Purpose:

This Act promotes animal welfare and provides for related matters.

Objectives:

• To establish the Animal Welfare Advisory Committee.
• To define and prohibit animal welfare offences, including ill-treatment, prohibited activities, and jumps racing.
• To regulate the use of animals for teaching and research through a licensing system.
• To establish and define the functions of Animal Ethics Committees for teaching and research involving animals.
• To provide enforcement powers for inspectors.
• To allow for the making of regulations and codes of practice related to animal welfare and husbandry.

Key Provisions:

• Prohibition of ill-treatment of animals, including failure to provide adequate care, abandonment, neglect, and causing unnecessary harm or pain during killing.
• Prohibition of certain activities such as organised animal fights, live baiting, releasing animals for hunting, and jumps racing.
• Requirement for a licence to use animals for teaching or research purposes, with conditions that may include establishing an Animal Ethics Committee and complying with the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes.
• Establishment of the Animal Welfare Advisory Committee to advise the Minister and develop codes of practice.
• Appointment of inspectors with powers to enter premises, seize animals, and issue animal welfare notices.
• Requirement for a permit to conduct rodeos.
• Prohibition of possession of certain items related to animal fighting or live baiting without ministerial approval.
• Provisions for penalties for offences, including for bodies corporate and employers, and for continuing offences.

Evidence of Compliance Requirements For Agricultural Organisations:

• Duty to Provide Adequate Care: Owners of animals must provide appropriate and adequate food, water, living conditions (whether temporary or permanent), and exercise. Evidence would be the maintenance of these conditions and resources.
• Duty to Mitigate Harm: Owners must take reasonable steps to mitigate harm suffered by their animals. This requires documented practices for animal health and welfare management.
• Prohibition of Abandonment/Neglect: Owners must not abandon the animal or neglect the animal so as to cause it harm. Evidence of continuous care or documented transfer of ownership is required.
• Compliance with Procedures: Any medical or surgical procedures on animals must be carried out in contravention of the regulations. Compliance records for veterinary procedures or other animal health interventions are needed.
• Vehicle Accident Reporting: If an animal is injured in an accident involving a vehicle, the person in charge of the vehicle must take such steps as are reasonably practicable to inform the owner of the animal that it was injured. Where the owner cannot be contacted, an inspector must be informed within 24 hours of the accident occurring. Documentation of contact attempts or notification to an inspector is required.
• Compliance with Animal Welfare Notices: If an inspector issues a written animal welfare notice, the owner of the animal must comply with the directions or requirements set out in the notice within the time specified. This includes providing food, water, shelter, rest, treatment, ensuring the animal is not worked or used for a specified period, ensuring the animal is exercised, or taking other actions for welfare improvement. Records of actions taken to comply with the notice are necessary.
• Cooperation with Inspectors: Organisations must not hinder or obstruct an inspector or their assistant, and must not refuse or fail to comply with a requirement or direction of an inspector. They must answer questions to the best of their knowledge, information, and belief and provide their full name and usual place of residence and evidence of identity if reasonably suspected of an offence. Records of documents or information produced upon inspector request are advisable.
• Routine Inspection Facilitation: For routine inspections, organisations should allow an inspector to conduct the inspection after reasonable notice (unless an animal welfare notice or order is in force). They must give the occupier or owner (or their nominee) a reasonable opportunity to accompany the inspector throughout the inspection and take steps to minimise adverse effects on business. No specific documentation required beyond facilitating the inspection.
• Prohibition of Prohibited Activities: Organisations must not take part in or be present at organised animal fights, live baiting, or the release of animals from captivity for hunting/killing. They must not sell or supply animals for such purposes, or keep/prepare animals for such purposes. They must not organise, promote, or participate in jumps racing. Evidence would be the absence of such activities on premises, and the lack of possession of prohibited items.
• Prohibition of Possession of Certain Items: Organisations must not, without approval from the Minister, possess cock-fighting spurs, implements for training/inciting/protecting animals in fights, certain drugs for inciting fights, or lures/bait (carcass/part of animal) for live baiting. Any such items must be absent from the premises unless Ministerial approval (documented) is held.
• Permit for Rodeos: An organisation must obtain a permit from the Minister to conduct a rodeo. Applications must be made in the prescribed manner and form, and accompanied by the prescribed fee. Compliance includes holding a valid permit with specified term and conditions, and adhering to all conditions of the permit. Documentation of permit application, issuance, and compliance with conditions is required.
• Prohibition of False/Misleading Statements: Organisations must not make statements that are false or misleading in a material particular in any application or information provided under the Act. All submitted information must be accurate and truthful.
• Adherence to Prescribed Codes of Animal Husbandry Practice: Actions taken in accordance with a prescribed code of animal husbandry practice are lawful. Organisations should maintain documentation of adherence to relevant prescribed codes.
• Record-Keeping for Inspector Access: Inspectors may require a person to produce a document, including a written record that reproduces in an understandable form information stored by computer, microfilm or other process. Organisations should maintain accessible records for their animal-related activities.
• Public Inspection of Codes of Practice: Where a code is incorporated into or referred to in the Act or regulations, a copy of the code must be kept available for inspection by members of the public, without charge and during normal office hours, at an office determined by the Minister. This requires ensuring the relevant codes are physically available at the designated office.
• Liability of Bodies Corporate/Employers: Members of the governing body of a body corporate can be held liable for offences committed by the body corporate, and employers can be held liable for offences committed by employees, unless due diligence to prevent the offence can be proven. This implies a need for documented due diligence procedures, training, and oversight mechanisms.

Metadata Keywords:

Animal Welfare, South Australia, Legislation, Animal Cruelty, Animal Ethics, Livestock, Rodeos, Compliance, Animal Husbandry.

Publication Information:

Publication date: 14.7.2023 Version number: Not specified in document.

Agricultural Industry Alignment:

Beef & Veal, Chicken, Dairy, Eggs, Pig, Sheep Meat, Wool.

Date Added to database:

This document was parsed and added to the database on 25-07-2025

URL:

https://www.legislation.sa.gov.au/__legislation/lz/c/a/animal%20welfare%20act%201985/current/1985.106.auth.pdf →