It is an offence in NSW to sell, acquire or breed dogs on the restricted dog list. Restricted dogs in NSW are:

1. American pitbull terrier or pitbull terrier;
2. Japanese tosa;
3. Dogo Argentino (Argentinean fighting dog);
4. Fila Brasiliero (Brazilian fighting dog);
5. Any other dog of a breed, kind or description whose importation into the Australia is prohibited by or under the Customs Act 1901 of the Commonwealth;
6. Any dog declared by a council under Division 6 of the Act to be a restricted dog#
7. Any other dog of a breed, kind or description prescribed the regulations for the purpose of this section.

#Council declared restricted dog refers to any dog where the council is of the opinion that a dog is of a breed or kind of dog on the restricted dog list or a cross-breed of any such breed or kind of dog.

Council-declared restricted dogs

If a council issues a dog owner with a Notice of Intention to Declare a Dog to be a Restricted Dog, the owner has 28 days in which to complete the process where they may elect to have the dog's breed and temperament assessed.

If you receive such a notice you should contact your local council for further information. Please note: this process does not apply to Declared Dangerous Dogs.

​ ​'Dangerous dogs' in NSW are dogs that are the subject of a declaration made by a council or a court under the Act. Council must have given notice to the owner of a dog of the council's intention to declare the dog to be dangerous.

A dog may be declared 'dangerous' if it has without provocation attacked or killed a person or animal, or repeatedly threatened to attack or repeatedly chased a person or animal.

A dog may also be declared dangerous if it has displayed unreasonable aggression towards a person or animal.

​The owner of a restricted or declared dangerous dog must comply with the control requirements listed under sections 51 and 56 of the Companion Animals Act and the relevant parts of the Regulation. These include:

• All restricted and dangerous dogs must by law be desexed.
• It is an offence to sell or give away a dangerous or restricted dog or sell or give away a dog subject to a notice of intention to declare dangerous or restricted.
• The dog must not at any time be in the sole charge of a person under 18 years of age.
• While the dog is on the property on which the dog is ordinarily kept, the dog must be kept in an enclosure that complies with the requirements prescribed by the regulations
• Warning signs: One or more signs with the words 'Warning Dangerous Dog' must be clearly displayed on the property and be clearly visible from the boundaries of the property.
• Whenever the dog is outside its prescribed enclosure, the dog:
• Must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and held by (or secured to) the person.
• Must be muzzled in a manner that is sufficient to prevent it from biting any animal or person.
• Collar: Dangerous and restricted dogs must at all times wear a distinctive red and yellow striped collar of the prescribed design. Council can advise you of suppliers.

Council can advise you of these requirements in full.

Failure to comply

An owner can be issued with a fixed penalty notice of $1,320 for failure to comply with any of the above control requirements. A maximum penalty of $16,500 can apply if the owner failures to comply with any one of the control requirements of sections 51 or 56 of the Act.

Dependent on the circumstances, these offences may also result in the seizure and destruction of a dog.

Restricted dog owners need to know that their dog(s) may be seized and destroyed in the following circumstances:

• If an authorised officer is satisfied that any of the control requirements outlined in section 56 of the Act have not been complied with.

Section 28 of the Companion Animals Regulation 1999 requires the enclosure:

• To be fully enclosed, constructed and maintained so that the dog cannot escape under, over or through the enclosure.
• To be constructed so that a person cannot have access to it without the assistance of an occupier of the property who is above the age of 16 years.
• To be designed to prevent children from having access to the enclosure.
• Not be located on the property in such a way that people are required to pass through the enclosure to gain access to other parts of the property.
• To have a minimum height and width of 1.8 metres.
• To have an area of not less than 10 square metres for each dangerous or restricted dog kept on the property.
• To have walls that are fixed to the floor and constructed to be no more than 50 mm from the floor.
• To have walls, a fixed covering and a gate that are constructed of brick, timber, iron or similar solid materials, or chain mesh manufactured from at least 3.15 mm wire or weldmesh manufactured from at least 4 mm wire with a maximum mesh spacing of 50 mm, or a combination.
• Have a floor that is constructed of sealed concrete and graded to fall to a drain for the removal of effluent.
• To provide a weatherproof sleeping area.
• Enclosures are required to be inspected by Council and a certificate of compliance issue. Inspection fees apply.

Owners of restricted dogs and those dogs declared dangerous are to comply with the prescribed enclosure requirements within 3 months from date of the declaration and must obtain a compliance certificate for the enclosure from council.

'Menacing dogs' in NSW are dogs that are the subject of a declaration made by a Council. Council must have given notice to the owner of a dog of the council's intention to declare the dog to be menacing.

The dog may be declared 'menacing' if it has displayed unreasonable aggression towards a person or animal or; without provocation, attacked a person or animal (other than vermin) but without causing serious injury or death.

Serious injury being defined as meaning the following;

• any injury that requires hospitalisation of a person or animal
• a broken bone that requires medical or veterinary attention
• a major laceration (that is, a wound caused by the tearing of body tissue or by multiple punctures caused by more than one bite from a dog) that requires medical or veterinary attention
• a partial or total loss of sensation or function in a part of the body that requires medical or veterinary attention
• any other injury requiring medical or veterinary attention, of the same level of seriousness as the injuries described in paragraphs (2)–(4),
• an injury that requires a person to have cosmetic surgery.

During any period that the menacing dog:

• is on property on which the dog is ordinarily kept, and
• is not under the effective control of a person of or above the age of 18 years, the dog must be enclosed in a manner that is sufficient to restrain the dog and prevent a child from having access to the dog.

Whenever the menacing dog is outside property on which the dog is ordinarily kept, the dog:

• must be under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and that is being held by (or secured to) the person, and
• must be muzzled in a manner that is sufficient to prevent it from biting any person or animal.
• The dog must not at any time be in the sole charge of a person under the age of 18 years
• One or more signs must be displayed on that property showing the words “Warning Dangerous Dog” in letters clearly visible from the boundaries of the property on which the dog is ordinarily kept
• Distinctive collar must be worn- The dog must at all times wear a collar of the kind prescribed by the regulations

The owner must notify the council if;

• that the dog (with or without provocation) has attacked or injured a person or an animal (other than vermin)—notice to be given within 24 hours after the attack or injury
• that the dog cannot be found—notice to be given within 24 hours after the dog’s absence is first noticed,
• that the dog has died—notice to be given as soon as practicable after the death
• that the dog is no longer being ordinarily kept in the area of the council—notice to be given as soon as practicable after the change of location
• that the dog is being ordinarily kept at a different location in the area of the council—notice to be given as soon as practicable after the change of location – section

A Menacing dog may be seized if control requirements not complied with.

Fines range from on the spot fines of $180 for not identifying your companion animal as prescribed by the act all the way up to a maximum of $77,000 and/or five years imprisonment for the most severe dangerous dog attacks on a person. Life bands on being the owner of a dog may also be imposed along with a range of control orders, in that your dog can be declared Restricted, Dangerous or Menacing which imposes onerous restrictions on the owner as described previously on this page.