Australian Capital Territory Repealed Acts

This legislation has been repealed.

DOG CONTROL ACT 1975 (REPEALED) - SECT 31

(1)     Where a dog is seized by an inspector in pursuance of subsection 28 (2) or (4), the Registrar shall cause the dog to be impounded at premises under the control of the Territory or at other premises approved by the Minister for the purpose until—

        (a)     if proceedings for an offence against section 25 are instituted within 28 days after the day on which the dog was seized—the completion of those proceedings; or

        (b)     if proceedings for an offence against section 25 are not instituted within that period of 28 days—the expiration of a period of 30 days after the day on which the dog was seized.

(2)     Where, under subsection 25 (4), the court orders the destruction of a dog that is detained under subsection (1), the costs of impounding the dog are payable to the Territory by the former keeper of the dog.

(3)     Where—

        (a)     before the expiration of 28 days after the day on which the dog was seized, the Registrar believes on reasonable grounds that the Director of Public Prosecutions will not institute proceedings for an offence against section 25;

        (b)     at the expiration of the period referred to in paragraph (a) proceedings for such an offence have not been instituted; or

        (c)     such proceedings have been instituted, but the court does not order the destruction of the dog;

the Registrar shall return the dog to its keeper.

(4)     Where proceedings for an offence against section 25 are found by the court to be frivolous or vexatious, the costs of impounding the dog shall be borne by the person who instituted the proceedings.