Western Australian Consolidated Acts Western Australian Consolidated Acts (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 to the owner of that dog, and may by that notice impose an order as to
control requirements in respect of the dog.
(2) A notice to be
given under subsection (1) —
(a)
shall give reasons for the making of the declaration;
(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
or as to any control requirement imposed, or as to both; and
(c) if
an order as to any control requirements is to be imposed on the owner, shall
set out —
(i)
the terms and conditions of that order; and
(ii)
the date, or respective dates, by which the owner must
comply with any such requirement.
(3) Whether or not any
objection is lodged or application for review is made, the declaration of a
dog as a dangerous dog has, subject to subsection (4) and to the terms
and conditions of the order as to control requirements imposed by that notice,
effect upon the giving of a notice under subsection (1) and
thereafter —
(a) the
owner is required, in accordance with section 33K(1), to ensure that any
other person liable for the control of the dog is made aware of the
declaration;
(b) any
person liable for the control of the dog shall cause the dog to be muzzled, in
such a manner as will prevent it from biting a person or animal, at all
times —
(i)
in any public place; and
(ii)
in such other circumstances as may be specified in the
order as to control requirements;
and
(c) if
so required by the order, a person liable for the control of the dog shall
ensure that the dog is kept —
(i)
on a leash or chain, by a person physically able to
control the dog, when in a dog exercise area and in such other circumstances
as may be specified; and
(ii)
under continuous supervision, by a person physically able
to control the dog, in such circumstances as may be specified.
(4) The terms and
conditions of an order as to control requirements, other than such as have
effect under subsection (3), shall have effect on such date, or
respective dates, as are specified in the notice given under
subsection (1) imposing the order unless an objection is lodged or an
application for review is made, in which case any such term or condition of
the order to which the objection or application for review relates shall not
have effect until the objection, and any relevant application, has been
determined.
(5) In making any
order imposing control requirements in respect of a dog the local government
or the person giving the notice on behalf of the local government may set out
any term or condition, of any kind, which is considered necessary to prevent,
or reduce the likelihood of, that dog attacking, including any requirement
referred to in subsection (3)(b)(ii) or (3)(c) or a
requirement —
(a) that
the dog be confined in, or excluded from, any area specified;
(b) that
any enclosure within which the dog is kept be constructed —
(i)
so as to restrict access by young children;
(ii)
so that the dog cannot escape from it; and
(iii)
so that it complies with any prescribed requirement;
(c) that
the owner ensure that at all times, or at such times as may be specified in
the order, the dog wears a distinctive collar or device, of a kind prescribed
or as approved by the local government, to warn people that the dog is
dangerous; or
(d) that
the owner ensure that at any entrance to premises where the dog is kept signs,
of a kind prescribed or as approved by the local government, are displayed to
warn people that a dangerous dog is kept there.
(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.
(8) The local
government of a district in which the dog is at that time ordinarily kept may,
by written notice to the owner of the dog, vary the terms and conditions of
any order as to control requirements which has been imposed, and any such
notice of variation shall be dealt with as though it were, and is subject to
the same provisions as to objection and review as, a notice given under
subsection (1).
(9) Where a dog is
declared to be a dangerous dog an authorised person may, at any reasonable
time, enter any premises other than a building or part of a building that is
used for residential purposes, being premises —
(a)
where the dog is ordinarily kept; or
(b)
which he has reasonable grounds to believe that it is necessary to enter for
the purpose of this section,
to ascertain whether
or not the owner has complied with the requirements imposed by or under this
section.
[Section 33F inserted by No. 24 of 1996
s. 10; amended by No. 10 of 1998 s. 29(1); No. 55 of 2004
s. 260 and 268.]