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Title Citation Alternate Citation Summary Type
AU - Live export - Export Control Act 1982 Act No. 47 of 1982 as amended The purpose of this Act is to control the export of certain goods. In the Act, 'eligible live animals' are defined as 'prescribed goods consisting of live animals'. The Act sets out both the export and entry requirements for prescribed goods and the accreditation scheme concerning veterinarians. It also outlines the various offences that both veterinarians and exporters may be charged with, as well as details the general enforcement powers of authorised officers. Statute
Inst. of Cetacean Research v. Sea Shepherd Conservation Soc. 860 F. Supp. 2d 1216 (W.D. Wash. 2012) rev'd, 708 F.3d 1099 (9th Cir. 2013) and rev'd, 725 F.3d 940 (9th Cir. 2013) The Institute of Cetacean Research, a Japanese whaling group, sued the direct action environmental protection organization Sea Shepherd, claiming that Sea Shepherd’s actions taken against the whaling group’s vessels in the Antarctic are violent and dangerous. The Institute claimed that Sea Shepherd had rammed whaling ships, thrown dangerous objects on to the ships, attempted to prevent them from moving forward, and navigated its vessels in such a way as to endanger the Japanese ships and their crews. The Institute’s request for an injunction was denied when the Court held that the Institute did not establish the necessary factors. The Court did state, however, that though Sea Shepherd’s acts did not constitute piracy, it did not approve of the organization’s methods or mission. Case
Whaling in the Antarctic Whaling in the Antarctic (Austl. v. Japan), 2010 Judgment. In June 2010, Australia commenced proceedings against Japan at the International Court of Justice (ICJ), alleging that Japan has continued an extensive whaling program in breach of its obligations as a signatory to the International Convention for the Regulation of Whaling (ICRW). At issue was the moratorium on commercial whaling agreed upon in the 1980s. According to Australia, though Japan claimed to be killing whales purely for scientific reasons, the true purpose of the program was commercial. Japan did not deny that it was killing whales in the Antarctic, but claimed instead that because the ICRW grants each nation state the right to issue licenses for scientific whaling as it sees fit, Japan’s whaling program was legal. The ICJ ruled that Japan's Antarctic whaling program was not actually for scientific whaling and must end. Case
Windridge Farm Pty Ltd v Grassi [2010] NSWSC 335

The defendants entered the plaintiff's land, containing a piggery, with the intention of taking photographs and film footage to establish that the plaintiff failed to meet certain standards. The defendants' argument that the plaintiff was not entitled to injunctive relief because of 'unclean hands' was dismissed by the court. The court also found that the defensive argument based on 'implied freedom of political communication' did not have application in the circumstances.

Case
RSPCA v Harrison (1999) 204 LSJS 345 [1999] SASC 363

The respondent was the owner of a dog which was found with skin ulcerations, larval infestations and saturated in urine. On appeal, it was found that the trial judge failed to give proper weight to cumulative circumstantial evidence as to the respondent's awareness of the dog's condition. It was also found that 'illness' was intended to cover a wide field of unhealthy conditions and included the larval infestation. The respondent was convicted and fined.

Case
The International Fund for Animal Welfare (Australia) Pty Ltd and Minister for Environment and Heritage (2005) 93 ALD 594 (2005) 41 AAR 508; [2005] AATA 1210

Zoos in New South Wales and Victoria sought to import asian elephants for conservation and exhibition. The Tribunal considered whether the elephants were being imported "for the purposes of conservation breeding or propagation", the zoos were "suitably equipped to manage, confine and care for the animals, including meeting the behavioural and biological needs of the animals", the importation of the elephants would "be detrimental to, or contribute to trade which is detrimental to ... the survival .... or ... recovery in nature of" Asian elephants and whether the elephants were "obtained in contravention of, [or] their importation would ... involve the contravention of, any law". The importation was allowed.

Case
AU - Nature Conservation Act 1980 ( ACT) Nature Conservation Act 1980 An Act to make provision for the protection and conservation of native animals and native plants, and for the preservation of areas for those purposes. The Act creates the office of Conservator of Flora and Fauna and the Australian Capital Territory Parks and Conservation Service. Statute
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
Australia - Kangaroos - Shooting for Non-Commerical Purposes The National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Non-commercial Purposes sets an achievable standard of humane conduct and is the minimum required of persons shooting kangaroos and wallabies for reasons other than commercial utilisation of kangaroo products (skins and meat). This Code has been produced to ensure that all persons intending to shoot free-living kangaroos or wallabies for non-commercial purposes undertake the shooting so that the animal is killed in a way that minimises pain and suffering. Statute
Larobina v R [2009] NSWDC 79

The appellant appeal against a conviction for animal cruelty sustained in a lower court. After an examination of the elements of the statutory offense, it was found that the charge upon which the conviction was sustained was unknown to law.

Case

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