As reported on Sandy’s Facebook page in April 2023, a raft of measures were proposed regarding dog ownership laws including increased penalties for irresponsible dog owners, jail time for the worst offenders and a statewide ban on restricted breeds.
These new amendments have now commenced so it is important that all dog owners familiarise themselves with the changes to the Animal Management (Cats & Dogs) Act, particularly as it also involves a review of the penalties system. Below is a summary of the main changes provided by the Queensland Minister for Agricultural Industry Development and Fisheries following our enquiries:
After thousands of Queenslanders lodged formal submissions or completed surveys backing a tougher approach, the new laws mean irresponsible owners of dogs that attack and cause serious injury or death can now face jail terms.
The changes will include:
- Maximum fines for failure to take reasonable steps to ensure a dog does not attack to double to more than $92,000.
- Maximum fines up to $108,000 and up to three years jail for the owner of a dog that kills or seriously injures a person; and
- Bans on five dog breeds, namely Dogo Argentino, Fila Brasileiro, Japanese Tosa, American pit bull terrier or pit bull terrier, and the Perro de Presa Canario or Presa Canario.
The changes come after a review of the Animal Management (Cats & Dogs) Act 2008 and recommendations of a taskforce including the Department of Agriculture and Fisheries (DAF), participating local governments, the Local Government Association of Queensland and RSPCA Queensland.
The changes will be supported with a $7.57 million funding package, which will provide more coordinated, consistent and effective government action in response to dog attacks, and support dog management initiatives in First Nations communities.
The funding will also include a community education and awareness campaign rolled out over three years to build responsible dog ownership, prevent dog attacks, and reduce the risk of harm from dog attacks.
We would appreciate any feedback from Noosa State Electorate residents via noosa@parliament.qld.gov.au regarding these changes.
Please note that although these are separate to Noosa Council’s Local Laws, breaches should be reported to council as they are responsible for enforcing the Animal Management (Cats and Dogs) Act. For enquires regarding their Local Laws, please contact Council direct via mail@noosa.qld.gov.au. Your elected Councillors’ information can be found at www.noosa.qld.gov.au/downloads/file/927/contact-list-councillors.
For those who are interested, we have prepared more detailed information below, which references the specific changes to legislation regarding effective control.
EFFECTIVE CONTROL OF A DOG:
One of the amendments, that is of importance to all dog owners is the changing of Chapter 1, Part 2, Division 1, Section 4 of the Animal Management (Cats & Dogs) Act, from:
Imposing obligations on particular persons to ensure dogs do not attack or cause fear;
To the following:
Imposing obligations on particular persons to exercise effective control of dogs in particular circumstances and ensure dogs do not attack or cause fear;
Effective control operates differently between ‘regulated dogs’, which is a dog that has been declared dangerous or menacing, and those that do not come under this category.
For owners of regulated dogs, ‘effective control’ means the following:
(a) all of the following apply—
(i) the person is physically able to control the dog;
(ii) the person is in control of only that dog;
(iii) either—
(A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device that is appropriate to restrain the dog in a way that ensures the dog is not a risk to a person or an animal.
(B) the dog is securely tethered to a fixed object in a way that ensures the dog is not a risk to a person or an animal and is under the continuous supervision of the person.
(b) the dog is being kept in an enclosed part of a vehicle and is enclosed or restrained in a way that prevents the dog, or any part of the dog, moving outside the enclosed part of the vehicle.
For owners of a dog that is not a regulated dog, ‘effective control’ means the following:
(a) for a dog in a public place that is an off-leash area—the person is able to supervise the dog and control the dog by using voice command; or
(b) for a dog in another public place—
(i) the person is physically able to control the dog; and
(ii) 1 of the following applies—
(A) the person is restraining the dog by holding the dog by a leash, lead or other restraining device;
(B) the dog is securely tethered to a fixed object and is under the continuous supervision of the person;
(C) the dog is kept in an appropriate temporary enclosure that contains the dog’s movement and is under the continuous supervision of the person; or
(c) the dog is being confined or tethered in, or on, a vehicle in a way that prevents the dog moving any part of its body beyond the vehicle.
A dog owner is seen to be exercising effective control if the dog is participating or exhibited in, as well trained at, an exhibition, race meeting, race trial or obedience trial that is being supervised by a body that is recognised by the state or a local government in whose government area that event takes place. Also, if the dog is a working dog and is performing a function of being a working dog.
The updated maximum penalty for those not effectively controlling their dog in a public place, as well as those not ensuring their dog does not attack or cause fear, is as follows:
(a) if the dog attacks a person and the attack causes the death of, or grievous bodily harm to, the person—
(i) if the dog is a regulated dog — 600 penalty units or 2 years imprisonment; or
(ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years— 600 penalty units or 2 years imprisonment; or
(iii) otherwise — 600 penalty units or 1 year’s imprisonment; or
(b) if the dog attacks an animal and the attack causes the death of the animal or maims the animal—
(i) if the dog is a regulated dog — 500 penalty units; or
(ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—500 penalty units; or
(iii) otherwise—400 penalty units; or
(c) if the dog attacks a person and the attack causes bodily harm to the person—
(i) if the dog is a regulated dog—300 penalty units or 6 months imprisonment; or
(ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units or 6 months imprisonment; or
(iii) otherwise—300 penalty units; or
(d) if the dog attacks an animal and the attack wounds the animal—
(i) if the dog is a regulated dog—200 penalty units; or
(ii) if the relevant person has been convicted of a serious dog offence within the preceding 5 years—200 penalty units; or
(iii) otherwise—150 penalty units; or
(e) if paragraphs (a) to (d) do not apply—
(i) if the dog is a regulated dog—100 penalty units; or
(ii) otherwise—50 penalty units.
ALLOWING OR ENCOURAGING A DOG TO ATTACK OR CAUSE FEAR:
The amendments also updated the fee penalties system for owners who allow or encourage their do to attack, or act in a way that causes fear to, a person or an animal. The maximum penalty for these offences are as follows:
(a) if the attack causes the death of a person or grievous bodily harm to a person—
(i) if the dog is a regulated dog—700 penalty units or 3 years imprisonment; or
(ii) if the person has been convicted of a serious dog offence within the preceding 5 years—700 penalty units or 3 years imprisonment; or
(iii) otherwise—700 penalty units or 2 years imprisonment; or
(b) if the attack causes the death of an animal or maims an animal—
(i) if the dog is a regulated dog—600 penalty units; or
(ii) if the person has been convicted of a serious dog offence within the preceding 5 years—600 penalty units; or
(iii) otherwise—500 penalty units; or
(c) if the attack causes bodily harm to a person—
(i) if the dog is a regulated dog—400 penalty units or 2 years imprisonment; or
(ii) if the person has been convicted of a serious dog offence within the preceding 5 years—400 penalty units or 2 years imprisonment; or
(iii) otherwise—400 penalty units; or
(d) if the attack wounds an animal—
(i) if the dog is a regulated dog—300 penalty units; or
(ii) if the person has been convicted of a serious dog offence within the preceding 5 years—300 penalty units; or
(iii) otherwise—200 penalty units; or
(e) if paragraphs (a) to (d) do not apply—
(i) if the dog is a regulated dog—150 penalty units; or
(ii) otherwise—75 penalty units.
BANNING CERTAIN BREEDS OF DOGS
This Bill also serves to impose a new state-wide ban on restricted dog breeds. The Bill amends the Animal Management (Cats and Dogs) Act to remove the ability for new permits to be issued for restricted dogs and prohibits a person from owning the following breeds in Queensland, unless under transitional arrangements:
- Dogo Argentino
- Fila Brasileiro
- Japanese Tosa
- American pit bull terrier or pit bull terrier
- Perro de Presa Canario or Presa Canario.
Under these new amendments a person must not own, or be a responsible person for, a prohibited dog unless the person has a reasonable excuse, e.g. the animal is an assistance animal. However, if a restricted dog permit was in effect under the former act the dog is not taken to be a prohibited dog for the purposes of this Act.
Further information
For more information you can read find the amended Animal Management (Cats and Dogs) Act at www.legislation.qld.gov.au/view/html/current/act-2008-074#, or you can read Chapter 4 Amendment of Animal Management (Cats and Dogs) Act 2008 of the Agriculture and Fisheries and Other Legislation Amendment Act 2004 at www.legislation.qld.gov.au/view/pdf/asmade/act-2024-017.
For those who would like to directly advocate with the Minster, please do so via agriculture@ministerial.qld.gov.au. Please cc’ our office in via noosa@parliament.qld.gov.au and forward any response you receive to us.
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