New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 58G

58G Power to seize and destroy dangerous or restricted dog in certain circumstances

(1) Seizing dangerous or restricted dog that attacks An authorised officer may seize a dangerous or restricted dog if the dog attacks or bites a person or animal (other than vermin) without provocation.

(1A) Seizing dangerous dog if certain control requirements not complied with An authorised officer may seize a dangerous dog if the requirements referred to in section 51 (1) (c), (c1) or (e) are not complied with in relation to the dog on at least 2 separate occasions over any period of 12 months (whether or not each occasion relates to the same requirement).

Note: See section 57 (4) for the power to seize a restricted dog for non-compliance with any of the control requirements under section 56.

(2) If a dog is seized under this section:

(a) the dog is to be delivered as soon as possible to a council pound, and

(b) an authorised officer of a council may authorise the destruction of the dog.

(3) However, if the dog has been seized under subsection (1A), the authorised officer may authorise the destruction of the dog only if the officer is satisfied that it is reasonable to do so after appropriate enquiries have been made into the circumstances that resulted in the dog being seized.

(4) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under this section.

(5) This section does not limit the power of an authorised officer to seize a dangerous or restricted dog under any other provision of this Act.