New South Wales Consolidated Acts

COMPANION ANIMALS ACT 1998 - SECT 58C

58C Authorised officer may declare dog to be restricted dog

(1) Declaration by council If a notice of intention to declare a dog to be a restricted dog is given under section 58A to the owner of the dog, the authorised officer who gave the notice (or any other authorised officer of the council) may, after the period of 28 days following the giving of the notice, declare the dog to be a restricted dog. It does not matter if the dog is ordinarily kept in another council's area.

(2) Certification in relation to dog's breed or temperament may be provided An authorised officer of a council is not to declare the dog to be a restricted dog if, within the period of 28 days following the giving of the notice under section 58A, the owner of the dog--

(a) provides the authorised officer with a written statement by an approved breed assessor to the effect that the dog--

(i) is not of a breed or kind of dog referred to in section 55 (1) (a)-(d1), and

(ii) is not a cross-breed of any such breed or kind of dog, or

(b) provides the authorised officer with--

(i) a written statement by an approved breed assessor to the effect that the dog is not of a breed or kind of dog referred to in section 55 (1) (a)-(d1) but is a cross-breed of any such breed or kind of dog, and

(ii) a written statement by an approved temperament assessor to the effect that the dog is not a danger to the public and is not likely, without provocation, to attack or bite any person or animal.

(3) Without limiting the form in which a written statement by an approved breed assessor may be in for the purposes of subsection (2), any such written statement may be in the form of, or comprise, a certificate that is of a kind or description prescribed by the regulations.

(4) The owner of a dog that is the subject of a proposed declaration under this section--

(a) cannot, despite any other provision of this Act, rely on or produce, any evidence with respect to the dog's breed or temperament (including any information entered on the Register as to the dog's breed) apart from a written statement as referred to in this section, and

(b) is liable to pay for any costs associated with obtaining a written statement from an approved breed assessor or approved temperament assessor for the purposes of this section.

(5) An authorised officer of a council may, in any particular case, extend the 28-day period referred to in subsection (2) for a further period because of extenuating circumstances.

(6) Any written statement provided by an approved breed assessor or approved temperament assessor for the purposes of this section may not be challenged, reviewed, quashed or called into question on any grounds before any court or tribunal in any legal proceedings.