DOG ACT 1976 - SECT 17
DOG ACT 1976 - SECT 17
17 . Refusal or cancellation of registration
(1) Where a local
government refuses to effect or renew the registration of a dog, or cancels a
registration or gives a written notice under section 17A(2), the applicant or
the registered owner or owner of the dog, 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 or owner of the dog, 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State Administrative Tribunal is withdrawn, dismissed or struck out under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: No. 23 of 1987 s. 16; No. 14
of 1996 s. 4; No. 55 of 2004 s. 255; No. 18 of 2013 s. 18.]