Animal

Sharks and fish are now included in SA’s stricter animal cruelty laws, with jail time on cards

The South Australian Government proposes ground-breaking reforms to the Animal Welfare Act. With individual fines catapulting to $250,000 and corporations facing up to $1 million, the state is setting a new standard in animal protection legislation.

Stricter penalties for animal cruelty are on the horizon as the Government looks to amend the Animal Welfare Act. The proposed changes would see individuals facing fines of up to $250,000 or ten years in prison – a substantial increase from the current $50,000 maximum fine or four years’ jail time.

Proposed amendments go even further for corporations, increasing the fine to a potential $1 million if they mistreat animals. This comes as a significant update to the existing Act, its previous amendments dating back to 2008.

The public will be able to engage in community consultation for these proposals from tomorrow. A noteworthy component of these changes is the new ‘duty of care’ requirement. Owners would have to provide their animals with a minimum level of care, including adequate food and water. This would allow authorities to intervene in cases of neglect, potentially preventing harm to an animal.

However, the proposed changes will not alter current practices in recreational and commercial fishing. South Australia’s updated Act will view fish as animals, aligning with most other states. This measure is intended to prevent specific, harmful acts such as the finning of live sharks.

The reforms will also recognise animal cruelty bans from other states, preventing offenders from moving to South Australia to engage in banned activities, such as starting a breeding kennel. The changes follow through on government campaign pledges to adjust the Animal Welfare Act to meet current societal expectations about animal rights.

Community consultation undertaken in 2023 helped shape these proposed reforms, with over 1000 individuals participating. Citizens can give their feedback on the proposed changes by visiting YourSAy. Submissions will close on 19 May 2024, and parliament will consider the final Bill later this year.

Susan Close, Minister for Climate, Environment and Water, said, “Most people show great care towards animals, but those who deliberately mistreat them deserve to face serious consequences. These reforms are part of the Malinauskas Government’s commitment to ensure the laws governing the treatment of animals match community expectations.”

Marcus Gehrig, CEO of RSPCA SA, made similar comments, stating that “We [the RSPCA]” were encouraged by the review and predict that the new Act will bolster the authority of our inspectors. The RSPCA looks forward to seeing many of its recommendations taken on board. We urge all South Australians who share our passion for animal welfare to read the draft and offer their feedback on these critical legal changes.”

People can now have their say on the proposed changes to the Act via YourSAy at: https://yoursay.sa.gov.au/animal-welfare-draft-bill.
 
Submissions close Sunday, 19 May 2024. The final Bill will be tabled in parliament later this year.

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