The Law and Electric Collars in Australia

Summary

Research into the laws of the various Australian States and Territories regarding the use of electronic collars (electric training collars and boundary training collars) unearthed the following.

State or Territory Use of electronic collars

• Queensland (QLD) - Legal
• New South Wales (NSW) - Canine invisible boundaries legal (within defined restrictions)
• Australian Capital Territory (ACT) - Not legal
• Victoria (VIC) - Legal with very defined restrictions including use restricted to vets and qualified dog trainers - see below for details as they are different for different types of collars (training, anti-bark and containment systems)
• Tasmania (TAS)-  Legal (as long as there is no pain to the animal)
• South Australia (SA) - Not legal
• Western Australia (WA) - Legal if used within generally accepted use of the equipment
• Northern Territory (NT) - Invisible fence and electric training collar (not remote controlled) legal.

I provide it here to try and ensure that you are aware of the importance of checking the laws in your area if you are thinking of using these collars. Remember ignorance ('I didn't know') is not a valid excuse under the eyes of the law. I also want you to note that I am no lawyer so if you want to be 100% certain about status of electronic collars in your State or Territory you should seek clarification from the relevant Government body and/or legal advice. Also note that these laws can change without notice so just because something was legal 12 months ago will not necessarily mean it is now or will be 6 months in the future.

Details

• QLD - Legal
   
• No references to the use of electronic or electric collars found in the Animal Welfare Legislation.
• References:
• Animal Care and Protection Act 2001 – http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AnimalCaPrA01.pdf
• Animal Care and Protection Regulation 2002 - http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/A/AnimalCaPrR02.pdf
     
• NSW - Canine Invisible Boundaries legal (with restrictions)
   
•  Prevention of Cruelty to Animals Act 1979 Section 16 states that:
• (2) A person shall not:
•  (a) use an electrical device upon an animal,
•  (b) sell any electrical device, or
•  (c) have in his or her possession or custody any electrical device.
• Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual.
•  (3) Nothing in subsection (2) prevents a person from:
• (a) using an electrical device upon an animal belonging to a prescribed species, or
• (b) selling or having in his or her possession or custody an electrical device for use upon an animal belonging to a prescribed species.
   
• Regulations 2006 states:
• Section 10 - For the purposes of the definition of electrical device in section 16 (1) of the Act, a type of device listed in Column 1 of Schedule 1 is a prescribed type of electrical device unless it is used for a purpose or in circumstances specified in Column 2 of that Schedule.
• Schedule 1 identifies three legal uses of electrical devices on dogs:
• The device sold under the name Pingg String (including any similar device delivering an electric shock of no greater intensity or duration than a Pingg String) confining dogs or cats, but only if used inside a fence through which dogs or cats cannot pass and that is not less than 1.5 metres high
• Canine invisible boundary Confining dogs, but only if used inside a fence through which dogs cannot pass and that is not less than 1.5 metres high
• Electric Fightback Lure for training coursing dogs.
   
• References:
• The Act at http://www.legislation.nsw.gov.au/viewtop/inforce/act+200+1979+FIRST+0+N/?fullquery=(((%22prevention%20of%20cruelty%22)))
• The Regulations at http://www.legislation.nsw.gov.au/viewtop/inforce/subordleg+523+2006+FIRST+0+N/?autoquery=(FragmentSGML%3D((%22Prevention%22%20AND%20%22of%22%20AND%20%22Cruelty%22%20AND%20%22to%22%20AND%20%22Animals%22%20AND%20%22(General)%22%20AND%20%22Regulation%22)))
   
• ACT - Not legal
   
• The Animal Welfare Act 1992 states at para 13 that 'A person commits an offence if — (a) the person administers an electric shock to an animal; and (b) the person administers the shock using an electrical device that is not prescribed by regulation for use on that kind of animal.
  
  Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
   
• The Animal Welfare Regulation 2001 states at para 5 that 'Prescribed electrical devices and animals for Act, s 13 (2) The Act, section 13 (1) does not apply to the use by a person of an electrical device mentioned in an item of schedule 1 on an animal mentioned in the same item of that schedule.
• Schedule 1 states the following permitted uses as 1) electro-ejaculator cattle and sheep, 2) electric stock prod cattle and pigs and 3) electric fence animals other than poultry or domestic animals.
• References:
• The Act at http://www.legislation.act.gov.au/a/1992-45/current/pdf/1992-45.pdf
• Regulations at http://www.legislation.act.gov.au/sl/2001-26/current/pdf/2001-26.pdf
   
• VIC - Legal subject to specific directions
• Prevention of Cruelty to Animals Regulations 1997
• 11 Placement or use of certain electronic devices
• (1) A person must not use or place on any animal a device that can impart an electric current or shock to the animal. Penalty: 10 penalty units.
• (2) Subregulation (1) does not apply where the use of the device is permitted under regulations 12 to 22.
   
• 12 Electric fences - A person may use an electric fence if it complies with the following specifications—
• (a) the electric current travels through a wire; and
• (b) the electric fence is installed so that an animal is able to move away and avoid contact with the wire that is carrying the electric current.
   
• 17 Use of electronic collars
• (1) A person must not use an electronic collar on an animal that is not a dog or cat.
•  (2) A person must not use an electronic collar that is not an authorised electronic collar on a dog or a cat.
   
• 18 Requirements for use of authorised electronic collars A person must not use an authorised electronic collar unless—
• (a) a veterinary practitioner has examined the physical health and temperament of the dog or cat and reasonably believes that the dog or cat is suitable to have an authorised electronic collar used on it; and
• (b) the dog or cat is over 6 months of age; and
• (c) a collar is not left on the dog or cat for more than 12 hours in any 24-hour period; and
• (d) the use is in accordance with any instructions for use of the collar provided by the manufacturer; and
• (e) the dog or cat is introduced to the use of the collar in accordance with a training program that complies with a code of practice made under section 7 of the Act (if any); and
• (f) the collar complies with the following specifications—
• (i) the power of the collar must not exceed either 15 milliamps root mean square or 100 milliamps single pulse with a maximum duration of 3 milliamps per second; and
• (ii) the length of the stimulation period must be limited by an automatic safety cut-out; and
• (iii) the collar must provide for variable levels of static stimulation; and
• (g) the collar contacts have safe, rounded points; and
•  (h) the distance between the collar contact points does not exceed 60 millimetres.
   
• 19 Remote training collars and anti-bark collars
• (1) A person must not put a remote training collar or anti-bark collar on a dog unless the person is—
• (a) a veterinary practitioner or a qualified dog trainer; or
• (b) acting under the supervision and written instructions of a veterinary practitioner or a qualified dog trainer.
• (2) Where subregulation (1)(b) applies, the use of the collar must be reviewed by a veterinary practitioner or qualified dog trainer—
• (a) within 6 months of the examination referred to in regulation 18(a); and
• (b) at least every 12 months after the first review.
   
• 20 Use of containment collars on dogs
• (1) A person must not use a containment collar on a dog unless the person has ensured that the dog is trained to the use of the containment system and collar by—
• (a) a veterinary practitioner, a qualified dog trainer or competent trainer; or
• (b) a person under the supervision and written instructions of a veterinary practitioner, a qualified dog trainer or a competent trainer.
• (2) In this regulation and regulation 21, competent trainer means a person who is employed by a company that sells containment systems and who is competent to conduct a containment system training program for dogs or cats that complies with the relevant Code of Practice (if any).
• References-
• Prevention of Cruelty to Animals Act at http://www.dpi.vic.gov.au/DPI/nrenfa.nsf/LinkView/2DF033A96691D691CA25751B007E5E1A2B72296A5108C4FFCA25734F0009F96F/$file/POCTA%20Act%20V77%20Jan%2010.pdf
• Regulations 2008 at http://www.dpi.vic.gov.au/DPI/nrenfa.nsf/LinkView/CCF2B7B493A41423CA25751B007F3BA418CDE14E012AB3A0CA2573FA000E0AC8/$file/POCTA%20Regulations%202008%20V2%20Jan%2010.pdf
   
• TAS - Legal
   
• No references to the use of electronic or electric collars found in the Animal Welfare Legislation
• References:
• Animal Welfare Act 1993 (As long as there is no pain to the animal) at http://www.thelaw.tas.gov.au/tocview/index.w3p;cond=;doc_id=63%2B%2B1993%2BAT%40EN%2B20100114000000;histon=;prompt=;rec=-1;term=
   
• SA - Not legal
   
•  Animal Welfare Act 1995 states at para 15: 'Electrical devices not to be used in contravention of regulations A person must not, for the purpose of confining or controlling an animal, use an electrical device in contravention of the regulations. Maximum penalty: $10 000 or imprisonment for 1 year.'
• Regulations 2000 addresses the use of certain electrical devices in section 8, stating:
• (1) For the purposes of section 15 of the Act, a person must not—
• (a) place on an animal a collar designed to impart an electric shock; or
• (b) subject to these regulations, apply an electrical prod or goad to an animal.
• (2) A person may only apply an electrical prod or goad (whether or not switched on) to an animal in the following circumstances:
• (a) if the animal is to be used or is being used in a rodeo event and the prod or goad complies with, and is applied to the animal in accordance with, Part 3A;
• (b) in any other case—
• (i) the animal is a prescribed animal; and
• (ii) the prod or goad is not applied to the face, udders or genitals of the animal; and
• (iii) the prod or goad is applied as sparingly as possible and (in any event) with restraint.
• (3) In this regulation prescribed animal means:
• (a) an animal of the genus Bos or Bubalus; or
• (b) an animal of the genus Sus (other than a pig that is being kept in the course of the business of a piggery).
   
• References:
• The Act at http://www.legislation.sa.gov.au/LZ/C/A/ANIMAL%20WELFARE%20ACT%201985.asp 
• The Regulations at http://www.legislation.sa.gov.au/LZ/C/R/ANIMAL%20WELFARE%20REGULATIONS%202000/CURRENT/2000.10.UN.PDF
   
• WA - Legal if used within generally accepted use of the equipment
• Animal Welfare (General ) Regulations 2003 state
• 3. "Inhumane devices" prescribed (s. 19(2)(b)) For the purposes of section 19(2)(b) of the Act, the following devices are prescribed as inhumane —
• (a) a device, other than an electric fence, that is designed or modified to deliver an electric shock to an animal;
• (b) jawed traps;
• (c) spurs that have sharpened or fully-fixed rowels;
• (d) spurs that are reasonably capable of penetrating the skin of the animal on which they are intended to be used.
   
• 7. Prescribed manner of use for "devices" — electric shock (s. 29) For the purposes of section 29 of the Act, it is a defence to a charge under section 19(1) of the Act, committed in circumstances described in section 19(2)(b) of the Act, if the device used is one set out in the Table to this regulation, and the device is used on an animal for the purpose, and in accordance with the conditions, set out next to that device in that Table.
   
• The Table identifies the following uses with dogs:
• Electric training collar activated by the animal or a person in the course of training dogs
• Must be used in accordance with the generally accepted method of usage for the type of collar.
• Electrical device known as the "invisible fence" Containment and training of dogs
• Must be used in accordance with the generally accepted method of usage for the type of "invisible fence".
   
• References:
• Animal Welfare Act 2002 - http://www.slp.wa.gov.au/statutes/swans.nsf/5d62daee56e9e4b348256ebd0012c422/a8dfafe74d3af88f48256cfe0004362e/$FILE/Animal%20Welfare%20Act%202002.PDF
• Animal Welfare (General ) Regulations 2003 http://www.slp.wa.gov.au/statutes/regs.nsf/3b7e5f26432801b348256ec3002c128c/6daa5b0e6b4c275448256cfe0008e809/$FILE/Animal%20Welfare%20(General)%20Regulations%202003.PDF
   
• NT – Invisible fence and electric training collar (not remote controlled) legal.
• The Animal Welfare Act states at section 19 that Electrical devices mean a device or object that is made, adapted or used for the purpose of administering an electric shock to an animal but does not include an electric fence.
   
• Unless authorised by a law in force in the Territory, a person must not –
• (a) sell an electrical device;
• (b) have an electrical device in his or her possession; or
• (c) use an electrical device on an animal.
   
• Schedule 1 to the Regulations identify the following for legal use on dogs:
• Electric training collar (excluding a collar operated by a remote control device) is allowed for the purpose of training of dogs. Only to be used strictly in accordance with the manufacturer’s instructions in respect of the use of the collar.
• Fence known as invisible fence is allowed for the purpose of containment of dogs. Only to be used strictly in accordance with the manufacturer’s instructions in respect of the use of the fence
• Reference:
• The Act at http://notes.nt.gov.au/dcm/legislat/legislat.nsf/linkreference/ANIMAL%20WELFARE%20ACT  
• The Regulations at http://notes.nt.gov.au/dcm/legislat/legislat.nsf/d989974724db65b1482561cf0017cbd2/cfc7661c4af2892569256f400019b6d1/$FILE/Repa046R1.pdf