[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Animal Welfare (Live Baiting) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Animal
Welfare Act 1985
.
Contents
Part 2—Amendment of Animal Welfare
Act 1985
4Amendment of section 13—Ill treatment of
animals
14APossession of
certain items prohibited
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Animal Welfare (Live Baiting) Amendment
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Animal Welfare
Act 1985
4—Amendment
of section 13—Ill treatment of animals
Section 13(3)(d) and (e)—delete paragraphs (d) and (e)
Section 14—delete the section and substitute:
14—Prohibited activities
(1) A person must not
take part in a prohibited activity.
Maximum penalty: $50 000 or imprisonment for 4 years.
(2) A person must not
be present in a place at which a prohibited activity is occurring.
Maximum penalty: $20 000 or imprisonment for 2 years.
(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, he or she 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 he or she 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.
(6) For the purposes of this section, a person takes part in a
prohibited activity if he or she 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 him or her;
(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.
Note—
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.
14A—Possession of certain items
prohibited
(1) A person must not,
without the approval of the Minister, have in his or her possession or
control—
(a) a cock-fighting spur; or
(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; or
(c) a drug (not being a drug supplied on the prescription of, and given to
an animal in accordance with the directions of, a veterinary surgeon) 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;
or
(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 14
).
Maximum penalty: $20 000 or imprisonment for 2 years.
(2) For the purposes of
subsection (1)(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.
Note—
For example, the skin of an animal which has been processed into a leather
product.