Part 8Miscellaneous

Part 8—Miscellaneous 59—Registration of interstate orders (1) The Minister may register an interstate order. (2) On 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). (3) As 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. (4) The notice must inform the person— (a) that the relevant interstate order has been registered under this section; and (b) that the registration of the order does not take effect until 14 days after the notice is served on the person; and (c) that from the time the registration takes effect, a contravention of the order in South Australia is an offence. (5) The 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. (6) A person who is the subject of an interstate order that is registered under this section must comply with the order. (7) Subsection (6) applies even if the order is varied after it is registered. (8) However, 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. (9) In proceedings for an alleged offence against subsection (6)— (a) production 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 (b) production 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. (10) In this section— corresponding 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; interstate order means a court order made under a corresponding law; Register means a register kept for the purposes of this section. 60—Arrangements for exchange of information etc (1) The Minister may enter into arrangements with a Minister responsible for the administration of a relevant law for— (a) the exercise of powers under this Act for the purposes of the relevant law; and (b) the provision of information for the purposes of the relevant law; and (c) any other matters that the Minister considers consistent with the objects of this Act. (2) If 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). (3) Arrangements under this section have effect according to their terms (and operate despite any other Act or law). relevant 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— (a) the enforcement of such Acts or laws; or (b) confiscation of proceeds or instruments of offences under such Acts or laws; or (c) dealing with animals or things seized or forfeited under such Acts or laws. 61—Delegation (1) The 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). (2) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will. 62—Exemptions (1) The 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. (2) An exemption under this section— (a) if limited in its application to a specified person—must be by notice in writing to that person; or (b) if applying to a specified class of persons, may be— (i) by notice in the Gazette; or (ii) by notice in writing to each person of that class. (3) An exemption may be conditional or unconditional. (4) The 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. (5) A person must not contravene a condition of an exemption. (6) If a person contravenes a condition of an exemption, the exemption does not, while the contravention continues, operate in that person's favour. 63—Waiver, reduction or refund of fees The 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. 64—False or misleading statements A 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. 65—Power of veterinarians to destroy animals A 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. 66—Power to provide food etc to neglected animals If 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. 67—Service of notices and documents (1) A notice or document required or authorised to be given to, or served on, a person under this Act may be given or served— (a) personally; or (b) by leaving it at, or posting it to— (i) the physical address designated by the person for the service of notices or documents of that kind; or (ii) if such an address is not so designated, the last known place of residence or a place of business of the person; or (c) by 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 (d) if the whereabouts of the person to whom the notice is to be given or served are unknown— (i) by affixing the notice or document in a prominent position on premises to which it relates; or (ii) by publishing the notice or document in a newspaper circulating generally throughout the State; or (e) in such other manner as may be prescribed by the regulations. (2) The 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. 68—Proceedings for summary offences Proceedings for a summary offence against this Act must be commenced— (a) in the case of an expiable offence—within 2 years after the day on which the offence is alleged to have been committed; or (b) in any other case—within 5 years after the day on which the offence is alleged to have been committed. 69—Proceedings for indictable offences An 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. 70—Offences by bodies corporate (1) If 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. (2) If 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— (a) the member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and (b) the member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and (c) the member failed to exercise due diligence to prevent the commission of the offence. (3) The 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. 71—Continuing offences (1) A person convicted of an offence against any provision of this Act in respect of a continuing act or omission— (a) is 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 (b) is, 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. (2) If 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. 72—Vicarious liability of employers in certain circumstances If 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. 73—Evidence (1) In proceedings, a certificate apparently executed by the Minister certifying as to a matter relating to— (a) a licence, permit, approval, certificate or other authorisation under this Act; or (b) the appointment of an authorised officer under this Act; or (c) a delegation under this Act; or (d) an application under this Act; or (e) the receipt or non‑receipt of information under this Act; or (f) arrangements under section 60, constitutes proof, in the absence of proof to the contrary, of the matters so certified. (2) An allegation in a complaint or an information that— (a) an animal was an animal of a specified species; or (b) a person was the owner of a specified animal, will be accepted as proved in the absence of proof to the contrary. (3) In any proceedings for an offence against section 8, an apparently genuine document— (a) purporting 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 (b) purporting 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 (c) purporting 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, will, in the absence of proof to the contrary, be proof of the matters so certified. 74—Codes (1) A copy of the Code must be available for inspection on or through a website determined by the Minister. (2) Evidence 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. 75—Act does not render unlawful practices that are in accordance with prescribed code of practice Nothing in this Act renders unlawful anything done in accordance with a prescribed code of practice relating to animals. 76—Reports in respect of alleged contraventions (1) If 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. (2) This section does not apply to a report made under section 13. 77—Obstruction of report of alleged contraventions A person must not, without reasonable excuse— (a) prevent another person from reporting to an authorised officer an alleged contravention of this Act; or (b) hinder or obstruct another person in making such a report. (a) in the case of a body corporate—$250 000; (b) in the case of an individual—$50 000. 78—Victimisation (1) A 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— (a) has disclosed or intends to disclose information; or (b) has made or intends to make an allegation, that has given rise, or could give rise, to proceedings against the person under this Act. (2) An act of victimisation under this Act may be dealt with— (a) as a tort; or (b) as if it were an act of victimisation under the Equal Opportunity Act 1984, but, 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. (3) If 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. detriment includes— (a) injury, damage or loss; or (b) intimidation or harassment; or (c) discrimination, disadvantage or adverse treatment in relation to the victim's employment or business; or (d) threats of reprisal. 79—Regulations and fee notices (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may provide for— (a) the exemption of a person, or a class of persons, from the operation of a specified provision or provisions of this Act; and (b) fees in respect of any matter under this Act and their payment, recovery or waiver; and (c) fines, not exceeding $10 000, for offences against the regulations; and (d) expiation fees, not exceeding $750, for alleged offences against the regulations; and (e) facilitation of proof of the commission of offences against the regulations. (3) The regulations may— (a) be of general or limited application; and (b) make different provision according to the matters or circumstances to which they are expressed to apply; and (c) make 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 (d) provide 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 (e) apply 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. (4) A 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. (5) The Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation (Fees) Act 2019. (6) If a code, standard or other document is referred to or incorporated in the regulations— (a) a 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 (b) evidence 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. (7) In this section— prescribed provision means any of the following: (a) the definition of animal in section 3; (b) section 9(5)(f); (c) section 10(2)(e); (d) section 17(3)(c); (e) section 27(2)(b). 80—Review of Act (1) The 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. (2) The 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. Schedule 1—Related amendments and repeals Part 1—Amendment of Criminal Law Consolidation Act 1935 1—Amendment of section 20AA—Causing harm to, or assaulting, certain emergency workers etc Section 20AA(9), definition of prescribed emergency worker, (k)—delete "inspector within the meaning of the Animal Welfare Act 1985" and substitute: authorised officer within the meaning of the Animal Welfare Act 2025 2—Repeal of Part 3C Part 3C—delete the Part Part 2—Amendment of Dog and Cat Management Act 1995 3—Amendment of section 59D—Power to destroy dogs Section 59D(3)—delete "section 34B of the Animal Welfare Act 1985" and substitute: section 65 of the Animal Welfare Act 2025 4—Amendment of section 60—Power to seize and detain dogs Section 60(4)—delete "inspector under the Animal Welfare Act 1985" and substitute: 5—Amendment of section 63—Power to destroy cats (1) Section 63(1)(d)(iii)—delete "inspector under the Animal Welfare Act 1985" and substitute: (2) Section 63(3)—delete "section 34B of the Animal Welfare Act 1985" and substitute: section 65 of the Animal Welfare Act 2025 6—Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part Section 64D(3), definition of prescribed person, (e)—delete "inspector under the Animal Welfare Act 1985" and substitute: Part 3—Amendment of Sentencing Act 2017 7—Insertion of section 26A After section 26 insert: 26A—Additional orders for offences involving animals A 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.