❓ Hon Dr Steve Thomas questions the interpretation of the Dog Act 1976 regarding dog ownership, particularly when the registered owner and the person who ordinarily keeps the dog are different. The Department clarifies the definition of 'owner' under the Act.
AnsweredQoN 2159Legislative Council
QuestionView source ↗
I refer to the Dog Act 1976, clause 3(2), which states, "A person who is shown in the register maintained by a local
government under this Act as being the last person recorded by the local
government as the registered owner of a dog is deemed to be the owner of that
dog, whether or not the registration in his name continues in force, unless he
proves that he is not the owner of the dog", and I ask: (a) does a person who is the registered owner of a dog by a local government remain the official owner until they prove they are not the owner, even if the dog resides at a different location to the registered owner; (b) if no to (a), why not; (c) if no to (a), under what precise legislation does the registered owner cease to be the legal owner; and (d) at what point does the clause 3(1)(a) definition of "owner" as "the person by whom the dog is ordinarily kept" override clause 3(1)(b) which references clause 3(2)?
government under this Act as being the last person recorded by the local
government as the registered owner of a dog is deemed to be the owner of that
dog, whether or not the registration in his name continues in force, unless he
proves that he is not the owner of the dog", and I ask: (a) does a person who is the registered owner of a dog by a local government remain the official owner until they prove they are not the owner, even if the dog resides at a different location to the registered owner; (b) if no to (a), why not; (c) if no to (a), under what precise legislation does the registered owner cease to be the legal owner; and (d) at what point does the clause 3(1)(a) definition of "owner" as "the person by whom the dog is ordinarily kept" override clause 3(1)(b) which references clause 3(2)?
AnswerView source ↗
Answered
15 October 2024
Responded by
Minister for Agriculture and Food representing the Minister for Local Government
Response time
6 days
The Department of Local Government, Sport and Cultural Industries advises:
a) No.
b) The definition of “owner” under the Dog Act 1976 is either the person by whom the dog is ordinarily kept with or the person under clause 3(2).
c) Not applicable.
d) Clause 3(1)(b) is an extension of the definition of “owner”. It is available in circumstances where the definition under clause 3(1)(a) does not apply, or “the person by whom the dog is ordinarily kept” cannot be identified.
a) No.
b) The definition of “owner” under the Dog Act 1976 is either the person by whom the dog is ordinarily kept with or the person under clause 3(2).
c) Not applicable.
d) Clause 3(1)(b) is an extension of the definition of “owner”. It is available in circumstances where the definition under clause 3(1)(a) does not apply, or “the person by whom the dog is ordinarily kept” cannot be identified.
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