Victorian Current Acts

DOMESTIC ANIMALS ACT 1994 - SECT 84TA

    (1)     Subject to subsection (6), a Council may destroy a dog seized under this Part if—

S. 84TA(1)(a) amended by No. 69/2017 s. 79(a).

        (a)     the Council authorised officer of the Council who seized the dog held the reasonable belief at the time of the seizure that the owner of the dog would be guilty of an offence under section 24 or 26; and

        (b)     the dog is unregistered and the owner is not able to be identified from—

              (i)     a marker attached to, or a device implanted in, the dog's body; or

              (ii)     any information received by the Council that is sufficient to enable identification of the owner; and

S. 84TA(1)(c) amended by No. 69/2017 s. 79(b).

        (c)     a Council authorised officer of the Council, at or after the time of the seizure of the dog, reasonably believes that the behaviour of the dog has resulted, or is likely to result, if the dog were at large, in the commission of an offence under section 29.

    (2)     In forming the reasonable belief referred to in subsection (1)(c), the authorised officer must have regard to any guidelines or practice notes approved by the Minister for the purposes of this section.

    (3)     The authorised officer who holds the belief referred to in subsection (1)(c) must record, as soon as is practicable but no longer than 24 hours after the seizure of the dog, in respect of the seized dog each of the matters set out in subsection (1) including the reasons for holding that belief and the reasons for the holding of the belief referred to in subsection (1)(a).

    (4)     The Council must decide whether or not to destroy the dog under subsection (1) within 48 hours after the record under subsection (3) is made.

    (5)     A Council that decides to destroy a dog under this section must record the time and date of that decision.

    (6)     A dog may be destroyed under subsection (1) as soon as possible after an authorised officer makes a record under subsection (3) but no earlier than 48 hours after that record is made.

    (7)     This section does not limit any other powers to destroy a dog under this Division.

    (8)     Divisions 4 and 5 of this Part do not apply to a person acting in accordance with this section.

    (9)     If the Council decides not to destroy a dog under subsection (1)—

        (a)     section 84H(3) is to be read as if the reference to "4 days" were a reference to "7 days"; and

        (b)     section 84M(1) is to be read as if a reference to "8 days" were a reference to "11 days".

S. 84TB inserted by No. 44/2010 s. 23.