Domestic Animals Amendment Act 2014 (ACT)

Case

Domestic Animals Amendment Act 2014

A2014-39

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4Offences against Act—application of Criminal Code etc
Section 4A, note 1  2

5            New section 49A  2

6            Section 50  3

7           Section 50A heading  5

8            Section 50A (1) and (2)  6

9            New section 50A (5)  7

Schedule 1 Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005  8

Domestic Animals Amendment Act 2014

A2014-39

An Act to amend the Domestic Animals Act 2000, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Domestic Animals Amendment Act 2014.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Domestic Animals Act 2000.

    NoteThis Act also amends the Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005 (see sch 1).

  4. Offences against Act—application of Criminal Code etc
    Section 4A, note 1

    omit

    ·     s 50A (Allowing dangerous dog to harass etc)

    substitute

    ·     s 49A (Dog attacks or harasses person or animal)

    ·     s 50 (Dog attacks person or animal causing serious injury)

    ·     s 50A (Dangerous dog attacks or harasses person or animal)

  5. New section 49A

    insert

49ADog attacks or harasses person or animal

(1)A person commits an offence if—

(a)the person is the carer for a dog; and

(b)the dog attacks or harasses another person or animal.

Maximum penalty:  50 penalty units.

(2)A person commits an offence if—

(a)the person is the keeper of a dog; and

(b)the dog attacks or harasses another person or animal.

Maximum penalty:  50 penalty units.

(3)An offence against this section is a strict liability offence.

(4)It is a defence to a prosecution for an offence against this section if the defendant proves that—

(a)the person or animal provoked the dog; or

(b)the person or animal was attacked or harassed because the dog came to the aid of a person or animal the dog could be expected to protect; or

(c)if the attack or harassment was on premises occupied by the defendant—the person was on the premises without lawful excuse.

(5)Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that someone else was, at the time of the offence, the carer for the dog.

NoteThe defendant has a legal burden in relation to the matters mentioned in ss (4) and (5) (see Criminal Code, s 59).

  1. Section 50

    substitute

  2. Dog attacks person or animal causing serious injury

    (1)A person commits an offence if—

    (a)the person is the carer for a dog; and

    (b)the person does or omits to do something; and

    (c)the act or omission results in the dog attacking another person or animal; and

    (d)the attack causes serious injury to the other person or animal; and

    (e)the person intends the attack to cause, or is reckless about the attack causing, serious injury to the other person or animal.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

    (2)A person commits an offence if—

    (a)the person is the keeper of a dog; and

    (b)the person does or omits to do something; and

    (c)the act or omission results in the dog attacking another person or animal; and

    (d)the attack causes serious injury to the other person or animal; and

    (e)the person intends the attack to cause, or is reckless about the attack causing, serious injury to the other person or animal.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

    (3)It is a defence to a prosecution for an offence against this section if the defendant proves that—

    (a)the person or animal provoked the dog; or

    (b)the person or animal was attacked or harassed because the dog came to the aid of a person or animal the dog could be expected to protect; or

    (c)if the attack or harassment was on premises occupied by the defendant—the person was on the premises without lawful excuse.

    (4)Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that someone else was, at the time of the offence, the carer for the dog.

    NoteThe defendant has a legal burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code, s 59).

    (5)If a person charged with an offence under this section is convicted, or found guilty, of the offence—

    (a)the court must order the dog be destroyed, unless satisfied there are special circumstances that justify not doing so; or

    (b)if the court is satisfied that there are special circumstances—

    (i)declare the dog to be a dangerous dog; and

    (ii)order the dog and its owner complete an approved course in behavioural or socialisation training for the dog.

    (6)In this section:

    serious injury, of a person or animal, means any injury (including the cumulative effect of  more than 1 injury) that—

    (a)endangers, or is likely to endanger, the person or animal’s life; or

    (b)is, or is likely to be, a significant or longstanding injury.

  3. Section 50A heading

    substitute

50ADangerous dog attacks or harasses person or animal

  1. Section 50A (1) and (2)

    substitute

    (1)A person commits an offence if—

    (a)the person is the keeper of a dangerous dog; and

    (b)the person does or omits to do something; and

    (c)the act or omission results in the dog attacking or harassing another person or animal.

    Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

    (2)   A person commits an offence if—

    (a)the person is a keeper of a dangerous dog; and

    (b)the person does or omits to do something; and

    (c)the act or omission results in the dog attacking another person or animal; and

    (d)the attack causes serious injury to the other person or animal; and

    (e)the person intends the attack to cause, or is reckless about the attack causing, serious injury to the other person or animal.

    Maximum penalty:  500 penalty units, imprisonment for 5 years or both.

    (2A)It is a defence to a prosecution for an offence against this section if the defendant proves that—

    (a)the person or animal provoked the dog; or

    (b)the person or animal was attacked or harassed because the dog came to the aid of a person or animal the dog could be expected to protect; or

    (c)if the attack or harassment was on premises occupied by the defendant—the person was on the premises without lawful excuse.

    NoteThe defendant has a legal burden in relation to the matters mentioned in s (2A) (see Criminal Code, s 59).

  2. New section 50A (5)

    insert

    (5)In this section:

    serious injury, of a person or animal—see section 50 (6).


Schedule 1Magistrates Court (Domestic Animals Infringement Notices) Regulation 2005

(see s 3)

[1.1]Schedule 1, part 1.1, items 33 and 34

substitute

33 49A (1) dog attacks or harasses person/animal—carer 50 350
34 49A (2) dog attacks or harasses person/animal—keeper 50 350

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 5 June 2014.

  2. Notification

    Notified under the Legislation Act on 30 September 2014.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Domestic Animals Amendment Bill 2014, which was passed by the Legislative Assembly on 18 September 2014.

    Acting Clerk of the Legislative Assembly

    © Australian Capital Territory 2014

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