Inquiry into the Domestic Animals Amendment (Puppy Farms and Pet Shops)

100 Pages·2016·1.44 MB·English

PARLIAMENT OF VICTORIA
Legislative Council
Economy and Infrastructure Committee
Inquiry into the Domestic
Animals Amendment
(Puppy Farms and Pet
Shops) Bill 2016
Parliament of Victoria
Economy and Infrastructure Committee
Ordered to be published
VICTORIAN GOVERNMENT PRINTER
December 2016
PP No 236, Session 2014‑16
ISBN 978 1 925458 60 2 (print version)
978 1 925458 61 9 (PDF version)
Committee functions
The Economy and Infrastructure Standing Committee is established under the Legislative
Council Standing Orders Chapter 23 — Council Committees and Sessional Orders.
The committee’s functions are to inquire into and report on any proposal, matter or thing
concerned with agriculture, commerce, infrastructure, industry, major projects, public
sector finances, transport and education.
The Economy and Infrastructure Committee (References) may inquire into, hold public
hearings, consider and report on other matters that are relevant to its functions.
The Economy and Infrastructure Committee (Legislation) may inquire into, hold public
hearings, consider and report on any Bills or draft Bills referred by the Legislative Council,
annual reports, estimates of expenditure or other documents laid before the Legislative
Council in accordance with an Act, provided these are relevant to its functions.
Government Departments allocated for oversight:
• Department of Economic Development, Jobs, Transport and Resources
• Department of Education and Training
• Department of Treasury and Finance
ii Economy and Infrastructure Committee
Committee membership
Mr Joshua Morris MLC Mr Khalil Eideh MLC
Chair Deputy Chair
Western Victoria Western Metropolitan
Mr Jeff Bourman MLC Mr Nazih Elasmar MLC Mr Bernie Finn MLC
Eastern Victoria Northern Metropolitan Western Metropolitan
Ms Colleen Hartland MLC Mr Shaun Leane MLC Mr Craig Ondarchie MLC
Western Metropolitan Eastern Metropolitan Northern Metropolitan
Participating member
Ms Samantha Dunn MLC
Eastern Metropolitan
Inquiry into the Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 iii
Committee staff
Council Committee’s Office
Ms Lilian Topic, Secretary
Ms Michelle Kurrle, Research Assistant
Mr Anthony Walsh, Research Assistant
Committee contact details
Address Economy and Infrastructure Committee
Parliament of Victoria, Spring Street
EAST MELBOURNE, VIC 3002
Phone [phone]
Email [email protected]
Web www.parliament.vic.gov.au/eic
This report is available on the Committee’s website.
iv Economy and Infrastructure Committee
Contents
Preliminaries
Committee functions ii
Committee membership iii
Committee staff iv
Terms of reference vii
Chair’s foreword ix
Key Finding and Recommendations xi
1 Inquiry process and referral of the Bill 1
2 Provisions of the Bill 3
2.1 The Committee’s view 4
3 Municipal Councils 9
3.1 Resourcing 9
3.2 Administrative responsibilities 14
3.3 Enforcement 15
3.4 Consultation 19
3.5 Central Database 20
3.6 Transition impact 23
3.7 Perceptions of Councils and reputation impacts 24
3.8 Consistency of implementation 25
4 Dog breeder and rescue organisations 27
4.1 Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 28
4.1.1 Government consultation prior to introduction of Bill 28
4.1.2 Intention of the Bill 30
4.1.3 Limit of 10 female dogs 31
4.2 Impact on dog breeders 35
4.2.1 Commercial breeding 35
4.2.2 Domestic/micro breeding 38
4.2.3 Reduction in availability of puppies and increase in costs 38
4.2.4 Increase in puppy farms 41
4.2.5 Loss of genetics 42
4.3 Central registry of puppy sales 43
4.3.1 Traceable animals 43
4.3.2 Pet shops 44
4.3.3 Internet sales 47
Inquiry into the Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 v
Contents
4.4 Issues for foster organisations/animal rescue 48
4.4.1 Adoption/rescue not suitable for everyone 48
4.4.2 Foster care 49
4.5 Enforcement 50
4.5.1 Current code 50
4.5.2 Application 51
4.6 A way forward? 53
4.6.1 Option 1 53
4.6.2 Option 2 53
4.7 Conclusion 54
5 Other stakeholder groups 55
5.1 Cats 55
5.1.1 Number of breeding cats 56
5.1.2 Domestic Animal Business Permits 60
5.1.3 Consultation 63
5.1.4 Other 64
5.2 Birds 65
5.2.1 Animal Sale Permits 65
5.2.2 Consultation 70
5.2.3 Other 70
Appendices
1 Correspondence 73
2 Public Hearings 77
Extracts from proceedings 79
Minority reports 83
vi Economy and Infrastructure Committee
Terms of reference
The Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 was
self-referenced by the Committee on 25 October 2016:
That, pursuant to Sessional Order 6,
1. the Economy and Infrastructure Standing Committee undertake an inquiry
into the Domestic Animals Amendment (Puppy Farms and Pet Shops)
Bill 2016;
2. the Committee reports its findings and recommendations to the Legislative
Council by 6 December 2016, and
3. that the inquiry in particular examine the likely effect of the bill on:
a. existing Victorian dog breeders, and
b. the availability of both pet and working dogs in the state of Victoria.
Inquiry into the Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 vii

Chair’s foreword
I am pleased to present the Final Report of the Economy and Infrastructure
Committee’s Inquiry into the Domestic Animals (Puppy Farms and Pet Shops)
Amendment Bill 2016 to the Legislative Council.
The Committee resolved to undertake this Bill Inquiry on 25 October.
The Report looks at the provisions of the Bill, particularly in relation to existing
dog breeders and the availability of both pet and working dogs in Victoria.
Given the short timeframe available for this Inquiry the Committee has focussed
on the key issues of concern raised by stakeholders at Public Hearings which took
place on November 9, 15 and 16.
Stakeholders at Hearings and in correspondence to the Committee were
unanimous in their support for animal welfare and for unethical breeders to be
shut down.
Of great concern to the Committee were the issues raised at Hearings and in
correspondence about the significant lack of genuine consultation on this Bill.
The development of the Bill is undermined by this lack of consultation and
engagement with stakeholders in local government, business, animal welfare and
the broader community. It is clear that the government has neglected to properly
engage with the experts in this area; those who work with domestic animals every
day and who would have been best placed to provide advice to the government
about how to protect the welfare of domestic animals.
It is particularly concerning that the Municipal Association of Victoria was not
properly consulted, given they are the peak body that represents local councils,
who have responsibility for administering and enforcing what has been described
as very burdensome legislation.
There are many other issues that were raised with the Committee that are
discussed in the body of the report, one of the most significant of which was the
lack of scientific evidence for the 10 fertile female limit on breeders.
I thank all of those who appeared before the Committee to provide advice about
the Bill.
I would also like to express my appreciation to the Hon Jaala Pulford MLC,
Minister for Agriculture, for her cooperation with the Inquiry, for appearing at
the Committee’s Hearing and for providing access to her staff for information
and advice.
Animal welfare is an important issue, as is the health of an industry that provides
many jobs to Victorians.
Inquiry into the Domestic Animals Amendment (Puppy Farms and Pet Shops) Bill 2016 ix
Chair’s foreword
For this reason, the Committee recommends that the government withdraw the
current Bill and immediately establish a stakeholder group of industry, municipal
and community representatives to consult on the drafting of a new Bill.
I thank the Committee Secretariat, Lilian Topic, Secretary and Anthony Walsh
and Michelle Kurrle, Research Assistants for the drafting of the report within a
limited timeframe and for their professionalism.
Finally I thank my colleagues on the Committee for their work on this Inquiry.
Joshua Morris MLC
Chair
x Economy and Infrastructure Committee