Dog Control Regulations 2010


Tasmanian Crest
Dog Control Regulations 2010

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Dog Control Act 2000 .

31 May 2010

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

BRYAN GREEN

Minister for Local Government

1.   Short title

These regulations may be cited as the Dog Control Regulations 2010 .

2.   Commencement

These regulations take effect on 1 July 2010.

3.   Interpretation

In these regulations –
Act means the Dog Control Act 2000 .

3A.   Prescribed details for microchip

[Regulation 3A Inserted by S.R. 2011, No. 46, Applied:01 Jul 2011] For section 15A of the Act, the following details are prescribed as the details to be entered into the approved database when a dog is implanted with a microchip:
(a) the name, residential address and contact number of the owner of the dog;
(b) the postal address of the owner of the dog, if different from the residential address;
(c) the email address of the owner of the dog, if available;
(d) the address and municipal area in which the dog resides;
(e) the name of the dog, if known;
(f) the breed of the dog or, in the case of a mixed breed, the closest known breeds of the dog;
(g) the sex of the dog and whether or not the dog has been desexed;
(h) the colouring of the dog and any other distinctive markings or features of the dog;
(i) details of any aggressive behaviour of the dog, if known;
(j) the declared status of the dog, whether a dangerous dog or a restricted breed dog, if applicable;
(k) the number of the microchip implanted and the date it was implanted;
(l) the full name and address of the person who implanted the dog with the microchip.

4.   Requirements for enclosure for dangerous dog

(1)  For the purposes of section 32 of the Act, an enclosure for housing a dangerous dog must –
(a) be fully enclosed; and
(b) be childproof; and
(c) have a minimum height of 1.8 metres and a minimum width of 1.8 metres; and
(d) have a floor area of at least 10 square metres for each dog in the enclosure; and
(e) have the walls, roof and the door or gate made of brick, timber, concrete, iron or mesh, or a combination of these materials, of sufficient strength and durability to prevent the escape of a dog; and
(f) have a sufficient weatherproof sleeping area for each dog in the enclosure; and
(g) have a sealed, graded concrete floor; and
(h) be situated so as not to require a person to pass through it to gain access to other parts of the property on which it is situated; and
(i) if fitted with a door or gate –
(i) be fitted with a self-closing and self-latching mechanism for the door or gate; and
(ii) be locked from the outside when a dog is inside the enclosure; and
(iii) have a clearly legible sign saying "Dangerous Dog" displayed on the door or gate; and
(j) be sufficient to prevent any dog in it from escaping.
(2)  If the walls, roof or door or gate of an enclosure are made of mesh, the mesh must be –
(a) chain mesh of at least 3.15mm gauge, with a maximum spacing of 50mm; or
(b) weldmesh of at least 4mm gauge, with a maximum spacing of 50mm.
(3)  There may be a gap of not more than 50mm at the top and bottom of a wall or door or gate of an enclosure to provide ventilation and drainage.

5.   Offences under Act

(1)  The offences generally described in Column 2 of Schedule 1 under the respective sections specified in Column 1 of that Schedule are prescribed as the offences under the Act in respect of which infringement notices may be issued.
(2)  The penalties specified in Column 3 of Schedule 1 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate.

6.   Rescission

The Dog Control Regulations 2001 are rescinded.
SCHEDULE 1 - Offences

Regulation 5

[Schedule 1 Amended by S.R. 2011, No. 46, Applied:01 Jul 2011] [Schedule 1 Amended by S.R. 2018, No. 29, Applied:27 Jun 2018]
 

Column 1 Section of Act

Column 2 - General description of offence

Column 3 Penalty units

1. 

4(5)

Having more dogs than permitted on footpath or in public place

1

2. 

8(1)

Failing to register dog over 6 months

1

3. 

8(2)

Concealing or disposing of dog to evade registration

1

4. 

10(3)(a)

Using invalid registration disc

1

5. 

10(3)(b)

Using registration disc issued to other dog

1

6. 

10(3)(c)

Counterfeiting or using counterfeit registration disc

1

7. 

10(3)(d)

Removing registration disc

1

8. 

11(1)

Failing to fasten collar, with registration disc attached, on dog

0.5

9. 

11(3)

Failing to attach registration disc on guide dog's or hearing dog's collar, lead or harness

0.5

10. 

11(4)

Removing collar from dog in public place

1

11. 

12(1)

Failing to notify council of dog's death or loss or removal, or of beginning to usually keep dog in another municipal area

0.5

12. 

13(1), (2)

Failing to notify change in ownership

0.5

12A. 

15A(1)

Failing to ensure dog implanted in approved manner with approved microchip

1

13. 

16(1)

Failing to ensure dog is not at large

1

14. 

16(2)

Failing to confine bitch on heat away from public place

0.5

15. 

16(3)

Failing to restrict dog in or on vehicle

1

16. 

17(1)

Failing to ensure dog does not chase moving vehicle

1

17. 

17(2)

Urging dog to chase moving vehicle

2

18. 

18(3)

Failing to ensure greyhound is under effective control

1

19. 

18(4)

Having more greyhounds in the charge of person than permitted

1

20. 

19(1)

Dog that is not under effective control of person on private premises, or not under effective control of person in public place, rushing at or chasing person

1

21. 

19(2)

Dog attacking person or animal causing non-serious injury

2

21A. 

19(3)

Dog attacking person or animal causing serious injury to person or serious injury or death to animal

4

22. 

19(5)

Failing to notify council of dog attack within 24 hours

1

22A. 

19AA(7)(a)

Obstructing, hindering, delaying, impeding or threatening approved person or veterinary surgeon

2

22B. 

19AA(7)(b)

Disobeying direction given by approved person

2

23. 

22(2)

Taking dog into prohibited area

2

24. 

23(2)

Taking dog into restricted area outside the declared restrictions

1

25. 

28(1)

Taking dog into prohibited public area

1

26. 

30(1)

Failing to notify dog is guard dog

1

27. 

33

Failing to display approved warning sign

2

28. 

34

Failing to notify loss, sale or giving away of dangerous dog or restricted breed dog

4

29. 

34B(1)

Transferring ownership of dangerous dog or restricted breed dog without approval

4

29A. 

34BA

Failing to notify of beginning to usually keep dog in another municipal area

4

30. 

34C

Keeping more than 2 restricted breed dogs

4

31. 

34D(2)

Failing to notify importation of dangerous dog or restricted breed dog

4

32. 

36(1)

Failing to pay fees, charges and costs of seized dog

1

33. 

40(1)(a)

Removing or interfering with seized dog

2

34. 

40(1)(b)

Destroying or damaging structure, enclosure or pound

2

35. 

41(4)(a)

Failing to notify destruction of attacking dog

1

36. 

41(4)(b)

Failing to return registration disc of destroyed dog

1

37. 

45(1)

Failing to remove and dispose of dog faeces

1

38. 

46(1)

Permitting dog to be nuisance

2

40. 

49A(3)

Failing to comply with abatement notice

4

41. 

50

Keeping too many dogs on premises

1

42. 

51(3)

Failing to give public notice of application for licence and details of application

0.5

43. 

55(3)

Keeping dog otherwise than specified in licence

1

44. 

55(4)

Keeping more dogs than specified in licence

1

45. 

77(2)(a)

Failing to provide name or address

1

46. 

77(2)(b)

Giving false name or address

1

47. 

78(a)

Making false or misleading statement

1

48. 

78(b)

Omitting matter resulting in misleading information

1

49. 

79

Obstructing, hindering, delaying or threatening authorised person

2

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 9 June 2010

These regulations are administered in the Department of Premier and Cabinet.