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


Print

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

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.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.