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Section 56 Companion Animals Act 1998
Control Requirements for Restricted Dogs

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Section 56 of the Companion Animals Act 1998 is Control Requirements for Restricted Dogs and is extracted below.

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The Legislation

56 Owner of restricted dog must comply with control requirements

(1) The owner of a restricted dog must ensure that each of the following requirements is complied with:
(a) In the case of an existing restricted dog, the dog must be desexed within 28 days after the relevant date. In the case of a dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog, the dog must be desexed within 28 days after it is declared to be a restricted dog. In the case of any other restricted dog born after the relevant date, the dog must be desexed within 3 months of being born.
(a1) While the dog is on property on which the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations. In the case of an existing restricted dog, or a restricted dog born within 3 months after the relevant date, the owner has 6 months from the relevant date to comply with this paragraph. Otherwise, the owner has 3 months from the date on which the restricted dog is born or 3 months from the date on which the dog is declared to be a restricted dog under Division 6 of this Part (as the case requires) to comply with this paragraph. A certificate of compliance in relation to the prescribed enclosure must be obtained by the owner of the dog–see section 58H.
(a2) Until such time as the requirement under paragraph (a1) is complied with in relation to the dog, the dog must, while on property on which it is ordinarily kept, be kept in an enclosure that is sufficient to restrain the dog and prevent a child from having access to the dog.
(b) The dog must not at any time be in the sole charge of a person under the age of 18 years.
(c) One or more signs must be displayed on that property showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property on which the dog is ordinarily kept or, if the regulations provide for the signs required by this paragraph, complying with the regulations.
(c1) The dog must at all times wear a collar of the kind prescribed by the regulations.
(d) Whenever the dog is outside its enclosure, the dog:
(i) must be under the effective control of some competent person 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
(ii) must be muzzled in a manner that is sufficient to prevent it from biting any person or animal.
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 dog) under his or her control at the one time.
(e), (f) (Repealed)
(g) The owner must notify the council of the area in which the dog is ordinarily kept of the following matters within the time specified in relation to each of those matters:
(i) that 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,
(ii) that the dog cannot be found–notice to be given within 24 hours after the dog’s absence is first noticed,
(iii) that the dog has died–notice to be given as soon as practicable after the death,
(iv) (Repealed)
(v) that 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,
(vi) that the dog is being ordinarily kept at a different location in the area of the council–notice to be given as soon as practicable after the change of location.
(h) In the case of a dog declared by an authorised officer of a council under Division 6 of this Part to be a restricted dog, the dog must, regardless of its age, be registered (if not already registered) within 7 days after it is declared to be a restricted dog.

(2) An owner of a dog who does not comply with any of the requirements of this section is guilty of an offence. Maximum penalty: 150 penalty units.

(3) The requirements imposed under this section on the owner of a restricted dog are additional to the other requirements of this Act imposed on the owner of a dog.

(4) In the event of an inconsistency between this section and the provisions of any agreement, covenant or instrument, this section is to prevail, but to the extent only of the inconsistency.

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