Warrant to enter and search residential premises
Authorised officers have the power (with the approval of the Secretary) to apply to a magistrate for a warrant to enter residential premises and seize a dog.
This is for the purpose of determining whether the dog is the progeny of a restricted breed dog (even if the dog itself may not be a restricted breed dog).
A dog seized in accordance with the warrant must be returned to its owner within 3 days.
‘It’s very hard to define a pit bull’
Under Victorian law, it is illegal to breed or sell restricted dogs, and an owner can be jailed for up to 10 years if the animal kills someone.
These dogs must be desexed, microchipped, wear a special collar and must wear a muzzle if let off in public.
Warning signs must be placed at the property they stay in, which must have a perimeter fence at least 1.8 metres high.
Victorian laws were updated in 2017, following a four-year period during which pit bulls were not allowed to be registered and were destroyed purely because of their breed.
While the dogs were allowed to be registered again, the RSPCA and some lawyers remained critical because the laws continued to target specific breeds.
Melbourne lawyer Brett Melke, who says he has represented clients and their pets in more than 500 cases, said focusing on individual breeds was “misguided”.
“Its very hard to define a pit bull. There isnt a specific genetic test,” Mr Melke said.
Other breeds must abide by similar conditions to restricted breeds if they are declared dangerous.
Dangerous dog declarations are usually made because the animal has committed a serious attack, or is a menacing dog that repeatedly escapes.
“In terms of dangerous dogs, Ive had cocker spaniels, Ive had golden retrievers, Ive had jack russells and border collies,” Mr Melke said.
Victoria has listed dog breeds that fit the Victorian “Approved Standard” which are restricted and must comply with Act requirements.
The information contained on this page is meant as a general guide and general advice only and not for the purpose of providing legal advice. We recommend people follow the instructions of their local government department. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date and should in no way be taken as an indication of future results. The Dog Line offers this information freely and takes no responsibility for its accuracy. For more details, please contact your local council.
Any breed and size of the dog in Victoria can be declared by an authorised officer of a local council as either dangerous or menacing depending on what the dog has done. A dangerous dog is declared dangerous when they attack or bite a person or animal resulting in death or serious injury. Menacing dogs are declared menacing when they chase or rush to a person aggressively in a menacing manner such as growling and snarling. Menacing dogs may be declared dangerous if the owner has received at least 2 infringement notices for failing to comply with requirements.
The prescribed Dangerous Dog Collar for Dangerous and Restricted Dogs in Victoria is the main identifier so people in public can identify a dog and be alerted of possible danger from a distance. They consist of red and yellow diagonal stripes at a 45-degree angle where one colour must be fluorescent or reflective to be visible in the dark. They are made of durable materials and are available in 3 sizes as required by the Act.
The Domestic Animals Regulation 2015 in Victoria demands that all dog owners of declared dangerous dogs declared menacing dogs and restricted breed dogs must comply with all requirements of the Act or face large fines for each offense or even imprisonment. Some of the important facts and requirements for dog owners in Victoria are listed below so that they may easily comply with the legislation. This fact sheet for Dangerous Dogs in VIC is a guide for dog owners. If you need more details, read the Dangerous, Menacing and Restricted Breed Dogs in VIC page or contact your local council.
Dangerous Dogs – Pit Bull laws, Victoria, Australia.
Keeping a guard dog? If it protects non-residential premises, it is automatically considered a dangerous dog throughout Victoria, under the Domestic Animals Act 1994. This cannot be revoked: the dog is judged dangerous for life, even if it stops being used as a guard dog.
This act outlines requirements relating to dogs declared dangerous because they is used to guard non-residential premises, (see as the Domestic Animals Regulations 2005).
Owners of dangerous dogs must meet a series of obligations to ensure that members of the public are not attacked. There are penalties for non-compliance.
Visit the Agriculture Victoria website for detailed information on the responsibilities of keeping dangerous dogs.
If you own one of these breeds, you must comply with Victorian legislation relating to the control of Restricted Breed Dogs.
Find out more information about Restricted Breed Dogs, registration and ownership requirements at Agriculture Victoria website or calling them on 136 186.
Learn more about our Animal Services in Arabic, Vietnamese or Cantonese or call our Customer Service Centre on 9249 4000.