This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 93(1): Proceedings for an offence under this Act may be dealt with:

Section 93(1A): An offence under ss 16(1AB) or (1A) or 17(1A) may only be prosecuted on indictment, however may be dealt with summarily by the Local Court under CPA Ch 5.

Section 93(2): If proceedings are brought in the Local Court, the maximum monetary penalty that the Local Court may impose for the offence is 200 pu, despite any higher maximum monetary penalty provided in respect of the offence.

Appeal against Council’s declaration that dog dangerous: Under Pt 5 of the Act, an authorised officer of a council may declare a dog dangerous: s 34. The consequences of such a declaration are that the owner must ensure that at all times when the dog is away from the premises at which it is ordinarily kept:

Under s 41, an owner may appeal to the Local Court within 28 days of being notified of the council’s declaration that the dog is dangerous or the refusal to revoke such a declaration. The Local Court may determine an appeal by confirming the council’s decision or by revoking the declaration.

Local Court’s power to declare dog dangerous/menacing: In any proceedings under the Act before the Local Court (other than an appeal against a declaration by a council that a dog is dangerous or against a refusal by a council to revoke such a declaration), the court may declare a dog to be dangerous/menacing: s 44(1). The Local Court can declare a dog to be dangerous only if it is satisfied that:

Under s 33A a dog is menacing if 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.

Revocation of Local Court declaration: The Local Court can revoke a declaration made by a court under this Div on the application of the owner of the dog concerned if the court is satisfied that it is appropriate to do so in the circumstances: s 46.

Control orders: A court can make a control order:

A control order is an order of a court that the owner of a dog take such action (other than destroying the dog) within the period specified in the order as the court thinks necessary to prevent, or reduce the likelihood of, the dog attacking or causing injury to persons or animals: s 47(1). The action that a control order can require the owner of a dog to take includes:

Destruction orders: A destruction order is an order of a court that the owner of a dog destroy the dog or cause the dog to be destroyed, or that a dog be destroyed by some person authorised by the court, within the period specified in the order: s 48(1).

A court can make a destruction order:

A court must not make a destruction order unless it is satisfied that the making of a control order, or an order permanently removing the dog from its owner (which the court is, by this subsection, authorised to make), will not be sufficient to protect the public from any threat posed by the dog: s 48(3).

Note:

Section 48(3A) Except in exceptional circumstances, a court must make a destruction order on conviction of an owner of an offence involving serious injury or death of a person caused by the dog.

Ancillary orders to enable destruction order to be carried out — s 50(1): A court may, if it makes a destruction order that a dog be destroyed by some person authorised by the court, require the owner of the dog to take, within such period as is specified in the destruction order, such action as is, in the opinion of the court, necessary to enable the destruction order to be carried out.

The court may also make an order for the payment of any costs incurred in destroying the dog: s 50(2).

Permanent disqualification from owning/ being in charge of a dog in a public place: Persons convicted of offences under ss 16(1A), (1AB), 17 (if the dog is a dangerous/restricted/menacing dog), or s 35A of the Crimes Act are permanently disqualified from owning/ being in charge of a dog: s 23(1).

Court convicting person of offence may disqualify person from owning/ being in charge of dog for specified period

Section 23(2): A court that convicts a person of an offence under any of the following provisions can order that the person is disqualified from owning/ being in charge of a dog in a public place for a specified period:

Section 23(3): A court that convicts a person of more than one offence under any of the following provisions during any 5 yr period can, on the second or subsequent conviction during that period, order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period:

Section 23(4): The maximum period of disqualification that a court can order under this section is 5 yrs. An order under this section is in addition to any penalty that the court can impose for an offence.

Section 23(5): The making of an order by a court under s 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of a person charged with an offence is to be treated for the purposes of this section as a conviction of the person for the offence.

Defence

Section 7(6): It is a defence to a prosecution if it is established that another owner of the animal has been convicted of an offence arising out of the same circumstances or the commission by another owner of the animal of an offence arising out of the same circumstances has been proved but a court has made an order under s 10 of the Crimes (Sentencing Procedure) Act.

Note:

Where applicable the maximum penalty for an offence dealt with summarily before the Supreme Court is indicated in square brackets in the Penalty (Max) column.