A restricted dog includes some of the following breeds:
- American pit bull terrier;
- Pit bull terrier;
- Japanese tosa;
- Dogo Argentino;
- Filo Brasiliero;
- Any dog declared a restricted dog;
- Any breed that is illegal to import into Australia.
If an authorised officer of the Local Council believes a dog is a restricted dog or is a mixed breed, they will give notice to the owner of their intention to declare the dog a restricted dog. The notice will set out the immediate obligations of the owner and procedures for obtaining a breed or temperament assessment on the dog.
Once notice has been served on the owner, the owner must:
- Ensure the dog is leashed and muzzled when out in public;
- Register the dog.
A failure to comply with these obligations is an offence and a penalty notice may be issued by Council and/or the dog may be seized.
In response to the notice, the owner can make arrangements for the dog’s breed to be assessed. If the dog’s assessment finds the dog is not of a restricted breed, the owner can lodge these findings with the Council in addition to any temperament assessment results that have been obtained.
The authorised officer must consider any evidence submitted by the owner as to the breed and temperament of the dog. After 28 days of serving notice, the Local Council can make the declaration, if appropriate. If a declaration is made, the decision is final and cannot be appealed. The declaration will set out the requirements and restrictions now imposed on the owner for the keeping of their restricted dog.
If you have been served with notice of Council’s intention to declare your dog a restricted dog or seek advice regarding your obligations as the owner of a restricted dog, you may wish to contact our office and arrange an appointment to see one of our Animal Law & Pet Law Solicitors in our Sydney office. By appointment, we can also arrange a time for you to see one of our lawyers at a branch office. For a complete listing please see our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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