The Australian Greens agriculture spokeswoman says breaking trespass laws to defend animal welfare can be reasonable.

Key points: Greens Senator Janet Rice said people should have the freedom to "call out" bad farming practices

Greens Senator Janet Rice said people should have the freedom to "call out" bad farming practices She said it should be up the the courts to decide whether the rationale behind trespassing was reasonable to draw attention to an alleged issue

She said it should be up the the courts to decide whether the rationale behind trespassing was reasonable to draw attention to an alleged issue Her comments come ahead of debate in Parliament about the Coalition-proposed anti-farm trespass laws

"You've got to allow people to be able to call out really bad practice and illegal operations … it is often very difficult to do that legally if you can't actually have the evidence," Greens Senator Janet Rice told the ABC.

"We know people have been appalled about what is going on with live sheep exports, of cruelty in some poultry farm operations, and that has occurred because people have actually had to break the law to collect the evidence."

Senator Rice said anyone who committed trespass should expect to be charged.

"Then it is up to the courts to decide whether the rationale for that trespass is reasonable if there were extenuating circumstance," she said.

"So for example, if they are trespassing a farm where it is known there is really poor practices, animal cruelty that is going on."

Police on scene at Carey Brothers meatworks in April as animal activists chain themselves to the kill floor. ( Facebook: Green Shirts Movement QLD )

Jail time penalty

Senator Rice made the remarks as the Federal Parliament prepared to debate anti-farm trespass laws, proposed by the Coalition.

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The new laws would create a penalty of up to one year in jail for a person who published information online, that led to another person trespassing on a farm.

A second offence would create a penalty of up to five years in jail for someone who published information online, that led to another person causing damage or theft on that farm.

Agriculture Minister Bridget McKenzie said the new laws, proposed during the Federal Election, would deter farm break-ins.

"This is about the right to farm, and making sure that Australians who are sustainably and ethically producing food, not just for us but for the world," she said.

'Surge in anti-farm activism'

Senator McKenzie said the Government did not know how many farms had been broken into in the past year, and could not say to what extent the Government expected the new laws to prevent farm trespass.

Earlier this year a website created by animal welfare activists published details of thousands of Australian farms, which the National Farmers' Federation (NFF) said breached privacy and encouraged trespass.

"There has been a surge in anti-farm activism this year, including highly distressing incidents where farms, feedlots and abattoirs have been invaded by activists who harass and intimidate law-abiding farmers," NFF president Fiona Simson said.

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Ms Simson said the NFF supported the right of individuals to protest — legally — and congratulated the Government for prioritising the legislation in the new Parliament.

"Unfortunately many anti-farming activists have chosen to express their views by trespassing, harassing and putting at risk the safety of farming families, their workers and their livestock," she said.

But Senator Rice, who claimed "much change in society had come because people had stood up and participated in civil disobedience," said the new penalties were extreme.

She said existing trespass laws, typically the responsibility of states and territories, were adequate.

"If you're a farmer operating as most farmers do, sensitively, sustainably, not mistreating your animals, it is not reasonable at all to be worried and fearful that someone is going to come and invade your farm," Senator Rice said.

"But in dealing with that fear it doesn't mean we should be unreasonably cracking down on genuine civil disobedience.

"When people have a reasonable expectation there are cruel practices going on, we've got to have a balance with that, and we think the existing laws strike that balance."

This week, the NSW Government amended its biosecurity laws so that a person found to trespass on farm in that state could be fined more than $400,000.

An inquiry in the Victorian Parliament is currently considering the impact of animal rights activism on that state's agriculture.