Key decisions
- Animals Australia Federation v Secretary, Department of Agriculture, Water and the Environment [2020] FCA 905
- Friends of Leadbeater’s Possum Inc v VicForests (No 4) [2020] FCA 704
Administrative law
Judicial review of decision granting exemption from prohibition of live animal export – procedural fairness – legal unreasonableness
In Animals Australia Federation v Secretary, Department of Agriculture, Water and the Environment [2020] FCA 905 (26 June 2020) the Court determined an application for judicial review of the decision to grant an exemption under s 12(1) of the Australian Meat and Live-Stock Industry (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2020 (Cth) (‘Northern Summer Order’) to permit the export of sheep in the Northern Hemisphere summer.
For animal welfare reasons, s 8 of the Northern Summer Order prohibits the export of live sheep from Australia by a sea-going vessel to certain parts of the Middle East between 1 June and 14 September. Section 12 of the Northern Summer Order provides the Secretary with a discretion to grant an exemption from the prohibition.