Penalties For Dangerous Behaviour By Dogs and Infringement Offence Fees under the Dog Control Act 1996

This page represents a summary of rights and obligations and penalties within the Dog Control Act 1996.  Persons concerned about specific rights and obligations should check the full text of the Act below.

Dog Control Act 1996 - Infringement Offence Fees  (As amended December 2003 and July 2004)

Dogs that attack people, stock, poultry, domestic animals and protected wildlife, may for the purpose of stopping an attack be seized or destroyed. Verification of any such attack may result in the owner receiving infringement offence notices, and on conviction a maximum fine of $3,000 and the owner is also liable for any damage related costs arising from the attack. As a result the dog is also likely to have to wear a muzzle. Any breach of this requirement carries a further fine, on conviction, of $3,000, and an order may be made for the destruction of the dog.

Where serious injury to any person or death of any protected wildlife results from an attack, the owner is liable upon conviction to a maximum prison term of 3 years and/a fine not exceeding $20,000.  If the owner is convicted, the Court must make an order for the destruction of the dog unless satisfied the circumstances of the attack do not justify destruction.

A Dog Control Officer, Dog Ranger or a Police Constable who is satisfied that a dog is threatening the safety of any person, stock, poultry, domestic animal and protected wildlife, may enter onto any land or premises and seize the dog and hold it in custody.

• Classification Of A Dog As Dangerous
• Effect Of Classification Of A Dog As Dangerous
• Classification Of A Dog As Menacing
• Effect Of Classification Of A Dog As Menacing
• Probationary Owners
• Disqualification Of Owners
• Dog Control Act 1996 - Infringement Offences Fees

Classification Of A Dog As Dangerous

A Local Authority is required to classify as dangerous any dog where either:

• The owner has been convicted of an attacking offence under Section 57A(2) of the Dog Control Act 1996.
• Sworn evidence stating aggressive behaviour by the dog on one or more occasions has been received.
• A dog owner admits in writing that his/her dog constitutes a threat to people or animals.

Effect Of Classification Of A Dog As Dangerous

The Owner must:

• Provide a securely fenced area of the property, which allows visitors "dog free" access to the dwelling house.
• Not allow the dog to be in any public place (or private way) without being muzzled and controlled on a leash, unless it is confined completely within a vehicle or cage.
• Within one month of classification, provide a vets certificate certifying that the dog has been neutered.  If the dog is not fit for the operation a vets certificate needs to be provided stating when the dog will be fit, and within one month of that date, produce a certificate certifying the dog has been neutered.
• Pay registration fees at 150% of the level that would otherwise have applied.
• Apply to the territorial authority before disposing of the dog to another person.
• Must advise any person who has possession of a dangerous dog (for the period of up to 72 hours) of the need for the dog to be muzzled and controlled on a leash

Where any breach of these conditions exists, the owner is liable to a fine not exceeding $3,000 and if the owner is convicted the court must order destruction of.the dog unless exceptional circumstances exist that do not warrant destruction.

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Classification Of A Dog As Menacing

A territorial authority may classify as menacing any dog that has not been classified as dangerous, but the territorial authority considers may pose a threat to people or animals because of:

• Any observed or reported behaviour of the dog; or
• Any characteristics typically associated with the dog's breed or type.

Note:  A territorial authority must also classify as menacing, any dog that the authority has reasonable grounds to believe belongs wholly or predominantly to one or more of the following breeds or types of dogs.

• Brazilian Fila breed
• Dogo Argentino breed
• Japanese Tosa breed
• American Pit Bull Terrier type

Effect Of Classification Of A Dog As Menacing

The owner of the dog must:

• Not allow the dog to be in any public place (or private way) without being muzzled, unless it is confined completely within a vehicle or cage.
• Within one month of classification, provide a vets certificate certifying that the dog has been neutered.  If the dog is not fit for the operation a vets certificate needs to be provided stating when the dog will be fit, and within one month of that date, produce a certificate certifying the dog has been neutered.
• If the dog is in the possession of another person (for a period not exceeding 72 hours), advise the person of the need for the dog to be muzzled.

Probationary Owners

A dog owner who is convicted of any offence (other than an infringement offence) against the Dog Control Act 1996 or has committed three or more infringement offences within a two year period, may be classified as a probationary owner by the Local Authority.

The term of this classification shall be for a period of two years from the date of the offence or third infringement offence, (unless terminated earlier by the territorial authority). Any dog not registered at the time of classification must be disposed of within 14 days.The owner may retain any dogs they were the registered owner of at the time of the offence, but any registration fees during this period are subject to a surcharge of 50%.

The territorial authority may require a probationary owner to undertake, at their own expense, dog owner education training and/or a dog obedience course approved by the territorial authority.

Disqualification Of Owners

Any person convicted of an offence against the Dog Control Act 1996 (other than an infringement offence) or receiving three or more infringement notices may be disqualified from owning a dog for a period of up to five years. The disqualified owner must dispose of all dogs within 14 days and must not become the owner of any other dog during the period of disqualification. This disqualified owner shall not transfer ownership of these dogs to any person residing at the same address. Any breach of these conditions makes the owner liable to a fine of $3,000 and the removal of the dog/s.  In the case of any breach, the territorial authority may also extend the period of disqualification for up to a further five years.

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Dog Control Act 1996 - Infringement Offences Fees

(As amended July 2004)