Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Royal Society for the Prevention of Cruelty to Animals Western Australia Inc v Hammarquist | (2003) 138 A Crim R 329 | [2003] WASCA 35 |
The respondents were charged with nine counts of inflicting unnecessary suffering on an animal, a cow, and one count of of subjecting 50 cows to unnecessary suffering. The trial judge found the respondents wrongly charged and dismissed the charges without the prosecution clearly articulating its case. The trial judge was incorrect to dismiss the charges for want of particulars. The trial magistrate was also incorrect to dismiss the tenth charge for duplicity. In some circumstances it is possible to include multiple offences in the same charge where the matters of complaint are substantially the same. |
Case | |
| Queensland - Food Production - Agriculture Standards Act | Act No. 36 | The main objective of the Act is to provide for the making of standards about agriculture by establishing an administrative framework for the making of standards by the chief executive and by providing appropriate powers to ensure the standards are complied with. This Act was reprinted as at 1 October 2002. The reprint shows the law as amended by all amendments that commenced on or before that day and incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind. | Statute | ||
| Humane Society International Inc v Kyodo Senpaku Kaisha Ltd | (2008) 244 ALR 161 | (2008) 165 FCR 510; (2008) 99 ALD 534; [2008] FCA 3 |
The applicant, an incorporated public interest organisation, sought an injunction to restrain the respondent Japanese company which owned several ocean vessels engaged in, and likely to further engage in, whaling activities in waters claimed by Australia. It was found that the applicant had standing to bring the injunction and the respondent engaged in activities prohibited by the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Orders were entered against against the respondent even though it had no assets in Australia and the likelihood of being able to enforce judgment was very low. |
Case | |
| AU - Wildlife - Territory Parks and Wildlife Conservation Act 1977 (NT) | Territory Parks and Wildlife Conservation Act 1977 |
An Act to make provision for and in relation to the establishment of Territory Parks and other Parks and Reserves and the study, protection, conservation and sustainable utilisation of wildlife. |
Statute | ||
| The Duck Shooting Case | (1997) 189 CLR 579 | (1997) 146 ALR 248; (1997) 71 ALJR 837; [1997] 12 Leg Rep 14; [1997] HCA 31 |
The plaintiff was charged with being in an area set aside for hunting, during hunting season, without a licence. The plaintiff argued that he was there in order to collect dead and wounded ducks and endangered species and to draw media attention to the cruelty associated with duck shooting. The Court found that although the regulation under which the plaintiff was charged restricted the implied freedom of political communication, it was appropriate to protect the safety of persons with conflicting aims likely to be in the area. |
Case | |
| Australia - Animal Cruelty - Prevention of Cruelty to Animals (Animal Trades) Regulation 1996 | Agency Citation |
This Prevention of Cruelty to Animals (Animal Trades) Regulation 1996 identifies certain businesses as animal trades for the purposes of POCTAA, and prescribes Codes of Practice relevant to the conduct of those businesses. It also creates offences relating to the conduct of businesses classed as 'animal trades'. |
Administrative | ||
| AU - Exhibited Animals Protection Act 1986 (NSW) | Exhibited Animals Protection Act 1986 |
This Act deals with the exhibition of animals at marine or zoological parks, circuses and other places. It regulates the exhibition of all vertebrate animals in zoos, circuses or mobile displays regardless of whether they are native, exotic or domestic.
A person must have an approval to keep and exhibit an animal, and this is subject to qualifications, experience or any other term or condition that may be considered necessary |
Statute | ||
| Song v Coddington | (2003) 59 NSWLR 180 | [2003] NSWSC 1196 |
The appellant was charged and convicted of being a person in charge and authorising the carriage of a number of goats in cages which did not allow those goats to stand upright. The appellant was a veterinary doctor employed by the Australian Quarantine Inspection Service and authorised under the Export Control (Animals) Orders 1987 to certify animals for export. On appeal, it was determined that for the purposes of the Prevention of Cruelty to Animals (General) Regulation 1996, the appellant was not a person in charge of the goats. |
Case | |
| AU - Cruelty - Queensland Animal Care and Protection Regulation 2002 | This regulation implements the Animal Care and Protection Act 2001; it contains the codes of practice to be observed for securing animal welfare. | Statute | |||
| Towers-Hammon v Burnett | [2007] QDC 282 |
The respondent pleaded guilty to bashing several cats with an iron bar causing four deaths. The dead cats, along with one severely beaten but still alive kitten, were placed in a bag and disposed of in a charity clothing bin. On appeal, it was held that the trial judge failed to have sufficient regard to the callous nature of the respondent's actions and the respondent was sentenced to three months' imprisonment. |
Case |