Victorian Current Acts

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DOMESTIC ANIMALS ACT 1994 - SECT 84TC

Destruction of declared dangerous dog found at large

    (1)     Subject to subsection (6), the Council may destroy a dangerous dog if—

        (a)     the dog was declared under section 34(1)(a) as a dangerous dog; and

S. 84TC(1)(b) amended by No. 69/2017 s. 81.

        (b)     a Council authorised officer of the Council has seized the dog in the reasonable belief that the owner of the dog would be guilty of an offence under section 24 or 26.

    (2)     Despite subsection (1), the Council may not destroy a dangerous dog seized in the circumstances described in that subsection if the authorised officer has formed a reasonable belief that the alleged offence has been caused by the act or omission of a person who is not the owner of the dog.

    (3)     An authorised officer who seizes a dog in the circumstances described in subsection (1) must record, as soon as is practicable but no longer than 24 hours after the seizure of the dog—

        (a)     each of the matters set out in subsection (1), including the reason for holding the reasonable belief referred to in subsection (1)(b); and

        (b)     if applicable, the reason for holding the reasonable belief referred to in subsection (2).

    (4)     The Council must decide whether or not to destroy the dog under subsection (1) within 24 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 24 hours after that record is made.

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

Note

There are other powers of destruction under Division 6 of Part 7A that may still apply to a dangerous dog that has been seized because an authorised officer has the reasonable belief that the owner of the dog would be guilty of an offence under section 24 or 26.

    (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 "6 days"; and

        (b)     section 84M(1) is to be read as if a reference to "8 days" were a reference to "10 days".

S. 84TD (Heading) substituted by No. 69/2017 s. 82(1).

S. 84TD inserted by No. 75/2011 s. 15, amended by No. 69/2017 s. 82(2).



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