26Destruction of dogs

26 Destruction of dogs

(1)  In this regulation –

breeding bitch means a bitch that is –

(a) used for the purposes of breeding; or

(b) pregnant; or

(c) whelping.

(2)  For the purposes of this regulation, a dog is destroyed humanely if –

(a) the dog is rendered suddenly unconscious; and

(b) the death of the dog occurs while it is unconscious.

(3)  A person who –

(a) has the care or charge of a dog, other than a puppy or a breeding bitch, must not cause or allow the dog to be destroyed unless the destruction is carried out humanely by – 

(i) a veterinary surgeon; or

(ii) a person who is acting under the direct supervision of a veterinary surgeon; or

(b) has the care or charge of a puppy or a breeding bitch must not cause or allow the puppy or breeding bitch to be destroyed, unless –

(i) that puppy or breeding bitch has been reviewed by a veterinary surgeon who –

(A) has determined that the destruction is necessary for the welfare of that puppy or breeding bitch; and

(B) provides a written determination authorising the destruction of that puppy or breeding bitch; and

(C) documents the reasons for that determination; and

(ii) the destruction of that puppy or breeding bitch is carried out humanely by a veterinary surgeon.

Penalty:  Fine not exceeding 50 penalty units.

(4)  It is a defence in proceedings for an offence under subregulation (3)(a)(ii) if the defendant establishes that –

(a) the dog was destroyed humanely; and