(1) The registrar must declare a dog to be a dangerous dog if—
(a) the dog has been trained as a guard dog, or is kept as a guard dog for guarding premises; or
(b) the dog has attacked and caused the death of or serious injury to a person; or
(c) a decision has been made under a law of a State in relation to the dog, the effect of which is comparable to a declaration under this section.
(2) The registrar may declare a dog to be a dangerous dog if—
(a) the dog has attacked or harassed a person or animal; or
(b) the registrar reasonably believes the dog—
(i) is aggressive or menacing; and
(ii) without being kept in accordance with a dangerous dog licence, would be an unacceptable risk to the safety of the public or other animals.
(3) In making a decision under subsection (2), the registrar must consider the circumstances surrounding the attack or harassment.
(4) Subsection (3) does not limit the matters the registrar may consider.
(5) If the registrar makes a declaration under this section, the registrar must give written notice to a keeper of the dog.
Note For how documents may be given, see the Legislation Act
, pt 19.5.
(6) The notice must—
(a) contain a statement to the effect that the registrar has declared the dog to be a dangerous dog; and
(b) describe the obligations of a keeper of a dangerous dog under this Act; and
(c) if the declaration is made while the dog is impounded—contain a statement to the effect that the dog may be sold or destroyed after 7 days beginning on the day after the keeper is given the notice unless, within that 7 days, an application is made for a dangerous dog licence.