Entire Beattie Cabinet Sued Over Banning of Fresh Milk

Sept. 4, 2003

BRISBANE, Australia — Queensland producer of unpasteurised cows milk, Trevor Mahaffey and one of his customers today applied to the Queensland Supreme Court for Judicial Review of a recent Cabinet decision to present legislation in Parliament to ban fresh milk from leaving the farm.

This follows a several year government campaign to wipe out Mr Mahaffey’s business because he does not fit the outdated public health regime of aiming to enforce chemically modified milk on the entire population through compulsory heat treatment of all milk. Many places, including California and about 20 other states in the U.S.A and parts of Europe allow supply of raw milk to the many and rapidly growing number of people who want it for the many nutrients not present in chemically modified milk coming from the big milk processors. It is becoming clear that treated milk may worsen osteoporosis and cause diabetes. Many consumers feel it is their right to choose fresh if they want to.

The action seeks a ruling that such legislation would be unlawful because it contravenes human rights and the (QLD) Legislative Standards Act, which requires that all legislation “have sufficient regard to the rights and liberties of individuals.”

A stay is also sought to prevent the Beattie cabinet from further presenting the offending Bill to the Parliament until further order of the Court.

Such a broad, human rights and fundamental freedoms based argument may not have been argued before in Australian courts – but the result may be that, like Paul Keating’s failed political advertising ban, such legislation even if passed by the Parliament, could be disallowed by the courts.

Attached hereto as a MS “Word” file named “CabinetPleadings.doc” is copy of the Application as filed (see below)

Contact:
Bruce Bell
(07) 5491 4887
(0412) 463 777
email: brucebell@iprimus.com.au

Related documents (PDFs):

• Cabinet Pleadings
• Letter to Member of Parliament
• Affadavit