Animal Welfare (Dogs) Regulations 2016 (Tas)

Animal Welfare (Dogs) Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Animal Welfare Act 1993 .

20 December 2016

C. WARNER

Governor

By Her Excellency's Command,

JEREMY ROCKLIFF

Minister for Primary Industries and Water

PART 1 - Preliminary

1. Short title These regulations may be cited as the Animal Welfare (Dogs) Regulations 2016 .

2. Commencement These regulations take effect on 1 January 2017.

3. Interpretation (1) In these regulations – Act means the Animal Welfare Act 1993 ; characteristics, of a dog, include the age, breed, size, physiological status and health status of the individual dog; dam, in relation to puppies, means the female dog that gave birth to the puppies; date of whelping means the date on which the first puppy of a litter is born; dog means an animal of the species Canis familiaris and includes both bitch and sire; facility includes – (a) an animal shelter, pound or pet shop; and (b) premises operated by, or on behalf of, a dog rearing, training or boarding organisation that – (i) is run for profit; and (ii) as part of its operation, accommodates dogs overnight for profit; and (c) premises operated by, or on behalf of, an organisation which has 3 or more bitches over 6 months of age, that are not desexed, and which sells dogs, other than – (i) working dogs, or hunting dogs, within the meaning of the Dog Control Act 2000 ; or (ii) dogs registered with an organisation approved by the Minister for the purposes of this definition; or (iii) greyhounds registered with Tasracing Pty Ltd (as established under the Racing (Tasracing Pty Ltd) Act 2009 ); and (d) premises operated by, or on behalf of, any other form of organisation that is primarily used for the accommodation, shelter, holding or breeding of dogs; incompatible dog – see subregulation (2) ; new owner, in relation to the rehoming of a dog, means the person – (a) to whom care or charge of the dog is permanently given; or (b) to whom the dog is otherwise sold; person in charge, in relation to a facility, includes the owner of the facility and the manager of the facility; puppy means a dog that has not attained the age of 12 months or, if the date of birth of the dog is not known, a dog that is visually assessed as not having attained the age of 12 months; registration number, in relation to a dog, means the registration number allocated to the dog on its registration under the Dog Control Act 2000 ; rehome – see subregulation (3) ; sell includes trade, give away, take consideration for, transfer ownership of and offer for sale; sire, in relation to puppies, means the biological father of the puppies. (2) For the purposes of these regulations, a dog is incompatible with another dog if, on more than one occasion, the dog interacts with the other dog in a manner that causes injury, fear or distress to that other dog. (3) For the purposes of these regulations – (a) a person rehomes a dog if the person gives care or charge of the dog permanently to another person, other than as part of a fostering program approved by the Minister, or otherwise sells the dog to another person; and (b) a dog is rehomed when, in accordance with paragraph (a) , the other person referred to in that paragraph accepts the care or charge of the dog permanently or takes possession of the dog that has been sold to the other person.