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DOG ACT 1976 - SECT 33H

DOG ACT 1976 - SECT 33H

33H .         Local government may revoke declaration or proposal to destroy

        (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(1) declaring a dog to be a dangerous dog (declared); 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 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: No. 24 of 1996 s. 10; amended: No. 10 of 1998 s. 29(1); No. 55 of 2004 s. 262; No. 18 of 2013 s. 38.]