Page 5352 - Week 14 - Wednesday, 29 November 2017

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(5) 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.

(6) If the registrar decides not to destroy the dog, the registrar may issue a control order for the dog to the dog’s keeper.

Note 1 The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2).

Note 2 The registrar must give a reviewable decision notice for s (2) and s (6) 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).

53C Dealing with attacking, harassing or menacing dogs generally

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

(a) attacked a person or an animal and the attack caused—

(i) an injury (other than a serious injury) to the person; or

(ii) serious injury to the animal; or

(b) harassed a person or an animal; or

(2) The registrar may decide to destroy the dog.

(3) In making a decision under subsection (2), the registrar—

(a) must consider—

(i) the safety of the public and other animals; and

(ii) if the dog attacked a person or animal—the circumstances of the attack including whether—

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

(B) 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

(C) 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) may consider any other relevant matter.

(4) If the registrar decides not to destroy the dog, the registrar may issue a control order for the dog to the dog’s keeper.

Note 1 The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2).

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