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Victorian Legislation


Each person, who resides in Victoria upon signing an application for membership or renewal of membership of the MDBA shall, agree to comply with Victorian State and Local Government Legislation, Regulations and Codes of Practice applying to the welfare, keeping, breeding, management and sales of dogs.
1. All Victorian MDBA breeder members must complete the online free course issued by the Victorian Department of Primary Industries and email the MDBA a copy for attachment to the member file. This free course is available on their website.
2. All MDBA members are required to investigate their legal responsibilities under Local Laws within their own Council Municipality when owning and breeding dogs. This information must be kept in an easily accessible file for future reference if sighting is required by the MDBA.
3. All MDBA Breeder members must have information from their local councils on: planning permits required for use of premises for dog breeding in their council area.
4. All MDBA members must acquire all the requisite Planning Permits and Licenses to enable them to pursue their hobby of owning and breeding dogs in compliance with the MDBA Code of Ethics.
5. All MDBA members must register and microchip dogs over three months of age with the local council in which they reside.
6. All MDBA members must renew council registrations by 10 April each year.
7. All MDBA Dog owners in Victoria must comply with:

8. All MDBA Dog Breeders in Victoria need to comply with Code of Practice for the operation of Breeding and Rearing Establishments
9. Code of Practice for the responsible breeding of animals with heritable defects that cause disease 

Minimum Standards are those in the Victorian CODE OF PRACTICE FOR THE PRIVATE KEEPING OF DOGS (2007) and THE CODE OF PRACTICE FOR THE OPERATION OF BREEDING AND REARING BUSINESSES 2014, and must be maintained by Victorian MDBA members.
PLEASE NOTE THAT WHILST VICTORIAN MDBA MEMBERS ARE ALL REQUIRED TO COMPLY WITH MINIMUM STANDARDS, WITHIN THE VICTORIAN GOVERNMENT'S CODE OF PRACTICE THE MDBA ALWAYS ENCOURAGES BREEDERS TO EXCEED THOSE STANDARDS, IN STRIVING TOWARDS BEST PRACTICE.

 

Accommodation / Housing

1. Design, construct, service and maintain housing pens in a way that prevents escape and ensures the good health and wellbeing of the animals, while avoiding injury to humans.
2. House and confine animals in a safe and secure manner.
3. Provide housing and equipment suitable for the size of the animal and containment requirements.
4. Provide adequate protection from adverse environmental conditions and climatic extremes.
5. Provide adequate ventilation and sufficient space for animals to stand and move freely at all times, including during transportation.
6. Ensure no part of a pen/cage floor area is made from wire.
7. Ensure pens/cages are not stacked on top of one another.


Animal Health
1. Provide protection from disease, distress and injury.
2. Provide prompt veterinary treatment in the case of animal injury or illness.
3. Maintain cleanliness and hygiene in premises where animals are kept.
4. Make every effort to control pests such as fleas, ticks, etc.
5. Treat animals regularly for internal and external parasites and vaccinate against common diseases.
6. Provide sufficient exercise to maintain health and fitness.
7. Provide appropriate food and water in clean containers to maintain good health.
8. Ensure animals have access to water of sufficient quantity and quality.
9. Provide animals with a safe, balanced and complete diet.


Banned procedures (tail docking, ear cropping, dog debarking)
1. Disallow prohibited procedures from being conducted on an animal they own or are in charge of.
2. Refrain from allowing an animal they own or are in charge of from being shown or exhibited if it has had a prohibited procedure conducted on it.

 

Breeding
1. Ensure only healthy animals are bred, and then only as required.
2. Maintain proper records of their breeding activities and ensure such records are available for inspection upon request by any person authorised by the organisation.


Collars
1. Refrain from using prohibited collars incorporating protrusions designed to puncture or bruise the animal's skin.
2. Ensure electronic collars are only used as specified under the Prevention of Cruelty to Animals Regulations 2008.

 

Dog working & environmental conditions
1. Ensure dogs are not pushed beyond their natural abilities by administering drugs or medications to enhance performance.
2. Ensure dogs are not to be worked in conditions that may result in them suffering from hypothermia, hyperthermia or dehydration.

Dog Training
1. Ensure dogs are not trained or worked beyond their willingness and capabilities.
2. Ensure all training methods used are humane and not cause undue fear, distress or pain.


Domestic Animal Businesses

Register as a domestic animal business, as required¸ within the local council in which the business premises is located.


Euthanasia
1. Humanely deal with animals that cannot be kept.
2. Ensure animals that must be destroyed are killed in a humane manner.
3. Ensure animals are not euthanised using blunt force trauma.


Hereditary disease
1. Take legitimate action reduce the incidence of hereditary diseases.
2. Be familiar with and comply with the mandatory Code of Practice for the Breeding of Animals with Heritable Defects that Cause Disease.


Sale of animals
1. Ensure no animal leaves the seller before 8 weeks of age.
2. Ensure dogs and cats sold or given away are implanted with a microchip by an authorised implanter and accompanied by a signed transfer of ownership form.
3. Ensure dog and cat advertisements for sale or for free, include each animals' full microchip number and the number of the council registered domestic animal business.
4. Ensure dogs and cats sold have current vaccinations, with a valid certificate to be provided to new owner.
5. Provide purchasers of desexed animals with a copy of the desexing certificate.
6. Provide new owners with literature about feeding, desexing, parasite control, health, housing, responsible pet ownership, current legislation regarding registration, training & socialisation of dogs, vaccination.
7. Ensure all dogs and cats sold are accompanied with a breeder health declaration.
8. Accept a returned animal and refund 75% of the purchase price within three days of sale for any reason not supported from a veterinary practitioner.
9. Accept an animal returned animal within 21 days of sale and refund 100% of the purchase price if accompanied by a veterinary practitioner statement that the animal is unacceptable for health reasons.
10. Refund 100% of the purchase price where an animal is diagnosed with, suffering from, dies of, or is euthanised because of a physical defect or disease that is traceable to the point of sale within three years of purchase where the owner provides supporting statements from a veterinary practitioner.
11. Ensure animals are sold or given away are in the best possible state of health.
12. Prohibit animals from being used as donations or prizes.


Tethering
1. Refrain from tethering cats.
2. Only tether dogs in accordance with the Prevention of Cruelty to Animals Act 1986, Regulations and Code of Practice for the Tethering of Animals.
3. Limit the risk of tangling and prevent overlap of adjacent chains in dog tethering systems.
4. Refrain from tethering pregnant bitches that are more than seven weeks gestation, whelping bitches and lactating bitches with puppies.
5. Ensure puppies under 16 weeks of age are not tethered.


Transport
1. Transport animals in a safe and secure manner.
2. Refrain from transporting animals in the boot of a sedan type car.
3. Appropriately tether or cage animals when on the back of a ute or trailer.
4. Provide animals with adequate ventilation when travelling.
5. Have multiple ventilation holes on at least three sides of sealed transport containers.


Sales Traceability
To allow traceability of sellers of pets, it is now an offence in Victoria to advertise the sale of a dog unless the microchip identification number of the animal is included in the advertisement or notice. A registered domestic animal business may use its council business registration number as an alternative. Microchip numbers must also be supplied when members advertise animals for sale on their own website.
Changes in State law governing the sale of dogs and puppies are explained on the Department of
Primary Industries website.

 

Guarantee
Where a dog/puppy is returned to the breeder within 3 days of sale for any reason not supported by a statement from a veterinary practitioner, the breeder must take back the animal and refund 75% of the purchase price.
Where the dog/puppy is returned to the breeder within 21 days of sale accompanied by a statement from a veterinary practitioner that the dog/puppy is unacceptable for health reasons, the breeder must take back the dog/puppy and refund 100% of the purchase price.
If a dog/puppy dies or is euthanised from a disease that is traceable to the point of sale, the breeder must refund the purchase price or offer a replacement dog/puppy of the same breed and comparable quality with the same guarantee.

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