Animal Welfare (Dogs) Regulations 2016

Animal Welfare (Dogs) Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Welfare Act 1993 .

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Animal Welfare (Dogs) Regulations 2016 .

2.   Commencement

These regulations take effect on 1 January 2017.

3.   Interpretation

(1)  In these regulations –

Act means the Animal Welfare Act 1993 ;

characteristics, of a dog, include the age, breed, size, physiological status and health status of the individual dog;

dam, in relation to puppies, means the female dog that gave birth to the puppies;

date of whelping means the date on which the first puppy of a litter is born;

dog means an animal of the species Canis familiaris and includes both bitch and sire;

facility includes –

(a) an animal shelter, pound or pet shop; and

(b) premises operated by, or on behalf of, a dog rearing, training or boarding organisation that –

(i) is run for profit; and

(ii) as part of its operation, accommodates dogs overnight for profit; and

(c) premises operated by, or on behalf of, an organisation which has 3 or more bitches over 6 months of age, that are not desexed, and which sells dogs, other than –

(i) working dogs, or hunting dogs, within the meaning of the Dog Control Act 2000 ; or

(ii) dogs registered with an organisation approved by the Minister for the purposes of this definition; or

(iii) greyhounds registered with Tasracing Pty Ltd (as established under the Racing (Tasracing Pty Ltd) Act 2009 ); and

(d) premises operated by, or on behalf of, any other form of organisation that is primarily used for the accommodation, shelter, holding or breeding of dogs;

incompatible dog – see subregulation (2) ;

new owner, in relation to the rehoming of a dog, means the person –

(a) to whom care or charge of the dog is permanently given; or

(b) to whom the dog is otherwise sold;

person in charge, in relation to a facility, includes the owner of the facility and the manager of the facility;

puppy means a dog that has not attained the age of 12 months or, if the date of birth of the dog is not known, a dog that is visually assessed as not having attained the age of 12 months;

registration number, in relation to a dog, means the registration number allocated to the dog on its registration under the Dog Control Act 2000 ;

rehome – see subregulation (3) ;

sell includes trade, give away, take consideration for, transfer ownership of and offer for sale;

sire, in relation to puppies, means the biological father of the puppies.

(2)  For the purposes of these regulations, a dog is incompatible with another dog if, on more than one occasion, the dog interacts with the other dog in a manner that causes injury, fear or distress to that other dog.

(3)  For the purposes of these regulations –

(a) a person rehomes a dog if the person gives care or charge of the dog permanently to another person, other than as part of a fostering program approved by the Minister, or otherwise sells the dog to another person; and

(b) a dog is rehomed when, in accordance with paragraph (a) , the other person referred to in that paragraph accepts the care or charge of the dog permanently or takes possession of the dog that has been sold to the other person.

PART 2 - Care of Dogs Generally

Division 1 - General

4.   Identification of dogs

(1)  A person with care or charge of a dog that is weaned must ensure that the dog can be individually identified.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person with care or charge of a puppy that is not yet weaned must ensure that the puppy can be individually identified or identified by its relationship to its dam.

Penalty:  Fine not exceeding 5 penalty units.

5.   Rehoming of dogs

(1)  A person with care or charge of a dog must not rehome the dog unless, at the time the dog is rehomed, the person provides to the new owner of the dog a vaccination certificate for the dog that –

(a) is issued, and signed, by a veterinary surgeon; and

(b) specifies the following:

(i) the date that the last vaccination was administered to the dog;

(ii) the diseases against which the dog has been vaccinated by that veterinary surgeon;

(iii) the date when the dog is due for the next vaccination in respect of each disease;

(iv) if more than one veterinary surgeon has administered a vaccination to the dog, the name of each of those veterinary surgeons.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person with care or charge of a dog must not rehome the dog unless, at the time the dog is rehomed, the person discloses to the new owner of the dog the date on which the general health of the dog was last checked by a veterinary surgeon.

Penalty:  Fine not exceeding 5 penalty units.

(3)  Subject to subsection (4), a person with care or charge of a dog must not rehome the dog if the person knows, or suspects, that the dog –

(a) is injured; or

(b) is sick; or

(c) is diseased; or

(d) is physically impaired; or

(e) is pregnant; or

(f) is aggressive; or

(g) has behavioural problems.

Penalty:  Fine not exceeding 5 penalty units.

(4)  Subregulation (3) does not apply in respect of a dog that is rehomed if, before the dog is rehomed, the person –

(a) discloses to the new owner of the dog –

(i) each issue specified in subregulation (3) that the person knows, or suspects, applies to the dog; and

(ii) the basis for that knowledge or suspicion; and

(b) has made all reasonable enquiries to ensure that the new owner is able to care for that dog in accordance with the Act or these regulations.

(5)  A person with care or charge of a puppy must not advertise the puppy for rehoming unless the advertisement specifies –

(a) the microchip number of the dam of the puppy; or

(b) the microchip number of the puppy; or

(c) if the dam and puppy are not microchipped –

(i) the registration number of the dam; and

(ii) the name of the council at which the dam is registered.

Penalty:  Fine not exceeding 5 penalty units.

(6)  A person with care or charge of a puppy must not rehome the puppy unless, before the puppy is rehomed, the person provides the new owner of the puppy with –

(a) the microchip number of the dam of the puppy; or

(b) the microchip number of the puppy; or

(c) if the dam and puppy are not microchipped –

(i) the registration number of the dam; and

(ii) the name of the council at which the dam is registered.

Penalty:  Fine not exceeding 5 penalty units.

6.   Protection from harm

(1)  A person with care or charge of a dog must ensure that, as far as is reasonably practicable, the dog is protected from potential distress, or injury, caused by other animals.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person with care or charge of a dog must ensure that the dog is not confined in an area with an incompatible dog.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person with care or charge of a dog must ensure that the dog is provided with exercise in a manner that –

(a) is appropriate for the dog after taking into account the characteristics of the dog; and

(b) does not expose the dog to an unreasonable risk of injury.

Penalty:  Fine not exceeding 10 penalty units.

Division 2 - Housing

7.   Housing of dogs generally

A person with care or charge of a dog must ensure that, if the dog is left unattended for an unreasonable period, the dog always has access to an area that is constructed and maintained so as to provide sufficient protection for the dog from any predictable extremes of temperature, wind, rain or other adverse weather conditions.

Penalty:  Fine not exceeding 20 penalty units.

8.   Minimum ventilation requirements

(1)  In this regulation –

forced ventilation means a fully enclosed system that provides ventilation by means of electric fans.

(2)  A person with care or charge of a dog that is housed in an enclosure with forced ventilation must ensure that the means of ventilation –

(a) results in an air change rate of at least 8 changes per hour; and

(b) causes fresh air to be evenly distributed throughout the area in which the dog is housed; and

(c) maintains the air temperature in the area in which the dog is housed within a range that is comfortable for the dog after taking into account the characteristics of the dog; and

(d) if the means of ventilation recirculates air, contains a means of effective air cleaning and filtration to ensure the removal of infectious organisms and chemicals.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person with care or charge of a dog that is housed in an enclosure with forced ventilation must ensure that –

(a) the forced ventilation –

(i) has a secondary source of power that operates automatically in the event of a failure of the primary source of power; and

(ii) has a mechanism that alerts a person to the failure of the primary source of power; or

(b) the housing area is able to be opened up manually to provide sufficient natural ventilation for the dog.

Penalty:  Fine not exceeding 20 penalty units.

(4)  A person with care or charge of a dog that is housed in an enclosure must ensure that the ventilation within the enclosure –

(a) is sufficient to ensure that any noxious odours, or dampness, within the enclosure do not reach a level that is harmful to a dog housed within the enclosure; and

(b) is maintained at a level that is comfortable for the dog housed within the enclosure after taking into account the characteristics of the dog.

Penalty:  Fine not exceeding 20 penalty units.

9.   Minimum housing conditions

(1)  A person with care or charge of a dog must ensure that any area housing the dog has been designed, constructed, serviced and maintained in a manner that –

(a) provides, as much as is possible, for the good health and welfare of each dog housed within the area; and

(b) minimises the risk of –

(i) transmission of infections, or infectious disease agents, between dogs housed within the area; and

(ii) injury or harm to a dog housed within the area; and

(c) prevents, as much as is possible, the escape of any dog housed within the area.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person with care or charge of a dog that is housed in an area must ensure that –

(a) any door or gate, or other means of entrance or exit, to the area is secured in a way that cannot be opened by a dog when housed in the area; and

(b) while housed in the area, the dog is unable to access any substance, or item, that is reasonably likely to be harmful to the dog.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person with care or charge of a bitch that is whelping must ensure that the area where the bitch is whelping –

(a) is a suitable area for the bitch to whelp; and

(b) is maintained in a clean condition and is checked daily; and

(c) is lined with clean bedding that is checked daily.

Penalty:  Fine not exceeding 10 penalty units.

10.   Housing of dogs that are not desexed

(1)  A person with care or charge of a male dog that is not desexed must ensure that the dog is housed in a manner that prevents the dog from having access to a bitch that is not desexed, while the bitch is in season.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person with care or charge of a bitch that is not desexed must ensure that the bitch is housed in a manner that prevents the bitch from having access to a male dog that is not desexed, while the bitch is in season.

Penalty:  Fine not exceeding 5 penalty units.

(3)  It is a defence in proceedings for an offence under subregulation (1) or (2) if the defendant establishes that –

(a) he or she enabled the dogs to have access for the specific purpose of breeding the dogs; and

(b) an owner of each dog consented to the dogs being bred together.

11.   Tethering of dogs

(1)  Subject to subregulation (2) , a person with care or charge of a dog must not tether the dog for a continuous period of more than 30 minutes unless –

(a) the dog shows acceptance of being tethered and is not distressed as a result of the tethering; and

(b) the dog is being supervised while tethered; and

(c) the dog has access to water and weatherproof shelter while tethered; and

(d) the tether is fitted with a swivel that was inspected, to ensure it was in working condition, before the dog was tethered; and

(e) the dog is provided with daily exercise off the tether in accordance with these regulations.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Despite subregulation (1) , a person must not tether any of the following dogs:

(a) puppies that have not attained the age of 4 months;

(b) bitches in season;

(c) bitches that are in the advanced stages of pregnancy.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A person must not tether a dog to a moveable object, or adjacent to a fence, in a manner that places it at risk of injury or death by hanging.

Penalty:  Fine not exceeding 20 penalty units.

12.   Crating of dogs

(1)  In this regulation –

crate means a roofed enclosure that –

(a) may be used to confine a dog; and

(b) is capable of being transported while being used to confine a dog.

(2)  A person with care or charge of a dog must ensure that the dog is not confined in a crate unless –

(a) the dog shows acceptance of being confined in a crate and is not distressed as result of the confinement; and

(b) the crate is large enough for the dog to be able –

(i) to turn around inside the crate; and

(ii) to lie on its side with its legs fully outstretched while in the crate; and

(iii) to sit and stand in the crate without its head touching the roof of the crate; and

(c) the period of that confinement does not exceed a total of 10 hours within a 24-hour period.

Penalty:  Fine not exceeding 20 penalty units.

(3)  Subregulation (2) does not apply to a person confining a dog, if the person is confining the dog in a crate in accordance with the advice of a veterinary surgeon that has been provided in respect of that dog.

13.   Sleeping areas

(1)  A person with care or charge of a dog must ensure that the areas where the dog is likely to sleep are –

(a) checked daily; and

(b) maintained in a clean condition.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person with care or charge of a dog must ensure that the dog always has access to a clean dry area to sleep in that –

(a) is appropriate for the dog after taking into account the characteristics of the dog; and

(b) is large enough so that each dog that is expected, or likely, to sleep in the area is able to lie down with all limbs fully extended and without being obstructed; and

(c) except in extreme circumstances –

(i) provides protection from predicted extremes of temperature, wind, rain or other adverse weather conditions; and

(ii) is within a temperature range that is comfortable for the dog after taking into account the characteristics of the dog.

Penalty:  Fine not exceeding 10 penalty units.

14.   Transport of dogs

(1)  If a person with care or charge of a dog transports the dog, the person must ensure that the dog is transported –

(a) in a manner that is appropriate for the age, size and physiological status of the dog; and

(b) separately from –

(i) any incompatible dog; and

(ii) any item, or animal, that is reasonably likely to cause injury, harm or distress to the dog.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person with care or charge of a dog must ensure that, while the dog is being transported –

(a) the dog has access to sufficient shade and ventilation to ensure that the dog is not likely to suffer from heat stress while being transported; and

(b) if the dog is being transported on the back of a vehicle or trailer, the dog is tethered or restrained so as to prevent the dog from falling, or hanging, off the side of the vehicle or trailer.

Penalty:  Fine not exceeding 20 penalty units.

(3)  Subregulation (2)(b) does not apply to a dog being transported on the back of a vehicle or trailer while the dog is being used to herd livestock.

(4)  A person with care or charge of a dog must not leave the dog unattended in a vehicle where there is a reasonable likelihood of the dog suffering from heat stress or cold stress.

Penalty:  Fine not exceeding 20 penalty units.

Division 3 - Health

15.   Health and veterinary care generally

(1)  Unless otherwise specified in these regulations, a person with care or charge of a dog must ensure that the dog is inspected at least once each day to monitor its health and welfare.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person with care or charge of a dog that has suffered an injury or illness, or is otherwise visibly unwell, must provide or seek appropriate medical treatment for the injury or illness.

Penalty:  Fine not exceeding 20 penalty units.

(3)  For the purposes of subregulation (2) , a person has provided appropriate medical treatment to a dog if the person complies with the advice of a veterinary surgeon given in respect of the dog.

(4)  A person with care or charge of a dog must take all reasonable measures –

(a) to prevent the dog from contracting distemper, infectious canine hepatitis or parvovirus; and

(b) to protect the dog from common infectious diseases; and

(c) to prevent, or treat, any internal or external parasites in or on the dog.

Penalty:  Fine not exceeding 5 penalty units.

16.   Health and veterinary care of vulnerable dogs

(1)  In this regulation –

vulnerable dog includes the following types of dog:

(a) a puppy that has not attained the age of 4 months;

(b) a bitch that is in the advanced stages of pregnancy;

(c) a lactating bitch;

(d) a dog that is suffering, or recovering, from illness or injury;

(e) a dog that requires special medical care.

(2)  A person with care or charge of a vulnerable dog must ensure that the dog is inspected, to monitor the health and welfare of the dog –

(a) as often as is reasonably required to enable intervention if required to mitigate preventable risks to the health and safety of the dog; and

(b) at least twice each day.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A person with care or charge of a bitch that is whelping must contact a veterinary surgeon for advice if there has been no progress in the whelping within the 2-hour period after the bitch has begun straining.

Penalty:  Fine not exceeding 5 penalty units.

(4)  A person who has contacted a veterinary surgeon under subregulation (2) must –

(a) comply with the advice of the veterinary surgeon in respect of the bitch; or

(b) take an action, that is equivalent to that advice, that is in the best interest of the health and welfare of the bitch and the puppies being whelped.

Penalty:  Fine not exceeding 20 penalty units.

17.   Nutrition requirements

(1)  A person with care or charge of a dog must ensure that the dog is provided with access to clean water at a temperature, quantity and quality that meets the requirements for the dog after taking into account the characteristics of the dog.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person with care or charge of a dog must ensure that the dog is fed –

(a) in the case of a dog that is less than 3 weeks of age, as appropriate for the dog after taking into account the characteristics of the dog; and

(b) in the case of a dog that is at least 3 weeks of age but less than 3 months of age, at least 3 times a day and at not more than 12-hourly intervals; and

(c) in the case of a dog that is at least 3 months of age but not more than 6 months of age, at least 2 times a day; and

(d) in any other case, at least once each day.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person with care or charge of a dog must ensure that the dog is fed a diet of food that is of a quantity and quality that –

(a) meets the nutritional requirements for the dog after taking into account the characteristics of the dog; and

(b) maintains the dog in a healthy body condition so as to allow, if appropriate, healthy growth and reproduction of the dog.

Penalty:  Fine not exceeding 20 penalty units.

(4)  Subregulations (1) , (2) and (3) do not apply in respect of a dog if the person with care or charge of the dog –

(a) has sought advice from a veterinary surgeon in respect of the nutritional requirements for that dog; and

(b) is providing food and water to the dog in accordance with the advice of the veterinary surgeon provided in respect of that dog.

(5)  A person with care or charge of a dog must –

(a) inspect food and water containers at least once each day; and

(b) refill the containers as required to meet the requirements of these regulations; and

(c) remove, and clean or replace, the container if there has been contamination of the food or water within the container to an extent that the quality of that food or water is significantly affected.

Penalty:  Fine not exceeding 5 penalty units.

(6)  A person with care or charge of more than one dog, or a dog and another animal, must monitor each animal while being fed to ensure that each animal is able to have access to sufficient food to meet its individual needs.

Penalty:  Fine not exceeding 5 penalty units.

(7)  A person with care or charge of a dog must store, and prepare, food for the dog –

(a) in a hygienic manner; and

(b) so as to prevent, as far as reasonably practicable, the risk of injury or illness to the dog.

Penalty:  Fine not exceeding 5 penalty units.

18.   Exercise requirements

(1)  A person with care or charge of a dog must ensure that the dog is provided with a reasonable opportunity for exercise for at least 60 minutes in total each day.

Penalty:  Fine not exceeding 10 penalty units.

(2)  In addition to subregulation (1) , a person in charge of a facility must ensure that each dog that is more than 6 months of age at the facility –

(a) as part of the total period of daily exercise specified in that subsection, is provided with the opportunity for exercise at least twice a day for a period of no less than 10 minutes each time; and

(b) is not being exercised with an incompatible dog.

Penalty:  Fine not exceeding 10 penalty units.

(3)  Subregulations (1) and (2) do not apply to a dog if –

(a) a veterinary surgeon has provided written advice that the dog is not to undertake such exercise; or

(b) the person with care or charge of the dog can provide satisfactory evidence that –

(i) the dog has not been exercised due to an injury or illness that requires the dog to be rested; and

(ii) the period without exercise does not exceed 3 days; or

(c) the dog is being held at a pound within the meaning of the Dog Control Act 2000 and has not been held at the pound for a period exceeding 7 days.

(4)  A person with care or charge of a dog must ensure that any exercise the dog is provided with the opportunity to undertake, as required under this regulation, is appropriate after taking into account the characteristics of the dog.

Penalty:  Fine not exceeding 5 penalty units.

19.   Breeding of dogs

(1)  A person with care or charge of a bitch must ensure that the bitch is not mated until after her first oestrous.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person with care or charge of a bitch must ensure that the bitch does not have more than 2 litters in any 18-month period.

Penalty:  Fine not exceeding 10 penalty units.

(3)  A person must not breed a dog that, at the time of mating, is unwell, injured or suffering from a disease.

Penalty:  Fine not exceeding 10 penalty units.

20.   Whelping

(1)  A person with care or charge of a bitch that is pregnant must seek, or have received, qualified medical advice on what would be considered the normal manner of a birth for a dog with those characteristics.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person with care or charge of a bitch that is whelping must regularly monitor the bitch to ensure that, in the best knowledge of the person, the birth is proceeding in a normal manner.

Penalty:  Fine not exceeding 10 penalty units.

21.   Puppies

(1)  A person with care or charge of a puppy that is less than 21 days old must not remove the puppy from the other puppies in the litter, or from its lactating mother, for more than 10 minutes at a time unless it is in the best interest of the puppy, litter or mother.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person with care or charge of a puppy, that is at least 21 days old but has not yet been weaned, must not remove the puppy from the other puppies from the litter, or from its lactating mother, for more than 20 minutes at a time unless it is in the best interest of the puppy, litter or mother.

Penalty:  Fine not exceeding 5 penalty units.

(3)  A person with care or charge of a puppy must not rehome the puppy before the puppy has attained the age of 8 weeks, except in accordance with advice from a veterinary surgeon.

Penalty:  Fine not exceeding 10 penalty units.

22.   Euthanasia of dogs

(1)  A person with care or charge of a dog must not cause or allow the dog to be destroyed unless the destruction is carried out humanely by a veterinary surgeon or a person who is acting under the direct supervision of a veterinary surgeon.

Penalty:  Fine not exceeding 10 penalty units.

(2)  It is a defence in proceedings for an offence under subregulation (1) if the defendant establishes that –

(a) the dog was humanely destroyed; and

(b) it was not possible to find a veterinary surgeon within a reasonable time; and

(c) the delay in waiting for a veterinary surgeon would have caused undue suffering to the dog.

(3)  For the purposes of these regulations, a dog is destroyed humanely if –

(a) the dog is rendered suddenly unconscious; and

(b) the death of the dog occurs while it is unconscious.

(4)  For the purposes of these regulations, a person (the supervised person) is under the direct supervision of another person (the supervisor) if the supervisor –

(a) is at the same location as the supervised person while the activity that is to be supervised is taking place; and

(b) provides instructions and guidance to the supervised person in relation to the activity being supervised, if necessary; and

(c) oversees and evaluates the performance of the activity by the supervised person; and

(d) is able to immediately render assistance to the supervised person, if required, at any time during which the activity is being undertaken.

PART 3 - Additional Requirements for Facilities

Division 1 - Preliminary

23.   Application of Part

Unless otherwise specified, this Part is in addition to any relevant requirement specified in these regulations.

Division 2 - Administrative requirements

24.   Relevant standards for employees

A person in charge of a facility must ensure that each person caring for dogs in the facility –

(a) meets the relevant standards specified in these regulations for such a person; or

(b) is directly supervised by a person who meets the relevant standards specified in these regulations for such a person.

Penalty:  Fine not exceeding 10 penalty units.

25.   Record requirements for facilities

(1)  A person in charge of a facility must ensure that the following information is recorded in relation to each dog housed at the facility, except where the facility is a pound or animal shelter and the information cannot be reasonably ascertained:

(a) the name of the dog;

(b) if the name of the dog is unknown, a unique identifier for the dog;

(c) the name, address and telephone number of at least one person with care or charge of the dog;

(d) the sex of the dog and whether the dog is desexed or not;

(e) the date of birth of the dog, or the approximate age of the dog if the date of birth is unknown;

(f) the microchip number of the dog, if micro-chipped;

(g) the registration number of the dog, if registered;

(h) if the dog is a puppy that is to be rehomed –

(i) the microchip number of the dam of the puppy, if micro-chipped; or

(ii) the microchip number of the puppy, if micro-chipped; or

(iii) the registration number of the dam of the puppy, if registered;

(i) the vaccination status of the dog, whether known or unknown;

(j) details of any known special medical or dietary requirements;

(k) the date the dog arrived at the facility;

(l) if the dog leaves the facility –

(i) the date of the dog's departure; and

(ii) the destination of the dog; and

(iii) the name of the person who assumed the care or charge of the dog;

(m) if the dog dies while at the facility –

(i) the date of the dog's death; and

(ii) the cause of death, if known.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person in charge of a facility must keep a record made under subregulation (1) in respect of a dog at the facility for at least 3 years from –

(a) the day the dog is rehomed from the facility; or

(b) if the dog dies while at the facility, the day the dog dies.

Penalty:  Fine not exceeding 5 penalty units.

26.   Record requirements for breeding puppies

(1)  The person in charge of a facility must ensure that the following information is recorded, on the date of whelping, in respect of each dam that whelps at the facility and each litter of pups bred from the dam while at the facility:

(a) the name of the dam, if known;

(b) if the name of the dam is unknown, a unique identifier for the dam;

(c) the microchip number of the dam, if micro-chipped;

(d) the registration number of the dam, if registered;

(e) the name of the sire, if known;

(f) the microchip number of the sire, if known;

(g) the registration number of the sire, if known;

(h) the date of whelping;

(i) identification details of each puppy in the litter, including any abnormalities or deaths.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person in charge of a facility must keep a record made under subregulation (1) , in respect of a whelping at the facility, for at least 3 years after the date of whelping.

Penalty:  Fine not exceeding 5 penalty units.

27.   Production of records

A person who is required to keep a record under regulation 25 or 26 must produce the record if requested to do so by an inspector during the period the record is required to be kept.

Penalty:  Fine not exceeding 5 penalty units.

28.   Emergency management plans

(1)  A person in charge of a facility must ensure that –

(a) there is an emergency management plan for the facility that details the handling and evacuation of animals on the premises in the event of an emergency; and

(b) the emergency management plan for the facility is reviewed and updated at least once in each 12-month period.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person in charge of a facility must ensure that each person working at the facility –

(a) has access to a copy of the emergency management plan for the facility; and

(b) is aware of his or her obligations under the emergency management plan if an emergency occurs.

Penalty:  Fine not exceeding 5 penalty units.

29.   Record requirements

(1)  If a person is required under these regulations to inspect or monitor a dog at a facility, the person must record all adverse, or significant, observations made in respect of the dog, including any changes in the following:

(a) the eating or drinking habits of the dog, including the drinking of milk if the dog is a puppy;

(b) the defecation and urination habits of the dog;

(c) the behaviour, temperament and physical movement of the dog;

(d) any signs of illness or distress in respect of the dog;

(e) the condition of the dog's coat.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person who records an adverse observation under subregulation (1) in respect of a dog at a facility must notify the person in charge of the facility.

Penalty:  Fine not exceeding 5 penalty units.

30.   Facilities to have health plan

(1)  A person in charge of a facility must ensure that a written health plan, approved by a veterinary surgeon, is prepared and implemented in respect of the facility.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A health plan referred to under subregulation (1) is to detail procedures in respect of, but not limited to, the following matters:

(a) the prevention of common infectious diseases and parasites within the facility;

(b) the treatment of common infectious diseases and parasites within the facility;

(c) the eradication of common infectious diseases and parasites within the facility.

(3)  A person in charge of a facility must ensure that the name and contact details for a veterinary surgeon, or veterinary clinic, are visibly displayed within the facility so that all persons with care or charge of a dog within the facility have access to the details.

Penalty:  Fine not exceeding 5 penalty units.

Division 3 - Housing requirements

31.   Housing requirements specific to facilities

(1)  A person in charge of a facility must ensure that the facility –

(a) is designed, constructed, serviced and maintained to prevent access to the facility by unauthorised persons; and

(b) has an adequate water supply for all dogs housed at the facility; and

(c) has an area available within the facility, or at a veterinary clinic to which the person has reasonable access, to isolate a dog if required; and

(d) has biosecurity measures in place that are regularly reviewed and updated if appropriate.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A person in charge of a facility must ensure that –

(a) at the time of any inspection or observation of a dog housed within the facility, there is sufficient light within the facility to enable the inspection or observation; and

(b) if the facility relies on artificial lighting in any area where dogs are housed, the artificial lighting is as close as is reasonably practicable to lighting that would occur naturally.

Penalty:  Fine not exceeding 10 penalty units.

32.   Cleaning and disinfecting of facilities

(1)  A person in charge of a facility must ensure that –

(a) all areas of the facility used to house dogs are cleaned and disinfected –

(i) before a new dog is introduced to the area; and

(ii) at least once each day; and

(b) all areas of the facility used to exercise dogs are inspected to ensure they are reasonably clean and free of faeces –

(i) before a new dog is introduced to the area; and

(ii) at least once each day; and

(c) food preparation and storage areas within the facility, and all containers, utensils and equipment used to prepare and store food, are maintained to an appropriate standard of hygiene; and

(d) all enclosures used to house bitches while whelping are disinfected before the whelping is expected to commence and after the puppies from the whelping are removed.

Penalty:  Fine not exceeding 10 penalty units.

(2)  Subregulation (1)(a) does not apply to an area of the facility –

(a) where dogs cohabit with people; or

(b) that is a grassed enclosure.

33.   Isolation of unwell dogs within facilities

(1)  A person with care or charge of a dog at a facility must, if the person suspects that the dog is suffering from a significant infectious disease or severe injury, take the dog to the isolation area of the facility unless –

(a) to do so would cause unreasonable pain or suffering to the dog; or

(b) a veterinary surgeon has specified in writing that it is appropriate to house the dog with other animals whilst suffering from the disease or injury; or

(c) it is unreasonable in the circumstances to relocate the dog.

Penalty:  Fine not exceeding 10 penalty units.

(2)  If subregulation (1)(a) or (c) applies in respect of a dog, the person with care or charge of the dog at a facility must remove other animals from the area where the dog is located if it is reasonable to do so in the circumstances.

Penalty:  Fine not exceeding 10 penalty units.

34.   Tethering of dogs at facilities

A person with care or charge of a dog at a facility must not tether the dog for a continuous period that exceeds 3 hours.

Penalty:  Fine not exceeding 20 penalty units.

Division 4 - Health requirements

35.   Condition of dog while at facilities

(1)  A person in charge of a facility must ensure that each dog housed at the facility is maintained so as to ensure that the coat of the dog is not matted or tangled.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person is not guilty of an offence under subregulation (1) if –

(a) the matting or tangling of the coat of a dog is a characteristic of that breed of dog; or

(b) the condition of the coat of a dog does not promote disease, or cause physical discomfort or injury, to the dog.

36.   Euthanasia of dogs at facilities

(1)  A person in charge of a facility must ensure that there is an area within the facility, separate from any area where animals are housed, that may be used to euthanise a dog if required.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person must not euthanise a dog at a facility –

(a) in an area other than the area referred to in subregulation (1) , unless it is unreasonable in the circumstances to relocate the dog to the area; or

(b) in the presence of another person, unless the other person and the person euthanising the dog have agreed to the other person being present.

Penalty:  Fine not exceeding 5 penalty units.

37.   Breeding of dogs at facilities

(1)  If dogs are being mated at a facility, the person in charge of the facility must ensure that, while the dogs are being mated, the dogs are –

(a) isolated from any other dogs within the facility; and

(b) regularly monitored by a person to ensure that neither dog is distressed, unwell or injured.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person in charge of a facility must ensure that a bitch whelping at the facility is isolated from other dogs within the facility.

Penalty:  Fine not exceeding 5 penalty units.

38.   Puppies at facilities

A person in charge of a facility must ensure that any puppies at the facility are assessed on a weekly basis to ensure that each puppy is achieving a healthy weight gain that is appropriate for the puppy after taking into account the characteristics of the puppy.

Penalty:  Fine not exceeding 5 penalty units.

39.   Rehoming of dogs

(1)  A person in charge of a facility must ensure that each dog at the facility is treated to prevent, or remove, gastrointestinal parasites before the dog is rehomed from the facility.

Penalty:  Fine not exceeding 5 penalty units.

(2)  A person in charge of a facility must ensure that a new owner of a dog rehomed from the facility is provided with accurate written information, at no charge, specifying appropriate care instructions for the dog.

Penalty:  Fine not exceeding 5 penalty units.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 28 December 2016

These regulations are administered in the Department of Primary Industries, Parks, Water and Environment.