The Animals Legislation (Responsible Ownership) Act 2001, introduced last December, imposes tougher penalties for dog owners and greater powers for authorities to monitor the treatment of animals. The Act complements the existing provisions of the Domestic (Feral and Nuisance) Animals Act 1994 and highlights, through tougher penalties, those activities from which the community needs greater protection.

In particular, the legislation recognises a new classification of dangerous dog, a "restricted breed dog", and imposes significant penalties for owners who fail to keep these dogs under strict control. A "restricted breed dog" is stated to mean "a dog of a breed whose importation into Australia is prohibited under the Customs (Prohibited Imports) Regulations 1956 of the Commonwealth" and has commonly been applied to the growing numbers of pit bull terriers being kept as pets. An authorised officer under the Act has the power to declare a dog a "restricted breed dog".

The Animals Legislation (Responsible Ownership) Act 2001 makes it an offence for a person to attend an animal fight, imposing a maximum fine of $6000. It also gives authorities the power to apply for search warrants for premises where an inspector believes that an animal is being treated cruelly (abandoned, diseased, distressed or disabled). It enables inspectors to obtain a warrant to seize any animal where reasonable grounds of such cruelty exist.

In relation to "restricted breed dogs", there are strict rules regarding their ownership. The owner, on any application for its registration or renewal, must reveal the "restricted breed" status of the dog. Only two restricted breed dogs can be kept by an owner at any one time (unless with a council permit) and the dogs must be strictly confined. The dogs need to be kept on the premises in an escape proof and childproof enclosure that complies with the regulations. In addition, warning signs need to be displayed at all entrances of the dog owner's premises warning people that a restricted breed dog is kept there. If the restricted breed dog escapes or the ownership of the dog changes, the owner must notify the council within 24 hours. Similarly, when transferring ownership of a restricted breed dog, the owner must give written notice to the purchaser of its restricted breed status.

If a restricted breed dog is outside the premises, it needs to be muzzled in a manner that is sufficient to prevent biting and under the effective control of a person by means of a chain, cord or leash. A person in control of the restricted breed dog must be at least 17 years of age and the Act expressly states that it is an offence to sell, give or otherwise transfer ownership of such a dog to a person under 17 years of age.

A failure to comply with the provisions of restricted breed dog ownership carries penalties of up to $500 each.

Further amendments in the Act impose tougher penalties for general dog attacks. A person who deliberately sets a dog to attack faces a fine of up to $12,000 or six months jail. This is in contrast to the previous, significantly lower, penalty of $500. An unpremeditated attack by a dog not classified as dangerous or of restricted breed attracts a penalty of $1000 for its owner. If the dog is a dangerous dog (and not a guard dog guarding non-residential premises), and it attacks or bites a person or animal, the owner faces a jail term of 6 months or a fine of $12,000.

The new laws represent a tougher line by governments in an effort to curb the increased menace some dogs pose to the community. It is hoped that the new, tougher penalties will bring about a greater responsibility on the part of all pet owners to exercise due care and control of their dogs.