39ADestruction of dangerous dog if enclosure not suitable

39A Destruction of dangerous dog if enclosure not suitable

[Section 39A Inserted by No. 72 of 2009, s. 21, Applied:01 Jul 2010]

(1)  The general manager is not to release a dangerous dog to its owner unless the general manager is of the opinion that –

(a) the owner has an enclosure in which to keep the dog that satisfies the requirements of section 32 ; or

(b) satisfactory alternative arrangements for housing the dog have been made.

(2)  If the owner of a dangerous dog does not have an enclosure referred to in subsection (1) , the general manager may, by notice in writing served on the owner, require the owner to build, or have built, such an enclosure within 28 days after service of the notice.

(3)  The general manager may extend the period specified in subsection (2) if of the opinion that sufficient progress towards the completion of the enclosure has been made.

(4)  If the owner does not build, or have built, a suitable enclosure within the period specified in the notice or such other period as the general manager allows under subsection (3) , or does not make satisfactory alternative arrangements for housing the dog, the general manager may destroy the dog.

(5)  Before destroying a dog under this section, the general manager must, by notice in writing served on the owner, notify the owner of the general manager's intention to destroy the dog.

(6)  [Section 39A Subsection (6) amended by No. 7 of 2025, s. 84, Applied:01 Jul 2025] [Section 39A Subsection (6) amended by No. 55 of 2017, s. 21, Applied:20 Dec 2017] An owner served with a notice under subsection (5) may, within 28 days after being served with the notice, appeal to the Tasmanian Civil and Administrative Tribunal against the general manager's decision to destroy the dog.

(7)  [Section 39A Subsection (7) amended by No. 7 of 2025, s. 84, Applied:01 Jul 2025] The Tasmanian Civil and Administrative Tribunal may order that –