Greyhound racing: Federal Court challenge to overturn Baird Government ban

THE NSW greyhound industry has launched a fresh legal bid to overturn the Baird Government’s controversial greyhound ban, arguing it breaches the constitutional right to free trade across state borders.

A legal challenge has been initiated to try to overturn the greyhound racing ban in NSW. Picture: AFP

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THE NSW greyhound industry has launched a fresh legal bid to overturn the Baird Government’s controversial greyhound ban, arguing it breaches the constitutional right to free trade across state borders.

The Federal Court legal challenge opens up a second front in the war against the shutdown of the industry.

NSW Greyhound Breeders Owners and Trainers Association president Brenton Scott said the statement of claim lodged today goes “to the heart” of Section 92 of the constitution, which guarantees free trade between Australian states.

Earlier this year, Premier Mike Baird announced greyhound racing will be banned in NSW.

Mr Scott said the greyhound industry asked for their claim to be expedited by the court because of the widespread impact on so many people.

“If ever a matter should be resolved quickly, if ever a matter should be given preferential treatment in terms of expedition, it should be this,” Mr Scott said.

Last month, the Baird Government legislated for the closure of the industry, which employs 4000 people and includes 15,000 participants across NSW, on animal welfare grounds.

“Our action says that action is contrary to the constitution and that is in the heart of our challenge,” Mr Scott said.

“It is our view the greyhound industry trades on a national basis, across breeding, racing and wagering perspectives and the constitution guarantees freedom of trade.”

A legal challenge is taking place over the NSW greyhound ban. Picture: AFP

The greyhound industry has already begun a separate legal action against the government in the NSW Supreme Court, attempting to strike out the government-funded report used to justify the ban.

The new legal action argues greyhounds are raced, exported and wagered upon throughout the country.

“This decision takes and strips from the greyhound community that fundamental right,” Mr Scott said.

“We race throughout Australia.

“There is interchangeability between the states, across the full wagering perspective.

“This change, this legislation restricts trade across those three disciplines and is in breach of fundamental rights as provided by the constitution.”

It is anticipated the legal action may take months.

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