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.
2019-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Customs Legislation Amendment
(Commercial Greyhound Export and
Import Prohibition) Bill 2021
No. , 2021
(Senator Faruqi)
A Bill for an Act to amend customs legislation to
prohibit the exportation and importation of
greyhounds for commercial purposes, and for
related purposes
No. , 2021
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Prohibition on commercial export of greyhounds
3
Customs (Prohibited Exports) Regulations 1958
3
Part 2--Corresponding prohibition on commercial importation of
greyhounds
7
Customs (Prohibited Imports) Regulations 1956
7
Part 3--Amendments affecting the greyhound prohibitions
10
No. , 2021
Customs Legislation Amendment (Commercial Greyhound Export
and Import Prohibition) Bill 2021
1
A Bill for an Act to amend customs legislation to
1
prohibit the exportation and importation of
2
greyhounds for commercial purposes, and for
3
related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the
Customs Legislation Amendment (Commercial
7
Greyhound Export and Import Prohibition) Act 2021
.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
No. , 2021
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Note:
Subject to item 3 of Schedule 1, the provisions of the
Customs
15
(Prohibited Exports) Regulations 1958
and
Customs (Prohibited
16
Imports) Regulations 1956
amended or inserted by this Act, and any
17
other provisions of those regulations, may be amended or repealed by
18
regulations made under the
Customs Act 1901
(see subsection 13(5) of
19
the
Legislation Act 2003
).
20
Amendments
Schedule 1
Prohibition on commercial export of greyhounds
Part 1
No. , 2021
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
3
Schedule 1--Amendments
1
Part 1--Prohibition on commercial export of
2
greyhounds
3
Customs (Prohibited Exports) Regulations 1958
4
1 After regulation 9AB
5
Insert:
6
9ABA Exportation of greyhounds
7
Prohibition on exportation
8
(1) The exportation from Australia of greyhounds is prohibited unless:
9
(a) permission for the exportation has been granted under
10
subregulation (2) and is in force; and
11
(b) the permission is produced to the Collector.
12
Note:
In addition to a permission under this regulation, there may be other
13
requirements under other laws (such as the
Export Control Act 2020
)
14
that must be met to export greyhounds from Australia.
15
Permission for exportation
16
(2) The Minister or an authorised person may, on application, grant a
17
permission, in writing, for the exportation of greyhounds.
18
(3) However, a permission must not be granted unless the Minister or
19
authorised person is satisfied that:
20
(a) the greyhound to be exported is a domestic pet; and
21
(b) the exportation is not for the purposes of breeding, racing or
22
any other commercial purpose.
23
(4) An application:
24
(a) must be in writing; and
25
(b) must be lodged with the Minister or an authorised person.
26
(5) The Minister or an authorised person may ask an applicant to give
27
to the Minister or authorised person any information the Minister
28
Schedule 1
Amendments
Part 1
Prohibition on commercial export of greyhounds
4
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
No. , 2021
or authorised person may reasonably require for the purpose of
1
making a decision in relation to the application.
2
(6) In deciding whether to grant a permission, the Minister or
3
authorised person may take into account any matter that the
4
Minister or authorised person considers relevant.
5
(7) As soon as practicable after making a decision to grant, or not to
6
grant, a permission, the Minister or authorised person must give
7
written notice of the decision to the applicant.
8
(8) A permission granted under subregulation (2):
9
(a) may specify conditions or requirements to be complied with
10
by the holder of the permission; and
11
(b) for any such condition or requirement, may specify the time
12
(being a time either before or after the exportation of the
13
goods to which the permission relates) at or before which the
14
condition or requirement must be complied with by the
15
holder of the permission.
16
(9) The Minister or an authorised person may revoke a permission if
17
the Minister or authorised person is satisfied that the holder has
18
failed to comply with a condition or requirement of the permission.
19
(10) If the Minister or an authorised person decides to revoke a
20
permission, the Minister or authorised person must, as soon as
21
practicable after making the decision, give written notice of the
22
decision to the holder of the permission.
23
Record keeping
24
(11) Permission granted under subregulation (2) is subject to the
25
following conditions:
26
(a) for each greyhound exported by an exporter from Australia,
27
the exporter must keep the following records:
28
(i) the date when the exporter exports the greyhound;
29
(ii) the age, sex and weight of the greyhound;
30
(iii) the reason for the export of greyhound;
31
(iv) the export permit number for the export of greyhound;
32
(v) the name and address of the person from whom the
33
greyhound is exported;
34
Amendments
Schedule 1
Prohibition on commercial export of greyhounds
Part 1
No. , 2021
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
5
(vi) the name and address of the person to whom the
1
greyhound is exported;
2
(b) the exporter must keep the records until the Minister or an
3
authorised person approves the destruction of the records;
4
(c) the exporter must, if required to do so by the Minister or an
5
authorised person, at any reasonable time of the day, produce
6
the records for examination by, and permit extracts from or
7
copies of the records to be taken by an officer authorised by
8
the Minister or an authorised person.
9
Review of decisions
10
(12) Applications may be made to the Administrative Appeals Tribunal
11
for review of decisions of the Minister or of an authorised person:
12
(a) not to grant a permission; or
13
(b) to grant a permission subject to a condition or requirement;
14
or
15
(c) to revoke a permission.
16
(13) Notice of a decision mentioned in subregulation (7) or (10) must
17
include a statement to the effect that:
18
(a) subject to the
Administrative Appeals Tribunal Act 1975
, a
19
person affected by the decision may make an application to
20
the Administrative Appeals Tribunal for review of the
21
decision; and
22
(b) a person whose interests are affected by the decision may
23
request a statement under section 28 of that Act.
24
(14) A failure to comply with subregulation (13) does not affect the
25
validity of the decision.
26
Authorised person
27
(15) The Minister may, in writing, authorise an APS employee in the
28
Department administered by the Minister to give permissions under
29
this regulation.
30
Definitions
31
(16) In this regulation:
32
Schedule 1
Amendments
Part 1
Prohibition on commercial export of greyhounds
6
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
No. , 2021
authorised person
means a person authorised under
1
subregulation (15).
2
greyhound
includes any reproductive material of a greyhound.
3
Minister
means the Minister administering the
Export Control Act
4
2020
.
5
reproductive material:
6
(a) means any part of a greyhound from which another
7
greyhound can be produced; and
8
(b) includes an embryo, an egg or ovum, and semen.
9
Amendments
Schedule 1
Corresponding prohibition on commercial importation of greyhounds
Part 2
No. , 2021
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
7
Part 2--Corresponding prohibition on commercial
1
importation of greyhounds
2
Customs (Prohibited Imports) Regulations 1956
3
2 After regulation 4W
4
Insert:
5
4WA Importation of greyhounds
6
Prohibition on importation
7
(1) The importation into Australia of greyhounds is prohibited unless:
8
(a) permission for the importation has been granted under
9
subregulation (2) and is in force; and
10
(b) the permission is produced to the Collector.
11
Note:
In addition to a permission under this regulation, there may be other
12
requirements under other laws (such as the
Biosecurity Act 2015
) that
13
must be met to import greyhounds into Australia.
14
Permission for importation
15
(2) The Minister or an authorised person may, on application, grant a
16
permission, in writing, for the importation of greyhounds.
17
(3) However, a permission must not be granted unless the Minister or
18
authorised person is satisfied that:
19
(a) the greyhound to be imported is a domestic pet; and
20
(b) the importation is not for the purposes of breeding, racing or
21
any other commercial purpose.
22
(4) An application:
23
(a) must be in writing; and
24
(b) must be lodged with the Minister or an authorised person.
25
(5) The Minister or an authorised person may ask an applicant to give
26
to the Minister or authorised person any information the Minister
27
or authorised person may reasonably require for the purpose of
28
making a decision in relation to the application.
29
Schedule 1
Amendments
Part 2
Corresponding prohibition on commercial importation of greyhounds
8
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
No. , 2021
(6) In deciding whether to grant a permission, the Minister or
1
authorised person may take into account any matter that the
2
Minister or authorised person considers relevant.
3
(7) As soon as practicable after making a decision to grant, or not to
4
grant, a permission, the Minister or authorised person must give
5
written notice of the decision to the applicant.
6
(8) A permission granted under subregulation (2):
7
(a) may specify conditions or requirements to be complied with
8
by the holder of the permission; and
9
(b) for any such condition or requirement, may specify the time
10
(being a time either before or after the importation of the
11
goods to which the permission relates) at or before which the
12
condition or requirement must be complied with by the
13
holder of the permission.
14
(9) The Minister or an authorised person may revoke a permission if
15
the Minister or authorised person is satisfied that the holder has
16
failed to comply with a condition or requirement of the permission.
17
(10) If the Minister or an authorised person decides to revoke a
18
permission, the Minister or authorised person must, as soon as
19
practicable after making the decision, give written notice of the
20
decision to the holder of the permission.
21
Review of decisions
22
(11) Applications may be made to the Administrative Appeals Tribunal
23
for review of decisions of the Minister or of an authorised person:
24
(a) not to grant a permission; or
25
(b) to grant a permission subject to a condition or requirement;
26
or
27
(c) to revoke a permission.
28
(12) Notice of a decision mentioned in subregulation (7) or (10) must
29
include a statement to the effect that:
30
(a) subject to the
Administrative Appeals Tribunal Act 1975
, a
31
person affected by the decision may make an application to
32
the Administrative Appeals Tribunal for review of the
33
decision; and
34
Amendments
Schedule 1
Corresponding prohibition on commercial importation of greyhounds
Part 2
No. , 2021
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
9
(b) a person whose interests are affected by the decision may
1
request a statement under section 28 of that Act.
2
(13) A failure to comply with subregulation (12) does not affect the
3
validity of the decision.
4
Authorised person
5
(14) The Minister may, in writing, authorise an APS employee in the
6
Department administered by the Minister to give permissions under
7
this regulation.
8
Definitions
9
(15) In this regulation:
10
authorised person
means a person authorised under
11
subregulation (14).
12
greyhound
includes any reproductive material of a greyhound.
13
Minister
means the Minister administering the
Export Control Act
14
2020
.
15
reproductive material:
16
(a) means any part of a greyhound from which another
17
greyhound can be produced; and
18
(b) includes an embryo, an egg or ovum, and semen.
19
Schedule 1
Amendments
Part 3
Amendments affecting the greyhound prohibitions
10
Customs Legislation Amendment (Commercial Greyhound Export and
Import Prohibition) Bill 2021
No. , 2021
Part 3--Amendments affecting the greyhound
1
prohibitions
2
3 Amendments etc to regulations that affect greyhound
3
prohibitions
4
(1)
This item applies to a legislative instrument that:
5
(a) is made after the commencement of this Schedule; and
6
(b) amends, modifies or repeals provisions of:
7
(i) the
Customs (Prohibited Exports) Regulations 1958
; or
8
(ii) the
Customs (Prohibited Imports) Regulations 1956
.
9
(2)
If, in relation to the prohibition on exportation or importation of
10
greyhounds inserted by this Schedule, the legislative instrument has the
11
effect of:
12
(a) removing the prohibition; or
13
(b) otherwise circumventing the prohibition;
14
then the instrument does not come into effect until it has been approved
15
by resolution of each House of the Parliament.
16