Hi there. In South Australia, the law does not ban any particular breed of dog, and so the sale of a ‘menacing’ dog is not necessarily illegal. The management of dogs is regulated by the Dog and Cat Management Act 1995 (Act). This Act contains rules about different classifications of dogs, including ‘menacing’ dogs, but it does not impose a ban on this class of dog.

However, the Act does place restrictions on five particular breeds of dog. If the dog you are referring to is one of these five prescribed breeds, and the owner is advertising to sell or give away the dog, the owner is probably committing an offence and may be liable for a fine of up to $2,500.

If the dog were to attack someone in the future, the owner would bear primary responsibility and may face an additional fine of up to $2,500 plus other legal consequences. The local council may also be at fault if it was aware of the dangerous dog and risk of an attack but failed to take steps to prevent the attack from occurring or failed to do its job in regulating dangerous animals. The actual extent of the council’s liability will depend on a wide range of factors and should be determined on a case-by-case basis.

Suggested way forward

You should follow up your complaint about the dog with your local council, explaining that you believe the owner may be committing an offence by selling the dog. You may also want to speak to a lawyer who can advise you on your legal rights and options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.