Companion Animals Act 1998 No 87
Current version for 18 November 2013 to date (accessed 25 November 2014 at 00:47)
Part 5Division 6

Division 6 Declaration of dogs as restricted dogs

58A   Notice of intention to declare dog to be restricted dog

(1)  If an authorised officer of a council is of the opinion that a dog:
(a)  is of a breed or kind of dog referred to in section 55 (1) (a)–(d1), or
(b)  is a cross-breed of any such breed or kind of dog,
the authorised officer may give notice to the owner of the dog of the officer’s intention to declare the dog to be a restricted dog.
(2)  The notice is to be in the approved form and must set out:
(a)  the requirements that the owner of the dog will be required to comply with if the declaration is made, and
(b)  the procedures associated with obtaining a breed or temperament assessment (as referred to in section 58C) in relation to the dog.
(3)  (Repealed)

58B   Obligations of owner when notified of proposed restricted dog declaration

(1)  If a notice is given under section 58A to the owner of a dog of an authorised officer’s intention to declare the dog to be a restricted dog, the owner must:
(a)  ensure that at all times when the dog is away from the property where it is ordinarily kept:
(i)  it is under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and is held by (or secured to) the person, and
(ii)  it has a muzzle securely fixed on its mouth in such a manner as will prevent it from biting any person or animal, and
(b)  register the dog (if it is not already registered), regardless of its age, within 7 days after receiving the notice.
Note. Registration of a dog requires the dog to be microchipped.

Maximum penalty: 50 penalty units.

(2)  For the purposes of subsection (1) (a) (i), a dog is not considered to be under the effective control of a person if the person has more than 2 dogs (one of which is the dog the subject of the proposed declaration) under his or her control at the one time.
(3)  Subsection (1) (a) only applies in respect of a dog:
(a)  for 28 days after the notice is given to the dog’s owner, or
(b)  until the authorised officer notifies the owner that the authorised officer has made the proposed declaration or has decided not to make it,
whichever happens first.
(4)  An authorised officer may seize a dog that is the subject of a proposed declaration if:
(a)  the officer is satisfied that:
(i)  the requirements of subsection (1) (a) have not been complied with in relation to the dog, or
(ii)  the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or
(b)  the dog is not registered (regardless as to whether the 7 day period referred to in subsection (1) (b) has expired).
(4A)  An authorised officer may seize a dog under subsection (4) (a) only during the period when subsection (1) (a) applies in respect of the dog.
(5)  If a dog is seized under subsection (4), Part 7 applies in respect of the dog with the following modifications:
(a)  a claim for the dog cannot be made under section 64 unless an authorised officer is satisfied that:
(i)  the requirements of subsection (1) (a) are capable of being complied with in relation to the dog, and
(ii)  the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, and
(iii)  the dog has been registered,
(b)  if the dog is declared to be a restricted dog, the dog may not be destroyed under section 64 until 7 days after notice is given to the owner of the dog under section 58D.

58C   Authorised officer may declare dog to be restricted dog

(1) Declaration by council
If a notice of intention to declare a dog to be a restricted dog is given under section 58A to the owner of the dog, the authorised officer who gave the notice (or any other authorised officer of the council) may, after the period of 28 days following the giving of the notice, declare the dog to be a restricted dog. It does not matter if the dog is ordinarily kept in another council’s area.
(2) Certification in relation to dog’s breed or temperament may be provided
An authorised officer of a council is not to declare the dog to be a restricted dog if, within the period of 28 days following the giving of the notice under section 58A, the owner of the dog:
(a)  provides the authorised officer with a written statement by an approved breed assessor to the effect that the dog:
(i)  is not of a breed or kind of dog referred to in section 55 (1) (a)–(d1), and
(ii)  is not a cross-breed of any such breed or kind of dog, or
(b)  provides the authorised officer with:
(i)  a written statement by an approved breed assessor to the effect that the dog is not of a breed or kind of dog referred to in section 55 (1) (a)–(d1) but is a cross-breed of any such breed or kind of dog, and
(ii)  a written statement by an approved temperament assessor to the effect that the dog is not a danger to the public and is not likely, without provocation, to attack or bite any person or animal.
(3)  Without limiting the form in which a written statement by an approved breed assessor may be in for the purposes of subsection (2), any such written statement may be in the form of, or comprise, a certificate that is of a kind or description prescribed by the regulations.
(4)  The owner of a dog that is the subject of a proposed declaration under this section:
(a)  cannot, despite any other provision of this Act, rely on or produce, any evidence with respect to the dog’s breed or temperament (including any information entered on the Register as to the dog’s breed) apart from a written statement as referred to in this section, and
(b)  is liable to pay for any costs associated with obtaining a written statement from an approved breed assessor or approved temperament assessor for the purposes of this section.
(5)  An authorised officer of a council may, in any particular case, extend the 28-day period referred to in subsection (2) for a further period because of extenuating circumstances.
(6)  Any written statement provided by an approved breed assessor or approved temperament assessor for the purposes of this section may not be challenged, reviewed, quashed or called into question on any grounds before any court or tribunal in any legal proceedings.

58D   Authorised officer to notify dog owner of decision and consequences

(1)  An authorised officer of a council must give notice to the owner of a dog when the authorised officer declares the dog to be a restricted dog or decides not to declare the dog to be a restricted dog. The notice must be given within 7 days after the declaration or decision is made.
(2)  A notice that a dog has been declared a restricted dog must set out the requirements and restrictions imposed on the owner under this Part and the date or dates by which the owner must comply with those requirements.
(3)  A declaration by an authorised officer of a council under this Division:
(a)  has effect from the date specified in the notice or the date on which notice is given (whichever is the later), and
(b)  has effect throughout the State and is not limited in its operation to the area of the council whose authorised officer made the declaration, and
(c)  may be revoked at any time by the council whose authorised officer made the declaration.
(4)  A declaration or other decision by an authorised officer of a council under this Division is final and is not subject to any appeal or review.
(5)  (Repealed)

58DA   Director-General to be notified of making or revocation of declaration

(1)  An authorised officer of a council who makes a declaration under this Division must give notice of the declaration to the Director-General within 7 days.
(2)  A council that revokes a declaration under this Division must give notice of the revocation to the Director-General within 7 days.

58E   Protection from liability of assessors

An approved breed assessor or approved temperament assessor does not incur any civil or criminal liability in respect of anything done or omitted to be done in good faith by the assessor in connection with carrying out an assessment of a dog’s breed or temperament for the purposes of this Division.

58F   Persons authorised to provide certain information to councils

(1)  Any person (other than a council) who is authorised by or under this Act to identify or register companion animals may, despite any other Act or law, provide any information (including the person’s opinion as to the breed or temperament of a dog) to a council that may result in any action being taken under this Division in relation to a dog.
(2)  A person does not incur any criminal or civil liability (including liability for breaching any duty of confidentiality) for providing any such information to a council if the information is provided in good faith.
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