DOG ACT 1976 - SECT 29

DOG ACT 1976 - SECT 29

29 .         Power to seize dogs

        [(1)         deleted]

        (1a)         A police officer may exercise any power conferred by this section on an authorised person.

        (2)         No proceedings, whether civil or penal, shall lie against —

            (a)         any person assisting an authorised person or a police officer, at his request and in accordance with his directions; or

            (b)         the owner or occupier of any premises for the time being used to detain a dog pursuant to this Act,

                in respect of any act, matter or thing done or omitted to be done in good faith for the purposes of carrying out the provisions of this Act.

        (3)         If it appears to an authorised person that —

            (a)         an attack by a dog has occurred; or

            (b)         an attack by a dog is likely to occur; or

            (ca)         a dog is in a place in contravention of section 31, 32 or 33A; or

            (cb)         an offence against section 26(4) or 27(2) is being committed in respect of a dog; or

            (cc)         an offence against Division 2 is being committed in respect of a dog; or

            (c)         a dog is a dangerous dog —

                  (i)         in relation to which moneys are due to the local government in respect of a charge determined under section 33M; or

                  (ii)         which is not registered as required under section 7,

                the authorised person may —

            (d)         seize and detain the dog; and

            (e)         if he is in pursuit of the dog for the purpose of seizing it and he has reasonable grounds to believe that it is necessary to do so for that purpose, enter any premises other than a dwelling unless section 33G(1) applies.

        (4A)         In relation to subsection (3)(cb), an authorised person may seize and detain only the number of dogs in excess of the limit imposed under —

            (a)         a local law mentioned in section 26(1); or

            (b)         an exemption granted under section 26(3); or

            (c)         section 26(4)(b) or (c); or

            (d)         a licence under section 27(2),

                as is applicable in the case.

        (4)         Where a dog is seized pursuant to subsection (3) the authorised person may —

            (a)         cause it to be returned to the owner; or

            (b)         detain it,

                and the owner shall be liable to pay to the local government detaining the dog, if so required by the local government and whether or not payable to the local government, before the dog is returned to the owner the reasonable cost of returning the dog or of maintaining it during the period of detention, or both where that is appropriate, together with any charges levied in relation to the seizure and impounding of the dog and any other fees or charges relating to that dog which ought to have been, but had not been, paid under this Act, including any penalties imposed on, or costs or expenses payable by, the owner in respect of an offence, whether or not the dog is returned to the owner.

        (5)         Any moneys due under this Act in relation to a dog for which the owner is liable may be recovered in any court of competent jurisdiction —

            (a)         by the person to whom they are due; or

            (b)         by the local government detaining the dog, (whether or not payable to that local government),

                as though they were a debt, and where any such moneys are so recovered by a local government they shall be disbursed by that local government to the persons or authorities entitled thereto.

        (5a)         If he is satisfied on the balance of probabilities that an attack by a dog (the attack dog ) has or may have caused injury or damage, or that a dangerous dog (restricted breed) has given birth to one or more pups, a Justice of the Peace may issue a warrant authorising any authorised person to seize the attack dog, or each pup, as is relevant to the case, and —

            (a)         if the attack dog is a dangerous dog, or in the case of a pup of a dangerous dog (restricted breed), detain and deal with it in accordance with section 33G; or

            (b)         otherwise, detain it pending the determination of an application under section 39.

        (5b)         Where a warrant under subsection (5a) is issued in respect of a dog an authorised person —

            (a)         may seize and detain the dog, and if section 33G(2) applies shall give the notice required by that subsection; and

            (b)         may enter any premises if he has reasonable grounds to believe that it is necessary to do so for the purpose of seizing the dog.

        (6)         Where a dog is seized under this section and is not forthwith returned to the owner it shall be detained in a dog management facility or in any other suitable premises.

        (7)         An officer of a body prescribed for the purposes of the definition of dog management facility in section 3(1) and who is authorised by that body for the purpose may receive and keep dogs in a dog management facility operated by that body and in respect to any such dog that officer has and may exercise all or any of the powers of an authorised person or a local government under this section including the powers of disposal and sale.

        (8)         Where a dog is detained under subsection (3) —

            (a)         if the dog is wearing a registration tag or is microchipped or the owner is otherwise readily identifiable, the authorised person causing it to be detained shall also cause notice to be given to the owner, or if the notice cannot be given to the owner to the owner’s delegate, if any, in the prescribed manner and form as soon as is practicable; and

            (b)         if the dog is wearing a registration tag or is microchipped or the owner is otherwise readily identifiable, the dog is to be kept and maintained for a period of at least 7 days next following the giving of the notice under paragraph (a); and

            (c)         if the dog is not readily identifiable, the dog is to be kept and maintained for a period of at least 72 hours next following the time the detention commenced,

                but, subject to this section, to the prior payment of any moneys required in accordance with subsection (4), to be paid to the local government detaining the dog, and to section 33G, or unless the dog is required to be detained as evidence of an offence, shall be delivered up to a person who produces satisfactory evidence of ownership or of his authority to take delivery of it.

        (8A)         Where a dog is detained under subsection (5b) and, at the expiration of the period of 7 days after the detention commenced (the detention period ), no application has been made for an order for the destruction of the dog —

            (a)         if the dog is wearing a registration tag or is microchipped or the owner is otherwise readily identifiable, an authorised person shall cause notice to be given to the owner, or if the notice cannot be given to the owner to the owner’s delegate, if any, in the prescribed manner and form as soon as is practicable after the expiration of the detention period; and

            (b)         if the dog is wearing a registration tag or is microchipped or the owner is otherwise readily identifiable, the dog is to be kept and maintained for a period of at least 7 days next following the giving of the notice under paragraph (a); and

            (c)         if the dog is not readily identifiable, the dog is to be kept and maintained for a period of at least 72 hours next following the expiration of the detention period; and

            (d)         subject to this section the dog is to be delivered up to a person who produces satisfactory evidence of ownership or of the person’s authority to take delivery of the dog; and

            (e)         the owner of the dog is liable to pay the reasonable cost of maintaining the dog during any period after the expiration of the period of 7 days mentioned in paragraph (b) or 72 hours mentioned in paragraph (c), as is applicable in the case, but otherwise the owner is not liable for any cost or charge in relation to the seizure, impounding, maintaining or return of the dog.

        (8b)         Notwithstanding section 40(1)(ea), where a dog is detained under subsection (5b) and, upon the determination of an application for an order for the destruction of the dog, the court does not make an order under section 40(1), subsection (8A)(a), (b), (c) and (e) apply in relation to the dog as if the determination of the application were the expiration of the detention period.

        (8c)         Subsection (5) applies in relation to any moneys that the owner of a dog is liable to pay under subsection (8A)(e), or under subsection (8A)(e) as applied by subsection (8b).

        (9)         In all cases where a dog seized under this section is returned to or claimed by the owner or a person on his behalf, the registration certificate for that dog may be required to be produced or, where the dog is not registered, that person may be required to register it before the dog is released.

        (10)         Where a dog has been seized and detained, whether or not under this section, and —

            (a)         the dog is not claimed; or

            (b)         the person in whose name the dog is registered declines to resume possession of the dog; or

            (c)         any moneys due in relation to the dog are not paid; or

            (d)         section 33G(6) applies; or

            (e)         an authorised person is satisfied that to deliver up the dog under subsection (8) or (8A) would create circumstances that give rise to an offence against this Act,

                an authorised person may cause the dog to be destroyed.

        (11)         A dog which is liable to be destroyed pursuant to subsection (10) may be disposed of by the local government or prescribed body or sold and the proceeds of the sale shall be the property of the local government or prescribed body detaining the dog and are not required to be accounted for to the owner.

        (12)         Where it is the opinion of an authorised person that a dog seized pursuant to this section is suffering from injury, disease or sickness to such an extent that it is impracticable to maintain the dog, or that any such disease is of a contagious or infectious kind, he may cause it to be destroyed upon the written authority of a veterinarian or a medical practitioner.

        (13)         Where an authorised person may seize a dog under subsection (3) but by reason of —

            (a)         the savagery of the dog; or

            (b)         repeated evasion of attempts at seizure; or

            (c)         other sufficient cause,

                it is, in the opinion of the authorised person, dangerous or impracticable to seize the dog, the dog may, subject to subsection (13a), be destroyed without being seized if —

            (d)         the assistance of the owner, or some other person likely to be able to control the dog is not reasonably available; and

            (e)         there is no other practicable way to enforce the provisions of this Act.

        (13a)         A dog may be destroyed under subsection (13) only —

            (a)         in a public place; or

            (b)         on premises that are not a public place if the occupier of those premises consents to the destruction.

        (14)         A local government or an authorised person may cause a dog to be destroyed at the request of the owner of that dog, whether or not the dog has been seized or detained.

        (15)         Where a dog is destroyed under this section, the owner is liable for the cost of both the destruction and the disposal of the dog.

        [Section 29 amended: No. 23 of 1987 s. 26; No. 14 of 1996 s. 4; No. 24 of 1996 s. 8; No. 57 of 1997 s. 49; No. 10 of 1998 s. 29(1); No. 55 of 2004 s. 258; No. 18 of 2013 s. 25; No. 19 of 2016 s. 132; No. 16 of 2019 s. 109; No. 19 of 2021 s. 230(8).]