Animal Management (Protecting Puppies) and Other Legislation Amendment Bill 2016

Introduced: 16/2/2016By: Hon L Donaldson MPStatus: PASSED
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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill sets up a compulsory registration scheme for anyone who breeds a dog in Queensland, so authorities can find and shut down cruel puppy farms. It also modernises the Biosecurity Act — aligning animal feed rules with national standards, letting officials place restrictions on contaminated animals or materials rather than only on places, and updating the lists of banned pests, diseases and weeds. A smaller change clarifies the offence of using an animal as a 'kill or lure' to blood a hunting dog.

Who it affects

Dog breeders (including one-litter home breeders), people buying or advertising puppies, pounds and shelters, primary producers with working dogs, livestock farmers, aviary bird keepers, and industries affected by updated pest and weed lists.

Dog breeder registration

Every person who breeds a dog must register with the Queensland Government within 28 days of the puppy being born and receive a unique breeder ID number. There are exemptions for accredited breeders of approved entities (such as Dogs Queensland if prescribed) and for primary producers breeding working dogs.

  • Breeders must register within 28 days of a puppy being born or face up to about $6,090 in fines
  • A new public breeder register lets buyers check whether a seller is registered
  • Registration is free for about the first two years after the scheme starts
  • Registration can be suspended or cancelled if a breeder is charged with an animal welfare offence
  • Exemptions cover accredited breeders, primary producers with working dogs, and people prescribed by regulation

Supply and advertising of puppies

Every puppy sold or advertised in Queensland must have a 'relevant supply number' shown in the advertisement, recorded against its microchip, and given in writing to the person receiving it. This lets authorities spot puppies being supplied outside the registration scheme.

  • All dog-for-sale ads must include the breeder ID, accreditation number or exemption number
  • The supply number must be added to the puppy's microchip record
  • Suppliers must give buyers the supplier's name and supply number in writing
  • Maximum penalty of 50 penalty units (about $6,090) for each offence
  • Pounds, shelters and vet surgeries taking in strays are specifically exempt

Blooding and coursing offence

Clarifies that using a live or dead animal as a kill or lure to give a hunting dog a taste or sight of blood is an offence — whether or not the dog has been blooded before.

  • Removes any suggestion that only the dog's 'first' taste of blood is covered
  • Supports RSPCA prosecutions of blooding and coursing cruelty

Biosecurity feed bans and restrictions

Updates biosecurity laws to match national feed-ban terminology, lets the chief executive place restrictions on contaminated animals or materials independent of a place, and requires an information notice (triggering review rights) when a biosecurity order is issued.

  • Replaces 'restricted animal material for ruminants/pigs/poultry' with nationally consistent terms
  • Restrictions on contaminated animals or matter can continue after a restricted place is cleaned up
  • Maximum 800 penalty units (about $97,440) for breaching a restriction
  • Biosecurity orders must come with an information notice so recipients can seek internal review or a QCAT stay
  • Keepers of 100+ aviary birds no longer need to register if the birds aren't kept for food, eggs or free flight

Updated pest, disease and weed lists

Amends the Biosecurity Act schedules to reflect current biosecurity risks in Queensland.

  • Adds giant pine scale to prohibited matter
  • Moves fusarium wilt of banana (tropical race 4) and sugarcane stem borer to restricted matter
  • Removes small hive beetle from restricted matter (now widespread)
  • Adds nine invasive plants including Scotch broom, sagittaria and silver-leaf nightshade as category 3

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced16 Feb 2016View Hansard
First Reading16 Feb 2016View Hansard
Committee16 Feb 2016View Hansard

Referred to Agriculture and Environment Committee

Committee Findings
Recommended passage

The Agriculture and Environment Committee examined the bill, which introduces compulsory registration for dog breeders to combat puppy farms and also amends the Biosecurity Act 2014. The committee received 226 submissions, with the vast majority supporting compulsory breeder registration. The committee recommended the bill be passed, noting it strikes the right balance between animal welfare expectations and the needs of primary producers.

Key findings (5)
  • The vast majority of the 226 submissions supported compulsory registration for dog breeders to help identify and shut down puppy farms
  • The bill provides an exemption for primary producers breeding working dogs for supply to other primary producers, which attracted both support from working dog associations and concern from animal welfare groups about potential loopholes
  • The committee considered fundamental legislative principles issues regarding reverse onus of proof provisions and the breadth of regulation-making power in the bill
  • Animal welfare organisations including the RSPCA, Animal Liberation Queensland and others called for strong enforcement measures
  • The bill also amends the Biosecurity Act 2014 with consequential and minor changes
Recommendations (1)
  • The committee recommends that the Bill be passed.
AI-generated summary — may contain errors
Committee Report28 Apr 2016

Committee report tabled

Second Reading12 May 2016View Hansard
13 members spoke12 support1 mixed
11.55 amMs DONALDSONSupports

As Minister for Agriculture and Fisheries, introduced and championed the bill as delivering on the government's election commitment to shut down cruel puppy farms through a compulsory breeder registration scheme.

Doing nothing is not an option. We have listened to the people of Queensland and this government is committed to protecting the welfare of breeding dogs and their puppies.2016-05-12View Hansard
12.01 pmMr BENNETTSupports

As committee deputy chair, supported the bill while noting concerns raised by local governments about administrative burden, enforcement costs and the need for further consideration of working dog exemptions for contractors and retired farmers.

It is acknowledged that it was a government election commitment to introduce a compulsory registration scheme for dog breeders and for the display of the breeder ID number in advertising and recording the breeder registration ID number against the dog's microchip.2016-05-12View Hansard
12.13 pmMr BUTCHERSupports

As committee chair, strongly supported the bill as striking the right balance between animal welfare expectations and the needs of primary producers, emphasising the scheme would give unethical puppy farms nowhere to hide.

This bill unapologetically targets those breeders who have no regard for the health and wellbeing of their animals and subsequently aims to reinstate confidence in legitimate dog breeders in Queensland.2016-05-12View Hansard
12.24 pmMr PERRETTSupports

Supported the bill from his perspective as a primary producer and former local government councillor, welcoming the working dog exemptions but expressing concern about enforcement costs being shifted to local government.

I am pleased that a sensible and workable outcome has been achieved, with the recognition of the position of legitimate and responsible breeders and primary producers.2016-05-12View Hansard
3.01 pmMr MADDENSupports

Supported the bill as delivering on the government's election commitment, emphasising the compulsory registration scheme would provide tools to combat cruel puppy farms while exempting genuine working dogs.

The registration obligation for a person who breeds and supplies a dog is a necessary requirement to stop the abuse of man's best friend and will make sure that puppy farms can be tracked and located.2016-05-12View Hansard
3.08 pmMs LEAHYMixed

While supporting the intent to shut down puppy farms, strongly criticised the narrow working dog exemption as failing to cover drovers, stock and station agents, retired primary producers, contract musterers and livestock trucking companies, arguing the bill does not strike the right balance for the agricultural sector.

This bill when understood from a practical livestock working dog and agricultural perspective does not strike the right balance between meeting the expectations of welfare and the needs of the agricultural sector.2016-05-12View Hansard
3.16 pmMrs GILBERTSupports

Supported the bill as fulfilling the government's election commitment, emphasising the compulsory registration scheme would provide lifelong traceability for every dog and give puppy farms nowhere to hide.

Doing nothing is not an option. We have listened to the people of Queensland and this government is committed to protecting the welfare of breeding dogs and their progeny.2016-05-12View Hansard
3.20 pmMiss BARTONSupports

Supported the bill while paying tribute to the Animal Welfare League of Queensland in her electorate, and encouraged the minister to ensure there are no unintended consequences for animal shelters.

Ultimately we need to be able to ensure that when Queensland families go and buy a puppy or a dog for their household they can have absolute confidence not only in the breeder and the lineage of the puppy or the dog they are purchasing but also that through the purchase they are not unwittingly endorsing cruel practices against animals.2016-05-12View Hansard
3.25 pmMr KINGSupports

Supported the bill as delivering on the government's election commitment, emphasising the compulsory registration scheme would give unethical puppy farms nowhere to hide while exempting genuine working dog breeders.

It came out loud and clear from the community that there is an expectation that the dog breeders will care for their dogs properly.2016-05-12View Hansard
3.27 pmMr LASTSupports

Strongly supported the bill from his experience as a former police officer who had accompanied RSPCA staff on searches of illegal puppy farms, while noting concerns about the scope of working dog exemptions.

In my former role as a police officer I had occasion to accompany RSPCA and council staff on searches of premises which were operating as illegal puppy farms. The conditions that existed at many of those premises defied words.2016-05-12View Hansard
3.31 pmMr FURNERSupports

Supported the bill, highlighting his personal connection through being patron of Whiskey's Wish, an organisation that trains care dogs for PTSD sufferers.

A dog is a man's best friend, and that is why I am standing here today to commend this bill to the House.2016-05-12View Hansard
3.33 pmMr SORENSENSupports

As a committee member, supported the bill while emphasising the benefits of dog identification and registration for both animal welfare and practical community management.

There are a lot of benefits in tagging and microchipping animals at the end of the day. A lot of people might not think that, but it certainly does make life a lot easier for the people out there who have to go and pick these dogs up.2016-05-12View Hansard
3.43 pmMrs FRECKLINGTONSupports

Supported the legislation while calling on the minister to take on board complaints from sections of the working dog community who may be adversely affected by the regulation, including retired farmers and contract musterers.

We all agree that puppy farms and those who profit from having large numbers of breeding dogs kept in poor conditions should be shut down.2016-05-12View Hansard
In Detail12 May 2016View Hansard
Third Reading12 May 2016View Hansard
Royal Assent25 May 2016

Sectors Affected

Classified using AGIFT/ANZSIC Australian government standards