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 \[37\] \[38\].