This post is taken from a Dogs NSW Special Notice

Animal Justice Party – Companion Animals Amendments (Puppy Farm) Bill 2021 Update

The following information has been submitted by the DOGS NSW President
and Media & Government Legislation Committee.
Special mention goes to Ms Deirdre Crofts for her summary of the changes.

While the Labor Party amendments provide some “concessions” over the draconian measures in the original Puppy Farm Bill, essentially the Bill is not fit for purpose and it is clearly mis-named as it has no content that will capture the current or future non-compliant activities of companion animals breeders where their animals exist in sub-standard conditions.

How alarming to hear the leader of the Labor Party, Mr Chris Minns, in the radio interview with Ray Hadley on 17 November 2022, say that he didn’t think the Bill would pass through the Upper House, even with his Party’s amendments!

Following is a summary of changes:-

1. Only applicable to dogs and cats
2. Assistance dog requirements included
3. Microbreeders allowed up to five (5) breeding dogs or cats
4. Working dogs exempted from compliance
5. Must register as a Companion Animal Breeding Business when there are six (6) or more breeding females owned (including guardian homed dogs)
6. Local Council fees fixed at cost
7. Five (5) litter limit per breeding female
8. Heritable defect and related by blood to be defined by regulation (no Regulations have been drafted)
9. Staffing ratio of one (1) per twenty-five (25) animals
10. Pet shops to sell dogs and cats from rehoming organisations and approved breeders.
    (NB: DOGS NSW Breeders must not supply their puppies to pet shops for sale/rehoming)
11. Minister has power to approve Microbreeders and Companion Animal Breeding Business
12. Minister has power to approve exemption of Applicable Industry Associations and Pet Shop Proprietors
13. Recreational breeders [six (6) to ten (10) breeding female dogs or cats] exempted from compliance when a member of an applicable organisation
14. Approved commercial breeders must be inspected annually by an enforcement officer
15. Commercial breeders limited to fifty (50) breeding female dogs or cats

Unfortunately, there are still many restrictions that could impact some DOGS NSW “Commercial” breeders, ie, desexing male dogs at six (6) years old, restricted breeding of animals “related by blood”, etc. Much of the Bill is still a duplication of measures already in place under POCTAA 1979 and CAA 1998, but with far greater penalties imposed and excessive enforcement powers that exceed the powers of NSW Police and pose a real risk to a person’s privacy. The lack of drafted Regulations to support the Bill leaves many gaps and too much scope for bureaucratic “flick of a pen” without stakeholder consultation.

The Bill was voted on in Parliament on Wednesday 16 November 2022 and the voting results of the Legislative Council Minutes No 149-Wednesday 16 November 2022 – Companion Animals Amendments (Puppy Farms) Bill 2021, are as follows:-

Question put: That the Opposition amendments Nos.1-10 on sheet c2021-150K and Opposition amendments Nos.1-14 on sheet c2022 be agreed to.

The House divided:-
Ayes 18
Noes 17
Majority 1

The “Ayes” were:-
Boyd, Butttigieg (teller), D’Adam (teller), Donnelly, Faehrmann, Field, Higginson, Hurst, Jackson, Moriarty, Moselmane, Nile, Pearson, Primrose, Searle, Secord, Sharpe & Veitch

Noes were:-
Amato, Banasiak, Barrett (teller), Borsak, Farlow ( teller), Farraway, Franklin, Latham, MacDonald, Maclaren-Jones, Mallard, Martin, Mitchell, Poulos, Roberts & Ward

BE SURE YOU SUPPORT THE “NOES” WHO VOTED AGAINST THE BILL.

The Parliament of New South Wales – Hansard Extract can be viewed here.

Members should consider those results in respect of who they should write to or vote for.

In short, this is now scheduled for 28 February 2023 sitting. Members can peruse the Business Paper which will be considered on 28 February 2023 here.

Members must still work on all those politicians in their electorates, regardless of what Party they are, and pledge your votes to those who are against this Bill. The relevant email addresses and names were contained previously in the Weekly Woof and can be accessed again here.

Lastly, our Media Publicist has been in contact with the Journalist, Damon Cronshaw of the Newcastle Herald who has published an article on the Bill which includes a strong message from DOGS NSW to reinforce our concerns. The article can be viewed here.