An animal in the apparent ownership or control of a person should only come onto a private property with the occupier's permission. If permission is not given, or is given and withdrawn, the animal's presence may be a trespass and can be dealt with in the same way as trespass of an object - see Trespassers.
A person who owns or controls an animal is responsible for any damage caused if reasonable care is not taken to control the animal.
Animal includes all beasts, birds, reptiles, fish and insects.
Local councils have the power to make by-laws controlling the keeping of animals, and these vary from council to council. There are also provisions relating to the control and management of dogs and cats in the Dog and Cat Management Act 1995 (SA).
A breach of various provisions in the Dog and Cat Management Act 1995 (SA) can result in a fine or a court summons being issued to the offender - see Summary of offences and penalties under the Dog and Cat Management Act at September 2020.
Significant changes to the Dog and Cat Management Act 1995 (SA) commenced on 1 July 2017 and 1 July 2018 and these changes have been incorporated into this chapter where relevant.
Who is responsible for a dog?
An owner includes the registered owner, the last registered owner (if unregistered), or a person who has apparent ownership (if unregistered) (unless proved to the contrary) [Dog and Cat Management Act 1995 (SA) s 5].
A person who has possession or control of a dog is also responsible for the dog [s 6(1)]. If a dog is seen in company with or closely and continuously following a person immediately before any alleged offence against the Dog and Cat Management Act 1995 (SA), the person will be taken to have had possession or control of the dog at the time of the alleged offence (unless proved to the contrary) [s 6(2)].
Anyone who keeps a dog is also liable for the dog [s 66]. This includes an occupier of premises where a dog is kept or permitted to live, unless it can be shown that someone else 16 years or older was responsible for the dog [s 6(3)].
Is dog registration compulsory?
Yes. All dogs 3 months old or over must be registered in the name of a person aged 16 years or older [Dog and Cat Management Act 1995 (SA) ss 33, 34].
From 1 July 2018, dog registration occurs via the Dogs and Cats Online website, which is now the centre point for registration, microchipping and breeder registration in South Australia.
Special registration procedures apply for businesses involving dogs (kennels at which dogs are bred or trained or businesses providing security or other services involving the use of dogs) [s 35].
It is an offence for the owner or person responsible for a dog to fail to register the dog [s 33].
Maximum Penalty:
Dangerous or prescribed dogs: a fine of up to $5,000 (expiation fee $750)
In any other case: a fine of up to $2,500 (expiation fee $170)
A further offence is committed for every 14 days that the dog remains unregistered [s 33(3)].
The keeping of cats is much less regulated than the keeping of dogs.
Is cat registration compulsory?
Cat registration is not required under the Dog and Cat Management Act 1995 (SA), but may be required pursuant to by-laws made by individual local councils [s 90(2)(e)]. Please check with your local council. Councils can also limit the number of cats kept on premises - see Powers of local councils.
In most instances it is compulsory to microchip and de-sex a cat - see Microchipping and Desexing.
What are the duties of a dog owner?
Dog owners must:
Both the Dog and Cat Management Board and local councils can issue expiation notices or summonses if dog owners do not fulfil these duties. It is a defence to any charge under the Act if the offence was not committed intentionally and did not result from any failure on the part of the person to take reasonable care to avoid committing the offence [Dog and Cat Management Act 1995 (SA) s 86].
When a court convicts a person of an offence against the Dog and Cat Management Act 1995 (SA), it can also make a variety of orders to stop any danger or nuisance. Depending on the circumstances, the court may order that a dog be destroyed or controlled in a certain way, that the owner may not acquire another dog for a certain period, or that the victim is paid compensation for injury or damage [s 47].
What are the duties of a dog-sitter?
Apart from registration (unless dog-sitting when the registration expires), a dog-sitter has the same duties as the owner of the dog. This is because the same laws apply to both the owner and the person responsible for the dog.
Dog-sitters should ask the owner whether the dog's registration is up-to-date before agreeing to dog-sit.
Where can dogs lawfully go?
Unless the dog is an accredited assistance dog, any person responsible for the control of a dog commits an offence if the dog is in a shop (not being a pet shop, grooming parlour or vet) without the permission of the shopkeeper [s 45A].
Are there different rules for particular types of dog?
Yes.
Prescribed Breeds
The Dog and Cat Management Act 1995 (SA) contains additional restrictions on prescribed breeds of dogs. Section 4 currently prescribes the following breeds:
Prescribed breeds must be muzzled and under the effective control of a person by means of physical restraint when not confined to the premises of the owner or person responsible for the control of the dog [s 45B(1)]. It is an offence to breach this requirement. Higher penalties also apply to offences under the Dog and Cat Management Act 1995 (SA) that involve a prescribed breed of dog.
Greyhounds
Greyhounds must be under the effective control of a person by means of physical restraint and muzzled (unless exempt from muzzling) when not confined to the premises of the owner or person responsible for the control of the greyhound [s 45C]. It is an offence to breach this requirement.
Attack trained dogs, guard dogs and patrol dogs
The owner or person responsible for an attack trained dog, guard dog or patrol dog must ensure that [s 45D]:
It is an offence to breach these requirements, with a maximum penalty of $5,000 (expiation fee: $750).
A person who is wholly or partially blind or deaf, or otherwise disabled, is entitled to take an accredited assistance dog onto any public place or public passenger vehicle [Dog and Cat Management Act 1995 (SA) s 81(1)(a)]. It is a criminal offence for an occupier or person in charge of a public place or public passenger vehicle to refuse access to a person because they have an assistance dog with them [s 81(1)(b)].
It is an offence to claim that a dog is an assistance dog unless it is accredited under the Act or covered by the Disability Discrimination Act 1992 (Cth) [s 81(2)]. The following are prescribed accreditation bodies [s 21A(7); Dog and Cat Management Regulations 2017 (SA) reg 5]:
Is microchipping compulsory?
Microchipping can enable lost dogs and cats to be quickly reunited with their owners.
As of 1 July 2018, microchipping dogs and cats is in most instances compulsory [Dog and Cat Management Act 1995 (SA) s 42A].
A dog or cat must be microchipped before they are sold [Dog and Cat Management Regulations 2017 (SA) reg 10(1)(a)]. It is an offence to sell a dog or a cat that has not been microchipped [Dog and Cat Management Act 1995 (SA) s 70(1)].
A dog or cat must otherwise be microchipped:
whichever occurs later [Dog and Cat Management Regulations 2017 (SA) reg 10(1)(b)].
However, dogs and cats that are sold from one breeder to another are exempt from this requirement [reg 18(4)(a)], as are dogs and cats that are sold and not kept in South Australia [reg 18(4)(c)].
A dog or cat that is not required to be microchipped must still wear a collar containing both the registration disc last issued to the dog or cat, and the contact details of the owner [Dog and Cat Management Act 1995 (SA) s 42C].
What is the penalty for failing to microchip a dog or cat?
The maximum penalty for failing to microchip a dog or cat is [s 42A(2)]:
What if a dog or cat remains without a microchip after a fine has been paid?
A further offence is committed for every 3 months a dog or cat remains without a microchip [s 42B]. The 3 month period commences from the day on which the person was found guilty of the original offence, or the day on which they paid the original fine.
What if microchipping would pose an undue risk to the health of a dog or cat or adversely affect their growth, development or wellbeing?
A registered veterinary surgeon may grant an exemption from the requirement to microchip a particular dog or cat for these reasons [reg 13(2)]. An exemption due to the health of the dog or cat may be for a limited or an indefinite period, but an exemption due to the growth, development or wellbeing may only be for a maximum of 18 months [reg 13(4)]. The exemption must be by notice in writing as required by the Dog and Cat Management Board [reg 13(5)]. The Board or the registered veterinary surgeon may vary or revoke an exemption if it is no longer necessary [reg 13(7)].
What if a dog or cat was microchipped interstate?
If a dog or cat has already been microchipped in another State or Territory in accordance with the law of that State or Territory, then, as long as it conforms to the Australian Standards and records a unique identification number, it will be taken to have been microchipped in accordance with the requirements in South Australia [regs 10(8) and 18(3)].
Must owners report to a register of dogs and cats?
Yes. From 1 July 2017, the Dog and Cat Management Board has maintained a register of dogs and cats that have been microchipped and desexed [Dog and Cat Management Act 1995 (SA) s 21B]. The register is called Dogs and Cats Online.
Dogs and Cats Online replaced the previous 68 individual council dog and cat registers and from 1 July 2018 became the centre point for registration payments, microchipping and breeder information in South Australia.
Under the regulations and from 15 August 2018, a person who microchips a dog or cat is required, within 5 days of the microchipping procedure, to register that information on Dogs and Cats Online, or provide that information to the Registrar of Dogs for the council where the vet practices.
The owner of a microchipped dog or cat must, within 14 days, notify the Dog and Cat Management Board of any changes to their name, residential address or telephone number [Dog and Cat Management Regulations 2017 (SA) reg 10(6)].
Maximum Penalty: fine of up to $2 500
Expiation fee: $170
For more information about microchipping and desexing, visit the Dog and Cat Management Board website, contact your local council or visit Dogs and Cats Online.
As of 1 July 2018, it is in most instances compulsory to desex a dog or cat [Dog and Cat Management Act 1995 (SA) s 42E].
A dog or cat must be desexed:
whichever is later [ss 42E and 70(2); Dog and Cat Management Regulations 2017 (SA) regs 12 and 18(2)].
Dogs and cats that were aged 6 months or older before 1 July 2018 are exempt from the requirement to be desexed. Those born on or after 1 July 2018 must comply with these requirements.
Working livestock dogs are exempt from the requirement to be desexed [Dog and Cat Management Act 1995 (SA) s 42D].
What is the penalty for failing to desex a dog or cat?
The maximum penalty for failing to desex a dog or cat is [s 42E]:
What if a dog or cat continues to not be desexed after a fine has been paid?
A further offence is committed for every 3 months that the dog or cat fails to be desexed. The 3 month period commences from the day on which the person was found guilty of the original offence, or the day on which they paid the original fine [s 42F].
What if desexing would pose an undue risk to the health of a dog or cat or adversely affect their growth, development or wellbeing?
A registered veterinary surgeon may grant an exemption from the requirements to desex a particular dog or cat for these reasons [see Dog and Cat Management Regulations 2017 (SA) reg 13(2)]. An exemption due to the health of the dog or cat may be for a limited or an indefinite period, but an exemption due to the growth, development or wellbeing may only be for a maximum of 18 months [reg 13(4)(b)]. The exemption must be by notice in writing as required by the Dog and Cat Management Board [reg 13(5)]. The Board or the registered veterinary surgeon may vary or revoke an exemption if it is no longer necessary [reg 13(7)].
What if a dog or cat was desexed interstate?
If a dog or cat has been desexed in another State or Territory in accordance with the law of that State or Territory, then it will be taken to have been desexed in accordance with the requirements in South Australia [regs 12(7) and 18(3)].
From more information about microchipping and desexing, visit the Dog and Cat Management Board website, contact your local council or visit Dogs and Cats Online.
What if a dog wanders off?
If a dog is found to be wandering at large, then an authorised person (of the Dog and Cat Management Board or a local council) can seize the dog [Dog and Cat Management Act 1995 (SA) s 60] (see Seizure and destruction of dogs). It is an offence for the owner or person responsible for a dog to allow their dog to wander at large [s 43].
Maximum Penalty:
For a dangerous or prescribed breed of dog
For any other dog: $2,500 fine
Expiation fee:
For a dangerous or prescribed breed of dog: $750
For any other dog: $210
A dog is considered to be wandering at large if it is
A dog is considered to be under effective control by means of physical restraint if on a leash chain or cord no more than 2 metres in length, or secured in a cage, vehicle or other object or structure [s 8].
It is a defence to this charge if the defendant can prove that they had taken all reasonable steps to prevent the dog from wandering at large [s 43(2)].
Where a person is found guilty of, or expiates, a subsequent offence, the court may order that the dog be disposed of within a specified period [s 43(3)].
Can I search an online register for a lost dog or cat?
Yes. Dogs and Cats Online has a search function available to search their register for a lost animal, by either the animal's registration number or microchip number. The register can be searched via the Dogs and Cats Online website.
If a dog (either alone or together with other dogs) creates a noise, by barking or otherwise, which persistently occurs or continues to such a degree or extent that it unreasonably interferes with the peace and comfort of another person, the owner or person responsible for the dog commits an offence [Dog and Cat Management Act 1995 (SA) s 45A(5)].
Maximum Penalty: $1,250 fine
Expiation fee: $315
Both the Dog and Cat Management Board and local councils also have the power to issue Control (Barking Dog) Orders. They can issue this order on their own initiative or by request, if satisfied that the dog is a nuisance and has created noise by barking or otherwise in circumstances that would constitute an offence under s 45A(5) [s 51(e)]. The order requires that all reasonable steps be taken to prevent the dog from repeating the behaviour that gave rise to the order and the dog or the person responsible for the dog (or both) undertake specified training courses [s 50(6)]. The owner or person responsible for the dog commits an offence if the dog then repeats the behaviour in contravention of the order [s 55].
Maximum Penalty: $2,500 fine
Expiation fee: $500
From more information about excessive barking, visit the Dog and Cat Management Board website.
The Local Nuisance and Litter Control Act 2016 (SA), which deals with other nuisance situations, specifically excludes barking dogs from being considered a 'nuisance' under that Act [see s 17 and Sch 1 cl 5(o)]. Barking dog complaints must be dealt with by the Dog and Cat Management Board or local council.
It is an offence to urge or encourage a dog to attack, harass or chase a person or an animal or bird owned by a person [Dog and Cat Management Act 1995 (SA) s 44(1)]. The maximum penalty is $10,000 or imprisonment for 2 years.
It is also an offence for the owner or person responsible for a dog to allow their dog to attack, harass or chase a person or an animal or bird owned by a person [s 44(2)]. The maximum fine that may be imposed will depend on the breed of the dog and whether it is a first or subsequent offence.
Dogs being used in the reasonable defence of a person or property, or working dogs, are exempt from these provisions [s 44(4)].
Any person may lawfully destroy or injure a dog if it is reasonable and necessary to protect life or property [s 59D(1)(a)]. In addition, the Dog and Cat Management Board or the local council may consider making a Destruction or Control Order following a dog attack - see Control and Destruction Orders.
A person who suffers injury or damage from a dog attack may be able to claim compensation. For more information, see Accidents involving animals.
An example of a case discussing damages for injury received as a result of a dog attack is Boothey v Morris [2002] SASC 126. The plaintiff in this case suffered a serious injury to her hand which affected her capacity to work as a massage therapist. She was bitten by the defendant’s dog when talking to the defendant. The dog was on a short leash and sitting next to the defendant. The plaintiff reached out her hand to the dog to enable it to smell her. A conversation followed between the two women during which time the plaintiff left her hand near the dog. As she withdrew her hand, the dog lunged at her and bit her hand. The plaintiff had not made any excessive noise or sudden movements. Neither woman had any warning of the attack. The plaintiff also claimed to have suffered psychological damage as a consequence of the attack. The original amount awarded in judgment was revised on appeal and an amount of $211,607.01 was awarded.
What powers do local councils have in relation to dogs and cats?
Local councils have the power to make by-laws in relation to the management of dogs and cats within their areas [Dog and Cat Management Act 1995 (SA) s 90]. These by-laws may —
The Dog and Cat Management Act 1995 (SA) also allows local councils to issue the following orders in relation to dogs [s 50]:
What powers do authorised council officers have?
The Dog and Cat Management Board and local councils may appoint suitable persons to be authorised to exercise powers under the Dog and Cat Management Act 1995 (SA). Authorised persons may [s 25D]:
The power to enter and inspect any place or vehicle may only be exercised [s 25D(2)]:
A person may request to see and inspect an authorised council officer’s identity card [s 25B(3)].
What if I refuse to cooperate?
Entry to property or vehicles will initially be with the consent of the owner/occupier. However, the authorised council officer can apply for a warrant if refused entry and if issued, they may then use reasonable force to gain entry [Dog and Cat Management Act 1995 (SA) s 25D(1)(a)]. It is an offence under the Act to hinder an authorised person in the course of their duties [s 31]. It is also an offence to use abusive or threatening language or to refuse to comply with a requirement of an authorised person [Dog and Cat Management Act 1995 (SA) s 31]. The maximum penalty for such offences is $5,000 [s 31(1)]. An assault on an authorised person carries a maximum penalty of $10,000 or up to 2 years imprisonment [s 31(2)].
Before a control or destruction order can be issued, the local council or the Dog and Cat Management Board (as the case may be) must give at least 7 days written notice inviting the owner and all those responsible for the dog to explain why an order should not be made [s 52]. If an order is made, the council can give written directions on how the order is to be complied with [s 53].
Breaching an order is an offence unless the owner can prove that they were unaware the order was in force [s 55]. An authorised council officer may also seize, detain and destroy a dog where orders have been contravened or to give effect to orders - see Seizure and destruction of dogs.
Destruction Order
The local council or the Board may make a Destruction Order if satisfied that the dog is unduly dangerous and the dog has attacked, harassed or chased a person, or an animal or bird owned by a person, in circumstances that would constitute an offence [see Dog and Cat Management Act 1995 (SA) s 51(a)]. See also Dog attacks.
A Destruction Order requires that the dog be destroyed within a specified period (not less than 1 month after the order takes effect), and that until destroyed the dog be kept or detained at a specified place [s 50(2)].
A court application for a Destruction Order can also be made pursuant to s 59 of the Dog and Cat Management Act 1995 (SA). Applications are governed by Chapter 3 Part 2 Division 2 of the Uniform Special Statutory Rules 2022 (SA).
Control (Dangerous Dog) Order
The local council or the Board may make a Control (Dangerous Dog) Order if satisfied that the dog is dangerous and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence [Dog and Cat Management Act 1995 (SA) s 51(b)]. An order may also be made if the dog is subject to an order of another jurisdiction that corresponds to a Control (Dangerous Dog) Order.
A Control (Dangerous Dog) Order requires the dog to [s 50(3)]:
A Control (Dangerous Dog) Order may also require the person responsible for the dog, or the dog, or both, to undertake specified training courses.
Warning signs must be displayed at all entrances to the premises where the dog usually lives. All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.
If a dog subject to a Control (Dangerous Dog) Order is seized and detained, it may be microchipped and desexed, with the cost recoverable from the owner as a debt due to the council [s 61(5) and (6)].
Control (Menacing Dog) Order
The local council or the Board may make a Control (Menacing Dog) Order if satisfied that the dog is menacing and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence [Dog and Cat Management Act 1995 (SA) s 51(c)]. An order may also be made if the dog is subject to an order of another jurisdiction that corresponds to a Control (Menacing Dog) Order).
A Control (Menacing Dog) Order requires the dog to [s 50(4)]:
The order may also require the person responsible for the dog, or the dog, or both, to undertake specified training courses.
All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.
Control (Nuisance Dog) Order
The local council or the Board may make a Control (Nuisance Dog) Order if satisfied that the dog is a nuisance and the dog has attacked, harassed or chased a person, animal or bird, or is likely to do so, in circumstances that would constitute an offence [Dog and Cat Management Act 1995 (SA) s 51(d)]. An order may also be made if the dog is subject to an order of another jurisdiction that corresponds to a Control (Nuisance Dog) Order).
A Control (Nuisance Dog) Order requires the dog to [s 50(5)]:
The order may also require the person responsible for the dog, or the dog, or both, to undertake specified training courses.
All reasonable steps must be taken to prevent the dog from repeating the behaviour that gave rise to the order.
Control (Barking Dog) Order
See Barking dogs.
A control or destruction order may be reviewed by the South Australian Civil and Administrative Tribunal [s 72] - see Review of Control or Destruction Orders.
A person may apply to the South Australian Civil and Administrative Tribunal for a review within 14 days of receiving notice of one of the following orders [Dog and Cat Management Act 1995 (SA) s 72]:
SACAT may also, on application, review a decision to refuse to allow the release of a dog or cat that is being detained under the Dog and Cat Management Act 1995 (SA), or any other decision that SACAT is declared to have jurisdiction over [see ss 72(4)(b) and 72(4)(c)].
Applications made after 14 days will only be heard if special circumstances exist to grant an extension of time, and if the other party will not be unreasonably disadvantaged because of the delay in proceedings [s 72(3)].
When can a dog be seized?
A dog wandering at large may be seized by an authorised person [Dog and Cat Management Act 1995 (SA) s 60(1)(a)].
A dog may also be seized if an authorised person reasonably believes that:
Notice of the seizure must be given to the owner or person responsible for the dog (if known) or exhibited on the local council or police station notice board for at least 72 hours (giving a description of the dog, the day and time it was seized, and contact details of a person or body to whom further enquiries can be made) [ss 61(2) and (3)].
If the dog is seized because it is necessary to prevent the dog from attacking, harassing or chasing a person or animal or bird owned by a person or because it is unduly dangerous, the local council must give notice of its intention to make or apply for an order in relation to the dog within 7 days, or return the dog to the owner or person responsible for it [s 61(4)].
A seized dog may be microchipped and desexed, with the cost recoverable from the owner as a debt [s 64B]. A person is not entitled to the return of a dog unless they prove their ownership or responsibility for the dog and pay all outstanding fees and charges owing in relation to the dog’s seizure and detention, and register the dog (if unregistered) [s 64C]. Even if a dog is returned, the fees and charges owing in relation to the dog’s seizure and detention can still be recovered against the owner as a debt [s 64E].
When can a dog be destroyed?
A dog that has been seized for wandering at large may be destroyed or otherwise disposed of (for example, by sale) where [Dog and Cat Management Act 1995 (SA) s 62(1)]:
Dogs found wandering at large but that are properly identified need not be subjected to this process as they can be quickly returned to their owners.
Dogs that cannot be seized due to their savagery or repeated evasion of seizure [s 60(2)] or that are so injured or diseased that it is impractical to maintain them may be destroyed [s 62(3)]. However, in the latter case, the dog cannot be destroyed unless a veterinary surgeon or stock inspector has given written approval or urgent action is required.
A person who destroys a dog must take reasonable steps to inform the owner and must notify the local council [s 64D].
Ownership of a dog destroyed under the Dog and Cat Management Act 1995 (SA) is taken to have vested in the operator of the facility at which the dog was detained immediately beforehand, and no compensation is payable to the previous owner for the dog’s destruction [s 64F]. The operator of the facility at which the dog was detained may recover costs from the owner for the dog’s seizure, detention and destruction [s 64E].
When can a cat be seized and destroyed?
The Dog and Cat Management Act 1995 (SA) [ss 63 and 64A] allows a cat to be seized, detained and destroyed by an authorised person where the cat is found [s 63]:
A person who is not authorised, but who finds a cat in any of the above situations, may seize the cat and then within 12 hours deliver it to a veterinary surgeon or facility for the care of cats [s 64]. The vet or facility may then destroy or otherwise dispose of the cat (for example, by sale) [s 64A].
Any person who finds a cat in a remote place that is more than 1 kilometre from any genuine residence may destroy the cat [s 63(1)(c)]. A person who destroys a cat must take reasonable steps to inform the owner and must notify the local council [s 64D].
A seized cat may be microchipped and desexed, with the cost recoverable from the owner as a debt [s 64B]. A person is not entitled to the return of a cat unless they prove their ownership or responsibility for the cat and pay all outstanding fees and charges owing in relation to the cat’s seizure and detention and otherwise, and register the cat (if required) [s 64C]. Even if a cat is returned, the fees and charges owing in relation to the cat’s seizure and detention can still be recovered against the owner as a debt [s 64E].
Ownership of a cat destroyed under the Dog and Cat Management Act 1995 (SA) is taken to have vested in the operator of the facility at which the cat was detained immediately beforehand, and no compensation is payable to the previous owner for the cat’s destruction [s 64F]. The operator of the facility at which the cat was detained may recover costs from the owner for the cat’s seizure, detention and destruction [s 64E].
Breeders of dogs and cats must adhere to the South Australian Standards and Guidelines for Breeding and Trading Companion Animals. The Standards set out minimum health and welfare requirements for breeding and selling companion animals. The Standards must also be adhered to by pet shops, shelters, and any other venue where companion animals are sold.
Breeding a dog or cat
Any person can apply to the Dog and Cat Management Board to be registered as a breeder [Dog and Cat Management Act 1995 (SA) s 68]. Pursuant to s 69, a person may not sell a dog or cat that they have bred unless they are registered with the Dog and Cat Management Board, an approved representative body (as defined by regulation) or under the laws of another jurisdiction. (Breeding is defined under regulation 17 of the Dog and Cat Management Regulations 2017 (SA).) The maximum penalty for breaching the requirement to be registered is a fine of up to $5,000 (expiation fee $315).
Registration as a breeder does not authorise breeding or selling a dog of a prescribed breed [ss 4, 69(2) and 70(6)].
A person must not sell a dog (except for a livestock dog) or a cat unless the animal has been microchipped and desexed [Dog and Cat Management Act 1995 (SA) s 70(1), (2); Dog and Cat Management Regulations 2017 (SA) regs 10, 12, 18]. This does not apply to the sale of a dog or cat from one registered breeder to another, or to the sale of a dog or cat that will not be kept in South Australia [regs 18(4)(a) and 18(4)(c)].
Under s 71(1) of the Dog and Cat Management Act 1995 (SA), a person selling a dog or cat must give the new owner certain information in writing, including:
It is an offence to sell a dog or cat without providing the above information to the purchaser, with a maximum penalty of a fine of up to $5,000 (expiation fee $315).
Advertising the sale of a dog or cat
An advertisement for the sale of a dog or cat must include the name and phone number of the seller and the name and phone number of each breeder, and, if they are registered, their identification number [Dog and Cat Management Act 1995 (SA) s 71(2); Dog and Cat Management Regulations 2017 (SA) reg 19(6), (7)]. It is an offence to advertise to sell a dog or cat contrary to these provisions, with a maximum penalty of a fine of up to $5,000 (expiation fee $315).
A registered breeder is not required to provide the above information when selling a dog or cat or advertising to sell a dog or cat to another registered breeder [Dog and Cat Management Act 1995 (SA) s 71(3); Dog and Cat Management Regulations 2017 (SA) reg 19(8)(a)(i)].
The Animal Welfare Act 1985 (SA) prohibits cruelty to all animals [s 13]. An animal is defined as a member of any species of the sub-phylum vertebrata, other than human beings and fish [s 3].
Ill treatment of animals is prohibited and a maximum penalty of $20,000 or a term of up to 2 years of imprisonment applies. If a person intends or is reckless about whether their ill treatment causes serious harm to, or the death of an animal, the maximum penalty is a fine of up to $50,000 or a term of up to 4 years imprisonment.
Ill treatment occurs where:
For a comprehensive summary of the penalties for offences under the Animal Welfare Act 1985 (SA), please see Animal Welfare Act 1985 penalties as at October 2023.
Standards for the breeding and trading of companion animals
The treatment of animals bred as pets (known as companion animals) is regulated by the South Australian Standards and Guidelines for Breeding and Trading Companion Animals [see the Animal Welfare Regulations 2012 (SA) Schedule 2, item 1].
The definition of companion animals includes, but is not limited to, dogs, cats, rabbits, guinea pigs, rats, mice, birds, amphibians and reptiles.
The Standards and Guidelines help to make clear the duties of breeders and traders under the Animal Welfare Act 1985 (SA).
The Standards are the minimum requirement set by law for the treatment of animals by breeders, pet shop owners and other traders in animals. A breach of the Standards may result in an expiation notice or prosecution under the Animal Welfare Regulations 2012 (SA) or, in more serious cases, a prosecution under the Animal Welfare Act 1985 (SA).
The Guidelines are not legally enforceable but provide guidance and direction to help meet the requirements of the Standards.
The Standards and Guidelines do not apply to fish, animals kept for the purposes of riding or food, or animals that are given away. They also exclude dogs and cats found and kept, provided they are not subsequently used for breeding.
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