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Parliamentary Questions


Question Without Notice No. 570 asked in the Legislative Council on 5 June 2019 by Hon Colin De Grussa

Parliament: 40 Session: 1

ANIMAL ACTIVISM — LEGISLATION

570. Hon COLIN de GRUSSA to the Leader of the House representing the Attorney General:

I refer to several commitments made by the Attorney General on 10 April regarding plans to deter extreme animal activist behaviour.

(1) In April, the Attorney General stated an intent to present legislation to cabinet within two or three weeks. It has now been eight weeks. Has legislation been presented to cabinet?

(2) The Attorney General also gave a commitment that legislation would be brought to Parliament for debate well in advance of 21 November. Does the Attorney General still intend to meet this time frame?

(3) The Attorney General has previously stated his opposition to increasing the fine for trespassing and the use of community-based orders; however, on 25 May, the Attorney General told PerthNow he would seek to double the fine for trespassing and introduce community-based orders. Why has such a significant backflip been made?

(4) Does the state government intend to introduce any legislative reforms to deter rural crime beyond trespassing associated with animal activists?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1)–(2) Cabinet has approved the drafting of a bill. The new laws will be introduced to Parliament once the legislative drafting process has been completed.

(3) There is no intention to increase the fine for trespass simpliciter. Under the proposal, higher penalties will apply only when the offence is committed in circumstances of aggravation linked to interference with commercial agricultural activity. As explained during Legislative Assembly estimates on 23 May 2019, the decision to introduce a role for community-based orders was taken following discussion with the State Solicitor's Office and the Department of Justice.

(4) The government's community safety agenda operates for the benefit of all Western Australians, including those who live in rural areas.