FAQs

The Dog and Cat Management Act 1995 is South Australia’s legal framework for managing dogs and cats in South Australia. The Act outlines the responsibilities of dog and cat owners as well as breeders who have legal obligations relating to breeding and selling dogs and cats. The Act is administered in partnership with local government.

The South Australian Government has made a commitment to banning puppy factories and improving the standards for commercial breeding, which are matters within the remit of the Act.

A review of the Act in 2022 analysed the breeding reforms needed and identified a few small amendments which would improve the Act.

Local government, welfare and breeding sectors were consulted for their advice and feedback which have informed the changes proposed to the Act.

The government made a commitment to ban puppy factories, the cruel practice of breeding dogs to sell puppies while keeping mothers in cramped conditions. Puppies and kittens bred for sale should not be bred from an animal that has been inadequately housed or cared for or bred from too many times. 

These tougher laws will bring SA equal the toughest in the nation, preventing unscrupulous breeders moving their businesses to SA. 

The Bill proposes to introduce a robust licensing scheme where breeders are assessed and approved (or not) for a license and will be subject to appropriate conditions. Applicants will be required to provide specific information about their breeding intentions, actions and breeding animals. 

Applications will be assessed and if they meet the set criteria, a license will be granted. Licenses will carry conditions which can be enforced. There will be offences for breaching any terms or conditions of the license.

The new breeders license will replace the existing requirement to register as a breeder if selling dogs and cats. The issuance of an active license is approval to breed dogs and cats lawfully, just as a driver’s license entitles you to drive. Anyone reported or found breeding dogs or cats without a license may be found to be operating illegally. 

Breeders will be required to apply to the Dog and Cat Management Board to be approved to hold a breeder license. 

Applicants will be assessed on:

• Information about the applicant's education, experience and facilities;
• Whether the applicant has been found guilty of prescribed offences (e.g. Animal Welfare);
• The applicant’s knowledge of breeding and selling laws.

Terms and conditions of a license will set:

• The number of animals being used for breeding (capped at 50 fertile females);
• Mandatory recording of puppy and kitten litters produced;
• Requirement to follow the Standards and Guidelines to provide humane care to animals.

Further detail and additional conditions may be set by the Dog and Cat Management Board, or through regulations. 

In 2022, the government introduced an immediate cap on the number of fifty (50) fertile breeding females which could be kept on a premises, or by one breeder. This limit is equal to the strictest in the nation. 

Under the proposed licensing model, breeder licenses will include an individual cap, so that breeders cannot keep more animals than stipulated in the license. This number will be determined as part of the license application process managed by the Dog and Cat Management Board. 

Yes, all South Australian dog and cat breeders will need to comply with the new requirements, including breeders registered with breeding associations or clubs. 

A legislative program will be developed to enable breeders to transition to the new licensing provisions over time. Breeders will continue to operate under current registrations until the transition is complete, expected to take up to three years. 

Breeder license administration and enforcement will be the responsibility of the Dog and Cat Management Board, with licensing fees payable to the Dog and Cat Management Fund.

The Board will work collaboratively with councils to ensure breeders comply with local by-laws. Animal welfare laws remain governed by the Animal Welfare Act 1985.

A dangerous dog is a dog that has a control (dangerous dog) order placed on it by the council or similar order by a court. Orders are placed on a dog that is dangerous and has attacked, harassed or chased a person, animal or bird (or is likely to do so).

A dog of a prescribed breed is any of the following breeds, as specified in the Act: American Pit Bull Terrier; Fila Braziliero; Japanese Tosa; Dogo Argentina; and Presa Canario.

There are additional requirements in the Act for owners in managing a dangerous dog or dog of a prescribed breed. Higher penalties also apply to dangerous dogs or dogs of a prescribed breed for many of the offences in the Act.

Proposed changes to dog attack penalties and safety offences include: 

• Increase the maximum penalty where an owner sets a dog considered dangerous to attack another person or animal from $20,000 or 4 years’ imprisonment to $100,000 or 4 years’ imprisonment.
• Increase the maximum penalty where an owner sets a dog not considered dangerous to attack another person or animal from $10,000 or 2 years’ imprisonment to $50,000 or 2 years’ imprisonment. 
• Increase the maximum penalty for a dog attack by a dog not previously identified as dangerous from $2,500 to
  • $25,000 where serious injury is caused or 
  • $10,000 for chasing, harassing or attacking and causing injury (other than a serious injury)
• Increase the maximum penalty for a dog attack by a dangerous dog from $10,000 to 
  • $50,000 where serious injury is caused or 
  • $25,000 to for a dog chasing, harassing or attacking and causing injury (other than a serious injury)
• Increase the current maximum penalty for the owner of a dog wandering at large (often a precursor to an attack occurring) from $2,500 for a dog not previously identified as dangerous to $5,000.
• Increase the current maximum penalty for the owner of a dog identified as dangerous wandering at large (often a precursor to an attack occurring) from $5,000 for a first offence to $10,000.
• Substantially increase the expiation fees applying to these circumstances.

A number of smaller changes will aid clarity, remove red tape and promote action. These changes are primarily to help government, non-government and industry stakeholders facilitate better services for the community. These changes propose to:

• Streamline local council dog and cat management planning. 
• Update registration provisions to reflect the Statewide register Dogs and Cats Online and remove business registration. 
• Reduce the size of the Dog and Cat Management Board from 9 members to 7 members.
• Remove mandatory muzzling for retired racing greyhounds. 
• Update the definition of ‘attack-trained’ dogs where additional obligations will apply to the owners of these dogs. 
• Recognise interstate dog control orders in South Australia.
• Improve controls for wandering dogs, who persistently escape and wander at large.
• Allow animal detention notices to be posted on council websites.

All proposed amendments are contained in the draft Bill and Explanatory Guide. 

The state government is considering the legislative and non-legislative framework for cat management. This includes developing policies, undertaking research and looking at implementation of practical on the ground actions, including: 

• Cat desexing initiatives and grants to reduce unwanted litters
• Supporting councils to develop and implement local by-laws. 
• Community education promoting responsible pet ownership.

If changes to the regulations are required when amendments to the Act are finalised, then this will be undertaken as a subsequent process.

In the meantime, the current 2017 Regulations remain in force.

The Animal Welfare Act 1985 relates to all animals, not just domestic dogs and cats. Its focus is on animal welfare and preventing cruelty towards them (animal-focussed).

The Dog and Cat Management Act 1995 manages community safety around domestic dogs and cats. Its aim is to promote, encourage and where necessary enforce responsible ownership to minimise public or environmental nuisance dogs and cats may cause (people-focused).

Changes are proposed for both Acts and will be open for public feedback separately. Consultation on proposed changes to the Animal Welfare Act is open until 26 May 2024. If you’d like to learn more or provide comment visit yoursay.sa.gov.au/animal-welfare-draft-bill.