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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Animal Welfare Reforms)
Bill 2019
A BILL FOR
An Act to amend the
Animal
Welfare Act 1985
, the
Dog
and Cat Management Act 1995
and the
Criminal
Law Consolidation Act 1935
.
Contents
Part 2—Amendment of Animal Welfare
Act 1985
4Amendment of section
3—Interpretation
4Ownership of
animals and property
Part 3A—Dog and cat rescue organisation
and rehousing facilities
15DInteraction with
Dog and Cat Management Act 1995
15GOffence to
contravene code of practice
Division 3—Licence required to
operate certain rescue organisations
15HOffence for
prescribed organisation to provide rescue and rehousing services without licence
etc
15JEndorsement of licence to
operate rehousing facility
15KRevocation and suspension of
licence
Division 4—Euthanasia of dogs and
cats held by prescribed organisations
15LEuthanasia of
dogs and cats held by prescribed organisations
15MLicence holders to report to
Minister
Division 6—Review of Minister's
decisions
15NReview of
Minister's decisions by South Australian Civil and Administrative
Tribunal
15OOffence to hold
out as being licensed
7Amendment of section 30—General
powers
8Amendment of section 31A—Special powers
relating to animals
9Insertion of Part 5 Division 2A
Division 2A—Animal cruelty intervention
orders
31BAAnimal cruelty
intervention orders
10Amendment of section 31C—Dealing with
seized animals and objects
12Amendment of section 32A—Court orders on
finding of guilt etc
Part 3—Amendment of Dog and Cat
Management Act 1995
15Amendment of section
4—Interpretation
16Amendment of section 33—Dogs must be
registered
17Amendment of section 61—Procedure
following seizure of dog
18Amendment of section 62—Dealing with
seized dogs
20Amendment of section 64—Power to seize
and detain cats
21Amendment of section 64A—Rehousing or
other disposal of seized cat
Part 5B—Special provisions relating to
greyhound racing industry
64HGreyhound Racing
SA to provide certain reports and information
64IFreedom of
Information Act to apply to Greyhound Racing SA
24Amendment of section
91—Regulations
Part 4—Amendment of Criminal Law
Consolidation Act 1935
25Amendment of section 5AA—Aggravated
offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Animal Welfare Reforms)
Act 2019.
This Act will come into operation 6 months after the day on which it is
assented to by the Governor.
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 3—Interpretation
Section 3, definition of owner—delete the definition
and substitute:
owner—see section 4;
After section 3 insert:
4—Ownership of animals and
property
(1) For the purposes of this Act, a reference to the owner
of an animal will be taken to include a reference to—
(a) a person who has the custody and control of the animal;
(b) in the case of a dog or cat registered under the
Dog
and Cat Management Act 1995
or any other Act or law—the person in whose name the dog or cat was
registered at the relevant time.
(2) In proceedings for an offence against this Act, if an animal is shown
to have been habitually in the apparent ownership of a person, that person will,
in the absence of proof to the contrary, be taken to have owned and to continue
to own the animal.
(3) For the purposes of this Act, a reference to the owner
of real or personal property will be taken to include a reference to a person
entitled to possession of the property.
After section 27 insert:
Part 3A—Dog and cat rescue organisation and
rehousing facilities
Division 1—Preliminary
15B—Interpretation
(1) In this Part,
unless the contrary intention appears—
cat means an animal of the species felis
catus;
code of practice means the code of practice established under
section 15F
, as in force from time to time;
dog means an animal of the species canis
familiaris;
holding period, for a dog or cat held in a rehousing facility
by or on behalf of a prescribed organisation, means the period of 7 days
commencing on the day after the dog or cat came into the possession of the
organisation;
licence, in relation to a prescribed organisation, means a
licence under this Part;
prescribed organisation—see
subsection (2)
;
rehousing facility means a facility operated by or on behalf
of a prescribed organisation at which stray, abandoned, ill-treated, injured,
sick or surrendered dogs or cats (or both)—
(a) are temporarily sheltered while awaiting rehousing; or
(b) are permanently sheltered if rehousing is not reasonably
practicable,
but does not include a facility of a kind declared by the regulations not
to be included in the ambit of this definition;
rescue and rehousing service means a service consisting of or
including the rehousing of stray, abandoned, ill-treated, injured, sick or
surrendered dogs or cats or both (however described).
(2) For the purposes of
this Part, a reference to a prescribed organisation will be taken
to be a reference to the following persons and bodies:
(a) the Society;
(b) the Animal Welfare League of South Australia Incorporated;
(c) a person or body who—
(i) holds, or is acting for or on behalf of the holder of, a
section 6 licence (within the meaning of the
Collections
for Charitable Purposes Act 1939
); and
(ii) collects money or other property, or obtains bequests, for the
provision of charitable services (within the meaning of the
Collections
for Charitable Purposes Act 1939
) consisting of or including provision of welfare services for
animals,
(other than a person or body, or person or body of a class, declared by the
regulations not to be included in the ambit of this paragraph);
(d) any other person or body, or person or body of a class, prescribed by
the regulations.
15C—Application of Part
(1) This Part applies to dogs and cats.
(2) This Part does not apply in relation to—
(a) dingos; or
(b) dogs or cats living in an undomesticated state (commonly known as
feral dogs and cats); or
(c) dogs or cats of a kind declared by the regulations to be excluded from
the operation of this Part; or
(d) any other animal.
15D—Interaction with Dog and Cat Management
Act 1995
This Part is in addition to, and does not derogate from, the
Dog
and Cat Management Act 1995
.
15E—Objects and principles
(1) The objects of this Part include—
(a) preventing, as far as is reasonably practicable, the killing of stray,
abandoned, ill-treated, injured, sick or surrendered dogs and cats that are
suitable for rehousing; and
(b) encouraging the rehousing of stray, abandoned, ill-treated, injured,
sick or surrendered dogs and cats; and
(c) ensuring that, in the cases where dogs or cats must be killed, it is
done in a way that is humane and compassionate; and
(d) developing a code of practice that furthers these objects.
(2) The following principles apply in relation to the operation of this
Part:
(a) no dog or cat should be killed if it can safely be placed in a
suitable home;
(b) dogs and cats in rehousing facilities require proper shelter, care,
nutrition and exercise;
(c) dogs and cats in rehousing facilities require enrichment and
interaction;
(d) dogs and cats in rehousing facilities require proper veterinary
care;
(e) prescribed organisations should make every effort, and be supported,
to provide every dog and cat in their custody with individual consideration and
care.
Division 2—Code of
practice
15F—Code of practice
(1) The Governor
may, on the recommendation of the Minister, make regulations establishing a code
of practice for the purposes of this Part.
(2) Without limiting any other matters that may be included in the code of
practice, the code of practice must contain the following provisions:
(a) a provision requiring that dogs and cats not be killed by a prescribed
organisation if they can reasonably and safely be taken to another organisation
that can take possession of them;
(b) provisions setting out the minimum standard of care to be provided by
prescribed organisations (including at rehousing facilities).
(3) Before making a recommendation for the purposes of
subsection (1)
, the Minister—
(a) must consult with the prescribed bodies; and
(b) must call for public submissions in accordance with a scheme
determined by the regulations.
(4) The Minister must cause the code of practice to be reviewed at least
once in each 5 year period.
15G—Offence to contravene code of
practice
A person who, without reasonable excuse, contravenes a provision of the
code of practice in relation to the operation of a prescribed organisation is
guilty of an offence.
Maximum penalty: $10 000.
Division 3—Licence required to operate certain
rescue organisations
15H—Offence for prescribed organisation to provide
rescue and rehousing services without licence etc
(1) A prescribed organisation must not provide, or offer to provide, a
rescue and rehousing service unless the organisation holds a licence under this
Part.
Maximum penalty: $50 000.
(2) A prescribed organisation must not operate a rehousing facility for
dogs or cats in the ownership, or under the custody or control, of the
organisation unless the organisation's licence is appropriately endorsed under
section 15J
.
Maximum penalty: $50 000.
15I—Minister may grant licence
(1) The Minister may, on application, grant a licence to a prescribed
organisation authorising the prescribed organisation to provide a rescue and
rehousing service.
(2) Each licence is
subject to a condition requiring the holder of the licence to comply with the
code of practice.
(3) Without limiting this section, a licence may be granted subject to
such conditions as the Minister thinks fit and specifies in the licence
(including, without limiting the generality of this subsection, a condition
limiting the kinds of animal that can be rescued or rehoused pursuant to the
licence).
(4) An application for a licence—
(a) must be made in a manner and form approved by the Minister;
and
(b) must include such information as the Minister may reasonably require;
and
(c) must be accompanied by the prescribed fee.
(5) In determining whether or not to grant a licence, the Minister must
have regard to—
(a) the suitability of the applicant to be granted the licence (including
by having regard to any offences committed by the prescribed organisation, or a
person associated with the prescribed organisation, under this or any other
Act); and
(b) the adequacy of the applicant's premises and facilities (if any) in
respect of the provision of rescue and rehousing services; and
(c) such other matters as may be prescribed by the regulations,
and may have regard to any other matter that the Minister thinks
relevant.
(6) The Minister may, by notice in writing, vary or revoke a condition of,
or impose further conditions on, a licence for any reason the Minister thinks
fit.
(7) A licence remains in force until it is—
(a) revoked by the Minister; or
(b) surrendered by the holder of the licence.
15J—Endorsement of licence to operate rehousing
facility
(1) The Minister may, at the time of granting the licence or on subsequent
application, include or add an endorsement to a licence granted under
section 15I
authorising the licence holder to operate a rehousing facility in the
course of providing rescue and rehousing services.
(2) An endorsement may be subject to such conditions as the Minister
thinks fit and specifies in the licence (including, without limiting the
generality of this subsection, a condition limiting the number or kinds of dogs
and cats that can be accommodated at the facility at any time).
(3) An application for an endorsement—
(a) must be made in a manner and form approved by the Minister;
and
(b) must include such information as the Minister may reasonably require;
and
(c) must be accompanied by the prescribed fee.
(4) In determining whether or not to endorse a licence, the Minister must
have regard to—
(a) the adequacy of the applicant's facilities, or proposed facilities, in
respect of providing accommodation for dogs or cats (as the case requires);
and
(b) such other matters as may be prescribed by the regulations,
and may have regard to any other matter that the Minister thinks
relevant.
(5) The Minister may, by notice in writing, vary or revoke an endorsement
for any reason the Minister thinks fit.
15K—Revocation and suspension of
licence
(1) If the Minister is
satisfied that the holder of a licence—
(a) has been found guilty of an offence against this Act; or
(b) has contravened the code of practice (whether or not the licence
holder or any other person has been convicted of an offence relating to the
contravention); or
(c) has failed to comply with a condition of the licence; or
(d) has failed to provide a report required under
section 15M
; or
(e) has obtained the licence improperly,
the Minister may, by notice in writing—
(f) suspend the licence—
(i) for a period specified in the notice; or
(ii) until the holder of the licence causes such action as may be
specified in the notice to be taken to the satisfaction of the Minister;
or
(g) allow the holder of
the licence to continue to provide rescue and rehousing services subject to
specified conditions (including conditions preventing further dogs or cats being
received by the prescribed organisation, or requiring supervision of the
operation of the prescribed organisation by a specified person or body);
or
(h) revoke the licence.
(2) The Minister may, by notice in writing, vary or revoke a condition
imposed under
subsection (1)(g)
for any reason the Minister thinks fit.
(3) A person who contravenes a condition imposed under
subsection (1)(g)
is guilty of an offence.
Maximum penalty: $10 000.
(4) The Minister
may, if he or she considers it appropriate to do so, by notice in writing,
disqualify (either permanently or for a specified period) a specified prescribed
organisation from holding or obtaining a licence under this Part.
Division 4—Euthanasia of dogs and cats held by
prescribed organisations
15L—Euthanasia of dogs and cats held by prescribed
organisations
(1) A dog or cat held
by or on behalf of a prescribed organisation may be euthanased at any time if
the dog or cat has been assessed (in accordance with any requirements set out in
the code of practice) as being unsuitable for rehousing.
(2) Except as may be
authorised under
subsection (1)
, the following provisions apply in relation to the euthanasia of a dog or
cat held by or on behalf of a prescribed organisation:
(a) the dog or cat must
not be killed during the holding period for the dog or cat;
(b) the dog or cat must
not be killed unless—
(i) the prescribed organisation has, in accordance with the code of
practice, offered the dog or cat to other animal rescue organisations that are
willing to take possession of dogs or cats in such circumstances; and
(ii) the prescribed organisation has complied with any other requirement
set out in the regulations or the code of practice; and
(iii) the prescribed organisation has certified, in accordance with the
regulations, that there was no reasonable alternative to killing the animal in
the circumstances;
(c) the dog or cat may only be killed if—
(i) a foster home cannot be found within the period specified in the code
of practice; and
(ii) it is not reasonably practicable (having regard to the operational
needs of the prescribed organisation) for the dog or cat to be permanently
rehoused with the prescribed organisation.
(3) However,
subsection (2)(a)
and
(b)
do not apply in the following circumstances:
(a) the killing of a dog or cat that has been certified by a veterinary
surgeon as experiencing irremediable physical or mental suffering;
(b) the killing of a dog pursuant to a destruction order under Part 5 of
the
Dog
and Cat Management Act 1995
;
(c) the killing of a dog or cat pursuant to an order of a court.
(4) Euthanasia may only
be administered to a dog or cat as follows (including, to avoid doubt, to a dog
or cat killed pursuant to
subsection (1)
):
(a) the dog or cat may only be killed by a veterinarian surgeon or
inspector;
(b) the method used to kill the animal must be humane and appropriate in
the circumstances (and in any case must not be a proscribed method);
(c) the dog or cat must be sedated before being killed so as to minimise
stress or discomfort, or to ensure staff safety (however, neuromuscular blocking
agents must not be used);
(d) following the administration of an injection, the dog or cat must be
lowered to the surface on which they are being held and must not be permitted to
drop or otherwise collapse without support;
(e) the dog or cat must not be left unattended between the time procedures
to kill the dog or cat are commenced and the time death occurs;
(f) the dog's or cat's body must not be disposed of before death is
verified in accordance with this section;
(g) the killing of the dog or cat must comply with any other requirements
set out in the code of practice.
(5) A person who, without reasonable excuse, contravenes
subsection (2)
or
(4)
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(6) For the purposes of this section, the death of a dog or cat must be
verified in each of the following ways:
(a) by lack of heartbeat, verified by a stethoscope;
(b) by lack of respiration, verified by observation;
(c) by pale, bluish gums and tongue, verified by observation;
(d) by lack of eye response, verified if lid does not blink when eye is
touched and pupil remains dilated when a light is shined on it.
(7) To avoid doubt, nothing in this section authorises the killing of a
dog or cat merely because the holding period for the dog or cat has
elapsed.
(8) Nothing in this section limits the operation of
section 4B.
(9) No civil liability attaches to a prescribed organisation, inspector or
any other person in relation to the euthanasia of an animal carried out in good
faith, without negligence and in accordance with this section.
(10) In this section—
irremediable physical or mental suffering means a dog or cat
that—
(a) has a poor or grave prognosis for being able to live without severe,
unremitting pain even with comprehensive, prompt, and necessary veterinary care;
or
(b) has unmanageable fear or behavioural abnormalities that prevent the
dog or cat from enjoying a normal quality of life.
Division 5—Reporting
15M—Licence holders to report to
Minister
(1) The holder of a
licence under this Part must, on or before 30 September in each year,
prepare and submit a written report to the Minister setting out the following
information relating to the preceding financial year:
(a) the total number of dogs and cats surrendered to or otherwise rescued
by the licence holder;
(b) the number of dogs and cats returned to their owners by the licence
holder;
(c) the number of dogs and cats rehoused by the licence holder;
(d) the number of dogs or cats euthanased by or on behalf of the licence
holder (including the reason for the administration of euthanasia);
(e) the number of dogs or cats in the care of the licence holder on
31 July of that year;
(f) any other information required by the regulations or under the code of
practice.
(2) The holder of a licence must allow inspection (without charge) of a
report under
subsection (1)
by members of the public.
(3) The Minister must, as soon as is reasonably practicable after
receiving a report under
subsection (1)
, cause a copy of the report to be published on a website determined by the
Minister.
Division 6—Review of Minister's
decisions
15N—Review of Minister's decisions by South
Australian Civil and Administrative Tribunal
(1) The South Australian Civil and Administrative Tribunal is, by force of
this section, conferred with jurisdiction to deal with matters consisting of the
review of a decision of the Minister under this Part.
(2) An application
for review of a decision of the Minister under this Part may be made to the
South Australian Civil and Administrative Tribunal by a person aggrieved by the
decision within 1 month after the applicant receives notice of the relevant
decision (or such longer period as the Tribunal may allow).
(3) However, the South Australian Civil and Administrative Tribunal may
only allow an extension of time under
subsection (2)
if satisfied that—
(a) special circumstances exist; and
(b) another party will not be unreasonably disadvantaged because of the
delay in commencing the proceedings.
Division 7—Miscellaneous
15O—Offence to hold out as being
licensed
A person must not hold himself or herself out as holding a licence under
this Part unless the person is in fact so licensed.
Maximum penalty: $10 000.
15P—Exemptions
(1) The Minister may, on application or on the Minister's own motion,
exempt a specified person or body from this Part, or specified provisions of
this Part.
(2) Subject to this section, an exemption—
(a) must be in writing; and
(b) may be conditional or unconditional; and
(c) has effect for the period specified in the exemption.
(3) The Minister—
(a) must, unless the Minister is satisfied that good reasons exist for not
doing so, by notice in writing, revoke an exemption of a person or body if the
person or body—
(i) is found guilty of an offence against this Act; or
(ii) has obtained the exemption improperly; or
(iii) fails to comply with a condition of the exemption; and
(b) may, by notice in writing, vary or revoke an exemption for any other
reason the Minister thinks fit.
(4) An application for an exemption, or for the variation of an
exemption—
(a) must be made in a manner and form determined by the Minister;
and
(b) must include such information as the Minister may reasonably require;
and
(c) must be accompanied by the prescribed fee.
15Q—General defence
It is a defence to a charge of an offence against this Part if the
defendant proves that the alleged offence was not committed intentionally and
did not result from any failure on the part of the defendant to take reasonable
care to avoid the commission of the offence.
7—Amendment
of section 30—General powers
Section 30(5)—delete paragraph (f) and substitute:
(f) premises or a vehicle in which an inspector reasonably suspects there
may be records relating to a business or organised event or activity involving
animals;
(g) premises or a vehicle in which an inspector reasonably suspects there
may be an animal or other thing that has been used in, or may constitute
evidence of, a contravention of this Act.
8—Amendment
of section 31A—Special powers relating to animals
Section 31A(1)—delete "may if urgent action is not taken suffer
unnecessary harm" insert:
is at risk of suffering
9—Insertion
of Part 5 Division 2A
After section 31B insert:
Division 2A—Animal cruelty intervention
orders
31BA—Animal cruelty intervention
orders
(1) An inspector may apply to the Magistrates Court for an order under
this section (an animal cruelty intervention order) if the
inspector believes on reasonable grounds that the person against whom the order
is sought (the defendant) will, without intervention, cause the
death of, or serious harm to, an animal.
(2) To avoid doubt, an application may be made under this section whether
or not—
(a) death or harm has, in fact, been caused to an animal; or
(b) the defendant has been charged with an offence.
(3) The Magistrates Court may, on application and if satisfied that the
defendant will, without intervention, cause the death of, or serious harm to, an
animal, make an animal cruelty intervention order against the defendant.
(4) An animal cruelty intervention order may be made in the absence of the
defendant if the defendant was required by summons to appear at the hearing of
the application and failed to appear in obedience to the summons (however in
such a case the order will not be taken to be binding on the defendant until
served personally on the defendant).
(5) An animal cruelty intervention order may do 1 or more of the
following:
(a) prohibit the defendant from having the custody or control of a
specified animal, a specified class of animals, or any animals;
(b) require the defendant to surrender specified animals, or all animals,
in the custody or control of the defendant to a specified person within a
specified period;
(c) prohibit the defendant from attending at, or being in, a specified
locality (not being residential premises occupied by the defendant);
(d) prohibit the
defendant from contacting, harassing, threatening or intimidating a specified
person or persons at a specified place at which animals owned by the defendant
are being cared for;
(e) prohibit the defendant from destroying or damaging specified
property;
(f) prohibit the
defendant from taking possession of specified personal property reasonably
needed in relation to the care of animals owned by the defendant;
(g) prohibit the defendant from causing or allowing another person to
engage in the conduct referred to in a preceding paragraph;
(h) require the
defendant to produce specified personal property reasonably needed in relation
to the care of animals owned by the defendant to a specified person;
(i) impose any other requirement on the defendant to take, or to refrain
from taking, specified action in relation to animals.
(6) An animal cruelty intervention order may specify—
(a) conditions under which a prohibition imposed by the order does not
apply; and
(b) conditions that must be complied with in relation to a requirement
imposed by the order.
(7) A person who
contravenes or fails to comply with an animal cruelty intervention order is
guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(8) An animal cruelty intervention order is ongoing and continues in force
(subject to any variation or substitution of the order under this Act) until it
is revoked.
(9) The Magistrates
Court may, when issuing or varying an animal cruelty intervention order fix a
date (being not less than 12 months after issue or variation of the order)
after which the defendant may apply for variation or revocation, or further
variation, of the order.
10—Amendment
of section 31C—Dealing with seized animals and
objects
(1) Section 31C—after subsection (2) insert:
(2a) A magistrate may make such ancillary orders in relation to an order
under subsection (2) as the magistrate considers appropriate (including, for
example, an order that the owner of the animal or other party to the application
is to pay to a specified person or body the reasonable costs of caring for the
animal until the application is determined).
(2) Section 31C—after subsection (3) insert:
(3a) To avoid doubt, section 15O (other than subsection (2)) applies
in relation to the destruction of a dog or cat under subsection (1) or
(2).
After section 31E insert:
31EA—Interim court orders
(1) A court hearing
an application under this Act, or proceedings on a charge of an offence against
this Act, may make such interim orders as the court considers
appropriate.
(2) Without limiting the generality of
subsection (1)
, a court may make 1 or more of the following orders:
(a) an order requiring a specified person to care for an animal or animals
owned by the person (whether or not the subject of the offence) in accordance
with the terms of the order;
(b) an order directing a specified person to surrender a specified animal
owned by the person (being an animal that is the subject of a charge of an
offence against this Act) to a specified person;
(c) an order directing a specified person to surrender a specified animal
or animals owned by the person to a specified person;
(d) an order prohibiting a specified person from owning or possessing an
animal, or an animal of a specified class, until further order or for a period
specified in the order.
12—Amendment
of section 32A—Court orders on finding of guilt etc
(1) Section 32A(2), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: Imprisonment for 2 years.
(2) Section 32A—after subsection (3) insert:
(4) To avoid doubt, section 15L (other than subsection (2)) applies
in relation to the destruction of an animal under subsection (3).
After section 42 insert:
42AA—Animals that are evidence
Despite any other Act or law, the admissibility of, or weight to be given
to, evidence of an offence against this Act consisting of a live animal is not
affected by the fact that the animal is sold, rehoused or otherwise disposed of
under this or any other Act.
Section 43—delete the section and substitute:
43—Act does not render unlawful practices that are
in accordance with prescribed code of animal husbandry
practice
(1) Subject to this section, nothing in this Act renders unlawful anything
done in accordance with a prescribed code of practice relating to
animals.
(2) This section does not apply in relation to the operation of prescribed
organisations (within the meaning of Part 3A) in accordance with a
prescribed code of practice to the extent that the code permits such an
organisation to operate in contravention of Part 3A.
Part 3—Amendment
of Dog and Cat Management
Act 1995
15—Amendment
of section 4—Interpretation
Section 4—after the definition of LGA insert:
prescribed rescue and rehousing organisation means a
prescribed organisation licensed under Part 3A of the
Animal
Welfare Act 1985
;
16—Amendment
of section 33—Dogs must be registered
Section 33(5)(b)—after subparagraph (iii) insert:
or
(iv) a prescribed rescue and rehousing organisation.
17—Amendment
of section 61—Procedure following seizure of dog
Section 61(1)(b)—delete "in a facility approved by the Board for the
purpose of detaining dogs." and substitute:
in (in order of priority)—
(i) a facility operated by or on behalf of the council for the area in
which the dog was seized; or
(ii) if no such council facility is available—a facility operated by
or on behalf of a prescribed rescue and rehousing organisation; or
(iii) if no facility contemplated by a preceding subparagraph is
available—a facility approved by the Board for the purpose of detaining
dogs,
(however nothing in this paragraph relieves a council of primary
responsibility for providing adequate facilities to detain dogs seized in the
area of the council).
18—Amendment
of section 62—Dealing with seized dogs
(1) Section 62(1)—delete "destroyed or otherwise disposed of" and
substitute:
sold or rehoused in accordance with the code of practice under Part 3A
of the
Animal
Welfare Act 1985
(2) Section 62—after subsection (1) insert:
(1a) The operator
of a facility at which a dog is detained under this Part may, if the dog could
be euthanased under section 15L of the
Animal
Welfare Act 1985
, cause the dog to be destroyed in accordance with that section.
(3) Section 62(3)—delete subsection (3)
Section 63—delete the section
20—Amendment
of section 64—Power to seize and detain cats
(1) Section 64(1)(a) and (b)—delete paragraphs (a) and (b) and
substitute:
(a) if the person
is a warden under the
National
Parks and Wildlife Act 1972
or the
Wilderness
Protection Act 1992
and the cat is in a reserve or sanctuary (within the meaning of the
National
Parks and Wildlife Act 1972
) or a wilderness protection area or zone (within the meaning of the
Wilderness
Protection Act 1992
);
(b) if the person
is the owner or occupier of a designated area, or a person authorised for the
purpose by the owner or occupier of a designated area and the cat is found in
the designated area;
(c) if the cat is found in a place that is more than 1 kilometre from
any place genuinely used as a place of residence;
(d) if the cat is unidentified and—
(i) the person is an authorised officer under the
Crown
Land Management Act 2009
and the cat is found in an area in respect of which the authorised officer
is authorised to exercise powers under that Act; or
(ii) the person is an authorised officer under the
Natural
Resources Management Act 2004
and—
(A) the cat is found by a State authorised officer under that Act;
or
(B) the cat is found by a regional authorised officer under that Act in
the region in which the regional authorised officer is authorised to act;
or
(iii) the person is an inspector under the
Animal
Welfare Act 1985
and the cat is found while the person is acting in the ordinary course of
his or her duties under that Act; or
(iv) the person is a registered veterinary surgeon acting in the ordinary
course of his or her profession; or
(v) the person is acting for or on behalf of 1 of the following
bodies or persons in respect of a cat that has been delivered to a facility
operated by the person or body:
(A) the Royal Society for the Prevention of Cruelty to Animals (South
Australia) Incorporated;
(B) the Animal Welfare League of South Australia Incorporated;
(C) a body or person specified by the regulations; or
(e) any other circumstances set out in the regulations.
21—Amendment
of section 64A—Rehousing or other disposal of seized
cat
(1) Section 64A(1)—delete "destroyed or otherwise disposed of" and
substitute:
sold or rehoused in accordance with the code of practice under Part 3A
of the
Animal
Welfare Act 1985
(2) Section 64A—after subsection (1) insert:
(1a) The operator
of a facility at which a cat is detained under this Part may, if the cat could
be euthanased under section 15L of the
Animal
Welfare Act 1985
, cause the cat to be destroyed in accordance with that section.
After section 64F insert:
Part 5B—Special provisions relating to greyhound
racing industry
64G—Interpretation
In this Part—
Greyhound Racing SA means Greyhound Racing SA Limited (and
includes any person or body who succeeds Greyhound Racing SA, or who otherwise
is the controlling body for greyhound racing in the State, should Greyhound
Racing SA be dissolved or otherwise cease to exist);
registered means registered (however described) with
Greyhound Racing SA in accordance with the Greyhounds Australasia
rules.
64H—Greyhound Racing SA to provide certain reports
and information
(1) Greyhound Racing SA must, on or before 30 September in every
year, forward to the Minister a report containing the information required by
subsection (2)
for the preceding financial year.
Maximum penalty: $20 000.
(a) information setting out the number of greyhounds registered in the
relevant financial year; and
(b) information setting out the number of registered greyhounds destroyed
in this State in the relevant financial year; and
(c) information setting out the approximate number of unregistered
greyhounds destroyed in the relevant financial year; and
(d) information setting out the methods by which greyhounds were generally
destroyed in the relevant financial year; and
(e) any other information required by or under the provisions of this Act
or any other Act.
(3) The Minister must, within 6 sitting days after receiving a report
under this section, cause a copy of the report to be laid before both Houses of
Parliament.
(4) The Minister must, within 6 sitting days after receiving a report
under this section, cause a copy of the report—
(a) to be provided to the Board; and
(b) to be published on a website determined by the Minister.
64I—Freedom of Information Act to apply to
Greyhound Racing SA
For the purposes of the
Freedom
of Information Act 1991
, Greyhound Racing SA will be taken to be an agency within the meaning of
that Act.
After section 88 insert:
88AA—Animals that are evidence
Despite any other Act or law, the admissibility of, or weight to be given
to, evidence of an offence against this Act consisting of a live dog or cat is
not affected by the fact that the dog or cat is sold, rehoused or otherwise
disposed of under this or any other Act.
24—Amendment
of section 91—Regulations
Section 91(2)(c)—delete "regulate the detention of dogs" and
substitute:
, in a manner that is consistent with the code of practice under
Part 3A of the
Animal
Welfare Act 1985
, the detention of dogs and cats
Part 4—Amendment
of Criminal Law Consolidation
Act 1935
25—Amendment
of section 5AA—Aggravated offences
Section 5AA(1)—after paragraph (c) insert:
(ca) the offender committed the offence against an inspector under the
Animal
Welfare Act 1985
—
(a) knowing the victim was acting in the course of performing official
duties; or
(b) in retribution for something the offender believes the victim did in
the course of performing official duties;