Know The Laws

[NorthernStarPits]

I just wanted to post the topic that everyone should print out a copy of there states dog laws; file it keep it handy, and know your rights under the law whether you own a restricted/prescribed breed or not.

Far too often people aquire dogs without the slightest awareness of the laws or how to defend themselves if/when councils take action for whatever reasons.

Ignorance is no excuse.

[WreckitWhippet]

I've been stating this since the introduction of BSL.

The actual legislation relating to BSL is not all that lengthy ( In NSW ) and is quite easy to understand. I'd suggest printing it off and highlighting the important bits.

I am stunned at the number of rangers and councils who try and bluff and intimidate owners. I've had many people call me and when armed with a quote from the legislation, the councils have backed right off. Some continue to put up a fight, but most owners will win in the end, if they and their dog have not offended.

:D

I know nothing of the other states, but can help with NSW anytime

[NorthernStarPits]

Yes warley thats what i am getting at,

I am stunned at the number of rangers and councils who try and bluff and intimidate owners. I've had many people call me and when armed with a quote from the legislation, the councils have backed right off. Some continue to put up a fight, but most owners will win in the end, if they and their dog have not offended.

[poodlefan]

Agree that knowledge of the law is important. So is obeying it.

Its not usually successful to try and fight the law when the facts prove you've acted outside it.

[SoL]

is there a link to the legislation (NSW)?

[Pitbull575]

Heres Victorias

Victorian Legislation

[Pitbull575]

is there a link to the legislation (NSW)?

Heres the NSW laws

Division 5 Special restrictions for other dogs

55 Interpretation

(1) The following dogs are restricted dogs for the purposes of this Act:

(a) American pit bull terrier or pit bull terrier,

(b) Japanese tosa,

© dogo Argentino,

(d) fila Brasileiro,

(d1) any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth,

(e) any dog declared by a council under Division 6 of this Part to be a restricted dog,

(f) any other dog of a breed, kind or description prescribed by the regulations for the purposes of this section.

(2) In this Division:

existing restricted dog means a dog that is a restricted dog as at the relevant date.

proposed restricted dog means a dog that is the subject of a proposed declaration by a council under section 58C.

relevant date means the date on which Division 6 of this Part (as inserted by the Companion Animals Amendment Act 2005) commences.

transition period means the period beginning on the relevant date and ending 12 months after that date.

56 Owner of restricted dog must comply with control requirements

(1) The owner of a restricted dog must ensure that each of the following requirements is complied with:

(a) Desexing

In the case of an existing restricted dog, the dog must be desexed within 28 days after the relevant date.

In the case of a dog declared by a council under Division 6 of this Part to be a restricted dog, the dog must be desexed within 28 days after it is declared to be a restricted dog.

In the case of any other restricted dog born after the relevant date, the dog must be desexed within 3 months of being born.

(a1) Enclosure requirements

While the dog is on property on which the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations.

In the case of an existing restricted dog, or a restricted dog born within 3 months after the relevant date, the owner has 6 months from the relevant date to comply with this paragraph.

Otherwise, the owner has 3 months from the date on which the restricted dog is born or 3 months from the date on which the dog is declared to be a restricted dog under Division 6 of this Part (as the case requires) to comply with this paragraph.

(a2) Until such time as the requirement under paragraph (a1) is complied with in relation to the dog, the dog must, while on property on which it is ordinarily kept, be kept in an enclosure that is sufficient to restrain the dog and prevent a child from having access to the dog.

(b) The dog must not at any time be in the sole charge of a person under the age of 18 years.

© One or more signs must be displayed on that property showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property on which the dog is ordinarily kept or, if the regulations provide for the signs required by this paragraph, complying with the regulations.

(c1) Distinctive collar must be worn

The dog must at all times wear a collar of the kind prescribed by the regulations.

(d) Dog must be kept on lead and be muzzled

Whenever the dog is outside its enclosure, the dog:

(i) must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and

(ii) must be muzzled in a manner that is sufficient to prevent it from biting any person or animal.

For the purposes of this paragraph, a dog is not considered to be under the effective control of a person if the person has more than 2 dogs (one of which is the restricted dog) under his or her control at the one time.

(e), (f) (Repealed)

(g) The owner must notify the council of the area in which the dog is ordinarily kept of the following matters within the time specified in relation to each of those matters:

(i) that the dog (with or without provocation) has attacked or injured a person or animal (other than vermin)—notice to be given within 24 hours after the attack or injury,

(ii) that the dog cannot be found—notice to be given within 24 hours after the dog’s absence is first noticed,

(iii) that the dog has died—notice to be given as soon as practicable after the death,

(iv) (Repealed)

(v) that the dog is no longer being ordinarily kept in the area of the council—notice to be given as soon as practicable after the change of location,

(vi) that the dog is being ordinarily kept at a different location in the area of the council—notice to be given as soon as practicable after the change of location.

(h) Registration of dog

In the case of a dog declared by a council under Division 6 of this Part to be a restricted dog, the dog must, regardless of its age, be registered (if not already registered) within 7 days after it is declared to be a restricted dog.

(2) An owner of a dog who does not comply with any of the requirements of this section is guilty of an offence.

Maximum penalty: 150 penalty units.

(3) The requirements imposed under this section on the owner of a restricted dog are additional to the other requirements of this Act imposed on the owner of a dog.

(4) In the event of an inconsistency between this section and the provisions of any agreement, covenant or instrument, this section is to prevail, but to the extent only of the inconsistency.

57 Restricted dog may be seized if control requirements not complied with

(1) Seizure during transition period

An authorised officer may, during the transition period, seize a restricted dog if the officer is satisfied that any of the requirements of section 56 have not been complied with in relation to the dog.

(2) If a dog is seized under subsection (1), Part 7 applies in relation to the dog.

(3) However, a claim for the dog may be made under section 64 only if an authorised officer of the council of the area in which the dog is ordinarily kept is satisfied that each of the requirements of section 56 is capable of being complied with in relation to the dog.

(4) Seizure after transition period

If, after the transition period, an authorised officer of a council is satisfied that any of the requirements of section 56 have not been complied with in relation to a restricted dog, the authorised officer may seize the dog.

(5) If a dog is seized under subsection (4):

(a) the dog is to be delivered as soon as possible to a council pound, and

(b) the council or the pound operator, as the case requires, may destroy the dog.

(6) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (4).

57A Prohibition on selling restricted dog or proposed restricted dog

(1) A person who sells, or advertises the sale of, a restricted dog or proposed restricted dog is guilty of an offence.

Maximum penalty: 150 penalty units.

Note. The term “sell” extends to the transfer of owner by any means, including by gift.

Abandoning an animal is also an offence—see section 11 of the Prevention of Cruelty to Animals Act 1979.

(2) A person does not commit an offence under this section by reason only of surrendering a dog to a council pound or an approved animal welfare organisation.

Note. A restricted dog that is surrendered to a council pound or an approved animal welfare organisation cannot be sold.

57B Prohibition on accepting ownership of restricted dog or proposed restricted dog

(1) A person who accepts ownership of a restricted dog or proposed restricted dog is guilty of an offence.

Maximum penalty: 150 penalty units.

(2) A person does not commit an offence under this section by reason only of taking delivery of, or detaining, a dog under Part 7 or as the consequence of a dog being surrendered to a council pound or an approved animal welfare organisation.

57C Prohibition on breeding restricted dog or proposed restricted dog

A person:

(a) who causes or permits a restricted dog or proposed restricted dog to breed with any other dog, or

(b) who advertises that a restricted dog or proposed restricted dog is available for breeding,

is guilty of an offence.

Maximum penalty: 150 penalty units.

57D Council-declared restricted dogs may be seized and destroyed after transition period

(1) This section applies to any dog that becomes, any time after the transition period, a restricted dog because of a declaration by a council under Division 6 of this Part.

(2) However, this section does not apply to any such dog if:

(a) the dog was, before the relevant date, registered under this Act (or a corresponding Act of another State or Territory) otherwise than as a breed or kind of dog referred to in section 55 (1) (a)–(d1) or as a cross-breed of any such breed or kind of dog, and

(b) no person has been convicted, whether before or after the relevant date, of an offence under section 16 (1) (or a similar offence under a corresponding Act of another State or Territory) as a result of the dog rushing at, attacking, biting, harassing or chasing any person or animal.

(3) An authorised officer may seize a dog to which this section applies. The officer may do so regardless of whether the requirements of section 56 have been, or are capable of being, complied with in relation to the dog.

(4) If a dog is seized under subsection (3):

(a) the dog is to be delivered as soon as possible to a council pound, and

(b) the council or the pound operator, as the case requires, may destroy the dog.

(5) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (3).

58 Civil liability of owner of restricted dog

The mere fact that a dog is a restricted dog does not affect the civil liability of the owner of the dog in any proceedings (other than proceedings under this Act).

Division 6 Declaration by councils of dogs as restricted dogs

58A Notice of intention to declare dog to be restricted dog

(1) If a council is of the opinion that a dog:

(a) is of a breed or kind of dog referred to in section 55 (1) (a)–(d1), or

(b) is a cross-breed of any such breed or kind of dog,

the council may give notice to the owner of the dog of the council’s intention to declare the dog to be a restricted dog.

(2) The notice is to be in the approved form and must set out:

(a) the requirements that the owner of the dog will be required to comply with if the declaration is made, and

(b) the procedures associated with obtaining a breed or temperament assessment (as referred to in section 58C) in relation to the dog.

(3) Without limiting the grounds on which a council may decide to give a notice of intention to declare a dog to be a restricted dog, any such notice may be given at the request of the owner of the dog concerned.

58B Obligations of owner when notified of proposed restricted dog declaration

(1) If a notice is given under section 58A to the owner of a dog of a council’s intention to declare the dog to be a restricted dog, the owner must ensure that at all times while the dog is away from the property where it is ordinarily kept:

(a) it is under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and

(b) it has a muzzle securely fixed on its mouth in such a manner as will prevent it from biting any person or animal.

Maximum penalty: 50 penalty units.

(2) For the purposes of subsection (1) (a), a dog is not considered to be under the effective control of a person if the person has more than 2 dogs (one of which is the dog the subject of the proposed declaration) under his or her control at the one time.

(3) This section applies in respect of a dog:

(a) for 28 days after the notice is given to the dog’s owner, or

(b) until the council notifies the owner that the council has made the proposed declaration or has decided not to make it,

whichever happens first.

(4) While this section applies in respect of a dog, an authorised officer may seize the dog if the officer is satisfied that:

(a) the requirements of subsection (1) have not been complied with in relation to the dog, or

(b) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept.

(5) If a dog is seized under subsection (4), Part 7 applies in respect of the dog with the following modifications:

(a) a claim for the dog may be made under section 64 only if an authorised officer is satisfied that the requirements of subsection (1) are capable of being complied with in relation to the dog and the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept,

(b) if the dog is declared to be a restricted dog by the council, the dog may not be destroyed under section 64 until 7 days after notice is given to the owner of the dog under section 58D.

58C Council may declare dog to be restricted dog

(1) Declaration by council

If a notice of intention to declare a dog to be a restricted dog is given under section 58A to the owner of the dog, the council that gave the notice may, after the period of 28 days following the giving of the notice, declare the dog to be a restricted dog. It does not matter if the dog is ordinarily kept in another council’s area.

(2) Certification in relation to dog’s breed or temperament may be provided

A council is not to declare the dog to be a restricted dog if, within the period of 28 days following the giving of the notice under section 58A, the owner of the dog:

(a) provides the council with a written statement by an approved breed assessor to the effect that the dog:

(i) is not of a breed or kind of dog referred to in section 55 (1) (a)–(d1), and

(ii) is not a cross-breed of any such breed or kind of dog, or

(b) provides the council with:

(i) a written statement by an approved breed assessor to the effect that the dog is not of a breed or kind of dog referred to in section 55 (1) (a)–(d1) but is a cross-breed of any such breed or kind of dog, and

(ii) a written statement by an approved temperament assessor to the effect that the dog is not a danger to the public and is not likely, without provocation, to attack or bite any person or animal.

(3) Without limiting the form in which a written statement by an approved breed assessor may be in for the purposes of subsection (2), any such written statement may be in the form of, or comprise, a certificate that is of a kind or description prescribed by the regulations.

(4) The owner of a dog that is the subject of a proposed declaration under this section:

(a) cannot, despite any other provision of this Act, rely on or produce, any evidence with respect to the dog’s breed or temperament (including any information entered on the Register as to the dog’s breed) apart from a written statement as referred to in this section, and

(b) is liable to pay for any costs associated with obtaining a written statement from an approved breed assessor or approved temperament assessor for the purposes of this section.

(5) A council may, in any particular case, extend the 28-day period referred to in subsection (2) for a further period because of extenuating circumstances.

(6) Any written statement provided by an approved breed assessor or approved temperament assessor for the purposes of this section may not be challenged, reviewed, quashed or called into question on any grounds before any court or tribunal in any legal proceedings.

58D Council to notify dog owner of decision and consequences

(1) A council must give notice to the owner of a dog when it declares the dog to be a restricted dog or decides not to declare the dog to be a restricted dog. The notice must be given within 7 days after the declaration or decision is made.

(2) A notice that a dog has been declared a restricted dog must set out the requirements and restrictions imposed on the owner under this Part and the date or dates by which the owner must comply with those requirements.

(3) A declaration by a council under this Division:

(a) has effect from the date specified in the notice or the date on which notice is given (whichever is the later), and

(b) has effect throughout the State and is not limited in its operation to the area of the council that made the declaration, and

© may be revoked at any time by the council that made the declaration.

(4) A declaration or other decision by a council under this Division is final and is not subject to any appeal or review.

(5) A council that makes or revokes a declaration under this Division must give notice to the Director-General within 7 days.

58E Protection from liability of assessors

An approved breed assessor or approved temperament assessor does not incur any civil or criminal liability in respect of anything done or omitted to be done in good faith by the assessor in connection with carrying out an assessment of a dog’s breed or temperament for the purposes of this Division.

58F Persons authorised to provide certain information to councils

(1) Any person (other than a council) who is authorised by or under this Act to identify or register companion animals may, despite any other Act or law, provide any information (including the person’s opinion as to the breed or temperament of a dog) to a council that may result in any action being taken by the council under this Division in relation to a dog.

(2) A person does not incur any criminal or civil liability (including liability for breaching any duty of confidentiality) for providing any such information to a council if the information is provided in good faith.

Edited May 30, 2007 by pitbull575

[Sticky]

My suggestion is that there be a sticky topic in this section which contains links to all the different state laws.

As a start here is the Qld legislation

http://www.legislation.qld.gov.au/LEGISLTN...L/LocGovA93.pdf

The relevant section is Chapter 17A

S

[Pitchick]

I think Warley suggested for me to do that a while ago. I actually have a folder with the NSW one and other BSL stuff in it with highlighted bits for easy reference.

Its a good idea.

[WreckitWhippet]

I think Warley suggested for me to do that a while ago. I actually have a folder with the NSW one and other BSL stuff in it with highlighted bits for easy reference.

Its a good idea.

Good stuff I have that plus every DLG CA cicular since 1997, I enjoy reading those too

[KB Paws]

It is sad when the authorities who are charged with enforcing these laws are the first to misinform and wrongly advise people as to what exactly their rights are.

Very sad that Joe Public has to watch the 'enforcers' and cannot trust them to do their bloody job properly

It makes it hard when most of them shift the goal posts when it suits them.

An owner educating himself is the only way to beat them though and there is no excuse these days for not knowing what the law is-or what our rights are.

[Troy]

.

[NorthernStarPits]

Cheers Troy