BREED SPECIFIC LEGISLATION (BSL) in Australia 

(reprinted from the GSDCQLD Inc. "Fidelity")

In 2001, Breed Specific Legislation, “BSL” was introduced in Queensland, it was to include only those breeds already banned from importation into Australia, the American Pit Bull Terrier, the Fila Brasiliero, Japanese Tosa Inu and the Dogo Argentino.  

The legislation “LOCAL GOVERNMENT ACT 1993, DRAFT LEGISLATIVE PROPOSALS A regulatory framework for restricted dogs September 2001,” was implemented and became Chapter 17A of the Local Government Act, regardless of the fact that there was

253 submissions received when the draft legislative proposals was open to public submissions, in mid-September 2001, 218 were opposed and 34 were in support, and one could not be classified.

No favourable facts or evidence were produced to support BSL, and no guidelines to monitor its effectiveness, costs, or impact on people involved in seizures were established. The legislation was voted in, that's democracy for you!

CH 17A as it currently stands sets strong restrictions for 4 breeds currently listed under the Federal Import Ban, listed as Item 26 in Schedule 1 of the Customs (Prohibited Imports) Regulations 1956. The current controls on "dangerous" breeds of dogs commenced in 1992 with the Gazettal of Statutory Rule 189 on 30 June 1992. Any further breeds listed under federal IMP ban will be subject to CH17A, while small amendments could easily allow further breeds to be listed under CH17A at the state level.

Model Local Law No 4 Keeping & Control of Animals allows local governments to also set measures on dogs by breed, this power is not limited by CH 17A.

Two shires in Queensland, now have the GSD listed as a Dangerous Dog Breed:

Mount Morgan Shire

Kilkivan Shire

http://www1.dlgp.qld.gov.au/lg-contacts/councilsearch.asp

The owners of GSD’s in these shires, have restrictions imposed on their housing and ownership, the way the dogs are to go out in public, eg: by wearing a muzzle and I believe a special collar, but this is to be confirmed. Those that compete in obedience trials or shows, in these shires, without the correct outfitting of their dogs, can be fined under local law, as these trials and shows are usually carried out on local government owned grounds. To date, the GSD owners who skirt the by-laws have escaped prosecution.

In other areas of Queensland, such as in Mount Morgan Shire Council, they have classed any dog as dangerous that is 60 or more kilos in weight – A height of more than 1100mm ((44 inches) it does not state where measurement to be taken from) – Any dog used for hunting of wild game (such those that are used to hunt down wild boars) are owned, also under restrictions, as per their council by-laws.

Pre Breed Specific Legislation, there was talk that more than just the four original banned breeds and their crosses would be included and individuals sent in submissions of their opposition to BSL. It was thought that it could happen, and now it has, the GSD is appearing on Dangerous Dog breeds listings once again!

Some local government animal control officers, believe, as do some that are involved with the working GSD, that the GSD has no place in the homes of pet owners, as they are 'high drive herding/guard dogs’, too much for the pet owner to control and raise correctly.

Some Local government officers are seizing on any bad publicity available in regards to attacks. Dog bite statistics that require hospital treatment are being quoted in the media, along with the GSD name, and these statistics generally do not take into account the GSD is one of the most popular breeds of dogs in Australia, they are figured on a per capita basis of attacks. Identification of the attacking dog is taken from any source, eg victim, witness, ACO etc, this includes crossbreeds, and well known breeds can easily be wrongly blamed.

I was not involved in the breed, apart from as a pet owner of a wonderful GSD, pre the ban lifting in Australia, 1974, my dog was a R.A.A.F dog that was destined to the Vietnam war, but was not hard enough on the sleeve, he was a fantastic dog, companion, guardian and lover of our numerous guinea pigs and chooks, with tons of intelligence!!!

Through the tireless, hard work from committed members of the German Shepherd Dog Council of Australia and interested and dedicated individuals, petitioning the Governments, both state and federally, implementing breed improvement schemes, sending hours of positive public relations articles about our wonderful breed, we finally saw the breed ban lifted

The Endangered Dog Breeds Association of Australia - EDBA- http://www.edba.org.au

has been given articles on the breeds ban and the then lifting of the bans, from the "A Condensed History of the German Shepherd Dog in Australia 1929- 1990" and they have been using this information to help in the fight to overturn BSL and to stop the seizing of innocent, much loved pets, through ignorance on the breeds and also the local governments failure to toughen up on those serial repeat offenders, that are the irresponsible dog owner!

Our members of the German Shepherd Dog Club of Queensland, have been very busy, educating the public on the joys of living with our breed, on how to raise and train the German Shepherd Dog to be a much admired breed of dog within our community, the versatility of the breed, be it as a companion, show dog, obedience dog, service dog etc. the dreadful happenings of the World Trade Centre, September 11, 2001, saw many of our breed working tirelessly, in a dangerous and risky environment, seeking out those that were entombed within the ruins.

 Recently, there was a major victory with Burdekin Shire: 

"Two years ago the Burdekin Shire Council took every one by surprise when they passed a by-law declaring ALL Bull Mastiffs, Dobermans, GSDs and Rottweilers as dangerous. After much persistance the Council  agreed to have it open for public discussion and review. That was 18 months ago.

On July 17, 2003  at a full meeting of the Burdekin Shire Council the BSL was thrown out and it was decided that the' deed not the breed ' should deem whether or not a dog is to be declared as dangerous. One of the comments from the Shire Secretary was that they were stunned by the response from all over Australia to their initial by-law. The Breed Clubs rallied the troops - and the good news is that we won !" Liz Smith, GSDCQLD member and website Liaison Officer.

If you would like to obtain copies of the original Breed Specific Legislation or any other documents and data we have, please feel free to e-mail me: gsdcqld@bigblue.net.au and I will be happy to forward to them to you.

The only way we are going to see the GSD breed come through BSL, unscathed, is to work together as dog owners, not exclusively GSD owners. By opposing BSL with factual scientific evidence at every given opportunity, in the media, at council meetings, spread the word.

Expose those welfare groups, government bodies and individuals that support BSL by challenging them to provide evidence backing their claims of dangerous breeds, & evidence of BSL effectiveness over the last 20 years. World-wide there is none, UK, USA, Germany, no Government has reduced dog attacks by frequency or severity with BSL, in the UK attacks are up by more than 25% since the introduction of the DDA in 1991.

Lets work together to reduce dog attacks & the implementation of effective dog control laws “nation wide” based on deed not breed, targeting irresponsible dog owners.

Love your dogs!

Heidie Grimson

Breed Bans Officer, for the German Shepherd Dog Club of Qld. Inc.

(reprinted from the GSDCQLD Inc. "Fidelity")