From 1 July 2018, there are three authorisations Victorian rescue groups need to be aware of:
Source numbers
Any person who advertises to sell or gift a puppy, kitten, dog or cat will require a source number. A person must not cause or allow a dog or cat to be sold, given away without one of these source numbers.
Registered foster carers
Foster carers who want to obtain a source number, will be required to become a registered foster carer.
Animal Sale Permits
Allows groups to host an event featuring animals for the sale of animals (outside of a pet shop or residential property).
Volunteer carers who want to participate in public events (like National Pet Adoption Day, or weekend adoption events in pet stores) will need to apply to register with their local council to become a "registered foster carer".
Council then have the discretion to approve, or not-approve your application; visit your property, verify the details of your resident animals - just generally get all up in your grill. If you're willing to be subjected to this personal assessment, council can still say can say no - and your rescue days are over.
But if your local council does say yes - on approval, you can obtain a source number. With this source number you may then apply to the minister in writing to approve your participation in the event. $28 per event you want to hold for your pets, off your residential property.
Should the the minister to approve your application, you are now able to take your pets to an event to meet potential adopters. The individual who applied for the (not the charity group) is personally responsible for the event and will be held accountable for any issues.
Then, within 28 days you must submit an 'Animal Sale Report' on the event including, amongst other details, the numbers of pets offered for adoption and the number of animals adopted.
If at the end of all of this, you would like to continue to voluntarily care for homeless animals, you will be subject to council reviews of your personal residence, pet numbers, and need to repeat the public sale application each time you want to show your pets in public.
Domestic Animals Amendment (Puppy Farms and Pet Shops) Act 2017, is an addition to the Domestic Animals Act 1994, which had been updated in 2015 with the Domestic Animals Regulations 2015. The full Act with amendments can be seen here.
The stated purpose of the Act is to
(a) to regulate the number of fertile female dogs kept by breeding domestic animal businesses; and
(b) to further regulate the breeding of dogs and cats and the sale of dogs and cats in pet shops; and
(c) to provide for the registration of foster carers and single use permits to sell certain animals;
For the first time, the Act specifies 'foster care';
foster care means the care of a stray, abandoned or unwanted dog or cat (whether or not as part of a community foster care network) that is temporary or for the purpose of finding a new home for the dog or cat and that takes place on premises on which the care is being provided to no more than— (a) 5 dogs or animal adult equivalent dogs; or
(b) 5 cats or animal adult equivalent cats; or (c) a combination of 5 dogs and cats or animal adult equivalent dogs and cats; foster carer registration means a registration under section 68B, including a registration that is renewed under section 68D;
and introduces the idea of a 'registered foster carer';
registered foster carer means a person who holds a foster carer registration;
and you get registered by;
A person who provides or intends to provide foster care on a premises in the municipal district of a Council may apply to that Council for a foster carer registration.
This permit entitles you to a discount in pet registration fees. And it will cost;
A Council may, by resolution, fix fees to be paid for a foster carer registration.
an amount specified by council, and the foster care will hand over certain personal details;
For the purposes of subsection (1)(b), the following information is set out—
(a) the name of the foster carer;
(b) the address where the foster carer keeps the animals being cared for;
(c) the following details for the foster carer—
(i) the telephone number;
(ii) the email address (if known);
(d) the source number of the foster carer;
(e) for cancellation of registration, the date of cancellation;
and
A foster carer registration is subject to—
(a) any prescribed conditions; and
(b) any conditions imposed on the registration by the Council that the Council considers necessary.
registered foster carers will be subject to any requirements council wants, and can be suspended for breaching these terms.
84Y Agreements to seize, retain or dispose of dogs or cats - A Council may enter into an agreement in writing with a person or body under which the person or body may be able to... (ca) give a seized dog or cat to a community foster care network, on the condition that the dog or cat is desexed and implanted with a permanent identification device before it is given;
This 84Y allows CFCN groups to seek pets from the pound. But under the legislation, the foster carer is viewed as the ‘new owner’ until a permanent owner if found. This includes the requirement to register the pet with council.
You can't advertise a pet for adoption (sale) without a source number
A person must not publish an advertisement of a dog or cat for sale, or cause the publication of an advertisement of a dog or cat for sale, unless—
(a) the advertisement includes the source number of the person who is selling the dog or cat;
... and a microchip number. You also can't promote your pet via a pet shop
A person must not, in the conduct of the business of a pet shop, cause or allow a dog or cat that is not from an approved source to be sold or given away.
So who can apply for a source number?
approved source means any of the following—
(a) an animal shelter that is conducted on premises that are registered under section 47;
(b) a pound that is conducted on premises that are registered under section 47;
(c) a registered foster carer
There is no reference in the legislation to CFCN's applying on behalf of individual foster carers; and individual foster carers can't advertise the pets in their care, without this number. And foster carers must apply to be registered foster carers to obtain this number.
The Secretary must issue a source number to a registered foster carer on receiving the information from the Council under section 68Q that the Council has registered the foster carer.
And you really need this source number.
A person must not cause or allow a dog or cat to be sold, given away or provided to the proprietor of a pet shop or an agent of the proprietor if the dog or cat is—
(a) in foster care with a registered foster carer; and
(b) under—
(i) 6 months of age, if a dog; or
(ii) 8 weeks of age, if a cat.
Penalty - In the case of a natural person, 164 penalty units
The current value of a penalty unit in Victoria is $158.57 (as at 1 July 2017). In the case of 164 penalty units, the fine is $26,000.
The proprietor of a pet shop must not act as an agent in the sale or giving away of a dog or cat that is—
(a) in foster care with a registered foster carer; and
(b) under—
(i) 6 months of age, if a dog; or
(ii) 8 weeks of age, if a cat.
Penalty: In the case of a natural person, 164 penalty units;
In the case of a body corporate, 600 penalty units
So a pet shop could face a $95,000 fine.
Information sheets
http://agriculture.vic.gov.au/ - I want to complete my animal sale permit report