Is it an offence not to provide details to Council Authorised Officer?

Discussion in 'Living Room' started by willy1111, 5th Apr, 2018.

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  1. willy1111

    willy1111 Well-Known Member

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    So an Authorised Officer of the Council in which I live approached me last night to inform me he would be issuing an infringement notice for walking a dog off lead in a dog on leash zone.

    He asked for my details which I willingly provided as I thought was required and he wrote down in his notebook.

    Afterwards I pondered whether I was obliged to provide my details to an Authorised Council Officer in the same way one is required when requested by a Police Officer?

    So I went home and attempted to look up the law. Under the Domestic Animals Act 1994 he is authorised to issue an infringement notice for an offence (dog off leash) and under S74(3) of the Act he may request a Person to give his or her name and place of residence if he believes an offence had been committed which it had (dog off leash).

    But I couldn't find anywhere that it says I am obliged to comply with that request to provide my details.

    Is it an offence (or what are the consequences) if I refused to provide those details, I understand it is an offence if asked by a Police Officer, but I am wondering if the same applies to an Authorised Officer of the Council?

    Anybody have a thought or opinion (I won't take it as legal advice :) @Terry_w
     
  2. D.T.

    D.T. Specialist Property Manager Business Member

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    Following the rules is usually easier than finding way around them
     
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  3. Phantom

    Phantom Well-Known Member

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    Your answer may be found here: Local Government Act 1989 S224 ss(6)(6A) & (8)(a).
     
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  4. DaveM

    DaveM Well-Known Member

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    Obey the dogs on leash rule and you wouldnt have this quandry at all
     
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  5. willy1111

    willy1111 Well-Known Member

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    Thank you George.

    Precisely what I was trying to locate :)
     
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  6. Scott No Mates

    Scott No Mates Well-Known Member

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    Why so people complain so vehemently when they get busted? :rolleyes:

    • I only parked in the disabled space whilst I picked up my dry cleaning, I wasn't very long.
    • I can park across your driveway when I pick up my kids from school, I won't be very long. :mad:
    • I was just checking my FB status, I didn't take my eyes off the road
    • It's only a couple of kmh over the limit
    • It's low range dui :eek:
    They're excuses not justifications.
     
  7. TMNT

    TMNT Well-Known Member

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    It's because haven't the fines for leaving dog poo gone up to like $400.
    Whilst more ludicrously, not carrying a plastic bag is like a $200 fine

    The bag fine is a joke. Even an 8yr old could poke holes in the logic of it.
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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    You've got pockets, why do you require a non-biodegradable plastic bag?
     
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  9. Ed Barton

    Ed Barton Well-Known Member

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    I wouldn't be poking holes in a dog poo bag. Do you know hard it is to get the smell of dog crap out of your clothes?
     
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  10. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    I reckon most children should be put on leads. Most dogs are better behaved and easier to control than most children.

    Also I think the ban on plastic shopping bags from Coles and Woolworths will have unintended consequences...
     
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  11. Scott No Mates

    Scott No Mates Well-Known Member

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    Not as easy as getting it into clothes?
     
  12. Marg4000

    Marg4000 Well-Known Member

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    So how are you going to pick up the poo if you don’t have a bag? Put it in your pocket?

    Oh, that’s right, your dog never poos when out of it’s yard. Tell that to someone who believes you!
    Marg
     
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  13. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    The 'not carrying a plastic bag' fine is ridiculous because no offence has actually occurred. It's giving someone a fine on the assumption that they'll do something wrong.

    My dog will take a crap about 5 minutes into the morning walk and I pick it up. She'll take a second larger crap about 10 minutes later; I guess the first one just opened the pipes. She's never taken a third dump within the next 6 hours so please tell me why I need to carry another bag around?

    Imagine the outrage if a Mum was fined for running out of a spare nappies for her toddler?
     
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  14. Ed Barton

    Ed Barton Well-Known Member

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    The offence of not carrying a plastic bag has occurred.

    If you don't like it tell the drop out cop that your name is Fred Flintstone and you live at 69 Quarry road.
     
  15. Propagate

    Propagate Well-Known Member

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    I WISH the ranger would fine the pricks in my road for not carrying poo bags, the block I walk my dogs around has dog turds along the whole route. I'm so over the stink of running the mower over turds on the nature strip that I hadn't spotted.

    That being said though, my dogs are like me - they prefer to crap at home. I do take a bag each though when we walk and very rarely have to use it, what happens if I collect a fresh harvest and then get pinged by a ranger, do I need a second, spare bag in my pocket? My dogs never go twice in succession. Does the requirement specify the bag has to be empty? Would one get away with it if pulled over and you had a "full" dog bag on you?

    Reminds me of the time i was driving home from the shop on the side road, very busy thoroughfare from the estate to the shops, and a lady was walking ahead of my car in the same direction I was traveling, I saw her dog squat right in the middle of the pavement and could tell from her body language she had no intention of making a collection.

    I always have bags in the car and I slowed my speed to perfection so that just as they started walking on my passenger window was down and I was hanging out the side waving a bag and said "excuse me, do you need one of these?". She went all shades of red and made some excuse about usually picking up but this, but that etc...
     
  16. TMNT

    TMNT Well-Known Member

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    thats the argument ive heard many times, let me reply

    -fair enough, you cant control nature, that I agree, but my dog poos twice a day, once in the morning when he wakes up and once at night, I usually take him for a walk after his morning poo,
    so the chances of him pooing twice is virtually zero

    - what about when you take your dog has pooed, youve picked it up with a bag and disposed of it in the bin, should you get fined for not having a bag?

    I think we've become too much of a nanny state, and they should just fine people who get caught in the act,
     
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  17. Joynz

    Joynz Well-Known Member

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    Well how are you going to pick up,the poo without a bag?
     
  18. Trainee

    Trainee Well-Known Member

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    So the I can handle it so the speed limit shouldnt apply to me argument.
     
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  19. Marg4000

    Marg4000 Well-Known Member

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    Pretty hard For a council inspector to be on the spot to catch a dog in the act of pooing.

    From the amount of poo left behind in our local parks and on footpaths, it seems many people subscribe to this belief. “Catch me if you can”!

    Just how hard is it to put a plastic bag or two in your pocket? BCC even supplies bags at the gate to off leash areas, yet owners still don’t pick up.
    Marg
     
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  20. TMNT

    TMNT Well-Known Member

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    its not hard to put a bag or two of them, but to fine you amounts that arent small based on the fact that you might do it? is ludicrous

    no different to charging someone with drink driving if a dan muprhys employee sees you buy a bottle of wine and drive off in your car, even though you havent opened it