New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 39

39 Council can revoke declaration

(1) The owner of a dog that has been declared a dangerous dog or a menacing dog under this Division can apply to the council of the area in which the dog is ordinarily kept (whether or not it is the council whose authorised officer made the declaration) for the declaration to be revoked.

(1A) An application under subsection (1) cannot be made until after the period of 12 months following the date on which the dog was declared to be a dangerous dog or a menacing dog.

(2) The council to which the application is made may revoke the declaration but only if satisfied that--

(a) it is appropriate to do so, and

(b) if the council determines that it is necessary--the dog has undergone appropriate behavioural training.

(2A) In making a determination under subsection (2) (a) in relation to a menacing dog declaration, the council is to have regard to the nature and extent of any behavioural training that the dog has undergone.

(3) The council must, as soon as practicable, give notice to the owner of the dog that the declaration has been revoked or that the council has refused to revoke the declaration.