Animal Welfare and Trespass Legislation Amendment Bill 2020 · Animal Welfare and Trespass Legislation Amendment Bill 2020 Part 1 Preliminary s. 1 page 2 Consultation Draft 1 Part

Consultation Draft page i

Western Australia

Animal Welfare and Trespass Legislation

Amendment Bill 2020

Contents

Part 1 — Preliminary

1. Short title 2 2. Commencement 2

Part 2 — Animal Welfare Act 2002

amended

3. Act amended 3

Part 1 — Preliminary

1. Short title 3 2. Commencement 3 3. Content and intent 3 4. Act binds the Crown 4 5. Terms used 4

Part 4 — Inspectors

Division 1 — Appointment of inspectors 33. Appointment of general inspectors 7 34. Appointment of scientific inspectors 8 35. Restricted appointments 9 35A. Designated inspectors 10 36. Identification card 11

Division 2 — Functions and powers of

inspectors 36A. Terms used 11 37. Functions and powers of inspectors 12 38. Power to enter a place 13 39. Power to enter vehicles 15

Animal Welfare and Trespass Legislation Amendment Bill 2020

Contents

page ii Consultation Draft

40. Care of animals 16 41. Humane destruction of animals 16 42. Seizure of animals 17 43. Seizure of other property 17 44. Dealing with seized property 17 45. Dealing with seized fauna 19 46. Power to require information 19 47. Other powers of inspectors 20 48. Performance of an inspector’s functions 21

Part 3 — The Criminal Code

amended

4. Act amended 23 70A. Trespass 23

Part 4 — Restraining Orders Act

1997 amended

5. Act amended 27 5. Term used: family order 27

Part 3 — Misconduct restraining

order

34. Grounds for misconduct restraining order 28 35. Matters to be considered by court generally 29 35A. MROs not for persons in family relationship 31 36. Restraints on respondent 32 37. Duration of MRO 33 38. Application for MRO 34 39. Registrar to fix hearing and issue summons 34

Consultation Draft page 1

Western Australia

LEGISLATIVE ASSEMBLY/COUNCIL

Animal Welfare and Trespass Legislation

Amendment Bill 2020

A Bill for

An Act:

to amend the Animal Welfare Act 2002 to make provision for

designated inspectors; and

to amend The Criminal Code and the Restraining Orders

Act 1997 to make provisions relating to trespass on a place

where animal source food production is carried out.

The Parliament of Western Australia enacts as follows:


Part 1 Preliminary

s. 1

page 2 Consultation Draft

Part 1 — Preliminary 1

1. Short title 2

This is the Animal Welfare and Trespass Legislation 3

Amendment Act 2020. 4

2. Commencement 5

This Act comes into operation as follows — 6

(a) Part 1— on the day on which this Act receives the Royal 7

Assent; 8

(b) the rest of the Act — on the 14th

day after that day. 9


Animal Welfare Act 2002 amended Part 2

s. 3


Part 2 — Animal Welfare Act 2002 amended 1

3. Act amended 2

This Part amends the Animal Welfare Act 2002. 3

[The following text is Part 1 and Part 4 Divisions 1 and 2 of the Animal 4

Welfare Act 2002 showing proposed amendments in track changes. A 5

formal amending instrument will be drafted at a later stage.] 6

Part 1 — Preliminary 7

1. Short title 8

This Act may be cited as the Animal Welfare Act 2002 1

. 9

2. Commencement 10

(1) This Act comes into operation on a day fixed by proclamation 1

. 11

(2) Different days may be fixed under subsection (1) for different 12

provisions. 13

3. Content and intent 14

(1) This Act provides for the protection of animals by — 15

(aa) regulating the conduct of people in relation to animals, 16

including the manner in which animals are treated, cared 17

for and managed; and 18

(a) regulating the people who may use animals for scientific 19

purposes, and the manner in which they may be used; 20

and 21

(b) prohibiting cruelty to, and other inhumane or improper 22

treatment of, animals. 23

(2) This Act intends to — 24

(a) promote and protect the welfare, safety and health of 25

animals; and 26


Part 2 Animal Welfare Act 2002 amended

s. 3


(b) ensure the proper and humane care and management of 1

all animals in accordance with generally accepted 2

standards; and 3

(c) reflect the community’s expectation that people who are 4

in charge of animals will ensure that they are properly 5

treated and cared for. 6

[Section 3 amended: No. 35 of 2018 s. 4.] 7

4. Act binds the Crown 8

This Act binds the Crown in right of the State and, so far as the 9

legislative power of Parliament permits, in all its other 10

capacities. 11

5. Terms used 12

(1) In this Act — 13

Agriculture WA means the department of the Public Service 14

principally assisting with the administration of the Biosecurity 15

and Agriculture Management Act 2007; 16

animal means — 17

(a) a live vertebrate; or 18

(b) a live invertebrate of a prescribed kind, 19

other than a human or a fish (as defined in the Fish Resources 20

Management Act 1994); 21

animal ethics committee means an animal ethics committee 22

established by a scientific establishment in accordance with the 23

scientific use code; 24

Biodiversity Conservation Department means the department 25

of the Public Service principally assisting with the 26

administration of the Biodiversity Conservation Act 2016; 27

CEO means the chief executive officer of the Department; 28

code of practice means a code of practice adopted under 29

section 94(2)(d); 30



s. 3


Department means the department of the Public Service 1

principally assisting the Minister in the administration of this 2

Act; 3

designated inspector means a general inspector designated 4

under section 35A(1) as a designated inspector; 5

fauna has the meaning given in the Biodiversity Conservation 6

Act 2016 section 5(1); 7

Fisheries Western Australia means the department of the 8

Public Service principally assisting with the administration of 9

the Fish Resources Management Act 1994; 10

general inspector means a police officer or a person appointed 11

as a general inspector under section 33; 12

harm includes — 13

(a) injury; and 14

(b) pain; and 15

(c) distress evidenced by severe, abnormal physiological or 16

behavioural reactions; 17

inspector means a general inspector or a scientific inspector; 18

lawfully taken, in relation to fauna, means taken in 19

circumstances that do not involve a contravention of the 20

Biodiversity Conservation Act 2016 or any other written law; 21

licence means a licence issued under Part 2; 22

non-residential place — 23

(a) means any place except a building, vehicle or other 24

structure in which a person ordinarily lives; and 25

(b) includes gardens, yards or other land surrounding, and 26

sheds or other outbuildings near, such a building or 27

other structure; 28

person in charge, in relation to an animal, means — 29

(a) the owner of the animal; or 30

(b) a person who has actual physical custody or control of 31

the animal; or 32



s. 3


(c) if the person referred to in paragraph (b) is a member of 1

staff of another person, that other person; or 2

(d) the owner or occupier of the place or vehicle where the 3

animal is or was at the relevant time; 4

place means anywhere at all, whether or not that place can be 5

moved, but does not include a vehicle; 6

RSPCA means The Royal Society for the Prevention of Cruelty 7

to Animals, Western Australia (Incorporated); 8

scientific establishment means a person who uses, or whose 9

staff or students use, animals for scientific purposes; 10

scientific inspector means a person appointed as a scientific 11

inspector under section 33(5) or 34; 12

scientific purposes means acquiring, developing or 13

demonstrating knowledge or techniques in a scientific 14

discipline, other than in prescribed circumstances, and 15

includes — 16

(a) teaching; and 17

(b) research; and 18

(c) product development or testing; and 19

(d) carrying out a prescribed activity; 20

scientific use code means the prescribed code of practice for the 21

care and use of animals for scientific purposes; 22

staff , in relation to a person, includes — 23

(a) all the people working for, or engaged by, that person 24

whether as officers, employees, agents, contractors, 25

volunteers or in any other capacity; and 26

(b) if the person is a scientific establishment, all the people 27

who use the establishment’s facilities for scientific 28

purposes; and 29

(c) if the person is a body corporate, its directors, secretary 30

and executive officers; and 31

(d) if the person is a partnership, the partners; 32



s. 3


vehicle includes a train, vessel, aircraft and any other thing used 1

as a means of transport; 2

veterinary surgeon means a veterinary surgeon registered under 3

the Veterinary Surgeons Act 1960. 4

(1A) In this Act unless the contrary intention appears a reference to 5

Part 3 includes a reference to regulations referred to in 6

section 18B. 7

(2) Regulations cannot be made to prescribe pearl oysters (as 8

defined in the Pearling Act 1990) for the purposes of 9

paragraph (b) of the definition of “animal”. 10

[Section 5 amended: No. 28 of 2006 s. 352; No. 24 of 2007 s. 9; 11

No. 24 of 2016 s. 310(2) and (3); No. 35 of 2018 s. 5.] 12

Part 4 — Inspectors 13

Division 1 — Appointment of inspectors 14

33. Appointment of general inspectors 15

(1) The CEO is to appoint as general inspectors — 16

(a) those members of the staff of the RSPCA nominated by 17

the RSPCA; and 18

(b) in accordance with subsection (2), as many other people 19

whom the CEO considers to be suitably qualified or 20

experienced as the CEO considers necessary for the 21

purposes of the Act. 22

(2) The CEO may appoint under subsection (1)(b) — 23

(a) a member of the staff of — 24

(i) the Department; or 25

(ii) Agriculture WA; or 26

(iii) the Biodiversity Conservation Department; or 27

(iv) Fisheries Western Australia; or 28

(v) a local government, 29



s. 3


who is nominated by the chief executive officer of that 1

department or local government; or 2

(b) any other person whom the CEO considers it appropriate 3

to appoint. 4

(3) The terms of appointment of a general inspector are to be 5

determined by the CEO and set out in the instrument of 6

appointment. 7

(4) An appointment under subsection (1) remains in force for 8

5 years unless before then — 9

(a) the inspector (other than an inspector appointed under 10

subsection (2)(b)) ceases to be a member of the staff of 11

the RSPCA or of the department or local government 12

the chief executive officer of which nominated him or 13

her (as the case requires); or 14

(b) the inspector resigns by written notice to the CEO; or 15

(c) the appointment is revoked by the CEO. 16

(5) The CEO may appoint a general inspector as a scientific 17

inspector in relation to schools. 18

[Section 33 amended: No. 28 of 2006 s. 354; No. 24 of 2016 19

s. 310(5).] 20

34. Appointment of scientific inspectors 21

(1) The CEO is to appoint as many scientific inspectors as are 22

required for the purposes of this Act. 23

(2) The CEO may appoint under subsection (1) any person the CEO 24

considers to be suitably qualified or experienced. 25

(3) The terms of appointment of a scientific inspector are to be 26

determined by the CEO and set out in the instrument of 27

appointment. 28

(4) An appointment under subsection (1) remains in force for 29

5 years unless before then — 30

(a) the inspector resigns by written notice to the CEO; or 31



s. 3


(b) the appointment is revoked by the CEO. 1


35. Restricted appointments 3

(1) A general inspector who is an employee of a local 4

government — 5

(a) is an inspector only for the district of that local 6

government; and 7

(b) may only exercise the powers of an inspector outside 8

that district if — 9

(i) the exercise of the power relates to an offence 10

reasonably suspected to have been committed in 11

the inspector’s district; or 12

(ii) the local government of the district where the 13

power is to be exercised has authorised the 14

exercise of the power by the inspector in its 15

district; or 16

(iii) the inspector considers the situation to be an 17

emergency. 18

(2) The CEO may, by written notice, restrict the authority of an 19

inspector, other than a police officer, by limiting all or any of 20

the following — 21

(a) the functions that may be performed by the inspector; 22

(b) the — 23

(i) places where; 24

(ii) times when; 25

(iii) circumstances in which, 26

the inspector may perform the inspector’s functions. 27

(3) When the authority of an inspector is restricted under 28

subsection (2) the functions conferred on the inspector by or 29

under this Act are limited to the extent set out in the notice. 30



s. 3


(4) A restriction under subsection (2) — 1

(a) may be imposed when the inspector is appointed or at a 2

later time; and 3

(b) may be varied or cancelled by the CEO by written notice 4

to the inspector. 5


35A. Designated inspectors 7

(1) The CEO may, by written notice, designate a general inspector 8

who is a member of the staff of the Department as a designated 9

inspector. 10

(2) A designation under subsection (1) remains in force for the 11

period specified in the notice of designation unless before 12

then — 13

(a) the designation is cancelled by the CEO by written 14

notice to the inspector; or 15

(b) the inspector ceases to be a general inspector. 16

(3) The CEO may, by written notice, restrict the authority of a 17

designated inspector to exercise a power under section 38(1A) 18

or 39(1A) by limiting all or any of the following — 19

(a) the places where the power may be exercised; 20

(b) the times when the power may be exercised; 21

(c) the circumstances in which the power may be exercised. 22

(4) When the authority of a designated inspector is restricted under 23

subsection (3) the power conferred on the inspector under 24

section 38(1A) or 39(1A) is limited to the extent set out in the 25

notice. 26

(5) A restriction under subsection (3) — 27

(a) may be imposed when the inspector is designated under 28

subsection (1) or at a later time; and 29

(b) may be varied or cancelled by the CEO by written notice 30

to the inspector. 31



s. 3


36. Identification card 1

(1) The CEO is to issue an identification card to each inspector, 2

other than police officers. 3

(2) An inspector, other than a police officer, must produce his or 4

her identification card if requested to do so by a person in 5

respect of whom the inspector is about to exercise, is exercising 6

or has exercised, any of the inspector’s powers. 7

(3) A person who ceases to be an inspector must, as soon as 8

practicable, return his or her identification card to the CEO. 9


Division 2 — Functions and powers of inspectors 11

36A. Terms used 12

(1) In this Division — 13

abattoir — 14

(a) means any place used for or in connection with the 15

slaughtering of animals for sale for human consumption; 16

and 17

(b) includes a holding yard or other place used in or in 18

connection with the slaughtering of those animals; 19

animal source food production facility has the meaning given 20

in The Criminal Code section 70A; 21

externally sourced food, in relation to an animal, means food 22

that is not grown or manufactured in the building, paddock, pen, 23

yard or other structure or enclosure where the animal is 24

confined; 25

intensive production means an activity that is carried out — 26

(a) at an animal source food production facility; and 27

(b) for the purpose of, or in connection with, commercial 28

food production; and 29



s. 3


(c) that, in the ordinary course of production, involves an 1

animal being fed wholly with externally sourced food 2

(other than in an emergency or a drought); 3

intensive production place means a non-residential place where 4

intensive production is carried out; 5

knackery — 6

(a) means any place used for or in connection with the 7

slaughtering of animals for sale for animal consumption; 8

and 9

(b) includes a holding yard or other place used in or in 10

connection with the slaughtering of those animals. 11

37. Functions and powers of inspectors 12

(1) Subject to subsection (3), the functions of a general inspector 13

are — 14

(a) to enforce Part 3; and 15

(aa) if the inspector is a designated inspector, to monitor 16

compliance with Part 3, directions given under 17

section 40(1) or 47(1) and orders made under 18

section 55(1), in relation to any of the following— 19

(i) intensive production; 20

(ii) an activity carried out at an abattoir; 21

(iii) an activity carried out at a knackery; 22

and 23

(b) if the inspector has been appointed under section 33(5) 24

as a scientific inspector in relation to schools, to enforce 25

Part 2 in relation to schools (as defined in the School 26

Education Act 1999); and 27

(c) to provide assistance to scientific inspectors if requested 28

under section 48(1); and 29

(d) to provide information and assistance to the CEO in 30

relation to matters arising under this Act. 31



s. 3


(2) The functions of a scientific inspector are — 1

(a) to enforce Part 2; and 2

(b) to enforce Part 3 in relation to things done, purported to 3

be done or required under this Act to be done, under a 4

licence; and 5

(c) to provide information and assistance to the CEO in 6

relation to matters arising under this Act; and 7

(d) to provide information and assistance to the Minister in 8

relation to licensing matters. 9

(3) Subject to subsection (1)(b) and section 48(3), a general 10

inspector must not exercise the inspector’s powers in relation to 11

things done, purported to be done, or required under this Act to 12

be done, under a licence. 13

(4) A scientific inspector may only exercise the inspector’s 14

powers in relation to things done, purported to be done, or 15

required under this Act to be done, under a licence. 16


38. Power to enter a place 18

(1) An inspector may enter a place — 19

(a) with the consent of the occupier or person apparently in 20

charge of the place; or 21

(b) if a notice has been given in accordance with 22

subsection (3) and the period specified in the notice as 23

the period within which objections may be made has 24

elapsed with no objection being made; or 25

(c) under a warrant issued under section 59; or 26

(d) in the case of a place occupied by a scientific 27

establishment, at any time; or 28



s. 3


(e) in the case of any other non-residential place, if the 1

inspector reasonably suspects that an offence under 2

Part 3 — 3

(i) has been, or is being, committed at the place; or 4

(ii) is likely to be, or to continue to be, committed at 5

the place if entry is not effected. 6

(1A) In addition, a designated inspector may, for the purpose of 7

carrying out the function referred to in section 37(1aa), enter at 8

any time any of the following places — 9

(a) an intensive production place; 10

(b) an abattoir; 11

(c) a knackery. 12

(2) In order to enter a place under subsection (1)(b), (c), (d) or (e) 13

or (1A) an inspector may — 14

(a) use such force as is reasonably necessary; and 15

(b) enter any other non-residential place for the purpose of 16

reaching the place to be entered. 17

(3) An inspector wishing to enter a place may give to the owner or 18

occupier of the place a notice — 19

(a) stating that the inspector wishes to enter the place; and 20

(b) specifying the purpose for which entry is required; and 21

(c) specifying the period (being not less than 24 hours) 22

within which the owner or occupier may object to the 23

inspector. 24

(4) Where a notice has been given under subsection (3) and no 25

objection has been made to the inspector within the time 26

specified in the notice — 27

(a) the notice continues to have effect until — 28

(i) the purpose for which entry was required has 29

been effected; or 30



s. 3


(ii) 7 days after the end of the objection period 1

specified in the notice, 2

whichever occurs first; and 3

(b) successive entries for that purpose are to be regarded as 4

entries to which the notice relates. 5

39. Power to enter vehicles 6

(1) An inspector may enter a vehicle — 7

(a) with the consent of the occupier or person apparently in 8

charge of the vehicle; or 9

(b) under a warrant issued under section 59; or 10

(c) unless the vehicle is a residence, if the inspector 11

reasonably suspects that the vehicle — 12

(i) has been, or is being, used in the commission of 13

an offence under Part 3; or 14

(ii) is likely to be, or to continue to be, used in the 15

commission of an offence under Part 3 unless 16

entry is effected. 17

(1A) In addition, a designated inspector may, for the purpose of 18

carrying out the function referred to in section 37(1aa), enter a 19

vehicle that is used in relation to any of the following — 20

(a) intensive production; 21

(b) an activity carried out at an abattoir; 22

(c) an activity carried out at a knackery. 23

(2) In order to enter a vehicle under subsection (1)(b) or (c) or (1A) 24

an inspector may — 25

(a) stop and detain the vehicle for as long as is reasonably 26

necessary; and 27

(b) use such force as is reasonably necessary; and 28

(c) enter a non-residential place for the purpose of reaching 29

the vehicle. 30



s. 3


40. Care of animals 1

(1) An inspector may — 2

(a) provide to an animal; or 3

(b) direct a person in control of an animal to provide to the 4

animal, 5

any food, water, shelter, care or treatment the inspector 6

considers necessary to ensure the welfare, safety and health of 7

the animal. 8

(2) A person must comply with a direction given under 9

subsection (1)(b). 10

Penalty: $20 000 and imprisonment for one year. 11

41. Humane destruction of animals 12

(1) An inspector who reasonably believes an animal is suffering so 13

severely that destroying it would be a humane thing to do, may 14

destroy the animal in a humane manner. 15

(2) An inspector destroying an animal under subsection (1) must 16

notify — 17

(a) if the animal is fauna, the chief executive officer of the 18

Biodiversity Conservation Department; or 19

(b) otherwise a person in charge of the animal, 20

of the destruction and the reason for it — 21

(c) if it is reasonable to do so, before destroying the animal; 22

or 23

(d) otherwise, as soon as practicable after destroying the 24

animal. 25

[Section 41 amended No. 24 of 2016 s. 310(6).] 26



s. 3


42. Seizure of animals 1

(1) An inspector may seize an animal — 2

(a) if the inspector reasonably suspects that an offence 3

under Part 3 is being, or has been, committed in respect 4

of the animal; or 5

(b) under a warrant issued under section 60. 6

(2) An inspector who seizes an animal is to ensure that it is properly 7

treated and cared for (including the provision of veterinary care 8

if that is appropriate) until it is dealt with in accordance with 9

section 44 or 45. 10

43. Seizure of other property 11

(1) An inspector may seize any other thing that the inspector 12

reasonably suspects — 13

(a) is being, or has been, used to commit; or 14

(b) may afford evidence of the commission of, 15

an offence under this Act. 16

(2) An inspector who seizes any thing under subsection (1) is to — 17

(a) keep it in safe custody; and 18

(b) to the extent that it is practicable to do so, maintain it in 19

the condition it was in when it was seized, 20

until it is dealt with in accordance with section 44. 21

44. Dealing with seized property 22

(1) This section does not apply in relation to a seized animal that is 23

fauna, unless the animal had been lawfully taken. 24

(2) As soon as practicable after seizing property an inspector must 25

take reasonable steps to notify the owner or a person in charge 26

of the property that it has been seized and of the owner’s rights 27

under subsection (6). 28



s. 3


(3) An inspector may retain seized property until required by 1

subsection (5), or by an order under subsection (9) or section 55, 2

to return it to the owner or to dispose of it. 3

(4) Subject to an order of a court to the contrary, an inspector may 4

return seized property to the owner at any time if the inspector 5

is satisfied — 6

(a) that no useful purpose will be served by retaining it; and 7

(b) in the case of an animal, that it will be properly treated 8

and cared for. 9

(5) Subject to subsection (9), an inspector must return seized 10

property to the owner if — 11

(a) 4 months have elapsed since it was seized and no person 12

has been charged with a relevant offence; or 13

(b) a charge of a relevant offence has been heard and 14

determined but the court hearing the charge has made no 15

order as to the return or forfeiture of the property. 16

(6) The owner of seized property may apply to the Magistrates 17

Court for an order that it be returned. 18

(7) Where an inspector is required by subsection (5) to return seized 19

property to the owner the inspector may apply to the 20

Magistrates Court for an order that the property remain under 21

seizure. 22

(8) An inspector may apply to the Magistrates Court for an order 23

that the seized property be forfeited to the Crown. 24

(9) On an application under subsection (6), (7) or (8) a court 25

may — 26

(a) make the order sought on such terms and conditions as 27

the court thinks fit; or 28

(b) refuse to make the order. 29



s. 3


(10) On an application under subsection (6), (7) or (8) in relation to a 1

seized animal the court must have regard to the welfare, safety 2

and health of the animal. 3

(11) In this section — 4

owner, in relation to something that has been seized, means the 5

person from whom the thing was seized or any other person 6

who satisfies the CEO that he or she is entitled to possession of 7

the thing; 8

relevant offence means an offence under this Act — 9

(a) if the seized property is an animal, the commission of 10

which affected the welfare, safety or health of the 11

animal; or 12

(b) if the seized property is not an animal — 13

(i) the commission of which involved the use of the 14

seized property; or 15

(ii) in respect of the commission of which the seized 16

property may afford evidence. 17


s. 354; No. 24 of 2016 s. 310(7).] 19

45. Dealing with seized fauna 20

An inspector who seizes an animal that is fauna, other than an 21

animal that has been lawfully taken, is to ensure that the animal 22

is delivered to, or dealt with in accordance with the instructions 23

of, the chief executive officer of the Biodiversity Conservation 24

Department. 25

[Section 44 amended: No. 24 of 2016 s. 310(8).] 26

46. Power to require information 27

(1) An inspector who reasonably suspects a person is committing, 28

or has committed, an offence under this Act may ask the person 29

for the person’s name, usual place of residence and date of birth. 30



s. 3


(2) A person must not, without a reasonable excuse, fail to answer a 1

question asked under subsection (1). 2

Penalty: $2 000. 3

47. Other powers of inspectors 4

(1) Subject to sections 38, 39, 42 and 43, for the purposes of this 5

Act an inspector may — 6

(a) search a place or vehicle; and 7

(b) examine and take samples from an animal, place, 8

vehicle or thing; and 9

(c) take an animal to a place, or put an animal in a vehicle, 10

for the purpose of performing the inspector’s functions 11

in relation to it; and 12

(d) direct a person to take an animal to a specified place, or 13

to put it in a specified vehicle, within a specified time; 14

and 15

(e) direct a person not to remove an animal from a specified 16

place or vehicle for a specified period; and 17

(f) take photographs, video recordings or other recordings 18

of an animal, place, vehicle or thing; and 19

(g) take measurements or recordings of any sort; and 20

(h) if the inspector reasonably suspects that there is, in a 21

container, an animal or thing that may afford evidence 22

of the commission of an offence under this Act — 23

(i) require the person apparently in charge of it to 24

open the container; or 25

(ii) if that person is not available to do so, or fails to 26

do so, use reasonable force to break open the 27

container; 28

and 29

(i) examine, take extracts from or copy (and if necessary 30

remove for the purpose of taking extracts or making 31

copies) a record; and 32



s. 3


(j) give any directions to a person in control of an animal 1

that the inspector considers are necessary to protect the 2

welfare, safety and health of the animal; and 3

(k) conduct examinations, and make inquiries, that the 4

inspector considers are necessary to check whether this 5

Act is being complied with or to investigate a suspected 6

offence; and 7

(l) request a person to assist the inspector in performing the 8

inspector’s functions. 9

(2) An inspector exercising, or proposing to exercise, a power under 10

this section must, if asked by a person who is or will be affected 11

by the exercise of the power, explain why the inspector is 12

exercising the power. 13

(3) A person must comply with a requirement or direction made 14

under subsection (1)(a) to (j). 15

Penalty: $20 000 and imprisonment for one year. 16

(4) In subsection (1)(i) — 17

record includes a document, tape, disc or other device or 18

medium on which data is recorded or stored mechanically, 19

photographically, electronically or otherwise. 20

48. Performance of an inspector’s functions 21

(1) When performing a function under this Act an inspector may be 22

accompanied or assisted by a person requested by the inspector 23

to assist. 24

(2) A person accompanying or assisting an inspector may exercise a 25

function of the inspector if, and to the extent, authorised by the 26

inspector. 27

(3) A general inspector accompanying or assisting a scientific 28

inspector under subsection (1) may exercise the general 29

inspector’s functions under this Act if, and to the extent, 30

authorised by the scientific inspector. 31



s. 3


(4) Subject to subsection (5), where an inspector is permitted under 1

this Act to do an act in relation to an animal that is within the 2

definition of “veterinary surgery” as defined in the Veterinary 3

Surgeons Act 1960 the inspector is to ensure that the act is done 4

by a veterinary surgeon. 5

(5) Subsection (4) does not apply to an inspector acting under 6

section 41 if, in the inspector’s opinion, it is not reasonable to 7

wait until a veterinary surgeon is able to do the act. 8

(6) When performing a function under this Act an inspector or 9

person assisting an inspector must — 10

(a) take reasonable precautions to avoid the spread of 11

disease; and 12

(b) cause as little damage as is reasonably practicable to 13

property; and 14

(c) cause as little disruption as is reasonably practicable to 15

any business or activity that is being carried on in 16

accordance with this Act. 17

18


The Criminal Code amended Part 3

s. 4


Part 3 — The Criminal Code amended 1

4. Act amended 2

This Part amends The Criminal Code. 3

[The following text is section 70A of the Criminal Code showing proposed 4

amendments in track changes. A formal amending instrument will be 5

drafted at a later stage.] 6

70A. Trespass 7

(1) In this section — 8

abattoir has the meaning given in the Animal Welfare Act 2002 9

section 36A; 10

animal source food production means an activity carried out — 11

(a) at an animal source food production place; and 12

(b) for the purpose of, or in connection with, commercial 13

food production; 14

animal source food production facility means any of the 15

following places, operated for the purpose of commercial food 16

production — 17

(a) a farm or other place where an animal is reared or 18

fattened; 19

(b) a dairy farm; 20

(c) an egg farm or other place where poultry are kept to 21

produce eggs; 22

animal source food production place means any of the 23

following places — 24

(a) an animal source food production facility; 25

(b) an abattoir; 26

(c) a knackery; 27

circumstances of aggravation, in relation to a trespass on an 28

animal source food production place, means circumstances in 29


Part 3 The Criminal Code amended

s. 4


which a person, in the course of, or as a result of committing the 1

trespass — 2

(a) interferes with, or intends to interfere with, animal 3

source food production; or 4

(b) in the context of another person’s engagement in animal 5

source food production, assaults, intimidates or harasses, 6

or intends to assault, intimidate or harass — 7

(i) the other person; or 8

(ii) a family member of the other person; 9

family member, in relation to a person, means — 10

(a) the spouse or de facto partner of the person; or 11

(b) a parent, child, brother, or sister of the person or of the 12

person’s spouse or de facto partner; or 13

(c) the spouse or de facto partner of a person referred to in 14

paragraph (b); or 15

(d) a grandchild or grandparent of the person or of the 16

person’s spouse or de facto partner; 17

interfere with, in relation to animal source food production, 18

includes any of the following — 19

(a) negatively impact biosecurity, as defined in the 20

Biosecurity and Agriculture Management Act 2007 21

section 6, in relation to the animal source food 22

production; 23

(b) create a risk to the welfare, safety or health of an animal 24

involved in the animal source food production; 25

(c) create a risk to the integrity or safety of meat, eggs or 26

dairy products, in the course of the animal source food 27

production; 28

(d) release an animal involved in the animal source food 29

production, or cause it to escape, from an animal source 30

food production place or an enclosure at that place; 31

(e) destroy, damage, steal or otherwise interfere with 32

property used in the animal source food production; 33


The Criminal Code amended Part 3

s. 4


(f) give a person engaged in animal source food production 1

reasonable grounds to believe that something referred to 2

in paragraph (a) to (e) has occurred or is likely to occur; 3

knackery has the meaning given in the Animal Welfare Act 4

2002 section 36A; 5

person in authority, in relation to a place, means — 6

(a) in the case of a place owned by the Crown, or an agency 7

or instrumentality of the Crown — the occupier or 8

person having control or management of the place or a 9

police officer; or 10

(b) in any other case — 11

(i) the owner, occupier or person having control or 12

management of the place; or 13

(ii) a police officer acting on a request by a person 14

referred to in subparagraph (i); 15

trespass on a place, means — 16

(a) to enter or be in the place without the consent or licence 17

of the owner, occupier or person having control or 18

management of the place; or 19

(b) to remain in the place after being requested by a person 20

in authority to leave the place; or 21

(c) to remain in a part of the place after being requested by 22

a person in authority to leave that part of the place. 23

(2) A person who, without lawful excuse, trespasses on a place is 24

guilty of an offence and is liable to imprisonment for 12 months 25

and a fine of $12 000. 26

(2) A person who, without lawful excuse, trespasses on a place 27

commits an offence. 28

Penalty for this subsection: imprisonment for 12 months and a 29

fine of $12 000. 30

(2A) A person who, without lawful excuse, trespasses on an animal 31

source food production place, in circumstances of aggravation, 32

commits an offence. 33


Part 3 The Criminal Code amended

s. 4


Penalty for this subsection: imprisonment for 2 years and a fine 1

of $24 000. 2

(2B) If a court sentencing an adult offender for an offence under 3

subsection (2A) does not impose a term of imprisonment then, 4

except as provided in subsection (2C) and despite the 5

Sentencing Act 1995, the court must impose — 6

(a) a community order under the Sentencing Act 1995 that 7

includes — 8

(i) a supervision requirement with a direction that 9

the offender must not enter or remain on an 10

animal source food production place specified, or 11

of a kind specified, in the order; and 12

(ii) a community service requirement; 13

and 14

(b) a fine of at least $2 400. 15

(2C) Subsection (2B) does not apply in a particular case if the court 16

is satisfied that exceptional circumstances exist in that case. 17

(3) In a prosecution for an offence under subsection (2) or (2A), the 18

accused has the onus of proving that the accused had a lawful 19

excuse. 20

21


Restraining Orders Act 1997 amended Part 4

s. 5


Part 4 — Restraining Orders Act 1997 amended 1

5. Act amended 2

This Part amends the Restraining Orders Act 1997. 3

[The following text is section 5 and Part 3 of the Restraining Orders Act 4

1997 showing proposed amendments in track changes. A formal amending 5

instrument will be drafted at a later stage.] 6

5. Term used: family order 7

(1) A reference in this Act to a family order is a reference to — 8

(a) a parenting order made under the Family Law Act 1975 9

of the Commonwealth or the Family Court Act 1997, as 10

is relevant to the case, that deals with — 11

(i) the person or persons with whom a child is to 12

live; or 13

(ii) the time a child is to spend with another person 14

or other persons; or 15

(iii) the communication a child is to have with 16

another person or other persons; 17

[(b) deleted] 18

(c) any of the things set out in subsection (2) — 19

(i) to the extent that the thing deals with the person 20

or persons with whom a child is to live; or 21

(ii) to the extent that the thing requires or authorises 22

(expressly or impliedly) contact between a child 23

and another person or other persons; 24

(d) a right or liability within the meaning of the Family 25

Court of Western Australia (Orders of Registrars) 26

Act 1997 of the Commonwealth that — 27

(i) is in respect of a matter to which paragraph (a) or 28

(c) paragraph (a), (b) or (c) applies; and 29

(ii) is conferred, imposed or affected by section 5 of 30

that Act. 31


Part 4 Restraining Orders Act 1997 amended

s. 5


Note: 1

The effects of the transitional provisions of the Family Law Reform 2

Act 1995 of the Commonwealth apply to rights and liabilities referred to 3

in the Family Court of Western Australia (Orders of Registrars) 4

Act 1997 of the Commonwealth — s. 4(5) of the latter Act. 5

(2) The things referred to in subsection (1)(c) are — 6

(a) a recovery order or any other order (however described) 7

made; or 8

(b) an injunction granted; or 9

(c) an undertaking given to, and accepted by, a court; or 10

(d) a parenting plan, whether registered or not; or 11

(e) a bond entered into in accordance with an order, 12

under the Family Law Act 1975 of the Commonwealth or the 13

Family Court Act 1997, as is relevant to the case, or any thing 14

treated, under either of those Acts or the Family Law Reform 15

Act 1995 of the Commonwealth, as an order or thing referred to 16

in subsection (1). 17

Note: 18

Under clause 5 of Schedule 2 to the Family Court Act 1997 the effects 19

of the transitional provisions in that clause apply to rights and liabilities 20

referred to in the Family Court (Orders of Registrars) Act 1997. 21

[Section 5 inserted: No. 41 of 1997 s. 36; amended: No. 35 of 22

2006 s. 207.] 23

Part 3 — Misconduct restraining order 24

34. Grounds for misconduct restraining order 25

A court may make an MRO if it is satisfied that — 26

(a) unless restrained, the respondent is likely to — 27

(i) behave in a manner that could reasonably be 28

expected to be intimidating or offensive to the 29

person seeking to be protected and that would, in 30

fact, intimidate or offend the person seeking to 31

be protected; or 32



s. 5


(ii) cause damage to property owned by, or in the 1

possession of, the person seeking to be protected; 2

or 3

(iii) behave in a manner that is, or is likely to lead to, 4

a breach of the peace; or peace; 5

(iv) commit an offence under The Criminal Code 6

section 70A(2A); 7

and 8

(b) granting an MRO is appropriate in the circumstances. 9

[Section 34 amended: No. 38 of 2004 s. 54 and 56; No. 49 of 10

2016 s. 40.] 11

35. Matters to be considered by court generally 12

(1) When considering whether to make an MRO for reasons 13

referred to in section 34(a)(i) or (ii) and the terms of the order a 14

court is to have regard to — 15

(a) the need to ensure that — 16

(i) the person seeking to be protected is protected 17

from intimidatory or offensive behaviour; and 18

(ii) property owned by, or in the possession of, the 19

person seeking to be protected is protected from 20

damage; 21

and 22

(b) the wellbeing of children who are likely to be affected 23

by the respondent’s behaviour or the operation of the 24

proposed order; and 25

(c) the accommodation needs of the respondent and the 26

person seeking to be protected; and 27

(d) hardship that may be caused to the respondent if the 28

order is made; and 29

[(e) deleted] 30

(f) other current legal proceedings involving the respondent 31

or the person seeking to be protected; and 32



s. 5


(g) any criminal convictions of the respondent; and 1

(h) any previous similar behaviour of the respondent 2

whether in relation to the person seeking to be protected 3

or otherwise; and 4

(i) other matters the court considers relevant. 5

(2) When considering whether to make an MRO for reasons 6

referred to in section 34(a)(iii) and the terms of the order a court 7

is to have regard to — 8

(a) the need to ensure that the public is protected from 9

breaches of the peace; and 10




(c) the accommodation needs of the respondent; and 14



[(e) deleted] 17

(f) any criminal convictions of the respondent; and 18

(g) other current legal proceedings involving the 19

respondent; and 20

(h) other matters the court considers relevant. 21

(2A) When considering whether to make an MRO for reasons 22

referred to in section 34(a)(iv) and the terms of the order, a 23

court is to have regard to — 24

(a) the need to ensure that the following persons are 25

protected from the effects of an offence under The 26

Criminal Code section 70A(2A) — 27

(i) a person engaged in animal source food 28

production, as defined in The Criminal Code 29

section 70A(1); and 30



s. 5


(ii) a family member, as defined in The Criminal 1

Code section 70A(1), of a person referred to in 2

subparagraph (i); 3

and 4




(c) the accommodation needs of the respondent; and 8



(e) any criminal convictions of the respondent; and 11

(f) other current legal proceedings involving the 12

respondent; and 13

(g) other matters the court considers relevant. 14

(3) A court is to have regard to the matters set out in 15

subsection (1)(a) and (b), or (2)(a) and (b) or (2A)(a) and (b) as 16

being of primary importance. 17

[Section 35 amended: No. 38 of 2004 s. 19, 54, 55, 56 18

and 57(5); No. 49 of 2016 s. 41.] 19

35A. MROs not for persons in family relationship 20

A court is not to make an MRO unless it is satisfied that the 21

person seeking to be protected by the order and the person 22

bound by the order are not in a family relationship with each 23

other. 24

[Section 35A inserted: No. 38 of 2004 s. 20; amended: No. 49 of 25

2016 s. 42.] 26



s. 5


36. Restraints on respondent 1

(1) In making an MRO a court may impose such restraints on the 2

lawful activities and behaviour of the respondent as the court 3

considers appropriate to prevent the respondent — 4

(a) behaving in a manner that could reasonably be expected 5

to be intimidating or offensive to the person seeking to 6

be protected and that would, in fact, intimidate or offend 7

the person seeking to be protected; or 8

(b) causing damage to property owned by, or in the 9

possession of, the person seeking to be protected; or 10

(c) behaving in a manner that is, or is likely to lead to, a 11

breach of the peace; or peace. 12

(d) committing an offence under The Criminal Code 13

section 70A(2A). 14

(2) Without limiting the restraints that may be imposed for the 15

purposes of subsection (1)(a) or (b), a court may restrain the 16

respondent from doing all or any of the following — 17

(a) being on or near premises where the person seeking to 18

be protected lives or works; 19

(b) being on or near specified premises or in a specified 20

locality or place; 21

(c) approaching within a specified distance of the person 22

seeking to be protected; 23

(ca) stalking the person seeking to be protected; 24

(d) communicating, or attempting to communicate, 25

(by whatever means) with the person seeking to be 26

protected; 27

[(e) deleted] 28

(f) being in possession of a firearm or firearms licence, or 29

applying for a firearms licence; 30

(g) causing or allowing another person to engage in conduct 31

of a type referred to in paragraphs (a) to (f). 32



s. 5


(3) Without limiting the restraints that may be imposed for the 1

purposes of subsection (1)(c) or (d), subsection (1)(c), a court 2

may restrain the respondent from doing all or any of the 3

following — 4

(a) being on or near specified premises or in a specified 5

locality or place; or 6

(b) engaging in behaviour of a specified kind, either at all or 7

in a specified place, at a specified time or in a specified 8

manner; or 9

(c) being in possession of a firearm or firearms licence, or 10

applying for a firearms licence. 11

(4) A restraint may be imposed on the respondent on such terms as 12

the court considers appropriate. 13

(5) An MRO may restrain the respondent from entering or 14

remaining in a place, or restrict the respondent’s access to a 15

place, even if the respondent has a legal or equitable right to be 16

at the place. 17

(6) If an MRO restrains the respondent from being in possession of 18

a firearm or firearms licence, or applying for a firearms licence, 19

sections 14 and 62E apply as if the MRO were a VRO. 20

[Section 36 amended: No. 38 of 2004 s. 21, 43(4), 54 and 56; 21

No. 49 of 2016 s. 43.] 22

37. Duration of MRO 23

(1) An MRO comes into force when it is served on the respondent, 24

or if a later time is specified in the order, at that time. 25

(2) Subject to Part 5, an MRO remains in force for the period 26

specified in the order or, if no period is specified, for one year 27

from when it came into force. 28




s. 5


38. Application for MRO 1

(1) An application for an MRO may be made in person by — 2

(a) the person seeking to be protected; or 3

(b) a police officer on behalf of that person. 4

(2) An application for an MRO may also be made — 5

(a) if the person seeking to be protected is a child, by a 6

parent or guardian of the child, or a child welfare 7

officer, on behalf of the child; or 8

(b) if the person seeking to be protected is a person for 9

whom a guardian has been appointed under the 10

Guardianship and Administration Act 1990, by the 11

guardian on behalf of the person. 12

(3) If there is no particular person seeking to be protected an 13

application for an MRO may be made by a police officer on 14

behalf of the public generally. 15

(4) An application for an MRO is to be made in the prescribed form 16

to — 17

(a) if the respondent is a child, the Children’s Court; or 18

(b) otherwise, the Magistrates Court. 19

[Section 38 inserted: No. 22 of 2000 s. 8; amended: No. 38 of 20

2004 s. 55; No. 59 of 2004 s. 124; No. 49 of 2016 s. 45.] 21

39. Registrar to fix hearing and issue summons 22

If an applicant makes an application for an MRO the registrar is 23

to fix a hearing and summons the respondent to the hearing. 24


s. 46.] 26

27

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Animal Welfare and Trespass Legislation Amendment Bill 2020 · Animal Welfare and Trespass Legislation Amendment Bill 2020 Part 1 Preliminary s. 1 page 2 Consultation Draft 1 Part