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COMPANION ANIMALS ACT 1998 - SECT 36
Obligations of owner when notified of proposed declaration
36 Obligations of owner when notified of proposed declaration
(1) If a notice is given under section 35 to the owner of a dog of an
authorised officer's intention to declare the dog to be a dangerous dog or a
menacing dog, the owner must-- (a) ensure that at all times when the dog is
away from the property where it is ordinarily kept-- (i) it is under the
effective control of some competent person by means of an adequate chain, cord
or leash that is attached to the dog and is held by (or secured to) the
person, and
(ii) it has a muzzle securely fixed on its mouth in such a manner
as will prevent it from biting any person or animal, and
(b) register the dog
(if it is not already registered), regardless of its age, within 7 days after
receiving the notice. Note--: Registration of a dog requires the dog to be
microchipped.
: Maximum penalty--50 penalty units.
(2) Subsection (1) (a)
only applies in respect of a dog-- (a) for 28 days after the notice is given
to the dog's owner, or
(b) until the authorised officer notifies the owner
that the officer has made the proposed declaration or has decided not to make
it,
whichever happens first.
(3) An authorised officer may seize a dog that
is the subject of a proposed declaration if-- (a) the officer is satisfied
that-- (i) the requirements of subsection (1) (a) have not been complied with
in relation to the dog, or
(ii) the dog is not confined, tethered or
restrained in such a way as to prevent the dog attacking or chasing a person
lawfully at the property where the dog is ordinarily kept, or
(b) the dog is
not registered (regardless as to whether the 7 day period referred to in
subsection (1) (b) has expired).
(3A) An authorised officer may seize a dog
under subsection (3) (a) only during the period when subsection (1) (a)
applies in respect of the dog.
(4) If a dog is seized under subsection (3),
Part 7 applies in respect of the dog, except that a claim for the dog cannot
be made under section 64 unless an authorised officer is satisfied that-- (a)
the requirements of subsection (1) (a) are capable of being complied with in
relation to the dog, and
(a1) the dog is reasonably capable of being
confined, tethered or restrained in such a way as to prevent the dog attacking
or chasing a person lawfully at the property where the dog is ordinarily kept,
and
(b) the dog has been registered.
(5) For the purposes of subsection (1)
(a) (i), a dog is not considered to be under the effective control of a person
if the person has more than 2 dogs (one of which is the dog the subject of the
proposed declaration) under his or her control at the one time.
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