Dangerous and restricted breeds

Making sense of dog declarations

You may have come across the term ‘declaration’ in relation to individual dogs and specific dog breeds in Australia. The term is often used to refer to dogs that have been declared dangerous, menacing or restricted breeds.

If you own a dog that’s been declared dangerous, a restricted breed or menacing, you have many specific legal obligations. So, it’s essential to understand what the declaration means and what you need to do to protect yourself and the community from harm - and a hefty fine.

What’s a declared dog?

Under the Domestic Animals Act 1994, declared dogs include those:

used to guard non-residential sites
declared dangerous after seriously attacking a person or an animal
declared menacing after rushing at or chasing someone
trained to attack
declared a restricted breed (for example, pit bull terriers and perro de presa canarios).

What do I need to do if I own a declared dog?

Depending on the type of declaration, you will have different obligations. They generally relate to housing and ownership. Read through the information provided on this website for details relevant to your dog’s declaration.

Dangerous dogs

What is a dangerous dog?

Under the Domestic Animal Act 1994, there are two ways a dog can be classified as dangerous. They are:

automatic classification based on a dog’s role – When a dog is used to guard a non-residential property, or
assessment by the City of Melbourne:
- when a dog that has been trained to attack or bite someone or anything attached to or worn by a person
- if a dog has seriously injured a person or animal by attacking or biting, or is declared a menacing dog.

What should I do if I own a dog that’s been declared dangerous?

Dangerous dog owners have a responsibility to protect the community (including themselves) from any potential harm.

These responsibilities are outlined in the Act. Heavy penalties apply for owners of dangerous dogs, who do not comply with these requirements.

If you own a dangerous dog, you should receive information about your obligations at the time of the declaration. However, even if you don’t it is still your responsibility to make sure you fulfil all requirements. These relate to:

providing clear and always-visible identification showing that the dog is dangerous
registrating the dog appropriately (ie as a dangerous dog)
providing appropriate homing for the dog
providing appropriate control measures to prevent the dog from harming anyone or getting loose.

How long can a dog be declared dangerous?

A dangerous dog declaration can’t be revoked or amended. That means that once it’s made, it’s considered a dangerous dog for life.

Is the dog still classified as dangerous if it is moved to another suburb or state?

Yes, dogs classified as dangerous anywhere in Victoria maintain this classification no matter where they are moved to in the state.

Wherever you move, you should notify the council that your dog has been declared dangerous when you re-register it in that area.

Restricted-breed dogs

What is a restricted-breed dog?

Under the Commonwealth Customs (Prohibited Imports) Regulations 1956, a number of breeds cannot be brought into Australia. These breeds are classified as restricted and include:

dogo argentina
japanese tosa
fila brasilia
pit bull terriers
american pit bull terriers.

Before you buy a dog from overseas, you should ensure that it does not fit into this category.

I know people who own these breeds. Why are they allowed to keep them if they are restricted by law?

In 2003, a new law was passed to prevent anyone from having a restricted-breed dog. The only exception is if:

you got the dog before 2003, and
the dog is registered and was registered continuously from that time.

What should I do if I own a restricted breed?

Like dangerous dogs, there are strict legal obligations on owners of restricted breeds. Under the law, owners must:

be older than 17 years
have a permit if they own more than two restricted-breed dogs
ensure the dog is kept in an escape-proof and child-proof enclosure
have the dog fitted with permanent restricted-breed identification (ie microchip)
notify the City of Melbourne (or the municipality in which the dog is registered and where it lives) if the dog escapes, dies or there is a change of ownership
advise prospective owners that the dog is a restricted breed before the dog changes ownership
put a muzzle and a leash on the dog whenever it is in a public place
display special aqua-coloured ‘Restricted Dog on Premises’ signage on all property access points. These are used to warn emergency services in case they to need to access the property.
make sure that a minor (someone under the age of 17 years) is never left in charge of a restricted breed dog in a public place.

If I move to the City of Melbourne, can I bring my restricted-breed dog?

If your have fulfilled the legal requirements, you can bring your restricted breed to the City of Melbourne. However, you must declare it when you register the dog by completing the relevant section in the registration form.

What happens if I don’t declare a restricted breed?

Not declaring your restricted breed when you register it may result in a fine of up to $234. However, if you are convicted of this under the Domestic Animals Act 1994, you will also be fined up to $1160 .

Menacing dogs

What’s a menacing dog?

The City of Melbourne may declare a dog ‘menacing’ if it has rushed at or chased someone.

What do I need to do if I own a menacing dog?

The City of Melbourne will advise you if you need to:

to muzzle the dog when it’s outside of your property
have the dog on a leash any time that it's off your property.

What if I don’t do these things?

Under the Domestic Animals Act 1994, the City of Melbourne can issue fines to anyone who doesn’t fulfil their obligations as a responsible pet owner.

Dog attacks

Dog attacks are a serious matter. Dog bites cause approximately 260 hospital admissions in Victoria each year. Sadly, of those bitten about 100 are children aged between one and four.

Any breed or size of dog can become aggressive when defending its territory. Most dog attacks happen in public places, on the footpath or road. For this reason it is important to ensure your dog is always securely confined.

Reporting an incident

If you are attacked or rushed at by a dog, please report the incident to us immediately. You can email or phone us on 03 9658 9658.

When you contact us, please provide the all of relevant information, including:

time of the incident
where it happened
name of the dog owner (if you know)
dog registration number (if you know)
a description of dog
a detailed description of the incident.

More information

For more information, about dog attacks, please contact the City of Melbourne on 03 9658 9658 or The Lost Dogs’ Home on 03 9329 2755.

Relevant links

Department of Primary Industries (DPI):