DOG ACT 1976 - SECT 33E

DOG ACT 1976 - SECT 33E

33E .         Individual dog may be declared to be dangerous dog (declared)

        (1)         A local government, or on behalf of the local government an authorised person or person specifically authorised by the local government for the purposes of this section either generally or in a particular case, may, by a notice in writing given in accordance with section 33F, declare an individual dog to be a dangerous dog (declared) if, in the opinion of the local government or that person —

            (a)         the dog has caused injury or damage by an attack on, or chasing, a person, animal or vehicle; or

            (b)         the dog has, repeatedly, shown a tendency —

                  (i)         to attack, or chase, a person, animal or vehicle even though no injury has been caused by that behaviour; or

                  (ii)         to threaten to attack;

                or

            (c)         the behaviour of the dog meets other criteria prescribed for the purpose of this section.

        (2)         For the purpose of subsection (1)(b), a dog to which section 30(3) applies shall not be taken to show a tendency to attack, or chase, in carrying out the activities referred to in section 30(3) in relation to a dog of that kind.

        (3)         The owner of a dog declared to be a dangerous dog (declared), or detained under this Division, shall have the rights referred to in this Division to object and to apply for a review.

        [Section 33E inserted: No. 24 of 1996 s. 10; amended: No. 10 of 1998 s. 29(1); No. 55 of 2004 s. 259; No. 18 of 2013 s. 34.]