Section 58G Companion Animals Act 1998 | Power to Seize and Destroy Dangerous or Restricted Dogs


Print

Section 58G of the Companion Animals Act 1998 is Power to Seize and Destroy Dangerous or Restricted Dogs 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

58G Power to seize and destroy dangerous or restricted dog in certain circumstances

(1) Seizing dangerous or restricted dog that attacks An authorised officer may seize a dangerous or restricted dog if the dog attacks or bites a person or animal (other than vermin) without provocation.

(1A) Seizing dangerous dog if certain control requirements not complied with An authorised officer may seize a dangerous dog if the requirements referred to in section 51 (1) (c), (c1) or (e) are not complied with in relation to the dog on at least 2 separate occasions over any period of 12 months (whether or not each occasion relates to the same requirement). See section 57 (4) for the power to seize a restricted dog for non-compliance with any of the control requirements under section 56.

(2) If a dog is seized under this section:
(a) the dog is to be delivered as soon as possible to a council pound, and
(b) an authorised officer of a council may authorise the destruction of the dog.

(3) However, if the dog has been seized under subsection (1A), the authorised officer may authorise the destruction of the dog only if the officer is satisfied that it is reasonable to do so after appropriate enquiries have been made into the circumstances that resulted in the dog being seized.

(4) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under this section.

(5) This section does not limit the power of an authorised officer to seize a dangerous or restricted dog under any other provision of this Act.

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.