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Encyclopedia of animal rights and animal 401

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358 | Law and Animals: Australia largest exporters of live animals in the world State and territory governments have enacted animal welfare laws which regulate most other aspects of animal use Broadly speaking, these laws, which are also referred to as anticruelty or animal protection laws, apply to all animals They protect companion animals against cruelty, and regulate the use of animals in educational and research institutions, in zoos and circuses, in food production, in the wild, and in urban and rural communities Some issues that not relate directly to animal welfare, such as responsible pet ownership and unwanted animals, are addressed in separate laws made by local government While the federal government is in the process of coordinating a national animal welfare strategy with a key aim of establishing nationally consistent animal welfare laws, at the present time there are still numerous inconsistencies in state and territory laws, both in relation to the treatment of animals and to law enforcement Some examples of these inconsistencies are set out below • The definition of animal is not the same in all states and territories, as some laws exclude crustaceans, cephalopods, and fish This means that although animals have the same capacity to experience pain and suffering irrespective of their geographical location, they are not protected by the same legal standards • People who commit crimes against animals face different penalties, depending on the state or territory in which the act of cruelty takes place This means that although society might agree that it is morally wrong to harm an animal, there can be substantial variation in the punishment given to animal cruelty offenders • As a general rule, state and territory police, designated government agencies, and animal welfare organizations such as the Royal Society for the Prevention of Cruelty to Animals (RSPCA) are the main bodies that respond to complaints about animal abuse Despite this, the resources that government allocates to enforcement varies, with some state and territory inspectorates expected to monitor the treatment of large numbers of animals, or animals situated over vast distances on comparatively smaller budgets • Some states and territories give third parties, such as private individuals or animal rights groups, the power to start proceedings under animal welfare laws, while others have passed laws designed to limit third party involvement This means that it is easier to take action against someone who has harmed an animal in some parts of Australia than in others • Some activities involving animals are banned in some states and territories but permitted in others The Australian Capital Territory, for example, has prohibited rodeos and the use of certain wild animals in circuses, whereas these events continue to take place in other states and territories Despite the variations in state and territory animal welfare laws, it is possible to identify a number of common themes These themes are also found in the laws

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