2019-2021

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

SENATE

 

 

 

Customs Legislation Amendment (Commercial Greyhound Export and Import Prohibition) Bill 2021

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

(Circulated by authority of Senator Faruqi)

 

CUSTOMS LEGISLATION AMENDMENT (COMMERCIAL GREYHOUND EXPORT AND IMPORT PROHIBITION) BILL 2021

 

 

OUTLINE

 

The Customs Legislation Amendment (Commercial Greyhound Export and Import Prohibition) Bill 2021 amends the Customs (Prohibited Exports) Regulations 1958 and Customs (Prohibited Imports) Regulations 1956 to prohibit the exportation and importation of greyhounds for racing, breeding and commercial purposes.

 

The Bill introduces provisions which will restrict the export and import of greyhounds for racing, breeding or any other commercial purpose. The Bill allows for exemptions to be granted for the import and export of domestic pet greyhounds.

 

 

NOTES ON CLAUSES

 

Clause 1—Short Title

1. This is a formal provision specifying the short title of the Bill.

Clause 2—Commencement

2. This clause provides for the commencement of the Act. It provides that the Act will commence the day after the Act receives the Royal Assent .

Clause 3—Schedule(s)

3. This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.

Schedule 1—Amendments

Part 1—Prohibition on commercial export of greyhound

This Part amends the Customs (Prohibited Exports) Regulations 1958 . Item 1 inserts a new regulation 9ABA which prohibits the export of greyhounds (including greyhound reproductive material) for breeding, racing or any other commercial purpose and is provided for in subregulation (1).

Subregulations (2) and (3) provide for an exemption mechanism whereby the Minister, or an authorised person, may, upon application, grant permission for domestic pet greyhounds to be exempted from the export ban. Subregulations (4) and (5) provide that the application must be made in writing to the Minister, or and authorised person, and that an applicant may be required to give any information reasonably required for the purpose of making a decision in relation to the application. Subregulation (6) specifies that the Minister, or an authorised person, may take into account any relevant information in deciding whether to grant permission for the export of a greyhound.

After making a decision to grant, or not grant, an application, the Minister or authorised person must advise the applicant as soon as practicable under subregulation (7) and specify and conditions or requirements under subregulation (8). Subregulations (9) and (10) allow permission to be revoked at any time and the Minister, or authorised officer must advise the applicant of the revocation as soon as practicable.

Subregulation (11) inserts a record keeping requirement where the exporter must keep a record of the greyhound(s) exported and must be able to produce the record should it be requested by the Minister or an authorised person. 

Subregulations (12) to (14) provide for the review of decisions by the Administrative Appeals Tribunal.

Subregulation (15) allows the Minister to specify, in writing, that an APS employee in the department is an authorised officer for the purpose of this regulation.

Subregulation (16) defines relevant terms for the purposes on new regulation 9ABA.

 

 

Part 2—Corresponding prohibition on commercial importation of greyhounds

 

This Partamends the Customs (Prohibited Imports) Regulations 1956.   Item 2 inserts a new regulation 4WA to prohibit the importation of greyhounds for the purposes of breeding, racing or any other commercial purpose and is provided for in subregulation (1).

 

Under subregulations (2) to (8), the Minister or an authorised person may, on application, grant a permission, in writing, for the importation of domestic pet greyhounds and may specify any conditions or requirements placed on the importation. Permission to import a greyhound may be revoked at any time and the Minister or authorised person must advise the applicant of the revocation as soon as practicable under subregulation (9) and (10).

 

Subregulations (11) to (13) provide for the review of decisions by the Administrative Appeals Tribunal.

 

Subregulation (14) allows the Minister to specify, in writing, that an APS employee in the department is an authorised officer for the purpose of this regulation.

 

Subregulation (15) defines relevant terms for the purposes on new regulation 9ABA.

 

 

Part 3— Amendments affecting the greyhound prohibitions

 

Item 3 provides that a legislative instrument that would have the effect of removing the prohibition, or otherwise circumventing the prohibition, contained in items 1 and 2 does not come into effect until it has been approved by resolution of each House of the Parliament.

 

Statement of Compatibility with Human Rights

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

 

Customs Legislation Amendment (Commercial Greyhound Export and Import Prohibition) Bill 2021

 

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

The Customs Legislation Amendment (Commercial Greyhound Export and Import Prohibition) Bill 2021 amends the Customs (Prohibited Exports) Regulations 1958 and Customs (Prohibited Imports) Regulations 1956   to prohibit the exportation and importation of greyhounds for commercial purposes, and for related purposes.

 

Human rights implications

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

 

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.

 

Senator Faruqi