Attention All Breeders In Victoria

[Loreley]

This post has been done on the main DOL general info board, but I thought it prudent to copy it here for you just in case.

I have been informed that a friend of mine and breeder has been targeted by the RSPCA regarding the new laws that have not even been passed yet.

They came out, inspected her premises and both the council ranger and rspca rep advised her the system is wonderful, but if they have more than the allowable number of dogs (even desexed, disabled or in foster care with them) they will be seized and destroyed, there was no if or but. These are healthy, well adjusted dogs, some in their twilight years enjoying retirement, breeding/working dogs, and young ones waiting to be homed.

If you are a breeder in Victoria, take care, read up on the new laws so that you are prepared !!

Oh by the way, this breeder was identified because she involved in the rescue scene, and had taken dogs in when at risk.

So I can only assume that they are wanting to remove any breeders that are connected to rescue groups, talk about cutting your nose off and spiting your face.

You all need to unite, regardless of which breed you breed, of petty differences you may have had, if this law is passed not only will you be restricted in how many dogs you are allowed on your property at all times, but you will basically be unable to take any of your dogs back if the need arises as a responsible breeder generally does for fear that you will lose one of your breeding stock as a result.

Seriously consider writing/emailing your state rep and their counter part in government. Get in touch with the newspapers, the TV and the Radio - you have to stop this madness.

Edited June 18, 2013 by Loreley

[jezzabel]

This is atrocious.

I am not sure that they have any legal right to just enter her property like that.

We will have no freedom or rights of any kind soon.

A relative who lived in the USA for many years said that the

"right to bear arms" was born from the perceived need to

keep government agents off their (private) property.

Do you have any email addresses I can write to?

If these "laws" are adopted nationwide, then God help us.

I am honestly starting to think about leaving Australia.

[Loreley]

This breeder is the 2nd or 3rd that I have heard of that 'has had a friendly visit'. They are basically giving people a heads up, this is what is going to happen, they are so smug that this legislation is going to pass that they are trying to enforce it before it has even been stamped.

What gets me is that this is bring brought in to 'control puppy farms'. Now don't get me wrong, I'm all for shutting down puppy farms, but those that run them do not comply with the laws that are currently in place (animal welfare, etc) so why would they comply with these new laws? The process of compliance and seizing would have to be the same as previously and we know how well that works. All this will do is gut the rescue group network because a lot of them are linked to responsible breeders that genuinely care about the breeds they breed. I can see no win on this from the ethical breeder perspective.

I am yet to read the legislation fully but at the very least, they need to amend the following conditions:

The number of animals only applies to animals of minimum breeding age (2 years), does not apply to animals that are desexed, does not apply to animals that have been taken into foster care (because they will be desexed before being rehomed). This is at the very minimum.

And then MAKE IT BLOODY ILLEGAL TO SELL ANIMALS TO PETSHOPS AND IN THE PAPER WITHOUT A BREEDER REGISTRATION NUMBER for god's sake!!! that's all that actually had to do.

The animal kill rate will sky rocket!!!

I am not a breeder, but I would assume that this will heavily affect your bottom line financially and affect the price you put on pups also.

The whole thing makes me sick.

Edited June 19, 2013 by Loreley

[minimax]

Have you actually confirmed any of this first hand yet?

[BlackJaq]

Pretty sure most councils already have a limit on the number of dogs you can keep (at least on residential land) and anything over you need a permit, so this is not a "future" scenario but a "right now" kind of deal...

What exactly is going to be changed/brought into legislation?

Edited June 19, 2013 by BlackJaq

[Loreley]

So far I have not been able to locate the actual document they are referring to, but below is a link to the released responses and there are plenty.

https://web3.dpi.vic.gov.au/pet_consultation/index.php/comment/commented_authors

[JulesP]

http://www.dpi.vic.gov.au/pets/domestic-animal-businesses/breeding-establishments/new-regulations-for-dog-breeders

[Loreley]

Press Release from the Vic Government Site.

Note the phone number at the bottom, I will be contacting them tomorrow to get a copy of the draft as it stands and will upload it when I get home.

Extra round of consultation for new breeding code

Wednesday, 08 May 2013

Agriculture and Food Security Minister Peter Walsh has announced a second round of consultation on the draft Code of Practice for the Operation of Breeding and Rearing Establishments.

Mr Walsh said the Victorian Coalition Government was listening to concerns about the current form of the draft Code and wanted to ensure a thorough consultation process took place.

When finalised, the Code will specify updated minimum standards of accommodation, management and care required for dogs and cats housed in breeding and rearing establishments.

“Public consultation is an important part of the process of updating the Code to ensure everyone gets a fair hearing, and to ensure animal welfare standards and community expectations are met,” Mr Walsh said.

“During this first consultation period, the Coalition Government has been made aware that a number of stakeholders have serious concerns, including people who breed working dogs.

“We would like to work through those concerns, and providing a second opportunity for public consultation will help us work with stakeholders to resolve the issues.

“The current consultation period will end on May 13, as originally advertised, and then a revised draft Code will be released in late June or early July for the second round of public consultation,” Mr Walsh said.

“The final Code is now not expected to be completed until the end of August this year.

“This will give stakeholders extra time to participate in the process, and it will also provide the Department of Environment and Primary Industries (DEPI) sufficient time to consider the second round of submissions,” Mr Walsh said.

Feedback on the draft Code can be emailed to DEPI via the website www.dpi.vic.gov.au

For telephone inquiries call 136186.

[BlackJaq]

There is already a massive thread on this. From what I gather, the main changes will be that breeders are supposed to become licensed, which means they can come and inspect you at any time as they know where you are, and actually enforce rules. There are already many restrictions in place which simply cannot be enforced (i.e. dog numbers, no whelping on land that is not zoned for it etc) and which are now scaring pure bred breeders shitless, and rightly so, since you will not be able to avoid these regulations any longer once they can look you up and visit any time.

NSW also has similar drafts being reviewed and I have already completed the government surveys to give my opinion on it (as per DOGS NSW recommendations) and so should everybody else who cares for pure bred dog breeding to continue other than in a large commercial facility.

Edited June 19, 2013 by BlackJaq

[Loreley]

My concern is that they do not address the puppy farm issue which is what they are suppose to be doing it for, why not just make it illegal for petshops to sell puppies & kittens?

and if taking in rescue dogs will then put you over the 'limit' that will then deem you to be a registerable business. The registration process in Victoria, I believe is hideous and expensive, if you happen to fail stage 3 you may have to start the whole process again and pay for each stage from what I can work out, but I'm still trying to get my head around all the government gobbledegook and they don't make it easy.

from what I have read so far, it basically says that its ok as long as we look the other way, this was brought up in a number of the responses.

Edited June 19, 2013 by Loreley

[sandgrubber]

1371625689[/url]' post='6230639']

A relative who lived in the USA for many years said that the

"right to bear arms" was born from the perceived need to

keep government agents off their (private)

I am honestly starting to think about leaving Australia.

Sounds like gun lobby propaganda to me. The Second Amendment to the US Constitution reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."The intent was more to protect the state than to protect people from it.Part of the support came from the slave states, where guns were useful in preventing slave revolts.

[Christina]

This is atrocious.

I am not sure that they have any legal right to just enter her property like that.

We will have no freedom or rights of any kind soon.

A relative who lived in the USA for many years said that the

"right to bear arms" was born from the perceived need to

keep government agents off their (private) property.

Council have a right to enter your property/land but RSPCA have no legal powers to enter without a warrant. Useful info on your rights in link below. UK based but same here.

http://the-shg.org/Basic%20legal%20advice%20for%20pet%20owners.htm

[Steve]

Not true.

Council and the RSPCA have the right to enter a property to check on breeders now under the current legislation.

They can ensure that the correct numbers the breeders has approval to keep is adhered to.

Sorry, Im against the new laws but it would be no different if the new codes had never been proposed.

This breeder was spotted because she breeds and rescues and she has been told all is good as long as she doesn't

end up with more dogs than she can cope with.She is one of the lucky ones. Nothing to do with the proposed new codes at all. Council and RSPCA have been moving around Victoria since the last lot came in and many breeders have been told they have to pay money to provide the necessary housing etc. Nothing new here.

[Steve]

This is atrocious.

I am not sure that they have any legal right to just enter her property like that.

We will have no freedom or rights of any kind soon.

A relative who lived in the USA for many years said that the

"right to bear arms" was born from the perceived need to

keep government agents off their (private) property.

Council have a right to enter your property/land but RSPCA have no legal powers to enter without a warrant. Useful info on your rights in link below. UK based but same here.

http://the-shg.org/B...et%20owners.htm

Not the same here in all states at all.

[BlackJaq]

Last I read, the RSPCA can enter your premises, excluding a dwelling but if they have reason to suspect an animal may be in immediate danger, they can then enter a dwelling. It has been done during the RSPCA show on TV, they literally broke into someone's house to seize their (well cared for) dog because it had a docked tail (not fresh or anything, they returned the dog after getting a bunch of money for vet checks and such).

Laws from other countries only apply to that country.

Edited June 20, 2013 by BlackJaq

[BlackJaq]

Here you go: http://www.legislation.nsw.gov.au/inforcepdf/1979-200.pdf?id=cdd097d8-009d-48a1-a284-e6f86a5ab271

Division 2 Powers of inspectors

24E Power to enter land

(1) An inspector may enter land for the purpose of exercising any function

under this Division.

(2) Despite subsection (1), an inspector may exercise a power under this

Division to enter a dwelling only with the consent of the occupier of the

dwelling, the authority of a search warrant or if the inspector believes

on reasonable grounds that:

(a) an animal has suffered significant physical injury, is in imminent

danger of suffering significant physical injury or has a life

threatening condition that requires immediate veterinary

treatment, and

(b) it is necessary to exercise the power to prevent further physical

injury or to prevent significant physical injury to the animal or to

ensure that it is provided with veterinary treatment.

So basically, as long as they claim they believed an animal was in immediate danger, they can break and enter and be within their rights. Cool, huh

[Loreley]

Here you go: http://www.legislation.nsw.gov.au/inforcepdf/1979-200.pdf?id=cdd097d8-009d-48a1-a284-e6f86a5ab271

Division 2 Powers of inspectors

24E Power to enter land

(1) An inspector may enter land for the purpose of exercising any function

under this Division.

(2) Despite subsection (1), an inspector may exercise a power under this

Division to enter a dwelling only with the consent of the occupier of the

dwelling, the authority of a search warrant or if the inspector believes

on reasonable grounds that:

(a) an animal has suffered significant physical injury, is in imminent

danger of suffering significant physical injury or has a life

threatening condition that requires immediate veterinary

treatment, and

(b) it is necessary to exercise the power to prevent further physical

injury or to prevent significant physical injury to the animal or to

ensure that it is provided with veterinary treatment.

So basically, as long as they claim they believed an animal was in immediate danger, they can break and enter and be within their rights. Cool, huh

They have to be able to be able to substantiate that threat to life in a court, so they are suppose to be very careful how and when they use it. Well that's the theory anyway.

[BlackJaq]

Yes, in theory lol

The reality is, that a lot of people would not be able to afford lengthy legal battle and would simply bend over and take what is dished out.

The RSPCA, despite what they may claim during ads begging for donations and such, are very well funded and are not afraid to use the power this money gives them.

[Loreley]

Yes I've seen that on a number of occasions, and have heard about how some of their own staff are treated.

[Jed]

Have you actually confirmed any of this first hand yet?

Councils are calling on breeders - 3 I know of. T

he legislation which is mooted restricts keeping of dog numbers to 2 or 4, according to the zoning of the land. For more information, there was a big article in the last Dog News.

Dogs Vic seems to have missed the boat again. Haven't seen any action from them.