Companion Animals Act 1998 No 87
Current version for 5 December 2019 to date (accessed 5 August 2020 at 00:33)
Part 5 Division 5
Division 5 Special restrictions for other dogs
55   Interpretation
(1)  The following dogs are restricted dogs for the purposes of this Act—
(a)  American pit bull terrier or pit bull terrier,
(b)  Japanese tosa,
(c)  dogo Argentino,
(c1)  Perro de Presa Canario or Presa Canario,
(d)  fila Brasileiro,
(d1)  any other dog of a breed, kind or description whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth,
(e)  any dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog,
(f)  any other dog of a breed, kind or description prescribed by the regulations for the purposes of this section.
(2)  In this Division—
existing restricted dog means a dog that is a restricted dog as at the relevant date.
proposed restricted dog means a dog that is the subject of a proposed declaration by an authorised officer of a council under section 58C.
relevant date means the date on which Division 6 of this Part (as inserted by the Companion Animals Amendment Act 2005) commences.
transition period means the period beginning on the relevant date and ending 12 months after that date.
56   Owner of restricted dog must comply with control requirements
(1)  The owner of a restricted dog must ensure that each of the following requirements is complied with—
(a)  Desexing
In the case of an existing restricted dog, the dog must be desexed within 28 days after the relevant date.
In the case of a dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog, the dog must be desexed within 28 days after it is declared to be a restricted dog.
In the case of any other restricted dog born after the relevant date, the dog must be desexed within 3 months of being born.
(a1)  Enclosure requirements
While the dog is on 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.
In the case of an existing restricted dog, or a restricted dog born within 3 months after the relevant date, the owner has 6 months from the relevant date to comply with this paragraph.
Otherwise, the owner has 3 months from the date on which the restricted dog is born or 3 months from the date on which the dog is declared to be a restricted dog under Division 6 of this Part (as the case requires) to comply with this paragraph.
Note.
 A certificate of compliance in relation to the prescribed enclosure must be obtained by the owner of the dog—see section 58H.
(a2)  Until such time as the requirement under paragraph (a1) is complied with in relation to the dog, the dog must, while on property on which it is ordinarily kept, be kept in an enclosure that is sufficient to restrain the dog and prevent a child from having access to the dog.
(b)  The dog must not at any time be in the sole charge of a person under the age of 18 years.
(c)  One or more signs must be displayed on that property showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property on which the dog is ordinarily kept or, if the regulations provide for the signs required by this paragraph, complying with the regulations.
(c1)  Distinctive collar must be worn
The dog must at all times wear a collar of the kind prescribed by the regulations.
(d)  Dog must be kept on lead and be muzzled
Whenever the dog is outside its enclosure, the dog—
(i)  must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and
(ii)  must be muzzled in a manner that is sufficient to prevent it from biting any person or animal.
For the purposes of this paragraph, a dog is not considered to be under the effective control of a person if the person has more than 2 dogs (one of which is the restricted dog) under his or her control at the one time.
(e), (f)    (Repealed)
(g)  The owner must notify the council of the area in which the dog is ordinarily kept of the following matters within the time specified in relation to each of those matters—
(i)  that the dog (with or without provocation) has attacked or injured a person or animal (other than vermin)—notice to be given within 24 hours after the attack or injury,
(ii)  that the dog cannot be found—notice to be given within 24 hours after the dog’s absence is first noticed,
(iii)  that the dog has died—notice to be given as soon as practicable after the death,
(iv)    (Repealed)
(v)  that the dog is no longer being ordinarily kept in the area of the council—notice to be given as soon as practicable after the change of location,
(vi)  that the dog is being ordinarily kept at a different location in the area of the council—notice to be given as soon as practicable after the change of location.
(h)  Registration of dog
In the case of a dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog, the dog must, regardless of its age, be registered (if not already registered) within 7 days after it is declared to be a restricted dog.
(i)  Permit required
The dog must be the subject of a permit issued under this Act, as required by section 11D.
(2)  An owner of a dog who does not comply with any of the requirements of this section is guilty of an offence.
Maximum penalty—150 penalty units.
(3)  The requirements imposed under this section on the owner of a restricted dog are additional to the other requirements of this Act imposed on the owner of a dog.
(4)  In the event of an inconsistency between this section and the provisions of any agreement, covenant or instrument, this section is to prevail, but to the extent only of the inconsistency.
57   Restricted dog may be seized if control requirements not complied with
(1) Seizure during transition period An authorised officer may, during the transition period, seize a restricted dog if the officer is satisfied that any of the requirements of section 56 have not been complied with in relation to the dog.
(2)  If a dog is seized under subsection (1), Part 7 applies in relation to the dog.
(3)  However, a claim for the dog may be made under section 64 only if an authorised officer of the council of the area in which the dog is ordinarily kept is satisfied that each of the requirements of section 56 is capable of being complied with in relation to the dog.
(4) Seizure after transition period If, after the transition period, an authorised officer of a council is satisfied that any of the requirements of section 56 have not been complied with in relation to a restricted dog, the authorised officer may seize the dog.
(5)  If a dog is seized under subsection (4)—
(a)  the dog is to be delivered as soon as possible to a council pound, and
(b)  the council or the pound operator, as the case requires, may destroy the dog.
(6)  Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (4).
57A   Prohibition on selling restricted dog or proposed restricted dog
(1)  A person who sells, or advertises the sale of, a restricted dog or proposed restricted dog is guilty of an offence.
Maximum penalty—150 penalty units.
Note.
 The term “sell” extends to the transfer of owner by any means, including by gift.
Abandoning an animal is also an offence—see section 11 of the Prevention of Cruelty to Animals Act 1979.
(2)  A person does not commit an offence under this section by reason only of surrendering a dog to a council pound or an approved animal welfare organisation.
Note.
 A restricted dog that is surrendered to a council pound or an approved animal welfare organisation cannot be sold.
57B   Prohibition on accepting ownership of restricted dog or proposed restricted dog
(1)  A person who accepts ownership of a restricted dog or proposed restricted dog is guilty of an offence.
Maximum penalty—150 penalty units.
(2)  A person does not commit an offence under this section by reason only of taking delivery of, or detaining, a dog under Part 7 or as the consequence of a dog being surrendered to a council pound or an approved animal welfare organisation.
57C   Prohibition on breeding restricted dog or proposed restricted dog
A person—
(a)  who causes or permits a restricted dog or proposed restricted dog to breed with any other dog, or
(b)  who advertises that a restricted dog or proposed restricted dog is available for breeding,
is guilty of an offence.
Maximum penalty—150 penalty units.
57D   Declared restricted dogs may be seized and destroyed after transition period
(1)  This section applies to any dog that becomes, any time after the transition period, a restricted dog because of a declaration by an authorised officer of a council under Division 6 of this Part.
(2)  However, this section does not apply to any such dog if—
(a)  the dog was, before the relevant date, registered under this Act (or a corresponding Act of another State or Territory) otherwise than as a breed or kind of dog referred to in section 55 (1) (a)–(d1) or as a cross-breed of any such breed or kind of dog, and
(b)  no person has been convicted, whether before or after the relevant date, of an offence under section 16 (1), (1AA) or (1AB) (or a similar offence under a corresponding Act of another State or Territory) as a result of the dog rushing at, attacking, biting, harassing or chasing any person or animal.
(3)  An authorised officer may seize a dog to which this section applies. The officer may do so regardless of whether the requirements of section 56 have been, or are capable of being, complied with in relation to the dog.
(4)  If a dog is seized under subsection (3)—
(a)  the dog is to be delivered as soon as possible to a council pound, and
(b)  an authorised officer of a council may authorise the destruction of the dog.
(5)  Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (3).
58   Civil liability of owner of restricted dog
The mere fact that a dog is a restricted dog does not affect the civil liability of the owner of the dog in any proceedings (other than proceedings under this Act).