{"id":"animal-welfare-act-1985","name":"Animal Welfare Act 1985","slug":"animal-welfare-act-1985","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31543,"registerId":"sa-animal-welfare-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Animal Welfare Act 1985","content":"South Australia\nAnimal Welfare Act 1985\nAn Act for the promotion of animal welfare; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n5\tAct to bind Crown\nPart 2—The Animal Welfare Advisory Committee\n6\tEstablishment of Animal Welfare Advisory Committee\n7\tTerm of office of members\n8\tAllowances and expenses\n9\tConduct of business\n9A\tConflict of interest under Public Sector (Honesty and Accountability) Act\n10\tSaving provision\n11\tSecretary\n12\tFunctions of the Committee\nPart 3—Animal welfare offences\n13\tIll treatment of animals\n14\tProhibited activities\n14AA\tJumps racing prohibited\n14A\tPossession of certain items prohibited\n15\tElectrical devices not to be used in contravention of regulations\n15A\tDuty of person in charge of vehicle in case of accidents involving animals\nPart 4—Teaching and research involving animals\nDivision 1—Licences for teaching and research involving animals\n16\tProhibition of use of animals for teaching or research unless licensed\n17\tApplication for a licence\n18\tGrant of licences\n19\tConditions of licence\n20\tRenewal of licences\n21\tSurrender of licences\n22\tRevocation of suspension of licences\nDivision 2—Animal Ethics Committees\n23\tEstablishment of animal ethics committees by licensee\n23A\tApproval of animal ethics committee by Minister\n24\tProcedure\n25\tFunctions of animal ethics committees\nDivision 3—Reviews\n26\tReviews of decisions of animal ethics committees\n27\tReviews of decisions of Minister\nPart 5—Enforcement\nDivision 1—Appointment and identification of inspectors\n28\tAppointment of inspectors\n29\tIdentification of inspectors\nDivision 2—Powers of inspectors\n30\tGeneral powers\n31\tRoutine inspections\n31A\tSpecial powers relating to animals\n31B\tAnimal welfare notices\nDivision 3—Miscellaneous\n31C\tDealing with seized animals and objects\n31D\tWarrant procedures\n31E\tOffence to hinder etc inspectors\n32A\tCourt orders on finding of guilt etc\nPart 6—Miscellaneous\n33\tDelegation\n34\tPermit to hold rodeos\n34A\tFalse or misleading statements\n34B\tPower of veterinary surgeons to destroy animals\n35\tPower to provide food to neglected animals\n37\tService of notices\n38\tOffences by bodies corporate\n39\tContinuing offences\n40\tVicarious liability of employers in certain circumstances\n42\tEvidence\n42A\tCodes of practice\n43\tAct does not render unlawful practices that are in accordance with prescribed code of animal husbandry practice\n43A\tReports in respect of alleged contraventions\n43B\tVictimisation\n44\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Animal Welfare Act 1985.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nanimal means a member of any species of the sub-phylum vertebrata except—\n\t(a)\ta human being; or\n\t(b)\ta fish,\nand includes any prescribed animal;\nanimal ethics committee means—\n\t(a)\tan animal ethics committee established under section 23; or\n\t(b)\ta body approved by the Minister as an animal ethics committee under section 23A;\nanimal welfare notice means a notice given by an inspector under section 31B;\nanimal welfare order means an order of a court under section 32A;\nthe Code referred to in Part 4 means the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes (National Health and Medical Research Council, CSIRO, Australian Agricultural Council) 2004, 7th edition, as amended from time to time;\nthe Committee means the Animal Welfare Advisory Committee established under this Act;\nelectrical device means any of the following devices designed for the purpose of confining or controlling an animal:\n\t(a)\tan electrical prod or goad;\n\t(b)\ta collar designed to impart an electric shock;\n\t(c)\tan electroimmobiliser;\n\t(d)\tany other electrical device prescribed by the regulations;\nelectroimmobiliser means an electrical device designed to temporarily immobilise an animal;\nharm means any form of damage, pain, suffering or distress (including unconsciousness), whether arising from injury, disease or any other condition;\ninspector means—\n\t(a)\ta police officer; or\n\t(c)\ta person holding an appointment as an inspector under Part 5;\norganised animal fight means an event in which an animal is encouraged to fight with another animal;\nowner includes—\n\t(a)\tin relation to an animal, a person who has the custody and control of the animal; and\n\t(b)\tin relation to real or personal property—a person entitled to possession of the property;\npremises means any land, building or structure (including a moveable building or structure);\nrodeo means a competition involving cattle or horses (or both) and featuring 1 or more rodeo events, but does not include a competition declared by the regulations not to be a rodeo;\nrodeo event means any of the following events:\n\t(a)\tsaddle bronc riding;\n\t(b)\tbareback bronc riding;\n\t(c)\tbull riding;\n\t(d)\tsteer riding;\n\t(e)\troping or tying;\n\t(f)\tteam roping;\n\t(g)\tsteer wrestling;\n\t(h)\ta prescribed event;\nserious harm means—\n\t(a)\tharm that endangers an animal's life; or\n\t(b)\tharm that results in an animal being so severely injured, so diseased or in such physical condition that it would be cruel not to destroy the animal; or\n\t(c)\tharm that consists of, or results in, serious and protracted impairment of a physical or mental function;\nthe Society means the Royal Society for the Prevention of Cruelty to Animals (South Australia) Incorporated;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013;\nvehicle includes an aircraft, a vessel, a caravan, a trailer and anything attached to a vehicle;\nveterinary surgeon means a person who is registered as a veterinary surgeon under the Veterinary Practice Act 2003.\n5—Act to bind Crown\nThis Act binds the Crown.\nPart 2—The Animal Welfare Advisory Committee\n6—Establishment of Animal Welfare Advisory Committee\n\t(1)\tThe Animal Welfare Advisory Committee is established.\n\t(2)\tThe Committee consists of 8 members appointed by the Minister, of whom—\n\t(a)\t1 is to be nominated by the Minister responsible for the administration of the Livestock Act 1997;\n\t(b)\t2 will be nominated by Primary Producers SA Incorporated;\n\t(c)\t1 will be nominated by the Society;\n\t(d)\t2 will be persons who, in the opinion of the Minister, are suitable to represent the interests of animal welfare organisations;\n\t(e)\t1 will be nominated by the Australian Veterinary Association;\n\t(f)\t1 will be engaged in research activities involving animals nominated by the Minister responsible for the administration of the Health Care Act 2008.\n\t(3)\tWhere the Minister, by notice in writing, requests—\n\t(a)\tPrimary Producers SA Incorporated; or\n\t(b)\tthe Society; or\n\t(c)\tthe Australian Veterinary Association,\nto make a nomination for the purposes of this section, and the body to which the request is addressed fails to make such a nomination within the time allowed in the notice, the Minister may select a person for appointment as a member of the Committee, and a person so selected may then be appointed to the Committee as if nominated by the body to which the request was addressed.\n\t(4)\tThe Minister may appoint a member of the Committee to be the presiding member of the Committee and another member to be the deputy presiding member of the Committee.\n\t(5)\tThe Minister may appoint a suitable person to be the deputy of a member of the Committee (other than the presiding member), and the deputy may, in the absence of that member, act as a member of the Committee.\n7—Term of office of members\n\t(1)\tA member of the Committee will be appointed for such term, not exceeding 3 years, as the Minister determines and specifies in the instrument of appointment, and on the expiration of a term of office, will be eligible for reappointment.\n\t(2)\tThe Minister may remove a member of the Committee from office on the ground of—\n\t(a)\tmental or physical incapacity to carry out satisfactorily the duties of a member; or\n\t(b)\tdishonourable conduct; or\n\t(c)\tneglect of duty.\n\t(3)\tThe office of a member of the Committee becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office; or\n\t(c)\tresigns by notice in writing to the Minister; or\n\t(d)\tis removed from office by the Minister under subsection (2).\n\t(4)\tOn the office of a member of the Committee becoming vacant, a person must be appointed to that office in accordance with this Act.\n8—Allowances and expenses\nA member of the Committee is entitled to receive such allowances and expenses as the Minister may from time to time determine.\n9—Conduct of business\n\t(1)\tThe presiding member or, in his or her absence, the deputy presiding member will preside at a meeting of the Committee or, in the absence of both the presiding member and the deputy presiding member, the members present will decide who is to preside at the meeting.\n\t(3)\tFive members constitute a quorum of the Committee.\n\t(4)\tEach member present at a meeting of the Committee is entitled to 1 vote on a question arising for decision at that meeting.\n\t(5)\tA decision supported by the votes of not less than 5 members of the Committee is a decision of the Committee.\n\t(6)\tSubject to this Act, the Committee may conduct its business as it thinks fit.\n9A—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Committee will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with those engaged in or associated with primary production generally, animal welfare organisations generally, veterinary practice generally or medical or biological research generally, or a substantial section of those engaged in or associated with any of those fields.\n10—Saving provision\nAn act or proceeding of the Committee is not invalid by reason of a vacancy in its membership or a defect in an appointment.\n11—Secretary\n\t(1)\tThere will be a secretary to the Committee.\n\t(2)\tThe secretary will be appointed under the Public Sector Act 2009.\n\t(3)\tThe office of secretary to the Committee may be held in conjunction with any other office in the Public Service of the State.\n12—Functions of the Committee\nThe functions of the Committee are—\n\t(a)\tto advise the Minister on any matter relating to the administration or enforcement of this Act; and\n\t(b)\tto consider, and report to the Minister on, legislative proposals affecting animal welfare; and\n\t(c)\tto examine proposed codes of practice relating to animals and report to the Minister on their likely effect upon animal welfare; and\n\t(ca)\tto develop, or assist in developing, codes of practice for animal welfare and to make recommendations to the Minister as to their adoption under the regulations; and\n\t(d)\tto investigate and report to the Minister on any matters referred by the Minister to the Committee for advice.\nPart 3—Animal welfare offences\n13—Ill treatment of animals\n\t(1)\tIf—\n\t(a)\ta person ill treats an animal; and\n\t(b)\tthe ill treatment causes the death of, or serious harm to, the animal; and\n\t(c)\tthe person intends to cause, or is reckless about causing, the death of, or serious harm to, the animal,\nthe person is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 4 years.\n\t(2)\tA person who ill treats an animal is guilty of an offence.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(3)\tWithout limiting the generality of subsection (1) or (2), a person ill treats an animal if the person—\n\t(a)\tintentionally, unreasonably or recklessly causes the animal unnecessary harm; or\n\t(b)\tbeing the owner of the animal—\n\t(i)\tfails to provide it with appropriate, and adequate, food, water, living conditions (whether temporary or permanent) or exercise; or\n\t(ii)\tfails to take reasonable steps to mitigate harm suffered by the animal; or\n\t(iii)\tabandons the animal; or\n\t(iv)\tneglects the animal so as to cause it harm; or\n\t(c)\thaving caused the animal harm (not being an animal of which that person is the owner), fails to take reasonable steps to mitigate the harm; or\n\t(f)\tcauses the animal to be killed or injured by another animal; or\n\t(g)\tkills the animal in a manner that causes the animal unnecessary pain; or\n\t(h)\tunless the animal is unconscious, kills the animal by a method that does not cause death to occur as rapidly as possible; or\n\t(i)\tcarries out a medical or surgical procedure on the animal in contravention of the regulations; or\n\t(j)\till treats the animal in any other manner prescribed by the regulations for the purposes of this section.\n\t(4)\tA person charged with an offence against subsection (1) (the aggravated offence) may be convicted of an offence against subsection (2) (the lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that the lesser offence has been so established.\n\t(5)\tIt is a defence to a charge of an offence against subsection (2) if the defendant proves that the offence did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(6)\tIn this section—\ncause—a person's act or omission causes the death of, or harm to, an animal if the act or omission substantially contributes to the death or harm.\n14—Prohibited activities\n\t(1)\tA person must not take part in a prohibited activity.\nMaximum penalty: $50 000 or imprisonment for 4 years.\n\t(2)\tA person must not be present in a place at which a prohibited activity is occurring.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(3)\tFor the purposes of subsection (2), if a person is present in a place at which a prohibited activity has occurred within the preceding 2 hours, he or she will, in the absence of proof to the contrary, be taken to have been at the place at the time the prohibited activity occurred.\n\t(4)\tIn proceedings for an offence against subsection (2), it is a defence for the defendant to prove that he or she did not know, and could not reasonably have been expected to have known, that a prohibited activity was occurring in the place.\n\t(5)\tFor the purposes of this section, the following are prohibited activities:\n\t(a)\torganised animal fights;\n\t(b)\tlive baiting;\n\t(c)\treleasing an animal from captivity for the purpose of it then being hunted or killed (whether by a person or otherwise);\n\t(d)\tselling or supplying an animal to a person for the purpose of the animal being used in an activity referred to in a preceding paragraph;\n\t(e)\tkeeping or preparing an animal for the purpose of using the animal in an activity referred to in a preceding paragraph.\n\t(6)\tFor the purposes of this section, a person takes part in a prohibited activity if he or she does 1 or more of the following:\n\t(a)\torganises the prohibited activity;\n\t(b)\tpromotes the prohibited activity;\n\t(c)\tallows the prohibited activity to occur on premises, or in a place, owned or occupied by him or her;\n\t(d)\tknowingly provides an animal or other thing used, or intended for use, in relation to the prohibited activity;\n\t(e)\tundertakes, without lawful excuse, any other activity relating to the prohibited activity.\n\t(7)\tFor the purposes of this section, a reference to a part of an animal does not include a reference to a part of an animal that has been processed such that it no longer resembles a part of the relevant kind.\nNote—\nFor example, the skin of an animal which has been processed into a leather product.\n\t(8)\tIn this section—\nlive baiting means an activity in which—\n\t(a)\ta live animal is introduced into an area for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals; or\n\t(b)\tthe carcass or any part of an animal is introduced into an area or moved around an area (or both) for the purpose of being chased by 1 or more dogs or training a dog to chase real or simulated animals,\nbut does not include an activity declared by the regulations to be excluded from the ambit of this definition.\n14AA—Jumps racing prohibited\n\t(1)\tA person must not organise, promote or participate in, or participate in organising or promoting, jumps racing.\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tHowever, nothing in subsection (1) prevents a person from—\n\t(a)\torganising, promoting or participating in, or participating in organising or promoting, equestrian eventing, show jumping or a cross‑country event; or\n\t(b)\tjumping a horse, or requiring a person to jump a horse, over an obstacle other than in the course of a horse race; or\nExample—\nTraining or preparation of a horse that includes jumping an obstacle.\n\t(c)\tpublishing the field of horses competing in jumps racing held in another State or Territory, or overseas; or\n\t(d)\tadvertising jumps racing held in another State or Territory, or allowing images or audio of such racing to be shown or heard.\n\t(3)\tIn this section—\njumps racing means a steeplechase or hurdle race involving the racing of horses.\n14A—Possession of certain items prohibited\n\t(1)\tA person must not, without the approval of the Minister, have in his or her possession or control—\n\t(a)\ta cock‑fighting spur; or\n\t(b)\tan implement, article or other thing made or adapted for attachment to an animal—\n\t(i)\tfor the purpose of training the animal to fight another animal; or\n\t(ii)\tfor the purpose of inciting or assisting the animal to fight another animal or to inflict injury on another animal during a fight; or\n\t(iii)\tfor the purpose of protecting the animal in a fight with another animal; or\n\t(c)\ta drug (not being a drug supplied on the prescription of, and given to an animal in accordance with the directions of, a veterinary surgeon) to be administered to an animal for the purpose of inciting or assisting the animal to fight another animal, or to inflict injury on another animal during a fight; or\n\t(d)\ta lure or bait (however described) consisting of or including the carcass or any part of an animal and used, or intended to be used, for the purpose of live baiting (within the meaning of section 14).\nMaximum penalty: $20 000 or imprisonment for 2 years.\n\t(2)\tFor the purposes of subsection (1)(d), a reference to a part of an animal does not include a reference to a part of an animal that has been processed such that it no longer resembles a part of the relevant kind.\nNote—\nFor example, the skin of an animal which has been processed into a leather product.\n15—Electrical devices not to be used in contravention of regulations\nA person must not, for the purpose of confining or controlling an animal, use an electrical device in contravention of the regulations.\nMaximum penalty: $10 000 or imprisonment for 1 year.\n15A—Duty of person in charge of vehicle in case of accidents involving animals\nWhere an animal is injured in an accident involving a vehicle, the person in charge of the vehicle must—\n\t(a)\ttake such steps as are reasonably practicable in the circumstances to inform the owner of the animal that the animal was injured; and\n\t(b)\twhere, after taking such steps, that person has been unable to contact the owner—inform an inspector, within 24 hours of the accident occurring, of the circumstances of the accident.\nMaximum penalty: $5 000.\nExpiation fee: $315.\nPart 4—Teaching and research involving animals\nDivision 1—Licences for teaching and research involving animals\n16—Prohibition of use of animals for teaching or research unless licensed\n\t(1)\tSubject to subsection (2), a person must not use an animal for the purposes of—\n\t(a)\tteaching any science; or\n\t(b)\tresearch or experimentation,\nwithout a licence under this Part.\nMaximum penalty: \nIn relation to a body corporate—$50 000.\nIn relation to a natural person—$10 000.\n\t(2)\tA employee is not required to hold a licence under this Part in respect of anything done in the course of employment by a person who holds a licence under this Part.\n17—Application for a licence\n\t(1)\tA person may apply to the Minister for a licence under this Part.\n\t(2)\tAn application for a licence must—\n\t(a)\tbe made in the prescribed manner in a form approved by the Minister; and\n\t(b)\tcontain the prescribed information; and\n\t(c)\tbe accompanied by the prescribed application fee.\n18—Grant of licences\n\t(1)\tWhere application is made under this Part for a licence, the Minister must determine whether a licence should be granted having regard to—\n\t(a)\tthe suitability of the applicant to be granted the licence; and\n\t(b)\tthe adequacy of the applicant's premises and facilities for the care and handling of animals; and\n\t(c)\tthe adequacy of arrangements made by the applicant for the provision of veterinary attention to animals; and\n\t(d)\tsuch other matters as may be prescribed.\n\t(2)\tOn granting a licence, the Minister must forward to the applicant a licence in the form approved by the Minister.\n19—Conditions of licence\n\t(1)\tA licence under this Part is subject to such conditions as the Minister may specify by notice in writing given to the holder of the licence.\n\t(2)\tWithout limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions—\n\t(a)\trequiring the holder of the licence to establish an animal ethics committee in accordance with section 23; and\n\t(b)\trequiring the holder of the licence to consult with an animal ethics committee in relation to specified matters; and\n\t(c)\trequiring the holder of the licence to seek the approval of an animal ethics committee before—\n\t(i)\tacquiring animals for the purposes of teaching, research or experimentation; or\n\t(ii)\tusing animals for the purposes of teaching, research or experimentation; and\n\t(d)\trequiring the holder of the licence to provide an animal ethics committee with such information in relation to teaching, research or experimentation involving animals as the animal ethics committee may request; and\n\t(e)\trequiring the holder of the licence to answer such questions in relation to teaching, research or experimentation involving animals as may be put by an animal ethics committee; and\n\t(f)\trequiring the holder of the licence to comply with such provisions of the Code as may be specified in the conditions.\n\t(3)\tThe Minister may, by notice in writing given to the holder of a licence, vary or revoke a condition of the licence or impose a further condition.\n\t(4)\tA person who contravenes or fails to comply with a condition of a licence is guilty of an offence.\nMaximum penalty: \nIn relation to a body corporate—$50 000.\nIn relation to a natural person—$10 000.\n20—Renewal of licences\n\t(1)\tSubject to this Part, a licence remains in force for a period of 2 years from the day on which it is granted and may be renewed for successive periods of 2 years.\n\t(2)\tAn application for renewal—\n\t(a)\tmust be made in a manner and form determined by the Minister; and\n\t(b)\tmust be delivered to the Minister not less than 1 month before the licence is due to expire; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe Minister has a discretion to determine an application for renewal despite the fact that it is delivered out of time.\n\t(4)\tWhere an application for renewal is made in accordance with this Act, the Minister must renew the licence of the applicant.\n21—Surrender of licences\nThe holder of a licence may at any time surrender the licence to the Minister.\n22—Revocation of suspension of licences\n\t(1)\tWhere the holder of a licence—\n\t(a)\thas been found guilty of an offence against this Act; or\n\t(b)\thas obtained the licence improperly; or\n\t(c)\thas failed to comply with a condition of the licence,\nthe Minister may, by notice in writing addressed to the holder of the licence, revoke the licence, or suspend the licence for a period specified in the notice.\nDivision 2—Animal Ethics Committees\n23—Establishment of animal ethics committees by licensee\n\t(2)\tWhere a licensee is required, as a condition of the licence, to establish an animal ethics committee, the licensee must establish an animal ethics committee in accordance with this section.\n\t(3)\tAn animal ethics committee will consist of at least 5 members appointed by the licensee, of whom—\n\t(a)\tat least 1 will be a veterinary surgeon; and\n\t(b)\tat least 1 will be a person who is engaged in teaching or research activities involving animals; and\n\t(c)\tat least 1 will be a person who is responsible for the daily care of animals kept for use in teaching or research activities; and\n\t(d)\tat least 1 will be a person with an established commitment to the welfare of animals; and\n\t(e)\tat least 1 will be a person who is independent of the licensee and has never been involved in teaching or research activities involving animals.\n\t(4)\tIn selecting persons for appointment to an animal ethics committee the licensee should act with a view to ensuring that the membership of the committee is, as nearly as possible, equally representative of each of the classes of person referred to in subsection (3).\n\t(5)\tThe licensee will appoint a member of an animal ethics committee to be the presiding member of the committee.\n\t(6)\tA member of an animal ethics committee is appointed on such terms and conditions as may be determined by the licensee.\n23A—Approval of animal ethics committee by Minister\n\t(1)\tThe Minister may approve a body as an animal ethics committee for the purposes of this Act.\n\t(2)\tThe Minister may only approve a body under subsection (1) if satisfied that—\n\t(a)\tthe body is constituted in accordance with the membership requirements for an animal ethics committee (within the meaning of the Code) as laid down in the Code; and\n\t(b)\tthe body has appropriate procedures and standards in place to enable the body to comply with the Code in performing functions for the purposes of this Act; and\n\t(c)\tthe body is otherwise suitable to act as an animal ethics committee for the purposes of this Act.\n\t(3)\tAn approval under subsection (1) may be conditional or unconditional.\n\t(4)\tThe Minister may vary or revoke an approval under subsection (1).\n24—Procedure\n\t(1)\tThe quorum of an animal ethics committee established under this Act consists of 5 members of whom—\n\t(a)\t1 must be a member appointed under section 23(3)(a); and\n\t(b)\t1 must be a member appointed under section 23(3)(b); and\n\t(c)\t1 must be a member appointed under section 23(3)(c); and\n\t(d)\t1 must be a member appointed under section 23(3)(d); and\n\t(e)\t1 must be a member appointed under section 23(3)(e).\n\t(1a)\tThe quorum for a body approved as an animal ethics committee under section 23A is to be determined in accordance with the Code unless the Minister specifies otherwise.\n\t(2)\tA decision carried by a majority of the votes cast by the members present at a meeting of an animal ethics committee is a decision of the committee.\n\t(3)\tEach member present at a meeting of an animal ethics committee is entitled to 1 vote on a question arising for decision at that meeting and, in the event of an equality of votes, the person presiding is entitled to a second, or casting, vote.\n\t(4)\tSubject to this Act, the business of an animal ethics committee may be conducted in accordance with the Code but otherwise in such manner as the committee determines.\n25—Functions of animal ethics committees\n\t(1)\tSubject to this section, the functions of an animal ethics committee are—\n\t(a)\tto determine matters required under this Act to be referred to an animal ethics committee by the holder of a licence; and\n\t(b)\tto approve the use of animals for the purposes of teaching, research or experimentation proposed to be undertaken by the holder of a licence; and\n\t(c)\tto approve the acquisition, by the holder of a licence, of animals for the purposes of teaching, research or experimentation; and\n\t(d)\tto ensure that animals involved in teaching, research or experimentation are treated humanely, and that the regulations relating to such activities are complied with; and\n\t(e)\tto furnish annual reports in accordance with the regulations; and\n\t(f)\tsuch other functions as are prescribed by the Code or the regulations.\n\t(1a)\tIn performing its functions, an animal ethics committee must comply with the Code.\n\t(2)\tAn animal ethics committee may, subject to and in accordance with the Code, approve the use of an animal for the purposes of teaching, research or experimentation, or the acquisition of animals for such purposes, unconditionally, or subject to such conditions as the committee thinks fit.\n\t(3)\tAn animal ethics committee may not approve the use of an animal for the purposes of research or experimentation, or the acquisition of an animal for such purposes, unless it is satisfied that—\n\t(a)\tthe use of the animal is essential for the particular purpose; and\n\t(b)\tthe person who proposes to use the animal has appropriate experience and qualifications.\n\t(4)\tA person who contravenes or fails to comply with a condition of an approval under this section is guilty of an offence.\nMaximum penalty: \nIn relation to a body corporate—$50 000.\nIn relation to a natural person—$10 000.\nDivision 3—Reviews\n26—Reviews of decisions of animal ethics committees\n\t(1)\tA right of review lies from a decision of an animal ethics committee under this Part to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tAn application for review may be made to the Tribunal within 1 month after the making of the relevant decision (or such longer period as the Tribunal may allow).\n\t(3)\tBefore the Tribunal makes a decision on the review, the Committee must investigate the decision under review and furnish the Tribunal with a report on its investigations for consideration by the Tribunal.\n27—Reviews of decisions of Minister\n\t(1)\tA right of review lies from a decision of the Minister under this Part to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tSubject to subsection (5), an application for review may be made to the Tribunal within 1 month after the making of the relevant decision (or such longer period as the Tribunal may allow).\n\t(4)\tThe Minister must, if so required by any person affected by a decision, state in writing the reasons for that decision.\n\t(5)\tIf the reasons of the Minister were not given in writing at the time of making a decision or order and the applicant for review then requests the Minister to state the reasons in writing, the time for making the application for review to the Tribunal runs from the time when the applicant receives the written statement of those reasons.\nPart 5—Enforcement\nDivision 1—Appointment and identification of inspectors\n28—Appointment of inspectors\n\t(1)\tThe Minister may, by instrument in writing, appoint a qualified person to be an inspector for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tWithout limiting the conditions that may be imposed under subsection (2), the conditions may include the following:\n\t(a)\ta condition restricting the powers of the inspector;\n\t(b)\ta condition requiring the inspector to undertake suitable training;\n\t(c)\ta condition requiring compliance with prescribed protocols and operational procedures;\n\t(d)\tany other condition that the Minister thinks fit.\n\t(4)\tThe Minister may, at any time, revoke an appointment or vary, revoke or add a condition of an appointment.\n\t(5)\tIn this section—\nqualified person means a person who has successfully completed training as prescribed by the regulations.\n29—Identification of inspectors\n\t(1)\tAn inspector appointed under this Part must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an inspector for the purposes of this Act.\n\t(2)\tIf the powers of an inspector have been limited by conditions, the identity card issued to the inspector must contain a statement of the conditions imposed on the inspector's powers.\n\t(3)\tAn inspector appointed under this Part must, at the request of a person in relation to whom the inspector intends to exercise powers under this or any other Act, produce for the inspection of the person his or her identity card.\n\t(4)\tIf an inspector who is a police officer is not in uniform, the officer must, at the request of a person in relation to whom the officer intends to exercise powers under this Act, produce for the inspection of the person his or her warrant card.\n\t(5)\tIf a person in possession of an identity card issued to the person under this section ceases to be an inspector, the person must immediately return the identity card to the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\nDivision 2—Powers of inspectors\n30—General powers\n\t(1)\tAn inspector may—\n\t(a)\tenter and search and, if necessary, use reasonable force to break into or open—\n\t(i)\tpremises or a vehicle to which this section applies; or\n\t(ii)\tpart of, or anything in or on, premises or a vehicle to which this section applies; and\n\t(b)\tgive directions with respect to the stopping or movement of a vehicle to which this section applies; and\n\t(c)\trequire a person to produce a document, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process; and\n\t(d)\texamine, copy or take extracts from a document or information so produced or require a person to provide a copy of any such document or information; and\n\t(e)\ttake photographs, films or audio, video or other recordings; and\n\t(f)\tseize and retain any animal or other thing that the inspector reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and\n\t(g)\tidentify, by marking, tagging or otherwise, an animal or other property in respect of which powers have been exercised under this Act; and\n\t(h)\trequire a person who the inspector reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(i)\trequire a person who the inspector reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters; and\n\t(j)\trequire a person holding or required to hold a licence, permit or approval under this Act to produce it for inspection; and\n\t(k)\tgive a direction required in connection with the exercise of a power conferred by this Act or otherwise in connection with the administration or enforcement of this Act.\n\t(2)\tAn inspector—\n\t(a)\tmay only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and\n\t(b)\tmay only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by a magistrate or in circumstances in which the inspector reasonably believes that urgent action is required in order to prevent or mitigate serious harm occurring to an animal.\n\t(3)\tAn inspector may be assisted in the exercise of powers under this Act by such persons as the inspector considers necessary in the circumstances.\n\t(4)\tAn inspector may require an occupier of premises or a person apparently in charge of a vehicle, animal or other thing to give to the inspector or a person assisting the inspector such assistance as is reasonably required by the inspector for the effective exercise of powers under this Act.\n\t(5)\tThis section applies to the following premises and vehicles:\n\t(a)\tpremises or a vehicle in or on which an inspector reasonably suspects that an offence against this Act has been, is being or is about to be, committed;\n\t(b)\tpremises or a vehicle in or on which an inspector reasonably suspects there is an animal that is being, or has been, harmed unnecessarily or that will, if urgent action is not taken, be harmed unnecessarily;\n\t(c)\tpremises or a vehicle subject to, or being used for the purposes of an activity that is the subject of, a licence, permit or approval under this Act;\n\t(d)\tpremises or a vehicle in or on which an inspector reasonably suspects there is an animal in respect of which an animal welfare notice or animal welfare order is in force;\n\t(e)\tpremises or a vehicle that an inspector reasonably suspects is being used for or in connection with a business, or organised event or activity, involving animals;\n\t(f)\tpremises or a vehicle in which an inspector reasonably suspects there may be records relating to a business or organised event or activity involving animals or an animal or other thing that has been used in, or may constitute evidence of, a contravention of this Act.\n31—Routine inspections\n\t(1)\tSubject to this section, if, for the purposes of administering this Act, an inspector proposes to exercise powers under this Act to conduct a routine inspection of premises or a vehicle in circumstances where there is no suspicion of an offence, the inspector must—\n\t(a)\tgive the occupier of the premises or the owner of the vehicle reasonable notice of the proposed inspection; and\n\t(b)\tgive the following persons (as required) a reasonable opportunity to accompany the inspector throughout the inspection:\n\t(i)\tthe occupier of the premises or the owner of the vehicle;\n\t(ii)\ta nominee of the occupier of the premises or the owner of the vehicle;\n\t(iii)\tthe occupier of the premises or the owner of the vehicle and a nominee of the occupier or owner; and\n\t(c)\ttake such steps as are necessary in the circumstances to minimise any adverse effect of the inspection on the business or activities of the occupier of the premises or the owner of the vehicle.\n\t(2)\tNo notice is required to be given of a routine inspection of premises or a vehicle in or on which an inspector reasonably suspects there is an animal in respect of which an animal welfare notice or animal welfare order is in force.\n\t(3)\tNon‑compliance with this section does not affect the validity of the exercise of powers by the inspector under this Act.\n31A—Special powers relating to animals\n\t(1)\tAn inspector may examine an animal and its living conditions and, if the inspector suspects on reasonable grounds that the animal is suffering or may if urgent action is not taken suffer unnecessary harm, do 1 or more of the following:\n\t(a)\tprovide treatment and care for the animal;\n\t(b)\tcause the living conditions of the animal to be modified;\n\t(c)\tseize and retain the animal for treatment and care.\n\t(2)\tFor the purposes of subsection (1), an inspector has all of the powers conferred on an inspector by section 30.\n\t(3)\tThe costs and expenses reasonably incurred by a person or the Crown in seizing, treating or caring for an animal, or in causing the living conditions of an animal to be modified, under this section may be recovered as a debt from the owner of the animal.\n\t(4)\tSubject to this section, an inspector may destroy an animal if of the opinion that the condition of the animal is such that the animal is so weak or disabled (whether physically or mentally), or in such pain, that it should be destroyed.\n\t(5)\tAn inspector must not exercise a power under subsection (4) unless—\n\t(a)\tthe owner of the animal consents; or\n\t(b)\tthe owner of the animal has refused or failed to give consent and a magistrate has, on application by an inspector, issued a warrant authorising the destruction of the animal; or\n\t(c)\tthe inspector has been unable to determine who owns the animal, or has been unable to contact the owner, after taking reasonable steps to do so; or\n\t(d)\tthe inspector is satisfied that the animal is wild.\n\t(6)\tAn inspector who destroys an animal under this section does not incur any civil liability for the destruction.\n31B—Animal welfare notices\n\t(1)\tIf an inspector believes on reasonable grounds that the exercise of powers under this section is warranted because the welfare of an animal is being adversely affected, the inspector may, by written notice (an animal welfare notice) given to the owner of the animal—\n\t(a)\tdirect the owner to provide the animal with such food, water, shelter, rest or treatment as the inspector thinks necessary;\n\t(b)\trequire the owner to ensure the animal is not worked or used for any purpose specified in the notice for such period as is specified in the notice;\n\t(c)\trequire the owner to ensure the animal is exercised in accordance with the stipulations of the notice;\n\t(d)\tdirect or require the owner to take any other action specified in the notice, within the time specified in the notice, that the inspector considers necessary for the improvement of the animal's welfare.\n\t(2)\tA person to whom an animal welfare notice has been given must not refuse or fail to comply with the direction or requirement set out in the notice.\nMaximum penalty: $2 500.\nExpiation fee: $210.\nDivision 3—Miscellaneous\n31C—Dealing with seized animals and objects\n\t(1)\tThe Minister may sell, destroy or otherwise dispose of an animal or object that has been seized under this Act but is no longer required to be retained if—\n\t(a)\tthe whereabouts of the owner of the animal or object cannot, after reasonable inquiries, be ascertained; or\n\t(b)\tthe whereabouts of the owner are known but the owner has failed, within 3 clear working days of being given written notice that the animal or object may be collected from a specified place, to collect the animal or object.\n\t(2)\tIf, on application by an inspector, a magistrate is satisfied that—\n\t(a)\tan animal has been seized and retained under this Act; and\n\t(b)\tlegal proceedings under this Act relating to the animal are pending; and\n\t(c)\tin the circumstances, it is impractical or unreasonable for the animal to continue to be retained until the proceedings have been concluded or otherwise terminated,\nthe magistrate may make an order authorising that the animal be sold, destroyed or otherwise disposed of as the Minister thinks fit.\n\t(3)\tIf an animal is disposed of by sale under subsection (2), the proceeds of the sale are to be held by the Minister until the conclusion or termination of the proceedings when they are to be disbursed in accordance with a further order of the court.\n\t(4)\tIn this section—\nworking day means any day except a Saturday, Sunday or public holiday.\n31D—Warrant procedures\n\t(1)\tA magistrate must not issue a warrant for the purposes of this Part unless satisfied that the warrant is reasonably required in the circumstances.\n\t(2)\tAn application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before a magistrate, by fax or telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tIf an application for the issue of a warrant is made by fax transmission, the following provisions apply:\n\t(a)\tthe application must be in a form approved by the Chief Magistrate;\n\t(b)\tthe application must be accompanied (through fax transmission) by an affidavit made by the applicant verifying the facts referred to in the application;\n\t(c)\tthe applicant must be available to speak to the magistrate by telephone;\n\t(d)\tthe magistrate is entitled to assume, without further inquiry, that a person who identifies himself or herself as the applicant acting in the capacity of an inspector during a telephone conversation with the magistrate is indeed the applicant acting in that capacity;\n\t(e)\tthe magistrate may, on being satisfied as to the circumstances of urgency and the grounds for the issue of a warrant, make out and sign a warrant;\n\t(f)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the magistrate;\n\t(g)\tthe magistrate must forward the warrant to the applicant by fax transmission.\n\t(5)\tIf an application for a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the magistrate of the applicant's name and identify himself or herself as an inspector and the magistrate, on receiving that information, is entitled to assume its accuracy without further inquiry;\n\t(b)\tthe applicant must inform the magistrate of the purpose for which the warrant is required, the grounds on which it is sought and the circumstances giving rise to the urgency of the application;\n\t(c)\tthe magistrate may, on being satisfied as to the circumstances of urgency and the grounds for the issue of the warrant, inform the applicant of the facts on which the magistrate relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may then make out and sign a warrant;\n\t(e)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the magistrate;\n\t(f)\tthe magistrate must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must fill out and sign a warrant form (the duplicate warrant) that—\n\t(i)\tsets out the name of the magistrate who issued the original and the terms of the warrant; and\n\t(ii)\tcomplies with any other prescribed requirements;\n\t(h)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.\n\t(6)\tA warrant, if not executed at the expiration of 1 month from the date of its issue, then expires.\n31E—Offence to hinder etc inspectors\nA person who—\n\t(a)\thinders or obstructs an inspector, or a person assisting an inspector, in the exercise of powers under this Act; or\n\t(b)\trefuses or fails to comply with a requirement or direction of an inspector under this Act; or\n\t(c)\twhen required by an inspector under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(d)\tfalsely represents, by words or conduct, that he or she is an inspector,\nis guilty of an offence.\nMaximum penalty: $5 000.\n32A—Court orders on finding of guilt etc\n\t(1)\tA court may, on finding a person guilty of an offence against this Act or on declaring a person charged with an offence against this Act liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935, make 1 or more of the following orders:\n\t(aa)\tan order requiring the person to care for any animal owned by the person (whether or not the subject of the offence) in accordance with the conditions of the order (which may include a condition that the care of any such animal be supervised or monitored by an inspector), either until further order, or for the period specified in the order;\n\t(a)\tan order directing the person to surrender an animal that is owned by the person and is the subject of the offence to an inspector;\n\t(b)\tan order directing the person to surrender any other specified animal owned by the person to an inspector;\n\t(c)\tan order directing that any animal owned by the person that has been surrendered or seized under this Act be forfeited to the Crown;\n\t(d)\tan order forbidding the person to acquire, or have custody of, any other animal or any other animal of a specified class, either until further order, or for the period specified in the order;\n\t(e)\tan order forfeiting to the Crown an object that is the property of the person and is the subject of the offence or used by the person in the commission of the offence.\n\t(2)\tA person in relation to whom an order under subsection (1) is in force must comply with the order.\nMaximum penalty: $5 000.\n\t(3)\tThe Minister may sell, destroy or otherwise dispose of an animal or object that has been forfeited to the Crown.\nPart 6—Miscellaneous\n33—Delegation\n\t(1)\tThe Minister may delegate to a body or person (including a person for the time being holding or acting in a specified office or position) a function or power of the Minister under this Act (except a prescribed function or power).\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will.\n34—Permit to hold rodeos\n\t(1)\tA person must not conduct a rodeo without a permit under this section.\nMaximum penalty: $5 000.\n\t(2)\tAn application for a permit—\n\t(a)\tmust be made to the Minister; and\n\t(b)\tmust be made in the prescribed manner and in a form approved by the Minister; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(3)\tThe term for which a permit is issued under this section and the conditions (if any) on which the permit is granted must be specified in the permit.\n\t(4)\tA person who contravenes or fails to comply with a condition of a permit under this section is guilty of an offence.\nMaximum penalty: $5 000.\n34A—False or misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of a particular) in an application made, or information provided, under this Act.\nMaximum penalty: \n\t(a)\tif the person made the statement knowing that it was false or misleading—$10 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$5 000.\n34B—Power of veterinary surgeons to destroy animals\nA veterinary surgeon may destroy an animal if of the opinion that the condition of the animal is such that the animal is so weak or disabled (whether physically or mentally), or in such pain or distress, that it should be destroyed.\n35—Power to provide food to neglected animals\nWhere a person believes on reasonable grounds that over a period of 24 hours or more an animal has not been provided with adequate food or water, the person may, with the authority of an inspector, enter the premises for the purpose of providing the animal with food and water.\n37—Service of notices\nA notice or document required or authorised to be given or served under this Act may be given or served personally or by post.\n38—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the member proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe member failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is—\n\t(a)\tan offence against section 15A, 31B or 31E; or\n\t(b)\tan offence against section 40 that relates to such an offence.\n\t(3a)\tThe regulations may make provision in relation to the criminal liability of members of the governing body of a body corporate that is guilty of an offence against the regulations.\n\t(4)\tIn this section—\nprescribed offence means—\n\t(a)\tan offence against section 13(1) or (2) or section 14(1), (2) or (4); or\n\t(b)\tan offence against section 40 that relates to such an offence.\n39—Continuing offences\n\t(1)\tA person convicted of an offence against any provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to that offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after conviction, guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to that further offence, to a penalty for each day during which the act or omission continued after that conviction of not more than the amount equal to one-tenth of the maximum penalty prescribed for that offence.\n\t(2)\tWhere an offence against a provision of this Act consists of an omission to do something that is required to be done, the omission will, for the purposes of subsection (1), be taken to continue for so long as the thing required or directed to be done remains undone after the expiration of the period for compliance with the requirement.\n40—Vicarious liability of employers in certain circumstances\nIf a person commits an offence against this Act in the course of employment by another, the employer is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless it is proved that the employer could not by the exercise of reasonable diligence have prevented the commission of that offence.\n42—Evidence\n\t(1)\tIn proceedings, a certificate apparently executed by the Minister certifying as to a matter relating to—\n\t(a)\ta licence, permit, approval, certificate or other authorisation under this Act; or\n\t(b)\tthe appointment of an inspector; or\n\t(c)\ta delegation; or\n\t(d)\tan application; or\n\t(e)\tthe receipt or non‑receipt of information,\nunder this Act constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(2)\tAn allegation in a complaint or an information that—\n\t(a)\tan animal was an animal of a specified species; or\n\t(b)\ta person was the owner of a specified animal,\nwill be accepted as proved in the absence of proof to the contrary.\n42A—Codes of practice\nWhere a code is incorporated into or referred to in this Act or the regulations—\n\t(a)\ta copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister; and\n\t(b)\tevidence of the contents of the code may be given in any legal proceedings by production of a copy of a document apparently certified by or on behalf of the Minister to be a true copy of the code.\n43—Act does not render unlawful practices that are in accordance with prescribed code of animal husbandry practice\nNothing in this Act renders unlawful anything done in accordance with a prescribed code of practice relating to animals.\n43A—Reports in respect of alleged contraventions\nIf a person reports to an inspector an alleged contravention of this Act, the inspector must, at the request of the person, inform the person if practicable of any action proposed to be taken under the Act in respect of the allegation.\n43B—Victimisation\n\t(1)\tA person commits an act of victimisation against another person (the victim) if he or she causes detriment to the victim on the ground, or substantially on the ground, that the victim—\n\t(a)\thas disclosed or intends to disclose information; or\n\t(b)\thas made or intends to make an allegation,\nthat has given rise, or could give rise, to proceedings against the person under this Act.\n\t(2)\tAn act of victimisation under this Act may be dealt with—\n\t(a)\tas a tort; or\n\t(b)\tas if it were an act of victimisation under the Equal Opportunity Act 1984,\nbut, if the victim commences proceedings in a court seeking a remedy in tort, he or she cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, he or she cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(3)\tWhere a complaint alleging an act of victimisation under this Act has been lodged with the Commissioner for Equal Opportunity and the Commissioner is of the opinion that the subject matter of the complaint has already been adequately dealt with by a competent authority, the Commissioner may decline to act on the complaint or to proceed further with action on the complaint.\n\t(4)\tIn this section—\ndetriment includes—\n\t(a)\tinjury, damage or loss; or\n\t(b)\tintimidation or harassment; or\n\t(c)\tdiscrimination, disadvantage or adverse treatment in relation to the victim's employment or business; or\n\t(d)\tthreats of reprisal.\n44—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tregulate the slaughtering, trapping, snaring, catching, poisoning, caging or confining of animals;\n\t(b)\tregulate medical or surgical procedures in relation to animals;\n\t(c)\trequire a person to hold a certificate or other authorisation for specified purposes and provide for the issuing and cancellation of certificates and authorisations by the Minister, a specified body or a person or body approved by the Minister;\n\t(d)\tregulate—\n\t(i)\tthe hiring out of animals; or\n\t(ii)\tthe boarding of animals; or\n\t(iii)\tthe sale of animals; or\n\t(iv)\tthe transport of animals; or\n\t(v)\tthe husbandry of animals; or\n\t(vi)\tthe use of animals for entertainment;\n\t(e)\tprescribe the form of any notice, application, permit, licence or other document given, made or granted under this Act;\n\t(f)\tprescribe fees in respect of anything to be done under this Act;\n\t(g)\texempt, conditionally or unconditionally, any person or class of persons or any animal or class of animals from any provision of this Act;\n\t(h)\timpose fines, not exceeding $5 000, for offences against the regulations;\n\t(i)\tfix expiation fees, not exceeding $315, for alleged offences against the regulations.\n\t(3)\tThe regulations may incorporate (with or without modification) or operate by reference to any code of practice relating to animals as in force at a particular time or as amended from time to time by the authority responsible for its publication.\n\t(4)\tA regulation under this Act may be of general or limited application according to—\n\t(a)\tthe classes of persons or animals; or\n\t(b)\tthe circumstances; or\n\t(c)\tany other specified factor,\nto which the regulation is expressed to apply.\n\t(5)\tThe regulations may leave a matter or thing to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, either generally or in a particular case or class of cases.\n\t(6)\tThe Governor may, by regulation, make additional provisions of a saving or transitional nature consequent on the enactment of the Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015.\n\t(7)\tA provision of a regulation made under subsection (6) may, if the regulation so provides, take effect from the commencement of this subsection or from a later day.\n\t(8)\tTo the extent to which a provision takes effect under subsection (7) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nLegislative history\nNotes\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nPrevention of Cruelty to Animals Act 1985\nRepeal of Act\nThe Animal Welfare Act 1985 will be repealed by Sch 1 cl 10 of the Animal Welfare Act 2025.\nLegislation repealed by principal Act\nThe Animal Welfare Act 1985 repealed the following:\nPrevention of Cruelty to Animals Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1985\n106\n Prevention of Cruelty to Animals Act 1985\n7.11.1985\n1.8.1986 (Gazette 24.7.1986 p322)\n1994\n48\n Meat Hygiene Act 1994\n9.6.1994\n1.12.1994 (Gazette 1.12.1994 p1868)\n1999\n85\n Prevention of Cruelty to Animals (Miscellaneous) Amendment Act 1999\n2.12.1999\n1.2.2000 (Gazette 27.1.2000 p502)\n2004\n20\n Primary Produce (Food Safety Schemes) Act 2004\n1.7.2004\nSch 1 (cl 2)—1.7.2006 (Gazette 8.6.2006 p1600) \n2008\n21\n Prevention of Cruelty to Animals (Animal Welfare) Amendment Act 2008\n26.6.2008\n4.10.2008 (Gazette 18.9.2008 p4503)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 15 (ss 29 & 30)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n36\n Statutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 4 (s 6)—1.1.2012 (Gazette 15.12.2011 p4988)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 4 (s 7)—17.6.2013 (Gazette 6.6.2013 p2498)\n2015\n8\n Statutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n18.6.2015\nPt 3 (ss 14—24)—1.7.2015 (Gazette 25.6.2015 p3076)\n2015\n21\n Animal Welfare (Live Baiting) Amendment Act 2015\n17.9.2015\n15.10.2015 (Gazette 15.10.2015 p4609)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 5 (ss 15 to 19)—14.12.2017 (Gazette 12.12.2017 p4960)\n2022\n7\nAnimal Welfare (Jumps Racing) Amendment Act 2022\n14.7.2022\n14.7.2023: s 2\n2023\n44\nVeterinary Services Act 2023\n7.12.2023\nSch 1 (cll 5 to 8)—1.7.2026 (Gazette 20.11.2025 p4496)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 21/2008 s 4\n4.10.2008\nPt 1\n\n\ns 1\namended by 21/2008 s 5\n4.10.2008\ns 2\ndeleted by 85/1999 s 18 (Sch)\n1.2.2000\ns 3\n\n\nanimal ethics committee\ninserted by 8/2015 s 14\n1.7.2015\nanimal welfare notice\ninserted by 21/2008 s 6(1)\n4.10.2008\nanimal welfare order\ninserted by 21/2008 s 6(1)\n4.10.2008\nthe Chief Inspector\ndeleted by 85/1999 s 3(a)\n1.2.2000\nthe Code\ninserted by 85/1999 s 3(a)\n1.2.2000\n\namended by 21/2008 s 6(2)\n4.10.2008\nelectrical device\ninserted by 21/2008 s 6(3)\n4.10.2008\nelectroimmobiliser\ninserted by 21/2008 s 6(3)\n4.10.2008\nharm\ninserted by 21/2008 s 6(3)\n4.10.2008\ninspector\n(b) deleted by 85/1999 s 3(b)\n1.2.2000\n\namended by 21/2008 s 6(4)\n4.10.2008\norganised animal fight\ninserted by 21/2008 s 6(5)\n4.10.2008\npain\ndeleted by 21/2008 s 6(6)\n4.10.2008\nrodeo\ninserted by 21/2008 s 6(7)\n4.10.2008\nrodeo event\ninserted by 21/2008 s 6(7)\n4.10.2008\nserious harm\ninserted by 21/2008 s 6(7)\n4.10.2008\nthe Society\namended by 21/2008 s 6(8)\n4.10.2008\nTribunal\ninserted by 51/2017 s 15\n14.12.2017\nvehicle\nsubstituted by 21/2008 s 6(9)\n4.10.2008\nveterinary surgeon\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 21/2008 s 6(10)\n4.10.2008\ns 4\ndeleted by 85/1999 s 18 (Sch)\n1.2.2000\nPt 2\n\n\ns 6\n\n\ns 6(1)\nsubstituted by 85/1999 s 18 (Sch)\n1.2.2000\ns 6(2)\nsubstituted by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 21/2008 s 7(1), (2)\n4.10.2008\n\namended by 8/2015 s 15(1)—(3)\n1.7.2015\ns 6(3)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 8/2015 s 15(4)\n1.7.2015\ns 6(4)\nsubstituted by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 8/2015 s 15(5)\n1.7.2015\ns 6(5)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 8/2015 s 15(6)\n1.7.2015\ns 7\n\n\ns 7(1)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 8/2015 s 16\n1.7.2015\ns 7(2) and (3)\namended by 8/2015 s 16\n1.7.2015\ns 7(4)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 8\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 8/2015 s 17\n1.7.2015\ns 9\n\n\ns 9(1)\nsubstituted by 85/1999 s 18 (Sch)\n1.2.2000\ns 9(2)\ndeleted by 85/1999 s 18 (Sch)\n1.2.2000\ns 9(5)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 9(6)\nsubstituted by 85/1999 s 18 (Sch)\n1.2.2000\ns 9A\ninserted by 84/2009 s 29\n1.2.2010\ns 11\n\n\ns 11(1)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 11(2)\nsubstituted by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 8/2015 s 18\n1.7.2015\ns 12\namended by 85/1999 s 4\n1.2.2000\nPt 3 before substitution by 21/2008\n\n\ns 13\n\n\ns 13(1)\nsubstituted by 85/1999 s 18 (Sch)\n1.2.2000\ns 13(2)\namended by 85/1999 s 5\n1.2.2000\ns 13(2)\n(j)—(l) deleted by 85/1999 s 5\n1.2.2000\nss 14 and 15\namended by 85/1999 s 18 (Sch)\n1.2.2000\nPt 3\nsubstituted by 21/2008 s 8\n4.10.2008\ns 13\n\n\ns 13(3)\n(d), (e) deleted by 21/2015 s 4\n15.10.2015\ns 14\nsubstituted by 21/2015 s 5\n15.10.2015\ns 14AA\ninserted by 7/2022 s 3\n14.7.2023\ns 14A\ninserted by 21/2015 s 5\n15.10.2015\ns 15A\ns 33 amended by 85/1999 s 18 (Sch)\n1.2.2000\n\ns 33 amended and redesignated as s 15A by 21/2008 s 13(1), (2)\n4.10.2008\nPt 4\n\n\ns 16\n\n\ns 16(1)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 17\n\n\ns 17(2)\namended by 85/1999 s 6\n1.2.2000\ns 18\n\n\ns 18(1)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 18(2)\namended by 85/1999 ss 7, 18 (Sch)\n1.2.2000\ns 19\n\n\ns 19(1)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 19(2)\namended by 21/2008 s 9\n4.10.2008\ns 19(4)\ninserted by 85/1999 s 8\n1.2.2000\ns 20\n\n\ns 20(1), (3) and (4)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 23\n\n\ns 23(1)\ndeleted by 8/2015 s 19(1)\n1.7.2015\ns 23(2)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 23(3)\namended by 85/1999 ss 9, 18 (Sch)\n1.2.2000\n\namended by 21/2008 s 10\n4.10.2008\n\namended by 8/2015 s 19(2)\n1.7.2015\ns 23(4)\namended by 8/2015 s 19(2)\n1.7.2015\ns 23(5)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 8/2015 s 19(2)\n1.7.2015\ns 23(6)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\nsubstituted by 8/2015 s 19(3)\n1.7.2015\ns 23(7)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\ndeleted by 8/2015 s 19(3)\n1.7.2015\ns 23A\ninserted by 8/2015 s 20\n1.7.2015\ns 24\n\n\ns 24(1)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\nsubstituted by 8/2015 s 21\n1.7.2015\ns 24(1a)\ninserted by 8/2015 s 21\n1.7.2015\ns 24(4)\namended by 85/1999 ss 10, 18 (Sch)\n1.2.2000\ns 25\n\n\ns 25(1)\namended by 85/1999 s 11(a), (b)\n1.2.2000\n\namended by 8/2015 s 22\n1.7.2015\ns 25(1a)\ninserted by 85/1999 s 11(c)\n1.2.2000\ns 25(2)\namended by 85/1999 s 11(d)\n1.2.2000\ns 25(3)\namended by 85/1999 ss 11(e), 18 (Sch)\n1.2.2000\ns 25(4)\ninserted by 85/1999 s 11(f)\n1.2.2000\nPart 4 Div 3\n\n\nheading\nsubstituted by 51/2017 s 16\n14.12.2017\ns 26 before substitution by 51/2017\n\n\ns 26(1) and (3)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 26\nsubstituted by 51/2017 s 17\n14.12.2017\ns 27\n\n\ns 27(1), (4) and (5)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 27(1) and (2)\nsubstituted by 51/2017 s 18(1)\n14.12.2017\ns 27(3)\ndeleted by 51/2017 s 18(1)\n14.12.2017\ns 27(5)\nsubstituted by 51/2017 s 18(2)\n14.12.2017\nPt 5\n\n\nheading\nsubstituted by 21/2008 s 11\n4.10.2008\nPt 5 Div 1\n\n\nheading\ninserted by 21/2008 s 11\n4.10.2008\ns 28 before substitution by 21/2008\n\n\ns 28(1)\nsubstituted by 85/1999 s 12(a)\n1.2.2000\ns 28(2)\namended by 85/1999 ss 12(b), (c), 18 (Sch)\n1.2.2000\ns 28(2a)\ninserted by 85/1999 s 12(d)\n1.2.2000\ns 28(3)\namended by 85/1999 ss 12(e), 18 (Sch)\n1.2.2000\ns 29 before substitution by 21/2008\n\n\ns 29(1)\namended by 48/1994 Sch 2 cl 2\n1.12.1994\n\namended by 20/2004 Sch 1 cl 2\n1.7.2006\ns 29(2)\namended by 85/1999 ss 13(a), (b), 18 (Sch)\n1.2.2000\ns 29(3) and (4)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 29(4a)\ninserted by 85/1999 s 13(c)\n1.2.2000\ns 29(5)\namended by 85/1999 s 13(d)—(h)\n1.2.2000\ns 29(7), (8) and (10)\namended by 85/1999 s 18 (Sch)\n1.2.2000\nss 28 and 29\nsubstituted by 21/2008 s 12\n4.10.2008\ns 30 before substitution by 21/2008\n\n\ns 30(2) and (3)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 30A before deletion by 21/2008\ninserted by 85/1999 s 14\n1.2.2000\ns 31 before substitution by 21/2008\namended by 85/1999 s 18 (Sch)\n1.2.2000\nPt 5 Div 2\ninserted by 21/2008 s 12\n4.10.2008\nPt 5 Div 3\ninserted by 21/2008 s 12\n4.10.2008\ns 32 before deletion by 84/2009\n\n\ns 32(1) and (2)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 32\ndeleted by 84/2009 s 30\n1.2.2010\ns 32A\n\n\ns 32A(1)\ns 36(1) substituted by 85/1999 s 16\n1.2.2000\n\ns 36(1) amended and redesignated as s 32A(1) by 21/2008 s 17(1)—(5), (8)\n4.10.2008\ns 32A(2)\ns 36(2) amended by 85/1999 s 18 (Sch)\n1.2.2000\n\ns 36(2) amended and redesignated as s 32A(2) by 21/2008 s 17(6), (8)\n4.10.2008\ns 32A(3)\ninserted by 21/2008 s 17(7)\n4.10.2008\nPt 6\n\n\ns 33—see s 15A\n\n\ns 33\ninserted by 21/2008 s 14\n4.10.2008\ns 34\n\n\ns 34(1)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 21/2008 s 15(1)\n4.10.2008\ns 34(2)\namended by 85/1999 s 15(a)\n1.2.2000\ns 34(3)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 34(4)\ninserted by 85/1999 s 15(b)\n1.2.2000\n\namended by 21/2008 s 15(2)\n4.10.2008\nss 34A and 34B\ninserted by 21/2008 s 16\n4.10.2008\ns 36—see s 32A\n\n\ns 38\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\nsubstituted by 36/2011 s 6\n1.1.2012\ns 38(2)\namended by 16/2013 s 7(1)\n17.6.2013\ns 38(3)\n(c) deleted by 16/2013 s 7(2)\n17.6.2013\ns 38(3a)\ninserted by 16/2013 s 7(3)\n17.6.2013\ns 39\n\n\ns 39(1) and (2)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 40 before substitution by 21/2008\n\n\ns 40(1) and (2)\namended by 85/1999 s 18 (Sch)\n1.2.2000\ns 40\nsubstituted by 21/2008 s 18\n4.10.2008\ns 41\ndeleted by 85/1999 s 18 (Sch)\n1.2.2000\ns 42\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\nsubstituted by 21/2008 s 19\n4.10.2008\ns 42A\ninserted by 85/1999 s 17\n1.2.2000\nss 43A and 43B\ninserted by 21/2008 s 20\n4.10.2008\ns 44\n\n\ns 44(2)\namended by 85/1999 s 18 (Sch)\n1.2.2000\n\namended by 21/2008 s 21(1), (2)\n4.10.2008\ns 44(5)\ninserted by 21/2008 s 21(3)\n4.10.2008\ns 44(6)—(8)\ninserted by 8/2015 s 23\n1.7.2015\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Boards and Committees—Abolition and Reform) Act 2015\n24—Transitional provisions\n\t(1)\tIn this section—\nprincipal Act means the Animal Welfare Act 1985;\nrelevant date means the day on which section 19(1) of this Act comes into operation.\n\t(2)\tDespite section 19(1) of this Act, an animal ethics committee established by the Minister under section 23 of the principal Act and in existence immediately before the relevant date continues as an animal ethics committee for the purposes of the principal Act until a date determined by the Minister (and the provisions of Part 4 Division 2 of the principal Act as in force immediately before the relevant date will continue to apply in relation to the committee).\nStatutes Amendment (SACAT No 2) Act 2017\n19—Transitional provisions\n\t(1)\tA right of appeal under section 26 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Minister.\n\t(2)\tNothing in this section affects any proceedings before the Minister commenced under section 26 of the principal Act before the relevant day.\n\t(3)\tA right of appeal under section 27 of the principal Act in existence (but not yet exercised) before the relevant day, will be exercised as if this Part had been in operation before the right arose, so that proceedings may be commenced before the Tribunal rather than the Supreme Court.\n\t(4)\tNothing in this section affects any proceedings before the Supreme Court commenced under section 27 of the principal Act before the relevant day.\n\t(5)\tIn this section—\nprincipal Act means the Animal Welfare Act 1985;\nrelevant day means the day on which this Part comes into operation;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\nHistorical versions\nReprint No 1—1.12.1994\n\nReprint No 2—1.2.2000\n\n1.7.2006\n\n4.10.2008\n\n1.2.2010\n\n1.1.2012\n\n17.6.2013\n\n1.7.2015\n\n15.10.2015\n\n14.12.2017\n\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the legislation content was not retrievable. The submitted text is a '404 Page Not Found' error from the SA legislation website, containing no legislative provisions whatsoever."},"complexity_factors":["No actual legislative text was provided — the source content is a website error page, not legislation","Zero substantive legal provisions, definitions, schedules, or regulatory mechanisms are present to analyse","The only complexity is navigational (a broken URL), not legal"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation text you've provided is **not actually the Animal Welfare Act 1985 (SA)**. Instead, the content is a **'Page Not Found' error message** from the South Australian legislation website (legislation.sa.gov.au), indicating that the link or bookmark used to access the Act was broken — likely due to a website update that occurred around **24 March 2026**.\n\n### What this means for you:\n- The actual text of the **Animal Welfare Act 1985 (SA)** was **not successfully retrieved**.\n- No meaningful legal analysis of the Act's content, protections, or obligations can be made from this material.\n- If you need the Act, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for *'Animal Welfare Act 1985'*.\n\n### What the Animal Welfare Act 1985 (SA) generally does (based on general knowledge):\nIt is South Australia's primary law protecting animals from cruelty and suffering. It sets out **duties of care** for animal owners and custodians, establishes **offences for cruelty**, and gives **inspectors and authorised officers** powers to investigate and enforce the law. It affects anyone who owns, works with, or is responsible for animals in South Australia."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's scope has expanded since the original text: it now contains specific modern offences and prohibitions (for example live baiting and a prohibition on jumps racing at section 14AA), formalised licensing and approval systems for teaching and research involving animals (Part 4, ss16–25), broader inspector powers and procedures including animal welfare notices and urgent‑action authority (Part 5, ss30–31A, 31B), and explicit capacity to incorporate external codes by reference (ss42A, 44). The legislative history included with the text records multiple amendments implementing these changes (see Legislative history entries and the inserted/modified sections such as 14, 14A, 14AA, 23A, 31B, 42A). These additions shift the instrument from a primarily offence‑based cruelty statute to a more regulatory, licence‑driven framework with delegated standard‑setting and administrative enforcement mechanisms (see Parts 3–5 and ss42A, 44)."},"complexity_factors":["Extensive cross-referencing between Parts and external instruments (eg Tribunal, the Code) increases interpretive complexity (see ss26–27, definition of the Code at s3).","Wide ministerial discretion over appointments, licences, approvals, conditions and delegations (see ss6, 18–19, 23A, 33, 44(5)).","Multiple enforcement routes and remedies: criminal penalties, expiation fees, administrative notices (animal welfare notices), seizure, court orders and civil debt recovery (see ss13, 15A, 31B, 30(f), 31A(3), 32A).","Detailed inspector powers with urgent-entry and use-of-force exceptions, balanced by warrant procedures and qualification/ID requirements (see ss30–31, 29, 31D).","Layered compliance duties for licensed research/teaching (application processes, conditions, establishment of animal ethics committees, Code compliance and reporting) (see ss16–25).","Regulations and incorporated codes supply much of the operational detail (eg husbandry, medical procedures), so practical obligations depend on delegated instruments (see ss42A, 44(2)–(4)).","Different penalty regimes and liability rules for natural persons, bodies corporate, governing‑body members and employers add legal complexity (see ss13, 19(4), 38, 40)."],"plain_english_summary":"## What this law does, in plain English\n\nThis Act sets rules about how animals must be treated in South Australia, creates bodies and processes to oversee that treatment, and gives officials powers to enforce the rules.\n\nMechanically, the Act:\n- Defines key terms (what counts as an \"animal\", \"owner\", \"inspector\", etc.) and says it binds the Crown (interpretation and s5). (see sections 3 and 5)\n- Creates an Animal Welfare Advisory Committee with specified membership and functions to advise the Minister on administration, legislation and codes of practice (Part 2, s6, s12). (see sections 6 and 12)\n- Establishes criminal offences and penalties for mistreating animals, participating in banned activities such as organised animal fights and live baiting, possession of fighting implements, restrictions on certain racing (jumps racing), and limits on electrical devices used to control animals (Part 3, ss13–15A, 14, 14A, 14AA, 15). (see sections 13, 14, 14A, 14AA, 15)\n- Requires licences for use of animals in teaching or research, allows the Minister to set licence conditions (including requiring animal ethics committees), and provides review rights to the South Australian Civil and Administrative Tribunal (Part 4, ss16–27). (see sections 16–22, 23–25, 26–27)\n- Gives the Minister power to appoint and issue identity cards to inspectors and sets out broad inspection and evidence‑gathering powers (including entry, seizure, examination and recording); also sets out special powers in urgent animal‑welfare situations (Part 5, ss28–31A). (see sections 28–31A)\n- Allows inspectors to issue animal welfare notices requiring specific remedial actions and imposes penalties for non‑compliance (s31B). (see section 31B)\n- Sets out procedures for seizure, retention, disposal or sale of animals or objects, warrant procedures, and what courts may order after conviction (including forfeiture, surrender or bans on owning animals) (ss31C, 31D, 32A). (see sections 31C, 31D, 32A)\n- Enables the Minister to make regulations, incorporate or refer to codes of practice, delegate functions, and impose permit and fee regimes (s33, s34, s42A, s44). (see sections 33, 34, 42A, 44)\n\nOfficial rationale and how that maps to the mechanics\n- The Act’s long title states the purpose is \"for the promotion of animal welfare\". The statutory mechanics used to pursue that purpose are criminal prohibitions (Part 3), licensing and ethical oversight for research and teaching (Part 4), inspector powers and remedial notices (Part 5), and the ability to make and incorporate codes and regulations that set standards (ss12, 19, 25, 31B, 42A, 44). (see long title, sections 12, 19, 25, 31B, 42A, 44)\n\nWho pays and who decides (practical incentives)\n- Who decides: the Minister has substantial decision-making power — appointing members of the Advisory Committee, granting and setting conditions of licences and permits, approving or revoking animal ethics committees, appointing inspectors and delegating functions (see ss6, 18, 19, 23A, 28, 33). (see sections 6, 18, 19, 23A, 28, 33)\n- Who pays directly: owners are accountable for fines and may be required to pay the costs of seizure, treatment or care of animals taken by inspectors (s31A(3)). Courts can impose penalties, forfeiture, and orders restricting future ownership (s32A). Entities running licensed activities (eg research institutions, boarding or hire businesses if regulated) bear licensing, compliance and reporting costs (ss16–22, 19, 25). (see sections 31A(3), 32A, 16–22, 19, 25)\n\nCompliance burden and behavioural effects\n- Licence and committee requirements impose administrative compliance on bodies that use animals for teaching/research: applications, fees, facility standards, possible requirement to form and consult animal ethics committees, record-keeping and annual reports (ss17–20, 23–25). (see sections 17–20, 23–25)\n- Inspections and routine‑inspection notice rules mean businesses and owners must be prepared to show records and allow inspection; inspectors have the power to seize animals or evidence (ss30–31). (see sections 30–31)\n- Breaches attract monetary penalties, imprisonment in aggravated cases (eg serious ill treatment, s13), and remedial court orders (ss13, 32A). (see sections 13, 32A)\n\nBureaucratic discretion and delegation\n- The Act gives wide regulatory scope and ministerial discretion: the Minister may prescribe conditions, approve or revoke licences/committees, delegate powers, set fees, exempt classes, and incorporate or refer to codes of practice via regulation (ss19, 23A, 33, 44). (see sections 19, 23A, 33, 44)\n- Inspectors exercise significant operational discretion in determining when to use emergency powers (entry, seizure, destruction) but their powers are subject to statutory constraints (reasonable grounds, warrants where force is used except in urgent animal‑welfare situations) and identity/qualification requirements (ss28–31A, 29, 31D). (see sections 28–31A, 29, 31D)\n\nCosts, trade‑offs and opportunity costs to private actors\n- Compliance and administrative costs: licence fees, facility upgrades, establishing and servicing ethics committees, time and record-keeping to satisfy inspections and reviews (ss17–20, 23–25, 31). (see sections 17–20, 23–25, 31)\n- Risk of asset loss: seized animals or objects may be sold or destroyed if owners cannot be located or fail to collect them (s31C). Court orders on conviction can force surrender, forfeiture, or bans on acquisition/possession of animals (s32A). (see sections 31C, 32A)\n- Criminal penalties and exposure for corporate officers: the Act can attach liability to governing‑body members and employers in prescribed circumstances, which creates an incentive for corporate governance and risk management (s38, s40). (see sections 38, 40)\n\nDecision‑making structure and incentive effects\n- The Committee's membership is partly nominative (Primary Producers SA, RSPCA, Australian Veterinary Association) and partly ministerial appointments, concentrating formal seats for those specified groups (s6). Licensing and approvals route practical authority over research and teaching to the Minister and to licensed entities' animal ethics committees (ss6, 19, 23A, 25). (see sections 6, 19, 23A, 25)\n\nImplementation risks and enforcement mechanics\n- Inspectors have broad investigative and emergency powers (entry, seizure, treatment, destruction in limited circumstances) and can recover costs from owners; they must be qualified and carry identity cards; warrant procedures and magistrate oversight exist for forced entries and destruction where owner consent is absent (ss28–31A, 29, 31D). (see sections 28–31A, 29, 31D)\n- The Act relies heavily on regulations and incorporated codes to supply detailed standards (eg slaughter, husbandry, surgical procedures) making much practical detail delegated to regulations and external codes (s44, s42A). (see sections 44, 42A)\n\nWhere benefits and burdens are concentrated or diffuse (mechanism, not judgement)\n- Certain bodies have guaranteed representation on the Advisory Committee (s6), which concentrates formal influence in a small set of organisations. Oversight of licensed research/teaching is channelled through licensees' animal ethics committees plus Ministerial approvals, concentrating gatekeeping authority with license-holders and the Minister (ss6, 19, 23, 23A, 25). (see sections 6, 19, 23, 23A, 25)\n\nHow private enterprise and choice are affected\n- Commercial activities involving animals (boarding, hiring, transport, sale, entertainment, rodeos) are subject to regulation, potential permit requirements and standards that can alter operating costs and market entry (s34, s44). Research and teaching providers face licensing and ethics-committee compliance costs and potential restrictions on methods or species used (ss16–25). (see sections 34, 44, 16–25)\n\nBottom line\n- The Act implements criminal prohibitions, licensing and inspection powers, and code‑based standards to pursue animal welfare objectives. It places administrative and compliance obligations on license-holders and owners, creates inspection and enforcement mechanisms (including potential seizure, costs recovery and court orders), and vests significant discretion in the Minister and appointed inspectors to set and enforce standards (see Parts 2–6). (see Parts 2–6, especially sections 6, 16–20, 28–31A, 31B, 33, 44)\n\n(References in parentheses point to the sections of the Act cited in each point.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted as the Prevention of Cruelty to Animals Act 1985, the legislation has expanded significantly beyond simple cruelty prevention. It now encompasses: (1) a comprehensive regulatory scheme for scientific research and teaching involving animals with licensing and ethics committees; (2) specific prohibitions on jumps racing (added 2022) and live baiting (strengthened 2015); (3) detailed enforcement mechanisms including animal welfare notices and court orders; (4) protections for whistleblowers against victimisation; and (5) complex corporate liability provisions. The 2008 amendments substantially rewrote the enforcement and offences sections, while 2015 amendments restructured the ethics committee framework. The legislation is scheduled for repeal and replacement by the Animal Welfare Act 2025."},"complexity_factors":["Multiple overlapping offence structures with aggravated and lesser offences (e.g., section 13(1) vs 13(2))","Extensive cross-referencing to external codes (Australian Code of Practice for the Care and Use of Animals for Scientific Purposes)","Complex enforcement powers with conditions, warrants, and special procedures (fax/telephone warrants in section 31D)","Detailed membership and quorum requirements for committees (Animal Welfare Advisory Committee and animal ethics committees)","Multiple liability mechanisms: corporate liability with due diligence defences (section 38), vicarious employer liability (section 40), and continuing offences (section 39)","Nested definitions and conditional exemptions (e.g., 'animal' excludes fish and humans but includes prescribed animals; 'live baiting' has specific exclusions)","Review and appeal pathways to SACAT (South Australian Civil and Administrative Tribunal) with specific time limits and procedural requirements","Interaction with other legislation (Public Sector Act, Veterinary Practice Act, Equal Opportunity Act) through incorporation by reference"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law protecting animals from cruelty and neglect. It sets out what people can and cannot do to animals, establishes a committee to advise the government on animal welfare, and creates a licensing system for anyone using animals in scientific research or teaching.\n\n**Who it affects:**\n\n- **Pet owners and farmers** – must provide adequate food, water, shelter and care, and cannot be cruel or neglectful\n- **Researchers and teachers** – must hold a licence and get approval from an animal ethics committee before using animals for experiments or demonstrations\n- **Rodeo organisers** – need a permit to hold rodeos\n- **Veterinarians** – have powers to humanely destroy suffering animals\n- **Inspectors** (including police and specially appointed officers) – have powers to enter properties, seize animals, issue welfare notices, and prosecute offenders\n\n**Key offences include:**\n- **Ill-treatment** causing death or serious harm (up to $50,000 fine or 4 years prison)\n- **Prohibited activities** like organised animal fights, live baiting, and jumps racing\n- **Possessing** cock-fighting spurs or other items used for animal fighting\n- **Using electrical devices** on animals contrary to regulations\n- **Failing to report** if you injure an animal with your vehicle\n\n**The Animal Welfare Advisory Committee** advises the Minister on animal welfare matters and is made up of representatives from farming, veterinary, animal welfare and research sectors.\n\n**Why it matters:**\nThis law establishes the legal framework for preventing animal cruelty in South Australia. It balances animal protection with legitimate uses of animals (like farming and research) by requiring ethical oversight for research and allowing codes of practice for farming. It gives inspectors significant powers to intervene when animals are suffering, including seizing animals and issuing directions for their care."}},"importantCases":[],"_links":{"self":"/api/acts/animal-welfare-act-1985","history":"/api/acts/animal-welfare-act-1985/history","analysis":"/api/acts/animal-welfare-act-1985/analysis","conflicts":"/api/acts/animal-welfare-act-1985/conflicts","importantCases":"/api/acts/animal-welfare-act-1985/important-cases","documents":"/api/acts/animal-welfare-act-1985/documents"}}