Japanese Tosa in Australia: the law, and why we don’t list them
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Japanese Tosas can’t be brought into Australia. Selling or giving one away is an offence in Victoria, New South Wales, Queensland, South Australia and Western Australia, and Queensland also makes owning one an offence, with some exceptions. Pet Sales Australia doesn’t allow Japanese Tosas, or their crosses, to be listed in any state or territory.
The Japanese Tosa, also called the Tosa Inu or Tosa Ken, is one of five dog breeds that Australian laws restrict by name. The law doesn’t work the same way everywhere. Tasmania’s rules apply only once a dog has been declared. The ACT Government says the ACT has no restricted breeds, and the Northern Territory’s animal welfare law has no breed rule.
This is general information, not legal advice. For your own dog, ask your council or a lawyer.
Jump to the law in your state or territory, why the breed is restricted or what to do if you see one advertised.
What is a Japanese Tosa?
The Japanese Tosa is a large, short-haired dog breed from Japan. It’s also called the Tosa, Tosa Inu, Tosa Ken or Japanese Mastiff.
- It has an international breed standard. The Fédération Cynologique Internationale (FCI) lists the Tosa as breed number 260, from Japan, and accepted it on a definitive basis in 1964. Its standard (FCI Standard No 260 (PDF)), dated 9 December 1997, describes a large, robustly built dog with a stately manner.
- Its standard calls it a former fighting dog. It gives the breed’s use as “Formerly fighting dog, nowadays watchdog”. It says the breed came from crossing the Shikoku-ken with Western breeds: bulldogs (1872), mastiffs (1874), German pointers (1876) and Great Danes (1924).
- Dogs Australia has no breed standard for it. Its breed standards pages for all seven of its groups list 227 standards, and none is for the Tosa. We checked them on 11 October 2026. Its register of FCI breeds, last updated 28 July 2026, names the Tosa with the note “Banned from Import by Australian Federal Government”.
- The law knows its other names. Victoria’s approved standard for restricted breed dogs, published in the Government Gazette on 31 January 2014, has a part for the Japanese Tosa. Its heading gives the other names as Tosa Inu, Tosa Ken, Tosa Fighting Dog, Japanese Fighting Dog and Japanese Mastiff.
So an ad for a “Tosa Inu” or a “Japanese Mastiff” is an ad for the same breed.
We don’t go further into what a Tosa looks like: nothing we write can settle a dog’s breed in law, and it could help someone pass off a restricted dog as something else.
Which other breeds are restricted?
There are five. The Customs (Prohibited Imports) Regulations 1956 list them in Schedule 1, item 26:
- dogo Argentino
- fila Brasileiro
- Japanese tosa
- American pit bull terrier or pit bull terrier
- Perro de Presa Canario or Presa Canario
Our pit bull page gives each state’s name for them.
We have a page on each of the other four: pit bulls, the Dogo Argentino, the Fila Brasileiro and the Presa Canario.
Can you bring a Japanese Tosa into Australia?
No. Regulation 3 of the Customs (Prohibited Imports) Regulations 1956 prohibits absolutely the import of the goods in Schedule 1, and item 26 of that schedule names the Japanese tosa. We read the compilation dated 13 July 2026.
The ban isn’t new. A Victorian parliamentary committee’s 2016 report (PDF, 4.3 MB) says the Commonwealth banned importing the Japanese Tosa in 1992.
The federal agriculture department’s guide to importing dogs (updated 20 February 2026) lists the Japanese tosa among the pure breed dogs banned from Australia. It says mixed-breed dogs are allowed if they meet all other import conditions, and that the Department of Home Affairs may investigate a dog identified as possibly a prohibited breed after it arrives. For questions about prohibited breeds, it gives that department’s number, 131 881.
The import ban doesn’t decide what happens to dogs already here. Keeping, selling and breeding are matters for each state and territory.
Are there any Japanese Tosas in Australia?
We found no official count in the sources we read.
The same Victorian committee (PDF, 4.3 MB) said in 2016 that pit bulls were, in practice, the only dogs still under the state’s restricted breed rules. It said no dogs of the other four breeds, which include the Japanese Tosa, were believed to be in Victoria.
That’s one state, in 2016. It isn’t a count, and the laws below apply to a Japanese Tosa all the same.
Is the Japanese Tosa legal in your state or territory?
It depends where you are. The same rules cover all five restricted breeds.
| Where | Keeping one | Selling or giving one away | Advertising one | Crosses |
|---|---|---|---|---|
| Victoria | Strict rules, if the council registers the dog | An offence (5 penalty units) | Not named. “Sell” includes offering for sale | Count if the dog fits the approved standard |
| New South Wales | Strict rules and an annual permit | An offence (up to 150 penalty units). So is accepting one | An offence | A council officer can move to declare one |
| Queensland | An offence, with some exceptions (up to 150 penalty units) | An offence (up to 150 penalty units) | Not named. “Supply” includes offering | Not covered by the state rule. A council’s local law can cover them |
| South Australia | Muzzle and restraint off your property | An offence (up to $5,000) | An offence | Not mentioned in the Act |
| Western Australia | Strict rules, including sterilisation | An offence (a $10,000 fine, with a $500 minimum). So is buying or accepting one | An offence | Any mix that includes a restricted breed counts |
| Tasmania | Strict rules once a dog is declared | Once declared, needs the council general manager’s written approval (up to 20 penalty units) | Not mentioned in the Act | Not mentioned in the Act |
| ACT | No restricted breeds, the ACT Government says | No breed rule in the ACT’s Domestic Animals Act | As for selling | As for selling |
| Northern Territory | No breed rule in the territory’s animal welfare law. Check your council’s by-laws | As for keeping | As for keeping | As for keeping |
Checked 11 October 2026. Penalties are as each Act states them. The New South Wales Office of Local Government gives 150 penalty units as $16,500. Victoria, New South Wales, Queensland and Western Australia each have a breeding offence too.
Can you own a Japanese Tosa in Queensland?
Not without a reasonable excuse. The Queensland Government (page updated 3 September 2026) says the five breeds, the Japanese Tosa among them, have been prohibited from being owned since 28 August 2024.
An assistance animal is a reasonable excuse. A dog that was registered and had a restricted dog permit in effect just before the change is taken not to be a prohibited dog, for as long as the permit and the registration last.
Who decides whether a dog is a Japanese Tosa?
Each state has its own test. In the Acts we read, none of the tests is what a dog was sold as.
- Victoria: a dog that falls within the standard the Minister has approved for the breed is taken to be a dog of that breed (Domestic Animals Act 1994). A council authorised officer who is of the opinion that a dog is a restricted breed dog can declare it one. The owner then has 14 days to apply to the Victorian Civil and Administrative Tribunal for a review.
- New South Wales: a council officer who is of the opinion that a dog is a listed breed, or a cross-breed of one, can give notice that they intend to declare it. The officer can’t declare the dog if, within 28 days, the owner gives them an approved breed assessor’s written statement that it isn’t one of the breeds or a cross of one. For a dog assessed as a cross, the owner also needs an approved temperament assessor’s statement that it isn’t a danger to the public. The Companion Animals Act 1998 says a declaration is final and isn’t subject to appeal or review, though the council whose officer made it can revoke it. A declared dog can be seized, and an officer can authorise its destruction, with an exception for some dogs registered earlier as another breed.
- Queensland: a prohibited dog is a dog of a breed that can’t be imported, and the Animal Management (Cats and Dogs) Act 2008 says a breed doesn’t include a crossbreed. The chapter on prohibited dogs sets out no assessment or declaration step.
- South Australia: the Dog and Cat Management Act 1995 lists the prescribed breeds, and the Japanese Tosa is one. We found no test in it for deciding a dog’s breed. In a prosecution under the Act, an allegation that a dog was of a prescribed breed is accepted as proved unless there’s evidence to the contrary.
- Western Australia: a dog counts if it’s one of the prescribed breeds, or a mix of 2 or more breeds that includes one. In any court proceedings, the Dog Act 1976 puts the onus on the person who says a dog isn’t one to prove it.
- Tasmania: a dog is a restricted breed dog only once an authorised person, such as a council general manager or a police officer, has declared it one. The owner can appeal to the Tasmanian Civil and Administrative Tribunal within 28 days, and must prove the dog isn’t one (Dog Control Act 2000).
If a council gives you a notice about your dog, the time limits are short. Contact the council or a lawyer straight away.
What about the ACT and the Northern Territory?
The ACT Government’s City Services says there are no restricted breeds in the ACT, and that each dog is assessed on its individual behaviour, its history and the circumstances of an incident. The ACT’s Domestic Animals Act 2000 (republication 51, effective 16 November 2025) has no breed list.
The Northern Territory’s Animal Protection Act 2018 (as in force at 3 November 2025) is an animal welfare law, with no restricted breed or dangerous dog rules. The City of Darwin has its own animal by-laws, and its page on dog attacks says Darwin has no prescribed breed register. We haven’t read other councils’ by-laws, so ask your council.
The Commonwealth import ban still applies in both. Pet Sales Australia doesn’t allow restricted breeds or their crosses to be listed in either. That’s our own rule. We didn’t find one like it in the laws we read for either.
Where each state’s rules come from
We read each of these on 11 October 2026.
- Victoria: Domestic Animals Act 1994 (version 093, in force from 30 September 2026), s3, s17, s41EB, s41K, s98 and s98A; Wildlife Act 1975, s3(1). Animal Welfare Victoria (page updated 12 August 2026) lists the keeping rules.
- New South Wales: Companion Animals Act 1998 (current version for 21 November 2024 to date), s5, s55, s56, s57A to s57D and s58A to s58D. The Office of Local Government lists the keeping rules (updated 1 July 2024).
- Queensland: Animal Management (Cats and Dogs) Act 2008 (reprint current from 28 August 2024), s6, s103A to s103E, s237 and schedule 2.
- South Australia: Dog and Cat Management Act 1995 (version 17.11.2025), s4, s45B and s88.
- Western Australia: Dog Act 1976 (version current from 28 November 2024), s3(1), s26(4), s33GA to s33GD and s45; Dog Regulations 2013 (version current from 24 July 2025), reg 4.
- Tasmania: Dog Control Act 2000 (version current from 1 July 2025), s3, s29A, s31, s32, s32A, s33, s34B and s34C.
Our guide to pit bulls in Australia sets out the same laws in more detail, with each state’s keeping rules.
Why is the Japanese Tosa restricted?
The laws go by breed, not by anything an individual dog has done. For the Tosa, the sources point to its history as a fighting dog.
- Its own breed standard. The FCI’s standard (PDF) says the Tosa was formerly a fighting dog, and that Japan has a long history of dog fighting.
- Laws overseas. The United Kingdom’s Dangerous Dogs Act 1991 names the Japanese tosa, beside the pit bull terrier, in a section headed dogs bred for fighting. New Zealand’s Dog Control Act 1996 bans importing a dog that is wholly or mainly a Japanese Tosa.
- A Victorian parliamentary committee (PDF, 4.3 MB). Its 2016 report says the five breeds have a history of being bred for fighting in some countries, and that this is behind the concern that they may be predisposed to aggression. On pit bulls, the same report found the evidence on whether they pose a greater risk than other breeds insufficient and sometimes contradictory.
- Victoria’s regulator. Animal Welfare Victoria says restricted breed dogs haven’t attacked a person or animal or shown signs of aggression, but are considered a higher risk to community safety than other breeds of dogs.
Pet Sales Australia doesn’t describe any dog as dangerous or safe because of its breed. We follow the law as it stands.
What are the welfare and ethical issues?
- Dog fighting. The RSPCA says dog fighting is illegal in Australia, that it still happens, and that it puts dogs at significant risk of serious pain, injury, suffering or death (page updated 2 May 2019).
- Judging a dog by its breed. The RSPCA’s knowledge base (updated 3 June 2024) says dogs shouldn’t be declared dangerous on the basis of breed or appearance. The Australian Veterinary Association’s policy, ratified on 4 December 2014, says laws to prevent dog bites should focus on the individual dog and the owner, not the breed.
- Giving one up. An owner who can’t keep a restricted breed dog has few lawful options. In Victoria and Queensland, surrender is so that the dog can be put down.
Why doesn’t Pet Sales Australia list Japanese Tosas?
Because selling or giving one away is an offence in five states, and advertising one is an offence in New South Wales (Companion Animals Act 1998), South Australia (Dog and Cat Management Act 1995) and Western Australia (Dog Act 1976). We apply one rule in every state and territory.
Our Listing Rules say these can’t be listed:
Restricted dog breeds and their crosses: American pit bull terrier or pit bull terrier, Japanese tosa, Dogo Argentino, Fila Brasileiro and Perro de Presa Canario.
The same rules don’t allow dogs declared dangerous, menacing or restricted, dogs under a council control or destruction order, or animals offered or bred for fighting.
Listing text is screened as well. The rules on the words we screen say we won’t publish listing text that contains “a restricted or blocked breed’s name”. The check looks for the usual names, such as Japanese Tosa and Tosa Inu. Other names and spellings can slip through, so if you see a listing for one, report it.
We don’t check a dog’s breed. On any listing, the breed is the seller’s own word.
What should you do if you see a Japanese Tosa advertised?
- Don’t pay anything, including a deposit. Buying or accepting a restricted dog is an offence in New South Wales (Companion Animals Act 1998) and Western Australia (Dog Act 1976), and in Western Australia that includes any cross. In Queensland (Animal Management (Cats and Dogs) Act 2008), owning one that isn’t a cross is an offence, with some exceptions.
- Treat the ad as a warning sign. It may be unlawful, a scam, or a dog sold under the wrong name. None can lawfully be imported, so be wary of an offer to bring one in from overseas. Read how to spot a pet scam.
- Report it to the site it’s on. On Pet Sales Australia, use “Report This Listing” on the listing, Report a Concern at the foot of any page, or email info@petsales.net.au. Our Listing Rules explain what happens next.
- If an animal is in danger, call your state’s RSPCA or animal welfare authority. Call 000 if a person is. If you suspect dog fighting, the RSPCA says to contact your state or territory’s RSPCA inspectorate.
What if you already own a Japanese Tosa or a cross?
Check before you do anything. Giving one away can be an offence, as well as selling it. The exceptions differ:
- Victoria (Domestic Animals Act 1994) and Queensland (Animal Management (Cats and Dogs) Act 2008): you can surrender the dog to the council (in Victoria, or its pound), so that it can be put down. Victoria also has a narrow exception for family after an owner dies.
- New South Wales (Companion Animals Act 1998): you can surrender it to a council pound or an approved animal welfare organisation.
- Western Australia (Dog Act 1976): the exceptions are narrow, such as a deceased estate. Surrender isn’t one of them.
- South Australia: the Dog and Cat Management Act 1995 had none when we read it on 11 October 2026. A 2025 change (Dog and Cat Management (Breeder Reforms) Amendment Act 2025), not yet in force, would let owners surrender one to the RSPCA or the Animal Welfare League.
- Tasmania (Dog Control Act 2000): you can surrender a declared dog to a pound or an approved animal welfare organisation.
These are hard rules to read. We set them out because an owner who doesn’t know them could break the law, or hand over a dog expecting it to be rehomed. Ask your council or a lawyer what the law allows for your dog.
Looking for a dog you can lawfully buy?
We don’t suggest any dog as a stand-in for another. These are places to start:
- Recognised breeds. Dogs Australia’s Utility group has standards for the Mastiff, the Bullmastiff and the Akita (Japanese), among others. Each is its own breed. None is a Tosa, and we don’t offer any as a replacement for one.
- Crossbreeds. A crossbreed can be listed only if no restricted breed is in its mix. Ask what both parents are.
- A rescue dog. Rescue groups and shelters rehome adult dogs and puppies. See rescue and adoption and older dogs for sale.
- Any dog. See all dogs and where to buy a puppy.
No dog can be listed on Pet Sales Australia if it has been declared dangerous, menacing or restricted, or is under a council control or destruction order.
Listings open soon.
Before you pay for any dog:
- Meet the seller and the dog in person before you pay anything, including a deposit. For a breeder’s puppy, meet its mother too. A video is a first look, not a visit.
- Ask what the dog is, and for the paperwork. A dog’s breed and parents are the seller’s own word.
- Check the seller’s number on the state’s own register, where there is one. Our source number page shows how.
Pet Sales Australia doesn’t hold or protect payments between buyers and sellers. You pay the seller directly, and we can’t get your money back.