Results
| Title | Citation | Alternate Citation | Agency Citation | Summary | Type |
|---|---|---|---|---|---|
| Australia - Animal Welfare - (Broiler Chickens: Fully Housed) Code of Welfare 2003 | Code of Welfare No. 1 | This code applies to all persons responsible for the welfare of broiler chickens in controlled environment broiler production systems. The pre-hatched chick that is in the last half of development is also covered by this code. In controlled environment broiler production systems, broiler chickens are kept in enclosed housing and are reliant on human management for all their daily requirements. The rearing of broiler chickens, if it is to be done well, requires both experience and the observance of high standards. Unless that work is done well, the welfare of the birds cannot be adequately protected. This code is intended to encourage all those responsible for its implementation to adopt the highest standard of husbandry, care and handling, to equal or exceed the minimum standards. | Administrative | ||
| 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 | |
| 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 | |
| AU - Research - Animal Research Act 1985 (NSW) | Animal Research Act 1985 |
The NSW Act was introduced to protect the welfare of animals by ensuring that their use in research is always humane, considerate, responsible and justified. The 1995 Regulation incorporated the Australian Code of Practice for the Care and Use of Animals for Scientific Purposes into the legislation. Quorum The quorum for a meeting of the Panel is 7 members of the Panel, of whom: (a) at least one shall be a member appointed in accordance with section 6 (2) (a) or (b), (b) at least one shall be a member appointed in accordance with section 6 (2) (c) or (d), and (c) at least one shall be a member appointed in accordance with section 6 (2) (e), (f), (g) or (h). |
Statute | ||
| People v. Gordon | 85 N.Y.S.3d 725, (N.Y.Crim.Ct. Oct. 4, 2018) | 61 Misc.3d 966, 2018 N.Y. Slip Op. 28306, 2018 WL 4837574 (N.Y.Crim.Ct. Oct. 4, 2018) | This New York case reflects Defendant's motion to dismiss the "accusatory instrument" in the interests of justice (essentially asking the complaint to be dismissed) for violating Agricultural and Markets Law (AML) § 353, Overdriving, Torturing and Injuring Animals or Failure to Provide Proper Sustenance for Animals. Defendant's primary argument is that she is not the owner of the dog nor is she responsible for care of the dog. The dog belongs to her "abusive and estranged" husband. The husband left the dog in the care of their daughter, who lives on the second floor above defendant. When the husband left for Florida, he placed the dog in the backyard attached to his and defendant's ground floor apartment. The dog did not have proper food, water, or shelter, and slowly began to starve resulting in emaciation. While defendant asserts she has been a victim of domestic violence who has no criminal record, the People counter that defendant was aware of the dog's presence at her residence and allowed the dog to needlessly suffer. This court noted that defendant's motion is time-barred and must be denied. Further, despite the time bar, defendant did not meet her burden to dismiss in the interests of justice. The court noted that, even viewing animals as property, failure to provide sustenance of the dog caused it to suffer needlessly. In fact, the court quoted from in Matter of Nonhuman Rights Project, Inc. v. Lavery (in which denied a writ of habeas corpus for two chimpanzees) where the court said "there is not doubt that [a chimpanzee] is not merely a thing." This buttressed the court's decision with regard to the dog here because "he Court finds that their protection from abuse and neglect are very important considerations in the present case." Defendant's motion to dismiss in the interest of justice was denied. | 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 | ||
| 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 | ||
| 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 |