Australian Capital Territory Current Acts

DOMESTIC ANIMALS ACT 2000 - SECT 25

    (1)     If an application for a dangerous dog licence is made under section 24, the registrar must, by written notice to the applicant—

        (a)     approve the issue of a licence; or

        (b)     refuse to approve the issue of a licence.

    (2)     The registrar—

        (a)     must refuse to approve the issue of a licence if—

              (i)     the applicant is disqualified from keeping a dog or any other animal; or

              (ii)     the dog is not implanted with an identifying microchip as required under this Act; or

Note     Section 138A deals with the disqualification of a person from keeping an animal.

        (b)     may refuse to approve the issue of a licence if the registrar reasonably believes—

              (i)     there would be an unacceptable risk to the safety of the public or other animals if the licence were issued; or

              (ii)     the applicant has failed, or is unable, to exercise responsible dog management, care or control.

    (3)     In making a decision under this section, the registrar must consider the following:

        (a)     the size and nature of the premises where the applicant intends to keep the dog;

        (b)     the security of the premises;

        (c)     the suitability of facilities for keeping the dog on the premises;

        (d)     the potential impact on the occupiers of neighbouring premises;

        (e)     any conviction or finding of guilty of the applicant within the last 10 years for an offence against a law of a Territory or State relating to the welfare, keeping or control of an animal;

        (f)     the safety of the public and other animals.

    (4)     Subsection (5) applies if—

        (a)     the application is made after the dog is seized under division 2.7 (Seizing dogs and dealing with them); and

        (b)     the dog was seized because of the contravention of a provision of this Act (the offence ); and

        (c)     the dog is declared to be a dangerous dog after it is seized.

    (5)     The registrar may approve the application only if—

        (a)     28 days have elapsed since the day the dog was seized and—

              (i)     a prosecution has not been started for the offence; and

              (ii)     an infringement notice has not been served for the offence; or

        (b)     an infringement notice has been served for the offence and the infringement notice penalty has been paid or the notice withdrawn; or

        (c)     a prosecution for the offence was started not later than 28 days after the day the dog was seized and—

              (i)     the prosecution has been discontinued; or

              (ii)     the keeper has been convicted or found guilty of the offence but is not disqualified by an order under section 138A from keeping the dog.

    (6)     Subsection (3) does not limit the matters the registrar may consider.