Bird sale anouncement Victoria all states ???

[gouldianpaul]

Thanks for the update Sam.

It seems the Minister does not feel the need to respond to the majority of emails she has received on this topic. I know many who have emailed her on this issue and like myself haven't even received acknowledgement of our emails, let alone a response to the issues raised. This is very disappointing. We can only keep putting the facts on the table and maybe those in power will start listening....hopefully before we go into election mode.

Cheers
Paul

[Mr Tino]

Hi everyone I just wanted to let you know there is a petition done by Australian Aviculture on the website for all you people out there all you have to do is download it from the website and sign it through club and friend who breed birds,it for future birds sale to continue has it was please I recommend everyone to help and sign it.The more people sign it the more it will help to resolve this problem.

[SamDavis]

At the ABA meeting on Tuesday in Sydney we were advised by ABA President Craig Jefferies that the VAC was to have a meeting today with an adviser to Minister Jaala Pulford. I would be most interested to hear the nature and outcome of this meeting. Does anyone know?

[gouldianpaul]

Hi All,

In June I emailed the Minister regarding my concerns regarding the current problem with sales in Victoria. Well after 3 months she replied to my email. Essentially she reminded me that the legislation has been in place since the early 1990's and that nothing has change. No offer to review the situation and basically a standard email telling me how to suck eggs.

I haven't responded to her email yet, but I will do so letting her know how inadequate her response was and that like many aviculturists I will keep her lack of help in my memory bank when the next state election comes along.

If anyone would like a copy of her email/letter to me just PM me your email address and I will pass it on.

Cheers
Paul

[matcho]

So Paul,
What you are saying is that the legislation has been in for many years but has never been really enforced until such time as an astute person with motives has found it? She has complained. Once again the old saying is "The squeaky door gets the most oil!" but in my way of thinking it looks like "Minoritys rule". Not good.

Hopefully it will not travel across borders.

Ken.

[gouldianpaul]

So Paul,
What you are saying is that the legislation has been in for many years but has never been really enforced until such time as an astute person with motives has found it? She has complained. Once again the old saying is "The squeaky door gets the most oil!" but in my way of thinking it looks like "Minoritys rule". Not good.

Hopefully it will not travel across borders.

Ken.

Hi Ken,

Essentially that is what the Minister has told me in her letter.

So it is now up to the Committee's of each sale to organise a pet shop licence and allow each sale to operate under the system whereby each person selling their birds does so through consignment under the committee who hold the pet shop licence. If they don't go down this path it is my opinion that the sales will continue to have the same problems as we experienced in 2015. I'm sure most people attending this years sales did so with a view of showing their support, but also knowing that not many birds could be bought/sold on the day.....If this problem is not rectified through solutions such as the pet shop licence I'm sure the numbers at next years sales will drop right off.

Cheers
Paul

[Craig52]

Sounds like we all got the same email just with our names on it that was different. The original amendment was put into place to stop birds being sold in flea markets/Sunday markets etc.
There was a huge amount of complaints of how the birds were being displayed and disposed of eg milk cartons and paper bags and shoe boxes amongst other things.
Most of these birds were canaries,lovebirds,spice finches and others as well as budgies.
We have to prove that our bird sales are professionally run and now evidently the organisers need some sort of permit so we can display and sell non native birds.
I forwarded my email to Sam Davis who in reply told me that a lot have done so as well and all the emails are a draft with only the recipients name changed.
Craig

[SamDavis]

As Craig says, many have forwarded copies of their response to me (thanks to those who have done so). All are essentially the same and all contain two paragraphs that are factually incorrect in terms of either misquoting or entirely neglecting Section 96(b) of the Domestic Animals Act 1994.

For reference, here is a direct quote of Section 96 of the Domestic Animals Act 1994.

Offence to sell certain animals outside certain places
A person must not sell any animal referred to in the definition of pet shop or prescribed by the regulations for the purposes of that definition—
(a) unless the animal is sold in the course of conducting a domestic animal business in a premises that is registered under Part 4 for that purpose; or
(aa) unless the animal is sold in a place that is a private residence; or
(b) unless the sale is approved under the Wildlife Act 1975.

Please note s96(b) above - "unless the sale is approved under the Wildlife Act 1975" - this clause is either misquoted or neglected entirely in a variety of correspondence in my possession from a number of Government sources including the recent responses from Minister Jaala Pulford.
Two critical points regarding s96:
1. A "domestic animal business in a premises" is a physical place, a "place that is a private residence" is a physical place, and hence a "sale [that] is approved under the Wildlife Act 1975" is also referring to a physical place. It is therefore a legal fact that ALL caged birds can be sold from a sale approved under the Wildlife Act 1975. Notice there is no mention of "specified species" whatsoever.
2. The VAC amnesty provides clear and definitive approval for the specified sales to take place under the Wildlife Act 1975.

The following two quotes are common to all responses from Minister Pulford in my possession:

Under the Domestic Animals Act 1994, caged birds can only be sold from a private residence or a registered pet shop.

Above statement neglects s96(b) entirely.

Section 96 of the Act makes it an offence to sell a caged bird (or any other species listed in the Act or Domestic Animal Regulations 2005) from a place other than a private residence or a pet shop, unless the bird is exempt under the Wildlife Act 1975 amnesty. I am aware that this amnesty for specified species of native Australian birds has been established in conjunction with the Department of Environment, Land, Water and Planning (DELWP). However, exotics have never been included in the amnesty and therefore the sale of exotic species from bird sales has been a long-standing contravention of the Act.

Above statement misquotes s96(b) - in my view, quite deceptively.

I have further evidence to support the above, plus various other facts, however in reality this is all nonsensical when you consider the 30 plus years that bird sales have operated without a single welfare issue.

All the above was largely the subject of the FSA submission. We are still awaiting our response, which the Minister's Secretary has assured me will arrive this week.

Don't give up. These responses from the Minister are just the beginning. It will take time.

Regards,
Sam

[matcho]

Guys,

Just to clear this up. Is this only happening in Victoria or are some of the quotes in various acts Federal or Victorian? If they are Federal then we are all in trouble.

Remember years ago going to Paddys Markets in the Sydney CBD and seeing pigeons, quail, chooks, ducks, pheasants and even chukkars being sold from tiny wire cages. No licenses obviously were required, just pay the council or whoever your fee for the area and it was home free. There was really no monitoring of the sales there and what was being sold. Knockoffs galore, at least the Dept of Fair Trading has upped their game and giving the shysters something to think about. Not so sure of the live animal trade at Paddys, probably has stopped, lets hope so.

Ken

[SamDavis]

Guys,

Just to clear this up. Is this only happening in Victoria or are some of the quotes in various acts Federal or Victorian? If they are Federal then we are all in trouble.

Remember years ago going to Paddys Markets in the Sydney CBD and seeing pigeons, quail, chooks, ducks, pheasants and even chukkars being sold from tiny wire cages. No licenses obviously were required, just pay the council or whoever your fee for the area and it was home free. There was really no monitoring of the sales there and what was being sold. Knockoffs galore, at least the Dept of Fair Trading has upped their game and giving the shysters something to think about. Not so sure of the live animal trade at Paddys, probably has stopped, lets hope so.

Ken

Current issue is Victorian only. The legislation quoted above, namely The Domestic Animals Act 1994 and The Wildlife Act 1975, are both Victorian State Government Acts.