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DOMESTIC ANIMALS ACT 1994 - SECT 84N

Recovery of dog believed to be a restricted breed dog

    (1)     A person may recover a dog that was seized under this Part by an authorised officer in the reasonable belief that the dog was a restricted breed dog if—

S. 84N(1)(a) amended by No. 44/2010 s. 21, substituted by No. 44/2017 s. 16(1).

        (a)     the person has been served with a declaration under section 98A and—

              (i)     the person has not applied for a review of that declaration within the time fixed under section 98(2A); or

              (ii)     the person has applied for a review of that declaration within the time fixed under section 98(2A) and—

    (A)     the declaration has been affirmed by the Victorian Civil and Administrative Tribunal; or

    (B)     the application for the review has been withdrawn, dismissed or struck out for want of prosecution; and

        (b)     the dog is able to be registered or have its registration renewed by the Council under this Act; and

        (c)     the Council does not require custody of the dog until the outcome of any prosecution that it proposes to take against the owner for an alleged commission of an offence relating to the dog under this Act or the regulations; and

        (d)     the person pays the amount fixed by the Council or charged by the person or body retaining custody of the dog for the reasonable costs and expenses incurred by the Council, person or body in seizing the dog and retaining custody of it until its recovery; and

        (e)     the person proves to the satisfaction of the Council or person or body that he or she is the owner of the dog or the agent of the owner; and

        (f)     the owner has complied with the requirements of this Act or the regulations placed on the owner with respect to that dog.

Note to s. 84N(1) substituted by No. 44/2017 s. 16(2).

Note

Under sections 10A(4) and 10C(6), a Council cannot register a restricted breed dog unless the dog is desexed (subject to the exception under section 10B(1)(e)) and the dog has been implanted with a prescribed permanent identification device.

S. 84N(2) amended by No. 44/2010 s. 21, substituted by No. 44/2017 s. 16(3).

    (2)     A person may recover a dog under subsection (1)—

        (a)     if the person has not applied for a review of the declaration within the time fixed under section 98(2A), within 8 days after the expiry of the time fixed under section 98(2A); or

        (b)     if the person has applied for a review of the declaration within the time fixed under section 98(2A), within 8 days after whichever of the following applies—

              (i)     the declaration is affirmed by the Victorian Civil and Administrative Tribunal;

              (ii)     the application for the review is withdrawn, dismissed or struck out for want of prosecution.

    (3)     A person may recover a dog that was seized under this Part by an authorised officer in the reasonable belief that the dog was a restricted breed dog

        (a)     if—

              (i)     within 7 days after the seizure, the authorised officer does not serve a declaration made under section 98A on the owner of the dog; or

S. 84N(3)(a)(ii) amended by No. 44/2010 s. 21.

              (ii)     such a declaration is served on the owner and it has been set aside by a review by the Victorian Civil and Administrative Tribunal; and

        (b)     if the Council does not require custody of the dog until the outcome of any prosecution that it proposes to take against the owner for an alleged commission of an offence relating to the dog under this Act or the regulations; and

        (c)     if the person proves to the satisfaction of the Council or person or body retaining custody of the dog that he or she is the owner of the dog or the agent of the owner; and

        (d)     the owner has complied with the requirements of this Act or the regulations placed on the owner with respect to the dog.

Note

Under section 10A the dog may have to be desexed in order to be registered under this Act and under section 10C the dog may have to be implanted with a prescribed permanent identification device to be registered under this Act.

    (4)     A person who recovers a dog under subsection (3) is not liable to pay, and the Council, person or body must not fix, any amount for the costs and expenses incurred by the Council, person or body in seizing the dog and retaining custody of it until its recovery.

Division 6—Disposal of seized dogs or cats

S. 84O inserted by No. 65/2007 s. 29.



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