Ag-Gag Laws in Australia: Activists under Fire May Not Be out of the Woods Yet
DOI:
https://doi.org/10.69970/gjlhd.v6i1.998Abstract
This paper examines the potential impact of Australia’s proposed ‘ag-gag’ laws in light of the decision of the High Court in ABC v Lenah Game Meats. It also explores the possible consequences of the (suggested) reforms on animal advocates, animal welfare, and our democratic and constitutional right to free political communication. The paper concludes that while the proposed laws may be unable to achieve their intended effect, they still present an inchoate threat to public debate and have the potential to undermine the democracy envisaged by the Australian Constitution.
References
A Articles/Books/Reports
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Cao, Deborah, Katrina Sharman and Steven White, ‘Animal Law in Australia’ (Thomson Reuters Australia, 2nd ed, 2015)
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Goodfellow, Jed, ‘Regulatory Capture and the Welfare of Farm Animals in Australia’ in Deborah Cao and Steven White (eds), Animal Law and Welfare — International Perspectives (Springer, 2016)
Herman, Edward, and Noam Chomsky, Manufacturing Consent: The Political Economy of the Mass Media (Pantheon Books, 2nd ed, 2002)
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B Cases
Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] 208 CLR 199
Australian Competition and Consumer Commission v C I & Co Pty Ltd & Anors [2010] FCA 1511
Australian Competition and Consumer Commission v Luv-a-Duck Pty Ltd [2013] FCA 1136
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Australian Competition and Consumer Commission v Pirovic Enterprises Pty Ltd (No 2) [2014] FCA 1028
Australian Competition and Consumer Commission v Rosemary Bruhn [2012] FCA
Australian Competition and Consumer Commission v Turi Foods Pty Ltd (No 5) [2013] FCA 1109
Complaint at 19, Animal Legal Defense Fund v Herbert, No 2:13-CV-00679 (D Utah, 22 July 2013), ECF No 2
C Legislation
Animal Care and Protection Act 2001 (Qld)
Animal Welfare Act 1985 (SA)
Animal Welfare Act 1992 (ACT)
Animal Welfare Act 1993 (Tas)
Animal Welfare Act 1999 (NT)
Animal Welfare Act 2002 (WA)
Biosecurity Act 2015 No 24 (NSW)
Criminal Code Act 1899 (Qld)
Criminal Code Act 1995 (Cth)
Criminal Code Amendment (Animal Protection) Bill 2015 (Cth) Human
Rights Act 2004 (Cth)
Prevention of Cruelty to Animals Act 1979 (NSW)
Prevention of Cruelty to Animals Act 1986 (Vic)
Surveillance Devices Act 2016 (SA)
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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
