Section 57D of the Companion Animals Act 1998 is Seizure and Destruction of Restricted Dog 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.
57D Declared restricted dogs may be seized and destroyed after transition period
(1) This section applies to any dog that becomes, any time after the transition period, a restricted dog because of a declaration by an authorised officer of a council under Division 6 of this Part.
(2) However, this section does not apply to any such dog if:
(a) the dog was, before the relevant date, registered under this Act (or a corresponding Act of another State or Territory) otherwise than as a breed or kind of dog referred to in section 55 (1) (a)-(d1) or as a cross-breed of any such breed or kind of dog, and
(b) no person has been convicted, whether before or after the relevant date, of an offence under section 16 (1) (or a similar offence under a corresponding Act of another State or Territory) as a result of the dog rushing at, attacking, biting, harassing or chasing any person or animal.
(3) An authorised officer may seize a dog to which this section applies. The officer may do so regardless of whether the requirements of section 56 have been, or are capable of being, complied with in relation to the dog.
(4) If a dog is seized under subsection (3):
(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.
(5) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (3).