Section 41Part 7 — Nuisances by, and Control of, Animals
Power of court with respect to dangerous dogs
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Where —
a person has been convicted of an offence against section 40; or
it is made to appear to a summary court that a dog has been dangerously out of control on more than one occasion or is likely to spread disease to any person or animal, then the court may order either —
that the dog be handed over to the Department of Agriculture for the immediate destruction of the dog by the Department; or
that the person who is keeping the dog observe such requirements in relation to the future keeping of the dog as the court thinks fit to specify in the order.
A person who fails to comply with a requirement imposed upon that person by an order made under subsection (1)(b)(ii) commits an offence.
If a court which has convicted a person of an offence against subsection (2) is not satisfied that the dog can or will be properly controlled in the future, the court may, in addition to punishing that person for the offence, order the destruction of the dog.
A person who obstructs any officer of the court so that such officer is prevented from carrying out an order of the court made under subsection (1)(b)(i) shall pay a fine of forty dollars in respect of each day the carrying out of the order remains in abeyance through that person's default.