Victorian Current Acts

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DOMESTIC ANIMALS ACT 1994 - SECT 98A

Power of authorised officers to make declarations as to breed of dogs

S. 98A(1) amended by No. 69/2017 s. 95(1).

    (1)     If a Council authorised officer is of the opinion that a dog is a restricted breed dog, the authorised officer may make a declaration to the effect that the dog is a restricted breed dog.

S. 98A(2) inserted by No. 103/2003 s. 26, repealed by No. 69/2017 s. 95(2).

    *     *     *     *     *

S. 98A(3) inserted by No. 69/2004 s. 34.

    (3)     A declaration under this section—

        (a)     has effect throughout Victoria; and

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

S. 98A(4) inserted by No. 8/2014 s. 29.

    (4)     If a declaration is made under subsection (1) to the effect that a dog is a restricted breed dog, then for the purposes of any proceedings under this Act, including a proceeding in the Tribunal, it is presumed, in the absence of evidence to the contrary, that the dog is a restricted breed dog if at the time of the making of the declaration—

        (a)     the authorised officer who made the declaration had completed a course of training for the purposes of making declarations under this section that had been approved by the Minister; and

        (b)     the Minister's approval of the course of training had been published in the Government Gazette.

S. 98B inserted by No. 83/2001 s. 23.



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