Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies to a dog seized under section 56 (Seizure of dogs—general) unless the dog is declared to be a dangerous dog after it was seized.
Note Section 65 deals with the release of a dog declared to be dangerous after it is seized.
(2) The registrar must release the dog to a person claiming its release if, but only if, the registrar is satisfied—
(a) the person claiming its release is the dog's keeper; and
(b) the dog is registered; and
(c) the premises where the dog will be kept are secure enough to prevent the dog escaping; and
(d) if the dog was seized under section 56 (a), (b) or (c) because of an offence against this Act—subsection (3) applies to the offence; and
(e) the dog's keeper has not relinquished ownership under section 69; and
(f) any fee payable under section 144 for the release of the dog has been paid.
(3) This subsection applies to an offence 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an infringement notice has been served for the offence and the infringement notice penalty has been paid or the notice withdrawn; or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.