Page 5331 - Week 14 - Wednesday, 29 November 2017

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6I  Section 45 (5), penalty

omit

5 penalty units

substitute

15 penalty units

6J  Removal of faeces

  Section 46 (2), penalty

omit

1 penalty units

substitute

5 penalty units

6K  Female dogs on heat

  Section 47 (1), penalty

omit

5 penalty units

substitute

15 penalty units

6L  Division 2.6 heading 

substitute

Division 2.6  Attacking, harassing and menacing dogs

6M  Dog attacks or harasses person or animal 

  Section 49A (4) (c)

after

person

insert

or animal

6N  Section 49A (5) and note

substitute

(5) Also, it is a defence to a prosecution for an offence against subsection (2) if the defendant proves that—

(a) the defendant asked or told another person to be the carer for the dog; and

(b) that person was, at the time of the offence, the carer for the dog; and

(c) the defendant had taken reasonable measures to ensure that the carer was able to exercise responsible dog management, care and control of the dog.

Examples—par (c)

• telling the carer about the dog, including about any control order or nuisance notice

• ensuring the carer was experienced enough and physically able to manage, care and control the dog

• ensuring the carer had a leash and secure premises for the dog

Note 1  The defendant has a legal burden in relation to the matters mentioned in s (4) and s (5) (see Criminal Code, s 59).

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