $ | |||
1. | 7(1) | 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) & (b) | Dangerous dog not on leash in exercise area | 200 | |
13. | 33L(1)(a) & (b) | Dangerous dog not under continuous supervision | 200 | |
14. | 33L(1)(a) & (b) | Dangerous dog in specifically prohibited area | 200 | |
15. | 33L(1)(a) & (b) | Dangerous dog enclosure requirement not complied with | 200 | |
16. | 33L(1)(a) & (b) | Dangerous dog not wearing specified collar | 200 | |
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(1) | Failure to take steps against parasites | 50 | |
23. | 38(1a) | 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 |
(1a) The offences created by regulation 10B(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.
(2) Where an authorised person has reason to believe that a person has committed any such offence against the Act as is prescribed by this regulation, he may serve on that person a notice in the form of Form 7 in the First Schedule (in this regulation called
an infringement notice ) informing the person that, if he does not wish to have a complaint of the alleged offence heard and determined by a court, he may pay to the local government specified in the notice, within the time therein specified, the amount prescribed as the modified penalty.(3) An infringement notice may be served on an alleged offender personally or by posting it to his address as ascertained from him, at the time of or immediately following the occurrence giving rise to the allegation of the offence, or as recorded by the local government pursuant to the Act.
(4) Where a person who receives an infringement notice fails to pay the prescribed penalty within the time specified in the notice, or within such further time as may in any particular case be allowed, he is deemed to have declined to have the allegation dealt with by way of a modified penalty.
(5) An alleged offender on whom an infringement notice has been served may, within the time specified in that notice or such further time as may in any particular case be allowed, send or deliver to the local government specified in that notice the amount of the prescribed penalty, with or without a reply as to the circumstances giving rise to the allegation, and then —
(a) the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgement; or
(b) the local government, or an authorised person acting on behalf of the local government, may withdraw the infringement notice under subregulation (6) and refund the amount so paid.
(6) An infringement notice may, whether or not the prescribed penalty has been paid, be withdrawn by the local government, or an authorised person acting on behalf of the local government, by the sending of a notice in the form of Form 8 in the First Schedule to the alleged offender at the address specified in the notice or his last known place of residence or business and in that event any amount received by way of modified penalty shall be refunded and any acknowledgement of the receipt of that amount shall for the purposes of any proceedings in respect of the alleged offence be deemed not to have been issued.
(7) A person appointed under section 29(1) of the Act to exercise the power of an authorised person to serve infringement notices under subregulation (2) is not eligible to be appointed under that subsection to exercise the power of an authorised person to withdraw infringement notices under subregulation (6).
Form 1
Western Australia
[s. 11]
CERTIFICATE OF AUTHORISATION
This is to certify that
has been appointed by the
to exercise the powers of a
and has been authorised for the purposes of the
.................................................................................................................................
in accordance with the provisions of that Act.
Signed ......................................... Clerk of the local government.
Signature of person authorised ......................................................
Dated ....................................................
Valid until .............................................
Form 2
Western Australia
[s. 15 and 16]
..............................................................
APPLICATION FOR A CERTIFICATE OF REGISTRATION
I,
the owner of the dogs particulars of which are listed in this application
OR
I,
as the duly authorised agent of
of
particulars of which are listed in this application declare that —
(a) I am / the owner is not under 18 years of age; and
(b) the particulars shown in this application are true to the best of my knowledge and belief,
and I certify, for the purposes of section 16(1a) of the Act, that means exist on the premises at which the dog will ordinarily be kept for effectively confining the dog within those premises.
Reg. No. | Premises where dog will ordinarily be kept | Name of dog | Sex | Colour and distinguishing marks | Breed or kind of dog | Concession claimed |
(Signature) ..............................................
Dated this ......................... day of ............................... 20......
Delete whichever does not apply.
For office use only
This registration is valid until ................................................................................
unless cancelled pursuant to section 16 of the Act.
Date of issue ............................ Signature of registration officer ..........................
Form 4
Western Australia
[s. 29]
NOTICE OF THE SEIZURE OR DETENTION OF A DOG
(Place) ...........................................................................
(Date) ............................................................................
To
TAKE NOTICE that a dog, of which you are the owner, has been seized pursuant to the powers conferred by the
.................................................................................................................................
If not claimed within 72 hours from the date of the service of this notice, the dog will be destroyed or otherwise disposed of pursuant to that Act.
The registered number of the dog is ......................................................................
...................................................................
(to be signed by a member of the Police Force,
or an authorised person).
Form 4A
Western Australia
[section 29]
I,
of
in the State of Western Australia, make oath and say as follows:
Iam 1.
(3) a Police officer, Å
appointedbythe (5) ,Å and authorised
to exercise the powers conferred by section 29 of the
2. I believe on reasonable grounds that a dog
has or may have attacked a person
orisconcernedinanoffencetowhichsection29oftheDogActappliesnamely (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
Å to which admission has been or may be refused;
Å which are apparently unoccupied;
Å 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
Sworn at this day of by the said deponent before me | .......................................... |
(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.
Å Delete if not appropriate
Form 4B
Western Australia
[section 29]
I,
of
in the State of Western Australia, Justice of the Peace, being satisfied that a dog
has or may have attacked a person
hereby grant to
a person authorised to exercise powers conferred by that section
this warrant, hereby authorising the seizure and detention of that dog under that Act and authorising
and
or any Police officer to pursue the dog on, and if required to enter by force, the premises at
Signed ....................................................
Justice of the Peace
Dated ......................................................
(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) name of person authorised to assist in execution of the warrant;
(8) address or description of premises.
Form 5
Western Australia
[s. 36]
NOTICE OF THE PROPOSED DESTRUCTION OF A DOG FOR HEALTH REASONS
(Date) ..................................................................
To
TAKE NOTICE that a dog, of which you are alleged to be the owner, has been seized for health reasons pursuant to section 36 of the
and the dog will be destroyed after the expiry of the period of 7 days from the date of the service of this notice unless you apply to the State Administrative Tribunal for a review of the decision within that time.
The registered number of the dog is ..............................................
Dated the ................................... day of ................................................ 20...........
........................................................
(to be signed by an authorised person).
Form 6
Western Australia
[s. 38]
COMPLAINT AS TO A NUISANCE CREATED BY A DOG
To
TAKE NOTICE that a dog, believed to be a .....................................................
has created a nuisance by
.................................................................................................................................
.................................................................................................................................
the dog is believed to be owned by
and is ordinarily kept at
and I
request the local government to institute proceedings if the nuisance does not stop and undertake —
(a) to give full information to the local government as to this matter; and
(b) to appear in court and give evidence as a witness to the truth of this complaint.
Dated the .................................... day of ................................................ 20...........
........................................................
(to be signed by the complainant).
NOTE: This form is to be completed and signed by each complainant.
Form 7
Western Australia
INFRINGEMENT NOTICE
No. ...................
Date ...../...../.....
To
It is alleged that at
on the ............................... day of .......................................................... 20............
you committed an offence in that you
.................................................................................................................................
.................................................................................................................................
........................................................
(to be signed by an authorised person).
You may dispose of this matter —
(a) by payment of a penalty of
(5) $....................... within 21 days of the date of this Notice to(6) ....................................................................; or(b) by having it dealt with by a court.
If this modified penalty is not paid within the time specified, court proceedings may be taken against you.
Form 8
Western Australia
WITHDRAWAL OF INFRINGEMENT NOTICE
No. ...................
Date ...../...../.....
To
Infringement Notice No. ................................................. dated ........./........./........
for the alleged offence of
.................................................................................................................................
.................................................................................................................................
............................................... Penalty
Nofurtheractionwillbetaken. Itisproposedtoinstitutecourtproceedingsfortheallegedoffence.
........................................................
(to be signed by an authorised person).
Delete whichever does not apply
[Regulations 6(3a) and 10B]
Specifications: Ear tattoo to consist of a broken circle having a diameter of not less than 8 mm, with a bisecting broken line not less than 15 mm in length.
Specimen:
Specifications: The collar to be worn by a dangerous dog shall —
(a) bear alternating red stripes and yellow stripes, each stripe being 25 mm wide and set at an angle of 45 degrees to the rim of the collar; and
(b) reflect light from at least one of those colours so that the collar can be rendered visible in darkness; and
(c) be made of durable materials; and
(d) be capable of being securely fastened; and
(e) be capable of being attached to a leash; and
(f) have a minimum width —
(i) in the case of a dog weighing less than 10 kg, 15 mm; or
(ii) in the case of a dog weighing 10 kg or more but less than 20 kg, 25 mm; or
(iii) in the case of a dog weighing 20 kg or more but less than 40 kg, 40 mm; or
(iv) in the case of a dog weighing 40 kg or more, 50 mm.
Specifications: The sign to be displayed at each entrance to premises where a dangerous dog is kept shall —
(a) be a white rectangle measuring 200 mm by 300 mm; and
(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.
24 Dec 1976 p. 5092‑7 | 24 Dec 1976 | |
Untitled regulations | 16 Dec 1977 p. 4660 | 16 Dec 1977 |
18 Sep 1987 p. 3648‑50 | 18 Sep 1987 | |
30 Sep 1988 p. 4003 | 30 Sep 1988 | |
29 Sep 1995 p. 4669‑71 | 29 Sep 1995 | |
13 Sep 1996 p. 4675‑82 | 14 Sep 1996 (see r. 2 and | |
15 Aug 1997 p. 4682‑4 | 15 Aug 1997 | |
30 Dec 2004 p. 7013-14 | 1 Jan 2005 (see r. 2 and | |
21 Dec 2010 p. 6762 | r. 1 and 2: 21 Dec 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Dec 2010 (see r. 2(b)) | |
23 Aug 2013 p. 4007‑9 | r. 1 and 2: 23 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Aug 2013 (see r. 2(b)) | |
1 Oct 2013 p. 4545-6 | r. 1 and 2: 1 Oct 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Oct 2013 (see r. 2(b)) | |
an infringement notice............................................................................................. 13(2)
pensioner...................................................................................................................... 4(1)
the Act................................................................................................................................ 2
0
0
0