Domestic Animals
Amendment Act 2014
Introduction
The Victorian Government has tightened regulations in response to the Coroner’s recommendations associated with a fatal dog
attack in 2011. These amendments strengthen the enforcement of declared and restricted breed dog legislation in Victoria and
help council officers implement these laws. Some of the key changes are outlined below.
Disqualification from dog ownership
A magistrate now has the power to disqualify a person from owning a dog, or to place conditions on dog ownership, for a period
up to 10 years. This can apply if the person has been convicted, found guilty or found not guilty by reason of mental impairment
of certain dog attack offences under the Domestic Animals Act 1994 or the Crimes Act 1958. Such an order is at the discretion
of the magistrate and may be made in addition to or instead of any other penalty imposed by the Court.
A disqualification order can be made by a magistrate in relation to the owner or person in control of a dangerous or restricted
breed dog that attacks or bites. The order can also be made in relation to the owner or person in control of any other dog that
causes death or serious injury to a person or animal or anyone wilfully setting or urging a dog to attack, bite, rush or chase a
person or animal (unless in accordance with the hunting provisions in the Prevention of Cruelty to Animals Act 1986).
New offence for breeding a restricted breed dog
It is now a criminal offence (with a maximum 6 months jail or 60 penalty units) for any person, whether or not they are the
owner, to breed a restricted breed dog. The offence is committed if the person deliberately or recklessly allows the breeding. It
applies whether or not both dogs are restricted breeds, and when the breeding results in progeny (whether or not any progeny is
a restricted breed dog) either born alive or stillborn.
Power to take a sample
Authorised officers now have the power to take a sample from a dog to help to determine whether the offence for breeding from
a restricted breed dog has been committed. DNA analysis of a sample can be used to determine whether a dog is the progeny
of a restricted breed dog. Analysis of a sample may also be useful to determine whether a dog has been involved in a dog
attack. Before taking a sample or assisting a veterinary practitioner to take a sample, an authorised officer must have completed
a course of training approved by the Minister. The owner is required to be informed by the authorised officer, if possible before a
sample is taken, that a sample is being taken for the purpose of analysis and that the owner may nominate a person to analyse
part of the sample.
Warrant to enter and search residential premises
Since illegal breeding of restricted breed dogs is likely to take place in residential premises, authorised officers now have the
power (with the approval of the Secretary) to apply to a magistrate for a warrant to enter residential premises and seize a dog.
This is for the purpose of determining whether the dog is the progeny of a restricted breed dog (even if the dog itself may not be
a restricted breed dog). A dog seized in accordance with the warrant must be returned to its owner within 3 days. This provides
sufficient time for a sample to be taken from the dog. For safety reasons, the owner of the dog may be required to accompany
the authorised officer to a pound where a sample can be taken safely.
Domestic Animals Amendment Act 2014
Power to require access to veterinary records
An authorised officer can now require a veterinarian to produce documents, as a means to detect a restricted breed dog
breeder, if the breeder has consulted the veterinarian for vaccinations, pregnancy care or treatment of his or her dogs. If a
veterinarian fails to comply with a notice to produce these documents, an authorised officer may apply to a magistrate for a
warrant to enter and search the premises.
Reduced time for an application to VCAT
The time for an application to VCAT for review of a declaration of a dog as a restricted breed dog has been reduced from 28
days to 14 days. Reducing the time for an owner to make an application to VCAT for review of a declaration is intended to
reduce the time that the dog is kept in the pound. This is in the best interests of the dog and is less costly for council. The owner
is not materially disadvantaged by the shorter time because the Domestic Animals Act 1994 requires that they be informed of
their right to a review of the declaration and how to make an application to VCAT.
New offence to obstruct or hinder an authorised officer
A person who obstructs or hinders an authorised officer in the discharge of his or her powers, duties and functions under the
Domestic Animals Act can be charged with an offence (maximum 60 penalty units).
Change in onus of proof for restricted breed dog declaration
Where an authorised officer has declared a dog to be a restricted breed dog, it is presumed in proceedings under the Act (and
in VCAT), in the absence of evidence to the contrary, that the dog is a restricted breed dog (and the onus is now on the owner
to prove otherwise). However this applies only where the authorised officer who made the declaration has completed a course
of training approved by the Minister for that purpose.
New notification requirements for owners of declared dogs
If there is a change in the municipality where a dangerous, menacing or restricted breed dog is kept, owners must inform both
the Council of the municipal district in which the dog was previously kept and the Council of the municipal district in which the
dog is being kept within 24 hours of the change. This ensures the council of the new municipal district has time to check that
owners have met all requirements necessary for public safety.
Published by the Victorian Government Department of Environment and Primary
Industries Melbourne, July 2014
© The State of Victoria Department of Environment and Primary Industries
Melbourne 2014
This publication is copyright. No part may be reproduced by any process except
in accordance with the provisions of the Copyright Act 1968.
ISBN 978-1-74326-661-8 (pdf)
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