(1) A person, other than a veterinary surgeon, must not perform an operation
on a dog to prevent it from being able to bark or to reduce the volume of its
bark (a
"debarking operation" ).
Penalty—
Maximum penalty—300 penalty units
or 1 year’s imprisonment.
(2) A veterinary surgeon must not perform a
debarking operation on a dog unless the surgeon—
(a) reasonably considers
the operation is in the interests of the dog’s welfare; or
(b) has been
given a relevant nuisance abatement notice and the surgeon reasonably
considers the operation is the only way to comply with the notice without
destroying the dog; or
(c) has been given an appropriate notice and the
surgeon reasonably considers the only way to stop the dog’s barking from
being a nuisance, without destroying the dog, is to perform the operation.
Penalty—
Maximum penalty—300 penalty units or 1 year’s
imprisonment.
(3) For subsection (2) (c) , an appropriate notice means a
notice signed by each owner of the dog asking the veterinary surgeon to
perform the operation and stating each of the following—
(a) that, in the
opinion of each owner, the dog’s barking is a nuisance;
(b) attempts have
made to prevent the dog’s barking from being a nuisance;
(c) for each
attempt—
(i) the nature of the attempt; and
(ii) enough details of the
attempt to allow the veterinary surgeon to form a view under subsection (2)
(c) ;
(d) that each attempt has been unsuccessful.
Example of an attempt—
behavioural approaches taken in consultation with a veterinary surgeon or
animal behaviour expert
(4) In this section—
"bark" includes cry, howl and yelp.
"nuisance" , for barking, means interference with the reasonable comfort,
peace or privacy of anyone.
"relevant nuisance abatement notice" means the original, or a copy, of a
notice as follows relating to the dog—
