Queensland Consolidated Acts

ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - SECT 237

237 Continued application of pre-commencement Act to particular restricted dogs

(1) This section applies if—

(a) immediately before the commencement—

(i) a restricted dog permit was in effect under former chapter 4, part 3 for a restricted dog; and

(ii) the restricted dog was registered; or

(b) after the commencement, a restricted dog permit is issued or renewed under former chapter 4, part 3, as applied under section 234, 235 or 236, for a dog that—

(i) was a restricted dog immediately before the commencement; and

(ii) is registered.

(2) The dog is taken not to be a prohibited dog for the purposes of this Act.

(3) Also, this Act as in force immediately before the commencement continues to apply in relation to the dog as if—

(a) the amendment Act had not been enacted; and;

(b) the dog continued to be a restricted dog.

(4) However, subsections (2) and (3) cease to apply in relation to the dog on the earliest of the following to happen—

(a) the restricted dog permit for the dog expires and the permit holder has not applied to renew the permit under former section 82;

(b) the relevant local government for the dog makes an original decision under former chapter 4, part 3, division 3 to refuse an application to renew the restricted dog permit and the circumstances mentioned in subsection (5)(a), (b), (c) or (d) apply;

(c) the dog ceases to be registered;

(d) the dog is surrendered to the relevant local government under section 100;

(e) the dog is destroyed under this Act or otherwise dies.

(5) For subsection (4)(b), the circumstances are—

(a) the period within which the applicant may apply for an internal review of the original decision ends and the applicant has not, within that period, applied for an internal review of the original decision; or

(b) if the applicant applies for an internal review of the original decision—

(i) the application is decided and both of the following apply—

(A) the decision on the application confirms the original decision;

(B) the period within which the applicant may apply for an external review of the original decision ends and the applicant has not, within that period, applied for an external review; or

(ii) the application is withdrawn or otherwise ends without a decision being made; or

(c) if the applicant applies for an external review of the original decision—

(i) the application is decided and both of the following apply—

(A) the decision on the application (the
"external review decision" ) confirms the original decision;

(B) the period within which the applicant may start an appeal against the external review decision ends and the applicant has not, within that period, started an appeal against the decision; or

(ii) the application is withdrawn or otherwise ends without a decision being made; or

(d) if the applicant starts an appeal against the external review decision—

(i) the appeal is decided and the effect of the decision is to confirm the external review decision; or

(ii) the appeal is withdrawn or otherwise ends without a decision being made.