Puppy Farm Legislation Victoria

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Rogue puppy farms hit

by: Peter Rolfe From: Sunday Herald Sun October 23, 2011 12:00AM

Illegal puppy farms face huge fines. Herald Sun

MASSIVE new fines, jail terms and unprecedented powers to shut down illegal puppy farms will be introduced in Victoria in a crackdown on animal cruelty.

Premier Ted Baillieu will announce the toughest dog and cat laws in Australia today, with legislation to be introduced in State Parliament next week.

"We are not going to tolerate cruelty to animals," he told the Sunday Herald Sun.

The new legislation - to take effect this year - will include powers to seize the assets, property and profits of people operating illegal puppy farms, fines of up to $146,000, 10-year bans on people owning a pet if they are found guilty of animal cruelty and strict jail terms for unlawful breeders.

RSPCA and council inspectors will also be given new policing and confiscation powers and a $1.6 million Animal Welfare Fund will be created through money raised by the sale of confiscated assets.

Maximum penalties for illegal puppy farms will rise by more than $18,000 and penalties for operators who commit acts of cruelty will be doubled to $30,000.

Individual breeders will also face penalties of up to $30,000 and 12 months' prison and fines of up to $60,000 and two years' jail for aggravated cruelty.

Corporate businesses busted under the new regime will be slapped with fines between $73,300 and $146,688.

Mr Baillieu said the laws had been drafted in response to puppy farms found in Victoria where dogs had been kept in cages, tied up for days and carcasses left to rot.

He said the far-reaching action would send a clear message to dodgy operators that they faced massive fines, loss of assets and imprisonment as well as having farms shut down.

"These are some of the strongest laws ever introduced to protect animals from abuse and neglect."

The new laws build on a Coalition commitment to smash illegal puppy-breeding rings following several public protests in favour of harsher penalties.

In another major shake-up, it will become compulsory for every dog and cat sold in Victoria to be implanted with a unique microchip number that must be quoted in advertisements and at points of sale.

A new offence will be created to punish breeding houses not using the technology and fines will apply to any pet store, farm or individual caught selling a cat or dog without the chip, putting the onus on the seller rather than the buyer.

Industry sources said the crackdown could lead to a shortage in puppy numbers and potentially push up the price of pets.

The Government concedes the clampdown could raise puppy prices slightly at pet stores but believes the public will be happy paying a little extra if it means knowing that their dog has not be treated cruelly.

Mr Baillieu, who has three pet dogs, said he was determined to make operators accountable for the welfare of animals in their care.

"I have been touched by the passion in the community on this issue and the efforts of so many who have written to me," he said. "As a dog owner, I am appalled by images I have seen of abused and helpless animals."

It is not known how many illegal puppy farms exist in Victoria but there are 64 approved breeding houses where an average of 45 dogs each breed a litter of six each year.

Until now, RSPCA inspectors have had limited powers even when they have evidence of farms mistreating animals, with their only course of action to refer concerns to councils.

[cheekygal]

[Akitasthe14me]

Wow! That's awesome....Victoria is so progressive. Here in QLD were barely have the right policy and legislative framework to protect children from abuse and neglect let alone animals...one day we might catch up...lol

[huskies4life88]

A small victory for doggies everywhere

now the ban puppy factories all together and we can all rest in peace!!

[WreckitWhippet]

The new legislation isn't going to make a blind bit of difference, the RSPCA has always had the power to act where animals have been mistreated, they choose not to and cry poor, they prosecute when it suits them.

Victoria is hardly the progressive state

I'd hate to be a registered breeder living in VIC

[Mags]

The new legislation isn't going to make a blind bit of difference, the RSPCA has always had the power to act where animals have been mistreated, they choose not to and cry poor, they prosecute when it suits them.

Victoria is hardly the progressive state

I'd hate to be a registered breeder living in VIC

This unfortunately is my view too.

[sandgrubber]

Think I'd reserve judgement until the details are published. Could be great. Could be hot air. Could be something that is going to cause a whole lot of trouble for ethical breeders as well as puppy mills.

[k9angel]

Appalled at the images he has seen of abused and helpless puppies, Victorian Premier Ted Baillieu has vowed to put the bite on illegal puppy farms.

Speaking at the Lost Dogs' Home in North Melbourne on Sunday, Mr Baillieu outlined tough new penalties, massive fines for cruelty and equipping the RSPCA with new policing and confiscation powers to seize profits and assets from illegal puppy farms.

Legislation for the powers will be introduced in the Victorian parliament this week.

"We are not going to tolerate cruelty to animals," Mr Baillieu said.

"These are some of the strongest laws ever introduced to protect animals from abuse and neglect.

"As a dog owner, I am appalled by images I have seen of abused and helpless animals."

Under the legislation, it will be compulsory for dogs and cats sold in the state to be fitted with a microchip.

The new legislation will include jail terms, powers to seize assets of illegal puppy farm operators, hefty fines and 10-year bans on pet ownership for anyone found guilty of animal cruelty.

Maximum penalties for puppy farms operating illegally will rise from $1195 to $20,000.

Money raised from the sale of confiscated assets would go towards an Animal Welfare Fund.

The new laws are in response to horror scenes discovered in some Victorian puppy farms where dogs were kept in cages and carcasses left to rot, said Mr Baillieu.

Until now, the only course of action available to RSPCA inspectors when they have evidence of animal cruelty at farms is to refer their concerns to a council.

The Lost Dogs home managing director Graeme Smith said his establishment takes in 10,000 dogs each year, mostly discarded young adults.

"These measures will help in reducing the number of puppies born in these sorts of establishments and it will ultimately eliminate them entirely," Dr Smith said.

Mr Baillieu said the discarded dogs would approve of the crackdown.

"Certainly these little guys if they could speak, other than with their very charming body language, would say this is a great step," he said.

http://au.news.yahoo.com/a/-/latest/10732292/vic-govt-to-target-illegal-puppy-farms/

[Leema]

Think I'd reserve judgement until the details are published. Could be great. Could be hot air. Could be something that is going to cause a whole lot of trouble for ethical breeders as well as puppy mills.

I agree.

It also is only going to quash illegal puppy mills. I don't know what separates a legal puppy mill from an illegal mill, so the beauty will be in the legislation at hand.

[Are You Serious Jo]

Just paves the way for large scale puppy farms that have the government tick of approval. Awesome that the RSPCA now have more powers, they didn't bother investigating genuine cases before why would they now?

[WreckitWhippet]

It's been illegal not to chip pups in NSW for 10 plus years now, yet it's a widely and largely ignored piece of legislation, I don't know why the Vic pollies are acting like it's something fantastic and part of the solution. Chipping is great and helps lost dogs reuinte with their owners and that's about it.

Shame they couldn;t go one step further and tweak the system so that the breeder details, stayed with the animal for life and we could use the information when dogs find themselves homeless.

[Atanquin]

Woohoo all we need now is for the other states to catch on too best news ever!!!!!

[WreckitWhippet]

Woohoo all we need now is for the other states to catch on too best news ever!!!!!

I certainly hope not.

Victoria is the home of some of the most ridiculous legisaltion pertaining to dogs in this country.

NSW has the CAA and POCTA, the RSPCA has more than enough power already, to shut downany establishment that treats animals in a cruel way, according to the CAA & PCOTA. We don't need Victorias knee-jerk and poorly thought out legisaltion. You like it, you can keep it. Victoria can keep their legislation regarding breeding, BSL and cruelty.

[mackiemad]

Think I'd reserve judgement until the details are published. Could be great. Could be hot air. Could be something that is going to cause a whole lot of trouble for ethical breeders as well as puppy mills.

I agree.

It also is only going to quash illegal puppy mills. I don't know what separates a legal puppy mill from an illegal mill, so the beauty will be in the legislation at hand.

in vic the diff is that the illegal ones are not paying the council for the license to hold and breed that many animals - they are effectively classified as private residences rather than animal breeding establishments. commercial animal breeders need only apply to council and pay their registrations to get out of this legislation. whilst it may stop the puppy farms that don't already pay their cash to the council, it probably won't have any effet on those that do - even if they are not adhering to the number limits on animals, welfare conditions etc.

[Aphra]

I agree. The RSPCA has considerable rights of entry and seizure which they have chosen not to exercise in the past. I have a real concern with the RSPCA having such extensive powers when they are a non-government body and there is no recourse to contest their decisions except through the courts. At least with most government agences there is an Obudsman or other board for investigating complaints.

For all those who would like the legislation to also affect dog breeding organisations properly registered with local councils and holding the relevant permits; has it occurred to you what kind of government we would actually have if they introduced legislation to close down legitimate businesses, no matter how distasteful we find them?

The new legislation isn't going to make a blind bit of difference, the RSPCA has always had the power to act where animals have been mistreated, they choose not to and cry poor, they prosecute when it suits them.

Victoria is hardly the progressive state

I'd hate to be a registered breeder living in VIC

[helen]

"In another major shake-up, it will become compulsory for every dog and cat sold in Victoria to be implanted with a unique microchip number that must be quoted in advertisements and at points of sale."

This is very worrying. What is to stop someone stealing your dog, they know the microchip number, just have to forge a signature to change the details, very much a privacy concern

[Christina]

How is every animal being microchipped going to affect how it was produced ?

It will not affect the diet it is fed, the conditions it is raised in, how much time & affection it & its parents get, health tests done, cleanliness or anything else.

It will just be a record of who owns it & who they got it off & who to phone if its found.

Nice to have them microchipped but its not a welfare issue much overall when one looks at a bad puppy farm or cruelty.

[laneka]

So this also means a breeder cannot advertise their litter till they are at least 6 weeks old because that is when they are usually microchipped or does one have the vet put a set number aside, giving the breeder the numbers.

[toy*dog]

hmmm... not sure this is a great thing, he's missed the mark the premier of Victoria.

how do they make the jump from illegal to legal, and mentioning petshops to get a pet, does he not read where petshops get their puppies from?

once again no mention to the public at all where to buy a puppy, the better choice to source a pup from. once again advertising people going to petshops so contradicting themselves there already.

in re: to advertising microchips - this is ridiculous, once again targetting anyone who breeds dogs not the ones they actually want to get rid off. how does this equate to getting rid of farms? if we had a system where it was compulsory to put breeder details on chip then i'd be more confident that we may have something, as many have already posted on here.

this is a big scam from the government to try to get brownie points from the public for votes i wouldn't mind betting -giving them a false sense of doing something when actually they are doing nothing at all.

[Steve]

So this also means a breeder cannot advertise their litter till they are at least 6 weeks old because that is when they are usually microchipped or does one have the vet put a set number aside, giving the breeder the numbers.

Not really very well thought out is it. but then you know the drill why would a good breeder need to advertise anyway ?

However, a couple of points - those who have puppies available all the time can still advertise their kennel and sell via email or phone without chip numbers anyway as long as they arent advertising specific puppies .

Large commercial kennels are advantaged over smaller breeders who do need to advertise their puppies before they are chipped but dont have swish websites and rarely breed in comparison to the big boys.

Not sure how Victorian chip laws are written and Im too busy to look but does the law say the pup has to be chipped at point of sale and is there a requirement for the breeder details to be entered or can the first owner be listed as the person who purchased the pup?

It will also be interesting to see how they will work the pet shops too - does the pet shop have to purchase puppies already chipped or can they chip at time of sale to the new owner ? How will this slow down those who are providing puppies to pet shops either way?

if breeders in Victoria have to include chip numbers in their advertisements which are not implanted until we are sure the pup is going to live and it is big enough to cope this in fact places Victorian breeders at a trade disadvantage as interstate breeders can advertise their pups at any time and sell to anyone who resides in Victoria without the chip number having to be provided.

Will be interesting to see how many ILLEGAL puppy farms are found and prosecuted in comparison to those which have been to date. Legal commercial breeders should be cheering - registered breeders,back yard breeders and small cross bred breeders who have not applied for a DA and have not obtained approval to breed dogs from their property should have a bit of sweat on their face. Its a given that Vicdogs are exempt from needing a domestic animal business licence if they dont have more than 10 fertile dogs but any one whether you are Vicdogs or not who has more than 2 dogs and uses one for breeding requires a DA from their council and without it they are the illegal ones. RSPCA now has the ability to enforce council by laws and operate outside of POCTA without outside accountablility.

We certainly have moved into interesting times with those who are operating illegally without council approval having to make choices or risk all - here is hoping the epidemic of filthy illegal puppy farmers who are so abundant that we required laws which would radically affect all breeders in that state just give up and dont move interstate , or hide out better or become legal large scale commercial breeders. Lets hope that puppy farmers in other states dont see this as an opportunity to take up the slack and replace the markets for all of those illegal puppy farms which will no longer be able to breed and for the small breeders who feel its all too hard to have a litter of puppies now and then. In the mean time legal commercial breeders hit the jackpot.

My advice to all Victorian breeders whether you breed one or lots is to check with your local council to see what YOU need to do to be operating legally in your shire. Dont assume you dont need to do anything if you are Vicdogs and have less than 10 fertile dogs. Do not assume that the definition of puppy farmer which is being used at government and RSPCA level is only petinent to those who breed commercially or that you are not compelled to be operating under a mandatory code which covers housing, vaccinations etc. if you breed dogs in Victoria and you dont have a vet vaccinate your dogs every year you are illegal - dont assume you will be exempt - you are not.

Edited October 23, 2011 by Steve