Dogs
<<Back to Dog control regulations
Summary of key provisions in the Dog Control
Amendment Act 2003
New dog control regulations came into force with the Dog Control
Amendment Act 2003. The new regulations bolster existing dog control
legislation and seek to improve public safety through the use of stronger
deterrents, preventative measures, more extensive powers of enforcement,
education and better information about dogs.
The provisions of the Dog Control Amendment Act 2003 took effect on 1 December 2003 with the exception of
- the provisions relating to the requirement to keep a dog under control
or confined when on its owner's property (in force 1 June 2004).
- provisions relating to microchipping. (in force 1 July 2006).
- the requirement for councils to participate in a national dog control
database (to come into force by Order in Council).
Summary of key provisions
Illegal breeds
It is unlawful to import any of the following breeds/types of dog
(either live or semen, ova, or embryo)
- American pit bull terrier
The american pit bull terrier (also known as the pit bull terrier or the
american pit bull) is technically a "type" rather than a breed. It
was bred specifically for dog fighting; and to attack and hold on
tenaciously. It has very strong jaws – the jaw muscles can be inches thick
and have a crushing power of hundreds of pounds per square inch. It is
tenacious and fearless.
- Dogo argentino
The dogo argentino (also known as the argentinian mastiff) was bred to
pursue big cats. It is aggressive and fearless.
- Brazilian fila
The brazilian fila (brazilian mastiff) was bred to be aggressive so it
could pursue wild cats. It is powerful, bold and aggressive.
- Japanese tosa
The japanese tosa (also known as the tosa Inu or tosa fighting dog) was
bred to fight dogs. It has powerful jaws and a relentless nature. It was
bred to hunt dangerous quarry such as bears.
(the list may be added to by Order in Council agreed to by
Parliament)
The dogs listed above are currently banned from importation by the Customs
Import Prohibition (Dangerous Breeds of Dogs) Order 2003. The Amendment Act
revokes the Order.
Menacing dogs
A new category of menacing dog has been created. The council may declare the dog to be a menacing
dog if it considers that a
dog poses a threat to any person, stock, poultry, domestic animal, or
protected wildlife because of
- any observed or reported behaviour of the dog; or
- any characteristics typically associated with the dog's breed or
type
If a council has reasonable grounds to believe that a dog belongs wholly
or predominately to one of the
four breeds/types listed above it must
classify the dog as menacing.
Menacing dogs must be muzzled when in public and may be required to be neutered.
Disqualified
and probationary owners
(Previously a person must first have been a probationary dog owner before they
could be disqualified from owning a dog).
- councils may now disqualify someone from owning a dog or declare them to
be a probationary owner if they incur more than three infringement
offences within two years or are convicted of an offence under
- the Dog
Control Act
- Parts 1 and 2 of the Animal Welfare Act 1999
- section 26ZP of
the Conservation Act 1987, or
- section 56I of the National Parks Act 1980
- a council may require probationary owners to undertake a dog education
programme and/or a dog obedience course approved by the council.
- the probationary owner surcharge is abolished
Dogs in public places
- dogs must be leashed when in public, except when the dogs are in
off-leash areas. Even when they are in-off leash areas, the dog's owner - or
the person in control of the dog - must carry a leash at all times.
- dogs classified as "menacing" or "dangerous" must now be muzzled when in
public. Owners of dangerous and menacing dogs must advise anyone who looks
after the dog that the dog must be muzzled when in public.
Requirement to destroy a dog
Owners whose dogs are required by the courts to be destroyed are required to produce a certificate from a vet or dog control officer/ranger
that the dog has been destroyed.
Dogs unlawfully
released from the pound
It is an offence to attempt to unlawfully release a dog from a
pound as well as to be in possession of a dog that has been unlawfully
released from a pound.
Increased penalties
Most fines for court-imposed penalties have been increased.
The most
significant is for owning a dog involved in a serious attack. The penalty
has been increased from a maximum of three months imprisonment and/or a fine
of up to $5,000 to three years imprisonment and/or a fine of up to $20,000.
Infringement fees have also increased by varying amounts.
Confining or
controlling a dog on own property
From 1 June 2004, a dog owner will need to ensure at all times that, when their
dog is on their property, it is either
- under the direct control of a
person, or
- confined in such a manner that it cannot freely leave the
property.
Important - properties do have to be fenced as has always been the
case, but you do not have to fence the front door access separate from
the rest of the yard. While you will need to allow unimpeded access to
the front door, the dog just needs to be restricted from accessing that
area, whether it be a fence or the dog on a run etc
If this requirement is not met the dog may be seized.
Powers of councils
- the powers for dog control officers to seize unregistered dogs, dogs
that have attacked or rushed, and dogs not receiving adequate food, water,
or shelter have been clarified and in some cases strengthened
- dog control officers and rangers can seize a dog on private land where
the dog is not constrained or under the control of a person over 16 years,
if the dog has been off the property not under control, ie roaming at
large
- councils have the power to request information about the name,
gender, and description of a dog from its owner.
Dog rangers can now issue infringement notices.
Councils' obligations
- councils are to report annually on their dog control policies and
practices. The report is to contain certain specified information such as
the number of dogs registered, the number of dogs declared dangerous, and
the number of disqualified owners.
- councils will be required to revise their dog
control polices, applying a strengthened criteria which places greater
emphasis on public safety by 1 September 2004
Microchipping
Requirements for microchipping are
- all dogs first registered on or after 1 July 2006 will be required
to be microchipped
- all dogs
classified as dangerous or menacing since 1 December 2003 will be required
to be microchipped
- dangerous and menacing dogs classified before 1 July
2006, will need to be microchipped within two months of that date
- dogs
released from pounds after 1 July 2006 will also be required to be
microchipped, if impounded for the second time by the territorial
authority.
Regulations will be made to govern the type of microchip to be used and
the procedure for insertion.
Dog control database
Territorial authorities will be required to participate in a national
dog control database that will contain the records/information specified
in sections 30 and 34 of the Dog Control Act. Territorial authorities
can be levied to meet the on-going cost of the database.
Reviewed November 2007
