Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 53C

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

        (a)     attacked a person or an animal and the attack caused—

              (i)     an injury (other than a serious injury) to the person; or

              (ii)     serious injury to the animal; or

        (b)     harassed a person or an animal; or

        (c)     is aggressive or menacing.

    (2)     The registrar may decide to destroy the dog.

    (3)     In making a decision under subsection (2), the registrar—

        (a)     must consider—

              (i)     the safety of the public and other animals; and

              (ii)     if the dog attacked a person or animal—the circumstances of the attack including whether—

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

    (B)     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

    (C)     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)     may consider any other relevant matter.

    (4)     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 (4) 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).