Part 7Breeding and sale of dogs and cats

Part 7—Breeding and sale of dogs and cats 68—Registration of breeders (1) The Board may, on application, register a person as a breeder. (2) An application must— (a) be made in a manner and form determined by the Board; and (b) be accompanied by such documentation and information as the Board may reasonably require; and (c) be accompanied by the fee fixed by the Board. (3) The Board may impose such conditions on a registration under this Part as the Board thinks fit (including, to avoid doubt, a condition requiring the breeder to comply with a code of practice under another Act). (4) The Board may, by notice in writing, vary, revoke or add a condition of registration. (5) The Board may, by notice in writing, revoke a registration under this Part for a contravention of a condition of registration or for any other reason it thinks fit. (6) The Board must keep and maintain a register (which may be incorporated into another register) for the purposes of this Part. 69—Offence for breeder to sell dogs or cats unless registered (1) A person must not sell a dog or cat that he or she has bred unless— (a) he or she is registered as a breeder under this Part; or (b) he or she is registered (however described) as a breeder with an approved representative body; or (c) he or she is registered as a breeder under a law of another jurisdiction dealing with the breeding of dogs or cats. (2) Nothing in this section authorises a person to breed a dog of a prescribed breed. (3) For the purposes of this section, a person will be taken to have bred a dog or cat if the person takes action of a kind prescribed by the regulations in relation to the breeding of the dog or cat. (4) In this section— approved representative body means a body declared by the regulations to be an approved representative body for the purposes of this section. 70—Offences relating to sale of certain dogs and cats (1) A person must not sell a dog or cat unless the dog or cat has been microchipped in accordance with any requirement set out in the regulations. (2) A person must not sell a dog or cat unless the dog or cat has been desexed in accordance with any requirement set out in the regulations. (3) Subsections (1) and (2) apply— (a) whether or not the dog or cat is required to be microchipped or desexed or both under sections 42A or 42E; and (b) whether or not the person is the breeder of the dog or cat. (4) However, subsection (2) does not apply in relation to working livestock dogs. (5) This section does not apply to a sale of a dog or cat occurring in circumstances prescribed by the regulations for the purposes of this section. (6) Nothing in this section authorises a person to sell a dog of a prescribed breed. 71—Certain information to be given to buyers (1) A person who sells a dog or cat must give to the new owner a written notice setting out— (a) the information required by the regulations relating to the identity of the seller of the dog or cat; and (b) the information required by the regulations relating to the identity of the breeder or breeders of the dog or cat; and (c) the information required by the regulations relating to vaccinations and other treatments given to the dog or cat; and (d) the information required by the regulations relating to the dog's or cat's microchip; and (e) any other information required by the regulations in respect of a sale of the relevant kind. (2) A person who publishes an advertisement in relation to the sale of a dog or cat must ensure that the advertisement contains— (a) the information required by the regulations relating to the identity of the seller of the dog or cat; and (b) the information required by the regulations relating to the identity of the breeder or breeders of the dog or cat; and (c) the information required by the regulations relating to vaccinations and other treatments given to the dog or cat; and (d) the information required by the regulations relating to the dog's or cat's microchip; and (e) any other information required by the regulations in respect of an advertisement of the relevant kind. (3) This section does not apply in relation to a sale of a dog or cat, or an advertisement, of a kind prescribed by the regulations for the purposes of this section. (4) In proceedings for an offence against subsection (1) or (2), it is a defence for the defendant to prove that he or she did not know, and could not reasonably have been expected to have known, the information to which the alleged offence relates.