41Appeal to Local Court regarding dangerous dog declarations

41 Appeal to Local Court regarding dangerous dog declarations

41 Appeal to Local Court regarding dangerous dog declarations

(1) The owner of a dog can appeal to the Local Court—

(a) against the declaration by an authorised officer of a council that the dog is a dangerous dog, or

(b) against a refusal by a council to revoke a declaration that the dog is a dangerous dog.

Note.

No appeal lies to the Local Court against a declaration by an authorised officer of a council that a dog is a menacing dog or against a refusal by a council to revoke a declaration that the dog is a menacing dog.

(2) An appeal can only be made within 28 days after the date the owner of the dog—

(a) is given notice by the authorised officer under section 38 that the officer has made the declaration, or

(b) is given notice by the council under section 39 that it has refused to revoke the declaration.

(3) The fact that an appeal is pending does not affect the dog’s status as a dangerous dog and does not affect the appellant’s obligations under this Act as the owner of a dangerous dog, unless the Court otherwise orders.

s 41: Am 2001 No 121, Sch 2.55 [1]; 2006 No 101, Sch 1 [28]; 2007 No 94, Sch 2; 2013 No 86, Sch 1 [37] [38].