Animal Care and Protection Amendment Bill 2022
Plain English Summary
Overview
This bill updates Queensland's 20-year-old animal welfare laws to match modern science and community expectations. It bans harmful practices like prong collars and horse leg firing, creates tougher penalties for serious animal neglect, requires CCTV surveillance at slaughterhouses, and introduces new protections for retired racehorses.
Who it affects
Pet owners face new rules about securing dogs on vehicles and banned devices. Cattle producers gain access to accredited non-vet spayers and pregnancy testers. Slaughterhouse operators must install CCTV and comply with horse tracking requirements.
Key changes
- New aggravated breach of duty of care offence carrying up to 2,000 penalty units or 3 years imprisonment for neglect causing death or serious harm to an animal
- Prong collars banned, with up to 100 penalty units for use on an animal
- Dogs must be secured when transported on vehicle trays or trailers, with a maximum penalty of 60 penalty units
- Livestock slaughter facilities must install CCTV at all critical monitoring points and store recordings for at least 30 days
- Accredited non-veterinarians can commercially spay cattle and perform pregnancy testing, improving access in remote areas
- Queensland Racing Integrity Commission gains new powers to protect retired racehorses, with mandatory reporting when horses are sent to slaughter
- RSPCA inspectors subject to new oversight including training requirements, conflict of interest reporting, and potential suspension by the chief executive
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Introduced12 May 2022View Hansard
Vote on a motion
Procedural vote on a government motion to suspend standing orders to allow debate on a motion criticising the federal Morrison government for not giving Queensland its fair share of funding across housing, health, NDIS and disaster relief.
The motion was agreed to.
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 (47)
Noes (30)
▸Committee12 May 2022View Hansard
Referred to State Development and Regional Industries Committee
The State Development and Regional Industries Committee examined the Animal Care and Protection Amendment Bill 2022 and recommended it be passed. The committee made two additional recommendations: that the Department of Agriculture and Fisheries work with the Australian Government on prohibiting the import of harmful dog collars, and that DAF continue implementing Queensland Audit Office recommendations and monitoring RSPCA Queensland's inspectorate performance. The Queensland Government supported both additional recommendations.
Key findings (5)
- The committee recommended the bill be passed, with the Queensland Government supporting the committee's additional recommendations.
- Provisions allowing non-veterinarians to perform acts of veterinary science on animals used for scientific purposes were examined, subject to compliance with the Scientific Use Code.
- Stakeholders raised concerns about potential over-reach of restraint device provisions, but the committee was satisfied the drafting was appropriate after clarification from the Department of Agriculture and Fisheries.
- The committee highlighted the need for ongoing monitoring of RSPCA Queensland's performance in delivering inspectorate services under its Activity Agreement with the state.
- The prohibition on dog collars incorporating protrusions designed to puncture or bruise skin was supported, with a recommendation to pursue import restrictions at the federal level.
Recommendations (3)
- The committee recommends the Animal Care and Protection Amendment Bill 2022 be passed.
- The committee recommends that the Department of Agriculture and Fisheries continue to work with colleagues in the Australian Government, as appropriate, in relation to the prohibition on the import of dog collars incorporating protrusions designed to puncture or bruise an animal's skin.
- The committee recommends that the Department of Agriculture and Fisheries continue to implement Queensland Audit Office recommendations in full, and actively monitor and assess the performance of RSPCA Queensland in meeting its obligations under any Activity Agreement for delivering inspectorate services for the state.
Committee report tabled
▸Second Reading30 Nov 2022View Hansard
That the amendment be agreed to
Vote on an amendment to a procedural motion that occurred during a break in the Animal Care and Protection Amendment Bill debate. The amendment was agreed to 48-33.
The motion passed.
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Ayes (48)
Noes (33)
That the motion, as amended, be agreed to
Vote on the procedural motion as amended, following the previous division. Passed 48-33.
The motion passed.
▸Show individual votesHide individual votes
Ayes (48)
Noes (33)
▸16 members spoke9 support7 mixed
As the minister responsible, defended the bill in his reply speech, rebutting opposition criticisms about the CSSP ban, prong collar ban, and consultation process, emphasising the bill modernises animal welfare laws in line with community expectations and industry support.
“It is the same old LNP—too angry to see the truth, too lazy to do the work, and too out of touch to support an industry that is the lifeblood of rural and regional Queensland.”— 2022-12-02View Hansard
Continued his contribution from the previous sitting, outlining the key amendments including the new aggravated duty of care offence, RSPCA oversight reforms, and lay pregnancy testing framework. Commended the bill to the House.
“This legislation seeks to modernise animal welfare legislation in Queensland to 'reflect changes in contemporary science and community expectations'.”— 2022-12-01View Hansard
As the minister introducing the bill, outlined the key reforms including tougher penalties for animal neglect, banning prong collars and CSSP pig poison, new accreditation schemes for cattle procedures, and implementation of QAO and Martin inquiry recommendations.
“The introduction of an aggravated breach of duty of care offence, intended for circumstances where an animal has died or suffered prolonged suffering as a result of a person's failure to fulfil their duty of care.”— 2022-11-30View Hansard
Although broadly supportive of the bill, strongly opposed clause 16 banning CSSP pig poison, arguing there is no equivalent alternative available for primary producers and the ban could harm biosecurity efforts against foot-and-mouth disease. Also raised concerns about the reverse onus of proof for producers in extreme weather and the lack of clarity on restraint devices.
“At the outset I want to make it clear: although broadly supportive of the bill, the LNP will be opposing clause 16 with regard to section 42 that sets out the ban on the use of yellow phosphorous CSSP feral pig poison.”— 2022-12-01View Hansard
Broadly supportive of most intentions in the bill but strongly opposed the ban on CSSP pig poison, raised concerns about the prong collar ban citing lack of evidence and consultation, and warned of unintended consequences for biosecurity and veterinary practice viability.
“While I and the LNP are broadly supportive of most intentions in this bill, we must remember that good intentions do not always deliver the right outcomes.”— 2022-11-30View Hansard
Spoke in support of the bill, congratulating the minister and department on the review. Addressed opposition concerns about the aggravated duty of care offence by pointing to existing exemptions in the act for natural disaster situations, and defended the forward-thinking approach to regulating restraint devices.
“In no way is this government going to expect people to put their own lives at risk for the health, safety and wellbeing of animals. We understand how much they need and care for those animals.”— 2022-12-01View Hansard
As committee chair, supported the bill including the bans on prong collars and CSSP pig poison, citing peer-reviewed evidence of harm from prong collars and the availability of more humane alternatives to CSSP. Commended the implementation of QAO recommendations.
“Quite simply, it is not needed.”— 2022-11-30View Hansard
Stated his unequivocal stance against animal cruelty and support for genuine animal protection measures, but criticised the government's substandard consultation processes, noting that industry stakeholders only learned of the legislation through the Premier's Facebook page and that many concerns were not meaningfully addressed.
“I once again reiterate my firm support for genuine measures which seek to ensure not only the protection of animals but also the prevention of animal cruelty.”— 2022-12-01View Hansard
Filed a statement of reservation on the bill. Opposed the outright ban on prong collars, arguing they provide clear communication between handler and dog, and urged the minister to allow trained users an exemption. Opposed the CSSP ban, arguing farmers need all available tools for feral pig control amid biosecurity threats.
“I would much rather have a dog under control in a public setting and no-one getting hurt than that dog being out of control and somebody accidentally being bitten.”— 2022-11-30View Hansard
Spoke in support of the bill, highlighting changing community attitudes towards animal welfare and the importance of banning prong collars. Supported the prohibition of CSSP poison and the ban on firing and blistering of horses.
“Clearly, the time has come to stop being medieval to our animals.”— 2022-12-01View Hansard
As a committee member, spoke in support of the bill, outlining its objectives including modernising animal welfare laws, implementing the Martin inquiry and QAO recommendations, and strengthening enforcement powers.
“I am pleased to rise to speak in support of the Animal Care and Protection Amendment Bill 2022.”— 2022-11-30View Hansard
Raised concerns about the bill's amendments to the definition of scientific purposes, arguing they would facilitate expanded use of genetic engineering and cloning of animals with inadequate oversight. Also criticised the lack of independent inspection of animal research facilities and called for more funding to control feral pigs.
“My concern is the bill's amendment to the definition of 'scientific uses' or 'purposes' in the bill has been done to specifically facilitate the expanded use of genetic engineering and cloning of animals in Queensland.”— 2022-12-01View Hansard
Spoke in support of the bill, emphasising the duty of care that comes with animal ownership. Supported the strengthened penalties, enhanced inspector powers for adverse weather conditions, RSPCA oversight reforms, and the ban on prong collars.
“It has always been my belief that owning a pet or any animal comes with a duty of care and an immense responsibility.”— 2022-12-01View Hansard
Supported the bill as building on the groundbreaking work of the Beattie Labor government's original 2001 act. Cited horrific animal cruelty cases to justify the need for tougher penalties and commended the minister's personal passion for the reforms.
“This bill makes sure that legislation can keep pace with contemporary animal welfare standards and community expectations, which means better animal welfare in Queensland.”— 2022-12-01View Hansard
Supported some aspects of the bill including the new aggravated duty of care offence and lay pregnancy testing framework, but opposed the ban on prong collars and CSSP pig poison. Raised concerns about the RSPCA's role as a third-party enforcement body with ideological positions against hunting and live exports. Announced KAP would move amendments for a moratorium on the CSSP ban.
“We basically have a third-party police force—that is, the RSPCA—that has the ability and the blessing of government to go out there and enforce the law and also prosecute.”— 2022-12-01View Hansard
Noted the LNP does not oppose the bill but raised concerns about the CSSP ban as removing the most cost-effective feral pig poison without adequate consultation with AgForce, the prong collar provisions being introduced without formal consultation, and the reverse onus of proof on primary producers under the aggravated duty of care offence.
“If you love national parks and you love our native wildlife, you should be able to come to a position where you support the use of the most cost-effective and efficient measures to reduce, if not eliminate, this scourge of feral pigs in our state.”— 2022-12-01View Hansard
▸In Detail2 Dec 2022View Hansard
Amendment to insert a new clause 1A delaying commencement of section 16 (the CSSP pig poison ban) until 1 January 2025, giving a two-year delay to the ban due to biosecurity risks from feral pig populations.
Moved an amendment during Consideration in Detail to delay the CSSP pig poison ban by two years, citing biosecurity risks from feral pig populations and the threat of foot-and-mouth disease. His amendment was not voted on separately due to the business program time limit.
“This is due to the presently unacceptable biosecurity risks posed by Queensland's large feral pig populations, which could serve as a vector of foot-and-mouth disease and the important role CSSP pig poison has historically and currently in playing in effectively managing the feral pig population.”— 2022-12-02View Hansard
▸Third Reading2 Dec 2022View Hansard
That the long title of the bill be agreed to
Party VoteFinal procedural vote on the long title of the Animal Care and Protection Amendment Bill 2022, resolved in the affirmative under standing order 106(10) after the business program time limit expired, meaning no recorded individual votes were taken.
The motion passed.
What is a party vote?
This was a party vote. Each party's Whip declared how their members voted without a physical count, so individual votes were not recorded. Party votes are used when all members of a party are expected to vote the same way.
Assent date: 12 December 2022
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Sectors Affected
Classified using AGIFT/ANZSIC Australian government standards