s. 41A the owner of that dangerous dog and any person for the time being in charge of the dog are guilty of an offence and liable to a penalty of not more than 40 penalty units. (2) This section does not apply to a dangerous dog which is a guard dog while the dog is guarding non-residential premises. Pt 3 Div. 3A Division 3A—Particular provisions for the control of (Heading and ss 41A–41E) menacing dogs inserted by No. 87/2000 s. 20. 41A Declaration that a dog is a menacing dog S. 41A inserted by No. 87/2000 (1) A Council may declare a dog to be a menacing s. 20. dog if— (a) the dog has rushed at or chased a person; or (ab) the dog bites any person or animal causing S. 41A(1)(ab) inserted by injury to that person or animal that is not in No. 44/2010 the nature of a serious injury; or s. 12. (b) the dog has been declared a menacing dog S. 41A(1)(b) amended by under a law of another State or a Territory of No. 69/2004 the Commonwealth that corresponds with s. 27(1). this Division. (2) The Council must not make a declaration under subsection (1)(a) if the incident occurred because— (a) the dog was being teased, abused or assaulted; or (b) the person was trespassing on the premises on which the dog was kept; or
the owner of that dangerous dog and any person for the time being in charge of the dog are guilty of an offence and liable to a penalty of not more than 40 penalty units. (2) This section does not apply to a dangerous dog which is a guard dog while the dog is guarding non-residential premises. Pt 3 Div. 3A (Heading and ss 41A–41E) inserted by No. 87/2000 s. 20. Division 3A—Particular provisions for the control of menacing dogs S. 41A inserted by No. 87/2000 s. 20. 41A Declaration that a dog is a menacing dog s. 41A (1) A Council may declare a dog to be a menacing dog if— (a) the dog has rushed at or chased a person; or S. 41A(1)(ab) inserted by No. 44/2010 s. 12. (ab) the dog bites any person or animal causing injury to that person or animal that is not in the nature of a serious injury; or S. 41A(1)(b) amended by No. 69/2004 s. 27(1). (b) the dog has been declared a menacing dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division. (2) The Council must not make a declaration under subsection (1)(a) if the incident occurred because— (a) the dog was being teased, abused or assaulted; or (b) the person was trespassing on the premises on which the dog was kept; or
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