Senate debates

Wednesday, 11 September 2019

Bills

Criminal Code Amendment (Agricultural Protection) Bill 2019; Second Reading

11:23 am

Photo of Perin DaveyPerin Davey (NSW, National Party) Share this | Hansard source

Trespass is already against the state laws; I acknowledge that. I commend the states that have already taken actions against animal activists to strengthen their trespass laws, such as New South Wales; who are recognising at long last how important this is not only to farmers, their families, their employees and their businesses but also to biosecurity and good animal welfare protocols. I implore those states to thoroughly enforce those laws and I implore the judiciary to apply effective penalties, but, until those state laws are strengthened and until those penalties reflect the seriousness of the crime, we must in this place do what we can to prevent the promotion and incitement of these organised and malicious crimes.

I have friends who have been targeted. I have a dairy farmer friend who used to proudly show her property and her enterprise to people on request—she was proud of the work she did—until one day she became the victim of an attack. It turned out that one of those visitors that she showed through her dairy was actually just there to scope the joint and later returned to install hidden cameras. She now has installed her own CCTV cameras as a defence against future activist invasions. Another friend owns and manages an internationally recognised sustainable piggery. This piggery has won international environmental awards for its sustainability. It is a carbon-neutral piggery. She lives there with her young family. She has been targeted by activists 10 times; 10 times they've had their property broken into. In one instance the activists broke in during the dead of night. Breaching strict biosecurity protocols and risking the health of the whole herd of pigs, they woke the resting animals, and those that didn't wake of their own accord were poked and prodded until they woke squawking and screaming. The distress they caused for the animals got exactly the results they wanted: footage that they could release not to the authorities, to actually report animal welfare concerns, but to the media.

But what do you expect? These campaigns are not about truth; they are about misguided ideals. If these activists were truly concerned about animal welfare, they would not break into farms and collect hidden footage that they would then hold onto and release only at a time that suited their media strategy. If they were genuine and they had genuine concerns about animal welfare issues, they would report it immediately to the right authorities. In New South Wales we have a very strong relationship with the RSPCA, who thoroughly investigates any reported concerns about animal welfare needs. Perpetrators, when proven, can be prosecuted, and that is as it should be.

But on that point I do note that this bill does provide exemptions for both journalists and whistleblowers to ensure that legitimate media reports or whistleblowers who lawfully disclose allegations through the correct channels are not affected. That is also as it should be. Those that promote farm invasions do not differentiate between farm enterprises. If you look at the Aussie Farms online map, it includes intensive livestock as well as organic and free-range businesses. It lists both family farms and corporate farms alike. Apparently they are all bad.

Not only do the actions of activists have animal health and welfare consequences, breaching biosecurity protocols and stressing animals, but there are human consequences as well. Just this year, eight innocent people in Victoria became unemployed overnight when the owners of Gippy Goat Cafe decided it was not worth the continued harassment to keep their cafe open. This business, a small family-owned cafe in regional Victoria that employed eight local people, next to a goat dairy, was invaded at least twice and had its livestock stolen. Its staff were harassed by phone, and customers were harassed online in an ongoing and targeted campaign until it simply became too much. In this case, one of the activists who broke into the business—and stole a goat, mind you!—was caught and charged and fined $2. That's right—$2 for theft of livestock. Imagine if I broke into a jeweller's and stole a diamond ring and stalked and harassed staff. Do you think I would be forgiven with a $2 fine? What we are talking about here is breaking and entering and theft. It is not animal activism; it is breaking and entering and theft. And in this day and age, when we do not tolerate bullying and harassment and when we are trying actively to stamp it out in our schools, workplaces, homes and communities, why do we accept bullying and harassment in the name of animal activism? I do not buy it.

Australian farmers and their staff have a right to feel safe in their businesses and in their homes, and I have a right to feel safe taking my children to the school bus. Farmers should be able to carry out their business without the threat of activists invading their homes and stealing property. By all means, if you think a farmer is doing the wrong thing, report it through the legitimate authorities, but most farmers are doing the right thing and they should not have to fear animal activists illegally entering their properties, potentially bringing contaminants and diseases onto their properties that could wipe out an entire farming operation. Associated businesses like feedlots and abattoirs need to be able to carry out their business and employ people, providing jobs and economic activity in our regions and putting food on our tables, without fear of attack and obstruction which risk not only the safety of their staff but also the safety of the activists.

These new laws make it an offence to publish material via a carriage service with the intention to incite trespass on agricultural land or associated businesses. It sends a clear message to activists: if you use personal information to incite trespass, you risk jail. I reiterate that this does not prevent people holding legitimate protests about their concerns, but it does prevent people inciting trespass, which is breaking the law. This is what we can do in this place to protect the people in our nation who produce our food and fibre, and I commend it to the chamber.

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