Please help

[Waikato]

Hello all

My friend has recently purchased a Siberian Husky approximately 1 yr old. He is not up to date with his vaccinations and has not been desexed. I have been told that the dog was sold illegally as it is not up to date with his vaccinations and is not desexed. Is this true?

Edited July 4, 2017 by Waikato

[Mrs Rusty Bucket]

I don't think so.

 

In some states - a dog must have a microchip and be at least 8 weeks old before being sold.  And basic consumer law says the dog must be healthy otherwise you're not getting what you paid for (unless they told you he had something wrong, what it was, and the price reflected that).

A lot of councils across Australia are just charging a lot extra to register undesexed (aka entire) dogs and expect you to get a "breeder's permit" even if you never intend to breed.  Not sure if this applies in NSW.

 

Given a husky is a big dog and there are risks of problems with bones and joints if you desex a dog before it is done growing - I would try to delay desexing until the dog is at least 18 months old - if you want to get it desexed.

I would get a vet to check the microchip details - and check the owner name matches the name of the seller and then get the dog transfered into the buyer's name.   If you're buying make sure you have something that says that the owner (name) is selling the dog to (new owner name).   And that owner should be able to provide the microchip details and the microchip number should match what the vet finds.

If the dog is "pedigree" - you should get documentation that proves that - and be able to verify it with DogsNSW.   And that usually grants an exemption or discount on some of the breeding rules requirements or mandatory desex rules that some councils have.   As far as I know - this is only in Victoria but I think they may have tried to introduce it in SA as well.

these are the rules for dogs in NSW.   If he's bitten someone and been declared dangerous - he should be desexed and contained properly and muzzled in public.
http://www.austlii.edu.au/au/legis/nsw/consol_act/caa1998174/
 

[karen15]

there is no legal requirement to desex or vaccinate a dog.

 

there is a requirement in most / all states to microchip dogs. Your friend can get the vet to scan for the chip if the vendor didn't give them the number. There is an Australian chip site that will tell you what register the chip is on. I forget what it's called but I found it easily.

 

ETA even if vendor gave your friend the chip number, it's always good to get the vet to check they can find the chip and the number agrees with what they were given. A health check with the vet is always a good idea when getting a new dog.

Edited July 4, 2017 by karen15

[Dogsfevr]

Not illegal,as for vaccinations depends what puppy vacs it had ,if it had those it is due for its adult vac at 15 months .

The most important thing is the microchip and ideally the paperwork 

[karen15]

I'll also add if you're in Qld, all sellers of dogs now have to have an id number, even if they are just giving the dog away.

[Pjrt]

http://dogandcatboard.com.au/news/new-dog-and-cat-laws-handy-overview

 

http://tellus.sa.gov.au/index.php/591227/lang-en

 

 

http://tellus.sa.gov.au/upload/surveys/591227/files/08RFC-private-small-HD-standards.pdf

 

things are about to change on SA 

 

[~Anne~]

Definitely not illegal in NSW. 

 

The dog must be microchipped before sale by law however. And at that age, it should also be registered. 

 

It is the sellers responsibility to also ensure the microchip details are transferred. 

[Lhok]

if this pup was sold in nsw then yes you do need to vaccinate before you sell them from the breeding dogs and cats code of practice.

  

No dog or puppy, cat or kitten may be sold unless

vaccinated in compliance with the requirements of

Section 8.2 of this Code

 

--Lhok

[~Anne~]

A code of practice is not a law.

 

There is no law in NSW that states a dog has to be vaccinated. 

 

Edited: I just had a look at the code of practice you have referred to. It's not very clear but it seems to be aimed at commercial breeding establishments and not hobby breeders. 

Edited July 5, 2017 by ~Anne~

[Lhok]

from the preface of the code of practice

  This Code is designed for everyone involved in the activity of breeding dogs and cats and has been developed to protect the welfare of the animals in their care. 

From further on in the preface:

Compliance with this Code does not remove the need to abide by the requirements of the Prevention of Cruelty to Animals Act, 1979 and any other laws and regulations, for example; the Local Government Act, 1993;the Companion Animals Act, 1998. This Code contains both standards and guidelines for the care of dogs or cats for breeding. The standards have legal effect in three ways:
• Failure to meet a standard may result in a Penalty Infringement Notice or a prosecution under Clause 20 of the Prevention of Cruelty to Animals (General)Regulation 2006.
• In more serious cases, failure to meet a standard may support a prosecution for an offence under the Prevention of Cruelty to Animals Act, 1979.


The bit I linked about vaccination is a standard practice within the code, and so therefore I thought it was against the law to sell a puppy or kitten in nsw without vaccinations and microchipping.
--Lhok

 

 

[~Anne~]

I know what you think the intent is, but its not.

 

For example, POCTA does not include or cover vaccination.

 

As I said, the document by DPI is not well written. It appears to be aimed at commercial establishments and the legislative instrument that they are using is not specific to procedures such as vaccinating puppies or kittens, but to ensuring that animals in breeding establishments will not suffer cruelty. When you have large numbers of animals, the risk of disease is far greater. Hence why vaccinations are included in the code. 

 

I can breed a litter of puppies tomorrow, and not vaccinate them, and I will not be breaking any laws.