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A Bill for an Act to restrict the export of live animals for slaughter pending its prohibition, and for related purposes
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Registered 21 Jun 2011
Introduced Senate 20 Jun 2011
Table of contents.

 

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Live Animal Export Restriction and Prohibition Bill 2011

 

No.      , 2011

 

(Senator Xenophon)

 

 

 

A Bill for an Act to restrict the export of live animals for slaughter pending its prohibition, and for related purposes

  

  


Contents

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

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendments                                                                                                3

Australian Meat and Livestock Industry Act 1997                                                3

Export Control Act 1982                                                                                            4

 


A Bill for an Act to restrict the export of live animals for slaughter pending its prohibition, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Live Animal Export Restriction and Prohibition Act 2011.

2  Commencement

                   This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendments

  

Australian Meat and Livestock Industry Act 1997

1  Section 3 (after the definition of live‑stock)

Insert:

live‑stock for slaughter means live‑stock that are intended to be exported and slaughtered overseas.

2  After subsection 10(3)

Insert:

             (4)  A licence under this section does not permit a person to export live‑stock for slaughter on or after 1 July 2014.

3  After section 16

Insert:

16A  Export licence for live‑stock for slaughter subject to additional conditions

             (1)  The following conditions apply in relation to a licence to export live‑stock for slaughter:

                     (a)  the licence holder will take all reasonable efforts to ensure that the live‑stock are treated satisfactorily in the country of destination;

                     (b)  if the licence holder becomes aware of evidence that live‑stock exported by the licence holder have not been treated satisfactorily, the licence holder will notify the Secretary in writing within 14 days after the license holder becomes aware.

             (2)  In this section:

treated satisfactorily has same meaning as in section 9N of the Export Control Act 1982.

licence to export live‑stock for slaughter means any licence issued under this Act to export live‑stock, to the extent that it permits the export of live‑stock for slaughter.

Transitional provision

             (3)  Paragraph (1)(a) does not apply in relation to live‑stock exported under a permission, consent or approval that was issued under the Export Control Act 1982 on the basis that the exporter had grounds for a transitional exemption under subsection 9N(7) of that Act.

Export Control Act 1982

4  After Part IIA

Insert:

Part IIBExport of live‑stock for slaughter

9N  Conditions on export of live‑stock for slaughter until 1 July 2014

             (1)  This section applies until immediately before 1 July 2014.

Prohibition on export of live‑stock for slaughter unless certain conditions fulfilled

             (2)  The regulations are taken to have declared that live‑stock for slaughter are prescribed goods.

             (3)  The regulations are taken to have prohibited the export of live‑stock for slaughter unless permitted by or in accordance with the regulations.

             (4)  Live‑stock for slaughter may not be exported, and a licence, permission, consent or approval to export the live‑stock may not be granted under the regulations, unless the Secretary is satisfied either that the live‑stock will be treated satisfactorily in the country of destination or that there are grounds for a transitional exemption.

When live‑stock are treated satisfactorily

             (5)  Live‑stock for slaughter will be treated satisfactorily in the country of destination if they will be:

                     (a)  kept in that country in holding premises that comply with the Holding Standards; and

                     (b)  transported to slaughter, unloaded, kept in lairage and slaughtered in accordance with the OIE Guidelines; and

                     (c)  stunned using appropriate humane restraints immediately before slaughter.

             (6)  In forming a view as to whether live‑stock will be treated satisfactorily, the Secretary may take into account:

                     (a)  any undertakings given by, or contractual or legislative obligations on, persons who will control the live‑stock in the country of export; and

                     (b)  any history of exports of live‑stock for slaughter to the same persons or to the same country; and

                     (c)  any other matters that he or she considers relevant.

When there are grounds for a transitional exemption

             (7)  A person who proposes to export live‑stock for slaughter has grounds for a transitional exemption if:

                     (a)  for export within 3 months after the commencement day—the person will be in breach of a contract entered into before the commencement day if the export does not take place at that time; or

                     (b)  for export between 3 and 6 months after the commencement day—the person:

                              (i)  will be in breach of a contract entered into before the commencement day if the export does not take place at that time; and

                             (ii)  is unable to satisfy the Secretary that the live‑stock will be treated satisfactorily; and

                            (iii)  has made reasonable attempts to ensure that the live‑stock will be treated satisfactorily; and

                            (iv)  has made reasonable attempts to re‑negotiate the contract to avoid the obligation.

Definitions

             (8)  In this section:

commencement day means the day on which the Live Animal Export Restriction and Prohibition Act 2011 commenced.

live‑stock for slaughter has the same meaning as in the Australian Meat and Live‑stock Industry Act 1997.

Holding Standards means Standards 3.1, 3.2, 3.4, 3.5, 3.7(a), 3.7(b), 3.7(e), 3.7(f), 3.7(g), 3.7(h), 3.11, 3.14, 3.16 and 3.17 of the Australian Standards for the Export of Livestock (Version 2.3), published by the Department of Agriculture, Fisheries and Forestry, with the following modifications:

                     (a)  references to “registered premises” are changed to “holding premises”;

                     (b)  references to “paddock or shed” in Standard 3.16 are changed to “holding pen”;

                     (c)  references to            “date of export” in Standard 3.16 are changed to “date of delivery to slaughter facility or other disposal”;

                     (d)  the word “rejected” and the words “Criteria for rejection are outlined in Appendix 3.1” are deleted from Standard 3.17.

OIE Guidelines means the relevant sections of the current version of the Terrestrial Animal Health Code published by the OIE (the World Organisation for Animal Health).

9P  Ban on export of live‑stock for slaughter

             (1)  This section applies on and from 1 July 2014.

             (2)  The regulations are taken to have declared that live‑stock for slaughter are prescribed goods.

             (3)  The regulations are taken to have prohibited the export of live‑stock for slaughter absolutely.