114Seizure, impounding and return of nuisance animals

114 Seizure, impounding and return of nuisance animals (1) An authorised person may seize an animal if— (a) the authorised person reasonably believes the animal is causing an animal nuisance, after considering— (i) the extent of the animal nuisance; and (ii) the likelihood of the keeper or carer of the animal reducing or stopping the nuisance or complying with steps mentioned in a nuisance notice to prevent its recurrence; or (b) the keeper or carer does not comply with a nuisance notice issued to the keeper or carer in relation to the animal. (2) If an animal is seized under subsection (1), the registrar must— (a) impound the animal until it is returned to its keeper or carer, or sold or destroyed; and (b) either— (i) if the identity of the animal’s keeper or carer is not known—make reasonable inquiries to find out who is the keeper or carer; or (ii) if the identity of the animal’s keeper or carer is known— give oral or written notice to the keeper or carer in accordance with section 114A about the animal’s seizure. (3) The registrar may give the notice by telephone. (4) The registrar must release the animal to a person claiming its release if reasonably satisfied that— (a) the animal nuisance is not likely to happen again if the animal is returned to the keeper or carer; and (b) for a dog—there is not an unacceptable risk to the safety of the public or other animals from the dog being released to the keeper or carer.

(5) If the registrar releases a dog, the registrar— and (6) Any costs or expenses incurred by the Territory in seizing or impounding an animal under this section are a debt payable to the Territory by the keeper of the animal.