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DOG ACT 1976 - SECT 44

DOG ACT 1976 - SECT 44

44 .         Enforcement proceedings

        [(1)         deleted]

        (2)         Any proceedings under this Act, whether civil or penal, may be taken —

            (a)         by any police officer, in the name of the Crown; or

            (b)         by any employee of a local government authorised in that behalf by the local government, in the name of the local government; or

            (c)         by any person aggrieved.

        (3)         Where proceedings under this Act are taken by an employee of a local government no proof shall be required of the appointment of that employee as an employee of the local government or of his authority to take the proceedings, but the averment on the process that the person is so authorised shall be deemed to be sufficient proof of the fact.

        (4)         Despite subsection (2), a prosecution of an offence against section 33GA(10) can be commenced only by a police officer.

        (5)         Subsections (2) and (4) do not limit the functions of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1991 section 11.

        [Section 44 amended: No. 14 of 1996 s. 4; No. 59 of 2004 s. 141; No. 18 of 2013 s. 50.]