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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Live Sheep Long Haul Export
Prohibition Bill 2018
No. , 2018
(Ms Ley)
A Bill for an Act to restrict the long haul export of
live sheep, and for related purposes
No. , 2018
Live Sheep Long Haul Export Prohibition 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
6
Export Control Act 2018
6
No. , 2018
Live Sheep Long Haul Export Prohibition Bill 2018
1
A Bill for an Act to restrict the long haul export of
1
live sheep, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Live Sheep Long Haul Export Prohibition Act 2018.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Live Sheep Long Haul Export Prohibition Bill 2018
No. , 2018
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
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
7
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
Main amendments Schedule 1
No. , 2018
Live Sheep Long Haul Export Prohibition 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, if the duration of the voyage is 10
18
days or more.
19
(2) In this section:
20
transitional period means the period of 5 years starting on the day
21
Schedule 1 to the Live Sheep Long Haul Export Prohibition Act
22
2018 commences.
23
2 Paragraphs 17(1)(a) and (b)
24
After "the regulations", insert "or section 16A".
25
3 At the end of subsection 18(4)
26
Add "or section 16A".
27
4 At the end of paragraph 23(1)(g)
28
Add "(other than the condition in section 16A)".
29
Schedule 1 Main amendments
4
Live Sheep Long Haul Export Prohibition Bill 2018
No. , 2018
5 After subsection 23(2)
1
Insert:
2
(2AA) If the Secretary has reasonable grounds for believing that the
3
holder of a live-stock export licence has contravened the condition
4
in section 16A, the Secretary must give a written notice under this
5
section to the holder.
6
6 Paragraph 23(3)(a)
7
After "(1)", insert "or (2AA)".
8
7 After subparagraph 24(1)(b)(i)
9
Insert:
10
(ia) if subsection 23(2AA) applies--of the matter mentioned
11
in subsection 23(2AA); or
12
Export Control Act 1982
13
8 After section 7
14
Insert:
15
7AA Regulations taken to prohibit long haul export of live sheep etc.
16
by ship to the Persian Gulf or Red Sea subject to
17
conditions and restrictions
18
Live sheep and lambs are taken to be prescribed goods
19
(1) The regulations are taken, on and after the commencement of this
20
section, to declare that live-stock that are sheep or lambs are
21
prescribed goods for the purposes of this Act.
22
Prohibition on export to Persian Gulf or Red Sea subject to
23
conditions
24
(2) Regulations made for the purposes of subsection 7(1) are taken, on
25
and after the commencement of this section, to prohibit the export
26
of live-stock that are sheep or lambs, by ship, to:
27
(a) a place in the Persian Gulf or the Red Sea (whether or not
28
that place is the intended final overseas destination for the
29
sheep or lambs); or
30
Main amendments Schedule 1
No. , 2018
Live Sheep Long Haul Export Prohibition Bill 2018
5
(b) any other place, if the route of the ship to that place is
1
through the Persian Gulf or the Red Sea;
2
unless:
3
(c) the condition in subsection (3) is complied with; and
4
(d) any other conditions or restrictions prescribed for the
5
purposes of section 7 that are applicable to the goods are, to
6
the extent that those other conditions or restrictions are not
7
inconsistent with subsection (3) of this section, complied
8
with.
9
(3) The condition is that:
10
(a) the sheep or lambs are exported at a time that is:
11
(i) before the end of the transitional period; but
12
(ii) not in July, August or September; or
13
(b) the duration of the voyage is less than 10 days.
14
Definitions
15
(4) In this section:
16
live-stock has the same meaning as in the Australian Meat and
17
Live-stock Industry Act 1997.
18
transitional period means the period of 5 years starting on the day
19
Schedule 1 to the Live Sheep Long Haul Export Prohibition Act
20
2018 commences.
21
9 Application of amendments
22
(1)
The amendments of the Australian Meat and Live-stock Industry Act
23
1997 made by this Schedule apply in relation to a live-stock export
24
licence that is in force on or after the commencement of this item,
25
whether the licence was granted before, on or after that commencement.
26
(2)
The amendment of the Export Control Act 1982 made by this Schedule
27
applies in relation to an act or omission occurring on or after the
28
commencement of this item.
29
Schedule 2 Contingent amendments
6
Live Sheep Long Haul Export Prohibition Bill 2018
No. , 2018
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
(b) any other prescribed export conditions that are applicable to
24
the goods are, to the extent that those other conditions are not
25
inconsistent with subsection (3) of this section, complied
26
with.
27
(3) The condition is that:
28
(a) the sheep or lambs are exported at a time that is:
29
(i) before the end of the transitional period; but
30
(ii) not in July, August or September; or
31
(b) the duration of the voyage is less than 10 days.
32
Contingent amendments Schedule 2
No. , 2018
Live Sheep Long Haul Export Prohibition Bill 2018
7
(4) Subsection (3) is a prescribed export condition for the purposes of
1
this Act.
2
Meaning of transitional period
3
(5) In this section:
4
transitional period means the period:
5
(a) starting on the commencement of this section; and
6
(b) ending at the end of the period of 5 years starting on the day
7
Schedule 1 to the Live Sheep Long Haul Export Prohibition
8
Act 2018 commences.
9
2 Application of amendments
10
The amendment of the Export Control Act 2018 made by this Schedule
11
applies in relation to an act or omission occurring on or after the
12
commencement of this item.
13