30Maintenance of records and provision of information
For the purposes of this section and of sections 21 to 29, and only for those purposes, every territorial authority shall—
- maintain a record of every order made under section 375 of the Criminal Procedure Act 2011, and of every order deemed to have been made under section 21(5) of the Summary Proceedings Act 1957, in respect of an infringement offence committed within the previous 30 months in respect of which—
- a charging document was filed in the name of the territorial authority pursuant to section 65(2)(a); or
- an infringement notice was issued by the territorial authority; and
- a charging document was filed in the name of the territorial authority pursuant to section 65(2)(a); or
- maintain a record of every infringement notice issued by the territorial authority under this Act in respect of an offence committed within the previous 30 months (whether or not the infringement fee has been paid); and
- maintain a full record of,—for so long as that classification remains in force; and
- every decision of that territorial authority to classify a person as a probationary owner under subsection (1) or subsection (2) of section 21; and
- every decision of that territorial authority to uphold such classification under section 22(4);—
- every decision of that territorial authority to classify a person as a probationary owner under subsection (1) or subsection (2) of section 21; and
- maintain a full record of,—for so long as that disqualification remains in force.
- every decision of that territorial authority to disqualify any person under section 25(1); and
- every decision of that territorial authority to uphold disqualification under section 26(4); and
- every decision of that territorial authority to extend, under section 28(6), a period of disqualification;—
- every decision of that territorial authority to disqualify any person under section 25(1); and
Subject to subsection (6), every territorial authority—
- shall, where any officer of any other territorial authority so requests for the purposes of this Act, inform that officer whether any person named in that request,—
- is shown, by any record kept by that territorial authority pursuant to paragraph (a) or paragraph (b) of subsection (1) to have committed, within the meaning of section 21(3) or section 25(2), any infringement offence and, if so, the date and nature of that offence; or
- is for the time being classified as a probationary owner under section 21 by virtue of a decision of that territorial authority and, if so, the date on which that classification will terminate; or
- is for the time being disqualified under section 25 by virtue of a decision of the territorial authority and, if so, the date on which that disqualification will terminate:
- is shown, by any record kept by that territorial authority pursuant to paragraph (a) or paragraph (b) of subsection (1) to have committed, within the meaning of section 21(3) or section 25(2), any infringement offence and, if so, the date and nature of that offence; or
- shall, where any person classified as a probationary owner by that territorial authority has objected to another territorial authority against that classification, forward to the other territorial authority such information held in the records kept under subsection (1)(c) as is necessary for the purposes of section 22(3)(a):
- shall, where any person disqualified by that territorial authority has objected to another territorial authority against that disqualification, forward to the other territorial authority such information held in the records kept under subsection (1)(d) as is necessary for the purpose of section 26(3)(a).
Subsection (1) shall apply to all information received by a territorial authority pursuant to subsection (2)(a) as if that territorial authority had taken the actions referred to in that subsection.
At the expiration of any period during which any territorial authority is required by this section to maintain any records and information, those records and that information shall be destroyed by the territorial authority.
A territorial authority may comply with this section by entering the required information directly into the national dog control information database referred to in section 35A.
A territorial authority that complies with subsection (5) is not required to answer any request made under subsection (2). Instead the request must be treated as if it were a request made to the territorial authority referred to in section 35A(2).
Notes
- Section 30(1)(a): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 30(1)(a)(i): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
- Section 30(1)(b): amended, on , by section 9 of the Dog Control Amendment Act 2006 (2006 No 23).
- Section 30(1)(d)(i): amended, on , by section 16(1) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 30(2): amended, on , by section 8(1) of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 30(2)(a)(i): amended, on , by section 16(2) of the Dog Control Amendment Act 2003 (2003 No 119).
- Section 30(5): substituted, on , by section 8(2) of the Dog Control Amendment Act 2004 (2004 No 61).
- Section 30(6): added, on , by section 8(2) of the Dog Control Amendment Act 2004 (2004 No 61).