I am only responding to the highlighted.
Originally Posted by reneighb
The laws in NSW can be found on the NSW department of Local government (DLG) website.
If, in the opinion of a Council officer, they believe a dog may be of a Restricted Breed type as outlined in paragraph 1.(d.)(ii), the officer can issue a Notice of Intention (NOI) to Declare a Dog as a Restricted Breed type dog.
The NOI requires the owner to contact the DLG to engage the services of an approved breed assessor to assess the dog’s breed. There are three possible outcomes of this process:
The animal is assessed as not being a restricted breed or cross restricted breed type dog and no further action is taken.
The animal is assessed as a restricted breed type dog and the animal is declared restricted.
The animal is assessed as a cross breed of a restricted breed type dog. The owner can then have the dog temperament assessed, by a DLG approved temperament assessor, and if the dog passes this test the dog is deemed not to be a restricted breed type dog and no further action is taken. However, if the dog fails the temperament assessment, the dog is declared as a restricted breed type dog.
If, following the breed assessment process, a dog is assessed as a restricted breed type dog, Council will issue the owner with a determination letter declaring the dog as a restricted breed type dog which provides the owner with timeframes by which they must comply with the legislative control requirements found in paragraph 3.
Council Officers then monitor compliance by way of inspections and, given there are cost implications to owners, if necessary extensions to the time frames for compliance are granted.
If after the required timeframes and any extensions the owner, fails to or refuses to comply with the requirements the dog can be seized and either held while compliance is met or euthanased.
If the owner complies with the requirements Council Officers carry out inspections at 6 monthly intervals to verify compliance.
Legislative Control Requirements
Regardless of a dog being declared as dangerous or a restricted breed, the following control requirements require owners of dangerous or restricted breed dogs to comply with the following:
Dogs must be kept in a childproof enclosure, while the dog is on the property on which the dog is ordinarily kept.
The enclosure must be constructed to meet requirements as prescribed in the Companion Animal Amended Regulations.
Dogs must wear a distinctive red and yellow striped collar at all times. The collar must be of the kind prescribed by the Regulations.
Dogs must be under effective control of a competent person (over 18) and be leashed and muzzled when the animal is outside of its childproof enclosure.
Dogs must be de-sexed.
"Warning Dangerous Dog" signs must be displayed on the property where the dog is normally kept.
In addition, once a dog is declared as restricted or dangerous, it is prohibited to:
allow the dog to breed with another dog.
sell or transfer ownership (give away) the dog.
accept ownership of the dog.
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