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DOG CONTROL ACT 2000 (PART 3 - Control of Dogs Division 6 – Nuisances) Dogs creating nuisance 46. (1) The owner or person in charge of a dog must not permit the dog to be, become or create a nuisance in a public place. Penalty: Fine not exceeding 5 penalty units. (2) The occupier of any premises must not permit a dog to be, become or create a nuisance on those premises. Penalty: Fine not exceeding 5 penalty units. (3) A dog is a nuisance if – (a) it behaves in a manner that is injurious or dangerous to the health of any person; or (b) it creates a noise, by barking or otherwise, that persistently occurs or continues to such an extent that it unreasonably interferes with the peace, comfort or convenience of any person in any premises or public place. Complaints relating to nuisance 47. (1) A person may make a complaint to the general manager in respect of a dog that is a nuisance. (2) A complaint is to – (a) be in an approved form; and (b) be accompanied by any appropriate fee; and (c) state the nature of the nuisance. Investigation of complaint 48. (1) On receipt of a complaint, the general manager is to investigate the subject matter of the complaint. (2) If the general manager considers that the complaint has substance, the general manager – (a) may institute proceedings for an offence under section 46; and (b) is to refund the fee that accompanied the complaint to the complainant. Orders relating to nuisance 49. In determining proceedings relating to an offence under section 46, a court may make any of the following orders: (a) an order that the owner or person in charge of the dog to which the proceedings relate have the dog destroyed; (b) an order that the dog be removed from specified premises; (c) any other order to abate the nuisance. (PART 4 - Legal proceedings Division 2 - Infringement notices) Service of infringement notice 64. (1) An authorised person may serve an infringement notice on a person if of the opinion that the person has committed a prescribed offence against this Act. (2) An infringement notice – (a) is not to relate to 4 or more offences; and (b) is not to be served on a person under the age of 16 years. Form of infringement notice 65. (1) An infringement notice is to – (a) be in an approved form; and (b) specify – (i) the prescribed offence to which it relates; and (ii) the prescribed penalty for that offence; and (iii) the total amount payable; and (iv) the place at which the penalty is to be paid; and (v) any other prescribed details. (2) An infringement notice is to state that the person on whom it is served may disregard the notice but that on doing so the person may be prosecuted for the offence to which the notice relates. Acceptance of infringement notice 66. A person may accept an infringement notice by – (a) paying the total amount payable at a place specified in the notice within 21 days after being served with the notice; or (b) lodging at the place specified in the notice within 21 days after being served with the notice a written undertaking to pay the amount payable. Extension of acceptance period 67. If an infringement notice is not accepted before the period referred to in section 66 expires, a clerk of petty sessions or a general manager may allow a further period of 14 days commencing on that expiry for the acceptance of that notice. PART 5 - Miscellaneous Entering private premises 72. (1) An authorised person may enter and remain in or on any private premises at any reasonable time to determine – (a) the number of dogs on those premises; and (b) whether or not any dog on those premises is registered; and (c) any other relevant matter relating to any licence. (2) An authorised person may require the occupier of the premises to produce for inspection by the authorised person on the premises – (a) all dogs of which the occupier is the owner; and (b) any other dogs kept on those premises; and (c) evidence of the registration of dogs kept on those premises. Entering land 73. (1) An authorised person who has reason to believe that the owner or person in charge of a dog has committed an offence against this Act may – (a) enter onto land owned or occupied by that owner or person, but not any dwelling on that land; and (b) search for and seize any dog on that land. (2) An authorised person may apply to a magistrate for a warrant to enter any dwelling on that land to enforce any provision of this Act. (3) A magistrate, by warrant, may empower an authorised person and any other person named in the warrant to enter a dwelling by force if – (a) the dwelling is not occupied; or (b) entry into the dwelling has been refused or is likely to be refused. (4) A warrant continues in force until the purpose for which it was granted is satisfied |