Animal Cruelty Penalties Surge in Welfare Act Revamp

SA Gov

People caught abusing, neglecting or mistreating animals will face tough new penalties after new animal welfare laws were passed in State Parliament this week.

Those found guilty of animal cruelty now face maximum fines of up to $250,000, and/or 10 years jail, for the aggravated ill-treatment of an animal, up from $50,000 and/or four years in jail.

A corporation can now be fined up to $1 million for mistreating animals, the most severe penalty in the nation.

The Animal Welfare Act, which had not been updated since 2008, now includes a proactive 'duty of care' provision requiring pet owners to provide animals with a minimum level of care, such as adequate food and water.

It also allows authorities to address neglect before an animal is harmed. This means RSPCA SA can talk to owners about better looking after their animals without having to wait for the animal to be harmed and without having to lay cruelty charges.

The changes coincide with a record 350 per cent increase in State Government funding for the RSPCA SA, most of which will go toward helping the organisation enforce South Australia's new animal welfare laws. The 2024-25 State Budget provided an extra $16.4 million over four years for RSPCA SA to deliver animal welfare compliance activities in accordance with the new Act.

The definition of an animal has also been broadened to include fish, bringing South Australia into line with the rest of the nation. The inclusion of fish aims to address cruel practices such as harvesting shark fins and stingray tails.

Recreational and commercial fishing activities are not affected by the new laws and remain under the control of the Fisheries Management Act.

In a first, the reforms create an Animal Welfare Fund to capture licence fees, fines and penalties that can be put back into supporting and promoting animal welfare.

It also includes mandatory reporting of suspected animal welfare offences within the greyhound racing industry and improving regulation and oversight of animal research.

More than 1000 people provided feedback on the proposed changes to the Act during community consultation last year. For more information visit here.

As put by Susan Close

These reforms mean people who wilfully mistreat animals will face serious consequences, in line with community expectations.

The new penalties provide a strong deterrent and will play an important role in reducing incidents of animal cruelty in South Australia.

Surveys and public consultation on the bill show South Australians have little tolerance for animal cruelty and they want strong deterrents.

I was really pleased to see the reforms receive such strong support from the community via the public consultation process.

As put by Marcus Gehrig, Chief Executive, RSPCA SA

Community feedback to the draft of the Animal Welfare Act was strong and we are grateful to see this reflected in legislation. We look forward to positive changes for animals with the Act being passed.

RSPCA SA is the main organisation empowered to enforce this Act, and equipping our inspectorate with legislation that has no loopholes and gives inspectors greater powers to prevent animals suffering harm is positive not only for animals but for our whole community.

We are especially grateful that under the changes, our Inspectors will be empowered to address neglect before harm occurs. This is critical to us being able to deliver on our mission of prevention of cruelty.

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