DOG ACT 1976 - SECT 40

DOG ACT 1976 - SECT 40

40 .         Destruction of dogs etc.

        (1)         In relation to any application made for an order for the destruction of a dog or where in any proceedings the destruction of a dog may be ordered, the court or the State Administrative Tribunal, according to which of them is dealing with the proceedings, may —

            (a)         order the destruction; and

            (b)         provide that the order shall be remitted in specified circumstances; and

            (c)         order the seizure and detention of the dog, whether or not an order is made for the destruction of the dog; and

            (d)         make an order requiring that the dog be controlled, or be controlled in a specified manner; and

            (e)         make an order requiring that the dog be disposed of, or be disposed of in a specified manner; and

            (ea)         where the dog has been detained under section 29(5b) or an order is made under paragraph (c), make any order it thinks fit as to the payment of any cost, charge or fee of a kind referred to in section 29(4); and

            (f)         authorise a police officer or a person appointed by the local government to give effect to the order; and

            (g)         give all necessary directions to make the order effective.

        (2)         An order for the destruction of a dog shall state —

            (a)         to whom it is directed; and

            (b)         whether or not it may be remitted, and, if so, in what circumstances; and

            (c)         within what period it is to be put into effect.

        (3)         Where the destruction of a dog is ordered or authorised by this Act it shall be effected so far as is practicable without cruelty and by some speedy means.

        (4)         An order of the kind referred to in subsection (1) shall be implemented notwithstanding that the ownership of the dog has changed or is not known, or that the dog is no longer kept in the area for which the local government is the registration authority, unless on an application made to the court making the original order or the State Administrative Tribunal, as the case requires, that court or tribunal is satisfied that the changed circumstances are such that the order may be varied.

        (5)         A person who is ordered or authorised to destroy a dog is required to make provision for the disposal of the carcass.

        [Section 40 amended: No. 23 of 1987 s. 32; No. 14 of 1996 s. 4; No. 55 of 2004 s. 267.]