Have you been charged with having Dogs and Cats on Private Property Without Permission?
The following questions should be considered prior to proceeding with your matter: Are you the owner of a dog or cat? Was the animal found on private property you had previously been advised they did not have permission to be on?
If so, you may need to engage the services of a specialist law firm. Please read below for more information in relation to this charge.
The offence
Section 23 of the Domestic Animals Act 1994.
The prosecution must prove:
The defendant was the owner of a dog or cat;
A notice under Section 19(3) was served on the defendant;
The dog or cat entered or remained on the private property, which was the subject of the notice.
The maximum penalty
1 penalty unit for a first offence and 3 penalty units for a second or subsequent offence.
Where will my case be heard?
Dogs and Cats on Private Property Without Permission cases can only be heard in the Magistrates’ Court of Victoria.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer.
Ensure you are adequately prepared, as preparation in relation to any matter is critical. Don’t leave it to the last minute.
If you have been charged with having Dogs and Cats on Private Property Without Permission make an appointment to see an experienced lawyer today – GRAPHIC HERE
The legislation
Section 23 Dogs and cats on private property without permission
(1) If a dog or cat has been present on private property on more than one occasion without the permission of the owner or occupier of the property, the owner or occupier of private property or an authorised officer may seize the dog or cat while it is present on the property.
(2) The owner or occupier of the private property or the authorised officer who has seized a dog or cat under subsection (1) must immediately so notify the Council of the municipal district in which the property is situated.
(3) If the authorised officer who seized a dog or cat under subsection (1) is able to identify the owner of the dog or cat, the authorised officer must, within 5 business days after the seizure of the dog or cat, serve on the owner of the dog or cat a notice of objection to the presence of that dog or cat on the private property.
(4) If, after a notice under subsection (3) has been served, the dog or cat enters or remains on the private property, the owner of the dog or cat is guilty of an offence and liable to a penalty of not more than 1 penalty unit for a first offence, and 3 penalty units for a second or subsequent offence.
(5) A notice under subsection (3) must be served either personally or by registered post.
(6) A copy of a notice under subsection (3) must be given to the owner or occupier of the private property within 24 hours after the notice being served.
(7) In this section, business day means a day other than—
(a) a Saturday or Sunday; or
(b) a public holiday appointed under the Public Holidays Act 1993.
