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Live Animal Export Prohibition (Ending Cruelty) Bill 2017

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2017

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Live Animal Export Prohibition (Ending Cruelty) Bill 2017

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Andrew Wilkie MP

Live Animal Export Prohibition (Ending Cruelty) Bill 2017

 

 

OUTLINE

 

This bill seeks to permanently ban the export of live animals for slaughter from 1 July 2020, and puts in place steps to ensure that, in the interim, live animals are treated humanely after they are exported. 

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

NOTES ON CLAUSES

 

Clause 1: Short Title

 

1.       This clause is a formal provision and specifies the short title of the Bill as the Live Animal Export Prohibition (Ending Cruelty) Bill 2017.

 

Clause 2: Commencement

 

2.       This clause provides for the commencement of the Act on the day it receives Royal Assent.

 

Clause 3: Schedules

 

3.       This clause establishes that, as the intent of the Bill is to be realised through amendments to another Act, the Schedules of this Bill will amend that Act accordingly.

 

Schedule 1

 

Australian Meat and Livestock Act 1997

 

Item 1: Section 3

 

1.       Item 1 inserts a definition of “live-stock for slaughter” into the Act.

 

Item 2: At the end of section 10

 

2.       Item 2 specifies that an export license will not permit a person to export live-stock for slaughter on or after 1 July 2020.

 

Item 3: After section 16

 

3.       Item 3 inserts a section 16A into the Act, which specifies that an export license holder must meet certain conditions. This is intended to provide interim animal welfare safeguards between the date the Act receives Royal Assent and 1 July 2020, when the ban commences.

4.       Section 16A(1) requires the license holder to take all reasonable steps to ensure that live-stock are treated satisfactorily in the country of destination, and to notify the Secretary within 14 days if this has not occurred. A definition of “treated satisfactorily” is inserted into the Export Control Act by item 4.

5.       Section 16A(3) clarifies that 16(A)(1)(a) does not apply when an exporter has a transitional exemption under the Export Control Act . Circumstances where a transitional exemption can be granted are specified in item 4.

 

Export Control Act 1982

 

Item 4: After Part IIA

 

6.       Item 4 inserts a section 9N into the Act, which declares that before 1 July 2020, live-stock for slaughter are prescribed goods and that the Secretary must be satisfied that the live-stock will be treated satisfactorily in the country of destination or that they have grounds for a transitional exemption.

7.       Section 9N(5) specifies that live-stock for slaughter are considered to be treated satisfactorily in the country of destination when they are kept in premises that comply with the Department of Agriculture’s Holding Standards, transported and slaughtered in accordance with the OIE Guidelines (published by the World Organisation for Animal Health), and stunned before slaughter. Exact definitions of these terms are found in section 9N(8).

8.       Section 9N(6) allows the Secretary to take into account when forming a view as to whether or not live-stock are treated satisfactorily any undertakings by, or contractual or legislative obligations in the country of export, and any history of exports to the same persons or country.

9.       Section 9N(7) states the grounds for a transitional exemption, which is that the exporter is eligible for an exemption if the new requirements put the exporter in a breach of contract entered into before the commencement day, in certain situations.

10.   Section 9N(8) clarifies the definitions of “Holding Standards” and “OIE Guidelines”, among other definitions.

11.   Item 4 also inserts a section 9P into the Act which permanently bans the export of live-stock for slaughter from 1 July 2020.

 



STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Live Animal Export Prohibition (Ending Cruelty) Bill 2017

 

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the bill

 

This bill seeks to permanently ban the export of live animals for slaughter from 1 July 2020, and puts in place steps to ensure that, in the interim, live animals are treated humanely after they are exported. 

 

Human rights implications

 

This bill does not engage any of the applicable rights or freedoms. 

 

Conclusion

 

This bill is compatible with human rights because it does not raise any human rights issues.

 

 

 

 

Andrew Wilkie MP