Page 5346 - Week 14 - Wednesday, 29 November 2017

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the animal is causing the nuisance

16ZC Section 112 (4) (a) (ii)

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(ii) state where the nuisance is being caused; and

16ZD Sections 114, 114A and 114B

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114 Seizure, impounding and return of nuisance animals

(1) An authorised person may seize an animal if—

(a) the authorised person reasonably believes the animal is causing an animal nuisance, after considering—

(i) the extent of the animal nuisance; and

(ii) the likelihood of the keeper of the animal reducing or stopping the nuisance or complying with steps mentioned in a nuisance notice to prevent its recurrence; or

(b) the keeper does not comply with a nuisance notice issued to the keeper in relation to the animal.

(2) If an animal is seized under subsection (1), the registrar must—

(a) impound the animal until it is returned to its keeper, or sold or destroyed; and

(b) either—

(i) if the animal’s keeper’s identity is not known—make reasonable inquiries to find out who is the keeper; or

(ii) if the animal’s keeper’s identity is known—give oral or written notice to the keeper in accordance with section 114A about the animal’s seizure.

(3) The registrar may give the notice by telephone.

(4) The registrar must release the animal to a person claiming its release if reasonably satisfied that—

(a) the animal nuisance is not likely to happen again if the animal is returned to the keeper; and

(b) for a dog—there is not an unacceptable risk to the safety of the public or other animals from the dog being released to the keeper.

(5) If the registrar releases a dog, the registrar may issue the keeper with a control order in relation to the dog.

(6) Any costs or expenses incurred by the Territory in seizing or impounding an animal under this section are a debt payable to the Territory by the keeper of the animal.

114A Information to be given in notice of animal’s seizure

If an animal is seized under section 114, the notice of seizure must give the following information, if relevant:

(a) when and where the animal was seized;

(b) the reason the animal was seized;

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