Western Australian Consolidated Regulations

DOG REGULATIONS 1976 - REG 13

13 .         Infringement notices

        (1)         The offences created by a provision specified in column 2 of the table set out in this regulation are prescribed pursuant to section 45A of the Act as offences in relation to which a modified penalty applies, and the amount appearing in column 4 of that table directly opposite an offence is the prescribed modified penalty payable in respect of that offence if dealt with pursuant to this regulation in respect of a dog which is not a dangerous dog, but if the dog is a dangerous dog the amount appearing in column 5 is the prescribed modified penalty in respect of that offence.

Item	Section	Matter to which section relates	General Penalty	Dangerous Dog Penalty
			$	$
1.	7(1)	Unregistered dog	100	200
2.	16A(1)	Failure to give notice of new owner	40
3.	26(4)	Keeping more than prescribed number of dogs	100
4.	27(2)	Breach of kennel establishment licence	200
5.	30(2)	Dog in public place without collar or registration tag	50	100
6.	30(2)	Owner's name and address not on collar	50	100
7.	31(3)	Dog not held by a leash in certain public places	100	200
8.	32(4)	Failure to control dog in exercise areas and rural areas	100	200
9.	33(3)	Greyhound not muzzled	200
10.	33A(3)	Dog in place without consent	100	200
11.	33L(1)(a) & (b)	Dangerous dog not muzzled		250
12.	33L(1)(a) & (b)	Dangerous dog not on leash in exercise area		200
13.	33L(1)(a) & (b)	Dangerous dog not under continuous supervision		200
14.	33L(1)(a) & (b)	Dangerous dog in specifically prohibited area		200
15.	33L(1)(a) & (b)	Dangerous dog enclosure requirement not complied with		200
16.	33L(1)(a) & (b)	Dangerous dog not wearing specified collar		200
17.	33L(1)(a) & (b)	Dangerous dog signs not displayed		200
18.	33L(1)(d)	Local government not advised of dangerous dog attack		200
19.	33L(1)(d)	Local government not advised of missing dangerous dog		200
20.	33L(1)(d)	Local government not advised of dangerous dog ownership change		200
21.	33L(1)(d)	Local government not advised of dangerous dog location change		200
22.	36(1)	Failure to take steps against parasites	50
23.	38(1a)	Dog causing nuisance	100	200
24.	43(2)	Failure to produce document issued under Act	100
25.	43A	Failure of alleged offender to give name and address	100

        (1a)         The offences created by regulation 10B(2) and (3) are prescribed under section 45A of the Act as offences in relation to which a modified penalty applies, and $100 is the prescribed modified penalty for each of those offences if dealt with under this regulation.

        (2)         Where an authorised person has reason to believe that a person has committed any such offence against the Act as is prescribed by this regulation, he may serve on that person a notice in the form of Form 7 in the First Schedule (in this regulation called an infringement notice ) informing the person that, if he does not wish to have a complaint of the alleged offence heard and determined by a court, he may pay to the local government specified in the notice, within the time therein specified, the amount prescribed as the modified penalty.

        (3)         An infringement notice may be served on an alleged offender personally or by posting it to his address as ascertained from him, at the time of or immediately following the occurrence giving rise to the allegation of the offence, or as recorded by the local government pursuant to the Act.

        (4)         Where a person who receives an infringement notice fails to pay the prescribed penalty within the time specified in the notice, or within such further time as may in any particular case be allowed, he is deemed to have declined to have the allegation dealt with by way of a modified penalty.

        (5)         An alleged offender on whom an infringement notice has been served may, within the time specified in that notice or such further time as may in any particular case be allowed, send or deliver to the local government specified in that notice the amount of the prescribed penalty, with or without a reply as to the circumstances giving rise to the allegation, and then — 

            (a)         the local government may appropriate that amount in satisfaction of the penalty and issue an acknowledgement; or

            (b)         the local government, or an authorised person acting on behalf of the local government, may withdraw the infringement notice under subregulation (6) and refund the amount so paid.

        (6)         An infringement notice may, whether or not the prescribed penalty has been paid, be withdrawn by the local government, or an authorised person acting on behalf of the local government, by the sending of a notice in the form of Form 8 in the First Schedule to the alleged offender at the address specified in the notice or his last known place of residence or business and in that event any amount received by way of modified penalty shall be refunded and any acknowledgement of the receipt of that amount shall for the purposes of any proceedings in respect of the alleged offence be deemed not to have been issued.

        (7)         A person appointed under section 29(1) of the Act to exercise the power of an authorised person to serve infringement notices under subregulation (2) is not eligible to be appointed under that subsection to exercise the power of an authorised person to withdraw infringement notices under subregulation (6).

        [Regulation 13 amended in Gazette 18 Sep 1987 p. 3648‑9; 13 Sep 1996 p. 4676‑8 and 4681‑2; 15 Aug 1997 p. 4683‑4.]