Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A local government
shall, in writing, appoint persons to exercise on behalf of the local
government the powers conferred on an authorised person by this Act.
(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;
(b) a
dog is, or is deemed under section 17(6) to have been found, in a place
in apparent contravention of section 31, 32 or 33A; 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 under this Act,
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 (unless section 33G(1) applies) than a building
or part of a building that is used for residential purposes.
(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 has or may
have caused injury or damage, a Justice of the Peace may issue a warrant
authorising any authorised person to seize the dog and —
(a) if
the dog is a dangerous dog, 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 pound maintained by a local government or at premises
maintained by a prescribed body, or in any other suitable premises.
(7) An officer of a
prescribed body who is authorised by that body for the purpose may receive and
keep dogs in any premises maintained by that body for the care of dogs 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 the owner is otherwise readily
identifiable, the authorised person causing it to be detained shall also cause
notice to be given to the owner in the prescribed manner and form as soon as
is practicable; and
(b) the
dog shall be kept and maintained for a period of at least 72 hours next
following —
(i)
where notice is given under paragraph (a) the giving
of that notice; or
(ii)
where no such notice is required to be given, 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 7 days
after the detention commenced no application has been made for an order for
the destruction of the dog —
(a) if
the dog is wearing a registration tag or the owner is otherwise readily
identifiable, an authorised person shall cause notice to be given to the owner
in the prescribed manner and form as soon as is practicable after the
expiration of that period of 7 days;
(b) the
dog shall be kept and maintained for a period of at least 72 hours next
following —
(i)
where notice is given under paragraph (a), the
giving of that notice; or
(ii)
where no such notice is required to be given, the
expiration of that period of 7 days,
but, subject to this
section, shall be delivered up to a person who produces satisfactory evidence
of ownership or of his authority to take delivery of it; and
(c) the
owner of the dog shall be liable to pay the reasonable cost of maintaining the
dog during any period after the expiration of the period of 72 hours
mentioned in paragraph (b) but otherwise the owner shall not be 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) and (c) apply in relation to the dog as if the
determination of the application were the expiration of the period of
7 days referred to in subsection (8a).
(8c)
Subsection (5) applies in relation to any moneys that the owner of a dog
is liable to pay under subsection (8a)(c), or under
subsection (8a)(c) 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,
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 registered veterinary surgeon, medical practitioner or environmental
health officer.
(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 by 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.]