Family Violence Amendment (Protecting People and Their Pets) Act 2024

Family Violence Amendment (Protecting People and Their Pets) Act 2024

An Act to amend the Family Violence Act 2004

Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Family Violence Amendment (Protecting People and Their Pets) Act 2024 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Family Violence Act 2004 is referred to as the Principal Act.

4.    Section 7 amended (Family violence)

The definition of family violence in section 7 of the Principal Act is amended as follows:

(a) by omitting from paragraph (c)(iii) "child." and substituting "child; or";

(b) by inserting the following paragraphs after paragraph (c) :

(d) any conduct committed by a person that causes the death or neglect of, or injury to, an animal that, directly or indirectly –

(i) intimidates, coerces or controls the person’s spouse or partner; or

(ii) causes mental harm to, or apprehension or fear in, the person’s spouse or partner; or

(e) any threats made by a person regarding the potential death or neglect of, or injury to, an animal that, directly or indirectly –

(i) intimidates, coerces or controls the person’s spouse or partner; or

(ii) causes mental harm to, or apprehension or fear in, the person’s spouse or partner; or

(f) any conduct referred to in paragraph (d) or threats referred to in paragraph (e) by a person that the person knows, or reasonably ought to know, is likely to, directly or indirectly –

(i) intimidate, coerce or control the person’s spouse or partner; or

(ii) cause mental harm to, or apprehension or fear in, the person’s spouse or partner.

5.    Section 7 further amended (Family violence)

Section 7 of the Principal Act is amended as follows:

(a) by renumbering the text of the section as subsection (1);

(b) by inserting the following subsection after subsection (1) :

(2)  For the purposes of subsection (1)(d), (e) or (f), it is irrelevant whether the animal referred to in the relevant paragraph –

(a) is owned by a person referred to in the paragraph or another person; or

(b) is domesticated or not.

6.   Repeal of Act

This Act is repealed on the first anniversary of the day on which this Act commences.

[Second reading presentation speech made in:

Legislative Council on 26 NOVEMBER 2024]

House of Assembly on 20 NOVEMBER 2024