Victorian Current Acts

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Council may declare a dog to be dangerous

    (1)     A Council may declare a dog to be a dangerous dog

S. 34(1)(a) amended by Nos 87/2000 s. 15(a), 65/2007 s. 14(1).

        (a)     if the dog has caused the death of or serious injury to a person or animal by biting or attacking that person or animal; or

S. 34(1)(b) substituted by No. 87/2000 s. 15(b).

        (b)     if the dog is a menacing dog and its owner has received at least 2 infringement notices in respect of the offence in section 41E; or

S. 34(1)(c) amended by No. 69/2004 s. 24(1).

        (c)     if the dog has been declared a dangerous dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division; or

S. 34(1)(ca) inserted by No. 44/2010 s. 11.

        (ca)     if there has been a finding of guilt or the serving of an infringement notice (which has not been withdrawn and the penalty has been paid under the Infringements Act 2006 ) in respect of 2 or more offences under section 29(5), (6), (7) or (8) in respect of the dog; or

        (d)     for any other reason prescribed.

    (2)     The Council must not make a declaration under subsection (1)(a) if the incident occurred—

        (a)     because the dog was being teased, abused or assaulted; or

        (b)     in the case of injury to a person, because the person was trespassing on the premises on which the dog was kept; or

        (c)     in the case of injury to another animal, because the animal was on the premises on which the dog was kept; or

        (d)     because another person known to the dog was being attacked in front of the dog; or

        (e)     as part of a hunt in which the dog was taking part and which was conducted in accordance with the Prevention of Cruelty to Animals Act 1986 .

S. 34(3) repealed by No. 65/2007 s. 14(2).

    *     *     *     *     *

S. 34(4) inserted by No. 69/2004 s. 24(2).

    (4)     A declaration under this section—

        (a)     has effect throughout Victoria; and

        (b)     cannot be revoked, amended or otherwise altered.

S. 34A inserted by No. 87/2000 s. 16.

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