Section 57 of the Companion Animals Act 1998 is Seizure of Restricted Dogs if Control Orders Breached 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.
57 Restricted dog may be seized if control requirements not complied with
(1) Seizure during transition period An authorised officer may, during the transition period, seize a restricted dog if the officer is satisfied that any of the requirements of section 56 have not been complied with in relation to the dog.
(2) If a dog is seized under subsection (1), Part 7 applies in relation to the dog.
(3) However, a claim for the dog may be made under section 64 only if an authorised officer of the council of the area in which the dog is ordinarily kept is satisfied that each of the requirements of section 56 is capable of being complied with in relation to the dog.
(4) Seizure after transition period If, after the transition period, an authorised officer of a council is satisfied that any of the requirements of section 56 have not been complied with in relation to a restricted dog, the authorised officer may seize the dog.
(5) If a dog is seized under subsection (4):
(a) the dog is to be delivered as soon as possible to a council pound, and
(b) the council or the pound operator, as the case requires, may destroy the dog.
(6) Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (4).