Dangerous and Restricted Dogs in Australia

Dangerous and Restricted Dogs in Australia

Australia has banned the import of the following dogs into the country:

• Dogo Argentino (Argentinean fighting dog);
• Fila Brasiliero (Brazilian fighting dog)

• Japanese tosa (Japanese fighting dog)
• American pit bull terrier or pit bull terrier
• Perro de Presa Canario or Presa Canario (Originally bred specifically for dog fighting)

http://www.austlii.edu.au/au/legis/cth/consol_reg/cir1956432/sch1.html

Australian Capital Territories

to follow

New South Wales

It is an offence in New South Wales to sell, acquire or breed dogs on the restricted dog list.

All restricted and dangerous dogs must be registered and desexed.

It is an offence to sell or give away a dangerous or restricted dog or sell or give away a dog subject to a notice of intention to declare dangerous or restricted.

The dog must not at any time be in the sole charge of a person under 18 years of age.

While the dog is on the property on which the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations.

Restricted dogs in NSW are as follows:

• Any dog of a breed, kind or description whose importation into the Australia is prohibited by or under the Customs Act 1901 of the Commonwealth;
• Any dog declared by a council under Division 6 of the Act to be a restricted dog;
• Any other dog of a breed, kind or description prescribed by the Regulations for the purposes of this section.

Council declared restricted dogs

If a council issues a dog owner with a ‘Notice of Intention to Declare a Dog to be a Restricted Dog’ under Division 6, the owner has 28 days in which to complete the process where they may elect to have the dog’s breed and temperament assessed. If you receive such a notice you should contact your local council for further information.

Dangerous Dogs

A dog is “dangerous” if it has, without provocation attacked or killed a person or animal, or, repeatedly threatened to attack or repeatedly chased a person or animal, or is kept or used for the purposes of hunting.

A dog may also be declared “dangerous” if it has displayed unreasonable aggression towards a person or animal.

A maximum penalty of $55,000 or two years imprisonment or both can be applied for some Dangerous and Restricted Dogs regulation breaches.  www.dlg.nsw.gov.au

Northern Territory

to follow

Queensland

In Queensland, any dog that bites a person can face fines of up to $30,000 under the Act, with Councils able to seize the offending dog and declare it as dangerous. The owners of dogs who cause fear are liable to fines of up to $2,000, with Councils able to seize the offending dog and declare it as menacing. Special provisions apply to animals that are declared as dangerous or menacing, such as requirements for muzzling in public and their enclosure.

www.dlg.qld.gov.au

Changes to the Animal Management (Cats and Dogs) Act 2008 have clarified that American Staffordshire terriers are not ‘restricted dogs’ 01 October 2010

South Australia

No breed of dog is banned In South Australia, according to Mitcham Council, South Australia. There are however 5 breeds that are recognised on the prescribed breeds register, and are effectively confined to the owner’s property, unless muzzled and controlled while in public. These are: American Pit Bull Terrier, Dogo Argentino, Fila Brasiliero, Japanese Tosa and the Presa Canario.

Tasmania

Dogs of a breed which have been banned from importation into Australia may be declared restricted breed dogs. All dogs declared to be a restricted breed dog in another State will be recognised as a restricted breed dog in Tasmania. http://www.dpac.tas.gov.au/divisions/local_government/dog_control/restricted_breed_faqs

OWNERS of dangerous or restricted dogs that attack someone could face 21 years in jail.

Tasmania Dog Control Act 2000

Penalty and Offence
$500 Having more dogs than permitted on the footpath or in a public place
$500 Failing to register a dog over the age of 6 months
$500 Concealing or disposing of a dog to evade registration
$300 Using the registration disc of another dog
$300 Removing the registration disc from a dog’s collar
$300 Failing to attach the registration disc to a dog’s collar
$500 Removing the collar from a dog in a public place
$1,000 Urging your dog to chase a moving vehicle
$500 Allowing your dog to chase a moving vehicle
$100 Failing to notify council of a change of ownership of a dog
$500 Allowing your dog to be at large
$200 Allowing a bitch on heat to be in a public place
$1,000 Taking your dog into a prohibited area
$1,000 Failing to notify council that your dog is a guard dog
$1,000 Failing to display an approved dangerous dog sign
$500 Failing to pay any fees and charges if your dog has been seized and impounded
$500 Failing to notify council of the destruction of an attacking dog
$500 Failing to return the registration disc of a destroyed dog
$300 Failing to clean up after your dog
$500 Allowing your dog to be a nuisance in a public place
$500 Allowing your dog to be a nuisance to your neighbours
$500 Keeping more than the allowed number of dogs on your premises without a kennel licence
$2,000 Removing a microchip without consent
$2,000 Allowing your dog to attack another person

Victoria:

As of 2 November 2005, the Domestic (Feral and Nuisance) Animals Act 1994 makes it an offence to acquire a restricted breed dog.

Restricted breed dogs should not be sold or given away to another person in Victoria. However if owners of restricted breed dogs decide to sell or give them away interstate, before doing so owners must advise the person in writing that the dog is a restricted breed dog.

A new law was implemented in Victoria, in October 2011, that will lead to the seizure and killing of any dog fitting the criteria for an unregistered restricted breed found after the law goes into effect.  Targeted breeds include those on the banned import list above.

Even when these dogs are registered, they need to be sterilised and kept in an inescapable enclosure. When outside their enclosure they need to be muzzled and leashed, and accompanied by someone 17 years old or more.

Fines up to $4,885 can be imposed if the dog is not under control, and up to $2,442 if they move without notifying the licensing authorities.

Western Australia:

Since 2006, the American Pit Bull and the Pit Bull Terrier have been declared a restricted breed in Australia and Western Australia. This bill bans the sale, purchase, transfer, breeding and advertising of dangerous dogs. These dogs must be sterilised and microchipped within 30 days of this legislation taking effect.

There is no intention to require the destruction of restricted breed dogs that are not registered, as is the case in Victoria.

The emphasis in the Western Australian legislation is on responsible dog ownership.

http://dlg.wa.gov.au/Content/Community/DogOwnership/DogFAQs.aspx

The following dogs are banned in many countries:

• American Bulldog
• American Pit Bull Terrier
• Bandog
• Boerboel
• Dogo Argentino
• Fila Brasiliero
• Japanese Tosa Inu
• Neapolitan Mastiff
• Presa Canario
• Wolfdog