19ASubsequent attack by dangerous dog

19A Subsequent attack by dangerous dog

[Section 19A Inserted by No. 72 of 2009, s. 8, Applied:01 Jul 2010]

(1)  If a dangerous dog that has attacked an animal or a person subsequently attacks any animal or person, an authorised officer may seize and detain the dog.

(2)  The general manager may destroy a dog seized and detained under subsection (1) .

(3)  The general manager, by notice in writing served on the owner of the dog, is to notify the owner of the general manager's decision to destroy the dog.

(4)  [Section 19A Subsection (4) amended by No. 7 of 2025, s. 81, Applied:01 Jul 2025] An owner served with a notice under subsection (3) may, within 14 days after being served with the notice, appeal to the Tasmanian Civil and Administrative Tribunal against the general manager's decision.

(5)  [Section 19A Subsection (5) amended by No. 7 of 2025, s. 81, Applied:01 Jul 2025] The Tasmanian Civil and Administrative Tribunal may order that –

(a) the decision is confirmed; or

(b) the decision be set aside.

(6)  The owner of a dog that is detained under subsection (1) is liable for the costs of detaining the dog and, in the event that the dog is destroyed, the costs associated with its destruction and the disposal of its body.

(7)  The owner of a dangerous dog that has attacked an animal or a person and that subsequently attacks any animal or person is guilty of an offence and is liable, on summary conviction, to a penalty not exceeding 50 penalty units or a term of imprisonment not exceeding 12 months, or both.

(8)  The owner of a dangerous dog to which subsection (7) applies must not own, or be in charge of, any dog in the period of 5 years immediately following conviction or finding of guilt in respect of the subsequent attack.

Penalty:  Fine not exceeding 30 penalty units.