By PATRICK CROSBY
What is Breeding Specific Legislation?
Breeding Specific Legislation (BSL) is legislation that targets a breed of dog. This legislation can range from banning entire breeds to restricted ownership. In Australia legislation requires owners of specific breeds to advertise warning signs on their property, use a muzzle on the dog when outside as well as comply with enclosure requirements.
Australia was one of the first countries to introduce BSL. In 1929 the import of the Alsatian dog was banned amid fears that it would breed with the native dingo and create a “massive sheep-eating machine ” . The ban was lifted in 1974 after intense lobbying and a name-change to German shepherd.
What breed is mostly affected by BSL?
In Australia, several breeds have been labelled as “restricted dogs” , mostly for their early ancestry in hunting and fighting. These include the American Pit Bull Terrier, Japanese tosa, dogo Argentino and fila Brasileiro.
A restricted dog may not be sold or given away; it is also against the law to acquire a restricted breed. In an attempt to wipe out these breeds from Australia, the dogs must also be desexed.
Interestingly, the recent move to breed out American Pit Bulls has been endorsed by members of the RSPCA in Victoria, notably RSPCA Victorian president Dr Hugh Wirth.
“They [Pit Bulls] are time bombs waiting for the right circumstances,” Dr Wirth said. “The American Pit Bull terrier is lethal because it was a breed that was developed purely for dog fighting, in other words, killing the opposition.”
Why is do we have BSL?
Some breeds of dog have been bred in the past to hunt and fight. Pit Bull dogs were originally bred to fight bulls in large, open pits as a spectator sport (hence the name) as well as dog fighting. Because of their history of fighting and hunting, these dogs are considered more dangerous than other breeds.
One consideration is that the pit bull breed is heavier and impervious to pain, which makes an attack from a pit bull much more serious than a smaller dog. Because of the added threat to humans, the pit bull and other similar “fighting” dogs would be the first choice to ban.
BSL is also used as a deterrent for the owners of “dangerous” breeds. In November 2007 penalties for dog attacks increased to $14,000 as well as jail for dog owners.
A common trend?
Breed Specific Legislation only appears when there is a highly publicised dog attack, usually on a child.
The Dangerous Dogs Act 1991 was introduced in the United Kingdom after various incidents of injury or death were blamed on aggressive and uncontrolled dogs, particularly on children.
In 2000 a six year old boy was killed by two pit bulls in Hamburg, Germany. The killing was soon followed by a breeding and importation ban on four types of ‘ “fighting” ’ dog.
In 2005 a boy was attacked and killed in NSW by the family pit bull, which enabled the Carr government to introduce compulsory neutering.
In Perth later that year a similar event happened, however, the boy escaped with minor injuries to his face and head.
Earlier this month a man and small girl were attacked by a pit bull in northern Melbourne.
These incidents received heavy media attention, resulting in increased public concern over the keeping of “dangerous” dogs, resulting in legislative response.
Criticism of BSL Australian Veterinary Association secretary Dr Hopwood said: “The AVA bases its policies on the best available international research. This research clearly shows that requiring breeds such as pit bulls to be desexed is not the solution to adequate control of dangerous dogs.”
A national RSPCA campaign titled Ban the deed, not the breedhas also been implemented to educate pet owners and the public. National RSPCA president Lynne Bradshaw told the Sydney Morning Herald, “Ultimately, the responsibility of a dog will always rest with the owner. It’s convenient to blame the dog when things go wrong, but to ignore the human factor is a paltry attempt to address the issue from the wrong end.”
The American Pit Bull Club of Australia is also wary of new BSL laws proposed, with president Colin Muir slamming the proposed 2010 changes as reactionary and ill-informed.
“I’ve really got concerns that a few hours after an incident the government announces legislative changes,” Mr Muir said, “That cannot be well thought out public policy.”
What can we expect in 2010?
Due to recent pit bull attacks, Victorian Premier John Brumby announced that tougher penalties would be enforced and that councils will have “greater powers to control restricted breeds” .
The increased powers include the ability to kill any unregistered, dangerous dog found roaming the streets without allowing owners the right to appeal.
“If there is a dangerous dog breed, if there is a restricted dog and it’s running along the street, you know, with no collar and not muzzled, that dog will be taken in by council and it will be put down,” Mr Brumby told reporters.
“This is a stronger policy, it’s a tougher policy, there will be appeal rights that will be removed so the power will be in the hands of councils to make sure they can deal with dangerous dogs that reoffend or restricted breeds that are not complying with the terms of their registration.”
