From 1 July 2010, changes to the Dog Control Act 2000 saw the implementation of Restricted Breed Dogs in Tasmania. The following breeds must comply with this new legislation:
- American Pit Bull or Pit Bull Terrier
- Dogo Argentino
- fila Brasileiro
- Japanese tosa
- Perro de Presa Canario or Presa Canario
- any other breed, kind or description of dog whose importation into Australia is prohibited by or under the Customs Act 1901 of the Commonwealth
If a dog is registered, listed or recognised as one of these breeds or types must be delcared under the Act as a Restricted Breed dog. Restricted breed dogs do not include cross breeds.
How is an individual dog determined to be a restricted breed dog?
Dogs will be assessed on the basis of approved guidelines, including key characteristics such as height, weight, coat, colouration, tail carriage, and facial and body features.
I have a restricted breed dog, what do I do?
Restricted breed dogs must be de-sexed and microchipped within 28 days of its declaration. The owner must provide Council with a veterinary surgeon's certificate, certifying that the dog has been de-sexed and/or implanted with a microchip, within seven days of the operation. When a restricted breed dog is in a public place the dog must be muzzled, held by a lead that is not more than two metres long and is sufficient to control and restrain the dog and under the control of a person at least 18 years of age. Approved warning signs must be displayed at every entrance to the premises on which the dog is kept. A restricted breed dog is also required to wear an approved collar at all times - these are available from Council.
Can I buy a restricted breed dog?
A person wishing to acquire a restricted breed dog must apply to Council for approval first. All dogs declared to be a restricted breed dog in another State will be recognised as a restricted breed dog in Tasmania and approval will be required before they can be imported.
Can I sell or give away a restricted breed dog? What happens if my restricted breed dog strays or is lost?
If a restricted breed dog goes missing, strays or dies, or is lost, the owner, or a person on behalf of the owner, must notify Council as soon as possible. A restricted breed dog may only be sold after the buyer has received prior approval from Council. Once Council has approved the transfer the seller must notify Council within 24 hours of completion of the sale.
Can I appeal against the declaration of my dog as a restricted breed dog?
If your dog has been declared a restricted breed dog you may appeal against the declaration to the Magistrates Court (Administrative Appeals Division). An appeal must be made within 28 days of the service of notice of the declaration. However, the onus will be on you to prove that the dog is not a restricted breed dog. If an appeal is turned down by the court you must ensure that the dog is de-sexed and microchipped within seven days of the court order.
What is the difference between a restricted breed dog and a dangerous dog?
A restricted breed dog is a dog that, because of its breed characteristics, is pre-disposed to aggressive behaviour. It also has physical traits that can make the effects of any attack more severe and even life threatening. A dangerous dog is a dog that has actually attacked a person or animal or which, in the opinion of a council, is likely to cause serious injury to a person or another animal. A restricted breed dog can become a dangerous dog if it causes serious injury to a person or animal or if a council believes that it is likely to cause serious injury to a person or another animal.
The information above has been obtained from the Tasmanian Government's Department of Premier and Cabinet website - for more information please visit this site.