Animal Welfare Act Review
Whether you have pets at home, work in the agriculture sector, enjoy fishing, or simply appreciate our unique and vibrant native species – animal welfare is an important subject to many of us.
The South Australian Government is proposing updates to the Animal Welfare Act 1985 to ensure the laws governing animal welfare are supported by science, consistent with contemporary practices and in line with community expectations.
What's happening?
Community consultation on the draft Animal Welfare Bill was undertaken in April-May 2024 through YourSAy.
A consultation report summarising the feedback received throughout this process is now available, along with a copy of the final draft Bill.
Next steps
The Bill will be debated in Parliament and, if passed by both houses, it will go through the process to become an Act (law).
The development of an animal shelter licensing system will be undertaken separately and is anticipated to be completed by mid-2025.
Stay informed
- Subscribe to receive future updates
- Email animalwelfareactreview@sa.gov.au for more information
Frequently asked questions
Various reforms were identified throughout the review process and have been incorporated into the Bill, including:
- Tougher maximum penalties – $100,000 or 5 years’ jail for individuals, and $500,000 for businesses, for the ill-treatment of an animal.
- This increases to $175,000 or 7 years’ jail for individuals, and $750,000 for businesses, convicted of recklessly causing death or serious harm to an animal.
- Individuals convicted of intentionally causing death or serious harm to an animal face a penalty of up to $250,000 or 10 years’ jail, while businesses could be fined up $1,000,000.
- A proactive ‘duty of care’ provision that would require owners to provide their animals with a minimum level of care, including adequate food, water and living conditions, and improves the pathway for authorities to address neglect more easily before an animal is harmed.
- Defining fish as an animal, which recognises their capacity for suffering and provides them with the same protection as other animals by allowing authorities to prosecute deliberate acts of cruelty.
- Better oversight of animals used in research and science through an updated licensing system.
- New reporting requirements for those who work or volunteer in the greyhound industry and see someone doing the wrong thing.
Proposed changes to the Animal Welfare Act will not affect responsible recreational and commercial fishing.
The Bill proposes defining fish as an animal, which is designed to stop deliberate acts of cruelty, including cutting the fin off a live shark.
Recreational and commercial fishers need to continue to adhere to the Fisheries Management Act 2007, and those who undertake aquaculture activities need to comply with the Aquaculture Act 2001.
These laws and their regulations tell you what you can and can’t do, including the gear you can use.
There are no additional animal welfare requirements for the agriculture sector, which is covered by regulations, national standards and codes of practice specific to their industry and animals.
The Bill proposes 2 new classes of licence for the scientific use of animals.
A licence would be required when a person:
- Breeds and supplies an animal for scientific purposes
- Keeps or uses an animal for scientific purposes
Breeding animals for other reasons, including for use within the agriculture sector, would not require a licence under this proposed change.
Reforming the licensing and administration for the use of animals in this sector will increase the accountability of those who use animals for scientific purposes, those who are directly and indirectly responsible for animals, as well as those who supply animals for scientific purposes.
The Act sets an expectation and standard of behaviour for how we treat animals.
The proposed changes would better align South Australia with some of the leading states and territories for animal welfare protection.
That said, whether you have fur-babies at home, or you work in the agriculture or fishing sector, chances are that you already treat your animals well above this standard.
In fact, the feedback received throughout the consultation process showed strong support for strengthening protections for animals against activities or practices that are unacceptable or cause harm.
The proposed changes to the Act better protect animal welfare, so if you’re doing the right thing, they won’t affect you.
However, it does provide greater powers to act if someone does the wrong thing.
Yes, penalties are proposed to increase significantly.
A key theme of community and stakeholder feedback was that penalties in the current Act are too lenient to be appropriate or effective.
The proposed penalty increases, listed below, would make South Australia equal with the strongest in the nation.
The Bill also proposes more offences that are expiable, meaning a fine can be issued, rather than going to court. More offences also can be applied to businesses.
Clause | Clause subject | Penalty |
s 6(1) | General duty of care | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 |
s 7(1) | Ill-treatment of animals (aggravated offence – intentional ill-treatment of an animal that causes death or serious harm) | Maximum penalty individual: $250,000 Maximum penalty body corporate: $1,000,000 Imprisonment: 10 years |
s 7(2) | Ill-treatment of animals (aggravated offence – reckless ill-treatment of an animal that causes death or serious harm) | Maximum penalty individual: $175,000 Maximum penalty body corporate: $750,000 Imprisonment: 7 years |
s 7(3) | Ill-treatment of animals (lesser offence) | Maximum penalty individual: $100,000 Maximum penalty body corporate: $500,000 Imprisonment: 5 years |
s 8(1) | Causing death or serious harm to working animals (including a police dog or horse, a correctional services dog or assistance dog) | Maximum penalty individual: $500,000 Imprisonment: 10 years |
s 9(1) | Prohibited activities (taking part) | Maximum penalty individual: $250,000 Maximum penalty body corporate: $1,000,000 Imprisonment: 10 years |
s 9(2) | Prohibited activities (being present) | Maximum penalty individual: $100,000 Maximum penalty body corporate: $500,000 Imprisonment: 5 years |
s 10(1) | Possession of certain items prohibited | Maximum penalty individual: $250,000 Maximum penalty body corporate: $1,000,000 Imprisonment: 10 years |
s 11(1) | Electrical devices not to be used in contravention of regulations | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 12(1) | Jumps racing prohibited | Maximum penalty individual: $100,000 Maximum penalty body corporate: $500,000 Imprisonment: 5 years |
s 13(1) | Special requirements for greyhound racing entities | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 17(1) | Requirement to hold licence | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 21(4) | Conditions of licence (designated) | Maximum penalty individual: $10,000 Maximum penalty body corporate: $50,000 Expiation fee: $500 |
s 21(5) | Conditions of licence (non-designated) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 23(1) | Notification of change in circumstances (licensee name/address) | Maximum penalty individual: $10,000 Maximum penalty body corporate: $50,000 Expiation fee: $500 |
s 23(2) | Notification of change in circumstances (responsible person name/address) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 25(1) | Permits for prescribed activities and items (not organise, conduct, promote activity without permit) – | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 25(2) | Permits for prescribed activities and items (not have in possession or control item without permit) | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 25(7) | Permits for prescribed activities and items (contravenes a condition of permit) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 27(1) | Activity that must be registered | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
S 31(4) | Conditions of registration (contravenes a condition of registration) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 33(2) | Animal ethics committees (applicant does not inform of details of presiding member) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 33(6) | Animal ethics committees (presiding member is guilty if AEC contravenes) | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 36(6) | Identification of Authorised Officers (returning ID card) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 40(2) | Animal welfare notices (not comply with) | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 41(2) | Notice to comply (not comply with) | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 42 | Offence to hinder etc. authorised officers | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 43(2) | Enforceable undertakings (not comply with) | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 Expiation fee: $1,500 |
s 50(3) | Interim orders (not complying with orders) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 |
s 51(2) | Court orders on finding of guilt etc. (not complying with orders) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 |
s 59(6) | Registration of interstate orders (not complying with orders) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 |
s 62 | Ministerial exemption (contravening an exemption) | Maximum penalty individual: $20,000 Maximum penalty body corporate: $100,000 Expiation fee: $1,000 |
s 64 | False or misleading statements | Maximum penalty individual: $50,000 Maximum penalty body corporate: $250,000 |
A consultation report has been prepared, summarising what was heard through the latest consultation process and what changes to the draft Bill were made.
The Bill will be debated in Parliament. This may mean further changes are made to its contents.
