Intro
The State Government is committed to the implementation of the provisions in the Dog Amendment (Stop Puppy Farming) Act 2021 (SPF Act), which will deliver on the following initiatives announced ahead of the 2017 State Government election to:
The SPF Act amends the Dog Act 1976 (Dog Act) to:
Local governments will have the tools to deal with irresponsible dog breeders, improve animal welfare and encourage responsible dog ownership through public awareness. This includes the establishment of an online CRS to improve dog management.
Amendments to the Cat Act 2011 (Cat Act) also ensures that information relating to cats are recorded in the CRS. This will have the effect of merging all cat and dog registers which are currently maintained by local governments, into the CRS.
This Consultation Regulatory Impact Statement will outline proposed amendments to the Dog Regulations 2013 (Dog Regulations) and Cat Regulations 2012 (Cat Regulations) to achieve the policy objectives brought about by the SPF Act and to address current issues in the administration of the legislation. This includes proposed regulations that involve the functionality of the CRS.
Some sections of the SPF Act have already been proclaimed and appear in the Dog Act and the Cat Act, however, those that are not yet proclaimed appear only in the SPF Act at this time. In this Consultation Regulatory Impact Statement, where a reference is made to a section of the Dog Act or the Cat Act, this reference is the section that is amended or introduced by the SPF Act and does not refer to the section of the SPF Act itself.
The Department of Local Government, Sport and Cultural Industries (DLGSC) invites local governments, stakeholders, and members of the community to consider the proposals and provide feedback.
The feedback received will inform the:
A separate Consultation Regulatory Impact Statement will be published in the coming months to seek feedback on new and existing fees and charges to be prescribed in the regulations.
Submissions can be made through the links below, emailed to puppyfarming@dlgsc.wa.gov.au or posted to:
Stop Puppy Farming — Consultation on regulationsPO Box 8349Perth Business Centre WA 6849
Complete your submissions online:
Consultation closes 5pm 20 November 2023.
Submissions will be treated as public documents unless explicitly requested otherwise. A summary of feedback will be released publicly after the consultation period has closed.
If you do not consent to your submission being treated as a public document, you should mark it as confidential, or specifically identify the confidential information, and include an explanation.
Please note, even if your submission is treated as confidential by the DLGSC, it may still be disclosed in accordance with the requirements of the Freedom of Information Act 1995 (WA) or any other applicable written law.
The DLGSC reserves the right to redact any content that could be regarded as racially vilifying, derogatory or defamatory to an individual or an organisation.
The SPF Act was passed by Parliament in December 2021.
The SPF Act removed the requirements under the Dog Act 1976 (Dog Act) for pet or retired racing greyhounds to be muzzled in public places. The muzzling requirement still applies to registered racing greyhounds and all greyhounds are still required to be kept on a lead in public areas.
The SPF Act also brought about the following changes which are yet to commence:
To implement these changes, the DLGSC is undertaking further consultation with local governments to develop amendments to the Dog Regulations and Cat Regulations and inform the functionality of the CRS.
The Consultation Regulatory Impact Statement will outline key issues, proposals for amendment of the Dog Regulations and guiding questions. It will also indicate the level of economic impact of the proposal as outlined in the following key:
Note: where the regulatory proposal relates to a formally announced election commitment and is considered to have economically significant impacts, consultation and assessment will only need to focus on implementation options rather than the policy rationale for the election commitment.
Under section 26E of the Dog Act, all dogs must be sterilised by 2 years of age, unless they are exempt. The registration period for unsterilised dogs will change to annual registrations only. Registration periods for sterilised dogs will remain the same with annual, 3-year and lifetime registration options available.
The SPF Act deleted section 20(2) of the Dog Act which provided that regulations may prescribe that a tattoo appearing on a dog may be accepted by a local government as proof that the dog has been sterilised.
Regulation 20(3) of the Dog Regulations provides that the fee payable in respect of the registration of a dog must be assessed at the appropriate concessional rate for a sterilised dog if:
Under regulation 20(4) of the Dog Regulations, a sterilisation tattoo must consist of a broken circle having a diameter of not less than 8mm, with a bisecting broken line not less than 15mm in length.
The SPF Act inserted section 26F of the Dog Act which provides that regulations may deal with any matter in relation to the identification of a dog as sterilised, including prescribing manners in which dogs may or must be identified as sterilised
Section 18 of the Dog Act outlines the requirements of a dog registration tag, including that the tag must be a colour which corresponds to the registration period for which the dog is registered. Section 18 also provides that the requirements of dog registration tags may also be prescribed in regulations.
Regulation 24 of the Dog Regulations currently requires a registration tag to indicate:
Local governments will be required to enforce the mandatory sterilisation provisions. Strategies are required to assist visual identification of dogs that are sterilised that are not cruel to dogs. Evidence of sterilisation is required to obtain a concessional rate of registration.
Amendments to the Dog Regulations are proposed:
Low economic impact. Administrative proposal. Evidence of sterilisation is currently required by local governments to receive concessional rates for registration.
Section 26E(3) of the Dog Act provides that a dog that has reached the prescribed age of 2 years is exempt from sterilisation if any of the following applies:
In considering possible classes of dogs that should not be subject to mandatory sterilisation, factors that could be considered include the health and welfare of dogs and the broader public interest.
Which classes of dogs should be exempt from the mandatory sterilisation provisions, and why?
There could be a sterilisation exemption for dogs owned by a breeder who has died. This exemption would provide some time for the executor of the breeder’s estate to transfer/sell the dogs.
Dogs in areas that have limited access to vet services could also be exempt.
Low economic impact.
Submit feedback on topic 1: Sterilisation of dogs
The Dog Act requires pet shops that sell dogs to obtain a ‘pet shop approval’ from their local government.
Approved pet shops must supply dogs sourced from a refuge organisation or dog management facility that has obtained a ‘dog supply approval’ from the State Government.
Local governments will be responsible for assessing pet shop approval applications from pet shops in their district. Local governments will also be responsible for cancelling pet shop approvals when necessary.
Section 8(3)(1) of the SPF Act sets out the definition of ‘relevant pet shop business’ to mean a business, or part of a business, that is conducted at, in or from a shop and involves supplying, or offering to supply, dogs.
What classes of business should be prescribed as not being considered a ‘relevant pet shop business’?
Dog breeders will be a class of business prescribed as not being a ‘relevant pet shop business’.
Section 38C(1) of the Dog Act provides that a person who intends to conduct, or conducts, a relevant pet shop business must apply to their local government for the grant of an approval for the pet shop or the renewal of the pet shop approval for the pet shop.
An application for the grant (or renewal) of a pet shop approval must comply with the requirements under section 54A, namely, it must be made in a manner and form approved by the local government CEO, contain prescribed information, be accompanied by the prescribed fee (if any) and comply with other prescribed requirements.
What information should be prescribed in an application for pet shop approval?
How records are kept.
Indicate (yes/no, if yes, what) whether any relevant convictions under the Dog Act, Cat Act or Animal Welfare Act 2002 (Animal Welfare Act), or equivalent convictions from another jurisdiction/the Commonwealth.
Include declaration not a refuge operation, dog management facility or any other prescribed prohibition regarding pet shop.
Note: this proposal only applies to dogs, not cats.
An application for the renewal of a pet shop approval must comply with the requirements under section 54A of the Dog Act, namely, it must be made in a manner and form approved by the local government CEO, contain prescribed information, be accompanied by the prescribed fee (if any) and comply with other prescribed requirements.
What information should be prescribed in relation to a renewal of a pet shop approval?
No current proposal at this stage regarding other prescribed requirements. Unspecified impact.
Section 38D of the Dog Act sets out the circumstances in which a local government may refuse to grant or renew a pet shop approval. These include where the local government is satisfied that at least one of the following applies:
Prescribed circumstances to allow a local government to refuse, grant or renew a pet shop approval.
No current proposal.
No current proposal. Unspecified impact.
Section 38E of the Dog Act provides that a local government may cancel a pet shop approval if the person who has been granted the approval requests the cancellation or if the local government is satisfied that:
What circumstances should be prescribed to allow a local government to cancel a pet shop approval?
No proposal at this stage.
Under section 54D of the Dog Act, if a local government grants an approval to breed or a pet shop approval to a person, the local government must:
If a local government renews a pet shop approval held by a person, the local government must give the person a certificate containing the prescribed information.
Prescribed information for certificate in relation to a grant of a pet shop approval and renewal of a pet shop.
Note: if conditions are to be included on the certificate, there needs to be a prompt for the issue of a new certificate when/if the conditions are modified outside of renewal.
Low economic impact. Administrative in nature.
Section 54B of the Dog Act provides that as soon as practicable after a local government makes a decision to grant or refuse to grant an approval to breed or a pet shop approval, or to renew or refuse to renew a pet shop approval, the local government is to enter the decision and the prescribed information in the CRS.
A local government is to ensure that the information recorded is updated to reflect:
Prescribed information for recording in the CRS for the purposes of a pet shop approval.
Section 54F of the Dog Act provides that a person who has been given notice under section 54E of the Dog Act of a decision by a local government (which includes certain decisions relating to pet shop approvals) may, within 28 days after the day on which the person was given the notice, object in writing to the decision.
The objection is made by preparing it in a form approved by the CEO and containing the information prescribed and lodging it with the local government in a manner approved by the local government.
Prescribed information in the form for a person to object to a decision of a local government in relation to a pet shop approval.
Prescribed information could include:
Questions regarding eligibility:
Questions regarding substance:
Note: consider Form 8 of the Cat Regulations.
Low economic impact. Administrative proposal.
Section 38I of the Dog Act provides that a person who conducts a relevant pet shop business must ensure that:
Prescribed information for person who is supplied a dog (about the person who supplied the dog to the relevant pet shop business):
Prescribed information for person who is offered a dog (about the person who supplied the dog to the relevant pet shop business):
Section 38K(2) of the Dog Act provides that a person who conducts a relevant pet shop business must keep, in relation to each relevant dog, a record that:
Section 38K(4) provides that if the regulations prescribe a time within which a record referred to in subsection (2) must be made, the record must be made within that time.
Section 38K(3) of the Dog Act provides that the person must keep the record, even if the person ceases to conduct the relevant pet shop business:
What information will pet shop businesses be required to keep in relation to each dog and in relation to the person who supplied the dog to the business?
Prescribed information about the dog:
Under section 38L of the Dog Act, a local government may request a person who conducts or has conducted a relevant pet shop business, the pet shop for which is or was located in the local government’s district, to provide the local government with any record, information or evidence the person is required to keep under section 38K of the Dog Act. The local government may take extracts from, or make copies of, any record, information or evidence provided.
A request by a local government to provide information must specify the time within which the record, information or evidence must be provided to the local government.
A person must comply with a request made by local government within the time specified in the request or, if another time is agreed between the local government and the person, within that time.
Should a time be prescribed for the making of a record?
Should a manner be prescribed for the keeping of a record?
Information about the person who supplied the dog to the pet shop:
The Explanatory Memorandum states the prescribed way in which records must be kept will be determined in consultation with relevant pet shop businesses (and prospective dog suppliers).
Note: Regulations 46 and 47 of the Domestic Animals Regulations 2015 (Vic).
Section 65 of the Dog Act set out below, relates to the transition period for the commencement of the requirement for pet shops to acquire their dogs only from accredited dog suppliers.
From what date (after commencement) should pet shops be required to acquire their dogs only from accredited dog suppliers?
Propose commencement of the requirement for pet shops to exclusively source their dogs from dog suppliers to generally align with the commencement of the approval to breed offence provisions (approximately a year and a half ‘grace’ period).
Submit feedback on topic 2: Pet shops
Section 38N of the Dog Act provides that refuge organisations or dog management facilities must obtain a ‘dog supply approval’ from the State Government if they wish to supply dogs to approved pet shops.
The State Government will be responsible for assessing dog supply approval applications from refuges and dog management facilities and cancelling dog supply approvals when necessary.
Section 38O of the Dog Act provides that a person conducting refuge operations or operating dog management facility may apply for dog supply approval.
An application for the grant or renewal of a dog supply approval must comply with the requirements under section 38O(2), namely, it must be made in a manner and form approved by the CEO, contain prescribed information, be accompanied by the prescribed fee (if any) and comply with other prescribed requirements.
What further circumstances should be considered in granting or renewing a dog supply approval?
Section 38P(2) of the Dog Act provides that the CEO may refuse to grant a dog supply approval only if the CEO is satisfied that at least one of the following applies:
What circumstances should be prescribed to allow a department CEO to refuse to grant or renew a dog supply approval?
Under section 38Q of the Dog Act, the CEO may cancel a dog supply approval granted to a person only if the person requests that the CEO cancel the approval or the CEO is satisfied that:
What further circumstances should be considered in cancelling the registration of dog suppliers, to ensure the genuine supply of stray, abandoned, seized, or surrendered dogs and puppies to pet shop businesses.
Under section 38R of the Dog Act, within 7 days after the day on which the CEO makes one of the following decisions, the CEO is to give to the applicant for, or holder of, the approval to which the decision relates written notice of the decision and the reasons for the decision:
The Dog Regulations may provide for the review by the SAT of a decision of the CEO referred to above and may provide for the effect of a decision to be suspended while a right of review exists, or a review is underway.
What review process should be prescribed for a decision about dog supply approvals?
Review process:
In the case of cancellation, or imposing/amending a condition on the approval, the decision is suspended, and the approval continues as if the decision has not been made until the SAT determines the matter, or the SAT orders the effect of the decision should not be suspended.
Note: there is no power for the CEO to hear an objection to a decision regarding a dog supply approval.
Under section 38S(1) of the Dog Act, the CEO must, as soon as practicable after the CEO makes a decision to grant or refuse to grant a dog supply approval, enter the decision and the prescribed information in the CRS.
The CEO is to ensure that the information recorded under section 38S(1) is updated to reflect:
Section 38T of the Dog Act requires the holder of a dog supply approval to, within 7 days after the day on which the holder becomes aware of a change to any of the information prescribed under section 38S(1) in respect of the dog supply approval, give notice in writing of the change to the CEO.
What information is to be prescribed regarding a dog supply approval?
Consider information that a holder of a dog supply approval will need to advise the CEO when the information changes (section 38T of the Dog Act).
Section 38U of the Dog Act provides that if the CEO grants a dog supply approval to a person, the CEO must:
The CEO may give a person who holds a dog supply approval a new certificate if the CEO is satisfied that the person’s certificate has been stolen, lost, damaged, or destroyed.
What information should be prescribed for a certificate of dog supply approval?
Prescribed information:
Note: the certificate could be sent through the CRS.
Section 38N of the Dog Act provides that the holder of dog supply approval must not supply a dog to a relevant pet shop business unless the supplier has obtained, in respect of the dog, a certificate issued by a vet regarding the health assessment of the dog and that outlines the prescribed information in relation to the health status of the dog.
What information should be included in a health assessment of a dog?
Note: information regarding complaints about not providing a health assessment could be collected in the CRS.
Section 38V of the Dog Act provides that a person who holds a dog supply approval must keep, in relation to each dog supplied by the person to a relevant pet shop business, a record that:
The person must keep the record, even if the person ceases to hold the dog supply approval:
If the regulations prescribe a time within which a record must be made, the record must be made within that time.
Section 38W of the Dog Act provides that the CEO may request a person who holds or has held a dog supply approval to provide the CEO with any of the following:
The CEO may take extracts from, or make copies of, any record, information, evidence, or document provided. A request made by the CEO must specify the time within which the record, information, evidence, or document must be provided to the CEO.
What information will dog suppliers be required to keep in relation to each dog?
What information will dog suppliers be required to keep in relation to the person who supplied the dog to the business, and the dog’s history?
The explanatory memorandum states: The prescribed way in which records must be kept will be determined in consultation with relevant refuge operations and dog management facilities.
This would need to be within the control of the dog supplier, for example within x days of the information being supplied.
Submit feedback on topic 3: Dog supply approval
A dog owner will be required to obtain an approval to breed dogs in the following circumstances:
For example, if a dog is under 2 years of age and unintentionally breeds, the owner must apply for an approval to breed. If the dog gives birth without the owner holding an approval to breed, the owner commits an offence under section 26L of the Dog Act, unless, among other things:
An ‘approval to breed’ will be a one-off application. When granted, it will apply to all dogs, current and future, owned by that person while they reside in that district, unless otherwise cancelled.
The ‘approval to breed’ will enable local governments to:
The owner of a dog that is ordinarily kept in the district of a local government may apply to the local government for the grant of an approval to breed dogs under section 26I of the Dog Act.
Under section 54A of the Dog Act, an application for the grant of an approval to breed must:
Under section 26J(2), a local government may refuse to grant an approval to breed only if the local government is satisfied that at least one of the following applies:
Under section 26J(3), an approval to breed is subject to any conditions the local government:
Section 13A(5) of the Dog Act provides that regulations under section 54 may deal with any matter relating to the CRS, including (without limitation) its establishment, maintenance, and accessibility (including its accessibility to the public).
What information should be prescribed (as opposed to approved information) in an application for approval to breed?
What other requirements should be prescribed?
Prescribed information
Breed of dogs to be bred:
Description and/or photos of facilities, including whether access to facilities specify details, including acknowledgement by owner of facilities.
Indicate (yes/no, if yes, what) whether any relevant convictions under the Dog Act, Cat Act or Animal Welfare Act or equivalent convictions from another jurisdiction/the Commonwealth.
Include declaration:
Section 26L(1) of the Dog Act provides that if the owner of a dog does not hold an approval to breed, the owner of the dog must ensure that the dog does not give birth.
Section 26L(3)(b) of the Dog Act provides that it is a defence to a charge under section 26L(1) to prove that the dog belongs to a class of dogs prescribed.
Section 6(4) of the Dog Act provides that the provisions of the Dog Act do not apply to or in relation to a dog that is kept for the purposes of the Crown.
Which class of dogs should be prescribed for the purpose of the owner not being required to hold an approval to breed dogs?
Breeders of Crown dogs such as police dogs could be prescribed as not being required to hold an approval to breed.
No (firm) proposal at this stage. Unspecified impact.
Under section 26J(2) of the Dog Act, a local government may refuse to grant an approval to breed only if the local government is satisfied that at least one of the following applies:
Section 26K provides that a local government may cancel an approval to breed that the local government granted to a person only if the person requests that the local government cancel the approval or the local government is satisfied that:
Section 54A(2) provides a local government that receives an application may require the applicant to give the local government, within a specified time, any document or information that the local government requires to determine the application and may require the applicant to verify the information by statutory declaration.
Under subsection (3), a local government may refuse to consider an application if the applicant does not comply with a requirement under subsection (2) within the specified time.
What further circumstances should be prescribed in refusing or cancelling an approval to breed?
Further circumstances for refusing an application for an approval to breed could include:
Section 54B of the Dog Act provides that as soon as practicable after a local government makes a decision to grant or refuse to grant an approval to breed, the local government is to enter the decision and the prescribed information in the CRS.
A local government is to ensure the information recorded is updated to reflect:
Section 54C provides that notice of change to information the holder of an approval to breed must, within 7 days of becoming aware of a change to any of the information prescribed under section 54B notify the change to the local government.
What information should be prescribed for recording and updating in the CRS?
Section 54D(a) of the Dog Act provides that if a local government grants an approval to breed or a pet shop approval to a person, the local government must give the person a certificate containing the prescribed information.
Prescribed information in the certificate for an approval to breed.
Note: applications for approval to breed can only be accepted from individuals, not persons.
Prescribed information should include:
Section 54F of the Dog Act provides that a person who has been given notice under section 54E of a decision by a local government may, within 28 days after the day on which the person was given the notice, object in writing to the decision.
Prescribed information in the form for a breeder to object a local government decision regarding an approval to breed
Low economic impact. Administrative provision to support a judicial right that is provided for in the Dog Act.
Submit feedback on topic 4: Approval to breed
Section 21 of the Dog Act requires that an owner of a dog that has reached 3 months of age must ensure that the dog is microchipped, unless exempt.
Under section 24 of the Dog Act, a microchip implanter who implants a microchip in a dog must, within 7 days after the microchip is implanted, give notice in writing in the form, if any, prescribed of the information prescribed to the microchip database company for that dog.
Section 26D of the Dog Act provides that if there is a change to any of the information prescribed under section 24 in respect of a dog, the owner of the dog must, within 7 days after the day on which the owner becomes aware of the change, give notice in writing of the change to the microchip database company for the dog, if the change is to the information prescribed under section 24.
Currently, the information to be given by microchip implanter to a microchip database company includes (regulation 25 of the Dog Regulations):
What information should a microchip implanter give to a microchip database company?
To include dog owner number as prescribed information.
This initiative may increase the possibility of tracing a puppy to its breeder.
Dogs that have reached 3 months of age and cats that have reached 6 months of age must be microchipped by a qualified microchipped implanter. The qualifications for microchip implanters are set out in the Dog Regulations and Cat Regulations.
Local governments may see a need within their district and may be interested in upskilling rangers and staff to become qualified microchip implanters. Through being able to provide the microchipping service, local governments could encourage compliance with the microchipping requirements under the Dog Act and Cat Act.
Need for local government rangers and/or staff to become qualified microchip implanters.
Provide opportunity for rangers and local government staff to become qualified microchip implanters.
Regulation 9(2) of the Dog Regulations prescribes the qualifications for microchip implanters:
Many qualifications for microchip implanters have been superseded.
The following are proposed additions to the qualifications for microchip implanters from the Department of Training and Workforce Development website:
This proposal would also be relevant for Regulation 7 of the Cat Regulations.
Note: the proposed additional qualifications do not replace superseded qualifications. The superseded qualifications will continue to be recognised as acceptable qualifications.
Submit feedback on topic 5: Microchipping
The Dog Act and Cat Act requires the establishment of a CRS.
All existing dog and cat registers in WA that are currently maintained by local governments are to be merged into the CRS.
Owners will be able to apply to register their dogs and cats, supply documentation and make payment online.
Local governments will be responsible for approving applications and confirming the registration.
Section 15 of the SPF Act replaces section 14 of the Dog Act by requiring local governments to keep a record of registered dogs in the CRS.
Section 16(1BA) of the Dog Act requires that the form of application approved must require the applicant to provide certain information. This includes the dog owner number (DON) if the owner of the dog has been issued with a DON.
What information should be prescribed for recording and updating in the CRS for the purposes of dog registration?
Determine prescribed information about each dog registered into the CRS at application, and renewal since section 14 was deleted and replaced.
The prescribed information could include:
Section 13B of the Dog Act provides that all dog owners (including a person of a prescribed class) are to be given a ‘dog owner number’. This unique number will be available through the CRS. Regulations made under section 54 may also deal with any matter relating to DONs and may require a person to have a DON before transferring ownership of a dog to another person.
The system will need to generate DONs for existing owners migrated into the system that is ‘go live’ at commencement.
The system will need to generate DONs that can assist with identifying different users and facilitate dog registrations.
For general dog management, DONs need to be generated by CRS when:
To assist with monitoring, enforcement and/or consumer protection, the following classes of dog owner are proposed:
Under section 14(2)(b) of the Dog Act, local governments are to keep record of applications for dog renewal or registration which have been refused by the local government in the CRS.
To determine prescribed information for input into the CRS about applications for dog registration that have been refused/not renewed.
Section 16(6) of the Dog Act provides that on effecting or renewing any registration, the registration officer shall deliver to the applicant:
What information should be prescribed in the registration certificate?
As a result of the SPF Act, lifetime registration is not possible for unsterilised dogs and therefore, the current certificate of registration requires updating.
As a result of the SPF Act, the certificate could be delivered via the CRS.
The certificate could include:
Note: CRS needs to provide for lifetime registration for existing unsterilised dogs. The certificate of registration should be recorded on the applicant’s account and/or emailed to the applicant.
Section 8 of the Cat Act provides that the owner of a cat that is ordinarily kept in the district of a local government may apply to that local government for the grant or renewal of the registration of the cat.
Section 8(2)(a) of the Cat Act provides that an application for the grant or renewal of the registration of a cat is to:
Amendment to Cat Regulations in relation to registration as a result of SPF Act.
As a result of the amendments, Form 1 will become an approved form, which affects other regulations that refer to Form 1. This includes regulation 11 (Application for registration) and regulation 21 (Application for approval to breed cats). The numbering of forms in Schedule 1 of the Cat Regulations will also need to be amended.
Regulation 13 (changes in registration) may be amended to provide further clarification on the process to notify changes given the use of the CRS.
Submit feedback on topic 6: Dog and cat registrations
Under section 13A(4) and (5) of the Dog Act, where anything under this Act is required or permitted to be done in a manner approved by the CEO or a local government, the manner approved by the CEO or the local government may, without limitation, involve the use of the CRS.
Regulations under section 54 of the Dog Act may deal with any matter relating to the CRS, including (without limitation) its establishment, maintenance, and accessibility (including its accessibility to the public).
Section 54(2C) of the Dog Act provides that the regulations may:
Note: section 62 of the Dog Act and 88 of the Cat Act have already been proclaimed. These sections describe the transitional provisions for the CRS. This includes that the CEO may establish and maintain the CRS before commencement day and may record any information the local government is required to record in a register and may cause or permit information to be transferred to the CRS.
Matters to be prescribed regarding the maintenance and accessibility of the CRS (including accessibility to the public/third parties).
Accessibility, transparency, and accountability needs to be balance with privacy for users of the CRS, which may include:
Under section 41A of the Cat Act, the department CEO must establish and maintain an electronic database or system in which information relating to cats can be recorded (the CRS). The department CEO and each local government is to:
Regulations may deal with any matter relating to the CRS, including (without limitation) its establishment, maintenance, and accessibility (including its accessibility to the public).
What information should be prescribed for recording in the CRS to facilitate the management of cats?
Proposed information to be recorded in the CRS to facilitate the management of cats at premises:
Section 13A(2)(a) of the Dog Act provides that the CEO of each local government is to:
Section 13A(5) of the Dog Act allows for regulations (under section 54 of the Dog Act) to deal with any matter relating to the CRS, including (without limitation) its establishment, maintenance, and accessibility (including its accessibility to the public).
What information should be prescribed for recording into the CRS that balances the time required to provide information (and updated information) with maximising compliance in dog management in the public interest?
Information to be recorded in CRS to facilitate the management of dogs at premises:
Information to be recorded in CRS to facilitate the management of dangerous dogs:
Section 45A(1) provides that regulations may provide for a modified penalty for an offence:
The current offences to which a modified penalty applies are specified in column 2 of the table under regulation 33 of the Dog Regulations. Notices are currently served to the alleged offender by way of Form 8 (infringement notice) of the Dog Regulations.
Amendments to regulations 34 and 35 of the Dog Regulations are proposed to:
The regulations will provide for modified penalties for the following additional offences:
Section 16AA of the Dog Act provides that an appointment of an owner’s delegate must be in a prescribed form.
Regulation 22 of the Dog Regulations provides for an appointment to be in the form of Form 4; however, the prescribed Form 4 is to be deleted and become an approved form.
Note: a dog owner may provide details of an owner’s delegate during the application of a dog registration (see topic 6.1). However the proposed separate form is to allow dog owners the option of appointing a delegate at a later date.
The owner’s delegate form, which is prescribed, will need to be separate from the registration form.
Modify the prescribed form to provide for an owner’s delegate appointment form:
Section 16A of the Dog Act provides that if the ownership of a dog, other than a dangerous dog, is transferred to another person, the registered owner must, within 28 days after the transfer, notify the local government with which the dog is registered, in a manner and form approved by the CEO of:
To provide for the notification of a change in dog ownership to assist with dog management.
Delete regulation 23 of the Dog Regulations.
Notification of a change in ownership is to be in an approved form.
Include an email address for the new owner.
Section 26H(1) of the Dog Act provides that a person who offers a dog as being for sale or otherwise available for transfer of ownership must include the following information in the offer or in any advertising material in respect of the dog:
Section 26H(2) of the Dog Act also provides that a dog must not be transferred to another person unless the transferor provides the transferee with:
Section 26H(3) provides that this section does not apply to a greyhound that is registered under section 41 of the Racing and Wagering Western Australia Act 2003 while the registration is in effect.
Matters to be prescribed regarding advertising material for the transfer and sale of dogs.
Note: consider RSPCA Guidelines for the Online Advertising of Pets (PDF 2.4 MB).
Section 27(4) of the Dog Act provides that a licence to keep an approved kennel establishment may be granted by a local government on an application made in a manner and form approved by the local government, which may be required to be supported by evidence that due notice of the proposed use of the land has been given to persons in the locality, and where notice is required to be given the local government shall have regard to any objections raised.
Subsection (5) states that a licence under this section has effect for a period of 12 months, and is renewable upon payment of the prescribed fee, but may be cancelled at any time by the local government if the local government is dissatisfied with the conduct of the establishment.
Approved kennel establishments require time for data integration and consideration for the CRS as these licenses appear to be determined by council on a district basis and depend on local laws.
Not proposing to include the licensing assessment for approved kennel establishments within the CRS currently.
Matters for inclusion in the CRS:
Section 29(4AA) of the Dog Act provides that an authorised person may enter premises and seize and detain a dog that is required to be, but is not sterilised if the entry is under a warrant issued under subsection (5C).
Section 29(5C) provides that if a justice of the peace is satisfied that there are reasonable grounds to believe that a dog is required under the Dog Act to be sterilised but is not, the justice of the peace may issue a warrant authorising any authorised person to enter any premises and seize and detain the dog.
Amendments to regulation 15, Form 2 and Form 3 of the Dog Regulations.
As part of the implementation phase to comply with the changes to the legislation, the DLGSC will provide educational material and further engagement with local governments to assist local governments with enforcement and compliance with the requirements under the legislation. Engagement activities will provide insights on support and materials that may be required during this phase.
Training, upskilling or enforcement assistance for rangers and local government staff.
Local government alerts, factsheets, and guidance notes to be provided to stakeholders advising of the of changes to legislation and stakeholder responsibilities.
Submit feedback on topic 7: Miscellaneous