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Export Law: Exporters cant have their cake and eat it too

30/4/2018

Emmanuel Exports wiggled out of a WA prosecution over cruelty in a routine voyage in 2008 on the Al Kuwait by claiming it was Federal Law (and Federal over-rides State). Now they are claiming that they cannot be touched by Federal Law....and legal expert Malcolm Caulfield agrees.....

So, bring it on....a WA state prosecution should be fine after all.

Cant have it both ways.

Suzanne Cass

13/5/2018 11:00:24 pm

I don't agree that exporters cannot be touched. I brought a case against various entities in SA when the Al Messilah broke down in Port Adelaide in 2010, and the matters eventually went to the SA Ombudsman. His vie in his final report was that the animals are under the protection of State Animal Welfare Laws so long as they are in Australian Territorial Waters - including when they are on ships in ports. (Eminent Barrister Graeme McEwen took that further in his E-Book, his view was that that extended to the point of disembarkation). So that being the case, the regulatory authorities (State Government and RSPCA) have Powers of Entry 'if they have reason to believe an offence is being, or will be, committed'. So, step up, you authorities!

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