Overview

The Dogs (Protection of Livestock) Bill aims to strengthen the 1953 Dogs (Protection of Livestock) Act by increasing police powers to seize and detain dogs suspected of attacking livestock, removing ambiguity around "close control," and clarifying the process for determining responsibility and associated costs.

Description

This bill amends the 1953 Act in several key ways:

• Removal of "Close Control" Clause: The phrase "or otherwise under close control" is removed from the definition of an offence, clarifying that even if a dog is seemingly under control, it can still be prosecuted if it attacks livestock.
• Removal of Fine Limits: Upper limits on fines for offences are removed, allowing courts to impose more substantial penalties.
• Increased Police Powers: Police officers and inspectors are granted broader powers to seize and detain dogs suspected of attacking livestock, even if the incident didn't occur on the land where the dog was found. They can detain dogs for as long as necessary to gather evidence. This also includes power to enter premises with a warrant to find evidence or the dog itself.
• Presumption of Guilt for Attacking Dogs: If the prosecution reasonably claims a dog attacked livestock, the burden of proof shifts to the accused to prove otherwise, provided they provide the prosecution with notice of this intention at least 14 days beforehand.
• Veterinary Examination: Authorities can arrange for veterinary examination and sampling of a seized dog to gather evidence.
• Recovery of Expenses: Owners of dogs involved in offences become liable for all expenses related to the seizure and detention of their dog. If the owner is unidentifiable, the dog may be sold or destroyed, with any proceeds offsetting the expenses.

Government Spending

The bill is not expected to significantly increase government spending. Costs associated with dog seizure, detention, and veterinary examination will be recovered from owners found responsible. However, there may be some initial costs for training police and other officials on the amended legislation.

Groups Affected

• Farmers and Livestock Owners: Will benefit from stronger protection of their livestock and clearer legal recourse against dog owners.
• Dog Owners: Face increased risk of penalties and legal action if their dogs attack livestock, even if seemingly under control. They may be liable for costs associated with dog seizure and detention.
• Police and Animal Control Officers: Will have expanded powers and responsibilities in enforcing the Act.
• Veterinary Surgeons: May be involved in examining seized dogs to gather evidence.
• Courts: Will handle an increased number of cases related to livestock attacks by dogs.

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