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Protection & control of domestic animals – new law
Date created: 25 March 2008
Control of domestic amimals
Applies from 12 December 2007
The law about the control and welfare of animals has changed. The changes include:
- added protection for domestic animals
- tighter controls on restricted breed dogs
- allowing more offences to be dealt with by fines.
Fines
More offences relating to the control and welfare of animals can now be dealt with by paying a fine instead of having to go to court. Fines can now be issued for offences such as:
- failure to display a warning sign about a menacing dog
- dog attacks where there is no serious injury.
The maximum fine has been increased from two to five penalty units (see link below for current value of a penalty unit).
Restricted breeds
Tighter controls have been added to deal more effectively with restricted breed dogs. Restricted breeds are not allowed to be imported into Australia (link below to list of these breeds).
Councils are not able to register these dogs unless they were already in Victoria before 3 December 2005. The law now makes it clear that an owner can’t appeal a council decision not to allow the registration of a restricted breed dog if the dog was not in Victoria before 3 December 2005.
The law has changed so that only two restricted breed dogs can be kept on the same property unless a council permit has been granted.
Any authorised officer has power to seize an animal if they reasonably believe that this is a restricted breed. They may hold the animal until their breed has been determined.
Authorised officers (for example, an animal welfare officer or ‘dog catcher’ who has been appointed by a local council) must carry photo identification that confirms their authority. They must show this to you if you ask.
Failure to register an animal
The penalty has increased to a maximum court penalty of 10 penalty units for failing to register a dog or cat.
Dog attacks
The maximum court penalty that can be given to an owner has increased for more serious dog attacks. The definition of ‘owner’ of a dog that attacks has been broadened to include any person who appears to have control of the dog when the offence happens.
The penalty is much higher if the dog has been labelled a ‘dangerous dog’ by the council. The council may label a dog dangerous if that dog seriously injures or kills a person (exceptions apply).
Compensation for dog attacks
A court may decide to order someone to pay compensation for injuries that are inflicted during a dog attack if they are found guilty. This is in addition to the power that a court has to order that a dog be destroyed.
Animal cruelty
Anyone who is found guilty of animal cruelty may be banned from owning animals for up to ten years. If someone is found guilty of aggravated cruelty (cruel behaviour that leads to the death or serious disability to an animal) they could be jailed for up to two years.
Penalties can now be issued to companies found guilty of animal cruelty.
Abandoned dogs on private property
Authorised officers can now enter private property to seize an animal if they believe that it has been abandoned. They can only do this if the property owner or landlord asks them to.
If someone seizes an animal that does not belong to them, they must hand it over to the council as soon as is reasonably practical. They can be penalised if they do not.