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This is a Bill, not an Act. For current law, see the Acts databases.


LIVE ANIMAL EXPORT RESTRICTION AND PROHIBITION BILL 2011 [NO. 2]

2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Live Animal Export Restriction and
Prohibition Bill 2011
No. , 2011
(Senator Xenophon)
A Bill for an Act to restrict the export of live
animals for slaughter pending its prohibition, and
for related purposes
i Live Animal Export Restriction and Prohibition Bill 2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Australian Meat and Livestock Industry Act 1997
3
Export Control Act 1982
4
Live Animal Export Restriction and Prohibition Bill 2011 No. , 2011 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 may be cited as the Live Animal Export Restriction and
6
Prohibition Act 2011.
7
2 Commencement
8
This Act commences on the day after it receives the Royal Assent.
9
2 Live Animal Export Restriction and Prohibition Bill 2011 No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Amendments Schedule 1
Live Animal Export Restriction and Prohibition Bill 2011 No. , 2011 3
Schedule 1--Amendments
1
2
Australian Meat and Livestock Industry Act 1997
3
1 Section 3 (after the definition of live-stock)
4
Insert:
5
live-stock for slaughter means live-stock that are intended to be
6
exported and slaughtered overseas.
7
2 After subsection 10(3)
8
Insert:
9
(4) A licence under this section does not permit a person to export
10
live-stock for slaughter on or after 1 July 2014.
11
3 After section 16
12
Insert:
13
16A Export licence for live-stock for slaughter subject to additional
14
conditions
15
(1) The following conditions apply in relation to a licence to export
16
live-stock for slaughter:
17
(a) the licence holder will take all reasonable efforts to ensure
18
that the live-stock are treated satisfactorily in the country of
19
destination;
20
(b) if the licence holder becomes aware of evidence that
21
live-stock exported by the licence holder have not been
22
treated satisfactorily, the licence holder will notify the
23
Secretary in writing within 14 days after the license holder
24
becomes aware.
25
(2) In this section:
26
treated satisfactorily has same meaning as in section 9N of the
27
Export Control Act 1982.
28
Schedule 1 Amendments
4 Live Animal Export Restriction and Prohibition Bill 2011 No. , 2011
licence to export live-stock for slaughter means any licence issued
1
under this Act to export live-stock, to the extent that it permits the
2
export of live-stock for slaughter.
3
Transitional provision
4
(3) Paragraph (1)(a) does not apply in relation to live-stock exported
5
under a permission, consent or approval that was issued under the
6
Export Control Act 1982 on the basis that the exporter had grounds
7
for a transitional exemption under subsection 9N(7) of that Act.
8
Export Control Act 1982
9
4 After Part IIA
10
Insert:
11
Part IIB--Export of live-stock for slaughter
12
9N Conditions on export of live-stock for slaughter until 1 July 2014
13
(1) This section applies until immediately before 1 July 2014.
14
Prohibition on export of live-stock for slaughter unless certain
15
conditions fulfilled
16
(2) The regulations are taken to have declared that live-stock for
17
slaughter are prescribed goods.
18
(3) The regulations are taken to have prohibited the export of
19
live-stock for slaughter unless permitted by or in accordance with
20
the regulations.
21
(4) Live-stock for slaughter may not be exported, and a licence,
22
permission, consent or approval to export the live-stock may not be
23
granted under the regulations, unless the Secretary is satisfied
24
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
Live Animal Export Restriction and Prohibition Bill 2011 No. , 2011 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
6
slaughtered in accordance with the OIE Guidelines; and
7
(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:
11
(a) any undertakings given by, or contractual or legislative
12
obligations on, persons who will control the live-stock in the
13
country of export; and
14
(b) any history of exports of live-stock for slaughter to the same
15
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
18
(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--
21
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:
26
(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
29
(ii) is unable to satisfy the Secretary that the live-stock will
30
be treated satisfactorily; and
31
(iii) has made reasonable attempts to ensure that the
32
live-stock will be treated satisfactorily; and
33
(iv) has made reasonable attempts to re-negotiate the
34
contract to avoid the obligation.
35
Schedule 1 Amendments
6 Live Animal Export Restriction and Prohibition Bill 2011 No. , 2011
Definitions
1
(8) In this section:
2
commencement day means the day on which the Live Animal
3
Export Restriction and Prohibition Act 2011 commenced.
4
live-stock for slaughter has the same meaning as in the Australian
5
Meat and Live-stock Industry Act 1997.
6
Holding Standards means Standards 3.1, 3.2, 3.4, 3.5, 3.7(a),
7
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
8
Australian Standards for the Export of Livestock (Version 2.3),
9
published by the Department of Agriculture, Fisheries and
10
Forestry, with the following modifications:
11
(a) references to "registered premises" are changed to "holding
12
premises";
13
(b) references to "paddock or shed" in Standard 3.16 are changed
14
to "holding pen";
15
(c) references to "date of export" in Standard 3.16 are changed
16
to "date of delivery to slaughter facility or other disposal";
17
(d) the word "rejected" and the words "Criteria for rejection are
18
outlined in Appendix 3.1" are deleted from Standard 3.17.
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 2014.
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
27
live-stock for slaughter absolutely.
28

 


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