Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where an
authorised person or a police officer has reasonable grounds to believe that
an attack by a dangerous dog has occurred, whether or not a warrant has been
applied for under section 29(5a), that authorised person or police
officer may, if he has reasonable grounds to believe it is necessary to do so,
enter onto or into any premises and there seize the dog and thereafter the dog
may be detained under section 29(3).
(2) On the dog being
so detained pursuant to subsection (1) the local government or an
authorised person must give notice in writing, in addition to any notice
required by section 29, to the owner of the dog —
(a)
informing the owner of the seizure and of the place where the dog is detained;
(b)
giving reasons for the seizure;
(c)
stating that, whether or not the dog is claimed, the local government proposes
to cause the dog to be destroyed, at a time specified not earlier, unless the
owner otherwise consents, than 10 days after the giving of the notice;
and
(d)
specifying 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,
where, and as soon as,
that is practicable.
(3) The local
government shall cause a dog seized under this section to be detained until
any objection which is received has been considered, the time for making an
application to the State Administrative Tribunal for a review has passed, and
if an application is made that application has been determined.
(4) Where an objection
is lodged with a local government in accordance with subsection (2)(d)(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 (2) of
the notice of the seizure of the dog, the owner may, within 42 days after
the giving of that notice under subsection (2), apply to the State
Administrative Tribunal for a review of the decision to which the owner
objected.
(5) 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.
(6)
Where —
(a) an
objection lodged with a local government in accordance with
subsection (2)(d)(i) is dismissed and —
(i)
no application for review is made to the State
Administrative Tribunal;
(ii)
an application for review is made but the applicant
discontinues the application; or
(iii)
the State Administrative Tribunal makes an order
dismissing the application for want of prosecution;
or
(b) an
application is made under this section to the State Administrative Tribunal
for a review and the State Administrative Tribunal affirms the proposal to
cause the dog to be destroyed,
an authorised person,
or a person specifically authorised by the State Administrative Tribunal, may
destroy the dog concerned.
[Section 33G inserted by No. 24 of 1996
s. 10; amended by No. 10 of 1998 s. 29(1); No. 55 of 2004
s. 261 and 268; No. 8 of 2009 s. 47(2).]