Page 114 Reprint 1 effective 1 July 2009
Chapter 9
Miscellaneous provisions
Part 1 General offences
194
Relevant person must ensure dog does not attack or
cause fear
(1) A relevant person for a dog must take reasonable steps to
ensure the dog does not attack, or act in a way that causes fear
to, someone else or another animal.
Maximum penalty—
(a)
if the attack causes the death of or grievous bodily harm
to the person—300 penalty units; or
(b) if the attack causes the death of or grievous bodily harm
to the animal—100 penalty units; or
(c)
if the attack causes bodily harm to the person or
animal—50 penalty units; or
(d) otherwise—20 penalty units.
(2) In this section—
animal does not include vermin that are not the property of
anyone.
Examples of vermin that are someone’s property—
•
a pet mouse or guinea pig
•
vermin that are protected animals under the Nature Conservation
Act 1992. (See section 83 of that Act.)
relevant person, for a dog, means—
(a)
the owner of the dog; or
(b) any responsible person for the dog.
[s 195]
Animal Management (Cats and Dogs) Act 2008
Chapter 9 Miscellaneous provisions
Part 1 General offences
Reprint 1 effective 1 July 2009 Page 115
195
Prohibition on allowing or encouraging dog to attack or
cause fear
(1) A person must not allow or encourage a dog to attack, or act in
a way that causes fear to, a person or another animal.
Maximum penalty—
(a)
if the attack causes the death of or grievous bodily harm
to the person—300 penalty units; or
(b) if the attack causes the death of or grievous bodily harm
to the animal—100 penalty units; or
(c)
if the attack causes bodily harm to the person or
animal—50 penalty units; or
(d) otherwise—20 penalty units.
(2) In this section—
allow or encourage, without limiting the Criminal Code,
sections 7 and 8, includes cause to allow or encourage.
Editor’s note—
Criminal Code, sections 7 (Principal offenders) and 8 (Offences
committed in prosecution of common purpose)
animal does not include vermin that are not the property of
anyone.
Examples of vermin that are someone’s property—
•
a pet mouse or guinea pig
•
vermin that are protected animals under the Nature Conservation
Act 1992. (See section 83 of that Act.)
196
Defences for offence against s 194 or 195
(1) It is a defence to a prosecution for an offence against section
194 or 195 for the defendant to prove—
(a)
the dog attacked, or acted in a way that caused fear to,
the other person (the complainant) or the animal—[s 196]
Animal Management (Cats and Dogs) Act 2008
Chapter 9 Miscellaneous provisions
Part 1 General offences
Page 116 Reprint 1 effective 1 July 2009
(i) as a result of the dog being attacked, mistreated,
provoked or teased by the complainant or the
animal; or
(ii) to protect the defendant, or a person accompanying
the defendant (the accompanying person), or the
defendant’s or accompanying person’s property; or
(b) for an attack on an animal, the dog was engaged in
hunting the animal on private property when the offence
happened; or
(c)
for an attack on stock, the dog is a working dog and the
offence happened when the stock were being worked; or
(d) the dog is a government entity dog and when the offence
happened the defendant was acting within the scope of
employment by the government entity; or
(e)
when the offence happened, the dog was a security
patrol dog carrying out that function under the Security
Providers Act 1993.
(2) In this section—
dog patrol category, of functions of a security officer, has the
meaning given by the Security Providers Act 1993, schedule
2.
security officer has the meaning given by the Security
Providers Act 1993, section 7.
security patrol dog means a dog used in the dog patrol
category of functions of a security officer.Animal Management (Cats and Dogs) Act 2008
Chapter 9 Miscellaneous provisions
Part 2 Greyhounds