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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-02-18 Daily Xml
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Summary Offences (Trespass on Primary Production Premises) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (15:30): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, today I introduce a Bill that would create a new aggravated offence in the Summary Offences Act 1953 with significant penalties for trespass on primary production premises, and also increase the existing penalties for trespass-related offending on primary production premises.

Across the country, there has been a surge in anti-farm activism. While South Australia has remained somewhat protected from this activism, our farmers have experienced trespass, halting primary production and impacting on their ability to manage their farms.

Those who seek to be negligent and damaging to our farmers and primary producers must take responsibility for their actions, and their impact on our local farmers.

South Australia's primary industries are a vital part of our state's economy. Spread across the state, South Australia's grains, livestock, horticulture, wine, seafood, forests and dairy sectors are a significant contributor to our exports.

Maintaining food safety and product security is integral for SA to grow its competitive advantage in global markets.

Numerically, in 2017–18, primary industries and agribusiness supported 152,000 jobs and contributed $19.7 billion to the state's economy. Regional South Australia, where many of our primary producers are, contributes about $25 billion to the state's economy with just 29% of the state's population.

This Bill goes a small way to protecting our produce, and our growth, for a long term and sustainable future.

Generally speaking, the new aggravated offence in the Bill will penalise a person who has entered or is present on primary production premises for an unlawful purpose or without lawful excuse and, while on the land:

interferes with, or attempts or intends to interfere with, primary production activities;

is accompanied by two or more persons;

does anything that gives rise to a serious risk to the safety of the person or any other person on the premises;

does anything that involves, or gives rise to a risk of, the introduction, spread or increase of a disease or pest or the contamination of any substance or thing;

gives rise to any other risk, or kind of risk, related to primary production activities prescribed by the regulations; or

intentionally causes, or is recklessly indifferent as to whether they cause, damage to an operation or activity connected to the primary production activities at the premises.

Primary production premises in the Bill means premises used for the purpose of primary production activities, which itself is defined to mean:

agricultural, pastoral, horticultural, viticultural, forestry or apicultural activities;

poultry farming, dairy farming or any business that consists of the cultivation of soils, the gathering of crops or the rearing or processing of livestock;

commercial fishing, aquaculture or the propagation or harvesting of fish or other aquatic organisms for the purposes of aquaculture; and

an activity prescribed by regulation.

The maximum penalty in the Bill for the new aggravated trespass offence will be $10,000 or 12 months imprisonment (or two years imprisonment where the trespass is for the commission of an offence punishable by a maximum term of imprisonment of two years or more).

Where a person is found guilty of the new aggravated trespass offence, the Court must also award the primary producer compensation against the defendant, except for where exceptional circumstances exist. This is a new requirement under the Bill that ensures any commercial loss or damage experienced by the primary producer is appropriately compensated.

Putting the possible loss of primary produce in figures, the overseas export of South Australian food accounted for $3.97 billion, or 33% of the state's total merchandise exports in 2017–18. Of this $3.97 billion, field crops accounted for $2.14 billion, followed by livestock and dairy with $1.22 billion, horticulture with $306 million and seafood with $238 million.

Where the trespass occurs on primary production premises in non-aggravated circumstances, the maximum penalties are $5,000 or six months imprisonment (or two years imprisonment where the trespass is for the commission of an offence punishable by a maximum term of imprisonment of two years or more).

This fine is double that of the current law.

These penalties are to be contrasted with the existing penalty for the general trespass offence under section 17 of the Summary Offences Act, which is $2500 or imprisonment for six months (or two years imprisonment where the trespass is for the commission of an offence punishable by a maximum term of imprisonment of two years or more). These penalties would not be changed where the trespass occurs on non-primary production premises.

The Bill increases the penalty for the related section 17A offence to $5,000 or imprisonment for six months where the relevant premises are primary production premises—a fine again double that of the law as it currently stands.

The Bill also increases the maximum penalties for the offences in section 17B (interference with farm gates) and section 17C (disturbing farm animals), which are both currently just $750.

The Bill increases the section 17B penalty to $1,500 and introduces an expiation fee of $375 for that offence. The section 17B offence is also extended to include removing or disabling a gate on or leading to the land, interference with fences that allows animals to escape confinement, and to specify that a gate includes a cattle grid or any moveable thing used to enclose land, including a slip panel or moveable fence.

I particularly thank groups involved in roundtables lead by Primary Industries SA for this important contribution to ensure fences, and other enclosures are also covered by the Bill.

The Bill provides for a maximum penalty of $2,500 or a maximum term of imprisonment of six months for the section 17C offence of disturbing farm animals while trespassing. As this involves the elements of causing harm to the animal or loss or inconvenience to the farmer, a proportionally larger penalty is warranted.

South Australia has a global reputation for producing world-leading food and produce for local consumption and international export.

While we have remained reasonably protected from activism and farm disruption seen increasingly interstate, we must not be complacent. South Australia simply cannot continue to thrive with any major processing, farming or producing disruption.

Quite simply, maintaining and growing our farm gate value is crucial to Growing SA. This cannot be done with the possible implications of activists, outside the course of the Animal Welfare Act, disrupting production and risking biosecurity and animal security.

This is important reform impacting on each and every South Australian, and will lead the nation on work being done with the Commonwealth Attorney-General. I look forward to working with the whole Parliament to see the speedy passage of this Bill and for greater protections to be available for our primary producers.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Summary Offences Act 1953

4—Amendment of section 4—Interpretation

This clause inserts a definition of primary production activities into the principal Act.

5—Amendment of section 17—Being on premises for an unlawful purpose

This clause establishes a new offence of being on primary production premises for an unlawful purpose or without lawful excuse.

The clause sets out the circumstances in which a person commits the offence in aggravated circumstances.

6—Amendment of section 17A—Trespassers on premises

This clause creates a new penalty for an offence against section 17A for trespass on primary production premises.

7—Amendment of section 17B—Interference with gates and fences

This clause amends section 17B of the principal Act to add the following further limbs to the existing offence under that section:

(a) to remove or disable a gate on or leading to land; or

(b) to interfere with any part of a fence on or immediately surrounding the land in specified circumstances.

8—Amendment of section 17C—Disturbance of farm animals

This clause substitutes the penalty provision in section 17C of the principal Act.

Debate adjourned on motion of Hon. I.K. Hunter.

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