New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 18

18 Dog that has attacked or bitten may be secured or seized

(1) If a dog attacks or bites any person or animal (except vermin) otherwise than in the circumstances referred to in section 16 (2), an authorised officer may, at any time within 72 hours after the attack or bite--

(a) secure the dog on property that the officer has reason to believe is occupied by the dog's owner, or

(b) seize the dog.

(2) Any other person may seize the dog if the dog is on property owned or occupied by the person.

(3) If the dog is on property that an authorised officer has reason to believe is occupied by the dog's owner, the officer may seize the dog only if the officer is satisfied that--

(a) the dog cannot be kept adequately secured on that property, or

(b) the dog cannot be kept under the effective control of some competent person while it is on that property, or

(c) the owner of the dog has repeatedly failed to keep the dog secured on that property or under the effective control of a competent person while it is on that property (regardless of whether the dog is secured or under effective control at the relevant time).

(4) An authorised officer who, under this section, secures or seizes a dog on property that the officer has reason to believe is property occupied by the dog's owner must, before leaving that property, prepare a notice setting out--

(a) the reasons why the dog has been secured or seized, and

(b) the method by which the dog has been secured, or the place to which it has been taken, as the case may be.

(5) The notice must be left--

(a) in a conspicuous place on the property, or

(b) with a person (being a person apparently above the age of 16 years) who appears to be an occupier of the property.

(6) This section applies whether or not any injury is caused to a person or animal by the dog's attack or bite.