The Animal Management (Cats and Dogs) Act 2008 enhances community safety through the introduction of statewide management of regulated dogs from 1 July 2009.

Regulated dogs

• declared dangerous dogs
• declared menacing dogs
• restricted dogs.

Declared dangerous dogs

An authorised local government officer can declare a dog to be a dangerous only if the dog:

• has seriously attacked or acted in a way that caused fear to a person or another animal
• may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack or act in a way that causes fear to the person or animal.

This is as defined in the Animal Management (Cats and Dogs) Act 2008, Chapter 4, Section 89.If you want to declare a dog as dangerous contact your local council.

Declared menacing dogs

An authorised local government officer can declare a dog to be a menacing dog on the same grounds as a dangerous dog, except that the attack was not serious. This is as defined in the Animal Management (Cats and Dogs) Act 2008, Chapter 4, Section 89.

Dogs involved in fatalities and serious maulings often have a history of unaddressed menacing or aggressive behaviour. In order to address those menacing tendencies before an escalation to harmful behaviour, the menacing dog classification has been introduced.

Dogs displaying menacing behaviour can be reported by a member of the community to their council, and may be declared as a menacing dog by an authorised officer. If you want to report a dog as menacing, contact your local council.

Conditions of owning a regulated dog

Under the Animal Management (Cats and Dogs) Act 2008 all regulated dogs must be microchipped, wear an identification tag, be kept in a prescribed enclosure with a prescribed sign displayed and be kept under effective control. Read about enclosure requirements for regulated dogs ( PDF 77KB).

Both restricted and declared dangerous dogs must also be desexed and muzzled in public. In addition, keeping a restricted dog requires a permit issued by the local government where the dog is located.

Restricted dogs

Under the Commonwealth Customs Act 1901, local governments can prohibit certain breeds (or cross breeds) of dogs in their jurisdictions, under a local law. The decision to make such a local law is at the discretion of each local government, the minister and state government have limited powers to intervene in local government laws.

You are required to have a permit to keep a restricted dog. Authorised council officers must have a warrant to enter your property and seize a restricted or prohibited dog.

American Staffordshire terriers are not classified as restricted dogs under the legislation. This amendment came into effect from 20 September 2010.

Minister Boyle clarified the classification of American Staffordshire terriers in two media statements.

• Confusion over American Staffies no longer - 31 July, 2010.
• Amstaffs cleared for good - 15 September, 2010.