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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Criminal Code Amendment (Animal
Protection) Bill 2015
No. , 2015
(Senator Back)
A Bill for an Act to amend the Criminal Code Act
1995, and for related purposes
No. , 2015
Criminal Code Amendment (Animal Protection) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Criminal Code Act 1995
3
Part 2--Consequential amendments
12
Criminal Code Act 1995
12
No. , 2015
Criminal Code Amendment (Animal Protection) Bill 2015
1
A Bill for an Act to amend the Criminal Code Act
1
1995, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Criminal Code Amendment (Animal
5
Protection) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Criminal Code Amendment (Animal Protection) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Criminal Code Amendment (Animal Protection) Bill 2015
3
Schedule 1
--Amendments
1
Part 1
--Main amendments
2
Criminal Code Act 1995
3
1 After Part 9.6 of the Criminal Code
4
Insert:
5
Part 9.7--Protecting animals and animal
6
enterprises
7
Division 383--Failing to report malicious cruelty to
8
animals
9
383.5 Failing to report malicious cruelty to animals after recording
10
it
11
(1) A person commits an offence if:
12
(a) the person makes a visual record of an activity engaged in, in
13
Australia, by another person; and
14
Example: A video recording, whether or not with sound, or a photograph.
15
(b) the person makes the record because the person believes the
16
activity to be malicious cruelty to animals; and
17
(c) either or both of the following subparagraphs apply:
18
(i) within one business day after the person makes the
19
record, the activity is not reported to an authority of the
20
Commonwealth, or of the State or Territory in which the
21
activity occurred, with responsibility for enforcing laws
22
relating to animal welfare;
23
(ii) within 5 business days after the person makes the
24
record, the record is not given to such an authority; and
25
(d) subsection (4) applies.
26
Penalty: 30 penalty units.
27
(2) For the purposes of paragraph (1)(b), it is immaterial whether the
28
activity actually is malicious cruelty to animals.
29
Schedule 1 Amendments
Part 1 Main amendments
4
Criminal Code Amendment (Animal Protection) Bill 2015
No. , 2015
(3) A defendant bears an evidential burden in relation to the matter in
1
paragraph (1)(c).
2
(4) This subsection applies if:
3
(a) the record is made:
4
(i) by a federally regulated entity; or
5
(ii) in constitutional trade or commerce; or
6
(iii) in a Territory or a Commonwealth place; or
7
(b) the recorded activity is engaged in:
8
(i) by a federally regulated entity; or
9
(ii) in constitutional trade or commerce; or
10
(iii) in a Territory or a Commonwealth place.
11
(5) Absolute liability applies to paragraph (1)(d).
12
Note:
For absolute liability, see section 6.2.
13
383.10 Meaning of malicious cruelty to animals
14
(1) A person engages in malicious cruelty to animals if the person
15
engages in an unlawful activity for the purpose of inflicting
16
unnecessary pain, injury or death upon domestic animals.
17
(2) Humane slaughter for the purposes of food production, or for
18
compassionate reasons, is not malicious cruelty to animals.
19
383.15 Visual records
20
Copies
21
(1) A reference in this Division to a record is treated as including a
22
reference to a copy of the record.
23
Alteration
24
(2) To avoid doubt, giving a record that is altered (including through
25
omission or addition) does not satisfy the requirement of
26
subparagraph 383.5(1)(c)(ii).
27
383.20 Other matters
28
(1) This Division does not apply to the extent (if any) that it would:
29
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Criminal Code Amendment (Animal Protection) Bill 2015
5
(a) infringe any constitutional doctrine of implied freedom of
1
political communication; or
2
(b) affect the law relating to legal professional privilege.
3
(2) This Division does not apply to a Commonwealth, State or
4
Territory authority with responsibility for enforcing laws relating
5
to animal welfare.
6
(3) It is the intention of the Parliament that this Division is not to apply
7
to the exclusion of a law of a State or a Territory to the extent that
8
the law is capable of operating concurrently with this Division.
9
Division 385--Interfering with the carrying on of animal
10
enterprises
11
385.5 Destroying or damaging property
12
Offence
13
(1) A person (the first person) commits an offence if:
14
(a) the first person engages in conduct that destroys or damages
15
property:
16
(i) used in carrying on an animal enterprise; or
17
(ii) belonging to a person who carries on an animal
18
enterprise; or
19
(iii) belonging to a person who is otherwise connected with,
20
or related to, an animal enterprise; and
21
Example 1:
Property could include animals and records.
22
Example 2:
Persons connected with, or related to, an animal enterprise
23
could include suppliers or customers.
24
(b) the first person intends that the conduct will interfere with the
25
carrying on of the animal enterprise; and
26
(c) subsection (3) applies.
27
Penalty:
28
(a) in the case of an offence to which subsection 385.20(1)
29
applies--imprisonment for 5 years; or
30
(b) in the case of an offence to which subsection 385.20(2)
31
applies--imprisonment for 10 years; or
32
Schedule 1 Amendments
Part 1 Main amendments
6
Criminal Code Amendment (Animal Protection) Bill 2015
No. , 2015
(c) in the case of an offence to which subsection 385.20(3)
1
applies--imprisonment for 20 years; or
2
(d) in the case of an offence to which subsection 385.20(4)
3
applies--imprisonment for life; or
4
(e) in any other case--imprisonment for 1 year.
5
(2) For the purpose of this section, it does not matter whether the
6
conduct actually interferes with the carrying on of the animal
7
enterprise.
8
Constitutional basis
9
(3) This subsection applies if:
10
(a) the first person is a federally regulated entity; or
11
(b) the conduct occurs in a Territory or a Commonwealth place;
12
or
13
(c) the property belongs to:
14
(i) a Commonwealth entity; or
15
(ii) a Territory; or
16
(iii) a federally regulated entity; or
17
(d) the animal enterprise is carried on by:
18
(i) a Commonwealth entity; or
19
(ii) a Territory; or
20
(iii) a federally regulated entity; or
21
(e) the interference with the carrying on of the animal enterprise
22
would cause detriment to constitutional trade and commerce.
23
(4) Absolute liability applies to paragraph (1)(c).
24
Note:
For absolute liability, see section 6.2.
25
385.10 Causing fear of death or serious bodily injury
26
Offence
27
(1) A person (the first person) commits an offence if:
28
(a) the first person engages in conduct involving threats,
29
vandalism, property damage, criminal trespass, harassment,
30
or intimidation; and
31
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Criminal Code Amendment (Animal Protection) Bill 2015
7
(b) the conduct causes another person (the second person)
1
reasonably to fear that any person will cause death or serious
2
bodily injury to a person (the targeted person) who is:
3
(i) the second person; or
4
(ii) a close family member of the second person; or
5
(iii) an employee of the second person; or
6
(iv) a contractor engaged by the second person to participate
7
in the carrying on of an enterprise; and
8
(c) the second person or the targeted person:
9
(i) carries on an animal enterprise; or
10
(ii) is otherwise connected with, or related to, an animal
11
enterprise; and
12
Example: Persons connected with, or related to, an animal enterprise could
13
include suppliers or customers.
14
(d) the first person intends that the conduct will interfere with the
15
carrying on of the animal enterprise; and
16
(e) subsection (3) applies.
17
Penalty:
18
(a) in the case of an offence to which subsection 385.20(1)
19
applies--imprisonment for 5 years; or
20
(b) in the case of an offence to which subsection 385.20(2)
21
applies--imprisonment for 10 years; or
22
(c) in the case of an offence to which subsection 385.20(3)
23
applies--imprisonment for 20 years; or
24
(d) in the case of an offence to which subsection 385.20(4)
25
applies--imprisonment for life; or
26
(e) in any other case--imprisonment for 1 year.
27
(2) For the purpose of this section, it does not matter whether the
28
conduct actually interferes with the carrying on of the animal
29
enterprise.
30
Constitutional basis
31
(3) This subsection applies if:
32
(a) the first person is a federally regulated entity; or
33
(b) the first person engages in the conduct by constitutional
34
communication; or
35
Schedule 1 Amendments
Part 1 Main amendments
8
Criminal Code Amendment (Animal Protection) Bill 2015
No. , 2015
(c) the conduct occurs in a Territory or a Commonwealth place;
1
or
2
(d) the animal enterprise is carried on by:
3
(i) a Commonwealth entity; or
4
(ii) a Territory; or
5
(iii) a federally regulated entity; or
6
(e) the interference with the carrying on of the animal enterprise
7
would cause detriment to constitutional trade and commerce.
8
(4) Absolute liability applies to paragraph (1)(e).
9
Note:
For absolute liability, see section 6.2.
10
385.15 Defences
11
This Division does not apply to conduct if the conduct is:
12
(a) peaceful picketing, or some other legally sanctioned peaceful
13
demonstration; or
14
(b) done in good faith in connection with an industrial dispute or
15
an industrial matter; or
16
(c) publishing in good faith a report or commentary about a
17
matter of public interest.
18
Note:
A defendant bears an evidential burden in relation to the matters in
19
this section: see subsection 13.3(3).
20
385.20 Aggravated offences
21
Aggravated offences
22
(1) This subsection applies to an offence if the conduct results in
23
economic damage exceeding $10,000.
24
(2) This subsection applies to an offence if the conduct results in:
25
(a) substantial bodily injury to any individual; or
26
(b) economic damage exceeding $100,000.
27
(3) This subsection applies to an offence if the conduct results in:
28
(a) serious bodily injury to any individual; or
29
(b) economic damage exceeding $1,000,000.
30
(4) This subsection applies to an offence if the conduct results in death
31
to any individual.
32
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Criminal Code Amendment (Animal Protection) Bill 2015
9
Procedural matters
1
(5) If the prosecution intends to prove an offence (an aggravated
2
offence) to which subsection (1), (2), (3) or (4) applies, the charge
3
must allege the relevant aggravated offence.
4
(6) If, on a trial for an aggravated offence against a section of this
5
Division, the trier of fact:
6
(a) is not satisfied that the defendant is guilty of the aggravated
7
offence; but
8
(b) is otherwise satisfied that the defendant is guilty of an
9
offence against that section (including an offence to which
10
subsection (1), (2) or (3) of this section applies);
11
the trier of fact may find the defendant not guilty of the offence
12
mentioned in paragraph (a), but guilty of the offence mentioned in
13
paragraph (b).
14
(7) Subsection (6) only applies if the defendant has been afforded
15
procedural fairness in relation to the finding of guilt for the offence
16
mentioned in paragraph (6)(b).
17
385.25 Division not intended to exclude State or Territory law
18
It is the intention of the Parliament that this Division is not to apply
19
to the exclusion of a law of a State or a Territory to the extent that
20
the law is capable of operating concurrently with this Division.
21
2 Dictionary in the Criminal Code
22
Insert:
23
animal enterprise includes:
24
(a) a commercial or academic enterprise that uses, sells, houses
25
or stores animals or animal products for:
26
(i) profit; or
27
(ii) food; or
28
(iii) fibre production;
29
(iv) agriculture; or
30
(v) education; or
31
(vi) research; or
32
(vii) testing; or
33
Schedule 1 Amendments
Part 1 Main amendments
10
Criminal Code Amendment (Animal Protection) Bill 2015
No. , 2015
(b) a zoo, aquarium, animal shelter, pet shop, breeder, furrier or
1
circus; or
2
(c) a rodeo or other lawful competitive animal event; or
3
(d) any show or similar event intended to advance agricultural
4
arts and sciences.
5
constitutional communication means communication using a
6
postal, telegraphic, telephonic or other like service within the
7
meaning of paragraph 51(v) of the Constitution.
8
economic damage:
9
(a) means any of the following:
10
(i) the costs of replacing lost or damaged property;
11
(ii) the costs of repeating an interrupted or invalidated
12
experiment;
13
(iii) lost profits or an increase in costs; and
14
Example: Property could include animals or records.
15
(b) does not include the costs of any lawful economic disruption
16
(including a lawful boycott) that results from lawful public,
17
governmental or business reaction to the disclosure of
18
information about an enterprise.
19
federally regulated entity means:
20
(a) a constitutional corporation; or
21
(b) a trust, all of the trustees of which are constitutional
22
corporations; or
23
(c) a body corporate that is taken to be registered in a Territory
24
under section 119A of the Corporations Act 2001; or
25
(d) a trust, if the proper law of the trust and the law of the trust's
26
administration are the law of a Territory; or
27
(e) any other entity (including an individual, a body corporate, a
28
body politic, a trust or an unincorporated association or body
29
of persons), if the core or routine activities of the entity are
30
carried out in or in connection with a Territory.
31
serious bodily injury means:
32
(a) injury posing a substantial risk of death; or
33
(b) extreme physical pain; or
34
(c) protracted and obvious disfigurement; or
35
Amendments Schedule 1
Main amendments Part 1
No. , 2015
Criminal Code Amendment (Animal Protection) Bill 2015
11
(d) protracted loss or impairment of the function of a bodily
1
member, organ or mental faculty.
2
substantial bodily injury means:
3
(a) deep cuts and serious burns or abrasions; or
4
(b) short-term or nonobvious disfigurement; or
5
(c) fractured or dislocated bones, or torn members of the body;
6
or
7
(d) significant physical pain; or
8
(e) illness; or
9
(f) short-term loss or impairment of the function or a bodily
10
member, organ or mental faculty; or
11
(g) any other significant injury to the body.
12
Schedule 1 Amendments
Part 2 Consequential amendments
12
Criminal Code Amendment (Animal Protection) Bill 2015
No. , 2015
Part 2
--Consequential amendments
1
Criminal Code Act 1995
2
3 Subsection 100.1(1) of the Criminal Code (definition of
3
Commonwealth place)
4
Repeal the definition.
5
4 Subsection 380.1(1) of the Criminal Code (definition of
6
constitutional trade and commerce)
7
Repeal the definition.
8
5 Subsection 390.1(1) of the Criminal Code (definition of
9
Commonwealth place)
10
Repeal the definition.
11
6 Paragraph 400.2A(4)(b) of the Criminal Code
12
Repeal the paragraph, substitute:
13
(b) by means of a constitutional communication; or
14
7 Dictionary in the Criminal Code
15
Insert:
16
close family member has the meaning given by section 390.1.
17
Commonwealth place has the same meaning as in the
18
Commonwealth Places (Application of Laws) Act 1970.
19
constitutional trade and commerce means trade and commerce:
20
(a) with other countries; or
21
(b) among the States; or
22
(c) between a State and a Territory; or
23
(d) between 2 Territories.
24
malicious cruelty to animals has the meaning given by
25
section 383.10.
26