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Parliamentary Questions


Question Without Notice No. 1279 asked in the Legislative Council on 11 November 2020 by Hon Dr Steve Thomas

Parliament: 40 Session: 1

ANIMAL WELFARE — CATTLE DEATHS —NOONKANBAH STATION AND YANDEYARRA RESERVE

1279. Hon Dr STEVE THOMAS to the Minister for Agriculture and Food:

I refer to question without notice 1213 asked on 4 November 2020.

(1) How many prosecutions have been instigated by the Department of Primary Industries and Regional Development under the Animal Welfare Act 2002 since the election of the McGowan government to date?

(2) How many prosecutions and potential prosecutions under the Animal Welfare Act 2002 have been referred by the minister or the Department of Primary Industries and Regional Development to the State Solicitor for action since the election of the McGowan government to date?

(3) What defences are allowed to prosecutions under section 19(3)(d) of the Animal Welfare Act?

Hon ALANNAH MacTIERNAN replied:

I thank the member for the question.

(1) There have been 14.

(2) The Department of Primary Industries and Regional Development has referred 16 matters to the State Solicitor's Office for action since 2017.

(3) Section 19(3)(d) of the Animal Welfare Act prescribes that a person in charge of an animal is cruel to that animal if it is not provided with proper or sufficient food or water. The act includes a number of defences to cruelty charges at sections 20 to 30. An essential step in considering potential prosecution is the consideration of the statutory defences. This assessment is done recognising the facts and circumstances of the alleged offending. In the event of a prosecution commencing, the applicability of a statutory defence will be a matter determined by the court.