34Council may declare a dog to be dangerous

34 Council may declare a dog to be dangerous (1) A Council may declare a dog to be a dangerous dog— S. 34(1)(a) amended by Nos 87/2000 s. 15(a), 65/2007 s. 14(1). (a) if the dog has caused the death of or serious injury to a person or animal by biting or attacking that person or animal; or S. 34(1)(b) substituted by No. 87/2000 s. 15(b). (b) if the dog is a menacing dog and its owner has received at least 2 infringement notices in respect of the offence in section 41E; or S. 34(1)(c) amended by No. 69/2004 s. 24(1). (c) if the dog has been declared a dangerous dog under a law of another State or a Territory of the Commonwealth that corresponds with this Division; or S. 34(1)(ca) inserted by No. 44/2010 s. 11. (ca) if there has been a finding of guilt or the serving of an infringement notice (which has not been withdrawn and the penalty has been paid under the **Infringements Act 2006**) in respect of 2 or more offences under section 29(5), (6), (7) or (8) in respect of the dog; or (d) for any other reason prescribed. (2) The Council must not make a declaration under subsection (1)(a) if the incident occurred— (a) because the dog was being teased, abused or assaulted; or (b) in the case of injury to a person, because the person was trespassing on the premises on which the dog was kept; or (c) in the case of injury to another animal, because the animal was on the premises on which the dog was kept; or (d) because another person known to the dog was being attacked in front of the dog; or (e) as part of a hunt in which the dog was taking part and which was conducted in accordance with the **Prevention of Cruelty to Animals Act 1986**. S. 34(3) repealed by No. 65/2007 s. 14(2). S. 34(4) inserted by No. 69/2004 s. 24(2). (4) A declaration under this section— (a) has effect throughout Victoria; and (b) cannot be revoked, amended or otherwise altered. S. 34A inserted by No. 87/2000 s. 16.