Purpose:

The purpose of this Act is to provide for the protection of animal welfare and the prevention of harm to animals, recognising animals as living beings that can feel, perceive, and experience positive and negative states.

Objectives:

• To protect the welfare of animals.
• To take a proactive approach in preventing harm to, and the ill treatment of, animals.
• To improve the level of community awareness about the responsibilities of animal ownership.
• To ensure the Minister receives appropriate advice in relation to animal welfare matters.

Key Provisions:

• General Duty of Care: Establishes a duty for animal owners to provide appropriate and adequate food, water, living conditions, and to take reasonable and practicable measures to prevent or minimise harm.
• Animal Welfare Offences: Defines various offences including ill treatment of animals, causing death or serious harm to working animals, engaging in prohibited activities (e.g., organised animal fights, live baiting), possession of prohibited items, and improper use of electrical devices.
• Licensing for Prescribed Activities: Requires persons undertaking specified activities, such as breeding, keeping, or using animals for scientific purposes, to hold a licence.
• Permits for Prescribed Activities and Items: Stipulates a requirement for a permit to organise, conduct, promote, or participate in prescribed activities or to possess prescribed items.
• Registration of Activities: Mandates the registration of certain activities, including the establishment and operation of animal ethics committees.
• Enforcement Powers: Confers powers on authorised officers to conduct inspections, issue animal welfare notices and notices to comply, seize animals or other things, and enables the Minister to accept enforceable undertakings.
• Court Orders: Allows courts to issue interim orders and other orders upon finding of guilt, including orders regarding animal care, surrender, forfeiture, and prohibitions on acquiring or having custody of animals.
• Animal Welfare Fund: Establishes a fund to receive fees, penalties, and forfeited monies, to be applied towards the administration and enforcement of the Act, research, education, and other animal welfare initiatives.
• Codes of Practice: Recognises that practices in accordance with a prescribed code of practice are not rendered unlawful by the Act.

Evidence of Compliance Requirements For Agricultural Organisations:

• General Duty of Care:
  • Owners of animals must provide appropriate and adequate food, water, and living conditions, whether temporary or permanent.
  • Owners must take all reasonable and practicable measures to prevent or minimise harm to the animal.
  • Compliance can be evidenced by acting in accordance with a prescribed code of practice.
• Prohibited Activities and Items:
  • Persons must not take part in or be present at organised animal fights, live baiting, or releasing animals for hunting/killing.
  • Persons must not sell, supply, keep, or prepare an animal for such prohibited activities.
  • Persons must not, without Minister’s approval, possess prohibited items such as cock-fighting spurs, implements for animal fighting, drugs for inciting animal fights (unless veterinarian prescribed), or lures for live baiting.
• Electrical Devices:
  • Persons must not place on an animal or use an electrical device (e.g., prod, shock collar, electroimmobiliser) for confining or controlling an animal in contravention of regulations.
• Greyhound Racing Entities (if applicable to agricultural organisation):
  • Employees of a prescribed greyhound racing entity must report to the Minister any reasonable suspicion of an offence against Part 2 of the Act, formed in the course of their employment, in a manner prescribed by regulations.
• Licensing for Prescribed Activities (e.g., breeding/using animals for scientific purposes):
  • Requirement: Organisations must hold an ‘animal supplier’s licence’ for breeding and supplying animals for scientific purposes, or an ‘animal use licence’ for keeping and using animals for scientific purposes, or any other prescribed activity.
  • Application: Applications for a licence must be made in the manner and form determined by the Minister, identify the activity, be accompanied by required information/documents, and the prescribed fee.
  • Responsible Person Nomination: Non-individual applicants must nominate an individual (responsible person) who will be responsible for complying with licence conditions and obligations.
  • Licence Conditions: Licensees must comply with conditions specified by the Minister in the licence, which may include:
    • Establishing an animal ethics committee or undertaking another registered activity in accordance with Division 3.
    • Consulting with an animal ethics committee on specified matters.
    • Obtaining animal ethics committee approval before acquiring or using animals for scientific purposes.
    • Providing an animal ethics committee with requested information regarding scientific purposes involving animals.
    • Answering questions from an animal ethics committee regarding scientific purposes involving animals.
    • Complying with specified provisions of the Australian code for the care and use of animals for scientific purposes.
    • Submitting annual reports containing specified details within specified timeframes.
    • Providing information required by the Minister.
  • Renewal: Application for renewal must be made at least 1 month before expiry, in a manner/form determined by Minister, accompanied by required information/documents and the prescribed fee.
  • Notification of Changes: Licensee must provide written notice to the Minister within 14 days of a change in prescribed particulars related to the licensee (e.g., address, contact details) or the responsible person.
• Permits for Prescribed Activities/Items:
  • Requirement: Organisations must hold a permit for prescribed activities or possession of prescribed items.
  • Application: Application must be made to the Minister in the prescribed manner and form, accompanied by required information/documents and the prescribed fee.
  • Permit Conditions: Permit holders must comply with specified conditions.
• Registration of Activities (e.g., establishing/operating an animal ethics committee):
  • Requirement: Organisations must be registered to conduct activities such as the establishment and operation of an animal ethics committee for approving licensee activities, or any other prescribed activity.
  • Application: Application for registration must be made in a manner and form determined by the Minister, identify the activity, be accompanied by required information/documents, and the prescribed application fee.
  • Responsible Person Nomination: Non-individual applicants must nominate an individual (responsible person) who will be responsible for complying with registration conditions and legal requirements.
  • Registration Conditions: Registered persons/organisations must comply with conditions, which may include:
    • Conducting an independent external review within a specified timeframe.
    • Submitting annual reports containing specified details within specified timeframes.
    • Providing information required by the Minister.
  • Animal Ethics Committees (if registered):
    • Must consist of at least 4 members appointed in compliance with the Australian code for the care and use of animals for scientific purposes.
    • Applicant must ensure the Minister is advised of the name and address of the presiding member of the committee.
    • Committee must ensure animals used for scientific purposes are treated humanely and relevant regulations are complied with.
    • Committee must approve the use and acquisition of animals for scientific purposes by licence holders, only if satisfied the use is essential and the person has appropriate experience/qualifications.
    • Committee must furnish annual reports in accordance with regulations.
    • Committee must perform functions and conduct business in compliance with the Code.
  • Renewal: Application for renewal must be delivered to the Minister at least 1 month before expiry, in a manner/form determined by Minister, accompanied by required information/documents and the prescribed application fee.
  • Notification of Changes: Applicant must give written notice to the Minister within 14 days of a change in prescribed particulars related to the applicant, the responsible person, or the presiding member of an animal ethics committee.
  • Notification of Committee Membership Changes: Applicant for an animal ethics committee must notify the Minister in writing within 30 days of a change in committee membership.
• Compliance with Notices and Undertakings:
  • Animal Welfare Notices: Owners of animals must comply with directions or requirements in an animal welfare notice (e.g., providing food, water, shelter, treatment; ensuring animal is not worked; exercising animal) within the specified time. Failure to comply may result in seizure and forfeiture of animals.
  • Notice to Comply: Persons must comply with directions in a notice to comply (e.g., taking or ceasing specified action) within a specified period. Failure to comply may result in seizure and forfeiture of animals.
  • Enforceable Undertakings: Persons who consent to an enforceable undertaking must comply with its terms within the specified time. Failure to comply may result in seizure and forfeiture of animals.
• Cooperation with Authorised Officers:
  • Not to hinder or obstruct authorised officers or their assistants in exercising powers.
  • To comply with requirements or directions of authorised officers.
  • To answer questions to the best of knowledge, information, and belief when required by an authorised officer.
  • To produce documents (including computer records), provide copies, or produce licences/permits/approvals for inspection when required.
  • To give assistance reasonably required by an authorised officer for effective exercise of powers (e.g., by occupier of premises or person in charge of vehicle/animal).
• Inspections:
  • For routine inspections without suspicion of an offence, authorised officers must give at least 24 hours notice to the occupier/owner.
  • Occupier/owner or their nominee must be given a reasonable opportunity to accompany the authorised officer during the inspection.
  • Authorised officers must minimise any adverse effect of the inspection on the business or activities.
• False or Misleading Statements:
  • Persons must not make false or misleading statements in any application or information provided under this Act.
• Compliance with Court Orders:
  • Persons must comply with any interim orders or court orders made on finding of guilt, which may include orders related to animal care, surrender of animals, forfeiture of animals or property, or prohibitions on acquiring or having custody of animals.
  • Payment of compensation or costs related to working animals if ordered by a court.
• Record Keeping:
  • Licensees may be required to submit annual reports (Section 21(2)(g)).
  • Registered activities may require submitting annual reports (Section 31(2)(b)).
  • Animal ethics committees are required to furnish annual reports (Section 33(3)(d)).
• Inspection or Audit Requirements:
  • Authorised officers have general powers of entry, search, and seizure, and may require production of documents and information for administration and enforcement (Section 37).
  • Routine inspections can be conducted (Section 39).
  • Registered activities may be subject to a condition requiring an independent external review within a specified timeframe (Section 31(2)(a)).

Metadata Keywords:

Animal welfare, Legislation, Agriculture, South Australia, Compliance, Livestock, Scientific purposes, Licensing, Enforcement, Animal ethics

Publication Information:

Publication date and version number if available: Version: 27.2.2025—Act uncommenced

Agricultural Industry Alignment:

Beef & Veal, Chicken, Dairy, Eggs, Fisheries, Forestry, Horticulture, Pig, Sheep Meat

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://www.legislation.sa.gov.au/__legislation/lz/c/a/animal%20welfare%20act%202025/current/2025.8.auth.pdf →