Agriculture and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill makes wide-ranging amendments to laws governing agriculture, animal welfare, biosecurity, forestry, fisheries, racing, and other areas. Most notably, it significantly increases penalties for trespassing on agricultural land and strengthens biosecurity obligations, prompted by a wave of animal activist protests on farms. It also improves protections for animals in hot vehicles, expands farm debt mediation access, and clarifies the Racing Integrity Commission's powers.
Who it affects
Farmers gain stronger legal protections against trespassers. Pet owners benefit from clearer microchip transfer requirements. Protesters face much higher penalties for entering agricultural properties. Farmers in debt get broader access to mediation.
Farm trespass and protest response
In response to growing animal activist protests on farms, this bill doubles the maximum penalty for unlawfully entering farmland and extends the offence to abattoirs, showgrounds, and live export facilities. It also makes gatherings of three or more people on agricultural land unlawful if they pose risks to safety, biosecurity, or animal welfare.
- Maximum penalty for unlawfully entering farmland doubled to 20 penalty units or 1 year's imprisonment
- Trespass offence extended to abattoirs, showgrounds, live export facilities, and wildlife parks
- Gatherings of 3 or more on agricultural land unlawful if posing risk to safety, biosecurity, animal welfare, food safety, or causing economic loss
- Non-compliance with biosecurity management plans now carries up to 500 penalty units, up from 20
Biosecurity improvements
The bill strengthens biosecurity protections by clarifying that anyone entering a place with biosecurity matter has a general obligation to minimise risks. It allows biosecurity zone maps to be updated faster without changing regulations, and removes tagging exemptions for rangeland goats.
- General biosecurity obligation now expressly applies to anyone entering or leaving a place with biosecurity matter
- Biosecurity zone maps (e.g. for fire ants) can be updated by the chief executive without amending regulations
- Rangeland goat exemption from NLIS tagging removed — all wild goat movements require travel approval
- Biosecurity register addresses no longer required to be published online, reducing targeting risk
Animal welfare protections
The bill clarifies that confining animals in hot vehicles can be a cruelty offence, empowers inspectors to enter premises where animals are abandoned without a warrant, and enables sharing of vehicle registration data for animal welfare investigations.
- Confining an animal in a hot vehicle causing heat stress explicitly listed as an example of animal cruelty
- Inspectors can enter premises without a warrant when an animal is abandoned, after attempting to contact the owner
- Vehicle registration information can be shared with inspectors investigating animal welfare offences
- Body-worn cameras authorised for inspectors across five Acts
Dog ownership requirements
Dog suppliers must now provide microchip transfer forms to new owners, helping reunite lost dogs. Dangerous and menacing dogs must wear a distinctive collar at all times.
- Dog suppliers must give new owners a signed microchip change of ownership form
- Dangerous and menacing dogs must wear a distinctive collar prescribed by regulation
- Ban on using animals in cosmetic product testing from 1 July 2020 (sunscreen testing exemption retained)
Farm debt mediation
The bill broadens access to farm business debt mediation by removing the requirement for the farmer to own the mortgaged property and allowing other interested parties to participate.
- Farmers can access mediation even if the mortgaged property is in a different name
- Mediators can invite guarantors and others with an interest in the property to participate
- Corrects the timeframe for requesting mediation to 20 business days
Forestry, racing, and other amendments
The bill streamlines wild stock mustering and abandoned vehicle removal in State forests, requires timely decisions on threatened species classification, and clarifies the Racing Integrity Commission's powers retrospectively.
- Wild stock muster notification period reduced to 5 business days for State forest land
- Plantation officers can seize and dispose of abandoned vehicles in State forests
- Minister must decide on threatened species classification changes within 30 business days
- Racing Integrity Commission's powers clarified and retrospectively validated from 1 July 2017
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee22 Aug 2019View Hansard
Referred to State Development, Natural Resources and Agricultural Industry Development Committee
The State Development, Natural Resources and Agricultural Industry Development Committee examined the bill over several months, holding public hearings and receiving submissions from stakeholders including the Queensland Human Rights Commission, RSPCA Queensland, Queensland Law Society, and industry bodies. The committee recommended the bill be passed, while raising concerns about provisions affecting the right to peaceful assembly and recommending that new offence provisions commence on a date fixed by proclamation rather than on assent. The committee also called for greater transparency on animal welfare breaches and better coordination with the Australian Government on animal welfare policy.
Key findings (5)
- The bill proposed amendments to 17 Acts and four regulations, primarily addressing biosecurity risks from protest activities, animal welfare protections, and the use of body worn cameras by inspectors.
- The Queensland Human Rights Commissioner raised concerns that the anti-protest provisions could limit the rights to peaceful assembly, freedom of association, and freedom of movement, and did not support the amendment to section 10A of the Summary Offences Act 2005.
- The Department of Agriculture and Fisheries reported protest occurrences at animal production facilities had risen from 5 in 2017 to 47 in 2019.
- RSPCA Queensland supported the body worn camera provisions, noting they improve accountability for both inspectors and persons of interest and have reduced violent altercations.
- The committee was concerned that commencing offence provisions on assent created uncertainty for potential offenders, enforcement agencies, and legal advisers.
Recommendations (5)
- The committee recommends the Agriculture and Other Legislation Amendment Bill 2019 be passed.
- The committee recommends that provisions in the Bill that relate to new offences or amend existing offences commence on a date fixed by proclamation.
- The committee recommends that the Minister clarify in his second reading speech how clause 132 will operate.
- The committee recommends that the Department of Agriculture and Fisheries consider increasing the amount of public information available on animal welfare breaches.
- The committee recommends that the Queensland Government work with the Australian Government on coordination of animal welfare policy.
Committee report tabled
▸Second Reading5 Feb 2020View Hansard
Vote on a motion
This division relates to a procedural motion from another part of the sitting day, not the Agriculture bill debate. The Agriculture bill debate was adjourned without a vote being taken in this section.
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (43)
Noes (47)
▸21 members spoke14 support2 oppose5 mixed
Strongly opposed the bill, particularly the late amendments to repeal the Queensland Agricultural Training Colleges Act 2005 which would enable disposal of the Emerald and Longreach college assets. Called the minister's actions disgraceful and contemptuous of agriculture.
“Today is a dark day for agriculture. Being true to form, the Labor Party has again abandoned the bush by introducing amendments to the bill to repeal the Queensland Agricultural Training Colleges Act 2005.”— 2020-02-06View Hansard
As Minister for Agricultural Industry Development, moved the second reading and commended the bill for providing added protection to farmers from protest interference, protecting biosecurity and animal welfare, and facilitating farm debt mediation.
“I encourage members to support this bill because it will provide added protection to our farmers from interference. It will protect the community from risks to human health, the welfare of animals, biosecurity and the safety of food produced for human or animal consumption.”— 2020-02-05View Hansard
Supported the bill, focusing on animal welfare provisions particularly regarding animals left in hot vehicles, and biosecurity improvements. Shared his personal demonstration of car heat dangers.
“This bill makes it as clear as we possibly can that the Queensland government will not stand for it.”— 2020-02-06View Hansard
As shadow minister, stated the opposition supports many aspects of the bill but foreshadowed amendments to increase penalties for animals in hot vehicles and illegal dog baiting. Criticised the government for weak penalties on farm trespassers and for rushing the QATC repeal without committee scrutiny.
“The opposition supports many aspects of this bill. However, I foreshadow that I will be moving amendments regarding animals in hot vehicles and illegal dog baiting during the consideration in detail.”— 2020-02-05View Hansard
Opposed the bill due to the expanded unlawful assembly provisions targeting protesters, which he described as draconian overreach. Argued existing trespass laws were adequate and the new provisions could criminalise farm workers gathering together.
“While I do not oppose everything in the proposed bill, I have no option but to vote against it because of the draconian and dramatic overreach that these particular provisions represent.”— 2020-02-06View Hansard
As a committee member, indicated the LNP would not oppose the bill but would move amendments for stronger penalties on animal welfare offences. Criticised the government for rushing the QATC repeal amendments without committee scrutiny.
“From the outset, I indicate that the LNP will not oppose the bill but will move the amendments—as our shadow minister just referred to—that we believe will vastly improve the bill's implementation.”— 2020-02-05View Hansard
Supported the bill's provisions to protect farmers from illegal trespass and improve biosecurity. Emphasised the right to peaceful protest while condemning unlawful trespass on agricultural land.
“We believe on this side of the House that everyone has the right to peaceful and lawful protest.”— 2020-02-06View Hansard
Supported the bill as a committee member, focusing on the cosmetics animal testing provisions and the amendments clarifying animal cruelty for animals left in hot cars.
“This bill will ensure that animal welfare is no longer just a market preference but is enshrined in legislation.”— 2020-02-05View Hansard
The LNP would not oppose the bill but criticised it as insufficient to deal with animal activists and called for the LNP's own stronger private member's bill to be adopted. Raised serious concerns about goat traceability amendments, noting peak industry bodies were misrepresented as supporting them.
“I will keep calling on Annastacia Palaszczuk and her Labor government to support the LNP's commonsense criminal trespass laws, which are currently before the parliament.”— 2020-02-06View Hansard
Supported aspects of the bill dealing with animal cruelty and farm trespass but criticised the penalties as too weak and condemned the government for rushing the QATC repeal amendments without committee scrutiny.
“The LNP supports aspects of this bill which will help to ensure that individuals responsible for animal offences are held to account for their actions.”— 2020-02-05View Hansard
Supported the bill as vital for protecting biosecurity and the agricultural sector, particularly important for Rockhampton's meatworks industry. Also supported the government's approach to repurposing agricultural college facilities.
“Rockhampton constituents support animal welfare but not illegal activities.”— 2020-02-06View Hansard
As committee chair, supported the bill, emphasising the serious biosecurity risks from farm trespass, the benefits of body worn cameras for frontline officers, and the amendments on animals in hot cars.
“We cannot and we do not underestimate the economic devastation that would be visited on Queensland by an outbreak of one of these two diseases.”— 2020-02-05View Hansard
Supported the farm trespass provisions and biosecurity protections but opposed the goat traceability changes and the late amendments on agricultural colleges and Paradise Dam. Described the omnibus bill as a mixed bag.
“This legislation is like the Favourites box of chocolates that you got for Christmas. There are chocolates in there that you cannot wait to unwrap and sink your teeth into, but there are chocolates like the orange ones that you would not even touch.”— 2020-02-06View Hansard
As a committee member, stated the LNP would not oppose the bill but raised concerns about the adequacy of penalties for farm trespass, the removal of goat tagging exemptions opposed by industry, and the rushed QATC repeal amendments.
“Once again, this is a large omnibus bill which amends 17 acts and four regulations and presents the usual associated problems for both the committee and submitters in trying to scrutinise properly and thoroughly all of the amendments in the limited time available.”— 2020-02-05View Hansard
Strongly criticised the bill as insultingly inadequate on farm trespass penalties, arguing indictable offences are needed rather than summary offences. Opposed the agricultural college closure amendments and criticised the omnibus bill format.
“This bill is in so many ways a virtuoso demonstration of the contempt this Labor government has for the people of the bush.”— 2020-02-06View Hansard
Supported the bill and the minister's amendments, focusing on the unacceptable distress caused to primary producers by animal activist protests and the need for stronger government response.
“It is the community's expectation that animal activists who are using such strong tactics will be met with a strong government response.”— 2020-02-05View Hansard
As Minister for Agriculture, delivered the reply speech defending the bill's provisions on farm trespass, goat traceability, body worn cameras, and the Paradise Dam and agricultural college amendments. Confirmed ongoing consultation with goat industry stakeholders.
“These amendments carefully balance the rights of those who wish to protest and the rights of those involved in relevant industries.”— 2020-02-06View Hansard
Supported the anti-activist provisions and expanded farm debt mediation, but expressed concern about body worn cameras for inspectors and strongly criticised the closure of agricultural training colleges at Emerald and Longreach.
“I am utterly unconvinced that there was not an opportunity for the government to step in and drive some interest into those agriculture colleges and try to reinvigorate them.”— 2020-02-05View Hansard
Stated he would not oppose the bill but had deep concerns about the inadequacy of penalties for farm trespass, the removal of goat tagging exemptions, and the rushed repeal of the Queensland Agricultural Training Colleges Act.
“Those opposite can talk this bill up all they like, but at the end of the day it falls a long way short of what is required when dealing with animal activists and unlawful trespass.”— 2020-02-05View Hansard
Supported the bill, focusing on the threats posed by illegal farm trespass to biosecurity and to farming families living in isolated rural communities.
“If a group of people came onto your property in masks in the middle of the night, I can see that that would be an extremely distressing and scary experience for those people on the receiving end.”— 2020-02-05View Hansard
Supported the farm trespass provisions but opposed body worn camera provisions for agricultural inspectors, the goat traceability changes, and the Paradise Dam and agricultural college amendments.
“This is an omnibus bill. It has some policies I support and some policies I do not.”— 2020-02-06View Hansard
▸In Detail6 Feb 2020View Hansard
Amendment to part headings to insert 'or 1 March 2020' as an alternative commencement date for certain provisions.
LNP amendment to omit the new section 17 breach of duty of care provision from the Animal Care and Protection Act, arguing that leaving animals in hot vehicles should be treated as a cruelty offence with higher penalties rather than a duty of care offence.
That the amendment be agreed to
Vote on the minister's amendment to insert Paradise Dam spillway works provisions into the Water Supply (Safety and Reliability) Act 2008, exempting spillway works from numerous environmental and planning approvals. Passed 47-41 with ALP and Greens in favour, LNP, KAP, NQF and PHON opposed.
The motion was defeated.
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Ayes (40)
Noes (46)
LNP amendment to insert new clause 6A increasing penalties for animal baiting from 300 penalty units or one year's imprisonment to 2,000 penalty units or three years imprisonment, to align with animal cruelty offence penalties.
That the amendment be agreed to
Vote on the minister's amendment to insert Paradise Dam spillway works provisions into the Water Supply (Safety and Reliability) Act 2008, exempting spillway works from numerous environmental and planning approvals. Passed 47-41 with ALP and Greens in favour, LNP, KAP, NQF and PHON opposed.
The motion was defeated.
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Ayes (40)
Noes (46)
Amendment to clause 36 correcting a drafting error in the livestock movement records provision.
Amendment to repeal the Queensland Agricultural Training Colleges Act 2005, dissolving QATC and its board, transferring assets and liabilities to the State, and providing transitional arrangements for employees.
That the amendment be agreed to
Vote on the minister's amendment to insert Paradise Dam spillway works provisions into the Water Supply (Safety and Reliability) Act 2008, exempting spillway works from numerous environmental and planning approvals. Passed 47-41 with ALP and Greens in favour, LNP, KAP, NQF and PHON opposed.
The motion was defeated.
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Ayes (40)
Noes (46)
Amendments to clause 132 refining the unlawful assembly provisions to require conduct to 'unlawfully happen on or unlawfully affect' specified land and replacing 'cause economic loss to' with 'directly disrupt the operation of' the farm business.
Amendment to insert Paradise Dam spillway works provisions into the Water Supply (Safety and Reliability) Act 2008, exempting spillway works and associated works from 17 Acts and other provisions to enable urgent dam safety works, expiring 31 December 2023.
That the amendment be agreed to
Vote on the minister's amendment to insert Paradise Dam spillway works provisions into the Water Supply (Safety and Reliability) Act 2008, exempting spillway works from numerous environmental and planning approvals. Passed 47-41 with ALP and Greens in favour, LNP, KAP, NQF and PHON opposed.
The motion was defeated.
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Ayes (40)
Noes (46)
▸6 members spoke1 support3 oppose2 mixed
Moved opposition amendments to strengthen animal cruelty penalties and spoke against the agricultural college repeal. While the LNP did not oppose the bill overall, he strongly criticised specific provisions.
“This amendment has been cynically snuck through without any community consultation or parliamentary committee scrutiny.”— 2020-02-06View Hansard
Supported biosecurity provisions, particularly for the banana industry in his electorate, but opposed the agricultural college closure amendments and the Paradise Dam provisions.
“Both the Emerald and the Longreach ag colleges have been a great asset. We have a $14 billion industry, and that has built up on the back of those colleges providing support, knowledge and information to our younger generation.”— 2020-02-06View Hansard
Strongly opposed the Paradise Dam amendments, arguing the community was not consulted and that international experts suggest the dam can be repaired without lowering the spillway.
“This is the biggest infrastructure fail in Queensland. The first act of this Queensland parliament in 2020 was to introduce these draconian, destructive amendments about what the future of Paradise looks like.”— 2020-02-06View Hansard
As Opposition Leader, strongly opposed the Paradise Dam amendments, arguing the community was not consulted and Labor was anti-dams, anti-regions and anti-jobs.
“The LNP cannot support these amendments to tear down Paradise Dam without a plan to repair it.”— 2020-02-06View Hansard
Strongly opposed the Paradise Dam amendments as the local member, arguing the decision threatened the region's water security, economy, and the mental health of farmers and irrigators.
“Labor's decision to ram through legislation to allow them to immediately start tearing down the Paradise Dam wall without any of the usual permits or environmental approvals tears down our parliamentary process with it.”— 2020-02-06View Hansard
As Minister for Natural Resources, strongly defended the Paradise Dam amendments, arguing community safety was paramount and experts had advised immediate action was necessary.
“I will not stand here as minister and have the population of Bundaberg and Burnett at risk.”— 2020-02-06View Hansard