Competition and Consumer Amendment (Safeguarding the Reputation of Australian Beef) Bill 2017 [2017] AUSStaCSBSD 233 (9 August 2017)

• Competition and Consumer Amendment (Safeguarding the Reputation of Australian Beef) Bill 2017
• Broad scope of pecuniary penalty provision1

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Competition and Consumer Amendment (Safeguarding the Reputation of Australian Beef) Bill 2017

Purpose	This bill seeks to amend Competition and Consumer Act 2010 to provide that a pecuniary penalty may be imposed where Australian cattle exporters do not take reasonable steps to ensure that Australian cattle that is slaughtered, or processed after slaughter in a foreign country, is not marketed as Australian beef
Sponsor	Ms Rebekha Sharkie MP
Introduced	House of Representatives on 21 June 2017
Scrutiny principle(s)	Standing Order 24(1)(a)(i)

Broad scope of pecuniary penalty provision^[1]

1.2 Proposed subsection 137A(2) seeks to impose a pecuniary penalty where a person engaged in the business of exporting cattle does not take 'reasonable steps' to ensure that Australian cattle that is slaughtered, or processed after slaughter in a foreign country, is not marketed as Australian beef. Breach of this section would carry a pecuniary penalty of $1.1 million for a body corporate or $220,000 for a non-body corporate.

1.3 It is unclear on the face of the bill, and the explanatory memorandum provides no guidance, as to what would constitute taking all 'reasonable steps' to ensure that no product resulting from a slaughter or processing is marketed as Australian beef.

1.4 The committee draws to the attention of Senators its scrutiny concerns regarding the broad scope of the pecuniary penalty provision and leaves this issue to the Senate as a whole.

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[1] Schedule 1, item 3, proposed subsection 137A(2). The committee draws Senators’ attention to this provision pursuant to principle 1(a)(i) of the committee’s terms of reference.