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COMPANION ANIMALS ACT 1998 - SECT 23
Disqualification from owning or being in charge of dog
23 Disqualification from owning or being in charge of dog
(1) A person who is convicted of any of the following offences is permanently
disqualified from owning a dog or from being in charge of a dog in a
public place-- (a) an offence under section 16 (1AB) or (1A),
(b) an offence
under section 17 where the dog concerned was a dangerous, menacing or
restricted dog at the time of the offence,
(c) an offence under section 35A
of the Crimes Act 1900 .
(2) A court that convicts a person of an offence
under any of the following provisions of this Act can order that the person is
disqualified from owning a dog, or from being in charge of a dog in a
public place, for a specified period-- (a) section 15 (Certain breeds of dogs
to be muzzled),
(b) section 16 (1) or (1AA),
(c) section 17 (Dog must not be
encouraged to attack), except where the dog concerned was a dangerous,
menacing or restricted dog at the time of the offence,
(d) section 36
(Obligations of owner when notified of proposed declaration),
(e) section 49
(Failure to comply with destruction or control order),
(f) section 51 (Owner
of dangerous dog or menacing dog must comply with control requirements),
(g)
section 56 (Owner of restricted dog must comply with control requirements),
(h) any other provision prescribed by the regulations as a provision to which
this subsection applies.
(3) A court that convicts a person of more than one
offence under any of the following provisions of this Act during any 5 year
period can, on the second or subsequent conviction during that period, order
that the person is disqualified from owning a dog, or from being in charge of
a dog in a public place, for a specified period-- (a) section 32A (Nuisance
dogs),
(b) any other provision prescribed by the regulations as a provision
to which this subsection applies.
(4) The maximum period of disqualification
that a court can order under this section is 5 years. An order under this
section is in addition to any penalty that the court can impose for an
offence.
(5) The making of an order by a court under section 10 of the
Crimes (Sentencing Procedure) Act 1999 in respect of a person charged with an
offence is to be treated for the purposes of this section as a conviction of
the person for the offence.
(6) A person who is the owner of a dog, or who is
in charge of a dog, in contravention of a disqualification or order under this
section is guilty of an offence. : Maximum penalty-- (a) 10 penalty units
except in the case of a dangerous, menacing or restricted dog, or
(b) 100
penalty units in the case of a dangerous, menacing or restricted dog.
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