Dog (Amendment) Bill 1988 Crimes (Dogs) Amendment Bill 1988
DOG (AMENDMENT) BILL 1988
NEW SOUTH WALES
[STATE ARMS]
TABLE OF PROVISIONS
1. Short title
2. Amendment of Dog Act 1966, No. 2.
SCHEDULE 1-AMENDMENTS
DOG (AMENDMENT) BILL 1988
NEW SOUTH WALES
(STATE ARMS]
A BILL FOR
An Act to amend the Dog Act 1966 for the purpose of making further provision for the control of dogs and for related purposes.
See also Crimes (Dogs) Amendment Bill 1988.
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Dog (Amendment) Act 1988.
Amendment of Dog Act 1966, No. 2
2. The Dog Act 1966 is amended as set out in Schedule 1.
SCHEDULE 1 - AMENDMENTS
(Sec. 2)
(1) Section 4 (Interpretation) -
(a) Section 4 (1) - After the definition of “Dog”, insert:
“Goods” includes livestock and other animals.
(b) Section 4 (1), definition of “Owner”-
(i) From paragraph (a) omit “on any land or”.
(ii) From paragraph (a) omit “that land or”.
(c) Section 4 (1) -
After the definition of “owner”, insert:
“Premises” includes any structure, building and vehicle and any parcel of land, whether built on or not, and also includes a part of a structure, building, vehicle or any such parcel.
(d) Section 4 (1) -
Omit the definition of “Public place”, insert instead:
“Public place” means any premises or other place (including an area of water) that is open to the public, or is used by the public, whether or not- - -
(a) payment for admission to the premises or place is required to be made; or
(b) the premises or place is ordinarily so open or used; or
(c) the public to whom the premises or place is open, or by whom the premises or place is used, consists only of a limited class of persons.
(e) Section 4 (1) -
After the definition of “Public place”, insert:
“Public vehicle” means a vehicle that is being used to carry passengers or goods, or both passengers and goods, for hire or reward.
(f) Section 4 (1) -
After the definition of “Shire”, insert:
“Vehicle” means any form of land, sea or air transport designed to be used to carry persons or goods, or both persons and goods.
(g) Section 4 (2A) (a) -
Omit “any land or”.
(h) Section 4(4) -
(i) Omit “land or”, where first occurring.
(ii) Omit “that land or”.
(i) Section 4 (7) -
After section 4 (6), insert:
(7) If -
(a) a dog on or within a vehicle, other than a public vehicle, is confined or restrained in such a way as to ensure that no part of the dog protrudes from the vehicle; and
(b) either -
(i) the owner of the dog is the owner, lessee or hirer of, or is in charge of, the vehicle; or
(ii) the dog is on or within the vehicle with the consent of the vehicle’s owner, lessee or hirer or the person in charge of the vehicle,
then, for the purposes of this Act, the dog shall be regarded as being on premises of which the owner of the dog is an occupier, even though the vehicle may be in a public place or may be on premises that are not in the occupation of that owner.
(2) Section 5 (Liability of owners of dogs) -
Section 5 (2)(d) -
Omit “on land or”.
(3) Section 6 (Dogs attacking or injuring persons or animals) -
Section 6 (2), (2A) -
Omit section 6 C2, insert instead:
(2) Subsection 1 does not apply to an attack by, or an injury caused by, a dog if -
(a) the attack or injury occurs wholly within premises that are not a public place and -
(i) the owner of the dog is an occupier of those premises; or
(ii) the dog is ordinarily kept on those premises; or
(b) in the case of an attack on, or an injury to, a person - the attack or injury is in immediate response to, and is wholly induced by, intentional cruelty to, or intentional provocation of, the dog -
(i) by the person attacked or injured; or
(ii) by a person acting at the direction of,
or in concert with, that person; or
(c) in the case of an attack on, or an injury to, another animal - the attack or injury is in immediate response to, and is wholly induced by, an attack made on the dog by the animal.
(2A) If in proceedings for an offence under subsection 1 a question arises as to whether that subsection applies to a particular attack by, or a particular injury caused by, a dog, the onus of establishing that that subsection applies to the attack or injury lies on the prosecutor.
(4) Section 6A -
After section 6, insert:
Setting a dog on a person or inflicting grievous bodily harm
6A. (1) A person who, having charge or control of a dog -
(a) sets the dog on another person; or
(b) intentionally or recklessly does or omits to do any act which causes the dog to inflict grievous bodily harm on another person,
is guilty of a felony and liable to imprisonment for a term not exceeding 7 years.
(2) Nothing in subsection (1) limits the operation of the rules of the common law relating to self-defence, the defence of others and the defence of property.
(5) Section 7 (Muzzling of greyhounds and other species or kinds of dogs -
Section 7 (2) (a) -
Omit the paragraph, insert instead:
(a) while it is within premises that are not a public place and
(i) the owner of the dog is an occupier of those premises; or
(ii) the dog is ordinarily kept on those premises; or
(6) Section 8A -
After section 8, insert:
Power of Local Court to make an order requiring the owner of a dog to keep the dog under effective control
8A. (1) Any person may lodge with a Local Court a complaint that a specified dog is, because it is not kept under effective control, a danger or threat to that person or other persons who are likely to come into contact with it.
(2) On the hearing of a complaint lodged under subsection (1), the Local Court concerned shall, if satisfied that the dog is, because it is not kept under effective control, a danger or threat to the complainant or other persons---
(a) order the owner of the dog to place it under effective control by such means as are, and by such date as is, specified in the order and thereafter to keep it under effective control by those means; or
(b) if that Court is satisfied that the circumstances of the case so require -
(i) order that owner to destroy the dog or cause it to be destroyed; or
(ii) order the dog to be destroyed by some person authorised by that Court; or
(iii) order that owner to take such other action as that Court directs, being action which is, in the opinion of that Court, necessary to prevent, or reduce the likelihood of, the dog continuing to be a danger or threat to the complainant or other persons,
within such period as is specified in the order.
(3) If a Local Court makes an order under subsection (2) (b) (ii), it may also order the owner of the dog concerned to take, within such period as is specified in the order, such action as is, in the opinion of that Court, necessary to enable the order to be carried out.
(4) An order made under subsection (3) may include an order for the payment of costs incurred in carrying out the action specified in the order.
(5) If a Local Court makes an order under subsection (2) (b) (ii) for the destruction of a dog, the person authorised by the order may destroy the dog but only in accordance with the order.
(6) A person who -
(a) neglects or fails to comply with an order under subsection (2) (paragraph (b) (ii) excepted) or an order under subsection (3); or
(b) intentionally obstructs or attempts to obstruct the carrying out of an order under subsection (2) (b) (ii),
is guilty of an offence and liable to a penalty not exceeding $200.
(7) If an order has been made under subsection (2) (a) or (b) and later, on the application of the complainant on whose complaint the order was made, it appears to the Local Court which made the order that a provision of the order has not been complied with within the period specified in the order, that Court may make an order or a further order under subsection (2) (b).
(8) A Local Court may impose a penalty under subsection (6) in respect of a matter in addition to making an order or further order under subsection (2) (b) in respect of the same matter.
(7) Section 10 (Seizure of dogs) -
(a) Section 10 (1) (b) -
Omit “on land or within premises of which the owner of the dog is not the occupier”, insert instead “within premises that are not in the occupation of the owner”.
(b) Section 10 (1) (b) (i) -
Omit the subparagraph, insert instead -
(i) is within those premises without the consent of their occupier; and
(8) Section 13 -
Omit the section, insert instead:
Destruction of attacking dog
13. (1) Any person may destroy a dog that is attacking or has attacked, or is causing or has caused injury to, a person or an animal.
(2) Subsection (1) does not apply if the attack or injury occurs or occurred on premises that are not a public place and -
(a) the owner of the dog is or was, at the time of the attack or injury, an occupier of those premises; or
(b) the dog is or was, at the time of the attack or injury, ordinarily kept on those premises.
(9) Section 14 (Mode of registration) -
Section 14 (1) (c) -
Omit “land or”.
(10)Section 16 (Records to be kept) -
Section 16 (2) (b) -
Omit “land or”.
(11) Section 17A (Guide dogs) -
(a) Omit “building or” wherever occurring.
(b) Omit ‘transport” wherever occurring, insert instead “vehicle”.
(12) Sections 20 - 20C -
Omit the sections, insert instead:
Civil liability for damage etc. caused by dogs
20. (1) Subject to this section, if a dog directly or indirectly causes a person to suffer bodily injury or causes damage to or the destruction of a person’s property, the owner of the dog is liable to that person in damages for the injury, damage or destruction.
(2) Subsection (1) does not apply to bodily injury, damage or destruction caused by a dog if, at the time when the injury, damage or destruction occurs, the dog is wholly within premises that are not a public place and -
(a) the owner of the dog is an occupier of those premises; or
(b) the dog is ordinarily kept on those premises.
(3) If -
(a) the death of a person is caused directly or indirectly by a dog; and
(b) the person would, had death not ensued, have been entitled under subsection (1) to bring proceedings against, and to recover damages from, the owner of the dog in respect of bodily injury caused by the dog,
the injury, damage or destruction shall, for the purposes of the Compensation to Relatives Act 1897, be treated as a wrongful act such as would, if death had not ensued, have entitled that person to bring proceedings against, and to recover damages from, the owner of the dog in respect of the injury, damage or destruction.
(4) It is a defence to proceedings brought under subsection (1) or (3) that the bodily injury, damage or destruction in respect of which the proceedings were brought was in immediate response to, and was wholly induced by, intentional cruelty to, or intentional provocation of the dog -
(a) by the person attacked or injured; or
(b) by a person attacking at the direction of, or in concert with, that person.
(5) If -
(a) a dog causes bodily injury to a person, or damage to or the destruction of a person’s property, that gives rise to a liability on the part of the owner of the dog to pay damages under subsection (1); and
(b) the injury, damage or destruction is partly attributable to contributory negligence on the part of the person who suffered the injury or whose property was damaged or destroyed,
the injury, damage or destruction shall, for the purposes of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965, be regarded as having been suffered or sustained partly as the result of the fault of the owner of the dog and partly as the result of the fault of that person.
(6) Subsection (5) does not affect the operation of Part 3 of the Law Reform (Miscellaneous Provisions) Act 1965 in respect of any liability for bodily injury to a person, or for damage to or the destruction of a person’s property, caused by a dog that arises otherwise than under subsection (1).
(7) This section does not affect the liability, apart from this section, of any person for damage caused by a dog.
(8) In this section -
“bodily injury” includes illness arising wholly or in part from mental or nervous shock.
(13) Section 22 -
Omit the section, insert instead:
Proceedings for of fences
22. Proceedings for an offence against this Act shall be dealt with summarily before a Local Court constituted by a Magistrate sitting alone except in the case of an offence arising under section 6A.
(14) Section 22A -
After section 22, insert:
Penalty notices
22A. (1) In this section -
“prescribed offence” means an offence against this Act, other than an offence under section 6A;
“prescribed officer” means a person who holds an office prescribed for the purposes of this section.
(2) If it appears to a prescribed officer that a person has committed a prescribed offence, the officer may serve on the person a notice -
(a) alleging that the person has committed the offence and giving the prescribed particulars in relation to the offence; and
(b) specifying the prescribed penalty in respect of the offence; and
(c) stating that -
(i) if the person prefers not to have the matter dealt with by a court, the person may, within the period specified in the notice (being a period that is not less than 21 days), pay to the authority specified in the notice the amount of the prescribed penalty; and
(ii) if, within that period, the person pays the prescribed penalty to the authority specified in the notice, no further action will be taken against the person in relation to the prescribed offence.
(3) A notice under subsection (2) may be served personally or by post.
(4) A person alleged to have committed a prescribed offence has the right not to be dealt with under this section in respect of the offence.
(5) A person who fails to pay the prescribed penalty -
(a) within the period specified in a notice served on the person under subsection (2); or
(b) within such further period as may in any particular case be allowed,
shall be regarded as having exercised the right not to be dealt with under this section.
(6) If the amount of the penalty prescribed for an alleged offence is paid in accordance with a notice served under subsection (2), then, subject to subsection (9), no person is liable to any further proceedings for the alleged offence.
(7) Payment of the amount of a prescribed penalty in accordance with a notice served under subsection (2) shall not be regarded as an admission of liability for the purpose of, nor in any way affect, any civil proceedings arising out of the same occurrence.
(8) The prescription for the purposes of this section, for a prescribed offence, of a penalty that exceeds the maximum amount of penalty which could be imposed for the offence by a court is void.
(9) If a notice served under subsection (2) relates to an offence constituted by a failure to do a particular act or thing -
(a) the obligation to do the act or thing continues despite the service of the notice or the payment of the prescribed penalty for the offence; and
(b) subsection (6) does not prevent further proceedings for an alleged offence relating to a continued failure to do that act or thing.
(10) Except as provided by subsections (6) and (9), this section does not affect the operation of any provision of this or any other Act in relation to the institution of proceedings for of fences that are prescribed of fences.
(15) Section 24 (Power of entry) -
Omit “upon any land or premises”, insert instead “any premises”.
(16) Section 24A -
After section 24, insert:
Orders facilitating the entry of public officers to land etc. where dogs are kept
24A. (1) In this section -
“public Officer” means a person who is the holder of an office established by or under an Act.
(2) If -
(a) a public officer is empowered by an Act to enter premises that are in the occupation of another person; and
(b) the public officer claims to have made reasonable attempts on at least 2 occasions to enter those premises and to have been unable to gain entry to those premises wholly or partly because of the presence there of a dog which the officer fears will attack or harm the officer should the officer make a further attempt to gain entry,
the officer may apply to a Local Court for an order under subsection (4).
(3) An application under subsection (2) may be made without serving a copy of the application on the occupier of the premises concerned and without giving the occupier of those premises an opportunity to be heard in relation to the application.
(4) On the hearing of an application made by a public officer under subsection (2), the Local Court concerned may, if satisfied that -
(a) the officer has attempted to enter the premises to which the application relates on at least 2 occasions; and
(b) there is kept within those premises a dog which is likely to attack or harm the officer should the officer make a further attempt to gain entry to those premises,
make an order -
(c) requiring the occupier of those premises to keep the dog under effective restraint while the officer enters those premises and carries out the purpose for which the officer is empowered to enter those premises;
(d) if such a requirement is not complied with, empowering a person experienced in handling dogs who is a servant of the council in whose area those premises are located -
(i) to enter those premises in the company of the officer; and
(ii) to seize the dog and keep it under effective restraint while the officer carries out the purpose for which the officer is empowered to enter those premises or, if in the opinion of that person it is necessary to do so, to destroy the dog; and
(e) providing for such ancillary matters as the Court considers necessary for the purpose of giving effect to the order.
(5) Even though an order has been made under subsection (4), the power referred to in paragraph (d) of that subsection is not exercisable unless -
(a) the officer concerned has attempted to enter the premises to which the order relates after the order was served on the occupier of those premises; and
(b) on the occasion of that attempt, that occupier has neglected or refused to comply with the requirement referred to in paragraph (c) of that subsection.
(6) A servant of a council who enters premises in the company of a public officer in accordance with an order made under subsection (4) may, if of the opinion that any dog found within the premises cannot be restrained effectively while the officer carries out the purpose for which the officer has entered those premises, destroy that dog.
(7) A person who -
(a) neglects or fails to comply with a requirement of an order made under subsection (4); or
(b) intentionally obstructs or hinders a public officer or servant of a council in the exercise of a power conferred by the order,
is guilty of an offence and liable to a penalty not exceeding $200.
(8) As soon as practicable after a public officer has entered premises in accordance with an order made under subsection (4), the officer must make to the Local Court that made the order a report in writing giving -
(a) particulars of the entry and of the activities engaged in by the officer in carrying out the purpose for which the entry was sought; and
(b) where the officer was accompanied by a servant of the relevant council, particulars of the activities that the servant carried out for the purpose of giving effect to the order.
CRIMES (DOGS) AMENDMENT BILL 1988
NEW SOUTH WALES
[STATE ARMS]
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Crimes Act 1900, No. 40
SCHEDULE 1 - AMENDMENTS
CRIMES (DOGS) AMENDMENT BILL 1988
NEW SOUTH WALES
[STATE ARMS]
A BILL FOR
An Act to amend the Crimes Act 1900 for the purpose of extending the range of indictable of fences punishable summarily with the consent of the accused.
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Crimes (Dogs) Amendment Act 1988.
Commencement
2. This Act commences at the commencement of the Dog (Amendment) Act 1988.
Amendment of Crimes Act 1900, No. 40.
3. The Crimes Act 1900 is amended as set out in Schedule 1.
SCHEDULE 1 - AMENDMENTS
(Sec. 3)
Section 476 (Indictable of fences punishable summarily with consent of accused) -
(1) Section 476 (6) (ga) -
After section 476 (6) (g), insert:
(ga) any offence mentioned in section 6A of the Dog Act 1966;
(2) Section 476 (6) (i) -
After “(g)”, insert “, (ga)”.
