Austrian Act Banning Docking

Anyone concerned at the far reaching effects that implementation of the European Convention for the Protection of Pet Animals can bring, need look no further than the following legislation introduced in Austria in 2000. Although most parts are genuinely concerned with animal welfare, it gives draconian powers to local authorities which can wrongly be brought to bear against owners and breeders who continue to act in the best interest of their animals. In Austria, the protection of animals is not a nation-wide law, there are different laws in the federal countries of Austria. With the agreement Art. 15aB all federal countries of Austria agreed in 2000 to decide on new animal protection laws within a certain time limit. This means, that tail-docking is allowed in some parts of Austria, but banned in others.

Docked dogs, whether bred or owned by Austrians or by exhibitors from other countries, may be shown without any restrictions. It is also allowed to breed from/with docked dogs. At the moment docking is banned in Salzburg. The other federal countries in Austria will follow suit, and docking could be banned in all parts of Austria in the future, but there don't seem to be any moves towards restrictions to show or import docked dogs from other countries - at least at the moment.

If you do not have the time to read it all, this link will take you straight to the part concerning tail docking, where as usual, no justification is given at all. This next link shows how local authorities will be able to ban any breed they like to class as "dangerous".

The original Act (in German) can be found on the Austrian Dog Information Centre site. The CDB would like to thank this site for bringing the legislation to our notice.

IF YOU LIVE IN AUSTRIA, YOU CAN HELP YOURSELF AND FELLOW AUSTRIAN BREEDERS BY READING THIS ARTICLE written by Maria-Luise Doppelreiter, a member of the managing comitee of the Austrian "Jagdspanielklub" (a member of FCI) , which has been published in the Austrian dog paper "Unsere Hunde"AND SENDING OFF THE SUGGESTED FORM.

Only Austrian inhabitants can apply against a law,

DRAFT Federal Act on the Protection of Animals (Animal Protection Act B TschG)

LIST OF CONTENTS PART I

General conditions

#1 Statement of objective

#2 Area of application

#3 Implementing legislation

#4 Definitions of concepts

#5 Principles of keeping animals

#6 Suffering of animals

#7 Killing of animals

#8 Events with animals

PART II

Specific provisions SECTION 1

The keeping of domestic and wild animals

#9 Domestic animals

#10 Wild animals

#11 Fur animals

#12 Animals for sport

#13 Animal homes

SECTION 2

The keeping of animals for use

#14 Index of suitability for animals

#15 Report

#16 Advice

#17 Seal of Animal Protection

#18 Slaughter

PART III

Organisational provisions

#19 Animal Protection Advisory Committee

#20 Animal Protection Legal Body

#21 The authorities

#22 Animal protection officers

PART IV

Provision for penalties and final clauses

#23 Provision for penalties

#24 Ban on keeping animals

#25 Forfeit

#26 References to other legislation

#27 Entry into force

#28 Enforcement

*****

PART I

General provisions

#1. Statement of objective

(1) The purpose of this Act is to protect the life and well-being of animals and to prevent an animal from being caused unjustified pain, suffering or injury, or being maliciously killed.

(2) Animals are to be treated so that the needs specific to their type are met to the greatest extent. Whoever takes an animal into his keeping has to care for its well-being.

#2. Area of application

Existing provisions in federal law for the purpose of animal protection as well as the legal provisions of the states regarding hunting and fishing are not affected by this Act.

#3. Implementing legislation

In so far as state legislation is authorised to operate as implementing legislation, it has to respect the provisions of the federal legislation as its principles.

#4. Definitions of concepts

Within the meaning of the Federal Act, the following definitions apply:

• 1. productive animal: an animal which is bred or kept usually for the production of food, wool, skin, fleece or other agricultural purposes in Austria;
• 2. domestic animal: an animal, which in Austria is usually kept in the living area for personal pleasure or as a companion and which is suited to this on the basis of its type or breed;
• 3. Wild animal: an animal that is neither a productive animal (line 1) nor a domestic animal (line 2);
• 4. fur animal: a wild animal kept for the production of its fur;
• 5. sporting animal: an animal which is used predominantly for sporting purposes;
• 6. making still: the application of a process to limit the capacity for movement of an animal for the purposes of making stunning or slaughter easier;
• 7. stunning: the application of a process in which the animal is made unconscious by a mechanical device, electrical current or chemical means;
• 8. slaughter: the killing of an animal, and the removal of its blood, for meat production;
• 9. animal home: an establishment for the care of stray or unowned animals.

#5. Principles of keeping animals

(1) Every animal must be accommodated, fed and cared for with consideration for its type, level of development, of adaptation and of domestication, corresponding to its physiological and behavioural needs in accordance with established experience and scientific knowledge.

(2) An animal is to be fed with suitable food so that it is caused no avoidable suffering or injury.

(3) The animal's need for movement, appropriate to its type, is not permitted to be restricted in a way that causes it unavoidable suffering or injury.

(4) If an animal is regularly tied up, chained or locked up, it must be given space which accords with its needs. The areas for sleeping and lying down must be of such dimensions that the animal can lie down in a way appropriate to its type.

(5) Lighting, temperature, humidity, circulation of air, ventilation and other environmental conditions must correspond to the needs of the animal.

(6) The well-being and state of health of an animal are to be thoroughly checked sufficiently often to spare it avoidable suffering.

#6. Suffering of animals

(1) It is forbidden:

• 1. to kill an animal by torture or maliciously, to bring it unnecessary pain, suffering, wounds or other injuries or unnecessarily to place it in great fear;
• 2. to neglect the accommodation, feeding, supplying with drink, protection and care of an animal to an extent that causes it pain or suffering, damages its health or exposes it to particular dangers or psychological stress which lead to a considerable impairment of its well-being; this responsibility for care also extends to the transport of animals and the driving of livestock;
• 3. except in emergencies, to demand of an animal achievements for which it is obviously unsuited by its size or which obviously exceed its strength;
• 4. to make use of an animal in a film production, performance of a play or show, publicity or similar purposes or events so far as these are associated with suffering, pain or injury to the animal;
• 5. to expose or abandon an animal kept in a house, commercial premises or otherwise in the care of person in order to rid oneself of it;
• 6. to set one animal on another animal or to train or test it against another animal for ferocity;
• 7. to transport an animal in the enclosed boot of a motor vehicle or to leave it behind in a parked, closed vehicle, if it can be foreseen that this will cause pain, suffering or injury;
• 8. to carry out an operation unrelated to the animal's health, including operations merely to serve the fulfilment of breeding conventions; castration and removal of horns under anaesthetic are excepted from this;
• 9. to breed animals, if the breeder must take into account that the animals' descendants lack parts of the body or organs on the grounds of inherited characteristics, are unsuitable or altered, and hereby pain, suffering or injury occur.

(2) The Federal Minister for Health and Consumer Protection can lay down by decree, in consideration of the Statement of Objective of this Act (#1) and the Principles of Keeping Animals (#5) and the state of scientific knowledge and experience, that certain types of behaviour towards animals, including particular operations and the use of certain harnesses, chains or other apparatus in the keeping of animals, or the use of their working capacity, or their being caught fall under the prohibitions of Paragraph 1.

#7. Killing of animals

(1) The deliberate killing of warm-blooded animals except for the slaughter of productive animals and for pest control can be carried out only by veterinary surgeons, except where swift killing is necessary to spare the animal agony.

(2) Stray dogs and cats can only be shot when it is not possible to catch them without endangering people, except when they are preying on animals far from an inhabited area.

#8. Events with animals

(1) The operation of a zoo, an animal park, a circus or a livestock market or any other event in which animals are used, placed on show or offered for exchange or sale, requires official approval.

(2) Approval is to be granted, if:

• 1. it is ensured that the animals are guaranteed to be appropriately kept according to the conditions of this Act (in particular #5) or a decree according to Paragraph 5;
• 2. regular veterinary care is ensured;
• 3. it is guaranteed that the required achievements of the animals are in harmony with their individual capabilities;
• 4. animals escaping and other animals finding their way in are successfully prevented.

(3) The approval can, so far as is necessary for the guaranteeing of the conditions in Paragraph 2, be granted on a basis restricted in either time or content. Restricted authorisation can be extended on the application of the holder, if the application is made before the expiry of the time restriction and the conditions for the granting of the authorisation are given in addition. If necessary, the conditions within the meaning of Paragraph 2 are to be varied.

(4) If the authorities establish that the care of the animals no longer corresponds to the conditions of Paragraph 2 or the prescribed conditions are not being complied with, they must provide notification of the necessary measures to achieve the situation required by law and threaten the holder of the authorisation with its removal. If the authorisation holder does not meet the stipulations within the prescribed time, the authorities must withdraw the authorisation.

(5) In consideration of the Statement of Objective of this Act (#1) and the other General Provisions of this Act as well as the state of scientific knowledge and experience, the Federal Minister for Health and Consumer Protection is to establish by a decree more detailed conditions for the minimum requirements for zoos, animal parks, circuses or livestock markets or other events within the meaning of Paragraph 1 concerning the keeping and care of the animals and the required protection of the public.

PART II

Specific provisions

Section 1

The keeping of domestic and wild animals

#9. Domestic animals

(1) Everyone who is in a position to comply with the legal provisions and in particular has the requisite knowledge and ability is entitled to keep domestic animals.

(2) The keeping of a dangerous animal in a residential area is forbidden. An animal is to be regarded as dangerous if, on the basis of its essential nature or the behaviour it shows, it endangers the safety of people and animals.

(3) State legislation is authorised to enact through implementing laws on the keeping of dogs more detailed conditions on:

• 1. the equipping of kennels as well as the nature of collars, chest harnesses, walking devices and chains for keeping dogs in the open;
• 2. the transport of dogs, including the size and fitting-out of transport equipment;
• 3. the conditions under which the keeping of dogs, from which typically a danger to people and animals can result, is permitted.

10. Wild animals

(1) The keeping of wild animals requires official authorisation.

(2) Authorisation is to be issued with the required conditions being stipulated, if:

1. the special needs of the animal are taken into account or the keeping of the animal is in the public interest;
2. no unreasonable nuisance is anticipated and secure keeping is guaranteed for animals which, according to their type, are dangerous to the life or health of people;
3. the keeper possesses sufficient knowledge about the keeping of the animal, which guarantees suitable accommodation, feeding and care of the animal within the meaning of #5.

(3) The approval can, so far as is necessary for the guaranteeing of the conditions in Paragraph 2, be granted on a basis restricted in either time or content. Restricted authorisation can be extended on the application of the holder, if the application is made before the expiry of the time restriction and the conditions for the granting of the authorisation are given in addition. If necessary, the conditions within the meaning of Paragraph 2 are to be varied.

(4) The authorities can postpone the requirement to obtain authorisation for up to a maximum of three years after the entry into force of this Federal Act, if this lies in the interest of providing even pressure on the authorities in the increase in administrative work for the granting of authorisations, and if the achievement of the Statement of Objective and complying with the General Conditions of this Act as well as the conditions of Paragraph 2 appear to be guaranteed without the granting of the authorisation.

(5) If the authorities establish that the care of the animals no longer corresponds to the conditions of Paragraph 2 or the prescribed conditions are not being complied with, they must provide notification of the necessary measures to achieve the situation required by law and threaten the holder of the authorisation with its removal. If the authorisation holder does not meet the stipulations within the prescribed time, the authorities must withdraw the authorisation.

(6) In consideration of the Statement of Objective of this Act (#1) and the other General Provisions of this Act as well as the state of scientific knowledge and experience, the Federal Minister for Health and Consumer Protection must establish by decree more detailed conditions for the proof of ability which persons must show for the keeping of certain types of wild animals.

#11. Fur animals

(1) Regardless of #10 the state legislation is authorised to enact more detailed conditions through implementing legislation on:

1. suitable food for the type of animal;
2. suitable care for the type of animal;
3. the behaviourally appropriate accommodation, in particular the minimum measurements, the conditions, the lighting and the ventilation of the animals' accommodation and the thickness of the fur covering the fur animals;

(2) A ban also on keeping fur animals can be issued through implementing legislation.

#12. Animals used for sport

(1) Achievements demanded of animals used for sport are permitted in training and practice only if the demands are suitable for the animals' size, do not exceed their strength and are not associated with pain, suffering or injury for the animals.

(2) The giving of doping substances is forbidden. A doping substance is a stimulant which by creating a state of euphoria, putting off exhaustion, or psychological influence brings about an artificial state leading to temporarily increased performance.

#13. Animal homes

(1) The operation of an animal home requires official authorisation.

(2) The authorisation will be issued, if:

1. it is guaranteed that the animals are to be appropriately kept according to the conditions of this Act (in particular #5) or a decree according to Paragraph 8;
2. regular veterinary care is ensured;
3. the director responsible has sufficient knowledge of the keeping of animals, which complying with the General Provisions of this Act guarantees.

(3) The approval can, so far as is necessary for the guaranteeing of the conditions in Paragraph 2, be granted on a basis restricted in either time or content. Restricted authorisation can be extended on the application of the holder, if the application is made before the expiry of the time restriction and the conditions for the granting of the authorisation are given in addition. If necessary, the conditions within the meaning of Paragraph 2 are to be varied.

(4) If the authorities establish that the care of the animals no longer corresponds to the conditions of Paragraph 2 or the prescribed conditions are not being complied with, they must provide notification of the necessary measures to achieve the situation required by law and threaten the holder of the authorisation with its removal. If the authorisation holder does not meet the stipulations within the prescribed time, the authorities must withdraw the authorisation.

(5) If it turns out after the authorisation of an animal home that the interests of animal protection or other public interests are not sufficiently protected despite compliance with the provisions laid down in the notification of authorisation, or that they are no longer adequate in the light of subsequent scientific knowledge and experience, the holder of the authorisation must adapt the facilities and operation of the animal home to a reasonable extent and if necessary gradually to the requirements. If he does not carry out this obligation, the authorities must stipulate the appropriate measures.

(6) The manager with legal responsibility for the animal home must keep a record book in which are to be entered by serial number: the name and address of the owner of, or of the person bringing in, the animal; a description of the animal; its day of arrival and state of health. On the animal's departure, the date and manner of departure (being given back, put down or dying) as well as the name and address of the person taking away the animal. This information is to be kept for three years. The holder of the authorisation is obliged to inform the authorities without delay of the change of the manager with legal responsibility.

(7) As far as is necessary for the purposes of inspection, official veterinary inspectors are to be granted access to all the facilities of the animal home and sight of the information referred to in Paragraph 6, as well as all information necessary for the inspection.

(8) In consideration of the statement of objective of this Act (#1) and the other General Provisions of this Act as well as the state of scientific knowledge and experience, the Federal Minister for Health and Consumer Protection must lay down by decree more detailed provisions for the minimum requirements for animal homes in relation to the fitting-out, care of animals, operational management as well as the training of the manager with legal responsibility.

Section 2

Keeping of animals for production

#14. Suitability for Animals Index

(1) In consideration of the statement of objective of this Act (#1) and the other General Provisions of this Act as well as the state of scientific knowledge and experience, the Federal Minister for Health and Consumer Protection must lay down by decree more detailed provisions for the provision of suitability for animals in the keeping of productive animals. This decree will lay down criteria by which the deciding facts for the well-being of the animals are to be evaluated in their totality and effectiveness: ability to move, social contact, composition of the ground, climate of the stall, light, level of care. The evaluation is carried out with the aid of a points system in which more points are awarded the more the conditions correspond to the animals' needs. The number of points is the measure of the suitability for animals of the conditions under which they are kept (Suitability for Animals Index).

(2) The decree has to lay down minimum requirements for the keeping of productive animals as well as a minimum number of points which the conditions under which the animals are kept must reach on the Suitability for Animals Index.

(3) Falling below the minimum number of points according to Paragraph 2 will not be subject to penalties in the case of animal husbandry in already existing buildings at the time of the coming into force of the decree for up to five years after the coming into force of the decree; the decree will provide for a gradual raising to the minimum number of points.

(4) In specific justified cases in which in the financial expenditure for adaptation to the standards is high in comparison with the economic profit from animal husbandry, the authorities can extend the period for up to five years.

(5) The decree is to be issued by 31 December 1997.

#15. Reports

(1) Anyone who keeps animals can obtain from the authorities a report on the evaluation of his husbandry according to the Suitability for Animals Index. In drawing up such a report the authorities can also use animal protection officers specially trained for this purpose.

(2) If anyone keeping animals is certified by a report within the meaning of Paragraph 1 as having reached the minimum number of points, he is not to be punished for contravention of #14, Paragraph 2 if in the course of an administrative punitive procedure it comes out that the conditions of the animals' keeping do not accord with the provisions of the Suitability for Animals Index. The animals' keeper is, however, obliged immediately to take steps to reach the situation required by law.

#16. Advice

Whoever gives instructions or advice on the subject of animal husbandry to someone who keeps animals, or plans, recommends or purchases facilities, apparatus, equipment, methods of husbandry or stabling for productive animals is obliged in the carrying-out of this activity to work towards compliance with this Act.

#17. Seal of Animal Protection

(1) The Austrian Seal of Animal Protection (Paragraph 2) will be awarded, on application, by the state government to keepers of productive animals who, in the interests of animal protection, voluntarily commit themselves to comply with a higher standard than that of the minimum number of points in the evaluation according to the Suitability for Animals Index.

(2) The Austrian Seal of Animal Protection is legally protected and may be borne only by those persons to whom it has been awarded. The Seal may be used in the marketing of products which originate in firms which have been awarded the Seal.

(3) The Federal Minister for Health and Consumer Protection is to lay down by decree the minimum number of points to be achieved on the evaluation according to the Suitability for Animals Index required for the awarding of the Austrian Seal of Animal Protection. This minimum number is to be set in such a way that the concept of animal protection in the husbandry of productive animals is fulfilled as best as possible. In the decree the appearance of the Seal is to be laid down and it is to be specified what regular inspections a keeper of productive animals who has been awarded the Seal is to undergo.

(4) The state government is to take the Seal away from anyone keeping animals who refuses to allow the carrying-out of an official veterinary inspection or when the conditions for bearing the Seal are no longer fulfilled.

#18. Slaughter

(1) Anyone who slaughters an animal must ensure that it is spared avoidable upset, pain and suffering.

(2) The slaughter of animals may be carried out only by persons who have adequate knowledge and ability, in order to carry out these activities in accordance with the requirements of animal protection.

(3) Anaesthetisation must occur before the animal is bled to death. Anaesthetisation can be dispensed with, if:

1. the compelling religious laws of a legally recognised church or religious group provide for this and the slaughtering takes place in a slaughterhouse suited for this purpose; or
2. veterinary medical reasons require this.

(4) In consideration of the Statement of Objective of this Act (#1) and the other General Provisions of this Act as well as the state of scientific knowledge and experience, the Federal Minister for Health and Consumer Protection can by decree:

1. forbid, allow or prescribe certain methods of slaughter and killing; as well as
2. issue more detailed provisions concerning the treatment of animals immediately before their slaughter or killing; and
3. issue more detailed provisions concerning the calming, anaesthetisation and removal of blood.

Consideration is to be given to the compelling religious laws of a legally recognised church or religious group in this matter.

PART III

Organisational provisions

#19 Animal Protection Advisory Committee

(1) An Animal Protection Advisory Committee is to be established at the Federal Ministry of Health and Consumer Protection, which is to advise the Federal Minister in all questions of animal protection, is to be consulted before the issuing of Federal Decrees based on this Act, and is to produce a report annually to the National Council on the state of animal protection in Austria. State bodies are to provide on demand the information required to the Animal Protection Advisory Committee for the carrying-out of its tasks.

(2) The following belong as members to the Animal Protection Advisory Committee:

1. two representatives of the Federal Ministry of Health and Consumer Protection;
2. one representative of the Federal Ministry of Agriculture and Forestry;
3. one representative of the Federal Ministry of the Interior;
4. two representatives, jointly nominated by the states;
5. one representative of the Institute of the Veterinary University of Vienna, which deals with questions of animal protection, animal husbandry and ethology;
6. one representative of the Institute of the University for Ground Cultivation, which deals with questions of animal protection, animal husbandry and ethology;
7. two representative of the umbrella organisation of Animal Protection Associations of Austria.

(3) The representatives under lines 5 to 7 will be appointed by the Federal Minister of Health and Consumer Protection. A deputy is to be nominated for every member of the Advisory Committee who will substitute for the member in the event of his indisposition.

(4) The chairmanship of the Advisory Committee will be assumed by one of the two representatives specified in Paragraph 2, line 1. The Advisory Committee will work out its own agenda and establish its dates of meetings and topics to be dealt with. If necessary, the Advisory Committee can summon experts for advice.

#20. Animal Protection Legal Body

(1) The states are to entrust an organisation with the tasks of an Animal Protection Legal Body. These tasks include supporting the importance of animal protection, the receipt of complaints about defects in the area of animal protection, the support of officials in carrying out their duties and advising the animal keepers and the public in all matters of animal protection.

(2) The state legislature will be authorised to issue more detailed provisions through implementing legislation concerning the organisation, tasks and rights of the Animal Protection Legal Body.

#21. The authorities

(1) The authorities within the meaning of the Act are the District Administration Authorities.

(2) Official veterinary surgeons and, in accordance with #22 of this Act and on the basis of this provision of the laws of implementation issued by the state legislation, the animal protection organisations are entrusted with monitoring compliance with the legal provisions for animal protection of this Act.

(3) Official veterinary surgeons and the organs of the public security services are entitled to use immediate commands or coercive force:

1. to bring to an end cruelty to animals where detected;
2. to take animals away from people where the danger exists that they are not fulfilling their legal protection requirement in accordance with #1, Paragraph 2 and to hand them over for care to persons or associations who provide keeping for animals within the meaning of #5, against replacement of the costs by the defaulting owner and at his risk;
3. in the case of animals for which continued life is obviously resulting in suffering because of pain or injury and where recovery is not to be expected, to ensure a painless death.

(4) If the conditions for keeping the animal in accordance with the law have been created within two month of its seizure, it is to be returned. Otherwise it is declared to be forfeit, if within the specified period the owner is not able to be responsible for the animal in a way that is expected to be in accordance with the regulations for its keeping.

(5) The branches of the public security service are to participate in the fulfilment of this Federal Act in the observation of the other duties incumbent on them.

#22 Animal protection officers

(1) The state legislation is authorised to designate by implementing legislation the setting-up of honorary animal protection officers and to issue more detailed provisions regarding:

1. the tasks and the rights and duties of animal protection officers;
2. the demands made on animal protection officers;
3. the training of an animal protection officer;
4. the appointment and revocation of appointment of animal protection officers;
5. the supervision of animal protection officers.

(2) Only the following persons in their own right are allowed to be appointed as animal protection officers. They must:

1. have attained the age of 19;
2. hold Austrian nationality;
3. possess the mental and physical aptitude for the tasks connected with their activity, and the necessary trustworthiness;
4. have knowledge of the area of animal protection and be trusted with their rights and duties.

(3) The implementing legislation must take precautions to ensure that animal protection officers who are enlisted by the authorities to draw up reports in accordance with #14 have the requisite all-round technical training and the requisite knowledge for the submission of such reports.

(4) Animal protection officers are obliged to notify infringements of the animal protection Provisions of this Act or the implementing legislation and decrees based on it.

PART IV

Provisions for penalties and final provisions

#23. Provision for penalties

Anyone who:

1. keeps an animal in contravention of the principles of #5,
2. causes suffering to an animal as defined in #6;
3. kills an animal in contravention of #7,
4. stages an event with animals without authorisation as defined in #8,
5. keeps a dangerous animal in contravention of #9, Paragraph 2,
6. keeps a wild animal in contravention of the provisions of #10,
7. trains or practises an animal for sport in contravention of the provisions of #12,
8. operates an animal home without authorisation as defined in #13,
9. keeps a productive animal in contravention of the provisions of #14, Paragraph 2,
10. grossly disregards advice in contravention of the provisions of #16,
11. bears or uses the Seal of Animal Protection in contravention of the provisions of #17,
12. slaughters an animal in contravention of the provisions of #18 and the decrees issued in relation to this,
13. keeps an animal in contravention of a ban under the provisions of #24,

commits, in so far as this behaviour does not constitute a case falling within the responsibility of the courts, an administrative infringement and can be punished by the district administrative authorities with a fine of up to 50,000 Austrian shillings. If the perpetrator has profited financially from the punishable behaviour, he can be punished with a fine of up to 100,000 Austrian shillings.

(2) Attempted such behaviour is also punishable.

(3) The fines raised accrue to the state in which the administrative infringement was committed. They are allocated to be used for the purposes of animal protection.

#24. Ban on keeping animals

(1) The authorities can ban from keeping animals a person who has been punished more than once by the district authorities for causing cruelty to animals or been punished once by the court for at least one offence of aggravated cruelty to animals. The ban can be imposed for all or particular types of animals for a specific period or permanently. This also applies where the punishment was not imposed only because of mental incapacity. The extent and duration of the ban are to calculated so that with regard to the previous conduct of the person concerned cruelty to animals can be expected to be avoided.

(2) The authorities can merely threaten such a ban if it is expected to suffice to prevent the person concerned from perpetrating cruelty to animals in the future.

(3) If an animal is kept in contravention of a ban under Paragraph 1, the authorities are to remove it without further proceedings and arrange for its temporary keeping and care. Moreover, they are to declare that the animal has been forfeited.

(4) The costs arising from the temporary keeping of the animal are to be repaid by the owner to the authorities.

#25 Forfeit

(1) Objects, which have been used in the infringement of this Act or a decree based on this Act, and animals against which the punishable behaviour has been committed, are to be declared forfeit if it is expected that the perpetrator will continue or repeat the offence.

(2) An animal declared forfeit is in accordance with the legal provisions to be set free or handed over to such persons or associations who offer the guarantee of keeping in accordance with this Act. If this is not possible or if continued life obviously entails suffering for the animal, it is to be painlessly killed. The costs of the killing are to be allocated to the former owner.

#26 References to other legislation

In so far as there are references within this Act to provisions of other federal laws, these are, so far as not otherwise specified, to be applied in their version prevailing at the time.

27 Entry into force

(1) This Federal Act will enter into force on 1 January 1997. (2) Decrees and implementing legislation based on this Act can be issued from the day of its publication. These decrees and implementing legislation can, however, take effect only when the coming into force of the legal basis for them which exists for them at the time comes into effect.

#28 Enforcement

For the enforcement of this Federal Act:

(1) so far as it concerns the Federal Government, the Federal Minister for the Interior is responsible with regard to the provisions of #21, Paragraphs 3 and 5, and the Federal Minister for Health and Consumer protection for the rest;

(2) so far as it concerns the state, the state government is entrusted. It is requested that this motion is given a first reading within three months and, with interest, referred afterwards to the Constitutional Committee.

Explanations

"Domestic animals" are understood to include dogs, cats, hamsters, guinea pigs, canaries, budgerigars and comparable animals capable of being kept. Through the wording "usually" and "in a residential area" this definition is to be more clearly restricted than by a mere enumeration of the types of animals to those in fact currently in Austria.

In the description of the concept "animal for sport" - it is assumed that people use such an animal predominantly for sporting purposes. Besides horses used for sport, dogs taking part in races and competitions, for example, as well as other animals used primarily for sporting purposes are understood. The classification problem arises regarding horses in that they are indeed primarily used for sporting purposes, but at the same time often, like pets, are a companion to the person. As far as horses are not used for agricultural purposes, the general prevailing conditions for domestic animals are valid by analogy.

Re #6 (Cruelty to animals)

Paragraph 1 contains an enumeration what essentially constitutes cruelty to animals, as already contained hitherto in the animal protection legislation of the states. Apart from cruelty to an animal resulting from intentional action, it can also be caused by omitting to carry out measures of care, in so far as suffering is thereby caused to the animal. With regard to the legal definitions in the states' legislation, the particular definitions were simply made more abstract by which it was ensured that, without unnecessary casuistry any behaviour which was forbidden as cruelty to animals in any one state is henceforth forbidden at a federal level. In order to clarify which actual deeds are concerned and to be able to react to new forms of behaviour involving cruelty to animals which may arise, a relevant decree authorisation will be granted (see Paragraph 2).

Forbids the unjustified or painful killing of an animal as well as causing pain, cruelty, injuries or other damage. Neglect of the duty of care for an animal, in which is also included the duty to refrain from causing pain, damage or suffering in transporting or driving animals. [Translator's note: there is no context given for these in the German original.]

Putting out an animal hitherto kept in the care of a person is forbidden in principle. In the case of wild animals which were temporarily cared for or tended, putting out can be accepted only if it is to be assumed that the animal placed on its own can again live in accordance with its type.

Fights between animals (setting one animal on another) as well as training an animal (for protection work) with the use of another animal are forbidden.

Although already published under line 1, the transport of an animal in an enclosed boot and the leaving of an animal in a locked car without appropriate precautions are included, on account of their frequent occurrence, in the enumeration of actions open to proceedings.

The docking of ears or tails in the case of dogs or similar operations, which previously represented pedigree characteristics, are forbidden absolutely. A reconsideration of pedigree standards therefore becomes necessary.

Line 9: governs the previously undefined concept "cruel breeding" and describes forbidden breeding measures. The decree authorisation of #6, Paragraph 2 should establish the wider regulation of dealings with animals as well as the detailed enumeration of forbidden operations. Additionally, a regulation (e.g., on cattle trainers, livestock prods) as well as a possibly required ban on certain apparatus (e.g. spiked collars) is to be made possible. Additionally a ban on certain very painful methods of catching animals which are not included in hunting law, e.g. steel traps, can be imposed with a decree of this kind.

Re Paragraph 2: Numerous hunting laws have hitherto contained legal animal protection provisions inasmuch as they allowed the shooting of cats and dogs which are stray or illegally hunting. In provisions of this kind the issue is B see the explanations to the motion concerning the alterations to the B-VG [Translator's note: this is evidently another Austrian law but in the absence of more background information it is not possible to specify which.] B not the provisions of the hunting law, but, in so far as more than necessary suffering can be hereby caused to domestic animals and the legitimate interests of the animal owners are attacked, the provisions of animal protection law.

The Federal Legislature is, however, obliged within the framework of animal protection to take sufficient account of the interests of legal hunting (cf. VfSIg. 10.292/1984). This weighing-up carries out the provision under which the following evaluation forms the basis: according to current scientific knowledge the disturbance in a residential area which at most results for game from preying cats and dogs is negligible in comparison with the disturbance caused by human settlement as such, in particular also by the resulting vehicle traffic created. Even the direct damage which dogs cause by the snatching of game is negligible in comparison with the constant damage caused by road traffic. In relation to this there exists the concern of cat- and dog-owners that their animal which has temporarily run off should not die a painful death, particularly as the game laws with proportionately more limited means, in particular the threat of administrative penalties, can take sufficient care of the protection of game.

Matters stand differently when such pets have obviously permanently escaped from the keeping of their owners with the result that they are found, far from an inhabited area, preying on game which otherwise is living undisturbed. This also applies when such an animal cannot be captured without danger to people. In this context it should be stressed that from the perspective of the fight against rabies the shooting of stray dogs is no longer required, because the disease among foxes has as good as died out as a result of vaccination, and when, moreover, among dogs the only rabies left appears as the so-called "dumb rabies".

Re #8 (Events with animals)

Paragraph 1: in future all events with animals will require authorisation, from which it is to be assumed that hitherto these events for the most part were already subject to either veterinary official inspections or administrative-police authorisations, so that no additional administrative expenditure will arise from the additional authorisation under the animal protection laws. The enumeration of events cannot by its nature be complete, representative examples are to be explained anyway, as the regulation of the requirement for authorisation is seen in its entirety by the legislature.

Paragraph 2: the conditions to be fulfilled for the granting of authorisation by the authorities are include in the conditions enumerated in lines 1 to 4. The require regular veterinary care has been prescribed analogously to the conditions contained hitherto in the regulations of the state laws.

Re #9 (Domestic animals)

Paragraph 1: In principle only persons with the necessary knowledge and ability for the keeping of the relevant type of animal are to keep animals. By ability not only are personal abilities to be understood but also the requisite other conditions including the necessary spatial requirements.

Paragraph 2: In this provision there has consciously been no enumeration of particular types of animal or breed. Endangering the safety of animals and people is not only linked to particular types of animal but also depends on the development and training of a particular animal by a person.

Paragraph 3: Through the authorisation to issue implementing legislation with respect to the keeping of dogs, the states are to placed in the situation in which the existing regulations in their legislation can be retained or new such provisions created. A federation-wide unified regulation has been avoided, in order to take account better of wishes specific to states, particularly as the existing regulations concerned are to be considered as of equal value from the point of view of animal protection.

In the implementing legislation falls also the authority to issue more detailed provisions for the keeping of particular breeds of dog regarded as dangerous, to decree, e.g., particular proof of reliability or qualification; relevant inspections, including of breeding establishments; or a complete ban on specific such breeds.

Re #12 (Animals for sport)

Animal protection in the area of sporting events (training and competition) with animals was hitherto not, or not sufficiently, regulated. Besides taking consideration of the individual power of achievement of the animal as prescribed in Paragraph 1, the application [of stimulants] is forbidden in principle in Paragraph 2. The regulations on drugs for animals are already extensive; however, the normal addressee of drug laws is usually not the animal owner. This loophole is to be closed by this provision.