Page 5341 - Week 14 - Wednesday, 29 November 2017
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
(ii) there would be an unacceptable risk to the safety of the public or other animals if the dog were released to the keeper; and
(d) the registrar is reasonably satisfied that the dog would not be an unacceptable risk to the safety of the public or other animals if the dog were kept by someone who was able to exercise responsible dog management, care or control in relation to the dog.
(2) The registrar may decide to sell the dog.
(3) The registrar may sell the dog if—
(a) the registrar gives the dog’s keeper written notice of the decision to sell the dog; and
(b) the dog’s keeper—
(i) does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or
(ii) applies to the ACAT under section 120 for review of the decision within the application period and the registrar’s decision to sell the dog is confirmed.
Note The registrar must give a reviewable decision notice for s (2) to the keeper and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A).
16F Selling or destroying dangerous dogs generally
Section 68 (2) (c)
substitute
(c) not later than 7 days after the day notice under section 60 (1) (b) (ii) was given to the dog’s keeper, the keeper does not tell the registrar, in writing, that the keeper wishes to claim the dog and—
16G New section 68A
insert
68A Destroying dogs—public safety concerns
(1) This section applies if the registrar reasonably believes that a dog—
(a) is an unacceptable risk to the safety of the public or other animals; and
(b) cannot be reasonably rehoused, retrained or otherwise rehabilitated so that the dog is no longer an unacceptable risk to the safety of the public or other animals.
(2) The registrar may decide to destroy the dog.
(3) The registrar may destroy the dog if—
(a) the registrar gives the dog’s keeper written notice of the decision to destroy the dog; and
(b) the dog’s keeper—
(i) does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or
(ii) applies to the ACAT under section 120 for review of the decision within the application period and the registrar’s decision to destroy the dog is confirmed.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video