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Thread: State and Territory legislation links

  1. #1

    Default State and Territory legislation links

    Qld

    http://www.legislation.qld.gov.au/LE...08/08AC074.pdf

    NSW

    http://www.legislation.nsw.gov.au/vi...1998+FIRST+0+N

    ACT

    http://www.legislation.act.gov.au/a/...df/2000-86.pdf

    Vic

    http://www.legislation.vic.gov.au/Do...authorised.pdf

    Tas

    http://www.thelaw.tas.gov.au/tocview...=;rec=-1;term=

    SA

    http://www.legislation.sa.gov.au/LZ/...1995.15.UN.PDF

    WA

    http://www.slp.wa.gov.au/pco/prod/Fi...df?OpenElement

    http://www.slp.wa.gov.au/legislation...ubsidiary.html

    NT

    The Dog Act commenced in March 1980 and remained in effect until it was repealed by the Dog Act Repeal Act in 1991, which was introduced in late 1990.

    Following the repeal of the Dog Act, provisions relating to dog management and control in the NT have been scattered through a raft of individual pieces of legislation. General animal welfare issues are covered by the Animal Welfare Act, dog diseases are dealt with in the Exotic Diseases (Animals) Compensation Act, feral animal control is governed by the Pastoral Land Act, the dishlickers are controlled by the greyhound racing provisions of the Racing and Betting Act, the control of dogs – domestic and dangerous – is controlled by the Summary Offences Act and the Local Government Act provides general responsibility for animal management to local councils.
    Last edited by Beau; 06-01-2012 at 10:25 AM.
    If you find yourself going through hell; Don't stay. Just keep on going.
    Beau.

  2. #2
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    Excellent idea Beau. Thanks for putting in the hard work.
    "What other people say about you, is a reflection of their character, not yours."

  3. #3
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    Re: Tasmania's "person of authority" and their ability to enter my home, just to see if and how many dogs I have... I wonder what would happen (legally) if they got bitten? Is there a clause if your dog bites someone defending the property?
    "What other people say about you, is a reflection of their character, not yours."

  4. #4
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    aSoulfulDecorum

    Section 19 applies but it is badly worded. I think it means to say if the dog is on private premises, it can bite people...
    19. Dogs attacking persons or animals


    (1) If a dog that is not under the effective control of a person on private premises, or that is not under the effective control of a person in a public place, rushes at or chases any person, the owner of the dog is guilty of an offence.
    And this applies but the opening blurb of section 19 is ambiguous. It isn't reasonable that a dog defends against a law officer or meter reader but how is the dog supposed to know the difference between one of these and a burglar.

    (7) It is a defence in proceedings for an offence under this section if the defendant establishes that –
    (a) the dog was being used in the reasonable defence of any person or property;

  5. #5
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    Thanks Hyacinth. I printed off the act and intend to read it from start to finish.

    I've got a "Guard Dog: DO NOT ENTER" sign on my bedroom door (which is where I keep my dog if strange people come to visit), and I have a sign to put up on the front door that say's "Enter at your own risk" (an one for the gate). I doubt that having those signs would reduce my liability, but I'm sure as Hell I'd fight it.

    I'm not sure if he'd bite someone, the closest I've come is one day at my sister's house (her birthday party), he was fine with everyone so long as I introduced them to him. But later on in the night, someone came through the gate (he'd only just arrived). My dog rushed around to the gate and stood there barking at him (I called out for him to stand still, whether that made a difference I'm not sure), as soon as I reached the gate/dog, I introduced them and then my dog was fine. But, had the guy run, or just kept walking (which wouldn't have been very clever given the size of my dog) and had I not been present, I can't say what would have happened (hence, all the warning signs at my house).

    If they ignore the warning signs, I think that should go towards my defence (not that I think they'd actually come into my house, as my dog is registered).
    "What other people say about you, is a reflection of their character, not yours."

  6. #6
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    Some people say if you have warning signs that means you have a dog you know is dangerous so you would be liable. But I think this is a myth. Eg if you have a "beware of the dog" sign - supposedly that makes you liable. I have a lot of people tell me this but not one can point to an actual court case where it was applied.

    But the rules for dangerous dog mean keeping it locked up so it can't escape etc. So theoretically if it's in your bedroom and you have appropriate warning signs (for dangerous dogs) you would not be liable. Ie any law enforcement could take precautions if they need to go in there. The rules for keeping dangerous dogs are described in the acts for each state so as long as you comply with that as far as keeping your dog locked up and someone breaks in, I can't see how you could be liable.

    But when it comes to courts, lawyers, judges and law suits, it's not always a predictable outcome.

  7. #7
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    Hi Beau, the WA Act linked above does not mention restricted breeds. However, there are regulations that are linked to the Act that cover them in WA. Here's the link if you want to add it beneath the section on WA:

    Western Australian Legislation - Dog Act 1976 - Subsidiary

    Thanks to a friend of mine, RJ, for finding this and sending me the info.
    "What other people say about you, is a reflection of their character, not yours."

  8. #8

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    Done, no worries.
    Beau.

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