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Live Animal Export Restriction and Prohibition Bill 2011 [No. 2]

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2010-2011

 

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

 

SENATE

 

 

 

 

 

 

LIVE ANIMAL EXPORT RESTRICTION AND PROHIBITION BILL 2011

 

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

 

 

 



 

(Circulated by authority of Senator N Xenophon)

 

 

LIVE ANIMAL EXPORT RESTRICTION AND PROHIBITION BILL 2011

 

 

1.  Short Title

This clause is a formal provision and specifies the short title of Bill, once enacted, as the Live Animal Export Restriction and Prohibition Bill 2011 .

 

2.  Commencement

This clause provides for the Act the day after this Act receives Royal Assent.

 

3.  Schedules

This clause states that each Act specified in a Schedule to this Act is amended or repealed according to the provisions of this Act, according to its terms.

 

Schedule 1 - Amendments

 

Australian Meat and Live-stock Industry Act 1997

 

1.          Item 1 inserts a definition for ‘live-stock for slaughter’ into section 3 of the Act to ensure that the provisions in the Bill apply only to live-stock that are intended to be exported and slaughtered overseas.

 

2.         Item 2 inserts a subsection in section 10 of the Act, which notes that export licenses granted under the Act do not allow for the export of live-stock for slaughter after 1 July 2014. This item sets an end-date on the export of live animals for slaughter, as supported by Item 5 of this Bill, which amends the Export Control Act 1982 to prohibit the export of live-stock for slaughter after 1 July 2014.

 

3.         Item 3 inserts section 16A into the Act to set out additional conditions which apply in relation to a licence for export of live animals for slaughter. These conditions provide that an export licence holder must take all reasonable efforts to ensure that live-stock are treated in accordance with the International Office of Epizootics (OIE) guidelines from the relevant sections of the current edition of the Terrestrial Animal Health Code , as defined in Item 5 of this Bill. This item also states that if a live-stock export licence holder becomes aware that live-stock exported under their licence have not been treated in accordance with these guidelines, they must notify the Secretary within 14 days of becoming aware of the breaches.

 

Subsection 16A(3) provides that paragraph (1)(a) does not apply to live-stock exported under permission, consent or approval that was issued on the basis of the transitional arrangements outlined in Item 4 of this Bill.

 

 

Export Control Act 1984

 

4.         Item 4 inserts Part IIB into the Act to impose regulations on the export of live-stock for slaughter between the commencement date and 1 July 2014; to provide for transitional exemptions to be granted in certain circumstances where live-stock export contracts existed before the commencement date; and to ban the export of live-stock for slaughter unconditionally after 1 July 2014.

 

Part IIB, section 9N

 

  1. Subsection (1) ensures that the conditions in section 9N only apply until a full ban comes into effect on 1 July 2014.
  2. Subsection (2) declares that live-stock for slaughter are to be considered prescribed goods .
  3. Subsections (3) and (4) prohibit the export of live-stock for slaughter unless the Secretary is satisfied that the live-stock will be treated satisfactorily or the person proposing the export of the live-stock for slaughter has the grounds for a transitional exemption.
  4. Subsections (5) and (6) detail the grounds under which the Secretary may be satisfied that the live-stock will be treated satisfactorily. Subsection (5) details that the live-stock must be kept in holding pens that comply with the holding standards as defined in subsection (8); transported, unloaded, kept in lairage and slaughtered in accordance with the OIE Guidelines as defined in subsection (8); and stunned immediately prior to being slaughtered. Subsection (6) states that the Secretary can take into account any issues he or she may consider relevant when forming a view as to whether exported live-stock will be treated satisfactorily, including legislative and regulatory conditions in the country of export, and any known history of exports to the country of export.
  5. Subsection (7) details transitional exemptions that may be granted where a contract for the export of live-stock for slaughter existed prior to the commencement date with the physical export to take place after the commencement date.
  6. Under paragraph (7)(a), a person who proposes to export live-stock for slaughter within 3 months of the commencement day may be granted a transitional exemption from the requirement to satisfy the Secretary that the live-stock they propose to export for slaughter will be treated satisfactorily if they would be in breach of a contract entered into prior to the commencement day.
  7. Under paragraph (7)(b), a person who proposes to export live-stock for slaughter between 3 and 6 months of the commencement day may be granted a transitional exemption from the requirement to satisfy the Secretary that the live-stock they propose to export for slaughter will be treated satisfactorily if they would be in breach of a contract entered into prior to the commencement day, they have made reasonable attempts to renegotiate their contract to avoid any breach of contract and they have made reasonable attempts to ensure that the live-stock would be treated satisfactorily.

8.       Subsection (8) inserts into the Act definitions for commencement day , live-stock for slaughter , Holding Standards and OIE Guidelines .

 

Part IIB, section 9P

 

1.       Section 9P places a total and unconditional ban on the export of live-stock for slaughter from 1 July 2014.