Animal Welfare (Live Baiting) Amendment Bill

Introduction and First Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:12): Obtained leave and introduced a bill for an act to amend the Animal Welfare Act 1985. Read a first time.

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:12): I move:

That this bill be now read a second time.

On 16 February 2015 the Australian Broadcasting Corporation (the ABC) aired an episode of Four Corners entitled 'Making a Killing' which exposed the practice of live baiting in the greyhound racing industry. The footage depicted greyhound trainers in Queensland, New South Wales and Victoria using animals tied onto lures to train greyhounds.

Whilst there has been no evidence of live baiting in South Australia, the government has made it very clear to the greyhound racing industry that live baiting will not be tolerated. The RSPCA and Greyhound Racing SA both strongly condemn this practice and rightly consider that it has no place in the sport. There is no evidence that the practice occurs in South Australia but, conversely, there is no assurance that it does not.

The practice of live baiting is not only inhumane and in total contravention of the rules of racing, but it is also illegal under section 13(3)(f) of the Animal Welfare Act 1985 which states that a person ill-treats an animal if the person 'causes the animal to be killed or injured by another animal'. This existing offence is punishable by penalties of up to $50,000 or four years' imprisonment.

However, there are no current offences for activities associated with live baiting such as supplying the animals to be the bait, providing the venue, or being present at one of these so-called training sessions. To create an offence for these associated activities, the bill amends section 14 of the act, which currently provides offences for activities associated with organised animal fights, cock fighting and dog fighting, to prohibit certain activities. The prohibited activities include organised animal fights as well as live baiting.

The maximum penalty for the current offence of taking part in organising or promoting an organised animal fight is $20,000 or imprisonment for two years. To send a clear message that these activities will not be tolerated, the bill sets the maximum penalty for the new offence for taking part in a prohibited activity at $50,000 or imprisonment for four years. The current provisions within section 14 relating to the paraphernalia required for organised animal fights will be moved into a new section 14A and expanded to include being in possession of a lure with a live or dead animal or part thereof attached to it. However, animal products are specifically excluded from the prohibition to avoid the unintended consequence of someone using a leather strap to attach a stuffed toy to a lure and therefore using 'part of a carcass'.

These amendments will assist animal welfare inspectors in laying charges against those who are either directly responsible for tying the animal to the lure or those who assist or otherwise participate (for example, providing rabbits, possums and piglets for the purpose of live baiting). Currently, these people have not committed an offence, although they are complicit in one. Their behaviours are as unacceptable as those who support organised fights but do not personally place the dog or cock into the fighting pit.

These amendments will give the public confidence that, if live baiting is occurring in South Australia, the authorities have the necessary legislative provisions to stop it and to punish anyone who is involved in the practice in any way. I commend the bill to members and seek leave to have the explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Animal Welfare Act 1985

4—Amendment of section 13—Ill treatment of animals

This clause makes a consequential amendment to section 13 of the principal Act.

5—Substitution of section 14

This clause substitutes section 14 of the principal Act to create offences relating to taking part in, or being present at, a prohibited activity. The categories of prohibited activity subsume the prohibitions related to organised animal fights in the current section 14, and include a new category of live baiting, which is defined in proposed subsection (8). The new section also makes evidentiary provision in relation to proving offences.

The clause also inserts new section 14A into the principal Act. The new section is largely consequential, and amounts to a shifting of the existing offence out of current section 14. It does, however, add an additional class of items of which possession is an offence, namely lures or baits and other items used in live baiting.

Debate adjourned on motion of Hon. T.J. Stephens.