New biosecurity laws being debated in Victorian parliament could see fines double for animal activists found trespassing on farms, in a move described as “ag-gag by stealth” by critics.
This is despite the state government claiming it had created some of “the toughest punishments” for animal activists in the country less than 18 months ago.
The state government says the new biosecurity legislation amendment (incident response) bill 2023 – expected to pass the lower house this week – and its new penalties were designed to strengthen the state’s response to animal diseases.
The bill will see the highest penalty for unlawful entry on to agricultural properties increase from $11,538.60 to $23,077.20 for individuals and from $57,693 to $115,386 for organisations.
On-the-spot fines will also increase from $1,346.17 to $2,307.72 for individuals and from $8,653.95 to $11,538.60 for organisations.
The new laws also include the introduction of offences for “damaging, defacing or removing” biosecurity signage displayed by farmers, that ensure the trespass fines apply to their properties.
There are new penalties for people who remove or replace identification tags on livestock or who fail to follow biosecurity and traceability requirements. The bill also allows Victoria police to be recognised as livestock inspectors to better investigate farm-related crimes.
Danyel Cucinotta, the vice-president of the Victorian Farmers Federation, welcomed the new fines and said the current penalties had failed to deter animal activists.
“We absolutely welcome a harsher penalty for trespass as well as offences for breaking biosecurity on any farm,” the third-generation egg farmer said.
Cucinotta said she was encouraged the government was bolstering its biosecurity, given foot-and-mouth disease was on Australia’s doorstep in Indonesia and has run rampant through that country since May.
“The Victorian agricultural economy is worth about $18bn, if something happened to get in, it could decimate the entire industry,” she said, noting those who trespass on farms could even unknowingly bring in the disease.
“If you’ve been overseas and you do not clean your shoes properly, or clean your clothes properly, or even your luggage can bring back a risk.”
But the Animal Justice party MP Georgie Purcell said there was no evidence to suggest any unlawful entry by animal activists had resulted in a disease outbreak.
“The biggest biosecurity risk is keeping animals in unsanitary and cramped conditions,” Purcell said.
She described the new bill as a “form of ag-gag by stealth” and noted the agriculture minister, Ros Spence, did not make mention of animal activists when she read into parliament last month.
“Unless the government comes out and says we will ensure that these new laws are not used to target undercover investigators and animal rescuers, we’ve got to treat it like that it’s purpose,” Purcell said.
A spokesperson for the Victorian government said the bill was focused on biosecurity and preventing diseases.
“This legislation is about enhancing Victoria’s ability to prepare, respond and recover from the detection or outbreak of pests, weeds and emergency animal diseases like foot-and-mouth disease or red imported fire ant – not animal activists,” the spokesperson said.
However, if an animal activist did not comply the measures in the bill, they will be affected by the new penalties.
Chris Delforce, the chief executive of the activist group Farm Transparency Project that publishes footage from inside abattoirs and farms, said he was not surprised the government had “quietly” introduced the bill.
“They got a lot of flak about the last one, so it’s not surprising that they’ve completely omitted any reference to activists this time,” he said.
“Reading the bill, it’s clear it’s going to affect any activists who are caught investigating cruelty or rescuing animals from dire situations, factory farms and slaughterhouses.”
Earlier this year, Delforce hid for nine hours inside a carbon dioxide gas chamber at an abattoir in Melbourne’s west to document the gassing of pigs.
He said the penalties would not dissuade him or other activists from their work.
“We know that there are massive risks involved but we just have to do it anyway. Because without exposing it, people don’t know what’s happening. It’s not in the public’s consciousness,” Delforce said.
