Australian Capital Territory Numbered Acts

DOMESTIC ANIMALS AMENDMENT ACT 2014 (NO. 39 OF 2014) - SECT 6

substitute

50     Dog attacks person or animal causing serious injury

    (1)     A person commits an offence if—

        (a)     the person is the carer for a dog; and

        (b)     the person does or omits to do something; and

        (c)     the act or omission results in the dog attacking another person or animal; and

        (d)     the attack causes serious injury to the other person or animal; and

        (e)     the person intends the attack to cause, or is reckless about the attack causing, serious injury to the other person or animal.

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

    (2)     A person commits an offence if—

        (a)     the person is the keeper of a dog; and

        (b)     the person does or omits to do something; and

        (c)     the act or omission results in the dog attacking another person or animal; and

        (d)     the attack causes serious injury to the other person or animal; and

        (e)     the person intends the attack to cause, or is reckless about the attack causing, serious injury to the other person or animal.

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

    (3)     It is a defence to a prosecution for an offence against this section if the defendant proves that—

        (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 a person or animal the dog could be expected to protect; or

        (c)     if the attack or harassment was on premises occupied by the defendant—the person was on the premises without lawful excuse.

    (4)     Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that someone else was, at the time of the offence, the carer for the dog.

Note     The defendant has a legal burden in relation to the matters mentioned in ss (3) and (4) (see Criminal Code

, s 59).

    (5)     If a person charged with an offence under this section is convicted, or found guilty, of the offence—

        (a)     the court must order the dog be destroyed, unless satisfied there are special circumstances that justify not doing so; or

        (b)     if the court is satisfied that there are special circumstances—

              (i)     declare the dog to be a dangerous dog; and

              (ii)     order the dog and its owner complete an approved course in behavioural or socialisation training for the dog.

    (6)     In this section:

"serious injury", of 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.