Australian Capital Territory Numbered Acts

DOMESTIC ANIMALS AMENDMENT ACT 2007 (NO. 35 OF 2007) - SECT 16

insert

50A     Allowing dangerous dog to harass etc

    (1)     The keeper of a dangerous dog commits an offence if—

        (a)     the keeper does or omits to do something; and

        (b)     the act or omission results in the dog attacking or harassing a person or animal.

Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

    (2)     This section does not apply if—

        (a)     the person or animal provoked the dog; or

        (b)     the person or animal was attacked or harassed because the dog came to the aid of its keeper, or another person or animal that the dog could reasonably be expected to protect; or

        (c)     the attack or harassment was on premises occupied by the defendant and—

              (i)     the person was on the premises without reasonable excuse; or

              (ii)     the person failed to take reasonable care for the person's own safety.

    (3)     If the keeper of a dog is convicted, or found guilty, of an offence against this section the court must order that the dog be destroyed, unless satisfied there are special circumstances that justify not doing so.

    (4)     However, if the court is satisfied that there are special circumstances, the court must order that the dog and its keeper complete an approved course in behavioural or socialisation training for the dog.