Legislation

• Amendments made to the Prevention of Cruelty to Animals Act
• Prevention of Cruelty to Animals Act 1985
• Other related South Australian Legislation
• Federal Legislation
• Legislation in other jurisdictions

Amendments made to the Prevention of Cruelty to Animals Act

• DOUBLING of penalties up to $20,000 or two year's imprisonment for ill treatment of animals.
• MAKING aggravated animal cruelty an indictable offence, further increasing the penalties for offenders.
• EMPOWERING animal welfare inspectors to routinely inspect intensive farming establishments, puppy farms, circuses and council operated dog pounds.
• ALLOWING animal welfare inspectors to enter a property to rescue an animal, even if the owner is not present.
• EMPOWERING courts to order confiscation of objects used in an offence.
• FORCING owners to forfeit mistreated animals without having to seek a conviction through a court.
• CREATING a new offence for keeping animals in conditions likely to cause pain, distress or disease.

Prevention of Cruelty to Animals Act 1985

The primary South Australian Act of Parliament defining animal welfare requirements is the Prevention of Cruelty to Animals Act 1985 and its subordinate Prevention of Cruelty to Animals Regulations 2000.

For the purposes of the Act an "animal" means a member of any species of the sub phylum vertebrata except -
(a) a human being; or
(b) a fish,
and includes any prescribed animal.

The Act applies equally to all animals included in this regardless of their value, conservation or definition pest status. Compliance with the requirements of the Act can be both voluntary and mandatory.

Voluntary compliance is achieved by:

• industry quality assurance programs;
• education programs;
• training of animal handlers; and
• the simple fact that the vast majority of people care about animals and try to do the best thing they can for them.

Mandatory compliance is achieved by the appointment of inspectors under the Act. These include:

• RSPCA officers;
• livestock inspectors;
• National Parks and Wildlife wardens; and
• inspectors under the Natural Resources Management Act

In addition the Act provides that all police officers are authorised as inspectors.

The RSPCA undertakes most of the inspections, investigations and prosecutions on behalf of the Government. To assist in this undertaking the Government provides the Society with $500,000 annually.

Other related South Australian Legislation

• Dog and Cat Management Act 1995
• Dog and Cat Management Regulations 1994
• National Parks and Wildlife Act 1972
• National Parks and Wildlife Regulations 2001
• Natural Resources Management Act 2004
• Natural Resources Management Regulations 2005
• Livestock Act 1997
• Livestock Regulations 1998
• Veterinary Practices Act 2003
• Veterinary Practices Regulations 2005

Numerous other legislative instruments have implications for animals, for example the Local Government Act 1999 (SA) and Development Act 1993 both have provisions relating to the keeping of animals.

Federal Legislation

• Environment Protection and Biodiversity Conservation Act 1999
• Environment Protection and Biodiversity Conservation Regulations 2005
• Customs Act 1901
• Customs Regulations 1926
• Quarantine Act 1908
• Quarantine Regulations 2004

Again, other Federal legislation subtly controls the conditions and requirements for keeping or otherwise interacting with animals.

Legislation in other jurisdictions

• Australian Capital Territory - Environment ACT
• New South Wales - Department of Primary Industries
• Northern Territory - Department of Primary Industries
• Queensland - Department of Primary Industries
• Tasmania - Department of Primary Industries
• Victoria - Department of Primary Industries
• Western Australia - Department for Local Government