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Dog Control Act 1996  013
Commenced: 1 Jul 1996
Disqualification of Owners
28   Effect of disqualification




   28. Effect of disqualification---(1) Subject to this section, where
 any person is disqualified from owning any dog under section 25 of this
 Act, that person shall, within 14 days after the date on which the
 notice under section 25 (5) of this Act is given to that person, dispose
 of every dog owned by that person.

   (2) Every dog disposed of under subsection (1) of this section---
   (a) Shall be disposed of in a manner that does not constitute an
         offence against this or any other Act; and
   (b) Shall not be disposed of to any person who resides at the same
         address as the person disqualified.

   (3) Where any person has, within 14 days after the date on which the
 notice of disqualification under section 25 (5) of this Act is given to
 that person, lodged an objection under section 26 of this Act,
 subsection (1) of this section shall apply in relation to that person as
 if the reference in that subsection to section 25 (5) of this Act were a
 reference to section 26 (4) of this Act.

   (4) Where any person has, within 14 days after the date on which the
 notice under section 26 (4) of this Act is given to that person in
 respect of an objection to which subsection (3) of this section refers,
 lodged an appeal under section 27 of this Act, subsection (1) of this
 section shall apply in relation to that person as if the reference in
 that subsection to the date on which the notice under section 25 (5) of
 this Act was given to that person were a reference to the date of the
 decision of a District Court on that appeal.

   (5) Every person commits an offence and is liable on summary
 conviction to a fine not exceeding $1,500 who---
   (a) Fails to comply with subsection (1) of this section; or
   (b) Fails, in disposing of a dog under subsection (1) of this section,
         to comply with subsection (2) of this section; or
   (c) At any time while disqualified under section 25 of this Act,
         becomes the owner of any dog in terms of this Act; or
   (d) Disposes or gives custody or possession of any dog to any person,
         knowing that person to be disqualified under section 25 of this
         Act.

   (6) Where any person is convicted of an offence against paragraph (a)
 or paragraph (c) of subsection (5) of this section, the territorial
 authority may extend the period of disqualification of that person until
 a date not later than 5 years after the date on which the offence
 occurred.

   (7) Where any person fails to comply with subsection (1) of this
 section, any dog control officer may seize any dog owned by that person
 and, for that purpose, may, at any reasonable time, with all persons he
 or she calls to his or her assistance, enter onto the land or premises,
 including any dwellinghouse, of the owner of the dog.
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