An animal welfare advocacy group is seeking a Federal Court injunction to stop 45,000 sheep being sent to the Middle East in sweltering conditions if a company associated with Emanuel Exports is granted an export permit.
The Department of Agriculture suspended Emanuel's export licence last month after its disastrous Awassi Express voyage but it is seeking to use its "sister" company EMS Rural Exports to ship sheep left stranded by the suspension.
Animals Australia said on Wednesday it would seek a Federal Court injunction if EMS is granted an export licence, saying it would send sheep into the deadly heat and humidity of the Middle East summer.
"Seeking an injunction is a huge step for Animals Australia, but we simply cannot stand by when laws that should prevent these animals from being placed at such dire risk are not being upheld," Animals Australia's Lyn White said.
"There is a collective sense of disbelief and dismay around the country today that tens of thousands of sheep could potentially be shipped again into these circumstances by the same operators."
Ms White said the removal of Graham Daws from the board of EMS was strategic and didn't change the powers of the department to suspend the company's licence under associates provisions.
The department said on Tuesday it would assess any live export application on its merits, while Federal Agriculture Minister David Littleproud said he had "no power to interfere" in its decisions.
Labor's agriculture spokesman Joel Fitzgibbon said Emanuel was legally sidestepping its licence suspension and that should not be allowed.
Meanwhile, Animals Australia and Stop Live Exports plan a snap rally outside Emanuel's West Perth office later on Wednesday, saying the company faces being charged under federal and state laws and "should not be allowed to export a single sheep".
The company reported a 3.76 per cent mortality rate on the Awassi Express voyage in August, well above the two per cent accepted standard.
There was an outcry after footage was broadcast in April showing thousands of sheep dead, dying and suffering in their own filth and extreme heat on the journey.
