Page 5332 - Week 14 - Wednesday, 29 November 2017

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Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(6) If a person is convicted or found guilty of an offence against this section, the court may—

(a) order that the dog be destroyed; or

(b) make any other order the court considers necessary to ensure the safety of the public and other animals.

Clause 7

Page 4, line 1—

omit clause 7, substitute

7 Dog attacks person or animal causing serious injury

Section 50 (1) (e) and (2) (e)

after

reckless

insert

or negligent

7A Section 50 (3) (c)

after

person

insert

or animal

7B Section 50 (4), (5) and (6)

substitute

(4) 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) the 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 (3) and s (4) (see Criminal Code, s 59).

Note 2 An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(5) If a person is convicted or found guilty of an offence against this section, the court may—

(a) order that the dog be destroyed; or

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