Dog (Restricted Breeds) Amendment Regulations 2003

On 20 March 2002 the Premier announced a twelve month trial period for new regulations covering the ownership and handling of restricted breed dogs in Western Australia. These regulations have been extended unitl 22nd April 2006, or as an interim measure until the porposed ammendments to the Dog Act 1976 are enacted later this year.

Dog (Restricted Breeds) Amendment Regulations 2003 were gazetted on 4 April 2003. The legislation is provided for under section 53 of the Dog Act 1976.

Owners of pit bull terriers, American pit bull terriers, dogo Argentino, fila Brasileiro,Japanese tosa and Presa Canario (or crosses of these breeds) must have their dogs leashed and muzzled at all times in public places. These breeds or cross breeds must wear a specified collar indicating a dangerous dog. Property access points must display signs indicating that a dangerous dog is housed on the property and the property must have escape-proof and child-proof fencing. When in public places, the dog must be under the control of a person who is 18 years of age or older and who is physically able to control the dog. 

Dog (Restricted Breeds) Amendment Regulations 2006

The Dog (Restricted Breeds) Regulations 2002 covering the ownership and handling of restricted breed dogs in Western Australia were gazetted on 22 March 2002, have been extended until 22 April 2006 and may be extended further.  The legislation is provided for under section 53 of the Dog Act 1976.

The Regulations define restricted breeds as those whose importation into Australia has been prohibited under Federal Customs laws.  The specific breeds are – pit bull terriers, American pit bull terriers, dogo Argentino, fila Brasileiro, Japanese tosa and Presa Canario.  The Regulations also provide for a restricted breed dog to include any dog of a mixed breed that visibly contains any of the abovementioned prohibited breeds.

New Regulations announced by the Minister for Local Government and Regional Development, Mr John Bowler MLA, were gazetted on Friday, 9 December 2005 and will come into operation on Friday, 10 March 2006.

The effect of these Regulations is that an owner who already has a restricted breed dog may keep it for the rest of the dog’s life as long as it is sterilised.  The intention is to phase out these types of dogs in Western Australia.

Effective 10 March 2006 owners of restricted breed dogs MUST:

• be 18 years of age or over;
• register (from 3 months of age) and provide proof to an authorised officer within 24hrs that the dog is sterilised (from 6 months of age);
• display “dangerous dog” warning signs at each entrance to the premises at which the dog is kept;
• keep the dog in escape-proof and child-proof fencing;
• ensure the dog wears a “dangerous dog” collar;
• leash and muzzle the dog while in public places;
• ensure no minors are in charge of the dog in public places;
• not keep more than two restricted dogs per person or property without a permit from the Council;
• notify a prospective owner that the dog is a restricted breed dog; and
• notify Council if the dog escapes, dies or there is a change of ownership or new address.

The Regulations also provide extra powers for seizure and destruction where regulations 5, 6 or 7 (enclosed) have been contravened. 

These regulations apply to all restricted breeds regardless of temperament or behavioural history.

To help offset the cost for owners of restricted breeds, Council, in conjunction with local Veterinarians offer the following:

1. Voucher to reduce the cost of sterilisation by $40 (only available at Ranger Services Mon-Fri 8am-5pm)
2. 2 “Dangerous Dog” signs can be provided for your property free of charge from Ranger Services when you register your restricted breed.

Collars, muzzles and any additional Dangerous Dog signs required can be purchased from:

Local veterinary practices may also carry equipment required for compliance with the new regulations.

Things to consider for containment of a Restricted Breed dog at your property:

• Owners of dogs certify under Section 16[1a] of The Dog Act 1976 (when registering their dog) that the means exist on the premises for effectively confining the dog.
• If your dog is a Restricted Breed, under Regulation 6 of the Dog (Restricted Breeds) Regulations 2002 the means for confining your dog will now have to be capable of keeping the dog in and young children out.
• The dog cannot be confined by tethering within the premises.
• Council can refuse or cancel a registration if it is satisfied that the means do not exist on the premises to confine the dog as stipulated in Section 16[1a] of The Dog Act 1976.

Checklist

• Are your fences constructed of a material capable of confining your dog?
• Are your fences of adequate height to contain the dog?
• Do your fences prevent the dog from escaping by digging underneath?
• Are the fences childproof and secure?
• Are all entrances to the property where the dog is normally kept, signposted with the correct “dangerous dog” signs?
• Are all entrances – gates, doors etc secured with childproof locks, self closers etc.

The City of Mandurah or its officers are unable to provide an opinion or confirm that the enclosure you provide for your dog is child and/or escape proof pursuant to Regulation 6.  The registered owner or person in charge of the dog is solely liable for compliance.

If you require any further assistance with this matter, please contact Ranger Services on 95503630 during office hours.

These regulations apply to all restricted breeds regardless of temperament or behavioural history. Further information can be obtained by clicking on the following links Dog Restricted Breeds or http://www.dlgrd.wa.gov.au/localgovt/_pubbin/dogactbrochure.pdf