Dog Control Act 2000

An authorised person who believes, on reasonable grounds, that an offence under section 19(2), (3), (3A) or (4) has been committed may request that a general manager authorise the collection of a sample from a dog for the purposes of determining whether the dog was a dog involved in the offence.

A general manager who receives a request under subsection (1) in relation to a dog may authorise – an approved person to collect a non-intimate sample from the dog; or a veterinary surgeon to collect an intimate or non-intimate sample from the dog.

If an approved person or a veterinary surgeon is authorised under subsection (2) to collect a sample from a dog – the authorised person who made a request under subsection (1) in respect of the dog may do one or more of the following:seize the dog and detain it for as long as is required for the approved person or veterinary surgeon to collect the sample as authorised; if, in the opinion of the authorised person, the dog is aggressive or difficult to manage, direct the owner of the dog to accompany the authorised person, together with the dog, to a pound or other place where the sample may safely be collected; direct the owner to produce the dog for the purposes of allowing the sample to be collected as authorised; and the approved person or veterinary surgeon may collect such a sample from the dog as authorised.

If a sample is collected from a dog in accordance with an authorisation under subsection (2), the authorised person who made the request under subsection (1) in relation to the dog is to ensure that – the owner of the dog is advised, before, or as soon as reasonably practicable after, the sample is collected that the sample is collected for the purpose of analysis; and both – a person nominated in writing by the owner of the dog, if such a person is so nominated; and a qualified person – are each provided with a part of the sample that is sufficient for analysis.

A general manager may authorise a qualified person to conduct analysis of a sample that has been collected in accordance with subsection (2).

For the purposes of this section, a qualified person is a person approved by a general manager to conduct the analysis of a sample collected in accordance with this section.

A person must not – obstruct, hinder, delay, impede or threaten an approved person or veterinary surgeon acting in accordance with this section; or disobey a direction given by an authorised person under this section. Fine not exceeding 10 penalty units.

In this section – approved person means a person approved by the general manager to collect a non-intimate sample from a dog; intimate sample means a sample of the blood of a dog; non-intimate sample means a sample of the saliva, cheek cells, fur, faeces or urine of a dog; sample, in relation to a dog, means an intimate or non-intimate sample taken from that dog.