NSW Draft Companion Animals Regulation Review

“This Act covers responsibilities for pet owners and breeders in relation to registering and identifying companion animals, general responsibilities of dog owners and provisions for dogs declared to be dangerous as well as restricted dogs’ breeds. However, matters of animal welfare are not covered by the Act. The Minister for Primary Industries is responsible for seeking to ensure the broader welfare of all animals including cats and dogs under the Prevention of Cruelty to Animals Act 1979 (POCTA), which is administered by the Department of Primary Industries (Animal Welfare Branch).

The Regulation provides for the permanent identification of companion animals, their registration and the regulation of dangerous and restricted dogs. It also provides for other miscellaneous matters, such as registration fees and those offences for which penalties notices could be issued.

The key objectives of the companion animals regulatory framework are to:

• provide effective and responsible care and management of companion animals
• safely return lost animals to their homes
• keep the community and other animals safe
• reduce the number of animals admitted to pounds and shelters
• reduce the proportion of animals that are euthanised.”

“There are three key proposals for change in the Regulation to be further tested during this public consultation period:

• changes to registration fees reflecting annual inflation adjustments;
• extending the definition of eligible pound or shelter operator to allow animals adopted from rescue groups to access subsidised registration fees; and
• increases in penalty notice offences to reflect inflation and reduce the high rate of offending in relation to certain offences.”

“The current and Draft Regulation have been designed to give effect to particular provisions of the Act that seek to ensure that responsibilities for pet owners and breeders in regards to identifying, registering and managing companion animals (pet cats and dogs), and provisions for dogs declared to be dangerous as well as restricted dog breeds.

The objectives of the Draft Regulation remain the same as the Companion Animals Regulation 2008. These are to make provisions with respect to:

1. the permanent identification of companion animals (providing the mechanism for the return of a companion animal to its rightful owner and supporting enforcement action under the Act through identification of the owner of a companion animal)
2. the registration of companion animals (for efficiency and consistency across the state in the management of the registration scheme for companion animals in support of the provisions in the Act)
3. the Register of Companion Animals (the Register)
4. the regulation of dangerous or restricted dogs (providing protection to members of the general public from attacks by dangerous and restricted dogs)
5. the fees payable for registration of animals and penalty notice offences.

Overall, the key objectives of the Draft Regulation can be seen as to provide:

• legislative support and administrative detail for the operation of the Act
• clear requirements relating to:
• the manner in which animals have to be identified, the identification process, the persons authorised to identify animals and the identification information that has to be provided for a companion animal
• enclosures for dangerous or restricted dogs and distinctive collars for dangerous, menacing or restricted dogs
• a framework for adequate oversight of companion animals’ management.”