Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) If the registrar reasonably believes that an animal is causing an animal nuisance, the registrar may issue a written notice to—
(a) the keeper of the animal believed to be causing the nuisance; or
(b) if the keeper cannot be identified or is not the occupier of the premises—a person who occupies the place where the animal is causing the nuisance.
(2) In deciding whether to issue a notice, the registrar must consider the following:
(a) the number of people affected, or potentially affected, by the nuisance;
(b) the damage, disturbance or danger resulting, or likely to result, from the nuisance;
(c) any reasonable precautions that a person whose animal is causing the nuisance has or has not taken to avoid or minimise the adverse effects, or the potential adverse effects, of the nuisance;
(d) any reasonable precautions that a person adversely affected, or potentially adversely affected, by the nuisance has or has not taken to avoid or minimise the effects, or likely effects, of the nuisance.
(3) Subsection (2) does not limit the matters that the registrar may consider.
(4) A nuisance notice—
(a) must—
(i) state the animal nuisance that must be reduced or stopped; and
(ii) state where the nuisance is being caused; and
(iii) indicate that, unless the animal nuisance is reduced or stopped, proceedings may be instituted for contravention of the notice or an offence against section 110 (1) (Offence of animal nuisance); and
(b) may mention steps to be taken to prevent the recurrence of the animal nuisance.
(5) A copy of a nuisance notice must be given to the person because of whose complaint the nuisance notice was issued.
(6) A nuisance notice continues in force until revoked under section 113.
(7) A person commits an offence if the person fails to comply with a nuisance notice.
Maximum penalty: 5 penalty units.
(8) An offence against this section is a strict liability offence.