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DOMESTIC ANIMALS ACT 2000 - SECT 36

Cancellation of special licences

    (1)     The registrar—

        (a)     must cancel a special licence if the licensee is disqualified from keeping a dog or any other animal; or

Note     Section 138A deals with the disqualification of a person from keeping an animal.

        (b)     may cancel a special licence if—

              (i)     the registrar becomes aware of circumstances that, if the registrar had been aware of them at the time of the application for the licence, would have resulted in the application being refused; or

              (ii)     the licensee contravenes a condition of the licence; or

              (iii)     the licence was obtained by a false or misleading statement; or

              (iv)     the registrar reasonably believes there would be an unacceptable risk to the safety of the public or other animals if the licence were not cancelled; or

              (v)     the registrar reasonably believes that the licensee has failed, or is unable, to exercise responsible dog management, care or control.

    (2)     Before cancelling a special licence, the registrar must give the licensee a written notice—

        (a)     stating the grounds on which the registrar proposes to cancel the licence; and

        (b)     stating the facts that, in the registrar's opinion, establish the grounds; and

        (c)     telling the licensee that the licensee may give a written response to the registrar about the matters in the notice, within 7 days beginning the day after receiving the notice.

    (3)     In deciding whether to cancel the licence, the registrar must consider any response given to the registrar in accordance with subsection (2) (c).

    (4)     The registrar must give the licensee written notice of the registrar's decision.

    (5)     Cancellation of a special licence takes effect on the day notice of the cancellation is given to the licensee or, if the notice provides for a later day of effect, that day.



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