Earlier this month, the long-awaited verdict was announced in the matter of Department of Local Government and Regional Development (WA) v Emanuel Exports et al. The trial involved allegations that Emanuel and its directors breached the Animal Welfare Act 2002 (WA) by exporting live sheep in a way that caused them unnecessary harm.

The Magistrate found that the export of sheep in the circumstances of the case constituted a clear breach of the Act; however as the export was permitted under Commonwealth law, the relevant provisions of the Act were rendered inoperative or invalid under s109 of the Constitution. The Defendants were subsequently acquitted. This is a remarkable finding insofar as it confirms that Australia's Commonwealth laws legalise cruelty. To find out more about the case, login to Voiceless Law Talk. To learn about the live export trade, visit the 'Handle with Care' website.

Ref: Department of Local Government and Regional Development (WA) v Emanuel Exports et al (Magistrates Court of Western Australia [Criminal Jurisdiction], 8 February 2008)