Exemption GAP greyhound sales

The following was published in the Victorian Government Gazette on 26 April 2018, page 823, (gazette G17).

Domestic Animals Act 1994

Order exempting gap greyhounds sold through the Greyhound Adoption Program from the operation of sections 45, 63A and 96 of the Act.

Order in Council

The Governor in Council makes the following Order under section 5 of the Domestic Animals Act 1994 (the Act):

Part 1 — Preliminary

1. Objectives

The objectives of this Order are —

  1. to exempt GAP greyhounds from the operation of section 96 of the Domestic Animals Act 1994 (the Act), if they are sold by the Greyhound Adoption Program from a place other than a registered GAP premises; and
  2. to exempt the Greyhound Adoption Program from the operation of —
    (i) section 45 of the Act; and
    (ii) section 63A of the Act to the extent that it relates to the operation of the Shelter and Pound Code of Practice
    when selling GAP greyhounds from a place that is not a registered GAP premises; and
  3. to impose certain conditions on those exemptions.

2. Authorising provision

This Order is made under section 5 of the Act.

3. Commencement

This Order takes effect on the day that the Order is published in the Government Gazette.

4. Revocation

The Order in Council entitled Order Exempting GAP Greyhounds Sold through the Greyhound Adoption Program from the Operation of Section 45, 63A and Section 96 of the Act published in Government Gazette G5 on 1 February 2018 is revoked.

5. Definitions

In this Order—

Shelter and Pound Code of Practice means the Code of Practice for the Management of Dogs and Cats in Shelters and Pounds (Revision Number 1) notice of the making of which was published in Government Gazette S207 on 30 June 2011.

GAP greyhound means a greyhound owned by Greyhound Racing Victoria under the Greyhound Adoption Program;

Greyhound Adoption Program means the domestic animal businesses conducted at one or more premises registered under Part 4 of the Act;

Greyhound Racing Club has the same meaning as in the Racing Act 1958.

Registered GAP premises means premises registered under Part 4 of the Act at which the Greyhound Adoption Program is conducted.

Part 2 – Exemptions

6. Exemption from section 96 of the Act

The class of animals, known as GAP greyhounds, is exempt from the operation of section 96 of the Act if

  1. the GAP greyhound is sold by the Greyhound Adoption Program from a place that is not a registered GAP premises; and
  2. the sale of GAP greyhounds is conducted in accordance with the conditions specified in Part 3 of this Order.

7. Exemption from sections 45 and 63A of the Act

The Greyhound Adoption Program is exempt from the operation of section 45 of the Act, and section 63A of the Act to the extent that it relates to the operation of the Shelter and Pound Code of Practice, if

  1. the GAP greyhounds are sold by the Greyhound Adoption Program from a place that is not a registered GAP premises; and
  2. the sale of the GAP greyhounds is conducted in accordance with the conditions specified in Part 3 of this Order.

Part 3 – Conditions of exemptions

8. Exemptions subject to conditions in this Part

The exemptions specified in clauses 6 and 7 are subject to the conditions set out in this Part.

9. Places where sales may be held

The proprietor of the Greyhound Adoption Program must ensure that the sale of GAP greyhounds is not conducted at any place other than at the premises of the following Greyhound Racing Clubs:

Sandown Greyhound Racing Club
View Road
Springvale VIC 3171

The Meadows
80 Northcorp Boulevard
Broadmeadows VIC 3047

Ballarat Greyhound Racing Club
Corner Rubicon Street & Sutton Street
Ballarat Central VIC 3356

Bendigo Greyhound Racing Association
Lords Raceway
McIvor Highway
Junortoun VIC 3551

Cranbourne Greyhound Racing Club
Cranbourne Racing Centre
50 Grant Street
Cranbourne VIC 3977

Geelong Greyhound Racing Club
Beckley Park
Broderick Road
Corio VIC 3214

Healesville Greyhound Racing Club
Healesville Sports Complex
Corner Don Road and Donald Street
Healesville VIC 3777

Horsham Greyhound Racing Club
Horsham Showground
McPherson Street
Horsham VIC 3400

Sale Greyhound Club
Sale Showgrounds
Maffra-Sale Road
Sale VIC 3850

Shepparton Greyhound Racing Club
7580 Goulburn Valley Highway
Kialla VIC 3631

Traralgon Racing Club
Glenview Park
McNairn Road
Traralgon VIC 3844

Warragul Greyhound Racing Club
Logan Park
Warragul VIC 3820

Warrnambool Greyhound Racing Club
Warrnambool Showgrounds
Koroit Street
Warrnambool VIC 3280

10. Veterinary practitioner to be on call during sale

The proprietor of the Greyhound Adoption Program must ensure that a veterinary practitioner is on call at all times during every sale event for GAP greyhounds.

11. Water and shelter during sale

The proprietor of the Greyhound Adoption Program must ensure that, at all times during the sale of GAP greyhounds —

  1. the greyhounds have access to clean drinking water in a container that cannot be tipped over easily; and
  2. the greyhounds have adequate protection from adverse weather conditions.

12. Unsold greyhounds must be returned to a registered GAP premises, or the foster carer's place of residence, overnight

The proprietor of the Greyhound Adoption Program must ensure that all GAP greyhounds that are not sold or given away at a sale event —

  1. are returned to a registered GAP premises, or to the foster carer's place of residence, at the conclusion of a sale event; and
  2. no greyhounds are kept overnight at the place of the sale.

13. Handling of greyhounds

The proprietor of the Greyhound Adoption Program must ensure that —

  1. any staff who handle GAP greyhounds at the sale have appropriate training in animal handling techniques and are able to demonstrate the knowledge, skills, attitude and behaviour to undertake the appropriate handling techniques for GAP greyhounds at the sale premises; and
  2. greyhounds are handled as humanely as possible with minimum risk to the animals, staff and members of the public.

14. Sale Guarantee

  1. The proprietor of the Greyhound Adoption Program must ensure that the sale guarantee provisions of this clause are complied with in respect of the sale of every GAP greyhound.
  2. If a GAP greyhound purchased at the sale —
    (a) is not acceptable to a purchaser due to health, physical or other reasons (excluding accidents); and
    (b) those reasons are supported by a statement in writing from a veterinary practitioner —
    the purchaser may, within seven days of the purchase, return the greyhound to the Greyhound Adoption Program.
  3. If a purchaser returns a greyhound to the Greyhound Adoption Program in the circumstances described in subclause (1), the proprietor of the Greyhound Adoption Program must ensure that —
    (a) the return of the greyhound is accepted; and
    (b) the purchase price is refunded to the purchaser.
  4. If a GAP greyhound is returned by a purchaser to the Greyhound Adoption Program within three days for any reason other than that described in subclause (1), the proprietor of the Greyhound Adoption Program must ensure that —
    (a) 75 per cent of the purchase price is refunded to the purchaser; or
    (b) the purchaser is offered a replacement greyhound with the same sale guarantee.
  5. If a GAP greyhound dies or is euthanased as a result of a disease that is traceable to the point of sale—
    (a) the purchase price must be refunded to the purchaser; or
    (b) a replacement GAP greyhound must be offered to the purchaser with the same sale guarantee.

15. Provision of information about responsible pet ownership

The proprietor of the Greyhound Adoption Program must ensure that, prior to acquiring a GAP greyhound, a prospective purchaser of a GAP greyhound —

  1. is provided with advice on whether the GAP greyhound is a suitable type of pet for their environment, giving consideration to matters including yard size, exercise requirements, and children and other pets at the property; and
  2. is encouraged to seek advice on the numbers of pets allowed or any other legal requirements from their local Council and, in the case of rental premises, to obtain approval from their landlord; and
  3. is provided with advice about pet care and information leaflets about the veterinary attention required for the greyhound after purchase (including any required follow-up vaccination), current legislation covering the registration of animals and any greyhound-specific legislative requirements; and
  4. is instructed to seek advice from a veterinary practitioner about any health or behavioural problems with the GAP greyhound.

16. Health requirements for sale of GAP greyhounds

  1. The proprietor of the Greyhound Adoption Program must ensure that every GAP greyhound that is sold –
    (a) is implanted with a prescribed permanent identification device; and
    (b) is desexed; and
    (c) is wormed and vaccinated.
  2. The proprietor of the Greyhound Adoption Program must ensure that the purchaser of a GAP greyhound is given a certificate showing details of the date the GAP greyhound was desexed, vaccinated, including details of the vaccinations that were administered and details of the microchip in the prescribed permanent identification device.
  3. The proprietor of the Greyhound Adoption Program must ensure that any greyhound that is aggressive, anti-social or that has a known vice such as excessive barking, or is an habitual escapee must not be made available for sale.
  4. If a GAP greyhound has a defect or condition that does not significantly affect the greyhound's quality of life and the GAP greyhound is made available for sale, the proprietor of the Greyhound Adoption Program must ensure that, before the GAP greyhound is sold to a person —
    (a) a veterinary practitioner has issued a certificate stating that the defect or condition will not significantly affect the GAP greyhound's quality of life; and
    (b) the prospective owner is informed of the defect or condition in the GAP greyhound and given a copy of the veterinary practitioner certificate in accordance with 4(a).

17. Transport of greyhounds

  1. The proprietor of the Greyhound Adoption program must ensure that, when transporting GAP greyhounds to or from a place at which a sale is held in accordance with this Order, the following requirements are met —
    (a) the vehicle in which the GAP greyhounds are being transported allows provision for the dogs to be physically separated and restrained or individually enclosed by a compartment or cage;
    (b) any cages in the cargo area of the vehicle must be secured to the vehicle to prevent movement of the cage;
    (c) there must be no protrusions or sharp edges in the framework, doors, partitions, or any part of the vehicle or cage that could cause injury to a GAP greyhound;
    (d) any additional equipment or thing stored in the vehicle must be secured or separated to prevent movement or injury to a GAP greyhound;
    (e) the cage or compartment in which the GAP greyhound is held is of a design that is escape proof and prevents the protrusion of the animal's head or limbs;
    (f) the floor of the vehicle must be strong enough to bear the weight of the GAP greyhounds being transported, and must have a non-slip surface to minimise the likelihood of injury;
    (g) the vehicle, cages or compartments where the GAP greyhounds are held must be weatherproof and have adequate ventilation when stationary and in motion;
    (h) the vehicle, cages or compartments must have appropriate facilities for ease of loading and unloading GAP greyhounds with minimal risk of injury to the animals and humans.
  2. The proprietor of the Greyhound Adoption program must ensure that, when transporting GAP greyhounds to or from a place at which a sale is held in accordance with this Order, GAP greyhounds are not transported in the cabin of a transport vehicle unless the greyhound is physically restrained in a manner that prevents the greyhound from escaping or being able to move to other parts of the vehicle.

18. Records

  1. The proprietor of the Greyhound Adoption Program must ensure that a record is created for every greyhound that is to be sold at the sale which includes the following details and must retain these records for a period of not less than five years:
    (a) name of the animal;
    (b) name of the owner of the animal;
    (c) contact telephone number and address of the owner or owner's agent;
    (d) sex of the dog and whether it is desexed;
    (e) colour;
    (f) age;
    (g) details of medical, dietary, bathing and grooming requirements;
    (h) vaccination status;
    (i) heartworm treatment;
    (j) any behaviour problems;
    (k) any permanent identification.
  2. The proprietor of the Greyhound Adoption Program must ensure that the record for each GAP greyhound that is sold at the sale is updated with the following details and must retain these records for a period of not less than five years:
    (a) microchip number and date of implantation;
    (b) date Domestic Animal Registry was notified;
    (c) date Council notified that new owner lives in that Council area;
    (d) date animal was wormed;
    (e) date animal was desexed;
    (f) date animal was vaccinated and by whom it was vaccinated.

Note

Terms used in this Order that are defined in the Act have that meaning.

Dated: 24 April 2018

Responsible Minister:

Jaala Pulford
Minister for Agriculture

Clerk of the Executive Council

Page last updated: 24 Nov 2020