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Title Citation Alternate Citation Agency Citation Summary Type
Australia - Anti Cruelty - POCTAA General Regulations 1996 POCTAA Regs cl Agency Citation This Regulation is the Prevention of Cruelty to Animals (General) Regulation 1996 for the Prevention of Cruelty to Animals Act (POCTAA) 1979.  The regulations may prescribe guidelines relating to the welfare of species of farm or companion animals. Compliance or failure to comply with guidelines prescribed by regulation under this section is admissible as evidence in proceedings relating to compliance or failure to comply with POCTAA or the regulations. Administrative
Animal Liberation Ltd v National Parks & Wildlife Service [2003] NSWSC 457

The applicants sought an interlocutory injunction to restrain the respondent from conducting an aerial shooting of goats as part of a 'cull'. The applicants claimed that the aerial shooting constituted cruelty as the goats, once wounded, would die a slow death. An injunction was granted to the applicants pending final hearing of the substantive action against the aerial shooting.

Case
AU - Cruelty - Animal Welfare Act (ACT Primary Act) Animal Welfare Act 1992 The Australian Capital Territory enacted this Act 'for the promotion of animal welfare and for related purposes'. The Act is enforced by the RSPCA ACT and generally covers domestic animals. Statute
AU - Pest Plants and Animals Act 2005 (ACT) Pest Plants and Animals Act 2005

The Pest Plants and Animals Act 2005 (Pest Act) creates a system to identify and control potential pest plants and animals in the ACT. It provides a strategic framework for pest management. The objects of the Pest Act are to protect the Australian Capital Territories land and aquatic resources from threats posed by pest plants and animals by identifying, declaring and then managing pest plants and animals.

Statute
RSPCA v O'Loughlan [2007] SASC 113

The appellant, the RSPCA, relied on the fact that a horse, once in RSPCA care, had a significantly improved condition in comparison to that described as 'emaciated' while in the respondent's care. The respondent claimed that the horse's condition fluctuated depending on the presence of mares in heat during summer and that she had tried several changes to the feed to counter a loss in weight. On appeal, the appellate judge did not disturb the trial judge's finding and confirmed that the respondent's conduct was reasonable in the circumstances.

Case
Animal Liberation (Vic) Inc v Gasser (1991) 1 VR 51 (1990) Aust Torts Reports 81-027

Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.

Case
AU - Cruelty - Prevention of Cruelty to Animals Act 1986 (VIC) Prevention of Cruelty to Animals Act 1986 (Version No. 080)

The purposes of this Act are to promote the responsible care and use of animals; provide standards for the care and use of animals that achieve a reasonable balance between the welfare of animals and the interests of persons whose livelihood is dependent on animals; and to allow for the effect of advancements in scientific knowledge about animal biology and changes in community expectations about practices involving animals; to protect animals from unjustifiable, unnecessary or unreasonable pain; to ensure the use of animals for scientific purposes is accountable, open and responsible.

Statute
Australia - Welfare - Animal Welfare Act 1992 A1992-45 An Act for the promotion of animal welfare, and for related purposes. Statute
Turner v Cole [2005] TASSC 72

RSPCA officers found a horse belonging to the applicant on the applicant's property and, after preparing the horse for transport, had to euthanise the animal when it collapsed. The applicant was convicted of failing to feed a horse which led to its serious disablement and eventual euthanisation. The applicant was unsuccessful on all issues on appeal and was liable for a fine of $4000 and prevention from owning 20 or more horses for five years.

Case
AU - Rural Lands Protection Act 1998 (NSW) Rural Lands Protection Act 1998

An Act to provide for the protection of rural lands; to provide for the establishment of the State Policy Council of Livestock Health and Pest Authorities and the constitution of livestock health and pest authorities and the State Management Council of Livestock Health and Pest Authorities and for the functions of those bodies; to regulate travelling stock reserves, stock watering places and the transportation of stock by vehicle; to provide for the control of certain pests; and for other purposes.

Statute

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