New Animal Welfare Bill introduced to Parliament

24/11/99
Local Government Minister Paul Omodei today introduced a new Animal Welfare Bill to Parliament.
The Minister said that after it was presented as a Green Bill last year, more than 200 submissions were received from the public.
A new Bill had then been drafted and sent to key private and state organisations for further input.
The Bill would eventually replace the Prevention of Cruelty to Animals Act 1920.
Key features in which the Bill differed from the existing Act were:

• the Bill applied to all vertebrate animals (except humans) where the current Act applied only to domestic and captive animals; and -
• the Bill's provisions for Offences against Animals would not relate to fish. Acts of cruelty in relation to fish would be controlled under the Fish Resources Management Act 1994.

Cruelty offences were spelt out in much greater detail:

• the Bill specified a number of defences against cruelty charges, including practices that were generally accepted in farming and grazing, the management of zoos and wildlife parks, and veterinary work;
• premises using animals for scientific purposes would need to be licensed, with heavy penalties for breaches of licence conditions;
• penalties for cruelty were increased to a minimum of $1,000 and a maximum of $20,000 and imprisonment for 12 months. Currently there was no minimum and the maximum was $5,000 or 12 months;
• RSPCA officers would continue to be appointed as general inspectors, but the executive director of the Department of Local Government could also appoint other people such as officers of CALM;
• the executive director would also appoint a second category - scientific inspectors - responsible for enforcing the provisions of the Bill relating to the care and use of animals for research and other scientific purposes; and -
• misleading, impersonating or obstructing an inspector would attract penalties up to $10,000 or six months in prison.

Mr Omodei said that the most significant changes between the Green Bill and the current Bill arising from public consultation were:

• the Bill created a new offence for a person to be a spectator at a prohibited activity, such as an animal fight, with a penalty of $1,000;
• the Crown would be generally bound by the new law, although it would be exempt from prosecution or the requirements for obtaining licences;
• the Bill would limit the requirement for a licence to supply animals for scientific purposes to those in the business of supplying animals thereby exempting those who supply animals on an occasional basis;
• the Bill increased maximum penalties from the Green Bill's $6000 to $10,000 for obstruction and from $12,000 to $20,000 for cruelty; and -
• the Green Bill's power for the RSPCA to retain the proceeds of prosecutions was deleted.

Mr Omodei said that the Bill was a complete rewrite of the current legislation and was an opportunity to embrace new laws on this important subject.
He commended the many organisations and individuals who had given extensive amounts of their time to the long and complex discussions which had gone into shaping the new laws.
"The result of their efforts been a high degree of general acceptance of this new legislation," the Minister said.
Media contact: Hugh Ryan 9213 6700