Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

319B Failure to control dangerous, menacing or restricted breed dog that kills person

(1)If— the owner is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(a)an owner of a dangerous dog, menacing dog or restricted breed dog fails to keep the dog under control; and

(b)the dog kills another person (the victim); and

(c)a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—

(2)If— the first mentioned person is guilty of an indictable offence and liable to level 5 imprisonment (10 years maximum).

(a)a person (other than the owner of a dangerous dog, menacing dog or restricted breed dog)—

(i)is, for the time being, in charge or has care of the dog; and

(ii)fails to keep the dog under control; and

(iii)is reckless as to whether the dog is a dangerous dog, menacing dog or restricted breed dog; and

(b)the dog kills another person (the victim); and

(c)a reasonable person would have realised that that failure would expose the victim or any other person to an appreciable risk of death—