Section 37 – 38 Companion Animals Act 1998 | Dangerous Dog Letters of Objection


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The Legislation

Section 37 – 38 of the Companion Animals Act 1998 is Dangerous Dog Letters of Objection and is extracted below.

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37 Authorised officer must consider dog owner’s objections

(1) The owner has 7 days after the date the notice is given in which to object to the proposed declaration.

(2) If the owner does not object within that time, the authorised officer can proceed to make the declaration after the 7 days have passed.

(3) If the owner does object within that time, the authorised officer must first consider the objection before proceeding to make the declaration.

(4) A reference in this section to the authorised officer is a reference to any authorised officer of the council and is not limited to the authorised officer who gave the notice.

38 Authorised officer to notify dog owner of decision and consequences

(1) An authorised officer of a council must give notice to the owner of a dog when the authorised officer declares the dog to be dangerous or decides not to declare the dog to be dangerous.
The notice must be given within 7 days after the declaration or decision is made.

(2) A notice that a dog has been declared dangerous must set out:
(a) the requirements imposed on the owner by this Part and the date or dates by which the owner must comply with those requirements, and
(b) the owner’s right under section 41 to appeal to the Local Court against the declaration, and
(c) the fact that the dog may, under section 58G, be seized and destroyed if the dog attacks or bites a person or animal without provocation or if the requirements imposed on the owner under section 51 (1) (c), (c1) or (e) are not complied with on 2 separate occasions over any period of 12 months (whether or not each occasion relates to the same requirement).

(3) A declaration has effect from the date specified in the notice or the date on which notice is given, whichever is the later.