Australian Capital Territory Numbered Acts

DOMESTIC ANIMALS (DANGEROUS DOGS) LEGISLATION AMENDMENT ACT 2017 (NO. 46 OF 2017) - SECT 73

substitute

59     Seizure—attacking, harassing or menacing dogs

An authorised person—

        (a)     must seize a dog if the authorised person reasonably suspects—

              (i)     the dog attacked a person; and

              (ii)     the attack caused the death of or serious injury to a person; or

        (b)     may seize a dog if the authorised person reasonably suspects the dog—

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

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

    (B)     serious injury to the animal; or

              (ii)     harassed a person or an animal; or

              (iii)     is aggressive or menacing.

60     Impounding of dogs seized

    (1)     An authorised person—

        (a)     may impound a seized dog; and

        (b)     if a dog is impounded—

              (i)     if the dog's keeper's identity is not known—must make reasonable inquiries to find out who is the keeper; or

              (ii)     if the dog's keeper's identity is known—must give oral or written notice to the keeper in accordance with section 61 about the dog's seizure.

    (2)     The authorised person may give the notice by telephone.

    (3)     For subsection (1) (a), if the authorised person is reasonably satisfied that the dog can be kept by the keeper on suitable and secure premises, the authorised person may impound the dog by directing the keeper orally, or in writing, to keep the dog on the premises in accordance with any stated conditions until the investigation is completed.

    (4)     If the authorised person gives an oral direction under subsection (3), the authorised person must confirm the direction in writing as soon as practicable.

    (5)     A person commits an offence if the person fails to comply with a direction under subsection (3).

Maximum penalty: 50 penalty units.