You must submit a Restricted or dangerous dog annual permit fees (PDF, 145 KB) form and and pay the relevant annual permit fee through your local council if you own a dog declared to be dangerous.
It is an offence to sell, advertise for sale, give away, or transfer ownership of a proposed or declared dangerous or menacing dog.
Dangerous dog definition
An authorised council officer or a local court can declare a dog to be dangerous for any the following reasons:
- it has attacked or killed a person or animal (not including vermin such as rats and mice) without provocation
- it has repeatedly threatened to attack or repeatedly chased a person or animal (not including vermin) without provocation
- it has been declared a dangerous dog under a law of another Australian state or a territory that corresponds with the Companion Animals Act
- it is kept or used for hunting – not including dogs used for locating, flushing, pointing, or retrieving birds or vermin.
Under the Companion Animals Act 1998, it is an offence to encourage a declared dangerous dog to attack a person or animal, attracting a maximum penalty of $77,000, 5 years imprisonment or both.
Menacing dog definition
The relevant authority can declare a dog to be menacing for any of the following reasons:
- it has displayed unreasonable aggression towards a person or animal (other than vermin)
- it has, without provocation, attacked a person or animal (other than vermin) without causing serious injury or death
- it has been declared a menacing dog under a law of another Australian state or a territory that corresponds with the Companion Animals Act 1998.
Notice of intention for dangerous or menacing dogs
Before an authorised council officer or local court declares a dog as dangerous or menacing, they will issue a notice of intention.
If you have received a notice of intention for your dog, the following may apply:
- an authorised officer may seize a dog that is subject to a notice of intention if the dog is not microchipped and registered when the notice is issued
- if you do not meet the control requirements for a proposed dangerous or menacing dog, you may receive a penalty notice.
Lodge an objection about your dog being declared dangerous or menacing
If your local council intends to declares your dog to be dangerous or menacing, it will issue a notice of intention. This notice will require you to comply with certain control requirements until a decision is made by council whether to proceed with the declaration, such as ensuring the dog is muzzled while in public.
You have 7 days from the date council issues the notice to lodge an objection. If no objection is received within this time, council can proceed to make the declaration.
If you do object, you should provide evidence to support this, including a behavioural assessment from a professional behavioural assessor. Your local council must consider your objection before deciding if it will declare your dog dangerous or menacing.
Your local council and the Office of Local Government cannot recommend or provide contact details of professional behavioural assessors. You can ask your local vet for advice, or do independent research.
If, after considering your objection, council decides to declare your dog dangerous or menacing, you must comply with control requirements outlined in the Companion Animals Act 1998, including paying an annual permit fee.