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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Environment Protection and Biodiversity Conservation Amendment
(Prohibition of Live Imports of Primates for Research) Bill 2012
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Lee Rhiannon)
Environment Protection and Biodiversity Conservation Amendment
(Prohibition of Live Imports of Primates for Research) Bill 2012
OUTLINE
1. The Environment Protection and Biodiversity Conservation Amendment
(Prohibition of Live Imports of Primates for Research) Bill 2012 amends
the Environment Protection and Biodiversity Conservation Act 1999 (EPBC
Act) to ban the import of live primates for the purposes of research.
The bill amends Part 13A of the EPBC Act which regulates international
movement of wildlife including import of primates into Australia. The
bill does not ban the use of primates for research, nor does it provide a
blanket ban on the importation of primates for other purposes such as
zoos.
There is widespread global concern that the current levels of wild-caught
primates throughout the world pose a significant threat to wild
populations. A 2009 animal welfare organisation investigation found that
wild-caught primates were being exported as "captive bred" primates from
Australia's Indonesian source of imported primates for research; and that
those primates were inflicted with cruelty and suffering during their
capture, confinement and transportation.
The specific issue of Indonesian primates wild-caught to supply global
research markets is raising concerns in CITES and the IUCN/SSC Primate
Specialist Group, as well as other wildlife conservation groups.
Australia is signatory to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES), which commits to
ensuring international trade in flora and fauna does not threaten a
species' survival. All non-human primates are listed as CITES specimens.
Further, Australia's National Health and Medical Research Council's
(NHMRC) policy on non-human primates for scientific purposes states that
"whenever possible investigators obtain non-human primates from National
Breeding Centres".
There are three government funded facilities in Australia breeding
primates for research, and no applications or permits for the importation
of live primates have been issued since 2009.
These new provisions will make it unlawful to import into Australia
primates for research purposes, formalising current practice whereby
primates have not been imported for research purposes into Australia for
many years, and ensuring Australia does not participate in the unethical
trade of wild-caught primates for experimentation.
NOTES ON CLAUSES
Clause 1 - Short Title
2. This clause provides for the bill, when enacted, to be cited as the
Environment Protection and Biodiversity Conservation Amendment
(Prohibition of Live Imports of Primates for Research) Act 2012.
Clause 2 - Commencement
3. This clause provides for the bill to commence on the day the Act
receives the Royal Assent.
Clause 3 - Schedule(s)
4. This clause is the formal enabling provision for the Schedule to the
bill, providing that each Act specified in a Schedule is amended in
accordance with the applicable items of the Schedule. In this bill the
Act being amended is the Environment Protection and Biodiversity
Conservation Act 1999.
5. The clause also provides that the other items of the Schedules have
effect according to their terms. This is a standard enabling clause for
transitional, savings and application items in amending legislation.
Schedule 1 - Amendments
Environment Protection and Biodiversity Conservation Act 1999
6. Item 1 inserts into existing subsection 303CG(1) reference to the new
subsection 303CG(5A).
7. Item 2 inserts new subsection 303CG(5A) requiring that the Minister
must not issue a permit that authorises the import of a CITES specimen if
the specimen is a live Primate; and the proposed import would be for the
purposes of research or for purposes that include research.
8. Item 3 inserts into existing subsection 303EN(1) reference to new
subsection 303EN(3A).
9. Item 4 inserts new subsection 303EN(3) requiring that the Minister must
not issue a permit that authorises the import of a regulated live
specimen if the specimen is a Primate; and the proposed import would be
for the purposes of research or for purposes that include research.
10. Item 5 inserts new subsection 303GB(1) requiring that the Minister may
not issue an exceptional circumstances permit authorising the import of
live primates for research or authorising the import of regulated live
specimens that are primates for research.
11. Item 6 inserts into existing subsection 303GC(2) reference to new
subsection 303GC(5A).
12. Item 7 inserts new subsection 303GC(5A) requiring that the Minister
must not issue a permit under subsection 303GC authorising the Secretary
to import a specimen if the specimen is a live primate; and the proposed
import would be for the purpose of research or for purposes that include
research.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Amendment (Prohibition
of Live Imports of Primates for Research) Bill 2012
This bill is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human
Rights (Parliamentary Scrutiny) Act 2011.
Overview of the bill
The Environment Protection and Biodiversity Conservation Amendment
(Prohibition of Live Imports of Primates for Research) Bill 2012 amends the
Environment Protection and Biodiversity Conservation Act 1999 to prohibit
the import of live non-human primates for research purposes.
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Animals are sentient beings but as yet do not enjoy rights comparable to
human rights. This bill fulfils humanity's responsibility to protect and
defend the rights of animals to live a life free of cruelty and suffering.
The bill will not have an adverse impact on medical research. Australia
has three primate breeding facilities supporting medical research in
Australia which serve current research requirements. No primates have been
imported to Australia for research purposes since 2009. This bill seeks to
prevent the resumption of the importation of primates for research purposes
that are caught in the wild.
Conclusion
This bill is compatible with human rights as it does not raise any human
rights issues.
Greens Senator Lee Rhiannon