Dog (Restricted Breeds) Amendment Regulations (No. 2) 2005 (WA)

5881 GOVERNMENT GAZETTE, WA 9 December 2005

LOCAL GOVERNMENT

LG3o1,

Dog Act 1976

Dog (Restricted Breeds) Amendment

Regulations (No. 2) 2005

Made by the Lieutenant-Governor and Administrator in Executive
Council.

1.            Citation

p. 85, and Gazette 1 April 20051

These regulations are the Dog (Restricted Breeds) Amendment
Regulations (No. 2) 2005.

2.            Commencement

These regulations come into operation on the day that is
3 months after the day on which they are published in the
Gazette.

3.            The regulations amended

The amendments in these regulations are to the Dog (Restricted
Breeds) Regulations (No. 2) 2002*.

[* Published in Gazette 9 August 2002, p. 3883-91.

For amendments to 30 November 2005 see Western
Australian Legislation Information Tables for 2004, Table 4,

9 December 2005 GOVERNMENT GAZETTE, WA 5885

4.           Regulation 7 replaced

Regulation 7 is repealed and the following regulation is inserted instead -

7.           Restricted breed dogs, control of

(1)	If, at a time when a restricted breed dog is not confined in accordance with regulation 6, the dog is not muzzled in such a manner that prevents it from biting a person
or another animal, a person liable for the control of the dog contravenes these regulations.
(2)	If, at a time when a restricted breed dog is not confined in accordance with regulation 6, the dog is not on a leash or chain held by a person who is physically able to control the dog in all circumstances, a person liable for the control of the dog contravenes these regulations.
(3)	If, at a time when a restricted breed dog is not confined in accordance with regulation 6, a person under the age of 18 years is in control of the dog, that person and any other person liable for the control of the dog
contravenes these regulations.

5. Regulation 8A inserted
After regulation 8 the following regulation is inserted

8A. Restricted breed dogs to be sterilised

(1) If requested by an authorised person, the owner of a

restricted breed dog must either -

(a)	immediately satisfy the authorised person that the dog has an ear tattoo conforming to that
provided for in the Third Schedule to the Dog
Regulations 1976;
(b)	satisfy the authorised person, within 24 hours, that the dog is under the age of 6 months; or
(c)

produce to the authorised person, within veterinary surgeon stating that the dog -

(i)     was sterilised or sterile before the request by the authorised person was made;

(ii)     has a physical condition that is likely to cause the dog to die if it is sterilised; or

(iii)     is receiving a course of treatment, other than treatment to maintain or increase fertility, from the veterinary surgeon, and the effectiveness of treatment will

5886 GOVERNMENT GAZETTE, WA 9 December 2005

be reduced if the dog is sterilised during

the course of treatment.

(2) A certificate as described in subregulation (1)(c)(ii)

or (iii) —

(a)	must state the period for which the physical condition or the course of treatment, as the case may be, is expected to last; and
(b)	ceases to have effect for the purposes of this regulation at the end of the period.

(3) The owner of a restricted breed dog who does not obey

a request under subregulation (1) contravenes these
regulations.

6.            Regulation 13 amended

Regulation 13(1) is amended by deleting "6 or 7" and inserting instead —

" 6, 7 or 8A ".

7.            Regulation 14 repealed

Regulation 14 is repealed.

By Command of the Lieutenant-Governor and Administrator,

G. M. PIKE, Clerk of the Executive Council.