The Dog Amendment Act 2013 amended the Dog Act to redefine nuisance. It also introduced a more structured approach to dealing with nuisance complaints, including clarifying that local governments can take action on one complaint. Section 38 of the Dog Act provides for the following: 38. Nuisance dogs For the purposes of this section, a dog is a nuisance if the dog — makes a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any place; or is shown to be allowed to behave consistently in a manner contrary to the general interest of the community; or makes a noise, by barking or otherwise, that exceeds — (i) a prescribed noise level measured by a prescribed method over a prescribed period of time; or (ii) a prescribed number of times of occurrence during or over a prescribed period of time. A person may lodge a complaint in a prescribed form with an authorised person, alleging that a dog is a nuisance. If an authorised person is satisfied that a dog is a nuisance as alleged in a complaint, the authorised person may issue an order to a person liable for the control of the dog requiring that person to prevent the behaviour that is alleged to constitute the nuisance by a time specified in the order. An order has effect for 6 months after the day on which it is issued. A person to whom an order is issued must comply with the order during the period in which it has effect. Penalty: for an offence relating to a dangerous dog — (i) a fine of $10 000, but the minimum penalty is a fine of $500; (ii) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $500; for an offence relating to a dog other than a dangerous dog, a fine of $5 000.
The Dog Amendment Act 2013 amended the Dog Act to redefine nuisance. It also introduced a more structured approach to dealing with nuisance complaints, including clarifying that local governments can take action on one complaint. Section 38 of the Dog Act provides for the following: 38. Nuisance dogs For the purposes of this section, a dog is a nuisance if the dog — makes a noise, by barking or otherwise, that persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace, comfort or convenience of any person in any place; or is shown to be allowed to behave consistently in a manner contrary to the general interest of the community; or makes a noise, by barking or otherwise, that exceeds — (i) a prescribed noise level measured by a prescribed method over a prescribed period of time; or (ii) a prescribed number of times of occurrence during or over a prescribed period of time. A person may lodge a complaint in a prescribed form with an authorised person, alleging that a dog is a nuisance. If an authorised person is satisfied that a dog is a nuisance as alleged in a complaint, the authorised person may issue an order to a person liable for the control of the dog requiring that person to prevent the behaviour that is alleged to constitute the nuisance by a time specified in the order. An order has effect for 6 months after the day on which it is issued. A person to whom an order is issued must comply with the order during the period in which it has effect. Penalty: for an offence relating to a dangerous dog — (i) a fine of $10 000, but the minimum penalty is a fine of $500; (ii) for each separate and further offence committed by the person under the Interpretation Act 1984 section 71, a fine of $500; for an offence relating to a dog other than a dangerous dog, a fine of $5 000.