Domestic Animals Act 2000

This section applies if—

a dog is seized under this Act; and

the dog is not a dangerous dog; and

the registrar is reasonably satisfied that—

the dog’s keeper is unable to exercise responsible dog management, care or control in relation to the dog; or

there would be an unacceptable risk to the safety of the public or other animals if the dog were released to the keeper; and

the registrar is reasonably satisfied that the dog would not be an unacceptable risk to the safety of the public or other animals if the dog were kept by someone who was able to exercise responsible dog management, care or control in relation to the dog.

The registrar may decide to sell the dog.

The registrar may sell the dog if—

the registrar gives the dog’s keeper written notice of the decision to sell the dog; and

the dog’s keeper—

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

applies to the ACAT under section 120 for review of the decision within the application period and the registrar’s decision to sell the dog is confirmed.

The registrar must give a reviewable decision notice for s (2) to the keeper 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).