VOICE FOR ANIMALS (INDEPENDENT OFFICE OF ANIMAL WELFARE) BILL 2013

2010-2011-2012-2013

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Voice for Animals (Independent Office of

Animal Welfare) Bill 2013

No. , 2013

(Mr Bandt)

A Bill for an Act to establish a Commonwealth

statutory authority with responsibility for

protecting animal welfare in Commonwealth

regulated activities, and for related purposes

i Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

Contents

Part 1--Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Definitions ......................................................................................... 2

Crown to be bound ............................................................................. 3

Part 2--Office of Animal Welfare

Establishment ..................................................................................... 4

Constitution........................................................................................ 4

Function ............................................................................................. 4

Office has the privileges and immunities of the Crown ..................... 4

Part 3--Chief Executive Officer, staff and consultants

Division 1--Functions of the CEO

Functions of the CEO ........................................................................ 5

Minister may give directions to the CEO ........................................... 7

Division 2--Appointment of the CEO

Appointment ...................................................................................... 8

Term of appointment ......................................................................... 8

Acting CEO ....................................................................................... 8

Division 3--Terms and conditions of the CEO's appointment

Remuneration and allowances ........................................................... 9

Leave of absence ................................................................................ 9

Outside employment .......................................................................... 9

Disclosure of interests ........................................................................ 9

Other terms and conditions .............................................................. 10

Resignation ...................................................................................... 10

Termination of appointment ............................................................ 10

Division 4--Staff and consultants

Staff ................................................................................................. 11

Persons assisting the CEO ............................................................... 11

Consultants ...................................................................................... 12

Part 4--Office of Animal Welfare Advisory Committee

Establishment of the Office of Animal Welfare Advisory

Committee ....................................................................................... 13

Functions of the Committee ............................................................. 13

Membership of the Committee ........................................................ 13

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 ii

Procedures of the Committee ........................................................... 14

Disclosure of interests ...................................................................... 14

Part 5--Miscellaneous

Annual report ................................................................................... 15

Other reports .................................................................................... 15

Delegation by the CEO .................................................................... 16

Part 1 Preliminary

Section 2

2 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

The day after the end of the period of 6

months beginning on the day this Act

receives the Royal Assent.

However, if, before the end of that period,

the Parliament does not appropriate funds

for the purposes of this Act, the provision(s)

do not commence at all.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Definitions

In this Act:

CEO means the Chief Executive Officer appointed under

section 11.

Committee means the Office of Animal Welfare Advisory

Committee established by section 24.

Preliminary Part 1

Section 4

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 3

Department Review functions has the meaning given in subsection

9(4).

Livestock Standards functions has the meaning given in

subsection 9(2).

Office means the Office of Animal Welfare established by

section 5.

Reporting functions has the meaning given in subsection 9(3).

4 Crown to be bound

This Act binds the Crown in each of its capacities.

Part 2 Office of Animal Welfare

Section 5

4 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

Part 2--Office of Animal Welfare

5 Establishment

The Office of Animal Welfare is established by this section.

6 Constitution

The Office consists of:

(a) the CEO; and

(b) the staff of the Office.

Note:

The Office does not have a legal identity separate from the

Commonwealth.

7 Function

The Office's function is to assist the CEO in the performance of

the CEO's functions.

8 Office has the privileges and immunities of the Crown

The Office has the privileges and immunities of the Crown in right

of the Commonwealth.

Chief Executive Officer, staff and consultants Part 3

Functions of the CEO Division 1

Section 9

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 5

Part 3--Chief Executive Officer, staff and

consultants

Division 1--Functions of the CEO

9 Functions of the CEO

CEO's functions

(1) The CEO has each of the following functions:

(a) the Livestock Standards functions referred to in

subsection (2);

(b) the Reporting functions referred to in subsection (3);

subsection (4).

Livestock Standards functions

(2) The CEO has each of the following functions (the Livestock

Standards functions):

(a) reviewing and monitoring the Australian Standards for the

Export of Livestock;

(b) reviewing and monitoring the Exporter Supply Chain

Assurance System;

referred to in paragraphs (a) and (b).

Reporting functions

(3) The CEO has the following functions (the Reporting functions):

(a) making the Office a Centre of Excellence for the collection

and dissemination of information about animal welfare issues

that impact the Commonwealth;

(b) undertaking inquiries, commissioning research and preparing

reports about the following issues:

(i) protecting and promoting animal welfare in the export

of live animals;

Part 3 Chief Executive Officer, staff and consultants

Division 1 Functions of the CEO

Section 9

6 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

(ii) the effectiveness of Commonwealth laws that apply to

the export of live animals;

(iii) the Commonwealth's animal welfare policy;

(iv) scientific and legal issues that arise in respect of the

Commonwealth's animal welfare policy;

(v) potential animal welfare issues that arise in respect of

the Commonwealth's animal welfare policy;

(vi) the importation of animals and animal products into

Australia;

(vii) the management of animal species introduced into

Australia;

(viii) the Australian Animal Welfare Strategy and the Model

Codes of Practice for Animal Welfare;

(ix) the possible harmonisation of animal welfare laws of the

Commonwealth, States and Territories;

(x) considering academic and scientific research relevant to

any of the issues outlined in subparagraphs (i) to (ix);

activities and effectiveness of the:

(i) Live Export Advisory Group; and

(ii) Australian Animal Welfare Advisory Committee.

Department Review functions

(4) The CEO has the following functions (the Department Review

functions):

(a) considering the activities of the Department that relate to any

of the following:

(i) monitoring compliance with the Commonwealth's

animal welfare laws;

(ii) the enforcement of the Commonwealth's animal welfare

laws;

(iii) the effectiveness of the Commonwealth's animal

welfare laws; and

(b) considering the effectiveness of the Department's

implementation of the Commonwealth's animal welfare

policy;

Chief Executive Officer, staff and consultants Part 3

Functions of the CEO Division 1

Section 10

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 7

referred to in paragraphs (a) and (b).

Power to do things necessary or convenient

(5) The CEO has the power to do all things necessary or convenient to

be done for or in connection with the performance of his or her

functions.

10 Minister may give directions to the CEO

(1) The Minister may, by legislative instrument, give written directions

to the CEO about the performance of the CEO's functions.

Note:

Section 42 (disallowance) and Part 6 (sunsetting) of the Legislative

Instruments Act 2003 do not apply to the direction (see sections 44

and 54 of that Act).

(2) A direction under subsection (1) must be of a general nature only.

(3) The CEO must comply with a direction under subsection (1).

Part 3 Chief Executive Officer, staff and consultants

Division 2 Appointment of the CEO

Section 11

8 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

Division 2--Appointment of the CEO

11 Appointment

The CEO is to be appointed by the Minister by written instrument,

on a full-time basis.

12 Term of appointment

The CEO holds office for the period specified in the instrument of

appointment. The period must not exceed 5 years.

Note:

The CEO is eligible for reappointment: see section 33AA of the Acts

Interpretation Act 1901.

13 Acting CEO

The Minister may, by written instrument, appoint a person to act as

CEO:

(a) during a vacancy in the office of CEO, whether or not an

appointment has been previously made to that office; or

(b) during any period, or during all periods, when the CEO is

absent from duty or from Australia or is, for any other reason,

unable to perform the duties of the office of CEO.

Note:

See sections 33AB and 33A of the Acts Interpretation Act 1901 for

rules that apply to acting appointments.

Chief Executive Officer, staff and consultants Part 3

Terms and conditions of the CEO's appointment Division 3

Section 14

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 9

Division 3--Terms and conditions of the CEO's

appointment

14 Remuneration and allowances

(1) The CEO is to be paid the remuneration that is determined by the

Remuneration Tribunal. If no determination of that remuneration

by the Tribunal is in operation, the CEO is to be paid the

remuneration that is prescribed by the regulations.

(2) The CEO is to be paid the allowances that are prescribed by the

regulations.

(3) This section has effect subject to the Remuneration Tribunal Act

1973.

15 Leave of absence

(1) The CEO has the recreation leave entitlements that are determined

by the Remuneration Tribunal.

(2) The Minister may grant to the CEO leave of absence, other than

recreation leave, on the terms and conditions as to remuneration or

otherwise that the Minister determines in writing.

16 Outside employment

The CEO must not engage in paid employment outside the duties

of his or her office without the Minister's approval.

17 Disclosure of interests

The CEO must give written notice to the Minister of all interests,

pecuniary or otherwise, that the CEO has or acquires and that

conflict or could conflict with the proper performance of the

CEO's functions.

Part 3 Chief Executive Officer, staff and consultants

Division 3 Terms and conditions of the CEO's appointment

Section 18

10 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

18 Other terms and conditions

The CEO holds office on the terms and conditions (if any) in

relation to matters not covered by this Act that are determined, in

writing, by the Minister.

19 Resignation

(1) The CEO may resign his or her appointment by giving the Minister

a signed notice of resignation.

(2) The resignation takes effect on the day it is received by the

Minister or, if a later day is specified in the resignation, on that

later day.

20 Termination of appointment

The Minister may terminate the appointment of the CEO:

(a) for misbehaviour; or

(b) if the CEO is unable to perform the duties of his or her office

because of physical or mental incapacity; or

(i) becomes bankrupt; or

(ii) applies to take the benefit of any law for the relief of

bankrupt or insolvent debtors; or

(iii) compounds with his or her creditors; or

(iv) makes an assignment of his or her remuneration for the

benefit of his or her creditors; or

(d) if the CEO is absent, except on leave of absence, for 14

consecutive days or for 28 days in any 12 months; or

(e) if the CEO engages, without the Minister's approval, in paid

employment outside the duties of his or her office (see

section 16); or

(f) if the CEO fails, without reasonable excuse, to comply with

section 17 (which deals with disclosure of interests).

Chief Executive Officer, staff and consultants Part 3

Staff and consultants Division 4

Section 21

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 11

Division 4--Staff and consultants

21 Staff

(1) The staff of the Office must be persons engaged under the Public

Service Act 1999.

(2) For the purposes of that Act:

(a) the CEO and the staff of the Office together constitute a

Statutory Agency; and

(b) the CEO is the Head of that Statutory Agency.

22 Persons assisting the CEO

(1) The CEO may also be assisted by:

(a) officers and employees of Agencies (within the meaning of

the Public Service Act 1999), and of authorities of the

Commonwealth, whose services are made available to the

Office in connection with the performance of any of its

functions; and

(b) persons whose services are so made available under

arrangements made under subsection (2).

(2) The CEO may, on behalf of the Commonwealth, make an

arrangement with the appropriate authority or officer of a State or

Territory government or government authority under which the

government or government authority makes officers or employees

available to the CEO to perform services in connection with the

performance of any of the CEO's functions.

(3) An arrangement under subsection (2) may provide for the

Commonwealth to reimburse a State or Territory with respect to

the services of a person or persons to whom the arrangement

relates.

(4) When performing services for the CEO under this section, a person

is subject to the directions of the CEO.

Office of Animal Welfare Advisory Committee Part 4

Section 24

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 13

Part 4--Office of Animal Welfare Advisory

Committee

24 Establishment of the Office of Animal Welfare Advisory

Committee

The Office of Animal Welfare Advisory Committee (the

Committee) is established by this section.

25 Functions of the Committee

The Committee has the following functions:

(a) at the request of the CEO--to report to and advise the CEO

in relation to any of the CEO's functions referred to in

section 9;

(b) any other functions conferred on the Committee by a

provision of another Act;

of the above functions.

26 Membership of the Committee

The Committee consists of the following members:

(a) the CEO;

(b) each of the following:

(i) 3 members representing non-governmental animal

welfare organisations;

(ii) 1 member representing consumer groups;

(iii) 1 member representing scientists specialising in animal

welfare issues;

(iv) 1 member representing ethicists specialising in animal

welfare issues;

(v) 1 member representing the Department;

(vi) 1 member representing commercial producers, or

commercial purchasers, of animals or animal products;

Part 4 Office of Animal Welfare Advisory Committee

Section 27

14 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

appropriate.

27 Procedures of the Committee

(1) The CEO is to be the Chair of the Committee.

(2) The Chair of the Committee must hold such meetings as are

necessary for the efficient performance of the Committee's

functions.

(3) The Chair must preside at all meetings at which he or she is

present.

(4) If the Chair is not present at a meeting, the Chair may appoint a

delegate to chair the meeting in place of the Chair.

28 Disclosure of interests

(1) A member of the Committee who has an interest, pecuniary or

otherwise, in a matter being considered or about to be considered

by the Committee must disclose the nature of the interest to a

meeting of the Committee.

(2) The disclosure must be made as soon as possible after the relevant

facts have come to the member's knowledge.

(3) The disclosure must be recorded:

(a) in the minutes of the meeting of the Committee; and

(b) in any advice provided, or recommendations made, to the

CEO by the Committee; and

Miscellaneous Part 5

Section 29

Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013 15

Part 5--Miscellaneous

29 Annual report

(1) The CEO must, within 45 days after the end of each financial year,

prepare and give to the Minister, for presentation to the Parliament,

a report that includes the following information:

(i) details of the Office's operations during the year;

(ii) an evaluation of the Office's overall performance during the

year;

(iii) information about the Office's functions.

Note:

See also section 34C of the Acts Interpretation Act 1901, which

contains extra rules about annual reports.

(2) A report provided to the Minister, must be tabled in both Houses of

the Parliament within 4 weeks of the date that it is provided to the

Minister.

(3) If this section does not commence at the start of a financial year,

the first report under subsection (1) must relate to the period that

starts on the commencement of this section and ends at the end of

the next 30 June.

30 Other reports

(1) If the CEO prepares a report for the purpose of section 9, the CEO

must, within 15 days after the date that the report is completed,

prepare and give to the Minister a copy of the report, for

presentation to the Parliament.

(2) A report provided to the Minister, must be tabled in both Houses of

the Parliament within 4 weeks of the date that it is provided to the

Minister.

(3) If the Minister receives a report for the purpose of subsection (1),

the Minister must prepare a written response to the

recommendations made in the report and table the response in both

Houses of the Parliament at the same time as the report is tabled in

those Houses.

Part 5 Miscellaneous

Section 31

16 Voice for Animals (Independent Office of Animal Welfare) Bill 2013 No. , 2013

31 Delegation by the CEO

(1) The CEO may delegate, in writing, all or any of the CEO's

functions and powers under this Act to a member of the staff of the

Office.

(2) In exercising his or her powers under subsection (1), the CEO is to

have regard to the powers to be exercised by the delegate and the

responsibilities of the officer to whom the power is delegated.

(3) A delegate must comply with any written directions of the CEO.

Commonwealth of Australia Bills

VOICE FOR ANIMALS (INDEPENDENT OFFICE OF ANIMAL WELFARE) BILL 2013