DOG ACT 1976 - SECT 33F

DOG ACT 1976 - SECT 33F

33F .         Owner to be notified of making of declaration

        (1)         The local government, or the person by whom the declaration was made on behalf of the local government, must give written notice declaring a dog to be a dangerous dog (declared) to the owner of that dog.

        (2)         A notice to be given under subsection (1) —

            (a)         shall give reasons for the making of the declaration; and

            (b)         shall specify that the owner has a right under this Division, to be exercised within not more than 7 days after the giving of the notice, either —

                  (i)         to lodge a written objection with the local government, with a subsequent right to apply to the State Administrative Tribunal for a review of the decision made by the local government on the objection; or

                  (ii)         to apply directly to the State Administrative Tribunal for a review,

                as to the declaration.

        (3)         Whether or not an objection is lodged or application for review is made, the declaration of a dog as a dangerous dog (declared) has effect 7 days after the giving of a notice under subsection (1).

        [(4), (5)         deleted]

        (6)         Where an objection is lodged with a local government in accordance with subsection (2)(b)(i) the local government shall consider it and —

            (a)         if the local government dismisses the objection, the owner may, within 7 days after the giving of a notice by the local government as to the dismissal of the objection, apply to the State Administrative Tribunal for a review of the decision; or

            (b)         if the local government has not given notice to the owner stating that the objection has been considered, and setting out its determination on the objection, within 35 days after the giving under subsection (1) of the notice of the making of the declaration, the owner may, within 42 days after the giving of the notice under subsection (1) , apply to the State Administrative Tribunal for a review of the decision to which the owner objected.

        (7)         Where a local government gives notice of the dismissal of an objection under this section, that notice must set out the reason for the dismissal of the objection.

        [Section 33F inserted: No. 24 of 1996 s. 10; amended: No. 10 of 1998 s. 29(1); No. 55 of 2004 s. 260 and 268; No. 18 of 2013 s. 35.]