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COMPANION ANIMALS ACT 1998 - SECT 23 Disqualification from owning or being in charge of dog

COMPANION ANIMALS ACT 1998 - SECT 23

Disqualification from owning or being in charge of dog

23 Disqualification from owning or being in charge of dog

(1) A person who is convicted of any of the following offences is permanently disqualified from owning a dog or from being in charge of a dog in a public place--
(a) an offence under section 16 (1AB) or (1A),
(b) an offence under section 17 where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence,
(c) an offence under section 35A of the Crimes Act 1900 .
(2) A court that convicts a person of an offence under any of the following provisions of this Act can order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period--
(a) section 15 (Certain breeds of dogs to be muzzled),
(b) section 16 (1) or (1AA),
(c) section 17 (Dog must not be encouraged to attack), except where the dog concerned was a dangerous, menacing or restricted dog at the time of the offence,
(d) section 36 (Obligations of owner when notified of proposed declaration),
(e) section 49 (Failure to comply with destruction or control order),
(f) section 51 (Owner of dangerous dog or menacing dog must comply with control requirements),
(g) section 56 (Owner of restricted dog must comply with control requirements),
(h) any other provision prescribed by the regulations as a provision to which this subsection applies.
(3) A court that convicts a person of more than one offence under any of the following provisions of this Act during any 5 year period can, on the second or subsequent conviction during that period, order that the person is disqualified from owning a dog, or from being in charge of a dog in a public place, for a specified period--
(a) section 32A (Nuisance dogs),
(b) any other provision prescribed by the regulations as a provision to which this subsection applies.
(4) The maximum period of disqualification that a court can order under this section is 5 years. An order under this section is in addition to any penalty that the court can impose for an offence.
(5) The making of an order by a court under section 10 of the Crimes (Sentencing Procedure) Act 1999 in respect of a person charged with an offence is to be treated for the purposes of this section as a conviction of the person for the offence.
(6) A person who is the owner of a dog, or who is in charge of a dog, in contravention of a disqualification or order under this section is guilty of an offence.
: Maximum penalty--
(a) 10 penalty units except in the case of a dangerous, menacing or restricted dog, or
(b) 100 penalty units in the case of a dangerous, menacing or restricted dog.