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Crimes and Domestic Animals Acts Amendment (Offences and Penalties) Act 2011

No. 55 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purposes 12 Commencement 2

PART 2—AMENDMENTS TO THE CRIMES ACT 1958 3

3 New Division 9AA of Part I inserted 3

Division 9AA—Offences connected with dangerous, menacing and restricted breed dogs 3

319A Definitions 3319B Failure to control dangerous, menacing or restricted

breed dog that kills person 4319C Recklessness as to whether controlling dangerous,

menacing or restricted breed dog may place another person in danger of death 5

PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS ACT 1994 7

4 Offences and liability relating to dog attacks 75 Notification of Council 76 Restraint of dangerous dogs when on owner's premises 77 Identification of dangerous dogs 78 Restraint of dangerous dogs off the owner's premises 89 Notification of Council in relation to menacing dog 810 Restraint of menacing dogs 811 Prohibition on keeping a restricted breed dog 812 Notifications 813 Restraint of restricted breed dogs when on owner's premises 914 Warning signs for restricted breed dogs 915 New section 41HA inserted 9

41HA Identification of restricted breed dogs 916 Restraint of restricted breed dogs off the owner's premises 1017 Limitation on ownership of restricted breed dogs 10

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18 New section 41K substituted 1041K Prohibition on transfer of ownership of restricted

breed dogs 1019 Prohibition on minor having control of dog outside owner's

premises 1120 Penalties to be paid for offences under infringement notices 1121 Regulations 11

PART 4—REPEAL OF AMENDING ACT 12

22 Repeal 12═══════════════

ENDNOTES 13

Crimes and Domestic Animals Acts Amendment (Offences and Penalties)

Act 2011†

No. 55 of 2011

[Assented to 2 November 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purposes

The main purposes of this Act are—

(a) to amend the Crimes Act 1958 to create new offences relating to the death or endangerment of life of a person caused by a person failing to control a dangerous, menacing or restricted breed dog; and

Victoria

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(b) to amend the Domestic Animals Act 1994—

(i) to increase penalties for certain offences under that Act; and

(ii) to create a new offence relating to the transfer of ownership of restricted breed dogs.

2 Commencement

This Act comes into operation on the day after the day on which this Act receives the Royal Assent.

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s. 2 Section Page

2

PART 2—AMENDMENTS TO THE CRIMES ACT 1958

3 New Division 9AA of Part I inserteds. 3

See:Act No.6231.Reprint No. 22as at17 March 2010and amendingAct Nos16/2004, 87/2009 (as amended by No. 30/2010), 13/2010, 49/2010, 53/2010, 63/2010, 64/2010, 65/2010, 20/2011, 27/2011 and 43/2011.LawToday:www.legislation.vic.gov.au

After Division 9 of Part I of the Crimes Act 1958 insert—

"Division 9AA—Offences connected with dangerous, menacing and restricted breed dogs

319A Definitions

In this Division—

control, in relation to a dangerous dog, menacing dog or restricted breed dog, includes failing to comply with any of the requirements under sections 24, 26(1), 28, 29, 38, 39, 40, 41, 41E, 41F(1)(a), 41G, 41H, 41HA and 41I of the Domestic Animals Act 1994;

dangerous dog has the same meaning as in section 3(1) of the Domestic Animals Act 1994;

menacing dog has the same meaning as in section 3(1) of the Domestic Animals Act 1994;

owner, in relation to a dangerous dog, menacing dog or restricted breed dog,

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has the same meaning as in section 3(1) of the Domestic Animals Act 1994 and includes a person who is deemed to be an owner of the dog under section 4 of that Act;

restricted breed dog has the same meaning as in section 3(1) of the Domestic Animals Act 1994 and includes a dog that is taken under section 3(3) of that Act to be a restricted breed dog.

319B Failure to control dangerous, menacing or restricted breed dog that kills person

(1) If—

(a) an owner of a dangerous dog, menacing dog or restricted breed dog fails to keep the dog under control; and

(b) the dog kills another person (the victim); and

(c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—

the owner is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(2) If—

(a) a person (other than the owner of a dangerous dog, menacing dog or restricted breed dog)—

s. 3Part 4—Repeal of Amending Act


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(i) is, for the time being, in charge or has care of the dog; and

(ii) fails to keep the dog under control; and

(iii) is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and

(b) the dog kills another person (the victim); and

(c) a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—

the first mentioned person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

319C Recklessness as to whether controlling dangerous, menacing or restricted breed dog may place another person in danger of death

(1) An owner of a dangerous dog, menacing dog or restricted breed dog who, without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death, is guilty of an indictable offence.

Penalty: Level 6 imprisonment (5 years maximum).

(2) A person (other than the owner of a dangerous dog, menacing dog or restricted breed dog) who—

(a) for the time being, is in charge or has care of the dog; and



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(b) is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and

(c) without lawful excuse, recklessly engages in conduct so that the dog is not under control, and that conduct places or may place another person in danger of death—

is guilty of an indictable offence.

Penalty: Level 6 imprisonment (5 years maximum).".

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PART 3—AMENDMENTS TO THE DOMESTIC ANIMALS ACT 1994

4 Offences and liability relating to dog attackss. 4

See:Act No.81/1994.Reprint No. 5as at1 September 2010and amendingAct Nos44/2010, 78/2010 and 39/2011.LawToday:www.legislation.vic.gov.au

(1) In section 29(1) and (2) of the Domestic Animals Act 1994, after "premises," insert "or a restricted breed dog".

(2) In section 29(3), (4), (5) and (6) of the Domestic Animals Act 1994, after "dangerous dog" insert "or a restricted breed dog".

5 Notification of Council

In section 37 of the Domestic Animals Act 1994—

(a) for the penalty at the foot of subsection (1) substitute—

"Penalty: 10 penalty units.";

(b) for the penalty at the foot of subsection (2) substitute—

"Penalty: 20 penalty units.".



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6 Restraint of dangerous dogs when on owner's premises

For the penalty at the foot of section 38(1) and (2) of the Domestic Animals Act 1994 substitute—


7 Identification of dangerous dogs

For the penalty at the foot of section 40 of the Domestic Animals Act 1994 substitute—


8 Restraint of dangerous dogs off the owner's premises

In section 41(1) of the Domestic Animals Act 1994, for "5 penalty units for a first offence and 10 penalty units for a second or subsequent offence" substitute "40 penalty units".

9 Notification of Council in relation to menacing dog

For the penalty at the foot of section 41D of the Domestic Animals Act 1994 substitute—


10 Restraint of menacing dogs

In section 41E(2) of the Domestic Animals Act 1994 for "4 penalty units" substitute "16 penalty units".

11 Prohibition on keeping a restricted breed dog

For the penalty at the foot of section 41EA(1) of the Domestic Animals Act 1994 substitute—


12 Notifications

(1) After section 41F(1)(ab) of the Domestic Animals Act 1994 insert—



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"(ac) the dog is sold, given or otherwise transferred to them under section 41K; or".

(2) For the penalty at the foot of section 41F(1) of the Domestic Animals Act 1994 substitute—


(3) For section 41F(2) of the Domestic Animals Act 1994 substitute—

"(1A) Notice given under subsection (1)(ac) must include details of the relationship between the new owner and the previous owner of the restricted breed dog.

(2) If a person proposes to sell or give a restricted breed dog to another person or otherwise transfer the ownership of the dog to another person, the person must, before doing so, advise the other person in writing that the dog is a restricted breed dog.

Penalty: 5 penalty units.Note

Section 41K prohibits a person from selling, giving or otherwise transferring ownership of a restricted breed dog except in certain circumstances.".

13 Restraint of restricted breed dogs when on owner's premises

For the penalty at the foot of section 41G(1) of the Domestic Animals Act 1994 substitute—


14 Warning signs for restricted breed dogs

For the penalty at the foot of section 41H of the Domestic Animals Act 1994 substitute—

"Penalty: For a first offence, 5 penalty units;

For a second or subsequent offence, 10 penalty units.".



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15 New section 41HA inserted

After section 41H of the Domestic Animals Act 1994 insert—

"41HA Identification of restricted breed dogs

The owner of a restricted breed dog must ensure that at all times the dog wears a collar of the kind prescribed.

Penalty: 40 penalty units.".

16 Restraint of restricted breed dogs off the owner's premises

In section 41I of the Domestic Animals Act 1994, for "5 penalty units" substitute "40 penalty units".

17 Limitation on ownership of restricted breed dogs

For the penalty at the foot of section 41J(1), (5) and (6) of the Domestic Animals Act 1994 substitute—


18 New section 41K substituted

For section 41K of the Domestic Animals Act 1994 substitute—

"41K Prohibition on transfer of ownership of restricted breed dogs

(1) A person must not sell or transfer (whether by giving or otherwise) ownership of a restricted breed dog to another person.

Penalty: 5 penalty units.

(2) Subsection (1) does not apply if the person surrenders the dog to a Council or a person who provides pound services to a Council under an agreement with the Council under



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section 84Y so that the Council or that person may destroy the dog.

(3) Subsection (1) does not apply if—

(a) the owner of the dog has died; and

(b) the dog was registered as a restricted breed dog or another breed of dog in Victoria immediately before the commencement of the Domestic Animals Amendment (Restricted Breeds) Act 2011; and

(c) the person sells or transfers (by giving, or otherwise) ownership of the dog to the husband, wife, domestic partner, parent, child or sibling (a related person) of the owner of the dog and that related person is of or over the age of 17 years.

(4) In this section—

domestic partner has the same meaning as in section 3(1) of the Victims of Crime Assistance Act 1996.".

19 Prohibition on minor having control of dog outside owner's premises

In section 41L of the Domestic Animals Act 1994, for "5 penalty units" substitute "10 penalty units".

20 Penalties to be paid for offences under infringement notices

In section 88 of the Domestic Animals Act 1994, for "5 penalty units" substitute "12 penalty units".

21 Regulations

(1) In section 100(1)(fc) of the Domestic Animals Act 1994, for "5 penalty units" substitute "12 penalty units".



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(2) In section 100(2)(d) of the Domestic Animals Act 1994, for "10 penalty units" substitute "20 penalty units".

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PART 4—REPEAL OF AMENDING ACT

22 Repeal

This Act is repealed on the first anniversary of its commencement.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


No. 55 of 2011

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† Minister's second reading speech—

Legislative Assembly: 14 September 2011

Legislative Council: 13 October 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Crimes Act 1958 and the Domestic Animals Act 1994 and for other purposes."

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