Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| AU - Animal Welfare Act 1993 (TAS) | Prevention of Cruelty to Animals Act 1986 |
The AWA promotes the responsible care and use of animals through a strong focus on education, underpinned by legislation. It places a legal 'duty of care ' on those in charge of animals to provide for those animals' needs in an appropriate way. The RSPCA Tasmania administers this Act. |
Statute | |
| AU - Wildlife Protection- Queensland Nature Conservation Act 1992 | The object of this Act is the conservation of nature.The conservation of nature is to be achieved by an integrated and comprehensive conservation strategy for the whole of Queensland that involves, among other things, the following— (a) Gathering of information and community education; (b) Dedication and declaration of protected areas; (c) Management of protected areas;(d) Protection of native wildlife and its habitat; (e) Use of protected wildlife and areas to be ecologically sustainable; (f) Recognition of interest of Aborigines and Torres Strait Islanders in nature and their cooperative involvement in its conservation; and (g) Cooperative involvement of land-holders.This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, land-holders and interested groups and persons, including Aborigines and Torres Strait Islanders. | 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 - Wildlife - Wildlife Conservation Act 1950 (Western Australia) | Wildlife Conservation Act 1950 |
The Act covers the protection of fauna, the taking of protected species, licence requirements and possible opportunities, the authority of wildlife officers, crown lands. The Department of Environment and Conservation is the primary agency responsible for conserving this biodiversity. This Act provides for the conservation and protection of wildlife. |
Statute | |
| Animal Liberation Ltd v Department of Environment & Conservation | [2007] NSWSC 221 |
The applicants sought to restrain a proposed aerial shooting of pigs and goats on interlocutory basis pending the outcome of a suit claiming the aerial shooting would constitute cruelty. It was found that the applicants did not have a 'special interest' and as such did not have standing to bring the injunction. The application was dismissed. |
Case | |
| Department of Local Government and Regional Development v Emanuel Exports Pty Ltd | Western Australia Magistrates Court, 8 February 2008, Magistrate C.P. Crawford |
The central allegation was that the defendants transported the sheep in a way likely to cause unnecessary harm. Magistrate Crawford found that the sheep, some of which died from inanition, suffered distress and harm and that this harm was unnecessary. Proof of actual harm, however, was unnecessary as it only had to be shown that it was likely that the sheep would suffer harm. This required evidence pointing only to the conditions onboard the ship, and voyage plan, as at the first day. The defences of necessity and honest and reasonable belief were both dismissed. |
Case | |
| AU - Farming - Stock Act 1915 (QLD) | Stock Act 1915 |
The Stock Act governs the treatment and welfare of stock or farm animals in Queensland. The purpose of the Act is to promote responsible animal care and protection, to provide standards for animal care and use, to protect industry in the event of a disease outbreak.
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Statute | |
| RSPCA v. Stojcevski | 2002 WL 228890, 134 A Crim R 441 | 2002 SASC 39 |
Appeal against the order of the Magistrate dismissing a complaint - prevention of cruelty to animals - respondent charged with ill treating an animal in that failed to take reasonable steps to alleviate any pain suffered by the animal who had a fractured leg bone contrary to sec 13(1) of the Prevention of Cruelty to Animals Act 1985. Dismissal was upheld and court found that defendant did not understand dog was in pain and had and was going to take reasonable steps. |
Case |
| Veterinary Surgeons Investigating Committee v. Lloyd | 2002 WL 31928523, 134 A Crim R 441 | 2002 NSWADT 284 |
Appeal of agency determination of veterinarian malpractice for failure to detect ring worms in a cat. Long case with full discussion of process of administrative hearing and the standards by which to decide if an action is malpractice. |
Case |
| Rural Export & Trading (WA) Pty Ltd v Hahnheuser | (2007) 243 ALR 356 | (2007) ATPR 42-189; [2007] FCA 1535 |
The applicants held sheep in a pen pending live export. The respondent broke into that pen and put pork products in their feed rendering them unfit for export to countries whose markets had religious proscriptions against eating pork products. The court found that the respondent's conduct did not amount to 'hindering' as defined in the Trade Practices Act 1974 (Cth) and that his action was for the dominant purpose of environmental protection, which included protecting sheep from the conditions suffered during the live export trade. |
Case |