sec.127AADestruction of regulated dog or prohibited dog under destruction order

sec.127AA Destruction of regulated dog or prohibited dog under destruction order

This section applies if— the dog is a regulated dog or a prohibited dog; and section 127 does not authorise the destruction of the dog. If the dog has seriously attacked a person or an animal, the authorised person must make a destruction order in relation to the dog. If the dog has not seriously attacked a person or an animal, the authorised person may make a destruction order in relation to the dog. The destruction order must— be served on— the registered owner of the dog; or if there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and include or be accompanied by an information notice about the decision to make the destruction order. If a destruction order is made in relation to the dog, the authorised person may destroy the dog, not earlier than 14 days after the order is served under subsection (4) if an application has not been made under chapter 8 , part 1 for an internal review of the decision to make the destruction order (the destruction order decision ). If an application for internal review has been made under chapter 8 , part 1 for an internal review of the destruction order decision, the authorised person may destroy the dog if— the application has been decided and both of the following apply— the decision on the application confirms the destruction order decision; an application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act ; or the application has been withdrawn or has otherwise ended. If an application has been made for an external review of the destruction order decision, the authorised person may destroy the dog if— the application has been decided and both of the following apply— the decision on the application (the external review decision ) confirms the destruction order decision; an appeal against the external review decision has not been started within the period allowed under the QCAT Act ; or the application has been withdrawn or has otherwise ended. If an appeal against the external review decision has been started, the authorised person may destroy the dog if— the appeal has been decided and the effect of the decision is to confirm the external review decision; or the appeal has been withdrawn or has otherwise ended. In this section— animal has the meaning given by section 191 . seriously attack means— in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal. s 127AA ins 2024 No. 17 s 66 (sec.127AA-ssec.1) This section applies if— the dog is a regulated dog or a prohibited dog; and section 127 does not authorise the destruction of the dog. (sec.127AA-ssec.2) If the dog has seriously attacked a person or an animal, the authorised person must make a destruction order in relation to the dog. (sec.127AA-ssec.3) If the dog has not seriously attacked a person or an animal, the authorised person may make a destruction order in relation to the dog. (sec.127AA-ssec.4) The destruction order must— be served on— the registered owner of the dog; or if there is no registered owner of the dog—any person who is an owner of, or a responsible person for, the dog; and include or be accompanied by an information notice about the decision to make the destruction order. (sec.127AA-ssec.5) If a destruction order is made in relation to the dog, the authorised person may destroy the dog, not earlier than 14 days after the order is served under subsection (4) if an application has not been made under chapter 8 , part 1 for an internal review of the decision to make the destruction order (the destruction order decision ). (sec.127AA-ssec.6) If an application for internal review has been made under chapter 8 , part 1 for an internal review of the destruction order decision, the authorised person may destroy the dog if— the application has been decided and both of the following apply— the decision on the application confirms the destruction order decision; an application for an external review of the destruction order decision has not been made within the period allowed under the QCAT Act ; or the application has been withdrawn or has otherwise ended. (sec.127AA-ssec.7) If an application has been made for an external review of the destruction order decision, the authorised person may destroy the dog if— the application has been decided and both of the following apply— the decision on the application (the external review decision ) confirms the destruction order decision; an appeal against the external review decision has not been started within the period allowed under the QCAT Act ; or the application has been withdrawn or has otherwise ended. (sec.127AA-ssec.8) If an appeal against the external review decision has been started, the authorised person may destroy the dog if— the appeal has been decided and the effect of the decision is to confirm the external review decision; or the appeal has been withdrawn or has otherwise ended. (sec.127AA-ssec.9) In this section— animal has the meaning given by section 191 . seriously attack means— in relation to a person—attack the person in a way that causes the death of, or grievous bodily harm or bodily harm to, the person; or in relation to an animal—attack the animal in a way that causes the death of the animal, or maims or wounds the animal.