Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Animal Export Legislation Amendment
(Ending Long-haul Live Sheep Exports)
Bill 2018
No. , 2018
(Senators Rhiannon, Hinch and Storer)
A Bill for an Act to amend the law relating to the
long-haul export of live sheep, and for related
purposes
No. , 2018
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Australian Meat and Live-stock Industry Act 1997
3
Export Control Act 1982
4
Schedule 2--Contingent amendments
7
Export Control Act 2018
7
No. , 2018
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
1
A Bill for an Act to amend the law relating to the
1
long-haul export of live sheep, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Animal Export Legislation Amendment (Ending
6
Long-haul Live Sheep Exports) Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
No. , 2018
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The later of:
(a) 1 October 2018; and
(b) the day after this Act receives the Royal
Assent.
3. Schedule 2
The later of:
(a) the commencement of the provisions
covered by table item 2; and
(b) immediately after the commencement of
section 3 of the Export Control Act 2018.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Main amendments Schedule 1
No. , 2018
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
3
Schedule 1--Main amendments
1
2
Australian Meat and Live-stock Industry Act 1997
3
1 After section 16
4
Insert:
5
16A Live-stock export licence also subject to condition relating to
6
long haul export of sheep etc. by ship to the Persian Gulf
7
or Red Sea
8
(1) A live-stock export licence is subject to a condition that live-stock
9
that are sheep or lambs must not be exported from Australia, by
10
ship, to:
11
(a) a place in the Persian Gulf or the Red Sea (whether or not
12
that place is the intended final overseas destination for the
13
sheep or lambs); or
14
(b) any other place, if the route of the ship to that place is
15
through the Persian Gulf or the Red Sea;
16
in a July, August or September in the transitional period, or at any
17
time after the end of that period, unless:
18
(c) the duration of the voyage is less than 10 days; and
19
(d) the voyage is conducted in accordance with Chapter 7.2
20
(Transport of animals by sea) of the OIE Terrestrial Animal
21
Health Code as in force at the commencement of this section.
22
Note:
The OIE Terrestrial Animal Health Code could in 2018 be viewed on
23
the World Organisation for Animal Health's website
24
(http://www.oie.int/en/).
25
(2) In this section:
26
transitional period means the period of 5 years starting on the day
27
Schedule 1 to the Animal Export Legislation Amendment (Ending
28
Long-haul Live Sheep Exports) Act 2018 commences.
29
2 Paragraphs 17(1)(a) and (b)
30
After "the regulations", insert "or section 16A".
31
Schedule 1 Main amendments
4
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
No. , 2018
3 At the end of subsection 18(4)
1
Add "or section 16A".
2
4 At the end of paragraph 23(1)(g)
3
Add "(other than the condition in section 16A)".
4
5 After subsection 23(2)
5
Insert:
6
(2AA) If the Secretary has reasonable grounds for believing that the
7
holder of a live-stock export licence has contravened the condition
8
in section 16A, the Secretary must give a written notice under this
9
section to the holder.
10
6 Paragraph 23(3)(a)
11
After "(1)", insert "or (2AA)".
12
7 After subparagraph 24(1)(b)(i)
13
Insert:
14
(ia) if subsection 23(2AA) applies--of the matter mentioned
15
in subsection 23(2AA); or
16
Export Control Act 1982
17
8 After section 7
18
Insert:
19
7AA Regulations taken to prohibit long haul export of live sheep etc.
20
by ship to the Persian Gulf or Red Sea subject to
21
conditions and restrictions
22
Live sheep and lambs are taken to be prescribed goods
23
(1) The regulations are taken, on and after the commencement of this
24
section, to declare that live-stock that are sheep or lambs are
25
prescribed goods for the purposes of this Act.
26
Main amendments Schedule 1
No. , 2018
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
5
Prohibition on export to Persian Gulf or Red Sea subject to
1
conditions
2
(2) Regulations made for the purposes of subsection 7(1) are taken, on
3
and after the commencement of this section, to prohibit the export
4
of live-stock that are sheep or lambs, by ship, to:
5
(a) a place in the Persian Gulf or the Red Sea (whether or not
6
that place is the intended final overseas destination for the
7
sheep or lambs); or
8
(b) any other place, if the route of the ship to that place is
9
through the Persian Gulf or the Red Sea;
10
unless:
11
(c) the condition in subsection (3) is complied with; and
12
(d) the export is conducted in accordance with Chapter 7.2
13
(Transport of animals by sea) of the OIE Terrestrial Animal
14
Health Code as in force at the commencement of this section;
15
and
16
(e) any other conditions or restrictions prescribed for the
17
purposes of section 7 that are applicable to the goods are, to
18
the extent that those other conditions or restrictions are not
19
inconsistent with paragraph (d) of this subsection or
20
subsection (3) of this section, complied with.
21
Note:
The OIE Terrestrial Animal Health Code could in 2018 be viewed on
22
the World Organisation for Animal Health's website
23
(http://www.oie.int/en/).
24
(3) The condition is that:
25
(a) the sheep or lambs are exported at a time that is:
26
(i) before the end of the transitional period; but
27
(ii) not in July, August or September; or
28
(b) the duration of the voyage is less than 10 days.
29
Definitions
30
(4) In this section:
31
live-stock has the same meaning as in the Australian Meat and
32
Live-stock Industry Act 1997.
33
Schedule 1 Main amendments
6
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
No. , 2018
transitional period means the period of 5 years starting on the day
1
Schedule 1 to the Animal Export Legislation Amendment (Ending
2
Long-haul Live Sheep Exports) Act 2018 commences.
3
9 Application of amendments
4
(1)
The amendments of the Australian Meat and Live-stock Industry Act
5
1997 made by this Schedule apply in relation to a live-stock export
6
licence that is in force on or after the commencement of this item,
7
whether the licence was granted before, on or after that commencement.
8
(2)
The amendment of the Export Control Act 1982 made by this Schedule
9
applies in relation to an act or omission occurring on or after the
10
commencement of this item.
11
Contingent amendments Schedule 2
No. , 2018
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
7
Schedule 2--Contingent amendments
1
2
Export Control Act 2018
3
1 At the end of Division 3 of Part 1 of Chapter 2
4
Add:
5
29A Rules taken to prohibit long haul export of live sheep etc. by
6
vessel to the Persian Gulf or Red Sea subject to conditions
7
Live sheep and lambs are taken to be prescribed goods
8
(1) Rules made for the purposes of subsection 28(1) are taken, on and
9
after the commencement of this section, to prescribe live sheep and
10
live lambs.
11
Prohibition on export to Persian Gulf or Red Sea subject to
12
conditions
13
(2) Rules made for the purposes of subsection 29(1) are taken, on and
14
after the commencement of this section, to prohibit the export of
15
live sheep or live lambs from Australian territory, by vessel, to:
16
(a) a place in the Persian Gulf or the Red Sea (whether or not
17
that place is the intended final overseas destination for the
18
sheep or lambs); or
19
(b) any other place, if the route of the vessel to that place is
20
through the Persian Gulf or the Red Sea;
21
unless:
22
(c) the condition in subsection (3) is complied with; and
23
(d) the export is conducted in accordance with Chapter 7.2
24
(Transport of animals by sea) of the OIE Terrestrial Animal
25
Health Code as in force at the commencement of this section;
26
and
27
(e) any other prescribed export conditions that are applicable to
28
the goods are, to the extent that those other conditions are not
29
inconsistent with paragraph (d) of this subsection or
30
subsection (3) of this section, complied with.
31
Schedule 2 Contingent amendments
8
Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Bill 2018
No. , 2018
Note:
The OIE Terrestrial Animal Health Code could in 2018 be viewed on
1
the World Organisation for Animal Health's website
2
(http://www.oie.int/en/).
3
(3) The condition is that:
4
(a) the sheep or lambs are exported at a time that is:
5
(i) before the end of the transitional period; but
6
(ii) not in July, August or September; or
7
(b) the duration of the voyage is less than 10 days.
8
(4) Subsection (3) is a prescribed export condition for the purposes of
9
this Act.
10
Meaning of transitional period
11
(5) In this section:
12
transitional period means the period:
13
(a) starting on the commencement of this section; and
14
(b) ending at the end of the period of 5 years starting on the day
15
Schedule 1 to the Animal Export Legislation Amendment
16
(Ending Long-haul Live Sheep Exports) Act 2018
17
commences.
18
2 Application of amendments
19
The amendment of the Export Control Act 2018 made by this Schedule
20
applies in relation to an act or omission occurring on or after the
21
commencement of this item.
22