Queensland Consolidated Acts

ANIMAL MANAGEMENT (CATS AND DOGS) ACT 2008 - SECT 89

89 Power to make declaration

(1) Any local government may, by complying with the requirements of this part—

(a) declare a particular dog to be a declared dangerous dog (a
"dangerous dog declaration" ); or

(b) declare a particular dog to be a declared menacing dog (a
"menacing dog declaration" ); or

(c) declare a particular dog to be a restricted dog (a
"restricted dog declaration" ).

(2) A dangerous dog declaration may be made for a dog only if the dog—

(a) has seriously attacked, or acted in a way that caused fear to, a person or another animal; or

(b) may, in the opinion of an authorised person having regard to the way the dog has behaved towards a person or another animal, seriously attack, or act in a way that causes fear to, the person or animal.

(3) A menacing dog declaration may be made for a dog only if a ground mentioned in subsection (2) exists for the dog, except that the attack was not serious.

(4) A restricted dog declaration may be made for a dog only if the local government is satisfied the dog is of a breed mentioned in section 63 (1) .

(5) The declaration may be made even if the dog is not in the local government’s area.

(6) A declaration under this section is a
"regulated dog declaration" .

(7) In this section—

"seriously attack" means to attack in a way causing bodily harm, grievous bodily harm or death.