Is religious slaughter legal in Australia?

Australian Capital Territory

Yes

Section 20 of the Animal Welfare Act 1992 provides an exception for practices conducted in accordance with an approved code of practice or mandatory code of practice.

New South Wales

Yes

Section 23B of the Prevention of Cruelty to Animals Act 1979 provides certain defences. In short, a person accused of an offence is not guilty of an offence if they can satisfy the court:

(c) in the course of, and for the purpose of, destroying the animal, or preparing the animal for destruction—

(i) in accordance with the precepts of the Jewish religion or of any other religion prescribed for the purposes of this subparagraph, or

(ii) in compliance with any duty imposed upon that person by or under this or any other Act.

Northern Territory

Yes

Section 111 of the Animal Protection Act 2018 states that “it is not a defence to a prosecution for an offence against this Act that the conduct constituting the offence, or an element of the offence, was in accordance with cultural, religious or traditional practices.”

However, the Meat Industries Act 1996 requires both domestic and export abattoirs to comply with the Australian Standard for the Hygienic Production of Meat for Human Consumption which provides for an ‘approved arrangement’ for religious slaughter.

Queensland

Yes

Religious slaughter is exempted as an offence under the Animal Care and Protection Act 2001 (ACPA) under certain conditions. See section 45 of the ACPA.

South Australia

Yes

Schedule 2 of the Animal Welfare Regulations 2012 requires compliance with the Model Code of Practice for the Welfare of Animals: Livestock at Slaughtering Establishments.

Tasmania

Yes

Section 9 of the Meat Hygiene Regulations 2013 state that the Australian Standard for the Hygienic Production and Transportation of Meat and Meat Products for Human Consumption applies to the slaughter of animals and birds.

Victoria

Yes

Must comply with the Meat Industry Act 1993.

Western Australia

Yes

Must comply with the Food Act 2008 and Food Regulations 2009. The governing body is the Department of Health, and enforcement is conducted by local government.

Inspectors employed by DPIRD have the power to proactively inspect abattoirs to monitor their compliance with the Animal Welfare Act 2002.