Section 17 of the Companion Animals Act 1998 is Encouraging Dog to Attack and is extracted below.
For expert advice and outstanding representation from Australia’s leading Companion Animals Act lawyers, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence lawyers help you.
17 Dog must not be encouraged to attack
(1) A person who sets on or urges a dog to attack, bite, harass or chase any person or animal (other than vermin) is guilty of an offence, whether or not actual injury is caused. Maximum penalty:
(a) 20 penalty units except in the case of a dangerous or restricted dog, or
(b) 100 penalty units or 6 months imprisonment, or both, in the case of a dangerous or restricted dog (except in the circumstances referred to in paragraph (c)), or
(c) 200 penalty units or imprisonment for 2 years, or both, in the case of a dangerous or restricted dog that has attacked or bitten a person.
If the dog is a dangerous dog or a restricted dog, conviction for an offence under this section results in permanent disqualification from owning a dog or from being in charge of a dog in a public place. See section 23.
(2) This section does not apply to something done by a person:
(a) in the reasonable defence of a person or property,
(b) in the proper performance of the person’s duties as a police officer or correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999),
(c) in the course of the use of a dog for the working of stock or the training of a dog in the working of stock,
(d) in the course of lawful hunting.