Anyone convicted of serious or extreme animal cruelty charges could now face lifetime mandatory bans after some of the country's toughest penalties were passed through parliament.
The Prevention of Cruelty to Animals Act Amendment Bill 2021 (POCTAA), introduced by Agriculture Minister Adam Marshall, will see up to an eight-fold increase for financial penalties and gaol time "to bring it into line with what the community expects".
"It's critical that primary producers continue to be given the same powers to run their stock as they do now, and this bill protects that right," Mr Marshall said.
"I cannot be any clearer that the bill does not target any specific industry - not farmers or pet owners.
"It doesn't create new powers, but rather underscores the fact that animal cruelty is unacceptable.
"There is no increased risk of farmers having their stock seized, but rather gives courts the same powers that already exist with enforcement agencies to work with people if welfare concerns exist."
Under the new amendment there will be the following changes:
- Cruelty: increased from $5500 fine (current) to $44,000 and/or 12 months imprisonment for individuals and $220,000 for corporations for each individual act of cruelty;
- Aggravated Cruelty: increased from $22,000 fine (current) to $110,000 and/or two years imprisonment for individuals and $550,000 for corporations for each individual act;
- Fail to provide food and shelter: Increased from $5500 fine (current) to $16,500 and/or six months imprisonment for individuals and $82,500 for corporations for each individual act.
NSW Farmers' president James Jackson said he had no issues with updating the penalties for people convicted of animal cruelty.
But he had concerns that the amendments could compromise the functionality and the ability of the stock welfare panel, which was a collaboration of industry representatives, to resolve issues before they go to court in a timely manner.
"Theses panels are world's best practice when it comes to animal welfare issues, there are people all over the world looking at this model and it works quite well," Mr Jackson said.
Under this new amendment, the courts will have same power as the stock welfare panel, which they haven't had before.
Cases will be referred to the courts by an enforcement agency such as NSW Police or RSPCA.
Emma Hurst from the NSW Animal Justice Party now urges other states to follow in NSW's footsteps, to crack down and introduce the same protective mandatory, lifetime animal bans across Australia.
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