Testing No Pet by-law with NCAT

Our complex has had a No Animal by-law for many years and that particular by-law was reviewed at last AGM and OC  resolved to leave by-law in place.  Recently a new owner moved in with a large dog, many complaints received by SC who requested SM to advise Owner via letter of bylaw and requesting the animal be removed.  After firstly responding dog belonged to a visitor and was only there once – so according to them there was no real issue to be addressed (there is already an existing by-law in place re no visitor pets etc). Subsequently over the next few weeks they were presented with video from complex CCTV showing the dog still residing at complex they have advised ownership of the dog, and that if we don’t stop “bullying” them with continual letters from SM they will be taking the matter to NCAT on following grounds:-

1. They consulted Solicitor during process of purchasing unit who provided them information that new rules would permit them to keep an animal. As such they took all reasonable steps to ensure they complied.

2. They keep the animal confined inside their unit and always carry the dog when transporting from unit, across CP to any public area.

3. They always take and use plastic bags to remove animal waste from CP grassed areas.

4. To date there have been no complaints about barking.

5. Dog has been a family pet for many years and because there are no friends/family that can take the dog it would have to be put down which would be cruel.

After talking to several different SPs we have been told they will probably get a NCAT decision to allow them to keep the dog, but include something like a sunset clause advising they cant replace the dog if it dies (its not an old dog). Is this really the likely outcome?  What’s the use of by-laws if this is true.