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.
2022-2023
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Inspector-General of Live Animal
Exports Amendment (Animal Welfare)
Bill 2023
No. , 2023
(Agriculture, Fisheries and Forestry)
A Bill for an Act to amend the
Inspector-General of
Live Animal Exports Act 2019
, and for related
purposes
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
i
Contents
1
Short title ................................................................................................ 1
2
Commencement ..................................................................................... 1
3
Schedules ............................................................................................... 2
Schedule 1
--
Amendments
3
Part 1
--
Main amendments
3
Inspector-General of Live Animal Exports Act 2019
3
Part 2
--
Other amendments
13
Division 1
--
Amendment of the Inspector-General of Live Animal
Exports Act 2019
13
Inspector-General of Live Animal Exports Act 2019
13
Division 2
--
Amendment of the National Anti-Corruption
Commission Act 2022
14
National Anti-Corruption Commission Act 2022
14
Part 3
--
Saving, application and transitional provisions
16
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
1
A Bill for an Act to amend the
Inspector-General of
1
Live Animal Exports Act 2019
, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the
Inspector-General of Live Animal Exports
6
Amendment (Animal Welfare) Act 2023
.
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
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
1
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
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
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
3
Schedule
1--Amendments
1
Part
1--Main amendments
2
Inspector
-
General of Live Animal Exports Act 2019
3
1 Title
4
Omit "
Inspector-General of Live Animal Exports
", substitute
5
"
Inspector-General of Animal Welfare and Live Animal Exports
"
.
6
2 Section 1
7
Omit "
Inspector-General of Live Animal Exports
", substitute
8
"
Inspector-General of Animal Welfare and Live Animal Exports
"
.
9
Note:
This item amends the short title of the Act. If another amendment of the Act is
10
described by reference to the Act's previous short title, that other amendment has effect
11
after the commencement of this item as an amendment of the Act under its amended
12
short title (see section 10 of the
Acts Interpretation Act 1901
).
13
3 Sections 3 and 4
14
Repeal the sections, substitute:
15
3 Objects of this Act
16
(1) The objects of this Act are as follows:
17
(a) to enable monitoring, investigation and reporting on the
18
implementation, by the Commonwealth Government, of the
19
animal welfare and live animal export legislation and
20
standards in relation to the export of livestock, and the
21
outcomes of such implementation, and, in doing so:
22
(i) to increase accountability for, and the transparency of,
23
compliance with such legislation and standards; and
24
(ii) to increase accountability for those outcomes;
25
(b) to promote continual improvements in the regulatory
26
practice, performance and culture of the Department in its
27
role as the regula
tor of Australia's livestock exports
,
28
including improvements in the development of the ASEL;
29
(c) to provide an additional layer of accountability and assurance
30
over the regulation of Australia's livestock exports;
31
Schedule 1
Amendments
Part 1
Main amendments
4
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
(d) to ensure that livestock export officials, in performing
1
functions and exercising powers, consider the welfare of
2
animals in Australia's livestock exports.
3
(2) The objects mentioned in subsection (1) are to be achieved with a
4
view to ensuring that the animal welfare and live animal export
5
legislation and standards in relation to the export of livestock are
6
complied with.
7
4 Simplified outline of this Act
8
The Inspector-General of Animal Welfare and Live Animal
9
Exports has the role of monitoring, investigating and reporting on
10
the implementation, by the Commonwealth Government, of the
11
animal welfare and live animal export legislation and standards in
12
relation to the export of livestock, and the outcomes of such
13
implementation.
14
This Act establishes the office of the Inspector-General, sets out
15
the Inspector-
General's functions and powers and deals with other
16
matters relating to the role of the Inspector-General (including
17
administrative matters and the management of information
18
obtained under this Act).
19
The Inspector-General is independent from other persons and
20
entities with responsibilities under the animal welfare and live
21
animal exports legislation and standards. This supports the
22
Inspector-
General's effective, impartial and transparent review of
23
the way in which those persons and entities exercise such
24
responsibilities.
25
The main function of the Inspector-General is to review the
26
conduct of government livestock export officials in relation to the
27
export of livestock.
28
The Inspector-General may also review the effectiveness of
29
Commonwealth administrative systems, and the effectiveness of
30
Commonwealth reporting, relating to animal welfare and livestock
31
exports.
32
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
5
The Inspector-General is required to report any misconduct by a
1
livestock export official, and to publish the following:
2
(a) a report on each review;
3
(b) a work plan for each financial year;
4
(c) an annual report.
5
4 Section 5
6
Insert:
7
animal welfare and live animal export legislation and standards
8
means the following:
9
(a) the
Export Control Act 2020
;
10
(b) any instrument made under that Act;
11
(c) the ASEL.
12
ASEL
means the document titled
Australian Standards for the
13
Export of Livestock
published by the Department, as it exists from
14
time to time.
15
Note:
The
Australian Standards for the Export of Livestock
(version 3.2)
16
could in 2023 be
viewed on the Department's website
17
(www.agriculture.gov.au).
18
5 Part 2
19
Repeal the heading, substitute:
20
Part
2--Inspector
-
General of Animal Welfare and
21
Live Animal Exports
22
Division
1--Simplified outline
23
6 Section 8
24
Repeal the section, substitute:
25
Schedule 1
Amendments
Part 1
Main amendments
6
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
8 Simplified outline of this Part
1
This Part establishes an independent office of the
2
Inspector-General of Animal Welfare and Live Animal Exports,
3
and sets out the Inspector-
General's functions and powers.
4
The functions of the Inspector-General are to conduct reviews of
5
the effectiveness of the following:
6
(a) the activities of livestock export officials under the
7
animal welfare and live animal export legislation and
8
standards;
9
(b) Commonwealth systems for the administration of
10
livestock exports under such legislation and standards;
11
(c) the ASEL, as part of such systems;
12
(d) Commonwealth reporting relating to various matters
13
relating to animal welfare and livestock exports.
14
Reviews may be initiated by the Inspector-General or directed by
15
the Minister. They may also be conducted at the request of the
16
Secretary, or another relevant Minister.
17
The Inspector-General may require the production of information
18
or documents relevant to any review, and must publish a report on
19
each review.
20
The Inspector-General must also prepare an annual work plan for
21
each financial year, in consultation with the Minister and other
22
persons. Annual work plans (and variations) must be published on
23
the Inspector-
General's website.
24
Division
2--Inspector
-
General of Animal Welfare and Live
25
Animal Exports: establishment, functions and
26
powers
27
7 Section 9 (heading)
28
Repeal the heading, substitute:
29
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
7
9 Inspector-General of Animal Welfare and Live Animal Exports
1
8 Section 9
2
Omit "Inspector
-
General of Live Animal Exports", substitute
3
"Inspector
-Ge
neral of Animal Welfare and Live Animal Exports".
4
9 At the end of section 9
5
Add:
6
Note:
The name of this office was altered by the
Inspector-General of Live
7
Animal Exports Amendment (Animal Welfare) Act 2023
. However, the
8
office, as it existed before that name change, continues in existence
9
under the new name so that its identity is not affected: see
10
paragraph 25B(1)(a) of the
Acts Interpretation Act 1901
.
11
10 Section 10 (heading)
12
Repeal the heading, substitute:
13
10 Functions of the Inspector-General
14
11 Subsection 10(1)
15
Repeal the subsection, substitute:
16
Functions
17
(1) The functions of the Inspector-General are to conduct reviews of
18
the following matters:
19
(a) the performance of functions, or exercise of powers, by
20
livestock export officials under the animal welfare and live
21
animal export legislation and standards in relation to the
22
export of livestock;
23
(b) the effectiveness of Commonwealth systems for the
24
administration of livestock exports under the animal welfare
25
and live animal export legislation and standards for
26
maintaining and enhancing the welfare of exported livestock;
27
(c) the effectiveness of the ASEL, as a part of such systems;
28
(d) the effectiveness of Commonwealth reporting of any or all of
29
the following:
30
(i) the welfare of exported livestock;
31
Schedule 1
Amendments
Part 1
Main amendments
8
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
(ii) livestock export investigations related to animal
1
welfare;
2
(iii) non-compliance with the animal welfare and live animal
3
export legislation and standards in relation to the export
4
of livestock;
5
(iv) the information covered by section 424 of the
Export
6
Control Act 2020
(report to Parliament about export of
7
livestock);
8
(v) potential non-compliance with State and Territory laws
9
relating to animal welfare, as reported to State and
10
Territory Governments.
11
Note:
Reports under section 424 of the
Export Control Act 2020
are
12
based on reporting by the masters of vessels engaged in the
13
export of livestock.
14
12 After subsection 10(2)
15
Insert:
16
Ancillary powers
17
(2A) The Inspector-General has power to do all things necessary or
18
convenient to be done for, or in connection with, the performance
19
of the Inspector-
General's function
s.
20
13 After section 10
21
Insert:
22
10A Persons assisting the Inspector-General
23
(1) The Inspector-General may be assisted by officers and employees
24
of Agencies (within the meaning of the
Public Service Act 1999
),
25
and of authorities of the Commonwealth, whose services are made
26
available to the Inspector-General in connection with the
27
performance of any of the Inspector-
General's functions
.
28
(2) When performing services for the Inspector-General under this
29
section, a person is subject to the directions of the
30
Inspector-General.
31
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
9
10B Consultants
1
(1) The Inspector-General may, on behalf of the Commonwealth,
2
engage consultants to assist in the performance of the
3
Inspector-
General's functions.
4
(2) The consultants are to be engaged on the terms and conditions that
5
the Inspector-General determines in writing.
6
10C Independence of Inspector-General
7
(1) Subject to this Act and to other laws of the Commonwealth, the
8
Inspector-General:
9
(a) has complete discretion in the performance of the
10
Inspector-
General's function
s and the exercise of the
11
Inspector-
General's powers; and
12
(b) is not subject to direction by any person in relation to the
13
performance or exercise of those functions or powers.
14
Note:
However, the Minister may direct the Inspector-General to conduct a
15
review: see subsection 10D(2).
16
(2) In particular, the Inspector-General is not subject to direction in
17
relation to:
18
(a) whether or not a particular outcome or priority is to be
19
included in a work plan for a financial year; or
20
(b) the conduct of a review, including:
21
(i) the terms of reference for a review; and
22
(ii) how a review is to be conducted; and
23
(iii) the timing of a review; and
24
(iv) the priority to be given to a review; or
25
(c) the content of a report under this Act.
26
Note:
However, the Inspector-General must consult with the Minister in
27
relation to the terms of reference and priority of directed reviews
28
under section 10: see subsection 10D(5).
29
Schedule 1
Amendments
Part 1
Main amendments
10
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
Division
3--Conduct of reviews
1
10D How reviews are started
2
Inspector-General may conduct review on own initiative
3
(1) The Inspector-General may, on the Inspector-
General's own
4
initiative, conduct a review under section 10.
5
Minister may direct Inspector-General to conduct review
6
(2) The Minister may, in writing, direct the Inspector-General to
7
conduct a particular review (a
directed review
) under section 10.
8
(3) In considering whether to give a direction under subsection (2) to
9
conduct a directed review, the Minister must have regard to:
10
(a) the objects of this Act; and
11
(b) the functions of the Inspector-General; and
12
(c) the work plan for the financial year in which the directed
13
review is to be conducted; and
14
(d) whether the Inspector-General has sufficient resources to
15
conduct the directed review.
16
(4) The Inspector-General must comply with a direction given under
17
subsection (2).
18
(5) The Inspector-General must consult the Minister in determining:
19
(a) the terms of reference for a directed review; and
20
(b) the priority to be given to a directed review.
21
Note:
The Inspector-General is not subject to direction by the Minister in
22
relation to these matters: see section 10C (independence of
23
Inspector-General).
24
(6) A direction given under subsection (2) is not a legislative
25
instrument.
26
Inspector-General may conduct review on request
27
(7) The Inspector-General may conduct a particular review under
28
section 10 if requested in writing to do so by:
29
(a) the Secretary; or
30
Amendments
Schedule 1
Main amendments
Part 1
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
11
(b) a Minister (other than the Minister administering this Act)
1
that administers a law relating to the export of livestock.
2
(8) The Inspector-General is not required to comply with a request
3
under subsection (7).
4
14 At the end of Part 2
5
Add:
6
Division
4--Annual work plans
7
11A Inspector-General must prepare annual work plan
8
(1) The Inspector-General must prepare a work plan, in writing, for
9
each financial year.
10
(2) The work plan for a financial year must set out the key outcomes
11
and priorities for the Inspector-General for the financial year,
12
including:
13
(a) the reviews that the Inspector-General intends to conduct
14
under section 10 during the financial year; and
15
(b) details of each review, including when each review will be
16
conducted.
17
(3) The Inspector-General must consult the Minister in preparing a
18
work plan for a financial year. The Inspector-General may also
19
consult any other person the Inspector-General considers
20
appropriate.
21
Note:
The Inspector-General is not subject to direction by the Minister in
22
relation to these matters: see section 10C (independence of
23
Inspector-General).
24
(4) The Inspector-General must publish the work plan for a financial
25
year on the Inspector-
General's website as soon as practicable after
26
it has been finalised.
27
(5) A work plan prepared under subsection (1) is not a legislative
28
instrument.
29
Schedule 1
Amendments
Part 1
Main amendments
12
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
11B Variation of annual work plan
1
(1) The Inspector-General may vary a work plan for a financial year if
2
the Inspector-General is satisfied that it is reasonable and
3
appropriate to do so.
4
(2) The Inspector-General must publish the work plan, as varied, on
5
the Inspector-
General's website as soon as practicable after the
6
work plan has been varied.
7
(3) A varied work plan is not a legislative instrument.
8
Amendments
Schedule 1
Other amendments
Part 2
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
13
Part
2--Other amendments
1
Division 1
--
Amendment of the Inspector-General of Live
2
Animal Exports Act 2019
3
Inspector
-
General of Live Animal Exports Act 2019
4
15 Section 5 (definition of
Inspector-General
)
5
Repeal the definition, substitute:
6
Inspector-General
means the Inspector-General of Animal
7
Welfare and Live Animal Exports referred to in section 9.
8
16 Section 5 (definition of
live-stock)
9
Repeal the definition.
10
17 Section 5
11
Insert:
12
livestock
means any of the following:
13
(a) cattle, sheep, goats, deer, buffalo, camelids;
14
(b) any other animal prescribed by rules made for the purposes
15
of this definition;
16
(c) the young of an animal mentioned in paragraph (a) or (b).
17
18 Section 5 (definition of
live-stock export official)
18
Repeal the definition.
19
19 Section 5
20
Insert:
21
livestock export official
means any of the following:
22
(a) an authorised officer within the meaning of the
Export
23
Control Act 2020
;
24
(b) an accredited veterinarian within the meaning of the
Export
25
Control Act 2020
;
26
(c) the Secretary or a delegate of the Secretary.
27
Schedule 1
Amendments
Part 2
Other amendments
14
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
20 Subsections 10(1A) and (2)
1
Omit "live
-
stock" (wherever occurring), substitute
"livestock".
2
21 Subsection 17(3)
3
Omit "of Live Animal Exports"
(wherever occurring).
4
22 Section 37 (heading)
5
Omit "
live-stock
", substitute "
livestock
".
6
23 Paragraphs 37(a) and (c)
7
Omit "live
-
stock", substitute "livestock".
8
Division 2
--
Amendment of the National Anti-Corruption
9
Commission Act 2022
10
National Anti
-
Corruption Commission Act 2022
11
24 Section 7
12
Insert:
13
Inspector-General of Animal Welfare and Live Animal Exports
14
means the Inspector-General of Animal Welfare and Live Animal
15
Exports referred to in section 9 of the
Inspector-General of Animal
16
Welfare and Live Animal Exports Act 2019
.
17
25 Section 7 (definition of
Inspector-General of Live Animal
18
Exports
)
19
Repeal the definition.
20
26 Subsection 11(1) (after table item 7)
21
Insert:
22
7A
The Inspector-General of
Animal Welfare and Live
Animal Exports
The Inspector-General of Animal Welfare
and Live Animal Exports
27 Subsection 11(1) (table item 10)
23
Repeal the item.
24
Amendments
Schedule 1
Other amendments
Part 2
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
15
28 After paragraph 11(2)(b)
1
Insert:
2
(ba) the Inspector-General of Animal Welfare and Live Animal
3
Exports;
4
29 Paragraph 11(2)(e)
5
Repeal the paragraph.
6
30 Subsection 12(2) (after table item 2)
7
Insert:
8
2A
The Inspector-General of
Animal Welfare and Live
Animal Exports
An individual acting under the authority of
the Inspector-General of Animal Welfare
and Live Animal Exports
31 Subsection 12(2) (table item 4)
9
Repeal the item.
10
32 After paragraph 15(l)
11
Insert:
12
(la) the Inspector-General of Animal Welfare and Live Animal
13
Exports;
14
33 Paragraph 15(n)
15
Repeal the paragraph.
16
Schedule 1
Amendments
Part 3
Saving, application and transitional provisions
16
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
No. , 2023
Part
3--Saving, application and transitional
1
provisions
2
34 Definition
3
In this Part:
4
commencement day
means the day this Act commences.
5
35 Saving
--
Inspector-General and reviews
6
(1)
A person holding office as the Inspector-General of Live Animal
7
Exports immediately before the commencement day continues, on and
8
after that day, to hold that office under the title of Inspector-General of
9
Animal Welfare and Live Animal Exports.
10
(2)
The person holds that office (under that new title), on and after the
11
commencement day:
12
(a) on the terms and conditions that were applicable to the
13
person immediately before that day; and
14
(b)
for the balance of the person's term of appointment that
15
remained immediately before that day.
16
(3)
The
Inspector-General of Live Animal Exports Act 2019
, as in force
17
immediately before the commencement day, continues to apply on and
18
after that day in relation to:
19
(a) a review started under section 10 of that Act before that day;
20
and
21
(b) anything done or required for the purposes of such a review,
22
whether before, on or after that day.
23
36 Application
--
work plans
24
Sections 11A (Inspector-General must prepare annual work plan) and
25
11B (variation of annual work plan) of the
Inspector-General of Animal
26
Welfare and Live Animal Exports Act 2019
(as amended by this Act)
27
apply in relation to the first financial year starting after the
28
commencement day, and each subsequent financial year.
29
Amendments
Schedule 1
Saving, application and transitional provisions
Part 3
No. , 2023
Inspector-General of Live Animal Exports Amendment (Animal
Welfare) Bill 2023
17
37 Transitional
--
protected information
1
(1)
Protected information obtained before the commencement day may be
2
used or disclosed under, and in accordance with, Part 4 of the
3
Inspector-General of Animal Welfare and Live Animal Exports Act
4
2019
(information management) on or after the commencement day for
5
the purposes of that Act as amended by this Act.
6
(2)
Subitem (1) does not limit Part 4 of the
Inspector-General of Animal
7
Welfare and Live Animal Exports Act 2019
.
8
Note:
Protected information
is information obtained under, or in accordance with, the
9
Inspector-General of Animal Welfare and Live Animal Exports Act 2019
(see section 5
10
of that Act).
11