Part 5AControl of dogs
56GDisposal of seized dogs
Where a ranger or any other person seizes a dog under any provision of section 56F, that ranger or other person may—
- cause that dog to be returned to its owner; or
- hold the dog in a kennel under the Department's custody; or
- place the dog in the custody of a territorial authority to be impounded under section 69 of the Dog Control Act 1996.
Where a dog is held by the Department under subsection (1)(b), the following provisions shall apply:
- the Director-General may, in his or her discretion, return the dog to its owner subject to payment by the owner of any charges incurred, unless the Director-General, in his or her discretion, decides to waive or reduce the charges:
- the Director-General or an employee of the Department shall, as soon as practicable after the dog has been seized,—
- give written notice to the nearest territorial authority that the dog has been seized and is held by the Department and shall include in that notice a description of the dog and any other means of identifying it:
- give written notice to the owner of the dog (where the owner of the dog is known or can reasonably be located) that the dog has been seized and that, unless the dog is claimed and any charges paid within 7 days of the receipt of that notice, the dog may be sold, destroyed, or otherwise disposed of in such manner as the Director-General thinks fit; and after the expiry of that period the Director-General may so dispose of the dog:
- give written notice to the nearest territorial authority that the dog has been seized and is held by the Department and shall include in that notice a description of the dog and any other means of identifying it:
- where the owner of the dog is not known and cannot be identified, the Director-General may, after the expiry of 7 days after the date of the seizure of the dog, sell, destroy, or otherwise dispose of the dog in such manner as the Director-General thinks fit:
- the sale, destruction, or other disposal of a dog under these provisions shall not relieve any former owner of the dog of the liability to pay any fees incurred in respect of the dog's seizure, sustenance, and holding.
Where a dog that is not registered under the Dog Control Act 1996 but ought to be so registered is held by the Department under subsection (1)(b) of this section, no offence is committed against section 42 of that Act by the person holding or disposing of the dog under subsection (1)(b).
Except as provided in subsection (1)(c), nothing in section 69 of the Dog Control Act 1996 affects or limits the provisions of this section.
Notes
- Section 56G: inserted, on , by section 3 of the National Parks Amendment Act (No 2) 1996 (1996 No 15).