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News
Thursday 16 October 2008
Reasons for judgment of Full Federal Court in Rural Export Trading (WA) Pty Ltd v Hahnheuser published 22 August 2008
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Wednesday 24 September 2008
WA Minister intervened to discontinue appeal in live sheep export case
The former WA Minister for Local Government & Regional Development intervened in the Emanuel Exports live sheep export case to discontinue the appeal by her own Department to the WA Supreme Court from the Magistrates’ decision. This was despite clear and senior legal advice that the Magistrate had erred in law in concluding that the accused were acquitted on the charges proven by reason of an operational inconsistency with Commonwealth laws on the part of the Animal Welfare Act 2002 (WA) (subsections 19(1) and (3)), so that the Act or those provisions were invalid or inoperative under section 109 of the Constitution.
In a media release at the time it was stated that the Government:
“... determined not to appeal the case and has expressed a preference to clarify the operational inconsistency found in Magistrate Crawford’s decision through discussions with the Commonwealth and potentially changes to regulation if needed.”
The difficulty with the media statement is that the Minister’s decision was based upon the existence of an operational inconsistency which the legal advice had concluded did not exist.
A copy of the Memorandum of Advice from members of the Victorian Bar is attached. It was sent by email to the Department on Friday 29 February 2008, seven days before the 28 day appeal period expired.
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Wednesday 13 February 2008
Reasons for judgment in Department of Local Government & Development v Emanuel Exports PL & Ors.
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Monday 03 December 2007
Trade Practices Amendment (Small Business Protection) Bill 2007
Article by David Marr in the Sydney Morning Herald on 23 August 2007 entitled 'Free speech? Not while we're on sheep's back'
Subsequently, with the calling of the federal election by Mr Howard, this Bill lapsed as it was due to be considered in the session of Parliament to be convened the day following the calling of the election. However, the Panel has written to the new federal Attorney-General, Hon Robert McClelland MP urging him to not reintroduce the Bill.
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Monday 03 December 2007
NSW Prevention of Cruelty to Animals Amendment (Prosecutions) Bill 2007
This Bill passed in the NSW Legislative Council late Thursday afternoon, 29 November 2007. The Bill proposes to remove the existing right of private prosecution for animal cruelty offences under the NSW Act by providing that a person may only be authorised to commence such a prosecution with the written consent of the Minister for Primary Industries or the Department's Director-General. It is expected the Bill will be proclaimed as of 1 January 2008 but will not apply to offences committed prior to that date. The Panel wrote to all Government members in the Legislative Assembly, Ms Clover Moore as an Independent member of the Legislative Assembly (and also Lord Mayor of Sydney), the key Shadow Ministers in the lower House, all Opposition members in the upper House, and all cross-benchers in the upper House. If the Opposition and the cross-benchers in the upper House had voted together to oppose the Bill, the Bill would have been blocked in the upper House. However, despite an excellent speech in the lower House by the Shadow Minister for Local Government, Mr Chris Hartcher, the Legislative Council Opposition members voted to support the Bill. As cross-benchers, The Greens (four members) voted against the Bill in the Legislative Council. The other cross-benchers, The Shooters Party and the Christian Democrats (two members each) voted to support the Bill. The lower House Hansard for the debate is at http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/8bd91bc90780f150ca256e630010302c/0a7fdffdfc43ac05ca2573a10007c72b!OpenDocument and the upper House Hansard for the debate is at http://www.parliament.nsw.gov.au/prod/parlment/hansart.nsf/8bd91bc90780f150ca256e630010302c/0c557aff15a482e2ca2573a2007e61ae!OpenDocument. The reasons the Panel thought the Bill was not in the public interest are set out in the attached sample letter to an Opposition member of the Legislative Council.
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