Power of authorised officers to make declarations as to breed of dogs
98A Power of authorised officers to make declarations as to breed of dogs
S. 98A inserted by No. 83/2001 s. 23, amended by No. 103/2003 s. 26 (ILA s. 39B(1)).
S. 98A(1) amended by No. 69/2017 s. 95(1).
If a Council authorised officer is of the opinion that a dog is a restricted breed dog, the authorised officer may make a declaration to the effect that the dog is a restricted breed dog.
S. 98A(2) inserted by No. 103/2003 s. 26, repealed by No. 69/2017 s. 95(2).
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S. 98A(3) inserted by No. 69/2004 s. 34.
A declaration under this section—
has effect throughout Victoria; and
cannot be revoked, amended or otherwise altered.
S. 98A(4) inserted by No. 8/2014 s. 29.
If a declaration is made under subsection (1) to the effect that a dog is a restricted breed dog, then for the purposes of any proceedings under this Act, including a proceeding in the Tribunal, it is presumed, in the absence of evidence to the contrary, that the dog is a restricted breed dog if at the time of the making of the declaration—
the authorised officer who made the declaration had completed a course of training for the purposes of making declarations under this section that had been approved by the Minister; and
the Minister's approval of the course of training had been published in the Government Gazette.
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