Page 5351 - Week 14 - Wednesday, 29 November 2017

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omit clause 9, substitute

9 New sections 53A to 53E

insert

53A Complaints about attacking, harassing or menacing dogs

(1) A person may complain in writing to the registrar about a dog if the dog—

(a) attacked or harassed a person or an animal; or

(b) is aggressive or menacing.

(2) The registrar—

(a) must investigate the complaint if it is about an attack that caused the death of, or serious injury to, a person; and

(b) in any other case—may investigate the complaint.

Note The dog may be seized and impounded by an authorised person until the end of the investigation (see s 56A).

(3) The registrar must tell the complainant in writing—

(a) whether or not the registrar investigated the complaint; and

(b) if an investigation was conducted—the outcome of the investigation.

(4) The registrar may make guidelines about how the registrar investigates complaints.

(5) A guideline is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

53B Dealing with attacking dogs—death or serious injury to person or death of animal

(1) This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that—

(a) a dog attacked a person or an animal; and

(b) the attack caused—

(i) the death of the person; or

(ii) serious injury to the person; or

(iii) the death of the animal.

(2) The registrar must destroy the dog.

(3) However, subsection (2) does not apply if, and only if, the registrar is reasonably satisfied the dog is not likely to be a danger to the public or another animal.

(4) For subsection (3), the registrar may consider—

(a) the circumstances of the attack including whether—

(i) the person or animal provoked the dog; or

(ii) the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or

(iii) if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and

(b) whether reasonable steps can be taken to reduce the risk of the dog endangering the public and other animals; and

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