WA GOVT Cleared to Prosecute

In 2008, "Emanuel Exports Pty Ltd ("Emanuel") and its directors were charged with cruelty to the sheep in that the way in which they were transported, and confined, was likely to cause the sheep unnecessary harm." The magistrate report stated "In summary, whilst the elements of the offence of cruelty to sheep, in the way of transport were proven, the AWA is invalid, that is inoperative, to the extent of its inconsistency with Commonwealth law due to operational inconsistency. On that basis the Accused are acquitted."
Fast forward to June 2021: a decision has just been handed down in the Magistrates Court of Western Australia that WA's Animal Welfare Act is not inconsistent with Commonwealth laws in relation to live animal exports. The decision was handed down in the ongoing Department of Primary Industries and Regional Development prosecution of Emanuel Exports Pty Ltd. The decision supports the State Government's position that WA's animal welfare laws can be applied to live animal exports without necessarily conflicting with Commonwealth law.

See: https://www.mediastatements.wa.gov.au/Pages/McGowan/2021/06/Court-decision-in-animal-welfare-case-welcomed.aspx
See: 2008 Magistrates Reasons for Decision