Results
| Title | Citation | Alternate Citation | Summary | Type |
|---|---|---|---|---|
| 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 - 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 | |
| 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 | |
| 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 | |
| Yanner v Eaton | (1999) 201 CLR 351 | (1999) 105 LGERA 71; (1999) 166 ALR 258; (1999) 73 ALJR 1518; (1999) 18 Leg Rep 2; (1999) 107 A Crim R 551; [1999] HCA 53 |
The appellant was a member of the Gunnamulla clan of Gangalidda tribe from Gulf of Carpentaria and killed estuarine crocodiles by harpooning. He was charged under the Fauna Conservation Act 1974 (Qld) with taking fauna without holding a licence. The Court ultimately found that the appellant's right to hunt crocodiles in accordance with the Native Title Act 1993 (Cth) were not extinguished by the Fauna Conservation Act. |
Case |
| Beaumont v Cahir | [2004] ACTSC 97 |
The appellant landed a hot air balloon in a paddock occupied by a dressage horse belonging to the respondent. The horse was spooked and impaled itself on fencing. The appellant was liable for the cost of reinstating the horse to health and was not permitted to euthanise the horse and find a replacement. |
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 | |
| 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 |
| AU - Cruelty - South Australia Animal Welfare Act 1985 (SA) | Animal Welfare Act 1985 |
The South Australian Animal Welfare Act’s primary purpose is for the promotion of animal welfare. The Act is enforced by RSPCA SA and is the primary piece of legislation that aims to protect animals from cruelty in South Australia. The Act generally governs domestic privately owned animals (pets). |
Statute |