Part 2Animal welfare offences

Part 2—Animal welfare offences 6—General duty of care (1) The owner of an animal must provide the animal with appropriate and adequate food, water and living conditions (whether temporary or permanent). (2) The owner of an animal must take all reasonable and practicable measures to prevent or minimise harm to the animal. (3) The 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. (4) It 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. 7—Ill treatment of animals etc (1) If— (a) a person ill treats an animal; and (b) the ill treatment causes the death of, or serious harm to, the animal; and (c) the person intends to cause the death of, or serious harm to, the animal, the person is guilty of an offence. (2) If— (a) a person ill treats an animal; and (b) the ill treatment causes the death of, or serious harm to, the animal; and (c) the person is reckless about causing the death of, or serious harm to, the animal, the person is guilty of an offence. (a) in the case of a body corporate—$750 000; (b) in the case of an individual—$175 000 or imprisonment for 7 years. (3) A person who ill treats an animal is guilty of an offence. (4) Without limiting the generality of subsection (1), (2) or (3), a person ill treats an animal if the person— (a) intentionally, unreasonably or recklessly causes the animal unnecessary harm; or (b) being the owner of the animal— (i) fails to take reasonable steps to mitigate harm suffered by the animal; or (ii) abandons the animal; or (iii) causes 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 (c) having 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 (d) causes the animal to be killed or injured by another animal; or (e) kills the animal in a manner that causes the animal unnecessary pain; or (f) unless the animal is unconscious, kills the animal by a method that does not cause death to occur as rapidly as possible; or (g) carries out a medical or surgical procedure on the animal in contravention of the regulations; or (h) ill treats the animal in any other manner prescribed by the regulations for the purposes of this section. (5) A 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. (6) A 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. (7) It 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. (8) For 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— (a) deliberately abandoning the animal at a place; or (b) intentionally allowing the animal to escape; or (c) inappropriately releasing the animal into the wild. (9) In this section— cause—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. 8—Causing death or serious harm etc to working animals (1) A person who, by an intentional act, causes the death of, or serious harm to, a working animal is guilty of an offence. Maximum penalty: $500 000 or imprisonment for 10 years. (2) Subsection (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: (a) where the death or serious harm is caused in the course of the provision of veterinary treatment to the working animal; (b) where the death occurs under section 65; (c) where 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; (d) where the death or serious harm occurs in the course of training the animal to perform its working function; (e) where the death or serious harm occurs pursuant to an order under section 50 of the Dog and Cat Management Act 1995; (f) where the death occurs under section 63 of the Dog and Cat Management Act 1995; (g) any other circumstances prescribed by the regulations. (3) In 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. (4) In 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— (a) the working animal the subject of the charge is a police dog, police horse or a correctional services dog; and (b) the death or serious harm occurs in the course of, or is related to— (i) the commission of an offence by the defendant or a person in the company of the defendant; or (ii) the defendant taking steps to avoid being taken into, or to escape from, lawful custody; or (iii) the defendant resisting another who is exercising a power in the course of their official duties or functions. (5) In 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. (6) This section is in addition to, and does not derogate from the other provisions of this Part. (7) In this section— accredited assistance dog means— (a) a dog accredited as an assistance dog under section 21 of the Dog and Cat Management Act 1995; or (b) a 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; cause—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; correctional services dog has the same meaning as in the Correctional Services Act 1982; police dog means a dog (including a drug detection dog within the meaning of the Controlled Substances Act 1984) that— (a) has completed training of a kind approved by the Commissioner of Police; and (b) is used by, or to assist, police officers in the performance of their official duties and functions; police horse means a horse that— (a) has completed training of a kind approved by the Commissioner of Police; and (b) is used by, or to assist, police officers in the performance of their official duties and functions; serious harm, in relation to a working animal, includes harm that results in the animal being unable to satisfactorily perform its working function; See also the definition in section 3. working animal means— (a) a police dog; or (b) a police horse; or (c) a correctional services dog; or (d) an accredited assistance dog; working 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). 9—Prohibited activities (1) A person must not take part in a prohibited activity. (2) A person must not be present in a place at which a prohibited activity is occurring. (3) For 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. (4) In 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. (5) For the purposes of this section, the following are prohibited activities: (a) organised animal fights; (b) live baiting; (c) releasing an animal from captivity for the purpose of it then being hunted or killed (whether by a person or otherwise); (d) selling or supplying an animal to a person for the purpose of the animal being used in an activity referred to in a preceding paragraph; (e) keeping or preparing an animal for the purpose of using the animal in an activity referred to in a preceding paragraph; (f) any 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. (6) For the purposes of this section, a person takes part in a prohibited activity if the person does 1 or more of the following: (a) organises the prohibited activity; (b) promotes the prohibited activity; (c) allows the prohibited activity to occur on premises, or in a place, owned or occupied by the person; (d) knowingly provides an animal or other thing used, or intended for use, in relation to the prohibited activity; (e) undertakes, without lawful excuse, any other activity relating to the prohibited activity. (7) For 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. For example, the skin of an animal which has been processed into a leather product. (8) In this section— live baiting means an activity in which— (a) a 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 (b) the 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, but does not include an activity declared by the regulations to be excluded from the ambit of this definition; organised animal fight means an event in which an animal is encouraged to fight with another animal. 10—Possession of certain items prohibited (1) A person must not, without the approval of the Minister, have in their possession or control a prohibited item. (2) For the purposes of this section, the following are prohibited items: (a) a cock‑fighting spur; (b) an implement, article or other thing made or adapted for attachment to an animal— (i) for the purpose of training the animal to fight another animal; or (ii) for the purpose of inciting or assisting the animal to fight another animal or to inflict injury on another animal during a fight; or (iii) for the purpose of protecting the animal in a fight with another animal; (c) a 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; (d) a 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); (e) any other implement, article or thing prescribed by the regulations (after consultation undertaken in compliance with section 79(4)) to be a prohibited item. (3) For 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. For example, the skin of an animal which has been processed into a leather product. 11—Electrical devices not to be used in contravention of regulations (1) A 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. (2) In this section— electrical device means any of the following devices designed for the purpose of confining or controlling an animal: (a) an electrical prod or goad; (b) a collar designed to impart an electric shock; (c) an electroimmobiliser; (d) any other electrical device prescribed by the regulations; electroimmobiliser means an electrical device designed to temporarily immobilise an animal. 12—Jumps racing prohibited (1) A person must not organise, promote or participate in, or participate in organising or promoting, jumps racing. (2) However, nothing in subsection (1) prevents a person from— (a) organising, promoting or participating in, or participating in organising or promoting, equestrian eventing, show jumping or a cross‑country event; or (b) jumping a horse, or requiring a person to jump a horse, over an obstacle other than in the course of a horse race; or Example— Training or preparation of a horse that includes jumping an obstacle. (c) publishing the field of horses competing in jumps racing held in another State or a Territory, or overseas; or (d) advertising jumps racing held in another State or a Territory, or allowing images or audio of such racing to be shown or heard. jumps racing means a steeplechase or hurdle race involving the racing of horses. 13—Special requirements for greyhound racing entities (1) A person must, if— (a) the person suspects on reasonable grounds that an offence against this Part is being committed; and (b) that suspicion is formed in the course of the person's employment with a prescribed greyhound racing entity, report that suspicion to the Minister in a manner prescribed by the regulations. (2) However, a person need not report a suspicion under subsection (1)— (a) if the person believes on reasonable grounds that another person has reported the matter in accordance with that subsection; or (b) if 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 (c) in any other circumstances prescribed by the regulations for the purposes of this subsection. (3) The 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. (4) For the purposes of this section, a person is an employee of a prescribed greyhound racing entity if the person carries out work— (a) under a contract for services for a prescribed greyhound racing entity; or (b) as a volunteer for a prescribed greyhound racing entity; or (c) of a prescribed kind, or in prescribed circumstances, for a prescribed greyhound racing entity, and a reference to something occurring in the course of the person's employment is to be construed accordingly. (5) In this section— prescribed greyhound racing entity means— (a) Greyhound Racing SA; or (b) any 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). 14—Exemption for fishing activities etc (1) Aquaculture 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). (2) In this section— relevant legislation means— (a) in relation to aquaculture—the Aquaculture Act 2001; and (b) in relation to fishing—the Fisheries Management Act 2007.