Australia

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AU - Cruelty - Animal Welfare Act (ACT Primary Act)

Summary: The Australian Capital Territory enacted this Act 'for the promotion of animal welfare and for related purposes'. The Act is enforced by the RSPCA ACT and generally covers domestic animals.

The Australian Capital Territory enacted this Act 'for the promotion of animal welfare and for related purposes'. The Act is enforced by the RSPCA ACT and generally covers domestic animals.

AU - Animal Welfare Act 1993 (TAS)

Summary:   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.

  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.

AU - Cruelty - South Australia Animal Welfare Act 1985 (SA)

Summary: 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).

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).

AU - Research - Animal Research Act 1985 (NSW)

Summary: 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).

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).

AU - Cruelty - Queensland Animal Care and Protection Act 2001 (QLD)

Summary: 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.

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.

Australia Animal Protection Law Journal

Summary: This page lists the volumes of the Australian Animal Protection Law Journal. Volume 1 (2008) through Volume 9 (2013) are available at the top of page as pdf downloads. Below this list of pdf links is a list of the table of contents for each volume of the journal. The table of contents contains the names of the articles, authors, and page numbers for each journal. More information about the journal is available at the Australian Animal Protection Law Journal website at http://animalprotectionlawjournal.com/.

This page lists the volumes of the Australian Animal Protection Law Journal. Volume 1 (2008) through Volume 9 (2013) are available at the top of page as pdf downloads. Below this list of pdf links is a list of the table of contents for each volume of the journal. The table of contents contains the names of the articles, authors, and page numbers for each journal. More information about the journal is available at the Australian Animal Protection Law Journal website at http://animalprotectionlawjournal.com/.

Dart v Singer

Summary: The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed.

The applicants pleaded guilty to a number of charges under the Animal Care and Protection Act 2001 (Qld) following the seizure of 113 live dogs, one cat, 488 rats, 73 mice, 12 guinea pigs and 11 birds from their premises due to unsanitary and inappropriate living conditions. The applicants claimed that RSPCA officers were acting ultra vires and that a stay preventing the RSCPA from parting with the animals should be effected. The applicants' argument failed.

Robertson v Department of Primary Industries and Fisheries

Summary: An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out.

An Inspector of the RSPCA entered premises occupied by the respondent and seized 104 dogs under the Animal Care and Protection Act 2001 which were then forfeited to the state. These actions were confirmed when the respondent sought an administrative review of the decisions and leave to appeal was refused. The respondent sought to raise numerous grounds of appeal against the prior refusal of leave to appeal, however, the appeal was struck out.

Windridge Farm Pty Ltd v Grassi

Summary: The defendants entered the plaintiff's land, containing a piggery, with the intention of taking photographs and film footage to establish that the plaintiff failed to meet certain standards. The defendants' argument that the plaintiff was not entitled to injunctive relief because of 'unclean hands' was dismissed by the court. The court also found that the defensive argument based on 'implied freedom of political communication' did not have application in the circumstances.

The defendants entered the plaintiff's land, containing a piggery, with the intention of taking photographs and film footage to establish that the plaintiff failed to meet certain standards. The defendants' argument that the plaintiff was not entitled to injunctive relief because of 'unclean hands' was dismissed by the court. The court also found that the defensive argument based on 'implied freedom of political communication' did not have application in the circumstances.

City of Armidale v Kiraly

Summary: The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.

The respondent, an owner of a brindle boxer dog, was charged with the dog attacking a person and for having the dog in a public place without a leash. The dog had escaped from the respondent's house and allegedly ran to and lunged at a lady delivering pamphlets. On appeal, the question of whether the dog's behaviour constituted an 'attack' for the purposes of the Dog Act 1976 (WA) s 33D(1) was a question of fact to be determined by the trial judge and, accordingly, the appeal was dismissed.

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