People who mistreat animals face tougher penalties, including fines of up to $250,000 or 10 years jail, as part of the state government’s commitment to strengthen the Animal Welfare Act.

Penalties would significantly increase on the current $50,000 maximum fine or four years in jail for the aggravated ill-treatment of an animal.

Corporations found guilty of mistreating animals would risk fines of up to $1 million as part of reforms to the Act, which was last updated in 2008.

The proposed changes also include a new ‘duty of care’ provision that requires owners to provide animals with a minimum level of care, such as adequate food and water.

This provision aims to create opportunities for authorities to address neglect prior to an animal being harmed.

While recreational and commercial fishing remain unaffected by the changes, South Australia would recognise fish as animals under the Act, joining most other states. 

This is designed to stop deliberate cruelty like cutting the fins off live sharks.

There are also changes to recognise interstate animal cruelty bans so offenders can’t just move to SA and, for example, set up a breeding kennel.

Other proposed changes to the Act include:

• Recognising that animals experience pain and fear.
• Improving regulation, oversight and transparency of animal research.
• Updating the governance and role of the Animal Welfare Advisory Committee.

More than 1000 people helped inform the proposed reforms via community consultation undertaken in 2023.

Marcus Gehrig is the CEO of RSPCA SA, the only organisation empowered to enforce the Animal Welfare Act.

“RSPCA is encouraged by this important review and we look forward to reading the draft.

“We understand that many of the recommendations RSPCA had in its submission have been incorporated.

‘We anticipate that under the new Act, our Inspectors will have authority to take early action.

“We encourage all South Australians who share our passion for animal welfare to take the time to read this draft and have their say on these vital legal reforms.”

People can now have their say on the proposed changes to the Act via YourSAy. 

Submissions close Sunday 19 May; the final Bill will be tabled in parliament later this year.