The Law and You


For general information on owning, caring for and breeding dogs in Victoria please visit the Department of Primary Industries website DOG CARE. Additionally, we have provided direct links below to pages on the DPI website that may of interest to members of DOGS Victoria and other Victorian dog owners.


New regulations affecting all dog breeders
New regulations have been put in place for dog breeders in response to community concern about puppy farms/factories. This affects all dog breeders, regardless of how often you breed and whether or not you make a profit.Another requirement is that any advertisement advising of a dog or puppy for sale must include the microchip number.

For more details please see the DPI New Regulations for Dog Breeders web page.



What is the difference between a restricted breed dog and a declared dangerous dog?
Restricted breed affects all dogs of that breed. A dangerous dog is an individual dog that the council has declared as dangerous. For more information please visit the DPI Restricted Breed Dog web page.

New legislation on restricted breed dogs in Victoria

A new version of the Domestic Animals Act 1994 commenced on 30 September 2011. The changes to the Act were introduced on 30 August in the Domestic Animals Amendment (Restricted Breeds) Act 2011. Changes and amendments include:

We advise members with any breed that may be mistaken for a restricted breed under the "approved standard" to have their dog/s microchipped, have the chip number put on the dog's registration papers and to carry the papers with you whenever you are out with your dogs.

American Staffordshire Terrier owners may apply for an American Staffordshire Terrier Registration Card, available in the Members Area> Members Forms.



Victorian State Legislation Affecting Dog Owners

See www.legislation.vic.gov.au for more information on legislation.

It should be noted that VCA regulations prohibit the cropping of ears and illegal docking of tails
 
For local laws and ordinances, please contact your local council for a copy of their Domestic Animal Management Plan. 


Changes to the Crimes Act and Domestic Animals Act
Please note that a new version of the Domestic Animals Act 1994 will commence on Thursday 3 November 2011. The changes to the Act were introduced on today in the Crimes and Domestic Animals Amendment (Offences and Penalties) Act 2011.

The new legislation will create new indictable offences in the Crimes Act 1958. Owners can be jailed for up to 10 years if their dog kills someone, or for up to 5 years if their dog endangers someone’s life, if their dog is a:
·        restricted breed dog (registered or unregistered);
·        dangerous dog declared due to attack;
·        attack trained dog;
·        guard dog; or
·        declared menacing dog.

The new legislation will amend the Domestic Animals Act 1994 in the following:
1.        Major increases in a wide range of penalties in relation to restricted breed dogs
2.        Prohibiting the sale, transfer or giving away of restricted breed dogs (with very limited exemptions for death of an owner or surrender for destruction)
3.        Creating a new provision that a restricted breed dog should wear a collar that will later be prescribed in regulation.

It is important to note that there is no change to the regulation at this moment and so there is NOT a prescribed collar at this moment for restricted breed dogs.

Within the next few days the new Act, as well as a range of other relevant information, can be downloaded from the following links. You will also be informed when there is a change to regulation in relation to the prescribed collar – this will not be in the immediate future.

More information is available on:
www.dpi.vic.gov.au/animalwelfare (follow links to legislation page)

www.legislation.vic.gov.au click on 'law today' then select Acts beginning with 'D'.

For further information please phone the DPI Customer Service Centre on 136 186 or visit the DPI website www.dpi.vic.gov.au/animalwelfare
 


Operation of breeding facilities 

Read the Operation of Dog and Cat Breeding Facilities on the DPI website for information on the following topics:
  • Relevant Legislation
  • Breeding establishment proprietor responsibilities
  • Council Responsibilities
  • If you have an issue with a breeding establishment in your area

 



Code of Practice for the management of dogs and cats in shelters and pounds

Read the Code of Practice for the Management of Dogs and Cats in Shelters and Pounds Revision 1. This document is available on the DPI website. This code is made under the provisions of Section 5a of Division 4 of the Domestic Animals Act 1994. It covers the handling, treatment and care of animals along with transport vehicles and animal housing.



 
DPI Fact Sheets published 1 September 2010

 



De-Barking of Dogs

Members are reminded that they should carry all necessary documentation with them relating to legally de-barked dogs to answer any queries from authorised persons. For more information please read Prohibited procedures for dogs - published by the Department of Primary Industries January 2010. 

 


Breeding of Animals with Heritable Diseases
 
The Heritable Defects Code of Practice is in effect as of 18 June 2009 - More Information (.pdf)
 
Visit the DPI's page of Victorian Codes of Practice for Animal Welfare to download the full Code (listed under Heritable Defects)
 
Seminars for breeders were held in November 2009 to provide members with more information on the new Code of Practice for the Responsible Breeding of Animals with Heritable defects. The speakers were Dr. Steven Tate, Director of the Bureau of Animal Welfare, and Sylvia Power, Chair of the DOGS Victoria Canine Health Committee.
 
Download a copy of the presentation by Dr Steven Tate on the legislation and the presentation by Sylvia Power on developing a breeding program for your breed.
 
Download Documents: 
On 27 February 2009 a Seminar was held to discuss this topic. It was a successful evening with more than 110 members in attendance. Sue Huebner provided information titled Towards an Understanding of the Legislation (.pdf) and Dr Roslyn Atyeo provided information on the topic Diagnosis of Hereditary Diseases in Purebred Dogs (.pdf).
 


Tail Docking
 
Prohibited procedures for dogs - published by the Department of Primary Industries January 2010
Tail docking of dogs FAQs - published by the DPI December 2007
It should be noted that VCA regulations prohibit the cropping of ears and illegal docking of tails
 
Dogs with Natural Bob Tails
Dogs with natural bob tails do not fall under the provisions of Clause 82 of the new Act. Members of breeds in which natural bob tails occur are understandably anxious that they may be the subject of an RSPCA query about their dog.
 
The management committee has approved that the office will develop a small card that will state that the dog is registered with DOGS Victoria and meets all the requirements of Victorian State Government Legislation, or similar. This card will also be available to members with dogs whose tails were shortened before the legislation was enacted.

 

An application for this card can be downloaded from the Members' Forms section of this website. (You must be logged in as a member to access this page).