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Cruelty to animals

The Animal Welfare Act 1985 (SA) prohibits cruelty to all animals [s 13]. An animal is defined as a member of any species of the sub-phylum vertebrata, other than human beings and fish [s 3].

Ill treatment of animals is prohibited and a maximum penalty of $20,000 or a term of up to 2 years of imprisonment applies. If a person intends or is reckless about whether their ill treatment causes serious harm to, or the death of an animal, the maximum penalty is a fine of up to $50,000 or a term of up to 4 years imprisonment.

Ill treatment occurs where:

  • a person intentionally, unreasonably or recklessly causes an animal unnecessary harm
  • an owner fails to provide an animal with appropriate and adequate food, water, living conditions or exercise
  • an owner fails to take reasonable steps to alleviate any harm suffered by the animal
  • an owner abandons an animal
  • an owner neglects an animal so as to cause it harm
  • an owner uses an animal in an organised animal fight
  • an owner causes an animal to be killed or hunted by another animal
  • an owner kills an animal in a manner that causes the animal unnecessary pain
  • an owner carries out a medical or surgical procedure on an animal in contravention of the Animal Welfare Regulations 2012 (SA) or ill treats an animal in any other manner prescribed by those regulations.

For a comprehensive summary of the penalties for offences under the Animal Welfare Act 1985 (SA), please see Animal Welfare Act 1985 penalties as at October 2023.

Standards for the breeding and trading of companion animals

The treatment of animals bred as pets (known as companion animals) is regulated by the South Australian Standards and Guidelines for Breeding and Trading Companion Animals [see the Animal Welfare Regulations 2012 (SA) Schedule 2, item 1].

The definition of companion animals includes, but is not limited to, dogs, cats, rabbits, guinea pigs, rats, mice, birds, amphibians and reptiles.

The Standards and Guidelines help to make clear the duties of breeders and traders under the Animal Welfare Act 1985 (SA).

The Standards are the minimum requirement set by law for the treatment of animals by breeders, pet shop owners and other traders in animals. A breach of the Standards may result in an expiation notice or prosecution under the Animal Welfare Regulations 2012 (SA) or, in more serious cases, a prosecution under the Animal Welfare Act 1985 (SA).

The Guidelines are not legally enforceable but provide guidance and direction to help meet the requirements of the Standards.

The Standards and Guidelines do not apply to fish, animals kept for the purposes of riding or food, or animals that are given away. They also exclude dogs and cats found and kept, provided they are not subsequently used for breeding.

Cruelty to animals  :  Last Revised: Tue Oct 17th 2023
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.