Frequently Asked Questions . REGISTRATION AND MICROCHIPPING Do all dogs have to be microchipped? Will microchipping hurt my dog? What if my dog is too old to be microchipped? What if my dog is already microchipped?  Why do I have to register my dog as well as have it  microchipped? How much will lifetime registration cost? Is there any reduction in registration fees for old  dogs? Are there any refunds on registration fees? Does my farm working dog have to be registered? Can my dog loose its exemption to be microchipped  and lifetime registered? Who will have access to my registration  information? What happens if I move house? 2. RIGHTS AND RESPONSIBILITIES What are my responsibilities as a dog owner? What should I do when exercising my dog?  What if my dog gets lost?  Does my dog have to be desexed? 3. PENALTIES AND POWERS What happens if I don’t register my dog? Can I be fined if my dog walks into my neighbour’s yard? Will I be fined if my dog barks? Can someone else remove my dog from my property? What can a council officer do to enforce the legislation? 4. BUYING, SELLING AND BREEDING What should I do if I sell or give away my dog? If I want to breed from my animal, what should I do? Companion Animals Act 1998 FREQUENTLY ASKED QUESTIONS In 1998 the NSW Government introduced new legislation covering the rights and responsibilities of the owners of companion animals, including  cats and dogs. This new legislation, the Companion Animals Act 1998, replaces the Dog Act 1966. It introduced new registration and identification requirements  for cats and dogs and brought in tough new controls on dangerous dogs. The aim of the new legislation is to protect the rights of animals and their owners in balance with the rights and needs of others in the  community. 1. REGISTRATION AND MICROCHIPPING Do all dogs have to be microchipped? All dogs born, or who have changed owners, since the 1 July  1999 have been required to be microchipped and lifetime registered. However, dogs already registered under the Dog Act could continue to be registered  annually until 2002 to allow time for everyone to change over to the new system. One of the aims of the new system is to help reduce the number of lost or stray dogs which are unnecessarily put to sleep every year in NSW.  In order to do this it is essential that owned and unowned animals are readily  identifiable so that they can be promptly returned to their owners or new homes  can be found. Collars can be lost or removed and tattoos can be changed, but microchipping is a once-only form of identification which is designed to last for an animal’s lifetime. The introduction of compulsory microchipping ensures that all owned animals have a means of permanent identification which cannot be lost or tampered with. Will microchipping hurt my dog? Microchips are tiny  (about the size of a grain of rice) and can be inserted under the skin between the shoulders of a dog. Improvements in  the design of microchips means that the chip is unlikely to move from the place where it is inserted. The process is similar to receiving immunisation injections and  is generally less distressing for the animal than a vaccination. If you have concerns about your dog you should discuss options, such as use of a local  anaesthetic, with your vet. An operation is not required and your animal should not experience any ongoing discomfort. Microchips are inert and do not put out any signal of their  own. Councils and other relevant people, such as vets and animal welfare  organisations, are able to read the microchip by passing a scanner over the animal. Your local veterinarian will be able to microchip your dog, or you may choose to go to another authorised identifier, local animal welfare  organisation or to take part in a “microchipping day” which might be organised by your local council. The identifier will set the price of microchipping, and  you may be able to shop around to find a discounted price. Permanent identification by microchip is a standard procedure  employed and promoted by the Royal Society for the Prevention of Cruelty to Animals (RSPCA), the Animal Welfare League (AWL) and the Royal NSW Canine Council. What if my dog is too old to be  microchipped? Microchipping will not harm your dog even if it is old or in poor health. The process is similar to receiving immunisation injections and  is generally less distressing for the animal than a vaccination. If you have concerns about your dog you should discuss options, such as use of a local  anaesthetic with your vet. An operation is not required and your dog should not experience  any ongoing discomfort. What if my dog is already microchipped? Thousands of companion animal owners in NSW have already taken advantage of the benefits of permanent identification by having their animals microchipped. If you are one of these owners then all you need to do is provide evidence that your dog has been microchipped in order to register your pet. This  could be the original documentation from when the dog was microchipped or a signed statement from a vet or other authorised identifier stating that they have scanned the dog and quoting the microchip number. Why do I have to register my dog as well as have it  microchipped? Although microchipping provides an excellent form of identification, it is only the first step to registering your dog. Just as when dogs were only required to wear tags, registration means a lot more than just identification. When your dog is registered under the Companion Animals Act it is provided with all the protection and regulation that the NSW government and  your local council provide. Councils are also responsible for ensuring that companion animals and their owners coexist with other members of the community who chose not to own dogs. The Act provides councils with a range of powers and  responsibilities to achieve this, as is detailed in other parts of this document. By registering your dog you can help to make sure that both  your pet and your community have the benefit of information, assistance and regulation to ensure that their rights and needs are protected. How much will lifetime registration cost? Registration fees are set by the Companion Animals Regulation  1999. Currently, the fees are: Entire (undesexed) cat or dog $100 Entire cat or dog owned by a registered breeder $35 Desexed cat or dog $35 Desexed cat or dog owned by a pensioner $15 Trained assistance animals such as seeing eye or hearing dogs  are required to be microchipped and registered but there is no registration fee  charged. Greyhounds which are registered with the Greyhound Racing  Control Board are not required to be microchipped or registered. Any Greyhounds  not registered with the Greyhound Racing Control Board will be required to be microchipped and registered in the same way as any other dog. Is there any reduction in registration fees if my  dog is old? During the final phase of the transition period older dogs can be lifetime registered at a reduced rate. From 1 September 2001 to 30 September 2002 if an owner can prove that their dog: (i) is 10 years of age or older, and (ii) is registered under the Dog Act, or if from interstate, that the dog is currently registered in the state from which they have come then they can lifetime register that dog for the desexed registration fee regardless of whether the dog is desexed or not. That  is, during this period the lifetime registration fee will be: General Rate $35 Pensioner Rate $15 Owners will need to provide proof that their dog is 10 years of  age or older by means of: (i) the dog’s date of birth or age being recorded on their Dog Act receipt/renewal notice, or (ii) a signed letter/certificate from a registered vet, or (iii) a signed statutory declaration as the owner of the dog. Owners should note that there is a penalty of up to $550 for providing false or misleading information in relation to your dog’s  registration. Are there any refunds on registration fees? Under the new Act, registration is a once-off process for the  lifetime of the animal. As a result it is not possible to obtain a refund if,  for example, you have your dog desexed after it is registered, or if your dog  dies soon after registration. Does my farm working dog have to be  registered? Farm working dogs used primarily for the purpose of droving, tending, working or protecting stock (and dogs being trained to be working dogs)  are exempt from the microchipping and registration requirements. However, these dogs are valuable animals and owners are  encouraged to have their dogs microchipped and registered for the dog’s own  protection. Can my dog loose its exemption to be microchipped  and lifetime registered? There are a number of animals which may be permanently or  temporarily exempt from microchipping and registration requirements. However, if there is a breach of the Act, this exemption will be lost. Dogs which were registered under the Dog Act at 1 July 1999  have until 2002 to change over to the new registration system. However, if the annual registration is not renewed on time, or you move to another council area,  you must microchip and lifetime register. (Under the old Dog Act registration was with your local council only; if you move to another council area this is a  new registration and all new registrations are under the Companion Animals Act.) Any dog which has been declared dangerous (including working dogs) must be microchipped and lifetime registered under the new Act. Similarly any dog which is subject to a nuisance order must be registered under the new  Act. If a person is convicted of an offence or pays a penalty notice  under the Companion Animals Act then any exemption which may apply is lost and the dog must be microchipped and lifetime registered. Similarly, if a dog is taken into the custody of a council pound or animal shelter the dog must be microchipped and registered before being released to its owner (even if that dog is less than 6 months old). Who will have access to my registration  information? When you microchip your dog you will need to complete a form including your address and contact details. This information will then be forwarded to the Companion Animals Register, where details of microchipped  animals for the whole of NSW will be kept. All the information held in the Companion Animals Register is  protected by privacy legislation. There are also penalties under the Companion Animals Act for unauthorised access or improper use of personal information. Councils no longer hold information about your dog, but instead  access the Companion Animals Register when they need information to return an animal to its owner. Police and councils also have access to the Register for  enforcement purposes, such as when they are investigating a dog attack. If a member of the public picks up your dog, he or she will not  be able to gain direct access to information on the Register. It is a legal requirement that anyone who catches a stray or lost animal must return the animal to its owner (if they can be identified) or to their local council pound  / animal shelter. The staff at the council pound / animal shelter will be able to scan the microchip so that you can be contacted. If your animal is taken to a vet there is a 24 hour, 7 days a  week Pet Line number which vets can call. The Pet Line will then contact you so  that you can contact the vet to collect your animal. The Pet Line is only accessible by registered vets. Dogs are required to wear a collar and tag which gives information to allow you to be contacted directly, for example the dog’s name and your phone number. What happens if I move house? If you have a dog which is registered you have a responsibility  to ensure that the information on the NSW Companion Animals Register is up to  date. Within fourteen days of moving or changing your contact details  you should notify your old council of the change. You also have a responsibility  to notify the Register, by contacting your local council, if your dog dies or goes missing for more than three days. There is no charge for notifying a change to the Register. 2. RIGHTS AND RESPONSIBILITIES What are my responsibilities as a dog  owner? Being the owner of a dog is a big responsibility. When you buy or are given a dog, there are a lot of things you need to do to look after it  properly. You should ensure that it is healthy, well nourished, groomed,  vaccinated, and properly exercised and socialised. Of course you will also want to make sure that it is happy and contented. A well cared for dog can provide  great enjoyment, companionship and pleasure. However it is important to remember that as a dog owner you  have responsibilities towards other members of the community as well as towards  your pet. The Companion Animals Act sets out some of these responsibilities, and  gives councils the power to assist, and where necessary enforce the law to ensure that owners meet these responsibilities. You are responsible for ensuring that your dog does not harm or  threaten any other person or animal. This means that you must be able to contain  your dog on your property, and when you are in public with your dog you must keep it on a leash except in specially designated off-leash exercise areas. The  owners of restricted breeds of dog, including American Pit Bull Terriers, have a  range of more stringent responsibilities, as do the owners of dogs which have been declared dangerous for attacking other animals or people. As an owner of a dog you must make sure that your animal is not  causing a nuisance, whether by persistently making a noise, straying, interfering with other people’s property or otherwise. Dog owners are also  required to promptly dispose of any faeces which their pet may leave anywhere other than your own property. Finally, you must ensure that your dog is permanently  identified by microchip and is properly registered. Dogs must wear a collar with a tag which shows the name of the dog and the address or telephone number of the owner of the dog, as well as a registration tag. The responsibilities of owning a dog are well balanced by the  rewards which the companionship of a dog can bring. The Companion Animals Act  aims to assist dogs and their owners to coexist with other members of the  community including those who choose not to own a dog. By understanding and  fulfilling your responsibilities you can help to maximise the benefits of companion animal ownership for your dog, your neighbours and your community. What should I do when exercising my dog? Public places are for the enjoyment of everyone, and when you  take your dog into a public place you must make sure that it does not interfere  with the safety or enjoyment of other people. The Companion Animals Act includes a range of provisions to make sure that exercising your dog is safe and hygienic. When your dog is out in public, whether walking to the shops or  visiting a park, it must be under the effective control of a competent person at all times. This means that it must be on a lead and under the control of someone who is capable of restraining the dog. Small children, for instance, may not be able to control large dogs and under these circumstances an adult should walk  the dog. It is recognised that dogs benefit greatly from the chance to  run freely, and for this reason the Companion Animals Act makes it a duty for  councils to provide “off-leashâ€� areas for the exercise of dogs. These areas may  only be available for this purpose for limited hours, but at any time there must  be at least one place in each council area where dogs can be exercised without a  lead. If your dog defecates in a public place or on someone else’s property, it is your responsibility to remove the faeces immediately and dispose  of them properly. Councils have a duty to provide bins for the disposal of dog faeces in places where dogs are often exercised, and you should look for these  bins as they are introduced in your area. What if my dog gets lost? One of the aims of the Companion Animals Act is to reduce the  number of animals which are destroyed each year because they cannot be returned  to their owners. For this reason, the Act requires registration and permanent  identification by microchip of dogs. If your dog is found lost or straying by a member of the public, the person that finds the animal has an obligation to either return it  directly to you if you can be identified, or to take it promptly to a council /  animal shelter. Failure to do so is an offence with a maximum penalty of $2,200. If your dog is taken to a council pound /animal shelter it will  be scanned to determine whether it is microchipped. If it is microchipped, the council will then access the Companion Animals Register to find your contact details and will then make every attempt to reunite you with your pet. Your microchipped dog will be held in a council pound / animal shelter for a minimum of 14 days, before being sold or put down if you do not  claim it. Dogs which are not microchipped or do not have any other form of identification may only be held for 7 days. In the interests of being quickly reunited with your lost dog  it is recommended that all animals be microchipped and wear a collar with  identifying tags. Does my dog have to be desexed? The desexing of dogs is not compulsory in New South Wales. While there is a great deal of concern about the number of unwanted or unowned  animals born each year, the introduction of compulsory desexing would create a situation where the law would be almost impossible to enforce. There is no scientific evidence to show that it is “betterâ€� to allow a dog to have one litter before being desexed. Unless you are a recognised  breeder you should seriously consider desexing of both female and male dogs. Studies have shown that in fact the overwhelming majority of owned dogs are already desexed. The benefits of desexing include reducing the  likelihood that your dog will stray, reducing fighting and aggression. Desexing before six months of age is encouraged, and it is recommended that you talk to  your vet about the options. Although the Companion Animals Act does not introduce  compulsory desexing, it establishes a system of registration which provides a  strong incentive for companion animals to be desexed. The fee for lifetime registration of a desexed animal is only $35 compared to $100 for an ‘entire’ animal. If you are unable to have your dog desexed because of financial  concerns, it is suggested that you talk to your veterinarian or one of the  following animal welfare associations as they may be able to assist you. Domestic Animal Birth Control Society (DABS) Ashbury PH:  9798 6767 Animal Welfare League West Hoxton PH: 9606 9333 RSPCA Yagoona PH: 9796 8251 3. PENALTIES AND POWERS What happens if I don’t identify or register my dog  as required by the Act? Failure to microchip or register your dog as required by the Act attracts a maximum penalty of $550 or $2200 if the dog has been declared dangerous or is a restricted breed. Can I be fined if my dog walks into my neighbour’s yard? While the Act does not penalise dog owners for minor or  accidental breaches, it does establish strong procedures for dealing with animals which are causing a serious or ongoing problem. It also allows for a  minimum standard of public safety by ensuring that dogs which are in public places are under the control of a responsible person. The intention of the Companion Animals Act is to balance the rights and needs of companion animals and their owners with the rights and needs of others in the community. For this reason, the Act places some  responsibilities on the owners of dogs to control the impact of their animals on the safety and amenity of other people. Dog owners are required to ensure that when their dog is in a  public place such as a street or a park it is under the effective control of a  responsible person. This means that it must be on a lead and under the control  of someone who is capable of restraining the dog. The maximum penalty for  failing to control your dog in public is $550. If a dog is habitually at large, repeatedly defecates on neighbours’ property, repeatedly chases people or vehicles, repeatedly causes substantial damage to other people’s property, or places the health of people or  animals at risk, it can be declared a nuisance dog. A council officer may issue  a nuisance order, which requires the owner to stop the dog from continuing the  nuisance behaviour. If the owner then fails to stop the dog causing a nuisance,  they may be liable for a maximum penalty of $550 for a first offence and $1100  for any further offences. These measures will be applied by councils in the interests of the community as a whole, and it is expected that in the overwhelming majority of cases problems with the behaviour of dogs can be solved by discussion between the people involved. Will I be fined if my dog barks? The problems caused by persistently barking dogs are a common  neighbourhood complaint reported to councils. A great deal of disruption and unhappiness can be caused by a  dog which persistently barks, intruding on neighbours or disturbing sleep. Behavioural research shows that dogs bark out of boredom or frustration when  confined or when they are not sufficiently exercised and stimulated. Problem  barking can be prevented by training and by ensuring that your animal is well nourished and exercised and is not bored. Under the new Companion Animals Act, persistent barking is regarded as similar to straying or other antisocial behaviour. Where a council  officer identifies a serious or ongoing problem, a nuisance dog order can be  issued. This order requires the owner to stop the dog from barking persistently.  If the problem continues, the owner may be liable for a maximum penalty of $550 for a first offence and $1100 for any further offences. These measures will be applied by councils in the interests of the community as a whole, and it is expected that in the overwhelming majority of cases problems with barking dogs can be solved by discussion between the  people involved. Can someone else remove my dog from my property? The Companion Animals Act allows an authorised officer of a  council to enter private property to seize a dog only as a reserve measure to be  used in very limited circumstances This action can be taken only where a dog has attacked or  bitten a person or animal and where the owner is not there or cannot bring the dog under control. Even in these circumstances a dog will only be taken off the owner’s property if the authorised officer cannot secure the dog on the land. If the dog is taken off the owner’s property, the authorised officer must leave a notice explaining why the dog has been taken and where the  dog can be found. The intention of this provision is to give a council officer powers to bring under control a dog which has attacked and which is at risk of continuing to cause an immediate problem. What can a council officer do to enforce the legislation? Local councils are the authority responsible for implementing  the Companion Animals legislation. Under the legislation councils have a range  of responsibilities including planning, service provision, community education  and enforcement. Councils give enforcement powers to particular officers, known as authorised officers. These officers are usually Rangers or Animal Control Officers - the same people who have been enforcing the Dog Act for many years.  The new Act maintains most of the enforcement powers from the old Dog Act and also provides some new powers to ensure that councils can fulfil their new  functions. Authorised officers have a range of powers to deal with  breaches of the Act as they occur. They can require the names and addresses of people who they reasonably suspect may have breached the Act. They are able to  issue on the spot penalties for some offences, set by regulation, including  breaches such as failing to dispose of dog faeces. Officers are empowered to seize an animal which is stray, or to  prevent injury to a person or another animal or damage to property. Seized animals must be delivered their owner or to a council pound / animal shelter if  the owner cannot be identified. Under very limited circumstances officers are able to enter private property to remove a dog which has attacked a person or  animal. They are also able to stop an animal which is attacking or harassing animals in a wildlife protection area or on inclosed lands within the meaning of the Inclosed Lands Protection Act 1901. If there is no reasonable alternative, council officers are empowered to injure or destroy an animal under these circumstances. Councils also have a range of powers to deal with major or ongoing problems. These powers include the ability to issue nuisance orders,  which require the owner of a dog to stop the animal from causing a particular  nuisance. Failure to comply with a nuisance order is an offence. Councils can also declare a dog dangerous if it has without provocation attacked or killed a  person or animal, or repeatedly threatened to do so. The owners of dangerous dogs must comply with strict conditions for the control and restraint of their  animal, and must notify council of where a dangerous dog is to be kept. 4. BUYING, SELLING AND BREEDING What should I do if I sell or give away my dog? Any change of owner must be notified to the Companion Animals  Register within 14 days after the change occurs. There is no charge for  recording change of owner details on the Register. Failure to do so may result in a penalty of up to $550 or $2200  for dangerous or restricted dogs. In addition, for as long as you are recorded on the Register as the owner of the dog you may be liable for any penalties or  other expenses incurred by the animal eg if it attacks someone or damages  somebody else’s property. Contact your local council to obtain a Change of Owner Form. If I want to breed from my dog, what should I  do? Breeding dogs involves a lot of responsibility and is not to be  taken on lightly. As a breeder your first responsibility is for the welfare of the parent animals and the puppies which they will produce. Before you undertake  breeding from your dogs, it is recommended that you contact a veterinarian as  well as an organisation such as the Royal NSW Canine Council who can provide  advice on the standards of nutrition, shelter and health care required for  breeding animals. You should also obtain a copy of the Code of Practice for the Care and Management of Dogs and Cats in Breeding Establishments under the Prevention of Cruelty to Animals Act. The Code is available from the Animal  Welfare Unit of the NSW Department of Agriculture. It is very important to make sure that the dogs which you allow  to be born will have good homes, and that they will not add to the many thousands of unowned and unwanted animals which are put down in NSW each year. However your responsibilities are not over once you have a litter of healthy puppies and good homes for them to go to. Under the Companion Animals Act, you cannot sell or give away a puppy without having it permanently  identified by microchip. All puppies need to be microchipped by the age of 12  weeks, but if you sell or give away the animals before this age, you are still  responsible for ensuring that they are microchipped before they leave your  ownership. A maximum penalty of $550 applies for breaching these provisions. Once the dogs are six months old they will need to be  registered with your local council. This is the time at which dogs are usually desexed, and desexed dogs will attract a significantly reduced lifetime registration fee. If you wish to keep dogs for breeding but you are not a member of a recognised breeding organisation, you will need to pay the full lifetime registration fee. Entire animals owned by recognised breeders will pay the same fee as for desexed animals - $35. Recognised dog breeders are those that are members of the Royal NSW Canine Council. It is important that the new owners of the dogs which you breed  understand their responsibilities under the new Act, as well as their  responsibilities for the health and welfare of the animal. Information should be  available from your local council or veterinarian to assist you in getting your puppies off to a good start.