Victorian Current Acts

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DOMESTIC ANIMALS ACT 1994 - SECT 84X

Power of Court to order payment of costs and disposal of dogs or cats

    (1)     If the owner of a dog or cat is found guilty of an offence in a proceeding commenced under section 84Q, the Magistrates' Court may make any one or more of the following orders—

        (a)     in the case of an offence referred to in section 84Q(2)(d), that the dog or cat be sold or destroyed;

S. 84X(1)(b) amended by No. 75/2011 s. 18(1).

        (b)     in the case of an offence referred to in section 84Q(2)(a), (b) or (c), that the dog be destroyed;

S. 84X(1)(ba) inserted by No. 75/2011 s. 18(2), amended by No. 69/2017 s. 88(1).

        (ba)     in the case of an offence referred to in section 84Q(2)(ba) or (bb) or (2B), that the dog or cat be given to a person or body to whom the dog or cat may be given under an agreement under section 84Y(ca) or (cb);

S. 84X(1)(c) amended by No. 44/2010 s. 25(1).

        (c)     if the dog or cat has been seized by the Council, that the owner pay the amount fixed by the Council for the reasonable costs and expenses incurred by the Council during any period (until the outcome of the proceeding) for which the Council has had the custody of the animal;

S. 84X(1)(d) inserted by No. 44/2010 s. 25(2).

        (d)     in the case of an offence involving a dog, that the owner attend a training course relating to responsible dog ownership, which is approved by the Minister for the purposes of this section;

S. 84X(1)(e) inserted by No. 44/2010 s. 25(2), substituted by No. 69/2017 s. 88(2).

        (e)     in the case of an offence involving a dog, that the owner and the dog attend dog obedience training provided by or on behalf of an approved dog obedience training organisation.

    (2)     If the Magistrates' Court has found that the owner has not complied with an order under section 84W, the Magistrates' Court may (in addition to any power the Court has to make orders under the Magistrates' Court Act 1989 ) make either or both of the following orders—

        (a)     order that the dog or cat be sold or destroyed;

        (b)     if the dog or cat has been seized by the Council, that the owner pay the reasonable costs and expenses incurred by the Council for any period (until the outcome of the proceeding) for which the Council has had the custody of the animal.

Pt 7A Div. 7A (Heading and ss 84XA–84XH) inserted by No. 8/2014 s. 25.

Division 7A—Disqualification of person from owning or being in charge or control of a dog

S. 84XA inserted by No. 8/2014 s. 25.



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