The Companion Animals legislation incorporates control provisions and responsibilites for owners of dangerous, menacing, and restricted dogs. The following information outlines some of these responsibilities.
Along with enforcing legislation surrounding dangerous, menacing, and restricted dogs, Council now has a general duty under the Act to take such steps as are necessary to ensure they are aware of the existence of all restricted, menacing, and dangerous dogs that are kept in their areas.
Prohibition on selling dangerous, menacing, or restricted dog or proposed dangerous, menacing, or restricted dog
A person who sells, or advertises the sale of, a dangerous, menacing, or restricted dog or proposed dangerous, menacing, or restricted dog is guilty of an offence.
What changes must owners of dangerous, menacing, and restricted dogs notify?
Owners are required to notify the council of the area in which the dog is ordinarily kept of the following matters within the time specified:
- 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.
- That the dog cannot be found – notice to be given within 24 hours after the dog’s absence is first noticed.
- That the dog has died – notice to be given as soon as practicable after the death.
- That the dog is no longer being ordinarily kept in the council area – notice to be given as soon as practicable after the change of location.
- That the dog is being ordinarily kept at a different location in the council area – notice to be given as soon as practicable after the change of location.
A declared dangerous dog is a dog that an authorised council officer or a local court has declared as dangerous because it:
- has, without provocation, attacked or killed a person or animal (not including vermin), or
- has, without provocation, repeatedly threatened to attack or repeatedly chased a person or animal (not including vermin), or
- is kept or used for hunting (not including a dog used for locating, flushing, pointing or retrieving birds or vermin), or
- has been declared a dangerous dog under a law of another State or a Territory that corresponds with the Act.
A declared menacing dog is a dog that an authorised council officer or a local court has declared as menacing because it:
- has displayed unreasonable aggression towards a person or animal (other than vermin), or
- has, without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death, or
- has been declared a menacing dog under a law of another State or a Territory that corresponds with the Act.
Under the Companion Animals Act the following dogs are restricted dogs:
- American pit bull terrier or pit bull terrier,
- Japanese tosa,
- Dogo Argentino,
- Perro de Presa Canario or Presa Canario,
- Fila Brasileiro,
- 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,
- Any dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog,
- Any other dog of a breed, kind or description prescribed by the regulations for the purposes of this section.