2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Alistair Coe)
Domestic Animals (Dangerous Dogs) Legislation Amendment Bill 2017

Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Domestic Animals Act 2000
	4	Declarations—dangerous dogs
New section 22 (1) (aa)	3
	5	Dangerous dog licences—applications
New section 24 (3)	3
	6	Special licences—renewals
New section 32 (3)	3
	7	Dog attacks person or animal causing serious injury
Section 50 (5) and (6)	4
	8	Dangerous dog attacks or harasses person or animal
Section 50A (4) to (6)	4
	9	New sections 53A to 53C	4
	10	New section 56A	9
	11	Seizure—dangerous dogs
Section 57	9
	12	Section 57 (a)	9
	13	Seizure—attacking and harassing dogs
Section 59, new note	10
	14	Section 63 heading	10
	15	Section 63 (1) and note	10
	16	New section 65A	10
	17	Dictionary, new definition of serious injury	11
Part 3	Domestic Animals  Regulation 2001
	18	Schedule 1, new items 11A to 11D	12

2017
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Alistair Coe)
Domestic Animals (Dangerous Dogs) Legislation Amendment Bill 2017

A Bill for
An Act to amend legislation about dangerous dogs

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Domestic Animals (Dangerous Dogs) Legislation Amendment Act 2017.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Domestic Animals Act 2000 and the Domestic Animals Regulation 2001.

Part 2	Domestic Animals Act 2000
4	Declarations—dangerous dogs
New section 22 (1) (aa)
insert
	(aa)	the dog has attacked and caused injury to a person or serious injury to an animal; or
5	Dangerous dog licences—applications
New section 24 (3)
insert
	(3)	An application in relation to a dangerous dog declared to be a dangerous dog under section 22 (1) (aa) or (b) or section 22 (2) must be accompanied by an application fee of—
	(a)	an amount equal to 10 times the application fee (if any) for the registration of a dog under section 6; or
	(b)	if the amount mentioned in paragraph (a) is less than $750—$750. 
6	Special licences—renewals
New section 32 (3)
insert
	(3)	An application for renewal of a dangerous dog licence for a dog declared to be a dangerous dog under section 22 (1) (aa) or (b) or section 22 (2) must be accompanied by a renewal fee of—
	(a)	an amount equal to 10 times the application fee (if any) for the registration of a dog under section 6; or
	(b)	if the amount mentioned in paragraph (a) is less than $750—$750. 
7	Dog attacks person or animal causing serious injury
Section 50 (5) and (6)
omit
8	Dangerous dog attacks or harasses person or animal
Section 50A (4) to (6)
omit
9	New sections 53A to 53C
insert
53A	Complaints about attacking dogs—death or serious injury to person etc
	(1)	A person (the complainant) may complain in writing to the registrar about a dog if—
	(a)	the dog attacked the complainant, another person or an animal kept by the complainant; and 
	(b)	the attack caused—
	(i)	the death of the other person; or
	(ii)	a serious injury to the complainant or other person; or
	(iii)	the death of the animal.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(2)	The registrar must investigate the complaint unless satisfied that the complaint is frivolous or vexatious.
Note	An authorised person must seize the dog if the registrar decides to investigate the complaint—see s 56A (1).
	(3)	If the registrar decides that the dog carried out the attack and the attack caused a circumstance mentioned in subsection (1) (b), the registrar must destroy the dog.
	(4)	However, the registrar may decide not to destroy the dog under subsection (3) if satisfied—
	(a)	the person or animal provoked the dog; or
	(b)	the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or
	(c)	if the attack was on premises occupied by the keeper of the dog—the person was on the premises without lawful excuse.
	(5)	The registrar must give written notice of the decision to the complainant and the keeper of the dog.
53B	Complaints about attacking dogs—injury to person or serious injury to animal
	(1)	A person (the complainant) may complain in writing to the registrar about a dog if—
	(a)	the dog attacked the complainant, another person or an animal kept by the complainant; and 
	(b)	the attack caused—
	(i)	an injury to the complainant or other person; or
	(ii)	a serious injury to the animal.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(2)	The registrar must investigate the complaint unless satisfied that the complaint is frivolous or vexatious.
Note	An authorised person must seize the dog if the registrar decides to investigate the complaint—see s 56A (1).
	(3)	If the registrar decides that the dog carried out the attack and the attack caused a circumstance mentioned in subsection (1) (b), the registrar—
	(a)	must issue a control order in relation to the keeper of the dog; and
	(b)	may destroy the dog.
Note 1	The registrar must declare a dog to be a dangerous dog if the dog attacked and caused injury to a person or serious injury to an animal—see s 22 (1) (aa).
Note 2	If a dog is seized and, after the seizure, the dog is declared to be a dangerous dog, the registrar must release the dog to a person claiming its release if satisfied that the person is its keeper and a dangerous dog licence is in force for the dog—see s 65.
Note 3	As a condition of the issue of a dangerous dog licence, the registrar can require the keeper of the dog and the dog complete an approved course in behavioural or socialisation training for the dog.
	(4)	However, the registrar may decide not to take action under subsection (3) if satisfied—
	(a)	the person or animal provoked the dog; or
	(b)	the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or
	(c)	if the attack was on premises occupied by the keeper of the dog—the person was on the premises without lawful excuse.
	(5)	The registrar must give written notice of the decision to—
	(a)	the complainant; and 
	(b)	the keeper of the dog; and
	(c)	people occupying property adjacent or nearby to premises where the dog is kept.
	(6)	The notice must include details of the control order.
	(7)	In this section—
control order means an order imposing the following conditions on a dangerous dog licence:
	(a)	the property where the dog is kept under the licence has secure fencing to properly confine the dog to the premises;
	(b)	fencing at the property where the dog is kept under the licence must be inspected by the registrar every 6 months;
	(c)	the keeper and the dog must complete an approved course in behavioural or socialisation training for the dog;
	(d)	any other condition the registrar considers appropriate.
53C	Complaints about harassing dogs	
	(1)	A person (the complainant) may complain in writing to the registrar about a dog if the dog harassed the complainant or another person.
Note	For how documents may be given, see the Legislation Act, pt 19.5.
	(2)	The registrar must investigate the complaint unless satisfied that the complaint is frivolous or vexatious.
Note  	An authorised person may seize the dog if the registrar decides to investigate the complaint—see s 56A (2).
	(3)	If the registrar decides the dog harassed the complainant, the registrar may issue a control order in relation to the keeper of the dog.
Note 1	The registrar may declare a dog to be a dangerous dog if the dog  harassed a person—see s 22 (2).
Note 2	If a dog is seized and, after the seizure, the dog is declared to be a dangerous dog, the registrar must release the dog to a person claiming its release if satisfied that the person is its keeper and a dangerous dog licence is in force for the dog—see s 65.
Note 3	As a condition of the issue of a dangerous dog licence, the registrar can require the keeper of the dog and the dog complete an approved course in behavioural or socialisation training for the dog.
	(4)	However, the registrar may decide not to issue a control order under subsection (3) if satisfied—
	(a)	the complainant or the other person provoked the dog; or
	(b)	the complainant or other person was harassed because the dog came to the aid of a person or animal the dog could be expected to protect; or
	(c)	if the harassment was on premises occupied by the keeper of the dog—the complainant or other person was on the premises without lawful excuse.
Note	The registrar must release the dog at the end of an investigation if the keeper holds a licence to keep a dangerous dog—see s 65A (2).
	(5)	The registrar must give written notice of the decision to—
	(a)	the complainant; and 
	(b)	the keeper of the dog; and
	(c)	if the registrar decides to issue a control order—people occupying property adjacent or nearby to premises where the dog is kept.
	(6)	If the registrar decides to issue a control order, the notice must include details of the control order.
	(7)	In this section:
control order—see section 53B (7).
10	New section 56A
insert
56A	Seizure of dogs—complaints about dogs attacking or harassing
	(1)	An authorised person must seize a dog if the dog is the subject of a complaint being investigated by the registrar under—
	(a)	section 53A (Complaints about attacking dogs—death or serious injury to person etc); or 
	(b)	section 53B (Complaints about attacking dogs—injury to person or serious injury to animal).
	(2)	An authorised person may seize a dog if the dog is the subject of a complaint being investigated by the registrar under section 53C (Complaints about harassing dogs).
	(3)	A dog seized under this section must be impounded until the end of the investigation.
11	Seizure—dangerous dogs
Section 57
omit
may
substitute
must
12	Section 57 (a) 
substitute
	(a)	if the keeper of the dog has contravened a condition of a dangerous dog licence in force for the dog; or
13	Seizure—attacking and harassing dogs
Section 59, new note
insert
Note	An authorised person must seize a dog if the dog is the subject of a complaint being investigated by the registrar under s 53A or s 53B and may seize a dog if the dog is the subject of a complaint being investigated under s 53C—see s 56A.
14	Section 63 heading
substitute
63	Releasing dogs seized under power relating to multiple dogs
15	Section 63 (1) and note
substitute
	(1)	This section applies to a dog seized under section 58 (Seizure—contravention of multiple dog licence) unless the dog is declared to be a dangerous dog after it was seized.
Note	Section 65 deals with the release of a dog declared to be dangerous after it is seized.
16	New section 65A
insert
65A	Releasing dogs seized under complaints power
	(1)	This section applies if a dog is seized under section 56A (Seizure of dogs—complaints about dogs attacking or harassing).
	(2)	At the end of the investigation of a complaint, the registrar must—
	(a)	if the registrar dismisses the complaint—return the dog to a person claiming its release if satisfied that the person is its keeper; or
	(b)	if the registrar declares the dog to be a dangerous dog, but decides not to destroy the dog—release the dog to a person claiming its release if satisfied that the person is its keeper and a dangerous dog licence is in force for the dog.
	(3)	The registrar may release the dog under subsection (2) only if the registrar is satisfied any fee payable under section 144 for the release of the dog has been paid.
Note 1	A fee may be payable under s 144 before a dog may be released.
Note 2	The registrar is not obliged to release a dog if its keeper has relinquished ownership (see s 69).
17	Dictionary, new definition of serious injury
insert
serious injury, to a person or animal, means any injury (including the cumulative effect of more than 1 injury) that—
	(a)	endangers, or is likely to endanger, the person or animal’s life; or
	(b)	is, or is likely to be, a significant or longstanding injury.

Part 3	Domestic Animals 
Regulation 2001
18	Schedule 1, new items 11A to 11D
insert
11A	Act, 53A (3)	destroy dog	keeper of dog	
11B	Act, 53B (3) (a)	issue control order	keeper of dog	
11C	Act, 53B (3) (b)	destroy dog	keeper of dog	
11D	Act, 53C (3)	issue control order	keeper of dog	

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 1 November 2017.
2	Notification
	Notified under the Legislation Act on	2017.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2017