Dog Act 1976

Where an authorised person or a police officer has reasonable grounds to believe that an attack by a dangerous dog has occurred, whether or not a warrant has been applied for under section 29(5a), that authorised person or police officer may, if he has reasonable grounds to believe it is necessary to do so, enter onto or into any premises and there seize the dog and thereafter the dog may be detained under section 29(3).

An authorised person or a police officer who has reasonable grounds to believe that a dangerous dog (restricted breed) has given birth to one or more pups may —

enter any premises under a warrant issued under section 29(5a) or with the consent of an adult occupier of the premises; and

seize each pup; and

detain each pup under section 29(3).

On the dog being detained as mentioned in subsection (1) or (2A) the local government or an authorised person must give notice in writing, in addition to any notice required by section 29, to the owner of the dog —

informing the owner of the seizure and of the place where the dog is detained; and

giving reasons for the seizure; and

stating that, whether or not the dog is claimed, the local government proposes to cause the dog to be destroyed, at a time specified not earlier, unless the owner otherwise consents, than 10 days after the giving of the notice; and

specifying that the owner has a right under this Division, to be exercised within not more than 7 days after the giving of the notice, either —

to lodge a written objection with the local government, with a subsequent right to apply to the State Administrative Tribunal for a review of the decision made by the local government on the objection; or

to apply directly to the State Administrative Tribunal for a review,

The local government shall cause a dog seized under this section to be detained until any objection which is received has been considered, the time for making an application to the State Administrative Tribunal for a review has passed, and if an application is made that application has been determined.

Where an objection is lodged with a local government in accordance with subsection (2)(d)(i) the local government shall consider it and —

if the local government dismisses the objection, the owner may, within 7 days after the giving of a notice by the local government as to the dismissal of the objection, apply to the State Administrative Tribunal for a review of the decision; or

if the local government has not given notice to the owner stating that the objection has been considered, and setting out its determination on the objection, within 35 days after the giving under subsection (2) of the notice of the seizure of the dog, the owner may, within 42 days after the giving of that notice under subsection (2), apply to the State Administrative Tribunal for a review of the decision to which the owner objected.

Where a local government gives notice of the dismissal of an objection under this section, that notice must set out the reason for the dismissal of the objection.

Where —

an objection lodged with a local government in accordance with subsection (2)(d)(i) is dismissed and —

no application for review is made to the State Administrative Tribunal; or

an application for review is made but the applicant discontinues the application; or

the State Administrative Tribunal makes an order dismissing the application for want of prosecution;

an application is made under this section to the State Administrative Tribunal for a review and the State Administrative Tribunal affirms the proposal to cause the dog to be destroyed,