The effects dog attacks can have on individuals and the community more broadly can be lifelong, and thus, as Council’s would be aware, the need to protect the community from dangerous and menacing dogs is very important. The Animal Management (Cats and Dogs) Act 2008 (‘AMCDA’) is an important piece of legislation that governs the regulation of animals, in particular dogs.
In addition to any local law powers Council may have, under the AMCDA Council, as local government, is afforded powers to deal with cats and dogs, including the ability to declare dogs as regulated, being dangerous or menacing dogs, and to impose conditions on these animals for the protection of the community. Where pet owners breach these conditions or their dog attacks or causes fear, they will have committed an offence under the AMCDA.
Where Council, considers a dog owner or a person responsible for a dog has committed an offence against the AMCDA, Council may issue an infringement notice for such offences.
In the recent Agriculture and Fisheries and Other Legislation Amendment Act 2024 No. 17 there have been amendments to the AMCDA that have significantly increased existing penalties and implemented additional offences in relation to the effective control of dogs that carry heavy penalties.
Some offences that Council will most likely encounter, have seen an increase in the maximum penalty from 75 ($12,097.50) to 150 penalty units ($24,195.00), these include:
- The obligation to comply with permit conditions;
- The obligation of an owner of, or responsible person for, a dog the subject of a proposed declaration notice to comply with conditions;
- The obligation of an owner of, or responsible person for, a declared dangerous or menacing dog to comply with conditions;
- The failure to comply with a compliance notice.
The increase in penalties is reflective of community views on dog ownership and protection from dangerous dogs and highlights the importance of Council’s role in protecting the community and enforcing safe dog ownership throughout the community including the issuing of penalties for noncompliance.
Penalties to be imposed
In determining the penalty to be imposed on a relevant person, the Court in Gromchenko v Brisbane City Council have indicated that factors such as the available maximum penalty and the nature of a person’s proven culpability including any competing aggravating and mitigatory features, will be important.
Features that may increase the penalty a person is liable for, and that Council should note may include:
- deliberate attempts of owners to conceal a dog from Council;
- the extent of the harm caused by a dog– i.e. whether it was serious harm; and
- Where Council has made a declaration, whether the relevant person had knowledge of the declaration and failed to take necessary steps to protect the community.
Penalty Units
The value of a penalty unit as of 1 July 2024 is $161.30. The penalty for an offence is therefore calculated by multiplying the number of penalty units for an offence by $161.30.
For example, the maximum penalty that may be imposed on an owner for failing to desex a dangerous dog is 150 penalty units – $24,195.00.
Summary
Preston Law assists Councils throughout Queensland in all aspects of compliance and would be happy to support Council to carry out any of their powers under the AMCDA or with any compliance queries generally. If you would like any assistance, please do not hesitate to contact our team.