RSPCA NSW welcomes amendments to state animal welfare legislation that bring tougher penalties for animal cruelty offences, including the introduction of a new offence under the Prevention to Cruelty Animals Act 1979 (POCTAA). 

In a historic moment for animals in the state, New South Wales now has some of the toughest penalties for animal cruelty offences in the country.

“This is a milestone for all animals great and small across the state,” said RSPCA NSW CEO Steve Coleman. 

“These are things that we have been advocating for as an organisation for many years and we are pleased that state legislation is progressing to reflect changing community expectations. 

“We know that the community feels strongly about animal welfare. These changes will help us to continue to our mission to protect and serve animals."

The maximum penalty increases include: 

• For committing an act of cruelty: fine increased from $5,500 and/or 6 months imprisonment to $44,000 and/or 12 months imprisonment for individuals, and from $27,500 to $220,000 for corporations. 
• For committing an act of aggravated cruelty: fine increased from $22,000 to $110,000 and/or 2 years imprisonment for individuals, and from $110,000 to $550,000 for corporations. 
• For failure to provide proper and sufficient food, drink or shelter: fine increased from $5,500 to $16,500 and/or 6 months imprisonment for individuals, and from $27,000 to $82,500 for corporations. 
• For failure to comply with a prohibition order and for failure to produce animal pursuant to a court order: fine increased from $2,750 to $5,500 and/or 6 months imprisonment. 

The amendments also include: 

• The limitation period for commencement of proceedings has also increased from 12 months to three years, which extends the period of time for RSPCA inspectors to investigate cruelty complaints. 
• The inclusion of a definition for an ‘animal cruelty offence’, which extends disqualification orders to offences under the Crimes Act as well as POCTAA.  
• The introduction of a new definition ‘disqualification order’, which is available for defendants convicted of offences under POCTAA and the Crimes Act. The court may also make interim disqualification orders which apply to prevent people before the Court for animal cruelty offences acquiring animals while the matters are before the Court.
• A new offence has been created under POCTAA, which prohibits people convicted of animal cruelty offences under the Crimes Act from purchasing, owning or working with animals. These include offences of serious animal cruelty and bestiality.

Alison Waters is the Animal Justice Party candidate for the Lismore Council elections in September, she also welcomes the new laws.

"Animals, like people, deserve protection from physical abuse. These new laws demonstrate that violence against animals is now regarded as a serious crime. "

"I welcome the introduction of lifetime bans for people who engage in extreme animal abuse. Under these laws, people who are convicted of serious animal cruelty are prohibited from having animals in their care and from working with animals. This is an important step to protect animals from harm." 

"Animal abuse is an indicator of violence against humans. People who hurt animals tend to use more extreme violence against people. "

"Protecting animals from harm is critical for their wellbeing and for the protection of the people who care about them. For example, a child who observes the abuse of a much-loved animal companion by a family member may experience psychological harm. Furthermore, when children observe a family member using violence against an animal, animal abuse can become normalised." 

"The impacts of experiencing abuse can be severe and long-lasting for animals. Like people, they need time and care to recover from the trauma of violence." 

"I commend the Honourable Emma Hurst for the work she has undertaken to ensure that these new laws passed both houses of Parliament."