Ag-Gag Laws in Australia: Activists under Fire May Not Be out of the Woods Yet

Elizabeth Englezos

Abstract


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.


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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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B Cases

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Australian Competition and Consumer Commission v C I & Co Pty Ltd & Anors [2010] FCA 1511

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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)

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Prevention of Cruelty to Animals Act 1986 (Vic)

Surveillance Devices Act 2016 (SA)