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

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

Justice & Rights Environment Business & Economy Regional Queensland

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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

How this affects you

Justice & Rights

•Cruel puppy farms can be found and shut down by making every dog breeder register with the stateClause 11 (new s 43E)Requires a person who breeds a dog to apply for breeder registration within 28 days after the dog is born, with a maximum penalty of 50 penalty units.
•If you use a live or dead animal as a kill or lure to blood a hunting dog, it's now clearly an offence whether or not the dog has been blooded beforeClause 4Amends s 32 of the Animal Care and Protection Act 2001 so it does not matter whether the dog has previously tasted or seen the blood of the animal or of another animal.
•If a biosecurity order is made against you, you'll now get a written notice explaining your rights to internal review and a QCAT stayClause 62Requires an authorised officer to give an information notice with every biosecurity order, triggering review rights under the Act.

Environment

•Contaminated livestock or biosecurity matter can be restricted even if they've left the affected propertyClause 48 (new s 162A, 162C)Allows the chief executive to declare a designated animal or designated biosecurity matter to be restricted if it could pose a biosecurity risk, independent of a restricted place.
•Giant pine scale is added to the banned 'prohibited matter' list to protect Queensland's pine forestsClause 68Inserts giant pine scale (Marchalina hellenica) in the list of prohibited matter affecting plants.
•Nine invasive plants including Scotch broom, sagittaria and silver-leaf nightshade are added to the restricted weeds listClause 69Adds asparagus fern, bridal veil, cane cactus, Eve's pin cactus, flax-leaf broom, Montpellier broom, sagittaria, Scotch broom and silver-leaf nightshade as category 3 invasive plants.
•Small hive beetle is removed from the restricted list because it's now widespread and has limited impact on honey productionClause 69Omits small hive beetle (Aethina tumida) from restricted matter affecting animals.

Business & Economy

•If you breed dogs (even one litter at home), you must register with the state within 28 days or face fines of up to about $6,090Clause 11 (new s 43E)Breeder registration obligation with a maximum penalty of 50 penalty units.
•Every puppy advertisement must include the breeder's ID number, and the number must be recorded against the puppy's microchip and given to the buyer in writingClause 11 (new ss 43Z, 43ZB, 43ZC, 43ZF)Suppliers and advertisers must know the dog has a relevant supply number, include it in advertisements, and give it in writing to the buyer — each carrying a 50 penalty unit maximum.
•Animal feed definitions are being aligned with national standards, making it easier for Queensland feed producers and livestock farmers to comply with one set of rules across AustraliaClause 31 (new ss 45A, 45B)Replaces 'restricted animal material for ruminants' and 'restricted animal material for pigs and poultry' with nationally consistent terms 'restricted animal material' and 'prohibited feed for pigs and poultry'.
•Keepers of 100 or more aviary birds (not kept for food, eggs or free flight) no longer have to register as a biosecurity entityClauses 39-41 (new s 135A)Limits the registration trigger to 'designated birds' — captive birds kept for human consumption, egg production or that have been released for free flight.

Regional Queensland

•Primary producers who breed working dogs for farm use won't have to register as dog breeders, but need an exemption number if they later sell the dog as a petClause 11 (new ss 43E(3)(b), 43ZG)Exempts primary producers who breed a dog from a working dog to use as a working dog or supply to another primary producer, and provides an exemption number pathway if the dog is later supplied for non-working purposes.
•Sugarcane, banana and nursery growers get updated protection — fusarium wilt of banana and sugarcane stem borer are moved to restricted matter category 1Clause 69Adds fusarium wilt of banana (Fusarium oxysporum f. sp. cubense tropical race 4) and sugarcane stem borer (Chilo spp.) to restricted matter affecting plants.
•Local councils keep their role inspecting breeders, supported by new information-sharing powers and access to the breeder registerClauses 18, 26 (new ss 173B, 207B)Allows local government officers appointed under the AMCD Act or ACP Act to inspect the breeder register, and allows the chief executive to share information with local government chief executive officers.

Bill Journey

Introduced16 Feb 2016

First Reading

Committee

Committee Report28 Apr 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent25 May 2016

Sectors Affected

Agriculture Veterinary Public Health Criminal Law Retail

Classified using AGIFT/ANZSIC Australian government standards

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

Plain English Summary

Overview

Who it affects

Dog breeder registration

Supply and advertising of puppies

Blooding and coursing offence

Biosecurity feed bans and restrictions

Updated pest, disease and weed lists

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Roles & Offices

Sectors Affected

Source Documents