Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The local
government of the district in which the dog is at that time ordinarily kept
may, of its own motion or, subject to subsection (4), on the application
of the owner of the dog, revoke —
(a) a
notice under section 33F —
(i)
declaring a dog to be a dangerous dog; or
(ii)
imposing control requirements;
or
(b) a
notice under section 33G proposing to cause a dog to be destroyed,
if the local
government is satisfied that the dog can be kept without the likelihood of any
contravention of this Act.
(2) The local
government may, before dealing with any application under subsection (1),
require the owner of the dog to which the relevant notice relates, or a person
to whom ownership, possession or control of the dog has passed, to attend with
the dog a course in behaviour and training approved by the local government,
or otherwise to demonstrate a change in the behaviour of the dog.
(3) The local
government must, as soon as is practicable, give notice in writing to the
owner of the dog —
(a) of
the revoking of a notice, declaration or proposal under subsection (1);
or
(b) if
the owner has sought such a revocation, of any refusal so to revoke and of the
reasons for the making of the decision.
(4) A person who was
the owner of a dog at the time the relevant notice was given shall not be
entitled to make an application under subsection (1)(a)
until —
(a) any
objection or application for review in respect of the notice sought to be
revoked has been determined; or
(b) one
year has elapsed since the giving of that notice, or since any preceding
application under subsection (1) was determined.
(5) Where an
application is lodged with a local government under subsection (1) the
local government shall consider it and —
(a) if
the local government dismisses the application, the owner may, within
7 days after the giving of a notice by the local government as to the
dismissal of the application, 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 application has been considered, and setting out its determination on the
objection, within 35 days after the lodging of the application under
subsection (1), the owner may, within 42 days after the lodging of
the application under subsection (1), apply to the State Administrative
Tribunal for a review of the decision on the application as if the application
had been dismissed.
[Section 33H inserted by No. 24 of 1996
s. 10; amended by No. 10 of 1998 s. 29(1); No. 55 of 2004
s. 262.]