The state government has promised harsher penalties for animal activists who invade farms, in an effort to keep SA's farmers and their livestock safe and protect biosecurity.
On Tuesday at the Growing SA conference in Hahndorf, Primary Industries Minister Tim Whetstone said the state government would "stand with farmers", but added farmers also had to get better at sharing their story with the community.
He announced plans for new aggravated farm trespass offences recommending penalties up to $10,000 or 12 months' imprisonment, along with compensation to the farmer for any property damage.
The intention is for this to extend not just to farms but to also include abattoirs and butchers.
For too long we have seen the vegan trespass, for too long we have seen Aussie Farms putting people into a spin and scaring people for no credible reason.
- Primary Industries Minister Tim Whetstone
The SA government is also proposing to double the penalties under the Summary Offences Act 1953 for less serious offences, going from a maximum $2500 fine to $5000 where it occurs on farmland. It also intends to increase the penalties for interfering with farm gates or animals to a $2500 fine, or up to six months in jail.
"For too long we have seen the vegan trespass, for too long we have seen Aussie Farms putting people into a spin and scaring people for no credible reason," Mr Whetstone said.
"For too long we have had a soft touch on farm trespass and the biosecurity threats that come with it, especially with livestock - it has to stop."
The NSW government is also considering fines up to $22,000 for farm trespass in its right to farm bill and Qld is also considering new aggravated trespass offences.
National Farmers' Federation president Fiona Simson said she was pleased federal and state governments were working on significant policy changes, but the reality was farms were still being broken into "all the time".
She said the federal government had amended the privacy act to attempt to curb Aussie Farms' behaviour.
The Criminal Code Amendment Bill 2019 is also before parliament, with penalties of up to 12 months' jail for inciting others to trespass and up to five years in prison for inciting others to commit theft or property damage.
Ms Simson says when state laws are changed, it is important magistrates recognise the seriousness of farm trespass and impose appropriate penalties.
"Many are university students so we think the threat of a criminal record may be a good deterrent," she said.
"It seems ludicrous that as a farmer if one of your cattle National Livestock Identification System tags is missing you could be charged thousands and thousands of dollars, but if you are an activist that steals an animal from a farm with its tag, they receive a $1 fine."
Ms Simson said it was really important all livestock producers adhered to high animal welfare.
"We are really good at saying that everything we do on-farm is best practice, but do we really do everything well?" she said.
"If someone came onto your farm tomorrow, what would they see and would you be comfortable if it was splashed on the front page of a newspaper?"
Fine must match crime in farm trespass cases
FARM trespass has long been a crime with the bigger issue, according to Mellor Olsson lawyer Victoria Gilliland, that the judiciary has not always recognised the seriousness of the offending when handing out convictions.
Sitting completely detached in a courtroom the judges don't always realise just what trouble this is causing and what it means for you having a group of activists come onto your property.
- Mellor Olsson lsenior associate Victoria Gilliland
But she says recent awareness of the problem and proposed strengthening of laws would make enforcement easier.
"Sitting completely detached in a courtroom the judges don't always realise just what trouble this is causing and what it means for you having a group of activists come onto your property," she said.
Ms Gilliland said each state was responsible for its own criminal trespass laws, with SA's covered under Section 17 of the Summary Offences Act 1953.
This states it is an offence to be on private property for an unlawful purpose.
She noted NSW was considering handing out expiation notices for some farm trespass offences, like a speeding fine which would avoid the difficulties of prosecution.
Ms Gilliland explained how Aussie Farms had been prescribed by the federal government to adhere to the Privacy Act 1988 but said it appeared to be having limited impact.
"The problem is a lot of the information on their website is otherwise publicly available, but the danger is it is has been collated for a very specific purpose," she said.
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