Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Rural Export & Trading (WA) Pty Ltd v Hahnheuser | (2008) 249 ALR 445 | (2008) 169 FCR 583; [2008] FCAFC 156 |
The trial judge held that the respondent's placing of a ham mixture in the feed of sheep prior to live export was covered by the defence of dominant purpose for environmental protection under the Trade Practices Act 1974 (Cth). On appeal, the court held that the respondent's actions were not an attempt at environmental protection but rather sought to prevent what he believed would be cruelty to those animals on board the ship during live export and upon arrival. The case was referred back to the Federal Court for assessment of damages. |
Case | |
| Mark, Stoner, Setter and Pearson v Henshaw | (1998) 155 ALR 118 | (1998) 85 FCR 555; [1998] FCA 556 |
The four appellants, members of Animal Liberation, entered premises containing battery hens without permission. This was done allegedly on concern as to the treatment of those battery hens and the appellants claimed this constituted a reasonable excuse. After a second appeal, the convictions were upheld and it was found that the appellants did not have a reasonable excuse for trespass. |
Case | |
| Australia - Anti Cruelty - New South Wales Regulations |
The Prevention of Cruelty to Animals (General) Regulation 2006 are authorative in the state of New South Wales. |
Administrative | |||
| 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 | |
| AU - Cruelty - Queensland Animal Care and Protection Act 2001 (QLD) | Queensland Animal Care and Protection Act 2001 |
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. Attached pdf is the 2003 reprint. |
Statute | ||
| AU - Threatened Species Protection Act 1995 (QLD) | Threatened Species Protection Act 1995 |
The Nature Conservation Act 1992 is an act of the Parliament of Queensland that provides for the legislative protection of Queensland's threatened fauna and flora. As originally published, it provided for native animals and plants to be declared presumed extinct, endangered, vulnerable, rare or common. In 2004 the act was amended to more closely align with the International Union for the Conservation of Nature and Natural Resources categories: presumed extinct was changed to extinct in the wild and common was changed to least concern. |
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 | |
| 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 | |
| New Zealand - Animal Welfare - Code for Layer Hens 2012 | This code sets the minimum standards for the care and management of layer hens under all forms of management used in New Zealand. The purpose of this code is to provide guidance to the owners of layer hens and to persons who are in charge of them about the standards they must achieve in order to meet their obligations under the Animal Welfare Act 1999. | Statute | |||
| 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 |