Appeal against Court decision on pig meat

20 June 2005

DAFF05/3D

Australia’s Director of Quarantine has appealed to the Full Federal Court against an earlier Court judgement affecting the importation of pig meat into Australia.

The appeal is based on several grounds. These include that the Court was wrong to conclude that a part of the scientific risk assessment underpinning the policy for importing pig meat into Australia was flawed.

A further ground for the appeal is that the Court was wrong in finding the risk management reasoning to be ‘unreasonable’.

More generally, a ground of appeal to the full Court is that the pig meat policy determination made by the Director of Quarantine in May 2004 was a matter that was not able to be reviewed under the provisions of the Administrative Decisions Judicial Review Act.

The appeal relates to a Federal Court Judgement issued by Justice Murray Wilcox on 27 May 2005.  Australian Pork Limited (APL) and Windridge Farms had challenged a policy determination by the Director of Quarantine that set conditions for the importation of pig meat.  The APL action also challenged the subsequent issuing of one specific import permit based on the policy conditions.

In accordance with the Court's orders, while the appeal proceeds the Director will not grant any new permits at this time for the importation of pig meat into Australia based on the risk management measures that were successfully challenged.

One permit that was held by a company that APL explicitly made a party to the Court proceedings has been set aside as directed by the Court. The Court made no specific Order in relation to 83 permits held by other importers who were not parties to the legal proceedings. Imports under those permits therefore continue under current arrangements.  

In proceeding with the appeal, the Director of Quarantine again emphasised that Australia remains committed to rigorous, science-based analysis of the risks associated with potential imports so as to protect Australia’s favourable pest and disease status.

Further inquiries:

David Finlayson DAFF Media +61 2 6272 3232