Regarding Dogs

Appendix 1 : Extract from the Animal Welfare (Care and Procedures) Regulations 2018

12 Muzzles on dogs
(1)             The owner of, and every person in charge of, a dog that is muzzled must ensure that the muzzle does not:
(a)            cause a cut that bleeds or discharges; or
(b)            cause a skin abrasion that bleeds or discharges; or
(c)            cause a swelling; or
(d)            prevent the dog from breathing normally, panting, drinking, or vomiting.
(2)             However, a muzzle that restricts panting, drinking, or vomiting may be used if:
(a)            the muzzle is used under constant supervision to prevent injury to any human or animal during veterinary treatment or handling; or
(b)            the muzzle is used by—
(i)                      an inspector or auxiliary officer while performing or exercising his or her functions, duties, or powers under the Animal Welfare Act 1999; or
(ii)                    a dog control officer, dog ranger, or warranted officer performing or exercising his or her functions, duties, or powers under the Dog Control Act 1996; or
(c)            the muzzle is used under constant supervision to facilitate handling of the dog for therapeutic purposes, including preventative treatment.
(3)             A person who fails to comply with this regulation commits an offence and is liable on conviction to a fine not exceeding $900.
(4)             The offence in sub clause (3) is an infringement offence with an infringement fee of $300.

13 Dogs must have dry and shaded shelter
(1)             This regulation:
(a)                     applies when a dog is on land or premises owned or occupied by the dog’s owner or the person in charge of the dog; but
(b)                    does not apply when a dog is temporarily tethered or confined.

(2)             The owner of, and every person in charge of, the dog must:
(a)                    ensure that the dog has access at all times to an area (a lying area) that:
(i)                      is large enough to allow the dog to stand up, turn around, and lie down in a natural position; and
(ii)                    is fully shaded; and
(iii)                  is dry; and
(iv)                  is ventilated; and
(v)                    provides the dog with protection from extremes of heat and cold; and
(b)                   ensure that the dog has access at all times to water; and
(c)                    ensure that the dog has access at all times to an area in which to urinate and defecate away from its lying area; and
(d)                   ensure that faeces or urine do not accumulate in any area in which the dog is kept.
(3)             A person who fails to comply with this regulation commits an offence and is liable on conviction to a fine not exceeding $900.
(4)             The offence in sub clause (3) is an infringement offence with an infringement fee of $300.

14 Dogs left in vehicles
(1)                                         A person who leaves a dog in a stationary vehicle must ensure that the dog does not display signs of shade-seeking behaviour, as well as 1 or more of the following signs consistent with heat stress:
(a)         excessive panting;
(b)         excessive drooling;
(c)         hyperventilation.
(2)                                         If sub clause (1) is not complied with, the owner of the vehicle, the owner of the dog, and the person in charge of the dog left in the vehicle each commit an offence and are each liable on conviction to a fine not exceeding $900.
(3)                                         The offence in sub clause (2) is an infringement offence with an infringement fee of $300.
(4)                                         For the purpose of section 162(1) of the Animal Welfare Act 1999, an inspector has reasonable cause to believe that a person has committed an infringement offence if the person is the owner of the dog or the owner of the vehicle involved in the failure to comply with this regulation.
(5)                                         In this regulation, shade-seeking means that the dog is compulsively seeking out and placing, or attempting to place, itself in the shadiest, coolest part of the vehicle that it can access.

15 Dogs on moving motor vehicles
(1)                                         The owner of, and every person in charge of, a dog transported on the open deck or open trailer of a moving motor vehicle (other than a moped, a motorcycle, or an all-terrain vehicle) on a public road must:
(a)            ensure that the dog is secured in a way that prevents it from falling off or hanging off the open deck or open trailer (for example, by using a tether or a cage); and
(b)            if the dog is secured by a tether, ensure that the tether is short enough to prevent the dog’s legs from reaching over the sides of the open deck of the vehicle or open trailer, but long enough to allow the dog to stand or lie down in a natural position.
(2)                                         Sub clause (1) does not apply when farm dogs are unsecured on the open deck or open trailer of a moving motor vehicle on a public road while involved in driving or managing livestock (for example, when moving livestock from one paddock to another that is down the road).
(3)                                         A person who fails to comply with this regulation commits an offence and is liable on conviction to a fine not exceeding $900.
(4)                                         The offence in sub clause (3) is an infringement offence with an infringement fee of $300.
(5)                                         For the purpose of section 162(1) of the Animal Welfare Act 1999, an inspector has reasonable cause to believe that a person has committed an infringement offence if the person is the owner of the motor vehicle involved in the failure to comply with this regulation.
(6)                                         In this regulation:
all-terrain vehicle means a motor vehicle (with or without motorcycle controls and equipment) that:
(a)            is principally designed for off-road use; and
(b)            has 3 or more wheels; and
(c)            has an engine capacity exceeding 50 ml; and
(d)            has a dry weight of less than 500 kg
moped, motor vehicle, and motorcycle have the same meanings as in section 2 of the Land Transport Act 1998.

47 Collars and tethers
(1)             The owner of, and every person in charge of, an animal must ensure that any collar or tether on the animal (whether on the neck or on any other part of the animal) does not:
(a)            cause a cut that bleeds or discharges; or
(b)            cause a skin abrasion that bleeds or discharges; or
(c)            cause a swelling; or
(d)            prevent the animal from breathing normally, panting, or drinking.
(2)             A person who fails to comply with this regulation commits an offence and is liable on conviction to a fine not exceeding $900.
(3)             The offence in sub clause (2) is an infringement offence with an infringement fee of $300.

51 Docking dogs’ tails
(1)             A person must not dock the tail of a dog.
(2)             The owner of, and every person in charge of, a dog must not allow the dog’s tail to be docked.
(3)             A person who fails to comply with this regulation commits an offence and is liable on conviction:
(a)            in the case of an individual, to a fine not exceeding $3,000:
(b)            in the case of a body corporate, to a fine not exceeding $15,000.
(4)             A person has a defence to a prosecution for an offence against this regulation if:
(a)            the person was a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; and
(b)            the person docked the tail of the dog for therapeutic purposes; and
(c)            the dog was given pain relief at the time of the procedure.

56 Removing dogs’ first digits (dew claws)
(1)             A person must not remove a front limb first digit (dew claw) or an articulated hind limb first digit (dew claw) from a dog of any age, unless:
(a)            the person is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; and
(b)            the dog is given pain relief at the time of the procedure.
(2)             A person must not remove a non-articulated hind limb first digit (dew claw) of a dog of 4 days of age or older, unless:
(a)                     the person is a veterinarian, or a veterinary student under the direct supervision of a veterinarian throughout the procedure; and
(b)                    the dog is given pain relief at the time of the procedure.
(3)             The owner of, and every person in charge of, a dog must not allow any of the dog’s first digits (dew claws) to be removed in breach of sub clause (1) or (2).
(4)             A person who fails to comply with this regulation commits an offence and is liable on conviction,
(a)                    in the case of an individual, to a fine not exceeding $3,000; or
(b)                   in the case of a body corporate, to a fine not exceeding $15,000.
(5)             In this regulation,
articulated hind limb first digit means a fully developed digit of the hind limb consisting of a proximal phalanx (bone) and a distal phalanx (bone), with a claw attached (which digit is commonly referred to as an articulated dew claw)

non-articulated hind limb first digit means a vestigial structure consisting of a terminal phalanx (bone), with a claw attached, that is connected to the hind limb only by skin and soft tissue (which digit is commonly referred to as a non- articulated dew claw)