Breeders and Selling of Dogs
Anyone who breeds dogs or cats for sale, barter or exchange (receiving some other benefit for puppies or kittens) must register as a Breeder on Dogs and Cats Online.
This isn’t limited to pedigree breeds, and includes people whose dogs or cats have accidental litters. If you sell, barter or exchange puppies and/or kittens you have bred, you must have a Breeder Registration Number (BRN). Your BRN must be listed in any advertisement you post, when selling a dog or cat and certain information must be supplied to the potential buyer.
A person will be taken to have bred a dog or a cat in any of the following circumstances:
- Provides semen or ova used to breed the dog or cat
- Provides any assistance (however described) in the course of breeding the dog or cat
- Provides facilities used in the course of breeding the dog or cat
- Fails to take reasonable steps to prevent the impregnation of another dog or cat
- Fails to take reasonable steps to prevent the impregnation of their dog or cat.
So some scenarios could be:
- Dog has had a litter, puppies are given away to a rescue/shelter who on sell puppies once microchipped, etc. – No need to register as a breeder but the rescue/shelter must give potential buyers your details
- Dog has had a litter, puppies are given away to a rescue/shelter who on sell puppies once microchipped, etc. but you receive a service in exchange eg Assist with Desexing of your dog – you must register as a Breeder and the rescue/shelter must provide your BRN to potential buyer
- Dog / Cat is pregnant and given to rescue/shelter and puppies/kittens are born whilst in the care of the rescue / shelter – they must register as a Breeder and then supply potential buyers with a BRN.
To avoid accidental litters, please talk to your vet about desexing your dog or cat.
Sale or sell is defined in the Act and it includes possessing a dog or cat for the purpose of sale, auction, barter or exchange. Sellers of dogs or cats are also required to comply with the South Australian Standards and Guidelines for the Breeding and Trading Companion Animals which sets out welfare standards and guidelines for dogs and cats.
Upon the sale of any dog or cat the buyer must be provided with a statement setting out: name/address of the seller; name/ address of each breeder and the breeder registration number (if known)/ details of the date and who carried out microchipping and/or desexing procedures; details of any exemptions granted and details of any medical conditions known.
A dog or a cat must be microchipped before it is sold. If it is has not been sold, dogs and cats older than 12 weeks of age must be microchipped, or microchipped within 28 days of taking possession, or before an extension has expired. A dog or cat must be desexed by 6 months of age, or within 28 days of taking possession, or before an extension has expired. Desexing only applies to dogs and cat born after 1 July 2018.
Breeder registration on Dogs and Cats Online provides owners with a historical record and link to the breeder of the dogs and/or cats they have purchased. This allows for consumer rights to be exercised if required. Breeder registration, and the linking to lifetime dog and cat microchip registration, also allows authorities to understand where dogs and cats are being bred and that welfare standards and breeding practices are being upheld, including the breeding from temperamentally sounds dogs and cats.
For more information go to http://www.dogandcatboard.com.au/breeders/
Dog Control Orders and Expiation Fees
Dog Control Orders
Council has the ability to issue various dog control orders with the aim of removing risk or altering behaviour. Requirements of orders vary and reflect the actions required to ensure a previous incident is not repeated. Failure to comply with a Dog Control Order is an offence.
Barking Dog – Barking Dog Orders are applicable for dogs that cause a nuisance and have created noise by barking or otherwise in circumstances that would constitute an offence.
Requirements of a barking dog order – All reasonable steps are to be taken to prevent the dog repeating the behaviour again.
Nuisance Dog – Nuisance Dog Orders are applicable for dogs that persistently escape and are at large, are allowed to wander or perhaps consistently bother someone.
Requirements of a nuisance dog order – The dog must be registered and kept inside of in a fenced yard approved by an Animal Management Officer and must be on a lead at all times when in public. The owner must ensure that the dog cannot repeat the behaviour again.
Menacing Dog – Menacing Dog Orders are applicable for dogs that behave in a manner that a reasonable person would think the dog would attack, harass or chase if given the opportunity. The dog has not caused harm but the potential to cause harm is real and evident.
Requirements of a Menacing dog order – The dog must be microchipped, registered and wear a dangerous dog collar at all times. It must be kept inside or in a fenced yard and on a lead and muzzled when in a public place. The owner must ensure the dog cannot repeat the behaviour again.
Dangerous Dog – Dangerous Dog Orders are applicable for dogs that have caused harm and pose a threat to the public. This order is to be applied where a dog has been found to have attacked and is considered dangerous.
Requirements for a Dangerous Dog order – The dog must be desexed, microchipped, registered and wear a dangerous dog collar at all times. A dangerous dog warning sign must be displayed prominently at all entrances to the property. The dog must be kept inside or in a fenced yard and on a lead and muzzled when in a public place. The dog and owner must successfully complete an approved training course specific to the Order and the owner must ensure the dog cannot repeat the behaviour again.
Destruction – Destruction orders are applicable for dogs that have caused significant harm and that are likely to do so again. The act refers to such dogs as being “unduly” dangerous. The public threat posed by such dogs is unacceptable.
Requirements of a Destruction order – The dog is to be destroyed and until destroyed must be kept at a place approved by Council.
Wandering at Large - Dogs that wander on the streets or in public areas without an owner present are referred to as dogs “wandering at large.” These dogs cause a nuisance, are often distressed, may cause property damage and may attack or harass people or other animals. In some cases they cause road accidents resulting in injury to the dog and on occasion to vehicle occupants. All of which becomes the responsibility of the owner of the dog.
There are many reasons why a dog wanders including behavioural traits for example looking for a mate or simply poor fencing at home or a gate left open by a visitor. In most instances if the dog is registered it can be returned to its owner. It also assists identification if your dog wears a collar with registration disc and has a nametag with your mobile phone number.
For the purpose of managing animals within the community, Council staff are required to issue Expiation Notices in accordance with the requirements of the following:
All fees associated with offences against the Dog and Cat Management Act 1995 are determined by the state government and reviewed annually. Councils do not set or have input into the fee structure.
Examples of common expiation fees for 2018/19:
- Owner of an unregistered dog - $170
- Owner of dog wandering at large - $210
- Dog or cat not microchipped - $170
- Certain dog or cat to be desexed - $170
- Dog in school premises - $315
- Owner of or responsible for dog causing nuisance by barking - $315
- Owner or responsible for a dog which attacks or harasses a person or animal - $315
Some offences, such as unregistered dog, may result in subsequent expiation notices being issued if the offence has not been rectified.
Disputing an Expiation Notice
If you believe the expiation issued is incorrect, unfair or where there is a legitimate reason for the offence you may lodge a dispute.
Should you intend to lodged a dispute, must be done in writing prior to the due date on a signed Statutory Declaration Form - State of South Australia - Oaths Act 1936 with supporting evidence.
How to Pay your Expiation Notice
Payment of an expiation notice may be made in full:
- in person - with cash, credit card, cheque or money order at the Kadina office
- by post - by cheque or money order
- by phone - by MasterCard or Visa Card.
Failure to Pay your Expiation Notice
A reminder fee/late payment fee will be added to any expiation if payment is not received by the due date.
Failure to pay an expiation may result in the expiation being referred to the State Government - Fine Enforcement and Recovery Unit (FERU).
Once the outstanding expiation notice has been referred to FERU, Council has no further control against the expiation and all contact must be made direct with FERU. 1800 659 538.
FERU adds enforcement fees to the expiation. Should the fine continue to be ignored and remain outstanding, FERU has the authority to suspend the responsible person’s driver’s licence.
Further information can be found at http://www.fines.sa.gov.au/
Dog Attacks and Harassment
Dog owners are responsible for their dog’s actions. It is an offence for a dog to attack, harass or chase a person, another animal or a bird owned by a person.
Harassment - is defined as a dog troubling or annoying a person without being the primary cause of physical injury i.e. the dog may chase a person or animal but not bite them.
Attack - is defined as a dog acting with force or harmfully resulting in physical injury such as bruising, puncture wounds or laceration.
Preventing Dog Bites
Dogs bite for many reasons. The most common reasons are fear, pain or confusion when mixing with people and other dogs. Ignoring signs of aggression can result in serious injury to you, a member of your family or others.
You can discourage biting by:
- Socialising your dog from an early age so that it learns how to mix with other dogs and other people in public
- Avoiding situations that may cause your dog to become nervous or anxious
- Training your dog - obedience classes help you learn about your dog, its body language and how you can communicate with it
- Desex your dog– research shows that desexed dogs are less aggressive and territorial.
- Asking your vet for advice if your dog shows any signs of aggression towards people.
Preventing Dogs Attacking
Dogs bite for many reasons. The most common reasons are fear, pain or confusion when mixing with people and other dogs. Ignoring signs of stress and aggression can result in serious injury to you, a member of your family or others.
You can keep your dog happy and safe by:
- Socialising your dog from an early age so that it learns how to mix with other dogs and other people in public
- Avoiding situations that may cause your dog to become nervous or anxious
- Training your dog – dog training classes help you learn about your dog, its body language and how you can communicate with it
- Desex your dog - research shows that desexed animals are less aggressive and less inclined to wander (note that mandatory desexing applies to all dogs born after 1 July 2018)
- Attending dog obedience classes
- Asking your vet for advice if your dog shows any signs of aggression.
Dog attacks are more likely to happen when a dog is wandering – either having escaped or being permitted to roam free. A dog that is wandering could attack from being in fear, pain or confusion. As a responsible dog owner you can prevent your dog from being involved in an attack by:
- Ensuring your fences, and gates are suitable to keep in your dog
- Walking your dog on a lead whenever in a public place
- Having effective control* of your dog when in an off leash area and having a leash handy if needed
* Effective Control means that the person responsible for the dog can voice control their dog in a manner that ensures the dog will obey.
For more information on being a good dog owner, visit GooddogSA.
Reporting an Incident
After a dog attack, you should seek medical or veterinary treatment as a priority.
All dog attacks should be reported to the relevant Council as soon as possible to prevent further incidents. You can contact our Animal Management Officer on (08) 8635 2107. Please note that if you contact Council’s after hour service, all information will be documented and someone will contact you within 24 hours.
Barunga West Council is committed to the thorough and transparent investigation of all reports of dog attack and harassment and an enforcement response that aligns with Council policy. Your cooperation is sought to ensure that the best possible outcome can be achieved following an incident of dog attack or harassment.
Many dog attacks go unreported because people consider them minor. Even the most minor attacks need to be reported as this could be an indication of future concerns.
When an attack or harassment is reported it is likely that you will be asked to provide/describe the following:
- Date, time and location of the attack
- A description of the offending dog – colour, breed, name, distinguishing features, collar
- A description of the responsible person if involved – height, weight, hair colour, age, sex, name, address, contact number
- Address/location where the dog came from
- Description of car (if involved) – colour, make, registration
- Any additional photos of injuries to animal or person
- Copy of medical documentation.
This information ensures Council identifies the correct dog responsible in the situation.
What can Council do?
Council will investigate all reports of dog attacks and harassment. Depending on the severity of the attack, Council can:
- Issue a warning
- Impose an on the spot fine
- Take direct court action (in more serious cases)
- Impose a Control Order (eg Nuisance, Dangerous Dog, Menacing Dog, or Destruction Order)
Further information can be found on the Dog and Cat Management Board Aggression Fact Sheet.
Barking is a natural way for dogs to communicate. However excessive or persistent barking can be a nuisance to neighbours. Different people have different tolerance levels for barking, what one person considers a nuisance may not be a nuisance to someone else.
Barking can occur when a dog is:
- or in discomfort.
Excessive barking may also result from lack of exercise, inadequate shelter or yard space, moving house or a change to the family’s structure. A dog may also bark to give a warning, seek its owner’s attention, protect its territory, announce the arrival of visitors or respond to a distant sound or signal.
Before you make a complaint to Council we suggest you try and work this through with your neighbour. Dog owners may not be aware that their dog is barking or that there’s a problem because their dog mainly barks when they are away from home. Communication between neighbours and early intervention often helps in preventing the issue escalating. When talking to your neighbour it is helpful to have some information of the barking problem, such as when the barking happens and any factors that contribute to the barking such as the postman riding past, or someone walking past the house.
What is Nuisance Barking?
Nuisance barking is barking noise that disrupts or inhibits an activity ordinarily carried out on adjoining or nearby residential premises, such as holding a conversation or sleeping.
To make a formal complaint, you may report the issue to our General Inspector on 8828 1200 between 9:00am and 5:00pm Monday to Friday. Please be aware that Council will require your support to take the matter any further.
In the first instance the owner of the dog will be notified in person or phone to advise of the complaint about their barking dog. If the issue persists you will be required to complete a Barking Dog Diary. These will be provided on request. On receipt of a completed Barking Dog Diary an Authorised Officer will assess the behaviour of the dog from this diary and work with the owner to resolve the problem; most owners are willing to work with Council to find ways to stop their dog barking.
If the barking continues, then a full investigation is conducted, including barking diaries to neighbours and if the problem persists, expiation notices may be issued or a Nuisance Barking Order may be placed on the dog, legally making the owner responsible to take steps to reduce the barking.
I've been told my dog barks, what can I do?
The first step is working out the cause of the excessive barking. Council suggests you 'pretend' to leave home. Follow your normal routine, park your car down the street out of distance for your dog to smell or hear you and listen to see if your dog is barking.
Exercise is usually the easiest resolution to a barking dog. A tired dog will not bark if it’s sleeping. Regular exercise tires your dog easily; adding in some extra training activities to your walk such as sit and drop will wear your dog out mentally as well as physically. If your dog barks during the day, try walking in the morning. Another alternative suggested is to break up your walks and if you generally go on a 40 minute walk, try 20 minutes in the morning and 20 minutes in the afternoon.
Boredom can be a big factor in barking dogs. Try giving your dog a chew toy containing food, or try some stimulating dog toys that keeps the dog working for their treats. Big meaty bones will also be the highlight of your dog’s day as they find a place to bury it once they’ve finished munching on it.
If your dog is barking at every disturbance outside your yard, try blocking your dog’s view so they can’t see beyond the fence or secure your dog inside or in the backyard, away from distractions. Consider keeping your dog inside at night to stop him from barking at the wildlife at night.
Another suggestion is getting in a professional trainer to help your dog and find a solution to its barking. Some useful contacts are:
- Bark Busters - 1800 067 710 www.barkbusters.com.au
- Positive Dog Training - 0418 886 698 https://positivedogtraining.com.au/
Note: The use of electric shock training methods, including shock collars, is illegal in South Australia under the Animal Welfare Act.
Change to Family Structure
Family changes can disrupt and upset a dog’s perception and how it fits into the family structure. Changes can include marital separation, marriage or the arrival of a new baby. The dog may view new arrivals as a threat to its position in the family which could result in aggressive behaviour and resentment. Owners need to take firm but loving action so the dog understands and accepts the family addition and its new position in the family. It is important that the dog understands a new baby will hold superior position in the family and it’s advisable that you never leave the dog alone with a baby. A death or separation in the family can cause the dog confusion and insecurity resulting in behavioural problems. Dogs have the capability to mourn a missing family member and will bark, howl or whimper as a way of dealing with the loss. Comfort and reassurance is required to help a dog through times of a family reduction.
Further information can be found on the Dog and Cat Board A Excessive Barking Fact Sheet
Dogs Wandering At Large
A dog is also considered to be 'wandering at large' if the dog is in a public or private place (eg CBD, outside your premises on Council road or someone else's private property without the consent of the occupier) and nobody is exercising effective control of the dog by means of a physical restraint or command when the dog being in close proximity to the person where the person can see the dog at all times.
If a dog is found in a public or private place without the consent of the occupier and nobody is exercising effective control over the dog, it is considered to be ‘ wandering at large ’ (an offence under the Dog and Cat Management Act ).
Further information can be found on the Dog and Cat Board Wandering Dogs Fact Sheet
Fees and Charges
Please refer to Council's Fees and Charges for all fees associated with a dog found wandering at large.
Fees may include:
- Seizure fee
- First day impound fee
- Subsequent day(s) impounding fee
- If a wandering dog unregistered it is required to be registered prior to release.
- All fees are required to be paid prior to release of the animal.
If you have lost your pet, Council encourages you to also contact:
- RSPCA on 1300 477 722
- Your local vet
- Neighbouring Council's
- Check social media lost and found pet pages
For further information can be found on this website or you can contact Council's Animal Control Officer on (08) 88281 200.
Emergency and Useful Contacts and Numbers
Animal Welfare League (AWL)
- (08) 8348 1300
- 1300 477 722
Dog and Cats Online www.dogsandcatsonline.com.au
- Search for Lost Animals = tag/registration number or microchip number required.
Local Animal Shelters
Local Veterinary Clinics
- YP Vets - (08) 8821 3350
- Seaside Vet Surgery - (08) 8823 3233
Social media sites
- Lost Pets www.lostpetfinders.com.au