Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where a local
government refuses to effect or renew the registration of a dog, or cancels a
registration, the applicant or the registered owner as the case may be may
apply to the State Administrative Tribunal for a review of the decision.
[(2) deleted]
(3) Where the State
Administrative Tribunal affirms the decision of the local government,
section 40(1) shall not apply and the State Administrative Tribunal shall
make an order for the seizure of the dog and for its detention and
destruction.
(3a) Notwithstanding
subsection (3), the State Administrative Tribunal may suspend an order
made under that subsection for a specified period and impose conditions
relating to the keeping of the dog and may at or before the expiry of that
period cancel the order under subsection (3) if it is satisfied that the
dog will be kept without the likelihood of any contravention of this Act.
(4) If an application
is not made under subsection (1) within the time fixed for the making of
the application the local government may apply to a Justice of the Peace for
an order authorising the seizure of the dog and where the Justice is satisfied
that the applicant or the registered owner, as the case may be, of the dog has
been given proper notice of the reason for the decision but has not applied
for a review of the decision, the Justice may make an order for the seizure of
the dog.
(5) If an application
is made under subsection (1) but the proceeding on the application in the
State Administrative Tribunal is withdrawn, dismissed or struck out under
section 46, 47 or 48 of the State Administrative Tribunal Act 2004 ,
a Justice of the Peace may, on the application of the local government, make
an order for the seizure of the dog.
(6) If an order for
the seizure of the dog is made under subsection (4) or (5), the local
government may cause the dog to be seized and detained or destroyed or
otherwise disposed of as though it had been found in a place in contravention
of section 31, 32 or 33A and had not been claimed.
[Section 17 amended by No. 23 of 1987
s. 16; No. 14 of 1996 s. 4; No. 55 of 2004 s. 255.]