Section 36 Companion Animals Act 1998 | Dangerous Dog Obligations


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The Legislation

Section 36 of the Companion Animals Act 1998 is Dangerous Dog Obligations and is extracted below.

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36 Obligations of owner when notified of proposed dangerous dog declaration

(1) If a notice is given under section 35 to the owner of a dog of an authorised officer’s intention to declare the dog to be dangerous, the owner must:
(a) ensure that at all times when the dog is away from the property where it is ordinarily kept:
(i) it is under the effective control of some competent person by means of an adequate chain, cord or leash that is attached to the dog and is held by (or secured to) the person, and
(ii) it has a muzzle securely fixed on its mouth in such a manner as will prevent it from biting any person or animal, and
(b) register the dog (if it is not already registered) within 7 days after receiving the notice. Registration of a dog requires the dog to be microchipped.
Maximum penalty: 50 penalty units.

(2) Subsection (1) (a) only applies in respect of a dog:
(a) for 28 days after the notice is given to the dog’s owner, or
(b) until the authorised officer notifies the owner that the officer has made the proposed declaration or has decided not to make it,
whichever happens first.

(3) An authorised officer may seize a dog that is the subject of a proposed declaration if:
(a) the officer is satisfied that:
(i) the requirements of subsection (1) (a) have not been complied with in relation to the dog, or
(ii) the dog is not confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, or
(b) the dog has not been registered as required by subsection (1) (b).

(3A) An authorised officer may seize a dog under subsection (3) (a) only during the period when subsection (1) (a) applies in respect of the dog.

(4) If a dog is seized under subsection (3), Part 7 applies in respect of the dog, except that a claim for the dog cannot be made under section 64 unless an authorised officer is satisfied that:
(a) the requirements of subsection (1) (a) are capable of being complied with in relation to the dog, and
(a1) the dog is reasonably capable of being confined, tethered or restrained in such a way as to prevent the dog attacking or chasing a person lawfully at the property where the dog is ordinarily kept, and
(b) the dog has been registered.

(5) For the purposes of subsection (1) (a) (i), a dog is not considered to be under the effective control of a person if the person has more than 2 dogs (one of which is the dog the subject of the proposed declaration) under his or her control at the one time.