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Lost and wandering dogs

What if a dog wanders off?

If a dog is found to be wandering at large, then an authorised person (of the Dog and Cat Management Board or a local council) can seize the dog (see Seizure and destruction of dogs) and issue the owner or person responsible for the dog with an expiation notice or a summons to answer a charge and pay a fine [Dog and Cat Management Act 1995 (SA) s 43].

Maximum Penalty:

For a dangerous or prescribed breed of dog

  • For a first offence: $5,000 fine
  • For a subsequent offence: $10,000 fine

For any other dog: $2,500 fine

Expiation fee:

For a dangerous or prescribed breed of dog: $750

For any other dog: $210

A dog is considered to be wandering at large if it is

  • in a public place (other than a park) or on private property without the occupier’s consent, without anyone exercising effective control of the dog by means of physical restraint [s 7(1)(a)], or
  • in a public park if no one is exercising effective control of the dog either by means of physical restraint or by command (the dog being close to and within sight at all times) [s 7(1)(b)].

It is a defence to this charge if the defendant can prove that they had taken all reasonable steps to prevent the dog from wandering at large [s 43(2)].

Where a person is found guilty of a subsequent offence, the court may order that the dog be disposed of within a specified period [s 43(3)].

What is “effective control”?

A dog is considered to be under effective control by means of physical restraint if on a leash chain or cord no more than two metres in length, or secured in a cage, vehicle or other object or structure [s 8].

Can I search an online register for a lost dog or cat?

Yes. Dogs and Cats Online has a search function available to search their register for a lost animal, by either the animal's registration number or microchip number. The register can be searched via the Dogs and Cats Online website.

Lost and wandering dogs  :  Last Revised: Thu Jul 26th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.