{"id":"animal-welfare-act-2025","name":"Animal Welfare Act 2025","slug":"animal-welfare-act-2025","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31547,"registerId":"sa-animal-welfare-act-2025-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Animal welfare offences","content":"Part 2—Animal welfare offences\n6—General duty of care\n\t(1)\tThe owner of an animal must provide the animal with appropriate and adequate food, water and living conditions (whether temporary or permanent).\n\t(2)\tThe owner of an animal must take all reasonable and practicable measures to prevent or minimise harm to the animal.\n\t(3)\tThe regulations may prescribe specific care requirements for particular animals, particular classes of animals or animals in particular circumstances and, in such a case, breach of the prescribed care requirements will be taken to constitute an offence against this section of a kind designated by the regulations.\n\t(4)\tIt is a defence to a charge of an offence against this section for the owner to prove that they were acting in accordance with a prescribed code of practice.\n7—Ill treatment of animals etc\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 the death of, or serious harm to, the animal,\nthe person is guilty of an offence.\n\t(2)\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 is reckless about causing the death of, or serious harm to, the animal,\nthe person is guilty of an offence.\n\t(a)\tin the case of a body corporate—$750 000;\n\t(b)\tin the case of an individual—$175 000 or imprisonment for 7 years.\n\t(3)\tA person who ill treats an animal is guilty of an offence.\n\t(4)\tWithout limiting the generality of subsection (1), (2) or (3), 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 take reasonable steps to mitigate harm suffered by the animal; or\n\t(ii)\tabandons the animal; or\n\t(iii)\tcauses the animal harm by neglecting the animal (including, for example, by failing to provide the animal with appropriate, and adequate, food, water, living conditions (whether temporary or permanent) or exercise); 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(d)\tcauses the animal to be killed or injured by another animal; or\n\t(e)\tkills the animal in a manner that causes the animal unnecessary pain; or\n\t(f)\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(g)\tcarries out a medical or surgical procedure on the animal in contravention of the regulations; or\n\t(h)\till treats the animal in any other manner prescribed by the regulations for the purposes of this section.\n\t(5)\tA person charged with an offence against subsection (1) (the aggravated offence) may be convicted of an offence against subsection (2) or (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established.\n\t(6)\tA person charged with an offence against subsection (2) (the aggravated offence) may be convicted of an offence against subsection (3) or against section 6 (a lesser offence) if the court is not satisfied that the aggravated offence has been established beyond reasonable doubt but is satisfied that a lesser offence has been so established.\n\t(7)\tIt is a defence to a charge of an offence against subsection (3) 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(8)\tFor the purposes of this section, a person abandons an animal if the person relinquishes care or charge of the animal without ensuring that another person has, or will immediately take, care or charge of the animal, including by—\n\t(a)\tdeliberately abandoning the animal at a place; or\n\t(b)\tintentionally allowing the animal to escape; or\n\t(c)\tinappropriately releasing the animal into the wild.\n\t(9)\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.\n8—Causing death or serious harm etc to working animals\n\t(1)\tA person who, by an intentional act, causes the death of, or serious harm to, a working animal is guilty of an offence.\nMaximum penalty: $500 000 or imprisonment for 10 years.\n\t(2)\tSubsection (1) does not apply to the death of a working animal, or the causing of serious harm to a working animal, that occurs in the following circumstances:\n\t(a)\twhere the death or serious harm is caused in the course of the provision of veterinary treatment to the working animal;\n\t(b)\twhere the death occurs under section 65;\n\t(c)\twhere the death or serious harm is caused by, or with the consent of, the owner of the working animal or a person assisting the owner;\n\t(d)\twhere the death or serious harm occurs in the course of training the animal to perform its working function;\n\t(e)\twhere the death or serious harm occurs pursuant to an order under section 50 of the Dog and Cat Management Act 1995;\n\t(f)\twhere the death occurs under section 63 of the Dog and Cat Management Act 1995;\n\t(g)\tany other circumstances prescribed by the regulations.\n\t(3)\tIn proceedings for an offence against subsection (1), it is a defence for the defendant to prove that they did not know, and could not reasonably have been expected to have known, that an animal the subject of the charge was a working animal.\n\t(4)\tIn proceedings for an offence against subsection (1), a defence that would, but for this subsection, be available to the defendant under subsection (1) will be taken not to be available to a defendant if—\n\t(a)\tthe working animal the subject of the charge is a police dog, police horse or a correctional services dog; and\n\t(b)\tthe death or serious harm occurs in the course of, or is related to—\n\t(i)\tthe commission of an offence by the defendant or a person in the company of the defendant; or\n\t(ii)\tthe defendant taking steps to avoid being taken into, or to escape from, lawful custody; or\n\t(iii)\tthe defendant resisting another who is exercising a power in the course of their official duties or functions.\n\t(5)\tIn proceedings for an offence against subsection (1), the prosecution need not prove that the defendant knew that their act would cause death or serious harm to the working animal, or to a particular working animal.\n\t(6)\tThis section is in addition to, and does not derogate from the other provisions of this Part.\n\t(7)\tIn this section—\naccredited assistance dog means—\n\t(a)\ta dog accredited as an assistance dog under section 21 of the Dog and Cat Management Act 1995; or\n\t(b)\ta dog accredited as an assistance dog (however described) under a law of a State or Territory that provides for the accreditation of animals trained to assist a person with a disability to alleviate the effect of the disability;\ncause—a person's act causes the death of, or harm to, an animal if the act or omission substantially contributes to the death or harm;\ncorrectional services dog has the same meaning as in the Correctional Services Act 1982;\npolice dog means a dog (including a drug detection dog within the meaning of the Controlled Substances Act 1984) that—\n\t(a)\thas completed training of a kind approved by the Commissioner of Police; and\n\t(b)\tis used by, or to assist, police officers in the performance of their official duties and functions;\npolice horse means a horse that—\n\t(a)\thas completed training of a kind approved by the Commissioner of Police; and\n\t(b)\tis used by, or to assist, police officers in the performance of their official duties and functions;\nserious harm, in relation to a working animal, includes harm that results in the animal being unable to satisfactorily perform its working function;\nSee also the definition in section 3.\nworking animal means—\n\t(a)\ta police dog; or\n\t(b)\ta police horse; or\n\t(c)\ta correctional services dog; or\n\t(d)\tan accredited assistance dog;\nworking function, of a working animal, means the function or functions for which the animal has been trained and is ordinarily used (whether or not the working animal also performs other functions).\n9—Prohibited activities\n\t(1)\tA person must not take part in a prohibited activity.\n\t(2)\tA person must not be present in a place at which a prohibited activity is occurring.\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, the person 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 they 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(f)\tany other act or activity of a kind prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited activity.\n\t(6)\tFor the purposes of this section, a person takes part in a prohibited activity if the person 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 the person;\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.\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;\norganised animal fight means an event in which an animal is encouraged to fight with another animal.\n10—Possession of certain items prohibited\n\t(1)\tA person must not, without the approval of the Minister, have in their possession or control a prohibited item.\n\t(2)\tFor the purposes of this section, the following are prohibited items:\n\t(a)\ta cock‑fighting spur;\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;\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 veterinarian) 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;\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 9);\n\t(e)\tany other implement, article or thing prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited item.\n\t(3)\tFor the purposes of subsection (2)(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.\nFor example, the skin of an animal which has been processed into a leather product.\n11—Electrical devices not to be used in contravention of regulations\n\t(1)\tA person must not, for the purpose of confining or controlling an animal, place on the animal or use an electrical device in contravention of the regulations.\n\t(2)\tIn this section—\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.\n12—Jumps racing prohibited\n\t(1)\tA person must not organise, promote or participate in, or participate in organising or promoting, jumps racing.\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 a Territory, or overseas; or\n\t(d)\tadvertising jumps racing held in another State or a Territory, or allowing images or audio of such racing to be shown or heard.\njumps racing means a steeplechase or hurdle race involving the racing of horses.\n13—Special requirements for greyhound racing entities\n\t(1)\tA person must, if—\n\t(a)\tthe person suspects on reasonable grounds that an offence against this Part is being committed; and\n\t(b)\tthat suspicion is formed in the course of the person's employment with a prescribed greyhound racing entity,\nreport that suspicion to the Minister in a manner prescribed by the regulations.\n\t(2)\tHowever, a person need not report a suspicion under subsection (1)—\n\t(a)\tif the person believes on reasonable grounds that another person has reported the matter in accordance with that subsection; or\n\t(b)\tif the person's suspicion was due solely to having been informed of the circumstances that gave rise to the suspicion by an authorised officer acting in the course of their official duties; or\n\t(c)\tin any other circumstances prescribed by the regulations for the purposes of this subsection.\n\t(3)\tThe duty under subsection (1) is in addition to, and does not derogate from, any other duties of a person under this or any other Act or law.\n\t(4)\tFor the purposes of this section, a person is an employee of a prescribed greyhound racing entity if the person carries out work—\n\t(a)\tunder a contract for services for a prescribed greyhound racing entity; or\n\t(b)\tas a volunteer for a prescribed greyhound racing entity; or\n\t(c)\tof a prescribed kind, or in prescribed circumstances, for a prescribed greyhound racing entity,\nand a reference to something occurring in the course of the person's employment is to be construed accordingly.\n\t(5)\tIn this section—\nprescribed greyhound racing entity means—\n\t(a)\tGreyhound Racing SA; or\n\t(b)\tany entity prescribed by the regulations that is involved in, or that otherwise supports or operates in connection with, greyhound racing activities (whether those activities are conducted in this State or elsewhere).\n14—Exemption for fishing activities etc\n\t(1)\tAquaculture and fishing activities (whether recreational, traditional or commercial) will not constitute an offence against this Part provided that such activities are done in compliance with the relevant legislation and do not involve any acts that are prescribed, in relation to aquaculture or fishing activities, as ill treatment of an animal for the purposes of section 7(4)(h).\n\t(2)\tIn this section—\nrelevant legislation means—\n\t(a)\tin relation to aquaculture—the Aquaculture Act 2001; and\n\t(b)\tin relation to fishing—the Fisheries Management Act 2007.\n","sortOrder":0},{"sectionNumber":"Part 3","sectionType":"part","heading":"Advisory committees etc","content":"Part 3—Advisory committees etc\n15—Establishment of committees by Minister\n\t(1)\tThe Minister may establish—\n\t(a)\tan Animal Welfare Advisory Committee; and\n\t(b)\tsuch other committees as the Minister thinks fit.\n\t(2)\tSubject to subsection (3), the Minister—\n\t(a)\tmay appoint such members of a committee as the Minister thinks fit; and\n\t(b)\tmust not appoint a person as a member of a committee unless the Minister is of the opinion that the person has experience, skills or qualifications relevant to the functions of the committee, including experience, skills or qualifications of a kind prescribed by the regulations.\n\t(3)\tThe Animal Welfare Advisory Committee established by the Minister under this Part must consist of members appointed by the Minister who, in the opinion of the Minister—\n\t(a)\thave a balance of experience, skills or qualifications in respect of the following:\n\t(i)\tanimal welfare;\n\t(ii)\tenforcement of any relevant legislation;\n\t(iii)\tlivestock production and management;\n\t(iv)\tfishing or aquaculture;\n\t(v)\twildlife management;\n\t(vi)\tveterinary science;\n\t(vii)\tscientific use of animals;\n\t(viii)\tgovernment administration;\n\t(ix)\tother experience, skills or qualifications as determined by the Minister; and\n\t(b)\thave an understanding of community attitudes and expectations relating to animal welfare,\nand at least 1 member must be a person representing the agency that is primarily responsible for the enforcement of this Act.\n\t(4)\tThe Minister may suspend or remove a member of a committee from office for any reason the Minister thinks fit.\n\t(5)\tThe Minister will determine who will be the presiding member of a committee.\n\t(6)\tA member of a committee holds office on terms and conditions determined by the Minister.\n\t(7)\tA member of a committee is entitled to receive such allowances and expenses as the Minister may from time to time determine.\n\t(8)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas prescribed by the regulations; or\n\t(b)\tinsofar as the procedure is not prescribed by the regulations—as approved by the Minister.\n\t(9)\tThe Minister may confer on a committee 1 or more of the following functions:\n\t(a)\tto provide advice to the Minister in relation to any matters referred to the committee by the Minister;\n\t(b)\tto provide advice to the Minister in relation to the disbursement of the Animal Welfare Fund;\n\t(c)\tto review any matters referred to the committee by the Minister;\n\t(d)\tto arbitrate or otherwise deal with complaints referred to the committee by the Minister;\n\t(e)\tto carry out assessments, in particular where systemic animal welfare issues are suspected, and provide advice on enforcement and compliance actions;\n\t(f)\tto perform such other functions as may be prescribed by the regulations.\n\t(10)\tIf the Public Sector (Honesty and Accountability) Act 1995 would not, apart from this section, apply to a member of a committee, that Act applies to the member in the same way as to an advisory body member within the meaning of that Act.\n\t(11)\tIn this section—\nrelevant legislation means this Act, the former Animal Welfare Act 1985, the Livestock Act 1997, the Fisheries Management Act 2007 or any other Act determined by the Minister to be relevant to the functions of the Animal Welfare Advisory Committee.\n16—Conflict of interest\nA member of a 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.\nPart 4—Licences, permits and registered activities\nDivision 1—Licences for prescribed activities\n17—Requirement to hold licence\n\t(1)\tSubject to subsection (2), a person must not undertake a prescribed activity unless the person holds a licence under this Division authorising the activity.\n\t(2)\tAn employee is not required to hold a licence under this Division in respect of anything done in the course of employment by a person who holds a licence under this Division.\nprescribed activity means any of the following:\n\t(a)\tbreeding and supplying an animal for scientific purposes;\n\t(b)\tkeeping or using an animal for scientific purposes;\n\t(c)\tan activity of a kind prescribed by the regulations (after consultation undertaken in compliance with section 79(4)).\n18—Classes of licence\n\t(1)\tFor the purposes of this Act (but subject to subsection (2)), licences are divided into the following classes:\n\t(a)\tanimal supplier's licence—a licence authorising the breeding and supplying of animals for scientific purposes;\n\t(b)\tanimal use licence—a licence authorising the keeping and use of animals for scientific purposes.\n\t(2)\tThe regulations may—\n\t(a)\tprescribe additional classes of licence; and\n\t(b)\tdivide a class of licence into subclasses; and\n\t(c)\tprescribe the persons or organisations, or classes or groups of persons or organisations, to which licences, or any classes or subclasses of licences, may be granted.\n19—Application for and grant of licence\n\t(1)\tThe Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, grant or refuse to grant a licence under this Division.\n\t(2)\tAn application for a licence must—\n\t(b)\tidentify the activity for which the licence is being sought in a manner determined by the Minister; and\n\t(d)\tbe accompanied by the prescribed fee or fees.\n20—Nomination of responsible person for compliance\n\t(1)\tIf an application for a licence is made by an applicant who is not an individual, the application must nominate to the Minister an individual (the responsible person) who will be also be responsible for complying with all conditions of, and any obligations under, the licence.\n\t(2)\tIf the licensee or any other person commits an offence against this Act in relation to the licence or the prescribed activity under the licence, the responsible person is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the responsible person proves that—\n\t(b)\tthey took all reasonable and practicable measure to prevent the commission of the offence.\n21—Conditions of licence\n\t(1)\tA licence under this Division is subject to such conditions as the Minister thinks fit and specifies in the licence.\n\t(2)\tWithout limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions requiring the licensee—\n\t(a)\tto establish an animal ethics committee, or undertake another registered activity, in accordance with Division 3; and\n\t(b)\tto consult with an animal ethics committee in relation to specified matters; and\n\t(c)\tto obtain the approval of an animal ethics committee before—\n\t(i)\tacquiring animals for scientific purposes; or\n\t(ii)\tusing animals for scientific purposes; and\n\t(d)\tto provide an animal ethics committee with such information in relation to scientific purposes involving animals as the animal ethics committee may request; and\n\t(e)\tto answer such questions in relation to scientific purposes involving animals as may be put by an animal ethics committee; and\n\t(f)\tto comply with such provisions of the Code as may be specified in the conditions; and\n\t(g)\tto submit annual reports containing specified details within specified timeframes; and\n\t(h)\tto provide information required by the Minister.\n\t(3)\tThe Minister may, on the Minister's own initiative or on the application of a licensee and payment of the prescribed fee, by written notice to the licensee, amend or revoke a condition of a licence or impose a further condition.\n\t(4)\tA person who contravenes a designated condition of a licence is guilty of an offence.\n\t(5)\tA person who contravenes a condition of a licence, other than a designated condition, is guilty of an offence.\n\t(6)\tIn this section—\ndesignated condition—a condition of a licence is a designated condition for the purposes of this section if—\n\t(a)\tthe condition is of a kind prescribed by the regulations as designated conditions; or\n\t(b)\tthe licence specifies that the condition is a designated condition for the purposes of this section.\n22—Term and renewal of licence\n\t(1)\tSubject to this Act, a licence remains in force—\n\t(a)\tin the case of a licence granted other than by way of renewal of a licence—for a period of 12 months commencing on the day on which the licence is granted; or\n\t(b)\tin the case of a licence granted by way of renewal of a licence—for such period (not exceeding 5 years) as is stated in the licence commencing on the day on which the previous licence is due to expire.\n\t(2)\tThe Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, renew or refuse to renew a licence.\n\t(3)\tAn application for the renewal of a licence must—\n\t(b)\tbe delivered to the Minister not less than 1 month before the licence is due to expire; and\n\t(4)\tThe Minister may, if the Minister thinks fit and on payment of the prescribed late application fee, renew a licence despite the fact that the application for renewal was delivered out of time.\n\t(5)\tIf an application for the renewal of a licence is not decided before the day on which the licence is due to expire, the licence continues in operation until the application is decided and, if the licence is renewed, the renewal is taken to have commenced on the day on which the licence would, but for this subsection, have expired.\n23—Licensee to notify change of particulars etc\n\t(1)\tA licensee must, within 14 days after a change in any prescribed particulars in relation to the licensee, give the Minister written notice of the change.\n\t(2)\tA licensee must, within 14 days after a change in any prescribed particulars in relation to, or in who is, the responsible person for a licence nominated in accordance with section 20, give the Minister written notice of the change.\nprescribed particulars, in relation to a licensee or responsible person, means—\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the licensee to the Minister for purposes connected with the licence; or\n\t(b)\tany other particulars of a kind prescribed by the regulations.\n24—Cancellation, suspension or surrender of licence\n\t(1)\tThe Minister may, by written notice to the licensee, cancel a licence or suspend a licence for a specified period—\n\t(a)\tif the licensee contravenes this Act or a condition of the licence; or\n\t(b)\tin prescribed circumstances.\n\t(2)\tA licensee may, with the approval of the Minister, surrender the licence.\n\t(3)\tThe Minister may approve the surrender of a licence either unconditionally or subject to such conditions as the Minister thinks fit.\n\t(4)\tIf a licence is cancelled, suspended or surrendered under this section, the licensee is not entitled to any refund in respect of fees paid by the licensee for the licence.\nDivision 2—Permits\n25—Permits for prescribed activities and items\n\t(1)\tA person must not organise, conduct, promote or participate in a prescribed activity without a permit under this section.\n\t(2)\tA person must not have in their possession or control a prescribed item without a permit under this section.\n\t(3)\tAn application for a permit must—\n\t(a)\tbe made to the Minister; and\n\t(b)\tbe made in the prescribed manner and in a form approved by the Minister; and\n\t(d)\tbe accompanied by the prescribed fee.\n\t(4)\tThe Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, grant or refuse to grant a permit under this section.\n\t(5)\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(6)\tThe Minister may, by written notice to the holder of the permit, amend or revoke a condition of a permit or impose a further condition.\n\t(7)\tA person who contravenes a condition of a permit under this section is guilty of an offence.\n\t(8)\tThe Minister may cancel, or suspend for a specified period, a permit issued under this section by written notice to the holder of the permit.\nDivision 3—Registered activities\n26—Interpretation\nIn this Division—\napplicant—see section 29(1);\npresiding member, in relation to an animal ethics committee, means—\n\t(a)\tthe member of the committee appointed to be the chairperson of the committee in accordance with the Code; or\n\t(b)\ta member of the committee from time to time acting as the chairperson of the committee.\n27—Activities that must be registered\n\t(1)\tA person must not conduct an activity to which this Division applies unless registered in accordance with this Division.\n\t(2)\tThis Division applies to the following activities:\n\t(a)\tthe establishment and operation of an animal ethics committee for the purposes of approving any activities of a licensee;\n\t(b)\tan activity of a kind prescribed by regulation (after consultation undertaken in compliance with section 79(4)).\n28—Minister may maintain registers\n\t(1)\tThe Minister may maintain 1 or more registers for the purposes of this Division.\n\t(2)\tA register—\n\t(a)\tmay be maintained in a manner determined by the Minister; and\n\t(b)\tmay be made wholly or partly available for public inspection on a website determined by the Minister.\n29—Registration\n\t(1)\tA person (the applicant) may apply to the Minister for registration in accordance with this section.\n\t(2)\tAn application for registration must—\n\t(b)\tidentify the activity for which registration is being sought in a manner determined by the Minister; and\n30—Nomination of responsible person for compliance\n\t(1)\tIf the applicant is not an individual, the application must nominate to the Minister an individual (the responsible person) who will also be responsible for complying with all conditions of the registration and any legal requirements applicable to the registered activity.\n\t(2)\tIf the applicant or any other person commits an offence against this Act in relation to the registration or the registered activity, the responsible person is also guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the responsible person proves that—\n\t(b)\tthey took all reasonable and practicable measure to prevent the commission of the offence.\n31—Conditions of registration\n\t(1)\tThe Minister may register an activity subject to such conditions as the Minister thinks fit and specifies in the register maintained under section 28.\n\t(2)\tWithout limiting the matters with respect to which conditions may be imposed, the Minister may impose conditions requiring the applicant—\n\t(a)\tto conduct an independent external review within a specified timeframe; and\n\t(b)\tto submit annual reports containing specified details within specified timeframes; and\n\t(c)\tto provide information required by the Minister.\n\t(3)\tThe Minister may, on the Minister's own initiative or on the application of a person and payment of the prescribed fee, by written notice to the applicant, amend or revoke a condition of a registration or impose a further condition.\n\t(4)\tAn applicant who contravenes a condition of a registration is guilty of an offence.\n32—Term and renewal of registration\n\t(1)\tRegistration of an activity remains in force for a period determined by the Minister (but not exceeding 5 years) and may be renewed in accordance with this section.\n\t(2)\tThe Minister may, on an application under this section and by written notice, taking into account any criteria prescribed by the regulations, renew or refuse to renew the registration of an activity.\n\t(3)\tAn application for the renewal of registration must—\n\t(b)\tbe delivered to the Minister not less than 1 month before the registration is due to expire; and\n\t(4)\tThe Minister may, if the Minister thinks fit and on payment of the prescribed late application fee, renew a registration despite the fact that the application for renewal was delivered out of time.\n\t(5)\tIf an application for renewal of registration is not decided before the day on which the renewal is due to expire, the applicant may continue the registered activity until the application is decided and, if the registration is renewed, the renewal is taken to have commenced on the day on which the registration would, but for this subsection, have expired.\n33—Animal ethics committees\n\t(1)\tAn animal ethics committee will consist of at least 4 members appointed in compliance with the Code.\n\t(2)\tThe applicant must ensure that the Minister is advised of the name and address of the presiding member of the animal ethics committee.\nMaximum penalty: $20 000.\n\t(3)\tSubject to this section, the functions of an animal ethics committee are—\n\t(a)\tto ensure that animals used for scientific purposes are treated humanely and that the regulations relating to such purposes are complied with; and\n\t(b)\tto approve the use of animals for scientific purposes proposed by the holder of a licence; and\n\t(c)\tto approve the acquisition, by the holder of a licence, of animals for scientific purposes; and\n\t(d)\tto furnish annual reports in accordance with the regulations; and\n\t(e)\tsuch other functions as are prescribed by the Code or the regulations.\n\t(4)\tAn animal ethics committee may not approve the use of an animal for scientific purposes, 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(5)\tSubject to this Act, an animal ethics committee must perform its functions and conduct its business in compliance with the Code.\n\t(6)\tIf an animal ethics committee refuses or fails to perform its functions and conduct its business in compliance with this Act and the Code—\n\t(a)\tthe applicant who applied for registration in relation to the animal ethics committee; and\n\t(b)\tthe responsible person (if any) under section 30; and\n\t(c)\teach member of the animal ethics committee,\nwill be guilty of an offence.\n\t(7)\tIt is a defence to a charge of an offence against subsection (6) if the defendant proves that—\n\t(b)\tthey took all reasonable and practicable measures to prevent the commission of the offence.\n34—Applicant to notify change of particulars etc\n\t(1)\tAn applicant must, within 14 days after a change in any prescribed particulars in relation to the applicant, give the Minister written notice of the change.\n\t(2)\tAn applicant must, within 14 days after a change in any prescribed particulars in relation to, or in who is—\n\t(a)\tthe responsible person nominated in accordance with section 30 in relation to the registration of an activity under this Division; or\n\t(b)\tin the case of a registration of the establishment of an animal ethics committee—the presiding member of the committee,\ngive the Minister written notice of the change.\n\t(3)\tAn applicant in relation to the registration of the establishment of an animal ethics committee must, within 30 days of a change in the membership of the committee, give the Minister written notice of the change.\nprescribed particulars, in relation to an applicant, a responsible person or the presiding member of an animal ethics committee, means—\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the applicant to the Minister for purposes connected with registration of an activity under this Division; or\n\t(b)\tany other particulars of a kind prescribed by the regulations.\nPart 5—Enforcement\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Authorised officers","content":"Division 1—Authorised officers\n","sortOrder":2},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Appointment and identification of authorised officers","content":"Subdivision 1—Appointment and identification of authorised officers\n35—Appointment of authorised officers\n\t(1)\tThe Minister may, by instrument in writing, appoint a person to be an authorised officer 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 authorised officer;\n\t(b)\ta condition requiring the authorised officer 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.\n36—Identification of authorised officers\n\t(1)\tAn authorised officer 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 authorised officer for the purposes of this Act.\n\t(2)\tIf the powers of an authorised officer have been limited by conditions, the identity card issued to the authorised officer must contain a statement of the conditions imposed on the authorised officer's powers.\n\t(3)\tAn authorised officer appointed under this Part must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this or any other Act, produce for the inspection of the person their identity card.\n\t(4)\tIf an authorised officer 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 their 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 authorised officer, the person must return the identity card to the Minister within 14 days.\n\t(6)\tIf a person who was appointed as an authorised officer in their capacity as an officer or employee of a particular entity ceases to be an employee or officer of that entity, the entity must—\n\t(a)\tinform the Minister, as soon as reasonably practicable, that the person has ceased to be an officer or employee; and\n\t(b)\tensure that the person complies with subsection (5).\n","sortOrder":3},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Powers of authorised officers","content":"Subdivision 2—Powers of authorised officers\n37—General powers\n\t(1)\tAn authorised officer 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 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 authorised officer 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 thing in respect of which powers have been exercised under this Act; and\n\t(h)\trequire a person who the authorised officer 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)\tif the authorised officer requires information about the ownership of any vehicle for purposes related to the administration or enforcement of this Act—\n\t(i)\trequest the provision of such information from the Registrar of Motor Vehicles (who is, by force of this section, authorised to provide such information); or\n\t(ii)\trequire a person who the authorised officer reasonably suspects has knowledge of those matters to answer questions in relation to those matters; and\n\t(j)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act—\n\t(i)\tto answer questions in relation to those matters; or\n\t(ii)\tto attend at a specified place at a specified time and answer questions in relation to those matters; and\n\t(k)\trequire a person holding or required to hold a licence, permit or approval under this Act to produce it for inspection; and\n\t(l)\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 authorised officer—\n\t(a)\tmay only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of—\n\t(i)\tthis Act; or\n\t(ii)\tin accordance with any arrangements entered into or determined under section 60—another Act or law of this State, or of another State or a Territory, relating to animal welfare or the care or management of animals; and\n\t(b)\tmay only exercise the power to use force under subsection (1)(a) on the authority of a warrant issued by the Magistrates Court or in circumstances in which the authorised officer reasonably believes that urgent action is required in order to prevent or mitigate serious harm occurring to an animal.\n\t(3)\tAn authorised officer may be assisted in the exercise of powers under this Act by such persons as the authorised officer considers necessary in the circumstances.\n\t(4)\tAn authorised officer may require an occupier of premises or a person apparently in charge of a vehicle, animal or other thing to give to the authorised officer or a person assisting the authorised officer such assistance as is reasonably required by the authorised officer 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 authorised officer reasonably suspects 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 authorised officer 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 authorised officer reasonably suspects there is an animal in respect of which an animal welfare notice, notice to comply, enforceable undertaking or animal welfare order is in force;\n\t(e)\tpremises or a vehicle that an authorised officer 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 authorised officer 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.\n38—Provisions relating to seizure of things other than animals\n\t(1)\tThis section applies to things seized other than animals.\nFor animals, see Division 3.\n\t(2)\tIf a thing has been seized under section 37(1)(f), the following provisions apply:\n\t(a)\tthe thing must be held pending a decision on whether to institute proceedings for an offence related to the thing seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or to any person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings for an offence relating to the thing are instituted within the prescribed period after its seizure and the defendant is convicted or found guilty of an offence, the court may—\n\t(i)\torder that it be forfeited to the Crown; or\n\t(ii)\twhere it has been released pursuant to paragraph (a)—order that it be forfeited to the Crown or that the person to whom it was released or the defendant pay to the Crown an amount equal to its market value at the time of its seizure, as the court thinks fit;\n\t(c)\tif—\n\t(i)\tproceedings are not instituted for an offence relating to the thing within the prescribed period after its seizure; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of an offence but no order for forfeiture is made under paragraph (b),\nthen the person from whom the thing was seized, or any person with legal title to it, is entitled to recover from the Crown (if necessary, by action in a court of competent jurisdiction) the thing itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure, unless possession of the thing is (or would be) contrary to another provision of this or any other Act;\n\t(d)\tif—\n\t(i)\tpossession of the thing by the person from whom the thing was seized is (or would be) contrary to another provision of this Act; or\n\t(ii)\ta thing is not liable for forfeiture under a preceding paragraph and the Minister has, after taking reasonable steps in the circumstances, been unable to return the thing to the person from whom it was seized,\nthe Minister may deal with, destroy or dispose of the thing in such manner as the Minister thinks fit.\nprescribed period means—\n\t(a)\tif the thing was seized in relation to an expiable offence—the period of 2 years after the day on which the offence is alleged to have been committed; or\n\t(b)\tif the thing was seized in relation to any other offence—the period of 5 years after the day on which the offence is alleged to have been committed.\n39—Routine inspections\n\t(1)\tSubject to this section, if, for the purposes of administering this Act, an authorised officer 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 authorised officer must—\n\t(a)\tgive the occupier of the premises or the owner of the vehicle at least 24 hours notice of the proposed inspection; and\n\t(b)\tgive the following persons (as required) a reasonable opportunity to accompany the authorised officer 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; 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 authorised officer reasonably suspects there is an animal in respect of which an animal welfare notice or animal welfare order is in force.\n\t(3)\tNoncompliance with this section does not affect the validity of the exercise of powers by the authorised officer under this Act.\n40—Animal welfare notices\n\t(1)\tIf an authorised officer 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 authorised officer may, by written notice (an animal welfare notice) given to the owner of the animal, do 1 or more of the following:\n\t(a)\tdirect the owner to provide the animal with such food, water, shelter, rest or treatment as the authorised officer 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 authorised officer 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.\n\t(3)\tA notice under this section may specify that refusal or failure to comply may result in an animal or animals owned by the person being seized by an authorised officer and forfeited to the Minister in accordance with section 46.\n41—Notice to comply\n\t(1)\tIf an authorised officer believes on reasonable grounds that a person is contravening a requirement of this Act, the authorised officer may issue the person a notice (a notice to comply) directing the person to take, or cease, specified action within a specified period.\n\t(2)\tA person to whom a notice to comply has been given must not refuse or fail to comply with the direction set out in the notice.\n\t(3)\tA notice under this section may specify that refusal or failure to comply may result in an animal or animals owned by the person being seized by an authorised officer and forfeited to the Minister in accordance with section 46.\n42—Offence to hinder etc authorised officers\n\t(1)\tA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers under this Act; or\n\t(b)\tfalsely represents, by words or conduct, that they are an authorised officer,\nis guilty of an offence.\n\t(2)\tA person who—\n\t(a)\trefuses or fails to comply with a requirement or direction of an authorised officer under this Act; or\n\t(b)\twhen required by an authorised officer 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,\nis guilty of an offence.\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Enforceable undertakings","content":"Division 2—Enforceable undertakings\n43—Enforceable undertakings\n\t(1)\tIf the Minister is satisfied that a person is contravening a requirement of this Act, the Minister may ask the person to consent to an enforceable undertaking setting out—\n\t(a)\tactions the person agrees to take or to cease within a specified time; and\n\t(b)\tany costs or expenses the person agrees to pay in respect of action taken or to be taken by an authorised officer or the Minister; and\n\t(c)\tany other matters that may be agreed between the Minister and the person.\n\t(2)\tA person who consents to an enforceable undertaking must not refuse or fail to comply with the terms of the undertaking.\n\t(3)\tAn enforceable undertaking under this section may specify that refusal or failure to comply may result in an animal or animals owned by the person being seized by, and forfeited to, the Minister in accordance with section 47.\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Special powers relating to animals","content":"Division 3—Special powers relating to animals\n44—Powers are additional\nPowers under this Division are additional to, and do not derogate from, any other powers conferred on an authorised officer, or the Minister, under this Act.\nFor example, an animal may also be seized under section 37(1)(f) as evidence of an offence.\n45—Special powers to protect animal welfare\n\t(1)\tAn authorised officer may examine an animal and its living conditions and if the authorised officer suspects on reasonable grounds that the animal is experiencing or will imminently experience unnecessary harm, pain or distress—\n\t(a)\tthe officer may do 1 or more of the following:\n\t(i)\tprovide treatment and care to the animal;\n\t(ii)\tcause the living conditions of the animal to be modified; or\n\t(b)\tif the authorised officer suspects on reasonable grounds that no action can reasonably be taken under paragraph (a) or that any such action will not be effective to alleviate the animal's harm, pain or distress, the officer may seize the animal; or\n\t(c)\tif the authorised officer suspects on reasonable grounds that no action can reasonably be taken under paragraph (a) or (b) or that any such action will not be effective to alleviate the animal's harm, pain or distress, the officer may destroy or arrange for the destruction of the animal (in accordance with any directions of the Minister).\n\t(2)\tAn authorised officer who takes action under this section in good faith does not incur any civil or criminal liability for taking that action.\n46—Seizure and forfeiture following noncompliance with notice\n\t(1)\tThis section applies to an animal if the owner of the animal has refused or failed to comply with a notice under section 40 or 41 and that notice specified that refusal or failure to comply may result in the animal being seized by an authorised officer and forfeited to the Minister in accordance with this section.\n\t(2)\tIf an authorised officer reasonably believes that—\n\t(a)\tthis section applies to an animal; and\n\t(b)\tit is in the best interests of the animal to take action under this section,\nthe authorised officer may, by written notice to the owner of the animal (the seizure notice), seize the animal.\n\t(3)\tIf the owner of an animal seized under subsection (2)—\n\t(a)\thas not, within 30 days after the day the seizure notice is given (the application period), applied under section 55 for a review of the decision to issue the seizure notice; or\n\t(b)\thas, within the application period, applied for a review of the decision and the decision is confirmed,\nthe animal is forfeited to the Minister by the operation of this subsection.\n\t(4)\tFor the avoidance of doubt—\n\t(a)\taction may be taken in relation to an animal under this section whether or not the owner of the animal has been charged with, or prosecuted for, or has expiated an alleged offence under this Act in respect of the refusal or failure to comply with a notice; and\n\t(b)\tnothing in this section affects the ability of an authorised officer to exercise powers under section 45 or the Minister's powers under section 48.\n47—Seizure and forfeiture following noncompliance with undertaking\n\t(1)\tThis section applies to an animal if the owner of the animal has refused or failed to comply with an enforceable undertaking under section 43 and that undertaking specified that refusal or failure to comply may result in the animal being seized by, and forfeited to, the Minister in accordance with this section.\n\t(2)\tIf the Minister reasonably believes that—\n\t(a)\tthis section applies to an animal; and\n\t(b)\tit is in the best interests of the animal to take action under this section,\nthe Minister may, by written notice to the owner of the animal (the forfeiture notice), seize the animal and declare that the animal is forfeited to the Minister.\n\t(3)\tFor the avoidance of doubt—\n\t(a)\taction may be taken in relation to an animal under this section whether or not the owner of the animal has been charged with, or prosecuted for, or has expiated an alleged offence under this Act in respect of the refusal or failure to comply with an undertaking; and\n\t(b)\tnothing in this section affects the ability of an authorised officer to exercise powers under section 45 or the Minister's powers under section 48.\n48—Dealing with seized animals\n\t(1)\tThis section applies to an animal seized under any provision of this Act.\nThis section applies whether or not the seized animal may be liable to forfeiture.\nThis section ceases to apply to a seized animal if the owner of the animal surrenders the animal to the Minister or the animal is forfeited to the Minister.\n\t(2)\tIf an authorised officer seizes an animal under this Act, the authorised officer may keep the animal at the premises at which it was seized or move the seized animal to any other premises.\n\t(3)\tThe Minister may—\n\t(a)\tsell or rehome an animal seized under this Act; or\n\t(b)\tgive an animal seized under this Act to an animal welfare entity for selling or rehoming; or\n\t(c)\tif satisfied that no action can reasonably be taken under a preceding paragraph or that it is otherwise in the best interests of the seized animal—destroy (or arrange for the destruction of) the animal.\n\t(4)\tBefore selling, rehoming or destroying a seized animal, the Minister must—\n\t(a)\tif the identity of the owner of the animal is not known—make reasonable inquiries to identify the owner; or\n\t(b)\tif the identity of the owner of the animal is known—give the person written notice of the Minister's intention to sell, rehome or destroy (or arrange for the destruction of) the animal.\n\t(5)\tThe Minister may only sell, rehome or destroy (or arrange for the destruction of) a seized animal if the Minister—\n\t(a)\tis satisfied on reasonable grounds that it is in the best interests of the seized animal; and\n\t(b)\thas complied with subsection (4); and\n\t(c)\twhere the identity of the owner of the animal is known, if—\n\t(i)\tthe Minister has given notice to the owner under subsection (4)(b); and\n\t(ii)\tthe person—\n\t(A)\thas not, within 14 days after the day the notice is given under subsection (4)(b) (the application period), applied to SACAT under section 56 for review of the Minister's decision to sell, rehome or destroy (or arrange for the destruction of) the animal; or\n\t(B)\thas, within the application period, applied to SACAT under section 56 for review of the Minister's decision to sell, rehome or destroy (or arrange for the destruction of) the animal and the Minister's decision has been confirmed.\n\t(6)\tIf an animal that has been seized is disposed of by sale under this section—\n\t(a)\tif the animal was seized as evidence of an offence—the proceeds of the sale must be held by the Minister until the conclusion or termination of the proceedings for the offence when they must be disbursed in accordance with a further order of the court; or\n\t(b)\tin any other case—the costs incurred by the Minister in relation to the seizure and sale of the animal must be deducted from the proceeds of sale and the remainder (if any)—\n\t(i)\tif the identity of the owner of the animal is not known—is forfeited to the Minister; or\n\t(ii)\tif the identity of the owner of the animal is known—must be paid to the owner of the animal.\n\t(7)\tFor the avoidance of doubt, nothing in this section affects the ability of an authorised officer to exercise powers under section 45.\n\t(8)\tIn this section—\nanimal welfare entity means an entity that, in the opinion of the Minister, carries out appropriate functions relating to animal welfare.\n49—Costs\nThe costs and expenses reasonably incurred by a person or the Crown in taking action under this Division may be recovered as a debt from the owner of the animal.\n","sortOrder":6},{"sectionNumber":"Div 4","sectionType":"division","heading":"Court orders","content":"Division 4—Court orders\n50—Interim orders\n\t(1)\tA court may, in proceedings for an offence against this Act, make such interim orders as the court considers appropriate.\n\t(2)\tWithout limiting the generality of subsection (1), a court may make 1 or more of the following orders:\n\t(a)\tan order requiring a specified person to care for any animal owned by the person (whether or not the subject of the alleged 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 authorised officer);\n\t(b)\tan order directing a specified person to surrender a specified animal that is owned by the person (whether or not the subject of the alleged offence) to an authorised officer;\n\t(c)\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(d)\tan order directing a specified person to surrender to the Crown a thing that is the property of the person and is the subject of the alleged offence or was allegedly used by the person in the commission of the alleged offence.\n\t(3)\tA person in relation to whom an interim order under this section is in force must comply with the order.\n51—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(a)\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 authorised officer), either until further order or for the period specified in the order;\n\t(b)\tan order directing the person to surrender an animal that is owned by the person and is the subject of the offence to an authorised officer;\n\t(c)\tan order directing the person to surrender any other specified animal owned by the person to an authorised officer;\n\t(d)\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(e)\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(f)\tan order forfeiting to the Crown a thing 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;\nSee also section 38(2)(b).\n\t(g)\tan order requiring the person to pay the Minister the amount of any costs incurred in taking action under this Act.\n\t(2)\tA court must, at the request of the prosecution, on finding a person guilty of an offence against section 7(1) or (2), make an 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(3)\tA person in relation to whom an order under this section is in force must comply with the order.\n\t(4)\tThe Minister may sell, rehome, destroy or otherwise dispose of an animal or thing that has been forfeited to the Crown.\n52—Compensation and other costs—working animals\n\t(1)\tA court may, on application by the prosecutor or on the court's own initiative, make an order requiring a person found guilty of an offence against section 8 to pay 1 or more of the following amounts:\n\t(a)\tan amount by way of compensation for veterinary and other expenses reasonably incurred in treating the working animal to which the offence relates;\n\t(b)\tan amount for reasonable rehabilitation or retraining of the working animal to which the offence relates, having regard to the primary function of the working animal;\n\t(c)\tif the working animal to which the offence relates is permanently unable to perform its primary function as a result of the offence—an amount equal to the actual or expected costs of replacing the working animal with one of similar abilities and training;\n\t(d)\tif the working animal to which the offence relates is permanently unable to perform its primary function as a result of the offence—an amount equal to the actual or expected costs of retiring the working animal (including, but not limited to, the costs of relocating and rehousing the animal, and retraining the animal to ensure it is adapted to life other than as a working animal);\n\t(e)\tany other amount the court thinks appropriate in the circumstances.\n\t(2)\tA court must, if it does not make an order under this section, give its reasons for not doing so.\n\t(3)\tCompensation under this section will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the person against whom the order is made.\n\t(4)\tCompensation may be ordered under this section in relation to an offence despite the fact that compensation may be ordered under some other statutory provision that relates more specifically to the offence or proceedings in respect of the offence.\n\t(5)\tThe amount paid to a person pursuant to an order under this section must be taken into consideration by a court or any other body in awarding compensation for the relevant loss or damage under any other Act or law.\n\t(6)\tAn order under this section—\n\t(a)\twill, for the purposes of the Sentencing Act 2017, be taken to be a pecuniary sum (within the meaning of that Act); and\n\t(b)\tmay be enforced as if it were a compensation order made under section 124 of that Act.\n","sortOrder":7},{"sectionNumber":"Div 5","sectionType":"division","heading":"Miscellaneous","content":"Division 5—Miscellaneous\n53—Warrant procedures\n\t(1)\tThe Magistrates Court 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 the Court, electronically or by telephone.\n\t(3)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(4)\tIf an application for a warrant is made electronically, 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 by an affidavit made by the applicant verifying the facts referred to in the application;\n\t(c)\tthe applicant must be available to address the Court by telephone or electronic means determined by the Court;\n\t(d)\tthe Court is entitled to assume, without further inquiry, that a person who identifies themself as the applicant acting in the capacity of an authorised officer during a conversation with the Court by telephone or electronic means is indeed the applicant acting in that capacity;\n\t(e)\tthe Court 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 on behalf of the Court;\n\t(g)\tthe Court must forward the warrant to the applicant by electronic means.\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 Court of the applicant's name and identify themself as an authorised officer and the Court, on receiving that information, is entitled to assume its accuracy without further inquiry;\n\t(b)\tthe applicant must inform the Court 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 Court 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 Court 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 Court may then issue a warrant;\n\t(e)\tthe warrant is to be taken to have been issued, and comes into force, when signed on behalf of the Court;\n\t(f)\tthe Court 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 who issued the warrant 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 Court 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.\n54—Self‑incrimination\n\t(1)\tIt is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a document or information as required under this Act on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.\n\t(2)\tHowever, if compliance by an individual with a requirement under this Act might tend to incriminate the individual or make the individual liable to a penalty, then—\n\t(a)\tin the case of an individual who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or\n\t(b)\tin any other case—the answer given in compliance with the requirement,\nis not admissible in evidence against the individual in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement).\n","sortOrder":8},{"sectionNumber":"Part 6","sectionType":"part","heading":"Reviews","content":"Part 6—Reviews\n55—Reviews by Minister\n\t(1)\tSubject to subsection (5), a person who is aggrieved by a decision of an authorised officer under Part 5 is entitled to apply to the Minister for a review of the decision.\n\t(2)\tAn application for review of a decision must—\n\t(a)\tbe in writing and made in the manner specified by the Minister on a website determined by the Minister; and\n\t(b)\tspecify an email address or other address in Australia to which notices or other documents under this Act should be sent; and\n\t(c)\tbe made within 30 days after the day on which notice of the decision was given to the applicant or within such further time as the Minister may allow.\n\t(3)\tOn an application for review under this section, the Minister may confirm, vary or reverse the decision under review.\n\t(4)\tThe making of an application for review of a decision under this section does not affect the operation of the decision or prevent the taking of action to implement the decision.\n\t(5)\tThe regulations may prescribe classes of decisions to which this section does not apply.\n56—Reviews by SACAT\n\t(1)\tSubject to subsection (5), SACAT is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a decision of the Minister under this Act.\n\t(2)\tAn application for review may be made to SACAT—\n\t(a)\tin relation to a decision of the Minister—\n\t(i)\tto confirm the decision of an authorised officer to issue a seizure notice under section 46; or\n\t(ii)\tto issue a forfeiture notice under section 47; or\n\t(iii)\tto sell, rehome or destroy (or arrange for the destruction of) a seized animal under section 48,\nwithin 14 days after the making of the relevant decision; or\n\t(b)\tin any other case—subject to subsection (4), within 30 days after the making of the relevant decision (or such longer period as SACAT may allow).\n\t(3)\tThe Minister must, if so required by any person affected by a decision, state in writing the reasons for that decision.\n\t(4)\tIf the reasons of the Minister were not given in writing at the time of making a decision and a person affected by the decision requires (within 30 days of the making of the decision) the Minister to state the reasons in writing, the time for making the application for review to SACAT runs from the time at which the person receives the written statement of those reasons.\n\t(5)\tThe regulations may prescribe classes of decisions to which this section does not apply.\n\t(6)\tIn this section—\nforfeiture notice has the same meaning as in section 47;\nseizure notice has the same meaning as in section 46.\n57—Reviews of decisions of animal ethics committees\n\t(1)\tSubject to this section, SACAT is, by force of this section, conferred with jurisdiction to deal with matters consisting of the review of a decision of an animal ethics committee under Part 4.\n\t(2)\tAn application for review may be made to SACAT within 30 days after the making of the relevant decision (or such longer period as SACAT may allow).\n\t(3)\tBefore SACAT makes a decision on the review, a prescribed committee (if any) must investigate the decision under review and furnish SACAT with a report on its investigations for consideration by SACAT.\n","sortOrder":9},{"sectionNumber":"Part 7","sectionType":"part","heading":"Animal Welfare Fund","content":"Part 7—Animal Welfare Fund\n58—Animal Welfare Fund\n\t(1)\tThe Animal Welfare Fund is established.\n\t(2)\tThe Fund will consist of—\n\t(a)\tfees paid for licences, permits and registrations under Part 4; and\n\t(b)\tpenalties paid in respect of offences against this Act; and\n\t(c)\texpiation fees paid under this Act; and\n\t(d)\tany money—\n\t(i)\tforfeited to the Minister or the Crown under this Act; or\n\t(ii)\treceived from the sale of a thing that is forfeited to the Minister or the Crown under this Act; and\n\t(e)\tany costs recovered under section 51; and\n\t(f)\tincome and accretions from investment of money from the Fund; and\n\t(g)\tany other money required to be paid into the Fund under this or any other Act.\n\t(3)\tAny money in the Fund that is not for the time being required for the purposes of the Fund may be invested by the Minister in any manner that the Minister thinks fit.\n\t(4)\tThe Minister may apply any portion of the Fund towards—\n\t(a)\tpaying any costs or expenses incurred in the administration or enforcement of this Act; and\n\t(b)\tthe promotion of research into the welfare of animals (including wildlife); and\n\t(c)\tfunding education programs relating to the protection of animal welfare and the prevention of harm to animals; and\n\t(d)\tfunding other programs, or achieving other outcomes, prescribed by the regulations; and\n\t(e)\tproviding for any matter that, in the opinion of the Minister, advances the objects of this Act.\n","sortOrder":10},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n59—Registration of interstate orders\n\t(1)\tThe Minister may register an interstate order. \n\t(2)\tOn registering an interstate order under this section, the Minister must ensure that any details specified in the regulations relating to the registration of interstate orders under this section are recorded on the copy or extract of the order and in the Register (as the case requires).\n\t(3)\tAs soon as possible after registering an interstate order, the Minister must ensure that a notice is served on the person who is the subject of the order.\n\t(4)\tThe notice must inform the person—\n\t(a)\tthat the relevant interstate order has been registered under this section; and\n\t(b)\tthat the registration of the order does not take effect until 14 days after the notice is served on the person; and\n\t(c)\tthat from the time the registration takes effect, a contravention of the order in South Australia is an offence.\n\t(5)\tThe registration of an interstate order registered under this section takes effect 14 days after notice is served in accordance with subsection (4) on the person to whom the order relates.\n\t(6)\tA person who is the subject of an interstate order that is registered under this section must comply with the order.\n\t(7)\tSubsection (6) applies even if the order is varied after it is registered.\n\t(8)\tHowever, if an interstate order is varied after it is registered to create a new obligation on the person to whom the order relates, proceedings against the person in respect of a contravention of that obligation must not be started unless the person had notice of the obligation before the contravention occurred.\n\t(9)\tIn proceedings for an alleged offence against subsection (6)—\n\t(a)\tproduction of a certificate apparently signed by the Minister stating that an interstate order was registered on a specified date is proof, in the absence of proof to the contrary, of the registration under this section of the order; and\n\t(b)\tproduction of a certificate apparently signed by the interstate Minister setting out the terms of the interstate order at a particular date is proof, in the absence of proof to the contrary, of the terms of the order on that date.\n\t(10)\tIn this section—\ncorresponding law means a provision of a law of another State or a Territory prescribed by the regulations as a corresponding law for the purposes of this section;\ninterstate order means a court order made under a corresponding law;\nRegister means a register kept for the purposes of this section.\n60—Arrangements for exchange of information etc\n\t(1)\tThe Minister may enter into arrangements with a Minister responsible for the administration of a relevant law for—\n\t(a)\tthe exercise of powers under this Act for the purposes of the relevant law; and\n\t(b)\tthe provision of information for the purposes of the relevant law; and\n\t(c)\tany other matters that the Minister considers consistent with the objects of this Act.\n\t(2)\tIf the Minister is responsible for the administration of a relevant law, the Minister may determine arrangements for the matters referred to in paragraphs (a), (b) and (c) of subsection (1).\n\t(3)\tArrangements under this section have effect according to their terms (and operate despite any other Act or law).\nrelevant law means an Act or law of this State, or of another State or a Territory, relating to or otherwise affecting animal welfare or the control or management of animals or providing for—\n\t(a)\tthe enforcement of such Acts or laws; or\n\t(b)\tconfiscation of proceeds or instruments of offences under such Acts or laws; or\n\t(c)\tdealing with animals or things seized or forfeited under such Acts or laws.\n61—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.\n62—Exemptions\n\t(1)\tThe Minister may, in accordance with this section, exempt a specified person, or a specified class of persons, from the operation of a provision or provisions of this Act.\n\t(2)\tAn exemption under this section—\n\t(a)\tif limited in its application to a specified person—must be by notice in writing to that person; or\n\t(b)\tif applying to a specified class of persons, may be—\n\t(i)\tby notice in the Gazette; or\n\t(ii)\tby notice in writing to each person of that class.\n\t(3)\tAn exemption may be conditional or unconditional.\n\t(4)\tThe Minister may, by notice in writing or in the Gazette (as the case requires), vary or revoke an exemption for any reason the Minister thinks fit.\n\t(5)\tA person must not contravene a condition of an exemption.\n\t(6)\tIf a person contravenes a condition of an exemption, the exemption does not, while the contravention continues, operate in that person's favour.\n63—Waiver, reduction or refund of fees\nThe Minister may waive, reduce or refund a fee (or part of a fee) prescribed for the purposes of this Act if satisfied that it is appropriate to do so in a particular case.\n64—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.\n65—Power of veterinarians to destroy animals\nA veterinarian 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.\n66—Power to provide food etc to neglected animals\nIf 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 authorised officer, enter premises for the purpose of providing the animal with food and water.\n67—Service of notices and documents\n\t(1)\tA notice or document required or authorised to be given to, or served on, a person under this Act may be given or served—\n\t(a)\tpersonally; or\n\t(b)\tby leaving it at, or posting it to—\n\t(i)\tthe physical address designated by the person for the service of notices or documents of that kind; or\n\t(ii)\tif such an address is not so designated, the last known place of residence or a place of business of the person; or\n\t(c)\tby sending the notice or document to an email address known to be used by the person (in which case the notice or document will be taken to have been given or served at the time of transmission); or\n\t(d)\tif the whereabouts of the person to whom the notice is to be given or served are unknown—\n\t(i)\tby affixing the notice or document in a prominent position on premises to which it relates; or\n\t(ii)\tby publishing the notice or document in a newspaper circulating generally throughout the State; or\n\t(e)\tin such other manner as may be prescribed by the regulations.\n\t(2)\tThe provisions of this section are in addition to, and do not limit or exclude, the provision of any other law with respect to the service of notices or documents.\n68—Proceedings for summary offences\nProceedings for a summary offence against this Act must be commenced—\n\t(a)\tin the case of an expiable offence—within 2 years after the day on which the offence is alleged to have been committed; or\n\t(b)\tin any other case—within 5 years after the day on which the offence is alleged to have been committed.\n69—Proceedings for indictable offences\nAn indictable offence against this Act must be prosecuted, and dealt with by the Magistrates Court, as a summary offence but if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 5 years, the Court must commit the person to the District Court for sentence.\n70—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of an offence against Part 2 (or an offence against section 72 that relates to such an 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 they 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)\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.\n71—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 one‑tenth of the maximum penalty prescribed for that offence.\n\t(2)\tIf 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.\n72—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 the offence.\n73—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 authorised officer under this Act; or\n\t(c)\ta delegation under this Act; or\n\t(d)\tan application under this Act; or\n\t(e)\tthe receipt or non‑receipt of information under this Act; or\n\t(f)\tarrangements under section 60,\nconstitutes 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.\n\t(3)\tIn any proceedings for an offence against section 8, an apparently genuine document—\n\t(a)\tpurporting to be signed by the Commissioner of Police and to certify that an animal specified in the certificate has completed the training specified in the certificate; or\n\t(b)\tpurporting to be signed by the Dog and Cat Management Board and to certify that a dog specified in the certificate was accredited as an assistance dog under the Dog and Cat Management Act 1995; or\n\t(c)\tpurporting to be signed by a person or body that accredits animals as contemplated by section 9(2) of the Disability Discrimination Act 1992 of the Commonwealth and to certify that an animal specified in the certificate was the subject of a specified accreditation,\nwill, in the absence of proof to the contrary, be proof of the matters so certified.\n74—Codes\n\t(1)\tA copy of the Code must be available for inspection on or through a website determined by the Minister.\n\t(2)\tEvidence of the contents of any code incorporated into or referred to by this Act 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.\n75—Act does not render unlawful practices that are in accordance with prescribed code of practice\nNothing in this Act renders unlawful anything done in accordance with a prescribed code of practice relating to animals.\n76—Reports in respect of alleged contraventions\n\t(1)\tIf a person reports to an authorised officer an alleged contravention of this Act, the authorised officer 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.\n\t(2)\tThis section does not apply to a report made under section 13.\n77—Obstruction of report of alleged contraventions\nA person must not, without reasonable excuse—\n\t(a)\tprevent another person from reporting to an authorised officer an alleged contravention of this Act; or\n\t(b)\thinder or obstruct another person in making such a report.\n\t(a)\tin the case of a body corporate—$250 000;\n\t(b)\tin the case of an individual—$50 000.\n78—Victimisation\n\t(1)\tA person commits an act of victimisation against another person (the victim) if the person 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, the victim cannot subsequently lodge a complaint under the Equal Opportunity Act 1984 and, conversely, if the victim lodges a complaint under that Act, the victim cannot subsequently commence proceedings in a court seeking a remedy in tort.\n\t(3)\tIf 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.\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.\n79—Regulations and fee notices\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tthe exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and\n\t(b)\tfees in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(c)\tfines, not exceeding $10 000, for offences against the regulations; and\n\t(d)\texpiation fees, not exceeding $750, for alleged offences against the regulations; and\n\t(e)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of a specified entity; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified entity.\n\t(4)\tA regulation may only be made for the purposes of a prescribed provision of this Act after the Minister has undertaken consultation, in any manner determined by the Minister, with persons or bodies that the Minister considers likely to be affected by the making of the proposed regulation.\n\t(5)\tThe Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019.\n\t(6)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\n\t(7)\tIn this section—\nprescribed provision means any of the following:\n\t(a)\tthe definition of animal in section 3;\n\t(b)\tsection 9(5)(f);\n\t(c)\tsection 10(2)(e);\n\t(d)\tsection 17(3)(c);\n\t(e)\tsection 27(2)(b).\n80—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted, and a report on the review to be prepared and submitted to the Minister, after this Act has been in operation for a period of 5 years.\n\t(2)\tThe Minister must cause a copy of a report submitted under subsection (1) to be laid before both Houses of Parliament within 12 sitting days after receiving the report.\nSchedule 1—Related amendments and repeals\nPart 1—Amendment of Criminal Law Consolidation Act 1935\n1—Amendment of section 20AA—Causing harm to, or assaulting, certain emergency workers etc\nSection 20AA(9), definition of prescribed emergency worker, (k)—delete \"inspector within the meaning of the Animal Welfare Act 1985\" and substitute:\nauthorised officer within the meaning of the Animal Welfare Act 2025\n2—Repeal of Part 3C\nPart 3C—delete the Part\nPart 2—Amendment of Dog and Cat Management Act 1995\n3—Amendment of section 59D—Power to destroy dogs\nSection 59D(3)—delete \"section 34B of the Animal Welfare Act 1985\" and substitute:\nsection 65 of the Animal Welfare Act 2025\n4—Amendment of section 60—Power to seize and detain dogs\nSection 60(4)—delete \"inspector under the Animal Welfare Act 1985\" and substitute:\n5—Amendment of section 63—Power to destroy cats\n\t(1)\tSection 63(1)(d)(iii)—delete \"inspector under the Animal Welfare Act 1985\" and substitute:\n\t(2)\tSection 63(3)—delete \"section 34B of the Animal Welfare Act 1985\" and substitute:\nsection 65 of the Animal Welfare Act 2025\n6—Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part\nSection 64D(3), definition of prescribed person, (e)—delete \"inspector under the Animal Welfare Act 1985\" and substitute:\nPart 3—Amendment of Sentencing Act 2017\n7—Insertion of section 26A\nAfter section 26 insert:\n26A—Additional orders for offences involving animals\nA court may, on finding a person guilty of an offence involving animals or on sentencing a person for an offence involving animals, make any order it thinks fit under section 51 of the Animal Welfare Act 2025.\n","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Amendment of Veterinary Services Act 2023","content":"Part 4—Amendment of Veterinary Services Act 2023\n8—Amendment of section 50—Veterinary services must be provided at registered premises\nSection 50(2)(e)—delete \"teaching any science or research or experimentation pursuant to a licence under Part 4 of the Animal Welfare Act 1985\" and substitute:\nan activity undertaken for scientific purposes pursuant to a licence under Part 4 of the Animal Welfare Act 2025\n9—Amendment of section 51—Offence to carry on certain businesses other than at registered premises\nSection 51(3)(b)—delete \"teaching any science or research or experimentation pursuant to a licence under Part 4 of the Animal Welfare Act 1985\" and substitute:\nan activity undertaken for scientific purposes pursuant to a licence under Part 4 of the Animal Welfare Act 2025\n","sortOrder":12},{"sectionNumber":"Part 5","sectionType":"part","heading":"Repeal of Animal Welfare Act 1985","content":"Part 5—Repeal of Animal Welfare Act 1985\n10—Repeal of Act and regulations\nThe Animal Welfare Act 1985, and all regulations under that Act, are repealed.\nLegislative history\nNotes\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.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\nAnimal Welfare Act 2025 \n27.2.2025\nuncommenced\n","sortOrder":13}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":686},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose of protecting animal welfare and preventing harm. While comprehensive, it does not appear to have expanded beyond its core animal welfare mandate into unrelated areas."},"complexity_factors":["80 sections across 8 Parts plus Schedule of amendments","Multiple overlapping offence tiers with different mental states (intent, recklessness, negligence)","Extensive cross-referencing to other Acts (Criminal Law Consolidation, Dog and Cat Management, Sentencing, Veterinary Services)","Nested conditional logic in enforcement powers (seizure, forfeiture, destruction each with different thresholds)","Three separate regulatory schemes: licences, permits, and registered activities with different conditions and penalties","Detailed warrant procedures with electronic/telephone applications","Multiple review pathways: Minister review, SACAT review, and animal ethics committee reviews","Incorporation of external Code (NHMRC Australian code) by reference","Vicarious liability provisions for employers and corporate officers","Prescribed consultation requirements before certain regulations can be made"],"plain_english_summary":"This is South Australia's new **Animal Welfare Act 2025**, which replaces the 1985 Act and significantly strengthens protections for animals.\n\n**What it does:**\n\n- **Establishes a legal duty of care** — animal owners must provide adequate food, water, living conditions and take reasonable steps to prevent harm. Breaking this can cost individuals up to $50,000 or companies up to $250,000.\n\n- **Creates serious criminal offences** for animal cruelty, with penalties up to $1 million for companies and 10 years prison for individuals in the worst cases (intentionally causing death or serious harm). There are three tiers of offences based on intent and outcome.\n\n- **Protects working animals** — police dogs, police horses, correctional services dogs and accredited assistance dogs get special protection. Intentionally harming them carries up to $500,000 fines or 10 years prison, with limited defences.\n\n- **Bans specific activities** — organised animal fights, live baiting, jumps racing, and possessing cock-fighting spurs or other items used for animal fighting. Greyhound racing employees must report suspected animal welfare offences.\n\n- **Regulates scientific use of animals** — anyone breeding, supplying or using animals for scientific purposes needs a licence. Animal ethics committees must approve these activities and ensure humane treatment.\n\n- **Gives enforcement officers strong powers** — authorised officers can enter premises, seize animals, issue welfare notices, and even destroy animals in urgent cases. They can also make enforceable undertakings with offenders.\n\n- **Allows courts to make protection orders** — including banning people from owning animals, ordering them to surrender animals, or paying compensation for working animals harmed or killed.\n\n- **Creates an Animal Welfare Fund** — funded by fees, penalties and forfeitures, used for enforcement, research and education.\n\n- **Updates related laws** — amends the Criminal Law Consolidation Act, Dog and Cat Management Act, Sentencing Act and Veterinary Services Act to work with the new system.\n\n**Who it affects:** Pet owners, farmers, researchers, greyhound racing industry, police, veterinarians, and anyone involved with animals commercially or scientifically."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act materially expands the regulatory scope compared with the older Animal Welfare Act 1985 (now repealed). Key expansions include: (a) a broad statutory general duty of care with high maximum penalties (section 6); (b) formal licensing, permitting and registration regimes targeted at animals used for scientific purposes and associated animal ethics committees (Part 4, sections 17–33); (c) strengthened investigatory and seizure powers for authorised officers including urgent entry, seizure and destruction powers (Part 5, sections 35–45); (d) new offences and specific prohibitions (e.g. possession bans, electrical device restrictions, prohibition of jumps racing) with significant penalties (sections 9–12); (e) direct reporting duties placed on employees/volunteers of prescribed greyhound racing entities (section 13); and (f) creation of an Animal Welfare Fund to centralise revenues from fees, fines and forfeitures (section 58). The Act also consolidates ministerial discretion and regulatory delegation (sections 61–63, 79), moving many operational details into subordinate instruments and increasing executive control over implementation."},"complexity_factors":["Lengthy multi‑part structure: 8 Parts plus Schedule and many subdivisions (Parts 1–8, Schedule 1).","Large number of defined terms and cross‑definitions in the Interpretation section (section 3) including multi‑paragraph definitions (e.g. \"animal\", \"scientific purposes\", \"serious harm\", \"working animal\").","Multiple regulatory hooks and delegated powers: numerous matters deferred to regulations or codes (see sections 3, 21(6), 74–79) creating reliance on subordinate instruments for operational detail.","Tiered offence structure with many conditional defences and evidentiary rules (sections 6–9, especially section 7 with intent/recklessness tiers and section 8 defences/exceptions).","Complex licensing, permit and registration regimes with classes, conditions, responsible person nomination, renewal rules and distinct penalties (Part 4, sections 17–34).","Broad enforcement powers and exceptions: authorised officer powers (section 37) combined with special animal powers (section 45), seizure/forfeiture rules (sections 46–48) and cost recovery (section 49) create many procedural branches.","Vicarious and derivative liability provisions that attach liability to corporate officers, responsible persons and employers with different standards (sections 20, 70–72).","Dual administrative review routes and time limits (Ministerial review, section 55; SACAT review, section 56; special short timelines for seizure/forfeiture decisions: 14 days in some cases).","Extensive cross‑referencing to other Acts and amendments to other legislation (Schedule 1: Criminal Law Consolidation Act, Dog and Cat Management Act, Sentencing Act, Veterinary Services Act).","Multiple discretion points where the Minister sets conditions, exemptions, appoints committees and spends the Fund (sections 15, 21, 24, 58, 61–63) increasing interpretative complexity."],"plain_english_summary":"**What this Act does (mechanically)\n\n- Replaces the old Animal Welfare Act 1985 and creates a single, modern statutory framework for animal welfare in South Australia (see front matter and Schedule 1, Part 5).\n- Establishes a statutory \"general duty of care\" on animal owners to provide adequate food, water and living conditions and to take reasonable steps to prevent or minimise harm (section 6).\n- Creates tiered criminal offences for ill treatment of animals with escalating penalties depending on intent or recklessness, and provides detailed examples of what counts as \"ill treatment\" (section 7).\n- Introduces a specific offence for intentionally causing death or serious harm to \"working animals\" (police dogs/horses, correctional services dogs, accredited assistance dogs) with its own defences and evidentiary rules (section 8).\n- Lists \"prohibited activities\" such as organised animal fights and live baiting, and makes presence at such activities a separate offence (section 9). It also prohibits possession of instruments intended for fighting or live baiting unless the Minister approves (section 10).\n- Prohibits certain uses of electrical devices on animals except as allowed by regulation (section 11) and bans jumps horse racing (section 12).\n- Imposes a reporting duty on employees/volunteers of prescribed greyhound racing entities to report reasonable suspicions of offences to the Minister (section 13).\n- Creates licensing, permit and registration regimes for prescribed activities, with particular focus on animals used or bred for scientific purposes. Licences and registrations have conditions, renewal rules and nominated \"responsible person\" liability (Part 4, sections 17–34).\n- Requires establishment and operation of animal ethics committees for scientific uses in accordance with the Australian Code for the Care and Use of Animals for Scientific Purposes (\"the Code\") and gives the Minister oversight powers (sections 21, 26–33).\n- Sets out enforcement powers: appointment and identification of authorised officers (sections 35–36); broad powers to enter, search, seize, require documents or answers and mark animals (section 37); routine inspection rules (section 39); and notices to improve welfare or to comply (sections 40–41).\n- Enables enforceable undertakings with the Minister (section 43) and special powers to treat, seize or, in narrow circumstances, destroy animals where necessary to prevent suffering (section 45).\n- Provides for seizure and forfeiture where owners fail to comply with notices or undertakings, and for how seized animals are to be dealt with, sold, rehoused or destroyed (sections 46–48). Costs incurred by the Crown or others may be recovered from owners (section 49).\n- Gives courts a range of interim and final orders in proceedings (including forbidding acquisition of animals, surrendering animals, and ordering costs or compensation for working animals) (sections 50–52).\n- Establishes administrative review routes: review by the Minister of authorised officer decisions (section 55), review by SACAT of Minister decisions in specified circumstances and of animal ethics committee decisions (sections 56–57).\n- Creates an Animal Welfare Fund to collect licence/permit fees, penalties, forfeitures and related monies and authorises the Minister to spend the Fund on enforcement, education and research consistent with the Act's objects (section 58).\n- Gives the Minister broad delegated powers (delegation, exemptions, regulation‑making, appointment and conditions for authorised officers) and powers to make regulations and incorporate codes (sections 61–63, 74–79). The Minister may also suspend or remove committee members and determine committee procedure (section 15).\n\n**Who is affected\n\n- Individual animal owners and bodies corporate that own, keep, breed, trade or use animals (owners include anyone with custody, care or control) (definition of \"owner\", section 3).\n- People and organisations using animals for scientific purposes (licence and registration regimes, Part 4, sections 17–33, and the Code incorporation, section 74).\n- Veterinary practitioners (powers to destroy in certain circumstances, section 65) and those providing veterinary services (amendments in Schedule 1, Part 4).\n- Greyhound racing entities and their employees/volunteers where \"prescribed greyhound racing entity\" is captured by regulation (section 13).\n- Employers, governing body members and nominated \"responsible persons\" who may face vicarious or derivative criminal liability if offences occur (sections 20, 70–72).\n- The Minister, authorised officers and courts/SACAT (decision‑makers for licensing, enforcement, review and disposition of seized animals).\n\n**Why it matters (official purpose and practical consequences)\n\n- Officially the Act is designed \"to protect the welfare of animals\" and to take a proactive approach to preventing harm, increase community awareness of animal ownership responsibilities, and ensure the Minister gets appropriate advice on animal welfare (section 5).\n- Mechanically, the Act expands regulatory reach beyond the old 1985 Act by: (a) creating a statutory general duty of care with high maximum penalties (section 6); (b) establishing licensing, permitting and registration regimes for scientific use and ethics oversight (Part 4); (c) granting authorised officers broad investigatory and seizure powers (Part 5); and (d) centralising enforcement and decision‑making in the Minister with judicial and administrative review routes (sections 55–57).\n\n**Costs, incentives and trade‑offs (mechanisms, not judgement)\n\n- Compliance costs and administrative burden: regulated parties (research institutions, breeders, commercial operators, racing bodies) face licensing, permit or registration application fees, reporting, record‑keeping and potential renewal costs (sections 19, 22, 25, 29, 32; Animal Welfare Fund funding sources, section 58).\n- Enforcement and sanction incentives: high maximum fines and imprisonment terms for serious offences (sections 6–11, 12) increase the legal and financial risk of non‑compliance for individuals and corporations. Courts can also make orders restricting future custody of animals (sections 50–51) and order costs or compensation (section 52).\n- Shifts in private behaviour: the licensing/registration and ethics committee requirements (sections 17–33) create incentives for institutions to seek approval and to keep detailed records and annual reports. Individuals working for prescribed industries (e.g. greyhound racing) have reporting obligations that change internal compliance and whistleblower incentives (section 13).\n- Enforcement discretion and concentration of decision power: many operational choices are left to the Minister (grant/refuse licences, impose conditions, exemptions, delegation, preserve and spend the Fund) and to authorised officers (entry, seizure, welfare notices) (sections 19, 21, 24, 35, 37, 43, 61–63, 58). That allocates significant practical control to the executive branch and its appointees.\n- Recovery of costs and financial exposure: the Crown (or private persons) may recover costs reasonably incurred in enforcement or care of seized animals from owners (section 49), and proceeds from forfeiture/sales feed the Animal Welfare Fund (sections 48, 58), creating a financial link between enforcement outcomes and funding.\n- Interaction with other laws and cross‑jurisdictional effects: the Act amends several other Acts and creates procedures for registering interstate orders (Schedule 1; section 59). Regulatory instruments and codes referenced by the Act will determine detailed practical rules (sections 74–79).\n\n**Implementation risks and checks\n\n- Implementation levers that shape outcomes: delegated regulation‑making power is wide (section 79), the Code and regulations can define many practical boundaries (sections 3, 21, 74, 79), and the Minister controls committee appointments and many administrative decisions (section 15). These levers mean much substantive detail will land in subordinate instruments rather than the primary Act.\n- Administrative and legal checks: affected persons have two internal review routes—Ministerial review of authorised officer decisions (section 55) and SACAT review of certain Minister or committee decisions (sections 56–57). Courts retain sentencing and order‑making powers in prosecutions (Part 5 Division 4).\n- Potential behavioural displacement: where activities become onerous or prohibited within South Australia (for example, certain animal research practices, live baiting, jumps racing), affected parties may relocate activities interstate or change practices (section 9, section 12). The Act provides for registration of interstate orders to address cross‑jurisdiction issues (section 59).\n\n**Who pays and who decides (summary)\n\n- Who pays: primarily owners/licensees/permit holders (fees, fines, costs recovery under sections 19, 58, 49, 51); people convicted of offences (fines, imprisonment, court‑ordered compensation under sections 7, 8, 52); and potentially businesses (vicarious liability, section 72; governing body members, section 70).\n- Who decides: the Minister (licences, permits, exemptions, committee appointments, spending the Fund—sections 19, 24, 61–63, 15, 58), authorised officers (operational enforcement including entry, seizure, welfare notices—sections 35–37, 40–45), courts and SACAT (judicial orders, reviews and final determinations—sections 50–56).\n\n**Practical points to watch (implementation details that will matter)\n\n- The regulations and codes will define many terms and specific exemptions (sections 3, 11, 21(6), 79), so look to subordinate instruments for operational detail.\n- The nominated \"responsible person\" rules (sections 20 and 30) create individual accountability inside organisations that hold licences or registrations.\n- The Act sets relatively short statutory time limits for review applications in certain seizure/forfeiture contexts (14 days for some Minister decisions, section 56), which affects immediate litigation strategy.\n- The built‑in 5‑year statutory review of the Act (section 80) requires the Minister to assess how the law is operating after a period in force.\n\nSources: key clauses cited above are sections 3, 5–13, 17–34, 35–49, 50–58, 61–66, 70–79, Schedule 1.\n"},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was provided. The document supplied is a website error page, not the Animal Welfare Act 2025 (SA)."},"complexity_factors":["No legislative text was retrievable — the source returned a website error page, not actual legislation","Complexity cannot be meaningfully assessed without substantive content","Score of 1 reflects absence of analysable material, not simplicity of any underlying law"],"plain_english_summary":"**No legislation could be analysed.**\n\nThe link provided did not return the text of the *Animal Welfare Act 2025* (SA). Instead, it returned a **404 'Page Not Found' error** from the South Australian legislation website. This means the actual content of the Act — its rules, obligations, and who it affects — is not available in the material provided.\n\n**What this means for you:** No reliable summary of this law can be produced from the content supplied. If you need to understand this Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Checking whether the Act has been formally passed and published\n- Emailing the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au if you believe a link is broken"}},"importantCases":[],"_links":{"self":"/api/acts/animal-welfare-act-2025","history":"/api/acts/animal-welfare-act-2025/history","analysis":"/api/acts/animal-welfare-act-2025/analysis","conflicts":"/api/acts/animal-welfare-act-2025/conflicts","importantCases":"/api/acts/animal-welfare-act-2025/important-cases","documents":"/api/acts/animal-welfare-act-2025/documents"}}