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].