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Digest No. 1775

Animal Welfare Amendment Bill 2010 (2010 No 118-2)

Date of Introduction: 15 February 2010
Portfolio: Agriculture
Select Committee: Primary Production
Date report presented: 26 April 2010
Published: 06 May 2010byJohn McSoriley BA LL.B, Barrister,Legislative AnalystP: (04) 817-9626 (Ext. 9626)F: (04) 817-1250Public enquiries:Parliamentary Information Service: (04 817-9647) Caution: This Digest was prepared to assist consideration of the Bill by members of Parliament. It has no official status.Although every effort has been made to ensure accuracy, it should not be taken as a complete or authoritative guide to the Bill. Other sources should be consulted to determine the subsequent official status of the Bill.

Purpose

The main aim of this Bill is to amend the Animal Welfare Act 1999 (the Act) to increase the maximum sentence for animal cruelty from three to five years, create a new offence of reckless cruelty to animals, and to "make the Animal Welfare Act work better" [1]   .

The Bill as introduced is described in Bills Digest No 1743.

Main changes to the Bill

Clarifying that court may disqualify form ownership as well as custody of animals

The Select Committee has recommended that it be made clear that a Court may disqualify a person from owning or exercising authority in respect of animals and not merely having custody of animals (amending Clause 7 to change the heading of Section 169 of the Act, by replacing “having custody of animals'' with “owning or exercising authority in respect of animals”).

Increase penalties for contravention of a disqualification order

The Select Committee has recommended that the penalties for contravening a disqualification order be at the same level as those for reckless ill-treatment of an animal and has therefore recommended that the maximum penalties for those owning or exercising authority over animals after being disqualified be raised to a maximum of three years’ imprisonment (6 months in the Bill as introduced) or a maximum fine of $75,000 ($50,000 in the Bill as introduced) or both, in the case of an individual, and a maximum fine of $350,000 ($250,000 in the Bill as introduced) in the case of a body corporate (amending Clause 7, New Section 169B).

Forfeiture of animals

The Select Committee has recommended that it be made clear that if the owner of animals is convicted of an offence under the Bill, the animals to which the charge relates that are owned by the owner, as well as any other animals owned by the owner, may be forfeited to the Crown or an approved organisation and that this does not relate to animals owned by others (amending Clause 9, amending Section 172 of the Act).

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  1. Media Release, Hon David Carter, Minister of Agriculture, David Carter, "Government adopts animal cruelty bill", 02 February, 2010.   [back]