State laws enforced

Media Statement from Roger Collins, Director City Development
Thursday 13 January 2010, Moreland City Council

We sympathise with residents who lose pets as a result of attacks from other dogs and do our best to monitor and enforce State Government Domestic Animal legislation to prevent them from occurring.

Under the existing legislation, a “restricted breed dog” is defined as a breed whose importation into Australia is prohibited under the Commonwealth Customs (Prohibited Imports) Regulations 1956.

The dogs that this legislation affects are: Pit Bull Terrier Breeds including the American Pit Bull Terrier, Dogo Argentino, Fila Brasileiro, Japanese Tosa and the Perro de Presa Canario.

Of these, the Pit Bull Terrier and the Perro de Presa Canario are the only breeds currently known to exist in Australia.

Currently, Council’s Local Laws restrict the maximum number of dogs allowed in Moreland to two unless a permit is issued for additional animals. Fines apply for people found in breach of this regulation.

Regarding a recent incident in Coburg we can confirm Council officers performed a full investigation which resulted in four dogs being impounded. The owners of the impounded dogs were issued fines for the dogs being unregistered including the costs of impounding and handed a Notice to Comply to fix fencing around the property. Following the investigation, officers negotiated with the owners to have two of the four dogs euthanized.

In handling this matter Council used all its available enforcement powers but could not take it further as there were no human witnesses to the attack. In order for Council to successfully determine the facts beyond reasonable doubt of an attack and prosecute an owner there needs to be witness statements as well as forensic evidence. The Courts require the same level of proof required for criminal matters.

Council officers explained the process to one of the owners of the pets which suffered the attack and also had discussions with their lawyers. At this point the matter has been finalised and we feel that we have gone as far as we are legally able to.