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Dog Control Act 1996  013
Commenced: 1 Jul 1996
Dangerous Dogs
32   Effect of classification as dangerous dog




   32. Effect of classification as dangerous dog---(1) Where a dog is
 classified as a dangerous dog, the owner of that dog---
   (a) Shall ensure that, from a date not later than one month after the
         receipt of notice of classification under section 31 (2) or
         section 31 (5) of this Act, the dog is kept within a securely
         fenced portion of the owner's property which it is not necessary
         to enter to obtain access to at least one door of any dwelling
         on the property; and
   (b) Shall not allow the dog to be at large or in any public place or
         in any private way other than when confined completely within a
         vehicle or cage, without being muzzled in such a manner as to
         prevent the dog from biting but allow it to breathe and drink
         without obstruction; and
   (c) Shall produce to the territorial authority, within one month after
         the receipt of notice of classification under section 31 (2) or
         section 31 (5) of this Act, a certificate issued by a registered
         veterinary surgeon and certifying---
           (i) That the dog is or has been neutered; or
           (ii) That for reasons that are specified in the certificate,
         the dog will not be in a fit condition to be neutered before a
         date specified in the certificate; and
   (d) Shall, where a certificate under paragraph (c) (ii) of this
         subsection is produced to the territorial authority, produce to
         the territorial authority, within one month after the date
         specified in that certificate, a further certificate under
         paragraph (c) of this subsection:
   (e) Shall, in respect of every registration year commencing after the
         date of receipt of the notice of classification under section 31
         (2) or section 31 (5) of this Act, be liable for dog control
         fees for that dog at 150 percent of the level that would apply
         if the dog were not classified as a dangerous dog:
   (f) Shall not, without the written consent of the territorial
         authority in whose district the dog is to be kept, dispose of
         the dog to any other person.

   (2) Every person commits an offence and is liable on summary
 conviction to a fine not exceeding $1,500 who fails to comply with
 subsection (1) of this section.

   (3) Where a Court convicts a person of an offence against subsection
 (2) of this section, the Court shall, on convicting the owner, make an
 order for the destruction of the dog unless satisfied that the
 circumstances of the offence were exceptional and do not justify the
 destruction of the dog.

   (4) Every person commits an offence and is liable on summary
 conviction to a fine not exceeding $1,500 who sells or otherwise
 transfers, or offers to sell or transfer, to any other person any dog
 known by that person to be classified as a dangerous dog without
 disclosing the fact of that classification to that other person.
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