Australia

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The Duck Shooting Case

Summary: 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.

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.

Animal Liberation (Vic) Inc v Gasser

Summary: Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.

Animal Liberation were injuncted from publishing words claiming animal cruelty in a circus or demonstrating against that circus. They were also found guilty of nuisance resulting from their demonstration outside that circus. On appeal, the injunctions were overturned although the finding of nuisance was upheld.

Re Weaver; Trumble and Animal Welfare League of Victoria

Summary: As part of her will, a testatrix left the yearly interest from a capital sum to the benefit of the Animal Welfare League of Victoria. After consideration of the objects of the League, the Court found that the League's activities were charitable and that even if its attention was not devoted to caring for sick animals in need of medical attention, this would not deprive the League's purpose of its charitable intention. The gift was, therefore, deemed a charitable gift.

As part of her will, a testatrix left the yearly interest from a capital sum to the benefit of the Animal Welfare League of Victoria. After consideration of the objects of the League, the Court found that the League's activities were charitable and that even if its attention was not devoted to caring for sick animals in need of medical attention, this would not deprive the League's purpose of its charitable intention. The gift was, therefore, deemed a charitable gift.

Department of Local Government and Regional Development v Emanuel Exports Pty Ltd

Summary: 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.

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.

Detailed Discussion of Australian Live Export Laws

Summary: This article discusses the Australian live export legislation in detail. It also outlines the main shortcomings of the legislation and outlines areas that are in need of reform. Finally, the article proposes future options that could possibly replace the live export industry in Australia, or at the very least, alleviate some of the current animal welfare concerns.

This article discusses the Australian live export legislation in detail. It also outlines the main shortcomings of the legislation and outlines areas that are in need of reform. Finally, the article proposes future options that could possibly replace the live export industry in Australia, or at the very least, alleviate some of the current animal welfare concerns.

Detailed Discussion of the Laws Governing Kangaroo Culling in Australia

Summary: This article provides a detailed discussion of the laws governing kangaroo culling in Australia. The paper analyses both the commercial and non-commercial industry and makes an evaluation as to the legislation's effectiveness. The article also discusses other issues such as enforcement, animal and consumer welfare, as well as the sustainability of the industry.

This article provides a detailed discussion of the laws governing kangaroo culling in Australia. The paper analyses both the commercial and non-commercial industry and makes an evaluation as to the legislation's effectiveness. The article also discusses other issues such as enforcement, animal and consumer welfare, as well as the sustainability of the industry.

Australia - Animal Cruelty - Prevention of Cruelty to Animals (Animal Trades) Regulation 1996

Summary: 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'.

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'.

Australia - Anti Cruelty - POCTAA General Regulations 1996

Summary: This Regulation is the Prevention of Cruelty to Animals (General) Regulation 1996 for the Prevention of Cruelty to Animals Act (POCTAA) 1979.  The regulations may prescribe guidelines relating to the welfare of species of farm or companion animals. Compliance or failure to comply with guidelines prescribed by regulation under this section is admissible as evidence in proceedings relating to compliance or failure to comply with POCTAA or the regulations.

This Regulation is the Prevention of Cruelty to Animals (General) Regulation 1996 for the Prevention of Cruelty to Animals Act (POCTAA) 1979.  The regulations may prescribe guidelines relating to the welfare of species of farm or companion animals. Compliance or failure to comply with guidelines prescribed by regulation under this section is admissible as evidence in proceedings relating to compliance or failure to comply with POCTAA or the regulations.
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