53BDealing with attacking dogs—death or serious injury to

53B Dealing with attacking dogs—death or serious injury to person or death of animal (1) This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that— (a) a dog attacked a person or an animal; and (b) the attack caused— (i) the death of the person; or (ii) serious injury to the person; or (iii) the death of the animal. (2) The registrar must destroy the dog. (3) However, subsection (2) does not apply if, and only if, the registrar is reasonably satisfied the dog is not likely to be a danger to the public or another animal. (4) For subsection (3), the registrar may consider— (a) the circumstances of the attack including whether— (i) the person or animal provoked the dog; or (ii) the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or (iii) if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and (b) whether reasonable steps can be taken to reduce the risk of the dog endangering the public and other animals; and (c) any other relevant matter.

(5) The registrar may destroy the dog if— to destroy the dog; and (i) does not, within 7 days after the day the notice is given (the application period), apply to the ACAT under section 120 for review of the decision; or decision to destroy the dog is confirmed. (6) If the registrar decides not to destroy the dog, the registrar— and Note 1 The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2). Note 2 The registrar must give a reviewable decision notice for s (2) and s (6) to the keeper or carer and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A). 53C Dealing with attacking, harassing or menacing dogs generally (1) This section applies if the registrar is reasonably satisfied, because of a complaint or otherwise, that a dog— (a) attacked a person or an animal and the attack caused— (i) an injury (other than a serious injury) to the person; or (ii) serious injury to the animal; or

(b) harassed a person or an animal; or (c) is aggressive or menacing. (2) The registrar may decide to destroy the dog. (3) In making a decision under subsection (2), the registrar— (a) must consider— (i) the safety of the public and other animals; and (ii) if the dog attacked a person or animal—the circumstances of the attack including whether— (A) the person or animal provoked the dog; or (B) the person or animal was attacked because the dog came to the aid of a person or animal the dog could be expected to protect; or (C) if the attack was on premises occupied by the keeper of the dog—the person or animal was on the premises without lawful excuse; and (4) If the registrar decides not to destroy the dog, the registrar— and Note 1 The registrar may declare a dog to be a dangerous dog if the dog attacked a person or animal—see s 22 (2). Note 2 The registrar must give a reviewable decision notice for s (2) and s (4) to the keeper or carer and must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see s 119 and ACT Civil and Administrative Tribunal Act 2008, s 67A).