Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 53B

    (1)     This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that—

        (a)     a dog attacked a person or an animal; and

        (b)     the attack caused—

              (i)     the death of the person; or

              (ii)     serious injury to the person; or

              (iii)     the death of the animal.

    (2)     The registrar must destroy the dog.

    (3)     However, subsection (2) does not apply if, and only if, the registrar is reasonably satisfied the dog is not likely to be a danger to the public or another animal.

    (4)     For subsection (3), the registrar may consider—

        (a)     the circumstances of the attack including whether—

              (i)     the person or animal provoked the dog; or

              (ii)     the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or

              (iii)     if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and

        (b)     whether reasonable steps can be taken to reduce the risk of the dog endangering the public and other animals; and

        (c)     any other relevant matter.

    (5)     The registrar may destroy the dog if—

        (a)     the registrar gives the dog's keeper written notice of the decision to destroy the dog; and

        (b)     the dog's keeper—

              (i)     does not, within 7 days after the day the notice is given (the application period ), apply to the ACAT under section 120 for review of the decision; or

              (ii)     applies to the ACAT under section 120 for review of the decision within the application period and the registrar's decision to destroy the dog is confirmed.

    (6)     If the registrar decides not to destroy the dog, the registrar—

        (a)     may issue a control order for the dog to the dog's keeper or carer; and

        (b)     if the registrar issues a control order to a carer of the dog—must give a copy of the order to the dog's keeper.

Note 1     The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2).

Note 2     The registrar must give a reviewable decision notice for s (2) and s (6) to the keeper or carer and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008

, s 67A).