Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 62

    (1)     This section applies to a dog seized under section 56 (Seizure of dogs—general) unless the dog is declared to be a dangerous dog after it was seized.

Note     Section 65 deals with the release of a dog declared to be dangerous after it is seized.

    (2)     The registrar must release the dog to a person claiming its release if, but only if, the registrar is satisfied—

        (a)     the person claiming its release is the dog's keeper; and

        (b)     the dog is registered; and

        (c)     the premises where the dog will be kept are secure enough to prevent the dog escaping; and

        (d)     if the dog was seized under section 56 (1) (a), (b), (c) or (d) because of an offence against this Act—subsection (3) applies to the offence; and

        (e)     the dog's keeper has not relinquished ownership under section 69; and

        (f)     any fee payable under section 144 for the release of the dog has been paid; and

        (g)     the keeper is able to exercise responsible dog management, care and control in relation to the dog; and

        (h)     there is not an unacceptable risk to the safety of the public and other animals from the dog being released.

    (3)     This subsection applies to an offence if—

        (a)     the holding period has ended and—

              (i)     a prosecution has not been started for the offence; and

              (ii)     an infringement notice has not been served for the offence; or

        (b)     an infringement notice has been served for the offence and the infringement notice penalty has been paid or the notice withdrawn; or

        (c)     a prosecution for the offence was started before the end of the holding period and—

              (i)     the prosecution has been discontinued; or

              (ii)     the keeper has been convicted or found guilty of the offence but is not disqualified by an order under section 138A from keeping the dog.

    (4)     In this section:

"holding period", in relation to a seized dog, means—

        (a)     28 days after the day the dog was seized (the original period ); or

        (b)     if the registrar gives written notice to the dog's keeper before the end of the original period—the original period plus an additional stated period.