South Australian Numbered Acts

DOG AND CAT MANAGEMENT (MISCELLANEOUS) AMENDMENT ACT 2016 (NO 33 OF 2016) - SECT 40

40—Substitution of section 51

Section 51—delete the section and substitute:

51—Grounds on which orders may be made

A council or the Board may make an order in relation to a dog under this Division if satisfied that—

            (a)         in the case of a Destruction Order—

                  (i)         the dog is unduly dangerous; and

                  (ii)         the dog has attacked, harassed or chased a person or an animal or bird owned by or in the charge of a person in circumstances that would constitute an offence against this Act; or

            (b)         in the case of a Control (Dangerous Dog) Order—

                  (i)         the dog—

                        (A)         is dangerous; and

                        (B)         has attacked, harassed or chased a person or an animal or bird, or is likely to do so, in circumstances that would constitute an offence against this or any other Act; or

                  (ii)         the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Dangerous Dog) Order; or

            (c)         in the case of a Control (Menacing Dog) Order—

                  (i)         the dog—

                        (A)         is menacing; and

                        (B)         has attacked, harassed or chased a person or an animal or bird, or is likely to do so, in circumstances that would constitute an offence against this or any other Act; or

                  (ii)         the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Menacing Dog) Order; or

            (d)         in the case of a Control (Nuisance Dog) Order—

                  (i)         the dog—

                        (A)         is a nuisance; and

                        (B)         has attacked, harassed or chased a person or an animal or bird, or is likely to do so, in circumstances that would constitute an offence against this or any other Act; or

                  (ii)         the dog is subject to an order made under a law of another jurisdiction that corresponds with a Control (Nuisance Dog) Order; or

            (e)         in the case of a Control (Barking Dog) Order—

                  (i)         the dog is a nuisance; and

                  (ii)         the dog has created noise by barking or otherwise in circumstances that would constitute an offence against this or any other Act.