34Authorised officer may declare dog to be dangerous dog or menacing dog

#### 34 Authorised officer may declare dog to be dangerous dog or menacing dog 34 Authorised officer may declare dog to be dangerous dog or menacing dog > > (1) An authorised officer of a council may declare a dog to be a dangerous dog if the authorised officer is satisfied that— > > > > > (a) the dog is dangerous, or > > > > > (b) the dog has been declared a dangerous dog under a law of another State or a Territory that corresponds with this Act. > > > (1A) An authorised officer of a council may declare a dog to be a menacing dog if the authorised officer is satisfied that— > > > > > (a) the dog is menacing, or > > > > > (b) the dog is of a menacing breed or kind of dog (or a cross-breed of a menacing breed or kind of dog), or > > > > > (c) the dog has been declared a menacing dog under a law of another State or a Territory that corresponds with this Act. > > > (1B) A declaration may be made under this section even if the dog is ordinarily kept in another council’s area. > > > (1C) The regulations may prescribe procedures that must be followed or matters that must be considered (or both) before an authorised officer makes a declaration under subsection (1A) (b). > > > (2) A declaration can be made on the officer’s own initiative or on the written application of a police officer or any other person. > > > (3) A declaration has effect throughout the State. It is not limited in its operation to the area of the council whose authorised officer made the declaration. > > Note. > > This Part also gives the Local Court the power to declare a dog to be dangerous in certain circumstances. > > **s 34:** Am 2005 No 101, Sch 1 \[59\]; 2006 No 101, Sch 1 \[16\]–\[18\]; 2007 No 94, Sch 2; 2013 No 86, Sch 1 \[28\].