Section 41 Companion Animals Act 1998 | Dangerous Dog Appeals to Local Court


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Section 41 of the Companion Animals Act 1998 is Dangerous Dog Appeals to Local Court and is extracted below.

For expert advice and outstanding representation from Australia’s leading Companion Animals Act lawyers, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence lawyers help you.

The Legislation

41 Appeal to Local Court

(1) The owner of a dog can appeal to the Local Court:
(a) against the declaration by an authorised officer of a council that the dog is dangerous, or
(b) against a refusal by a council to revoke a declaration that the dog is dangerous.

(2) An appeal can only be made within 28 days after the date the owner of the dog:
(a) is given notice by the authorised officer under section 38 that the officer has made the declaration, or
(b) is given notice by the council under section 39 that it has refused to revoke the declaration.

(3) The fact that an appeal is pending does not affect the dog’s status as a dangerous dog and does not affect the appellant’s obligations under this Act as the owner of a dangerous dog, unless the Court otherwise orders.

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