Phase Two of the Prevention of Cruelty to Animals Amendment (Puppy Farm) Bill 2024

RSPCA NSW supports strengthening the regulatory framework for dog breeding in NSW. We continue to advocate for meaningful review of the Prevention of Cruelty to Animals Act 1979 (NSW) to wholistically improve animal welfare, and to improve the lives of animals in NSW.  

Animals in breeding establishments are particularly vulnerable, often kept in large numbers, and bred at rates not compatible with good animal welfare. RSPCA NSW has always advocated for robust statutory protections for breeding animals in NSW. 

On 15 November 2024 the Prevention of Cruelty to Animals Amendment (Puppy Farm) Bill 2024, passed through the NSW Parliament. 

The Bill amends POCTAA and other related legislation, and its stated intention is to regulate dog breeding, and the advertising of dogs for sale or other transfer, introduce mandatory requirements for breeder identification, and impose limits on the number of adult female dogs in dog premises.  

Below is an overview of the first two phases of the Bill, the second of which comes into effect today, 1 December 2025: 

Phase 1 – In force already:  

What is involved
RSPCA NSW Response
Maximum number of female dogs over the age of six months capped at 20 (from December 2026 no more than 50 female adult dogs can be kept in a dog premises until December 2035)
We support capping the number of breeding dogs in a dog premises, and we acknowledge the potential benefits of reducing the numbers of dogs in a single premises, a cap on breeding females does not, on its own, achieve this. Dog premises as defined in the Bill, can still house very large numbers of dogs at once taking into consideration male dogs (sires), desexed animals and puppies. As there are no total enforceable limits, the welfare risks associated with intensively housed and bred dogs remains. In addition to a cap on breeding females, a limit on total canine capacity for a premises would assist in ensuring that breeding facilities are not running at an intensity that is detrimental to the animals on-site. We also emphasise that there is no guarantee, by simply capping capacity, of an improved standard of care for dogs in these establishments without requiring this through an updated Code of Practice. The Code of Practice for Breeding Dogs and Cats has not been substantively reviewed in over 16 years. It also requires assessment against improvements in animal welfare science and modernisation.

Phase 2 Rolled out from 1 December 2025: 

What is involved
RSPCA NSW Response
Mandatory Breeder Identification Number (BIN) required Anyone breeding dogs, commercial or large-scale breeders, occasional breeders, or those with accidental letters, will be required to obtain a BIN. The mandatory BIN can be obtained through the NSW Pet Registry and is free when creating a breeder profile.
Registering dog breeders has the potential to improve oversight and communication within the compliant sector of the industry. However, such administrative amendment is unlikely to significantly improve conditions on their own, and bolstering enforcement agencies to support this law reform would be required to have wider benefits. Agencies like AWL, NSW Police and our organisation already have limited resources and must prioritise enforcement efforts that directly address and reduce animal cruelty. In 2021 it was estimated that there were around 930 breeders in NSW, meaning the scale of the enforcement required would be substantial.
Staffing requirements. The Bill inserts an offence provision requiring occupiers to maintain staffing ratios of one staff member (a person over the age of 14) for every 20 dogs over 12 weeks of age. Litters of dogs under 12 weeks of age are counted as one.
RSPCA NSW advocated for strengthening this provision to provide one full-time, qualified carer per ten animals to ensure proper care and oversight. The Bill requires occupiers of a dog premises to provide one staff member to 20 dogs, with a requirement that the staff to animal ratio round up to the nearest whole number, meaning that one staff member is required for 20 dogs, and two staff members for both 30 and 40 dogs. RSPCA NSW considers that the staff-to-animal ratio is inadequate to ensure proper care. The Bill permits unqualified, part-time, volunteer, or family members to be counted as staff. Each dog may, on this calculation receive 24 minutes from the person required to care for them that day. This is far from sufficient to meet their needs, particularly when living in confinement conditions within a breeding facility.
Lifetime breeding limits will apply for female dogs, with a maximum of five litters in total during their lifetime, or up to three caesarean litters with veterinarian approval, whichever occurs first.
RSPCA NSW provided advice in June 2024 that the maximum caesarean births should be limited to two. The need for caesarean confirms either a risk of, or diagnosed, dystocia (difficult or obstructed labour), and requires the animal to undergo anaesthesia and surgery with the associated risks and exposure to discomfort, pain and fear or anxiety related to hospitalisation and veterinary intervention. It also indicates an individual that will be propagating health and confirmational traits associated with higher risk of dystocia in its offspring. Limiting the number of litters for dogs that can’t give birth naturally is essential to encourage breeding for healthier traits, ensuring future generations can whelp without complications. Therefore, a breeding female should be retired after a single caesarean in the majority of cases. There are a small number of scenarios where a following pregnancy may be considered low risk for requiring a subsequent caesarean which could influence the setting of mandatory caps.

The below advertising requirements and penalties have also come into effect as of 1 December 2025.  

Advertising requirements  

Strengthened advertising requirements for the sale or transfer of dogs come into effect, and certain identification information to be disclosed prior to the sale or transfer of dogs born on 1 December 2025 or after.  

Breeders will no longer be able to use their recognised breeder number from their dog breeding association as identification.  

Penalties 

For individuals, penalties range from up to $11,000 or 6 months’ imprisonment for failing to obtain a BIN and up to $110,000 or 2 years’ imprisonment for breaching lifetime litter limits or the cap on female adult dogs. Corporations face penalties up to $550,000 for breaching the laws. 

“RSPCA NSW supports meaningful caps on animals in breeding premises. These amendments relate only to dogs, and exclude greyhounds, police and corrective services dogs, working dogs and assistance dogs from some of the protective provisions in the Act.  

However, we are conscious that this is stage two in a three-stage process of rolling out the amendments, and so we are committed to upholding and enforcing all legislation entrusted to us by the NSW Government. We will continue working to improve the welfare of breeding animals in NSW,” said RSPCA NSW Chief Veterinarian, Liz Arnott.  

“Whilst this reform represents progress, numbers alone do not improve the lives of dogs used for breeding. Without comprehensive standards of care, enforceable limits on total dog capacity, and improved staffing requirements, significant welfare risks will persist in high-intensity breeding environments.

RSPCA NSW will continue to advocate for evidence-based amendments that ensure all animals in breeding facilities are protected by strong, contemporary welfare legislation.” 

For more information on the key improvements RSPCA NSW urged the NSW Government to consider, click here. 

For more information on the new legislation and what this means for dog breeders in NSW, click here. 

For all FAQ’s, see the NSW Government website here.

 

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