31Appeal against declaration

31 Appeal against declaration

(1)  [Section 31 Subsection (1) amended by No. 7 of 2025, s. 82, Applied:01 Jul 2025] [Section 31 Subsection (1) amended by No. 72 of 2009, s. 12, Applied:01 Jul 2010] An owner of a dog declared to be a dangerous dog under section 29 may appeal against the declaration to the Tasmanian Civil and Administrative Tribunal within 14 days after service of the notice.

(1A)  [Section 31 Subsection (1A) amended by No. 7 of 2025, s. 82, Applied:01 Jul 2025] [Section 31 Subsection (1A) inserted by No. 72 of 2009, s. 12, Applied:01 Jul 2010] An owner of a dog declared to be a restricted breed dog under section 29A may appeal against the declaration to the Tasmanian Civil and Administrative Tribunal within 28 days after service of the notice.

(1B)  [Section 31 Subsection (1B) inserted by No. 72 of 2009, s. 12, Applied:01 Jul 2010] The onus of proving that a dog is not a restricted breed dog is on the person making that assertion.

(2)  [Section 31 Subsection (2) amended by No. 7 of 2025, s. 82, Applied:01 Jul 2025] [Section 31 Subsection (2) amended by No. 72 of 2009, s. 12, Applied:01 Jul 2010] The Tasmanian Civil and Administrative Tribunal may order that –

(a) the declaration is confirmed; or

(b) the declaration be set aside.

(3)  [Section 31 Subsection (3) amended by No. 7 of 2025, s. 82, Applied:01 Jul 2025] [Section 31 Subsection (3) substituted by No. 72 of 2009, s. 12, Applied:01 Jul 2010] If the Tasmanian Civil and Administrative Tribunal orders that a declaration in respect of a dangerous dog be set aside, a general manager may only declare the dog to be a dangerous dog in respect of behaviour of the dog that occurs after that order.