Circular to Veterinary Surgeons - Division of Local Government ...

Department of Local GovernmentCircular to Veterinary SurgeonsCompanion Animals Act 1998Date:File No:Contact:18/3/99Dr Rebecca Larkin(02) 9793 0812larkin.r@dlg.nsw.gov.auThe NSW Government has recently introduced new legislation covering the rights andresponsibilities of owners of companion animals (cats and dogs). The Companion Animals Act1998 (the Act), replaces the Dog Act 1966.Because vets are often the first point of contact for advice by pet owners, it is important that youas a registered veterinary surgeon have accurate information about the requirements of the Act.Although the implantation of microchips for identification is not currently an act of veterinaryscience in NSW, practitioners will continue to be one of the main providers of this service.The booklet, “Frequently Asked Questions about the Companion Animals Act”, produced by theDepartment of Local Government, will be updated shortly to provide information for councilsand pet owners. You may wish to contact your local council for a copy this information, onceavailable (see also below) and provide it to your clients. Your local council may also have otherrelevant publications such as a brochure or poster.Animals that are covered:• all dogs except those listed below• cats that are born after 1 July 1999• cats that change owners after 1 July 1999.ExemptionsIt is expected that certain exemptions for registration and microchipping will be provided forgreyhounds that are registered with the Greyhound Racing Authority and for farm working dogs.Assistance animals such as guide dogs will be required to be registered but will not be chargeda registration fee. All categories of dogs are still subject to the general control requirements ofthe Act.Commencement and Transitional PeriodThe legislation will come into force in three stages with the final stage, the introduction of a newregistration system, to commence on 1 July 1999.Owners of dogs which are already registered under the annual registration system will have theoption of continuing with that system for a period of three years. As the registration year runsfrom October, this transitional arrangement will be available until 31 September 2001. After thisdate all dogs will need to be registered with the new system.Cats born after 1 July 1999 and any cats which change owners after this date must bemicrochipped and registered.Lifetime Identification (microchipping)The Companion Animals Act requires that cats and dogs are identified from 12 weeks of age orfrom the point of sale/transfer if that is sooner. The only form of identification accepted underthe Act will be by electronic radio transponder – a ‘microchip’.New South Wales Department of Local Government66-72 Rickard Road, Bankstown NSW 2200 Locked Bag 1500, Bankstown NSW 2200Tel: (02) 9793 0793 Fax: (02) 9793 0799 TTY: (02) 9707 2508Email: dlg@dlg.nsw.gov.au Web: http://www.dlg.nsw.gov.au

2The Australian Standard for microchip readers is currently being developed and should comeinto effect in the first half of 1999. It is based on the International Standards Organisation (ISO)standard. Implanters in NSW will be required to comply with the Australian Standard. However,all existing microchip systems currently in use in Australia will be recognised for thelifetime of that animal.Accreditation of Microchip ImplantersIt is proposed that all registered veterinary surgeons in NSW will be approved. Others, such ascouncils or animal welfare organisations, will be required by the new Regulation (see below) tohave appropriate training and be approved. The new Regulation will define the procedure to beused for implantation of a microchip, for example that prior to insertion of a chip, the implantermust first scan the animal with a reader or readers to assess whether a chip has already beenimplanted in the animal. Veterinarians will be issued with further advice as to the exactrequirements for microchipping once the Regulation has been passed.Implanters will be required to submit information about the animal and owner to a central point– the Companion Animals Register. Owners are responsible for ensuring that the Register isnotified of changes to this information such as change of address or death of an animal. TheAct provides penalties for failure to do this.Registering Companion Animals with the CouncilCompanion animals are required by the Act to be registered once only for the lifetime of theanimal from six months of age. Animals must be permanently identified (microchipped) beforethey can be registered. The Act allows for a discount in relation to de-sexed animals (see Feesbelow). However, it is strongly encouraged that animals are microchipped and registered at thesame time. This will mean that desexing and microchipping at 12 weeks of age followed byregistration will be the preferred option.FeesIt is anticipated that lifetime registration fees will be in the region of $100 for an entire animal,$35 for a desexed animal, $35 for an entire animal owned by a recognised breeder and $15 fora desexed animal owned by a pensioner. Owners will therefore need some sort ofdocumentation from their veterinarian that their animal has been desexed. Fees and chargesassociated with microchip implantation will not be regulated under the Act.Dangerous dogs and nuisance animalsThe Act provides for declaration of a dog as ‘dangerous’. People may also be disqualified fromowning a dog. Councils have the authority to issue nuisance orders for dogs or cats requiringthat the owner prevent anti-social behaviours such as the animal making a noise or damagingproperty.New Regulation for commentDetails of administration of the new system will not be finalised until a second Regulation ismade. The Regulatory Impact Statement outlining what is proposed is due for release shortly.Copies will be available from your local council, library or from the Department’s web site atwww.dlg.nsw.gov.au.Further Information Copies of the Companion Animals Act and Regulation are available from the GovernmentInformation Service for $8.40 per copy, ph 02 97437200 or from the web site at www.austlii.edu.au Updated copies of the Frequently Asked Questions about the Companion Animals Act will availablefrom your local council or from the Department’s web pages at www.dlg.nsw.gov.auDr Rebecca Larkin, Executive Officer Companion Animals Advisory Board, Department of LocalGovernment - 02 97930822