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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Live Animal Export Prohibition (Ending
Cruelty) Bill 2017
No. , 2017
(Mr Wilkie)
A Bill for an Act to restrict the export of live
animals for slaughter pending its prohibition, and
for related purposes
No. , 2017
Live Animal Export Prohibition (Ending Cruelty) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Australian Meat and Livestock Industry Act 1997
3
Export Control Act 1982
4
No. , 2017
Live Animal Export Prohibition (Ending Cruelty) Bill 2017
1
A Bill for an Act to restrict the export of live
1
animals for slaughter pending its prohibition, and
2
for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Live Animal Export Prohibition (Ending Cruelty)
6
Act 2017.
7
2 Commencement
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(1) Each provision of this Act specified in column 1 of the table
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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
13
2
Live Animal Export Prohibition (Ending Cruelty) Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day this Act receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
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Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
No. , 2017
Live Animal Export Prohibition (Ending Cruelty) Bill 2017
3
Schedule 1--Amendments
1
2
Australian Meat and Livestock Industry Act 1997
3
1 Section 3
4
Insert:
5
live-stock for slaughter means live-stock that are intended to be
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exported and slaughtered overseas.
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2 At the end of section 10
8
Add:
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(4) A licence under this section does not permit a person to export
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live-stock for slaughter on or after 1 July 2020.
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3 After section 16
12
Insert:
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16A Export licence for live-stock for slaughter subject to additional
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conditions
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(1) The following conditions apply in relation to a licence to export
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live-stock for slaughter:
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(a) the licence holder will take all reasonable efforts to ensure
18
that the live-stock are treated satisfactorily in the country of
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destination;
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(b) if the licence holder becomes aware of evidence that
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live-stock exported by the licence holder have not been
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treated satisfactorily, the licence holder will notify the
23
Secretary in writing within 14 days after the licence holder
24
becomes aware.
25
(2) In this section:
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licence to export live-stock for slaughter means any licence issued
27
under this Act to export live-stock, to the extent that it permits the
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export of live-stock for slaughter.
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Schedule 1 Amendments
4
Live Animal Export Prohibition (Ending Cruelty) Bill 2017
No. , 2017
treated satisfactorily has same meaning as in section 9N of the
1
Export Control Act 1982.
2
Transitional provision
3
(3) Paragraph (1)(a) does not apply in relation to live-stock exported
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under a permission, consent or approval that was issued under the
5
Export Control Act 1982 on the basis that the exporter had grounds
6
for a transitional exemption under subsection 9N(7) of that Act.
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Export Control Act 1982
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4 After Part IIA
9
Insert:
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Part IIB--Export of live-stock for slaughter
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12
9N Conditions on export of live-stock for slaughter until 1 July 2020
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(1) This section applies until immediately before 1 July 2020.
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Prohibition on export of live-stock for slaughter unless certain
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conditions fulfilled
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(2) The regulations are taken to have declared that live-stock for
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slaughter are prescribed goods.
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(3) The regulations are taken to have prohibited the export of livestock
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for slaughter unless permitted by or in accordance with the
20
regulations.
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(4) Live-stock for slaughter may not be exported, and a licence,
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permission, consent or approval to export the live-stock may not be
23
granted under the regulations, unless the Secretary is satisfied
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either that the live-stock will be treated satisfactorily in the country
25
of destination or that there are grounds for a transitional
26
exemption.
27
Amendments Schedule 1
No. , 2017
Live Animal Export Prohibition (Ending Cruelty) Bill 2017
5
When live-stock are treated satisfactorily
1
(5) Live-stock for slaughter will be treated satisfactorily in the country
2
of destination if they will be:
3
(a) kept in that country in holding premises that comply with the
4
Holding Standards; and
5
(b) transported to slaughter, unloaded, kept in lairage and
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slaughtered in accordance with the OIE Guidelines; and
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(c) stunned using appropriate humane restraints immediately
8
before slaughter.
9
(6) In forming a view as to whether live-stock will be treated
10
satisfactorily, the Secretary may take into account;
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(a) any undertakings given by, or contractual or legislative
12
obligations on, persons who will control the live-stock in the
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country of export; and
14
(b) any history of exports of live-stock for slaughter to the same
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persons or to the same country; and
16
(c) any other matters that he or she considers relevant.
17
When there are grounds for a transitional exemption
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(7) A person who proposes to export live-stock for slaughter has
19
grounds for a transitional exemption if:
20
(a) for export within 3 months after the commencement day--
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the person will be in breach of a contract entered into before
22
the commencement day if the export does not take place at
23
that time; or
24
(b) for export between 3 and 6 months after the commencement
25
day--the person:
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(i) will be in breach of a contract entered into before the
27
commencement day if the export does not take place at
28
that time; and
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(ii) is unable to satisfy the Secretary that the live-stock will
30
be treated satisfactorily; and
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(iii) has made reasonable attempts to ensure that the
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live-stock will be treated satisfactorily; and
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(iv) has made reasonable attempts to re-negotiate the
34
contract to avoid the obligation.
35
Schedule 1 Amendments
6
Live Animal Export Prohibition (Ending Cruelty) Bill 2017
No. , 2017
Definitions
1
(8) In this section:
2
commencement day means the day on which the Live Animal
3
Export Prohibition (Ending Cruelty) Act 2017 commenced.
4
Holding Standards means Standards 3.1, 3.2, 3.4, 3.5, 3.7(a),
5
3.7(b), 3.7(e), 3.7(f), 3.7(g), 3.7(h), 3.11, 3.14, 3.16 and 3.17 of the
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Australian Standards for the Export of Livestock (Version 2.3),
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published by the Department of Agriculture, Fisheries and
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Forestry, with the following modifications:
9
(a) references to "registered premises" are changed to "holding
10
premises";
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(b) references to "paddock or shed" in Standard 3.16 are changed
12
to "holding pen";
13
(c) references to "date of export" in Standard 3.16 are changed to
14
"date of delivery to slaughter facility or other disposal";
15
(d) the word "rejected" and the words "Criteria for rejection are
16
outlined in Appendix 3.1" are deleted from Standard 3.17.
17
live-stock for slaughter has the same meaning as in the Australian
18
Meat and Live-stock Industry Act 1997.
19
OIE Guidelines means the relevant sections of the current version
20
of the Terrestrial Animal Health Code published by the OIE (the
21
World Organisation for Animal Health).
22
9P Ban on export of live-stock for slaughter
23
(1) This section applies on and from 1 July 2020.
24
(2) The regulations are taken to have declared that live-stock for
25
slaughter are prescribed goods.
26
(3) The regulations are taken to have prohibited the export of livestock
27
for slaughter absolutely.
28