New Laws Higher Penalties For Victoria

[Steve]

Here

Page 1

strengthening council powers to control and destroy dogs that are a danger to the

community, increasing penalties for irresponsible owners whose conduct has allowed dogs to attack, increasing

resources for educating dog owners and by reforming the existing restricted breed regime.

Currently a dog seized while at large must be held in the pound for a minimum of eight days even if there is no

way of identifying its owner. The bill will give an authorised council officer power to destroy a dog 48 hours after

seizure if the dog was straying, is unidentifiable and is considered a danger to the community.

The bill will also allow an authorised officer to immediately destroy any dog that is behaving in such a manner or in

such circumstances that the officer reasonably believes it will cause imminent serious injury or death to a person or

other animal. This power currently exists for officers authorised under the Prevention of Cruelty to Animals Act

1986 but will now be extended to council officers under the Domestic Animals Act 1994.

In the case of dangerous dogs found at large, the bill will give an authorised council officer power to destroy the

dog 24 hours after confirming it is a declared 'dangerous dog' under the act. This is a dog that has previously been

proven to have attacked and caused serious injury.

It is a central tenet of dog management legislation that a dog is confined, registered and identifiable to its owner.

Page 2 an estimated 40 per cent of dog owners fail to register

their animals. The bill will double the penalties for not applying for registration and for an animal not wearing the

council identification marker when off the owners' premises. As well, the bill will give authorised officers explicit

power to scan a dog for a microchip to identify it for enforcement purposes under the act.

It is in the nature of dogs to stray if they are not responsibly confined. To provide greater incentive for responsible

dog ownership, the penalties for an owner allowing a dog to be at large will be doubled from 3 to 6 penalty units

for a dog at large during the day and from 5 to 10 penalty units for a dog at large during the evening.

Page 3 The bill broadens the criteria for the declaration of a 'menacing' and 'dangerous dog'. It will allow a dog that causes

a non-serious bite injury on a person or animal to be declared a 'menacing dog' and a dog that has been the

subject of a second or subsequent attack or rushing offence to be declared a 'dangerous dog'.

Page 63 As at January 2010 there were 335 restricted breed dogs declared in Victoria. However, microchip identification

registry declarations by owners suggest that there are several times that number of this type of dog in the

community that are registered as another almost identical breed or as a crossbreed of another breed. This means

that these dogs are not being kept in accordance with the strict controls that apply to restricted breed dogs that

may be kept under the act.

In order to better regulate restricted breed dogs, in place of the current prohibition, the bill provides for a two-year

amnesty period to allow owners to register restricted breed dogs and thereby bring them under the existing strict

controls. The amnesty will only apply to dogs in Victoria immediately before the amnesty begins.

The bill provides for a standard to be precribed to assist with the identification of a dog as one of the restricted

breed dogs. If a dog fits within the standard it will be included In the definition of a restricted breed dog whether or

not the dog is a cross breed.

To ensure procedural fairness and transparency of process, the bill provides for appeal to the Victorian Civil and

Administrative Tribunal from a declaration of a restricted breed dog. This will replace the current provisions in the

act providing for an appeals panel.

Lastly, the bill will clarify the authorisation requirements for the implanting of microchips and ensures that only

veterinary practitioners can implant horses. It will also make several machinery and housekeeping amendments to

clarify provisions of the Domestic Animals Act 1994.

[Erny]

Hi Steve - the link doesn't work.

Looking for the doco which refers to :

Page 63 As at January 2010 there were 335 restricted breed dogs declared in Victoria.

Urgently.