Dangerous and restricted dogs

The Companion Animals Act 1998 sets requirements for dog owners and prohibitions the keeping of dangerous and restricted dogs. Dogs can be declared dangerous by Council or the courts. This often happens in response to significant aggressive behaviour.

Restricted dogs are the following breeds or part breeds:

• American pitbull;
• Pitbull terrier;
• Japanese tosa;
• Argentinian fighting;
• Brazilian fighting.

The owner of a restricted or dangerous dog can receive significant penalties and the dog can be seized if these requirements are not met.

Owner responsibilities:

• Desexing: a dangerous or restricted dog must be desexed;
• Enclosure requirements: while the dog is on its property it must be kept in an enclosure that complies with the requirements prescribed by the regulations as outlined on the page, Enclosure Requirements for Restricted and Dangerous Dogs;
• Warning signs: One or more signs, made of durable materials no smaller than 40cm x 40cm, must be displayed showing the words 'Warning Dangerous Dog' in letters clearly visible from the boundaries of the property that are at least 50mm high and 10mm wide. An additional sign is required to be placed on the gate of the enclosure;
• Muzzle worn: the dog must wear a muzzel outside its enclosure. The muzzel should be secured so it prevents the dog from biting any person or animal;
• Person in charge: no-one under the age of 18 years should be solely in charge of the dog;
• Effective control: the dog must be under effective control by a competent person when outside its enclosure, by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and for the purposes of this paragraph, a dog is not considered to be under the effective control of a person if the person has more than 2 dogs (one of which is the restricted or dangerous dog) under their control at the one time;
• Distinctive collar must be worn: the dog must wear a collar of the kind prescribed by the regulations at all times. A collar must comply to all of the following stardards:
  • consisting of red stripes alternatively spaced with yellow stripes each being a width of 25mm and set diagonal to the rim of the collar at an angle of 45 degrees;
  • at least one of the 2 colours reflects light in the dark;
  • made of durable materials;
  • able to be securely fastened;
  • has a device or other facility that enables it to be attached to a leash;
  • has a minimum width of:
    • 25mm for a dog weighing less than 20kg;
    • 40mm for a dog weighing between 20kg and 40kg;
    • 50mm for a dog weighing more than 40kg. Owner to notify Council of change;
• The owner must notify Council about the following matters:
  • when the dog (with or without provocation) has attacked or injured a person or animal (other than vermin):
    • Notice to be given within 24 hours after the attack or injury;
  • when the dog has gone missing and cannot be found:
    • Notice to be given within 24 hours after the dog’s absence is first noticed;
  • when the dog has died:
    • Notice to be given as soon as practicable after the death;
  • when the dog is no longer being ordinarily kept in the area of the Council:
    • Notice to be given as soon as practicable after the change of location;
  • when the dog is being kept at a different address within Council’s area:
    • Notice to be given as soon as practicable after the change of location;
• Selling a restricted dog: It is illegal for a person to sell or advertise for sale, a restricted dog or proposed restricted dog. The term 'sell' includes giving it away as a gift. Abandoning an animal is also an offence. To remove responsibility for the dog you can only surrender the dog to a Council pound or an approved animal welfare organisation;
• Accepting ownership of a restricted dog: It is illegal for a person to accept ownership of a restricted dog or proposed restricted dog;
• Breeding a restricted dog: It is illegal for a person to cause or permit a restricted dog or proposed restricted dog to breed with any other dog, or who advertises that a restricted dog or proposed restricted dog is available for breeding;
• Microchip and registration of dog: All dogs must be microchipped and lifetime registered.

Other matters to Cconsider:
If you are renting or leasing a property you may need to look at your tenancy agreement to ensure that you are allowed to keep a dangerous or restricted dog. As an example, Council has been advised by the Department of Housing that the Department does not allow dangerous or restricted dogs to be kept on their property under their Pets Policy.