Companion Animals Act 1998

This section applies to any dog that becomes, any time after the transition period, a restricted dog because of a declaration by an authorised officer of a council under Division 6 of this Part.

However, this section does not apply to any such dog if—

the dog was, before the relevant date, registered under this Act (or a corresponding Act of another State or Territory) otherwise than as a breed or kind of dog referred to in section 55 (1) (a)–(d1) or as a cross-breed of any such breed or kind of dog, and

no person has been convicted, whether before or after the relevant date, of an offence under section 16 (1), (1AA) or (1AB) (or a similar offence under a corresponding Act of another State or Territory) as a result of the dog rushing at, attacking, biting, harassing or chasing any person or animal.

An authorised officer may seize a dog to which this section applies. The officer may do so regardless of whether the requirements of section 56 have been, or are capable of being, complied with in relation to the dog.

If a dog is seized under subsection (3)—

the dog is to be delivered as soon as possible to a council pound, and

an authorised officer of a council may authorise the destruction of the dog.

Part 7 (other than sections 68 and 69) does not apply in relation to a dog that is seized under subsection (3).