PDF Copy of the act ——> down­load here
Ani­mal Man­age­ment act 2008 Qld

Hunta’s Pertinent Legislation

60 What is a reg­u­lat­ed dog
A reg­u­lat­ed dog is—
(a) a declared dan­ger­ous dog; or
(b) a declared men­ac­ing dog.
61 What is a declared dan­ger­ous dog

A declared dan­ger­ous dog is—
(a) a dan­ger­ous dog declared under sec­tion 94 to be a
dan­ger­ous dog; or
(b) a dog that is the sub­ject of a dec­la­ra­tion, how­ev­er called,
if the dec­la­ra­tion—
(i) was made under a cor­re­spond­ing law; and
(ii) is the same as or sim­i­lar to a dan­ger­ous dog
dec­la­ra­tion.

62 What is a declared men­ac­ing dog
A declared men­ac­ing dog is—
(a) a men­ac­ing dog declared under sec­tion 94 to be a
men­ac­ing dog; or
(b) a dog that is the sub­ject of a dec­la­ra­tion, how­ev­er called,
if the dec­la­ra­tion—
(i) was made under a cor­re­spond­ing law; and
(ii) is the same as or sim­i­lar to a men­ac­ing dog
dec­la­ra­tion

Pro­hi­bi­tion on sup­ply of reg­u­lat­ed dog or pro­posed
declared dog
(1) A per­son (the rel­e­vant per­son) must not sup­ply a reg­u­lat­ed
dog or a pro­posed declared dog to anoth­er per­son unless—
(a) the rel­e­vant per­son gives the oth­er per­son a notice
stat­ing that the dog is a reg­u­lat­ed dog or a pro­posed
declared dog, as the case may be; or
[s 68]
Ani­mal Man­age­ment (Cats and Dogs) Act 2008
Chap­ter 4 Reg­u­lat­ed dogs
Page 64 Cur­rent as at 28 August 2024
Autho­rised by the Par­lia­men­tary Coun­sel
(b) the rel­e­vant per­son has a rea­son­able excuse.
Max­i­mum penalty—150 penal­ty units.
(2) In this sec­tion—
pro­posed declared dog means a dog the sub­ject of—
(a) a pro­posed dec­la­ra­tion notice that has not been
with­drawn; or
(b) a dan­ger­ous dog dec­la­ra­tion or men­ac­ing dog
dec­la­ra­tion that has been stay

Part 4 Reg­u­lat­ed dog dec­la­ra­tions
89 Pow­er to make dec­la­ra­tion
(1) Any local gov­ern­ment may, by com­ply­ing with the
require­ments of this part—
(a) declare a par­tic­u­lar dog to be a declared dan­ger­ous dog
(a dan­ger­ous dog dec­la­ra­tion); or
(b) declare a par­tic­u­lar dog to be a declared men­ac­ing dog
(a men­ac­ing dog dec­la­ra­tion).
(2) A dan­ger­ous dog dec­la­ra­tion may be made for a dog only if
the dog—
(a) has seri­ous­ly attacked, or act­ed in a way that caused fear
to, a per­son or anoth­er ani­mal; or
(b) may, in the opin­ion of an autho­rised per­son hav­ing
regard to the way the dog has behaved towards a per­son
or anoth­er ani­mal, seri­ous­ly attack, or act in a way that
caus­es fear to, the per­son or ani­mal.
[s 90]

Ani­mal Man­age­ment (Cats and Dogs) Act 2008
Chap­ter 4 Reg­u­lat­ed dogs
Page 66 Cur­rent as at 28 August 2024
Autho­rised by the Par­lia­men­tary Coun­sel
(3) A men­ac­ing dog dec­la­ra­tion may be made for a dog only if a
ground men­tioned in sub­sec­tion (2) exists for the dog, except
that the attack was not seri­ous.
(4) The dec­la­ra­tion may be made even if the dog is not in the
local government’s area.
(5) A dec­la­ra­tion under this sec­tion is a reg­u­lat­ed dog
dec­la­ra­tion.
(6) In this sec­tion—
ani­mal has the mean­ing giv­en by sec­tion 191.
seri­ous­ly attack means—
(a) in rela­tion to a person—attack the per­son in a way that
caus­es the death of, or griev­ous bod­i­ly harm or bod­i­ly
harm to, the per­son; or
(b) in rela­tion to an animal—attack the ani­mal in a way that
caus­es the death of the ani­mal, or maims or wounds the
ani­mal.

90 Notice of pro­posed dec­la­ra­tion
(1) If a local gov­ern­ment pro­pos­es to make a reg­u­lat­ed dog
dec­la­ra­tion it must give any own­er of the dog a notice (a
pro­posed dec­la­ra­tion notice) stat­ing—
(a) the fol­low­ing details for the dog—
(i) breed;
(ii) colour;
(iii) sex;
(iv) any oth­er notice­able dis­tin­guish­ing fea­tures or
marks; and
(b) the local gov­ern­ment pro­pos­es to declare the dog to be a
reg­u­lat­ed dog; and
© the type of reg­u­lat­ed dog dec­la­ra­tion pro­posed to be
made; and
(d) the rea­sons for the pro­posed dec­la­ra­tion; and
[s 91]

Ani­mal Man­age­ment (Cats and Dogs) Act 2008
Chap­ter 4 Reg­u­lat­ed dogs
Cur­rent as at 28 August 2024 Page 67
Autho­rised by the Par­lia­men­tary Coun­sel
(e) an own­er of the dog may make, with­in a stat­ed peri­od,
writ­ten rep­re­sen­ta­tions to show why the pro­posed
dec­la­ra­tion should not be made.
(2) The stat­ed peri­od must end at least 14 days after the pro­posed
dec­la­ra­tion notice is giv­en.
(3) The pro­posed dec­la­ra­tion notice may be accom­pa­nied by a
writ­ten opin­ion from a vet­eri­nary sur­geon or oth­er evi­dence
about the dog’s breed.

92 With­draw­ing pro­posed dec­la­ra­tion notice
The local gov­ern­ment may with­draw the pro­posed dec­la­ra­tion
notice by giv­ing notice of the with­draw­al to any own­er of the
dog the sub­ject of the notice.

94 Mak­ing reg­u­lat­ed dog dec­la­ra­tion
(1) The local gov­ern­ment must con­sid­er any writ­ten
rep­re­sen­ta­tions and evi­dence accom­pa­ny­ing them with­in the
peri­od stat­ed in the pro­posed dec­la­ra­tion notice.
(2) If, after com­ply­ing with sub­sec­tion (1), the local gov­ern­ment
is sat­is­fied that the rel­e­vant ground under sec­tion 89 still
exists, it must make the reg­u­lat­ed dog dec­la­ra­tion for the dog.
95 Giv­ing infor­ma­tion notice about deci­sion to make
reg­u­lat­ed dog dec­la­ra­tion
(1) As soon as prac­ti­ca­ble after decid­ing to make a reg­u­lat­ed dog
dec­la­ra­tion, the local gov­ern­ment must give any own­er of the
dog the sub­ject of the dec­la­ra­tion an infor­ma­tion notice about
the deci­sion.
(2) How­ev­er, the local gov­ern­ment must not give an infor­ma­tion
notice under sub­sec­tion (1) if an autho­rised per­son has made a
destruc­tion order under sec­tion 127A in rela­tion to the dog.
Note—
See sec­tion 127A in rela­tion to the require­ment to give a sin­gle
infor­ma­tion notice about the deci­sions to make the reg­u­lat­ed dog
dec­la­ra­tion and the destruc­tion order.

5 Giv­ing infor­ma­tion notice about deci­sion to make
reg­u­lat­ed dog dec­la­ra­tion
(1) As soon as prac­ti­ca­ble after decid­ing to make a reg­u­lat­ed dog
dec­la­ra­tion, the local gov­ern­ment must give any own­er of the
dog the sub­ject of the dec­la­ra­tion an infor­ma­tion notice about
the deci­sion.
(2) How­ev­er, the local gov­ern­ment must not give an infor­ma­tion
notice under sub­sec­tion (1) if an autho­rised per­son has made a
destruc­tion order under sec­tion 127A in rela­tion to the dog.
Note—
See sec­tion 127A in rela­tion to the require­ment to give a sin­gle
infor­ma­tion notice about the deci­sions to make the reg­u­lat­ed dog
dec­la­ra­tion and the destruc­tion order.
(3) The deci­sion takes effect on the lat­er of the fol­low­ing days—
(a) the day any own­er of the dog is giv­en the infor­ma­tion
notice;
(b) a lat­er day of effect stat­ed in the infor­ma­tion notice.
(4) The infor­ma­tion notice must state—
(a) that the dog is the sub­ject of—
(i) if the dog is a dan­ger­ous dog—a dan­ger­ous dog
dec­la­ra­tion; or
(ii) if the dog is a men­ac­ing dog—a men­ac­ing dog
dec­la­ra­tion; and
(b) the rea­sons for the dec­la­ra­tion; and
© the local gov­ern­ment that made the dec­la­ra­tion; and
[s 96]
Ani­mal Man­age­ment (Cats and Dogs) Act 2008
Chap­ter 4 Reg­u­lat­ed dogs
Cur­rent as at 28 August 2024 Page 69
Autho­rised by the Par­lia­men­tary Coun­sel
(d) the day the deci­sion takes effect; and
(e) that the dog must be kept only at the place stat­ed in the
reg­is­tra­tion notice as the address for the dog; and
(f) if the dog is impounded—a unique num­ber giv­en to the
dog by the local gov­ern­ment for the pur­pos­es of
impound­ing; and
(g) any oth­er infor­ma­tion pre­scribed under a reg­u­la­tion.

 

128 Receipt for dog in par­tic­u­lar cir­cum­stances
(1) This sec­tion applies if the dog—
(a) has, or appears to have, a reg­is­tered own­er; or
(b) was seized from a per­son who had imme­di­ate con­trol or
cus­tody of it.
(2) The autho­rised per­son must, as soon as prac­ti­ca­ble after the
seizure, give the reg­is­tered own­er or per­son a writ­ten receipt
for the dog—
(a) gen­er­al­ly describ­ing the dog and its con­di­tion; and
(b) stat­ing the dog has been seized.
(3) If the reg­is­tered own­er is not present at the place at which the
dog was seized and—
(a) the place is not a pub­lic place—the receipt may be giv­en
by leav­ing it at the place in a con­spic­u­ous posi­tion and
in a rea­son­ably secure way; or
(b) the place is a pub­lic place—the receipt may be giv­en by
leav­ing it at the address stat­ed on the reg­is­tra­tion notice
for the dog.
129 Access to seized dog
(1) This sec­tion applies until the dog is returned under
sec­tion 130 or 131.
(2) The autho­rised per­son must allow the own­er of the dog to
inspect it any rea­son­able time, from time to time.
(3) Sub­sec­tion (2) does not apply if it is imprac­ti­ca­ble or would
be unrea­son­able to allow the inspec­tion.
(4) The inspec­tion must be pro­vid­ed free of charg!