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Desexing

As of 1 July 2018, it is in most instances compulsory to desex a dog or cat [Dog and Cat Management Act 1995 (SA) s 42E].

A dog or cat must be desexed:

  • before they reach 6 months of age, or
  • within 28 days of an owner taking possession of the animal,

whichever is later [Dog and Cat Management Act 1995 (SA) ss 42E and 70(2); Dog and Cat Management Regulations 2017 (SA) regs 12 and 18(2)].

This means that dogs and cats that are aged 6 months or older before 1 July 2018 are exempt from the requirement to be desexed, but those born on or after 1 July 2018 must comply with these requirements.

Working livestock dogs are exempt from the requirement to be desexed [Dog and Cat Management Act 1995 (SA) s 42D].

What is the penalty for failing to desex a dog or cat?

The maximum penalty for failing to desex a dog or cat is [s 42E]:

  • if the dog is a prescribed breed: $5,000 fine (expiation fee: $750)
  • in any other case: $2,500 fine (expiation fee: $170).

What if a dog or cat continues to not be desexed after a fine has been paid?

A further offence is committed for every 3 months that the dog or cat fails to be desexed. The 3 month period commences from the day on which the person was found guilty of the original offence, or the day on which they paid the original fine, whichever applies [see s 42F].

What if de-sexing would pose an undue risk to the health of a dog or cat or adversely affect their growth, development or wellbeing?

A registered veterinary surgeon may grant an exemption from the requirements to de-sex a particular dog or cat for these reasons [see Dog and Cat Management Regulations 2017 (SA) reg 13(2)]. An exemption due to the health of the dog or cat may be for a limited or an indefinite period, but an exemption due to the growth, development or wellbeing may only be for a maximum of 18 months [reg 13(4)(b)]. The exemption must be by notice in writing as required by the Dog and Cat Management Board [reg 13(5)]. The Board or the registered veterinary surgeon may vary or revoke an exemption if it is no longer necessary [reg 13(7)].

What if a dog or cat was de-sexed interstate?

If a dog or cat has already been de-sexed in another State or Territory in accordance with the law of that State or Territory, then as long as it conforms to the Australian Standards and records a unique identification number, it will be taken to have been de-sexed in accordance with the requirements in South Australia [regs 10(8) and 18(3)].

From more information about microchipping and desexing, visit the Dog and Cat Management Board website, contact your local council or visit Dogs and Cats Online.

Desexing  :  Last Revised: Mon Jul 2nd 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.