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2010-2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
LIVE ANIMAL EXPORT RESTRICTION AND PROHIBITION BILL 2011
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator N Xenophon)
LIVE ANIMAL EXPORT RESTRICTION AND PROHIBITION BILL 2011
1. Short Title
This clause is a formal provision and specifies the short title of Bill, once enacted, as the Live Animal
Export Restriction and Prohibition Bill 2011.
2. Commencement
This clause provides for the Act the day after this Act receives Royal Assent.
3. Schedules
This clause states that each Act specified in a Schedule to this Act is amended or repealed according
to the provisions of this Act, according to its terms.
Schedule 1 - Amendments
Australian Meat and Live-stock Industry Act 1997
1. Item 1 inserts a definition for `live-stock for slaughter' into section 3 of the Act to ensure that
the provisions in the Bill apply only to live-stock that are intended to be exported and slaughtered
overseas.
2. Item 2 inserts a subsection in section 10 of the Act, which notes that export licenses granted
under the Act do not allow for the export of live-stock for slaughter after 1 July 2014. This item sets
an end-date on the export of live animals for slaughter, as supported by Item 5 of this Bill, which
amends the Export Control Act 1982 to prohibit the export of live-stock for slaughter after 1 July
2014.
3. Item 3 inserts section 16A into the Act to set out additional conditions which apply in relation
to a licence for export of live animals for slaughter. These conditions provide that an export licence
holder must take all reasonable efforts to ensure that live-stock are treated in accordance with the
International Office of Epizootics (OIE) guidelines from the relevant sections of the current edition of
the Terrestrial Animal Health Code, as defined in Item 5 of this Bill. This item also states that if a
live-stock export licence holder becomes aware that live-stock exported under their licence have not
been treated in accordance with these guidelines, they must notify the Secretary within 14 days of
becoming aware of the breaches.
Subsection 16A(3) provides that paragraph (1)(a) does not apply to live-stock exported under
permission, consent or approval that was issued on the basis of the transitional arrangements outlined
in Item 4 of this Bill.
Export Control Act 1984
4. Item 4 inserts Part IIB into the Act to impose regulations on the export of live-stock for
slaughter between the commencement date and 1 July 2014; to provide for transitional exemptions to
be granted in certain circumstances where live-stock export contracts existed before the
commencement date; and to ban the export of live-stock for slaughter unconditionally after 1 July
2014.
Part IIB, section 9N
1. Subsection (1) ensures that the conditions in section 9N only apply until a full ban comes into
effect on 1 July 2014.
2. Subsection (2) declares that live-stock for slaughter are to be considered prescribed goods.
3. Subsections (3) and (4) prohibit the export of live-stock for slaughter unless the Secretary is
satisfied that the live-stock will be treated satisfactorily or the person proposing the export of
the live-stock for slaughter has the grounds for a transitional exemption.
4. Subsections (5) and (6) detail the grounds under which the Secretary may be satisfied that the
live-stock will be treated satisfactorily. Subsection (5) details that the live-stock must be kept
in holding pens that comply with the holding standards as defined in subsection (8);
transported, unloaded, kept in lairage and slaughtered in accordance with the OIE Guidelines
as defined in subsection (8); and stunned immediately prior to being slaughtered. Subsection
(6) states that the Secretary can take into account any issues he or she may consider relevant
when forming a view as to whether exported live-stock will be treated satisfactorily, including
legislative and regulatory conditions in the country of export, and any known history of
exports to the country of export.
5. Subsection (7) details transitional exemptions that may be granted where a contract for the
export of live-stock for slaughter existed prior to the commencement date with the physical
export to take place after the commencement date.
6. Under paragraph (7)(a), a person who proposes to export live-stock for slaughter within 3
months of the commencement day may be granted a transitional exemption from the
requirement to satisfy the Secretary that the live-stock they propose to export for slaughter
will be treated satisfactorily if they would be in breach of a contract entered into prior to the
commencement day.
7. Under paragraph (7)(b), a person who proposes to export live-stock for slaughter between 3
and 6 months of the commencement day may be granted a transitional exemption from the
requirement to satisfy the Secretary that the live-stock they propose to export for slaughter
will be treated satisfactorily if they would be in breach of a contract entered into prior to the
commencement day, they have made reasonable attempts to renegotiate their contract to avoid
any breach of contract and they have made reasonable attempts to ensure that the live-stock
would be treated satisfactorily.
8. Subsection (8) inserts into the Act definitions for commencement day, live-stock for
slaughter, Holding Standards and OIE Guidelines.
Part IIB, section 9P
1. Section 9P places a total and unconditional ban on the export of live-stock for slaughter from
1 July 2014.