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📜 Animal Welfare and Trespass Legislation Amendment Bill 2020

Legislative Council Second ReadingLABill 19624 June 2020

This bill amends the Animal Welfare Act 2002 to create designated inspectors and amends the Criminal Code and Restraining Orders Act 1997 regarding trespass on animal source food production facilities.

Impact

Farmers and animal welfare advocates are affected. It matters because it changes inspection powers and protections against trespass.

Key Changes

["Creates 'designated inspectors' with specific powers under the Animal Welfare Act.", "Amends the Criminal Code to address trespass on animal source food production places.", "Amends the Restraining Orders Act 1997 in relation to trespass."]

Parliamentary Progress

LA Second Reading MovedLA24 June 2020
LA IntroducedLA24 June 2020
LA Consideration in DetailLA17 Sept 2020
LA AmendedLA17 Sept 2020
LC AmendedLC17 Sept 2020
LA Second Reading AgreedLA17 Sept 2020
LA Third ReadingLA22 Sept 2020
LC Second Reading MovedLC23 Sept 2020

Affected Sectors

agriculturejustice

Penalty Provisions3 found

💰 Max fine: $24,000🔒 Max imprisonment: 2 yearscriminal

Section 70A(2)Criminalboth

A person who, without lawful excuse, trespasses on a place commits an offence.

Fine: $12,000Imprisonment: 12 months

“(2) A person who, without lawful excuse, trespasses on a place commits an offence. Penalty for this subsection: imprisonment for 12 months and a fine of $12 000.”

Section 70A(2A)Criminalboth

A person who, without lawful excuse, trespasses on an animal source food production place, in circumstances of aggravation, commits an offence.

Fine: $24,000Imprisonment: 2 years

“(2A) A person who, without lawful excuse, trespasses on an animal source food production place, in circumstances of aggravation, commits an offence. Penalty for this subsection: imprisonment for 2 years and a fine of $24 000.”

Section 70A(2B)Criminalboth

If a court sentencing an adult offender for an offence under subsection (2A) does not impose a term of imprisonment then, except as provided in subsection (2C) and despite the Sentencing Act 1995, the court must impose a community order and a fine.

Fine: $2,400

“(2B) If a court sentencing an adult offender for an offence under subsection (2A) does not impose a term of imprisonment then, except as provided in subsection (2C) and despite the Sentencing Act 1995, the court must impose — (a) a community order under the Sentencing Act 1995 that includes — (i) a supervision requirement with a direction that the offender must not enter or remain on an animal source food production place specified, or of a kind specified, in the order; and (ii) a community service requirement; and (b) a fine of at least $2 400.”

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