A Bill for an Act to provide for the appointment of an Inspector‑General of Animal Welfare and Live Animal Exports, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Inspector‑General of Animal Welfare and Live Animal Exports Act 2018.
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 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | |
| 2. Sections 4 to 24 | The day the Consolidated Revenue Fund is appropriated under an Act to the Department in which this Act is administered for payment to the Inspector‑General. | |
| 3. Schedule 1 | The later of: (a) the commencement of the provisions covered by table item 2; and (b) immediately after the commencement of section 3 of the Export Control Act 2018. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | |
Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 Objects of this Act
The objects of this Act are:
(a) to strengthen animal welfare assurance in the live animal export trade by establishing independent oversight of the Commonwealth regulator by a statutory officer; and
(b) to provide generally for review of the operation of legislation relating to the live animal export trade by an independent statutory officer.
5 Simplified outline of this Act
This Act provides for the appointment of an Inspector‑General of Animal Welfare and Live Animal Exports.
The Inspector‑General can review the operation of the Export Control Act 1982, the Australian Meat and Live‑stock Industry Act 1997, or any instrument under either of those Acts, so far as they relate to live animals.
The Inspector‑General must publish a report of each review.
6 Definitions
In this Act:
civil penalty provision has the same meaning as in the Regulatory Powers Act.
Inspector‑General means the Inspector‑General of Animal Welfare and Live Animal Exports appointed under section 8.
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
7 Act binds the Crown
This Act binds the Crown in each of its capacities.
Note: See subsection 22(4) in relation to civil penalties.
Part 2—Inspector‑General of Animal Welfare and Live Animal Exports
8 Inspector‑General of Animal Welfare and Live Animal Exports
(1) There is to be an Inspector‑General of Animal Welfare and Live Animal Exports.
Appointment
(2) The Inspector‑General is to be appointed by the Minister by written instrument.
Note: The Inspector‑General may be reappointed, subject to subsection 9(2): see section 33AA of the Acts Interpretation Act 1901.
(3) The Inspector‑General may be appointed on a full‑time or part‑time basis.
9 Term of office
(1) The Inspector‑General holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(2) The Inspector‑General must not hold office for a total of more than 10 years.
10 Remuneration
(1) The Inspector‑General 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 member is to be paid the remuneration that is prescribed under subsection (4).
(2) The Inspector‑General is to be paid the allowances that are prescribed under subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
11 Leave of absence for full‑time Inspector‑General
(1) If the Inspector‑General is appointed on a full‑time basis, the Inspector‑General has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) If the Inspector‑General is appointed on a full‑time basis, the Minister may grant the Inspector‑General leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
12 Engaging in other paid employment
Full‑time Inspector‑General
(1) If the Inspector‑General is appointed on a full‑time basis, the Inspector‑General must not engage in paid work outside the duties of the Inspector‑General’s without the Minister’s approval.
Part‑time Inspector‑General
(2) If the Inspector‑General is appointed on a part‑time basis, the Inspector‑General must not engage in any paid work that conflicts or may conflict with the proper performance of the Inspector‑General’s duties.
13 Other terms and conditions
The Inspector‑General holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
14 Resignation
(1) The Inspector‑General may resign the Inspector‑General’s appointment by giving the Minister a written 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.
15 Termination of appointment
(1) The Minister may terminate the appointment of the Inspector‑General:
(a) for misbehaviour; or
(b) if the Inspector‑General is unable to perform the duties of the Inspector‑General’s office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of the Inspector‑General if:
(a) the Inspector‑General:
(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 the Inspector‑General’s creditors; or
(iv) makes an assignment of the Inspector‑General’s remuneration for the benefit of the Inspector‑General’s creditors; or
(b) if the Inspector‑General is appointed on a full‑time basis—the Inspector‑General is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) if the Inspector‑General is appointed on a full‑time basis—the Inspector‑General engages, except with the Minister’s approval, in paid work outside the duties of the Inspector‑General’s office (see subsection 12(1)); or
(d) if the Inspector‑General is appointed on a part‑time basis—the Inspector‑General engages in paid work that conflicts or may conflict with the proper performance of the Inspector‑General’s duties (see subsection 12(2)); or
(e) the Inspector‑General fails, without reasonable excuse, to comply with section 16 (disclosure of interests).
16 Disclosure of interests
The Inspector‑General must give written notice to the Minister of all interests, pecuniary or otherwise, that the Inspector‑General has or acquires and that conflict or could conflict with the proper performance of the Inspector‑General’s functions.
17 Acting appointments
The Minister may, by written instrument, appoint a person to act as the Inspector‑General:
(a) during a vacancy in the office of Inspector‑General (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Inspector‑General:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.
Part 3—Reviews by the Inspector‑General
18 Inspector‑General may review operation of legislation relating to the export of live animals
(1) The Inspector‑General may review the operation of any of the following, so far as they relate to live animals:
(a) the Export Control Act 1982 or any provision of that Act;
(b) any instrument made under the Export Control Act 1982 or any provision of such an instrument;
(c) the Australian Meat and Live‑stock Industry Act 1997 or any provision of that Act;
(d) any instrument made under the Australian Meat and Live‑stock Industry Act 1997 or any provision of such an instrument.
(2) Without limiting the matters that may be covered by a review under this section, a review may include a review of the performance of functions, or the exercise of powers, by any person (other than a Minister) under the Act, instrument or provision being reviewed, so far as the performance of the function or the exercise of the power relates to live animals.
Note: Although this section lets the Inspector‑General review an exercise of power that may involve a reviewable decision, the Inspector‑General cannot affirm, vary or set aside the decision.
(3) However, subsection (2) does not permit the Inspector‑General to review only a single performance of a function, or a single exercise of a power, by a single person.
Note: A review under this section must be more general.
(4) To avoid doubt, subsection (1) applies to the operation of an Act, instrument or provision before, on or after the commencement of this Act (including the performance of a function or the exercise of a power before, on or after the commencement of this Act).
Report on review
(5) The Inspector‑General must publish a report on each review the Inspector‑General conducts under this section.
Regulations may deal with reviews and reports
(6) The regulations may make provision for or in relation to:
(a) the process to be followed in conducting a review under this section; and
(b) the content of reports of reviews conducted under this section.
19 Inspector‑General may require information etc. for review
(1) The Inspector‑General may, by written notice given to a person who the Inspector‑General believes on reasonable grounds has information or documents relevant to a review under section 18, require the person to:
(a) answer questions, or give information to the Inspector‑General in writing, about the relevant information or documents, by the time specified in the notice; or
(b) produce the documents to the Inspector‑General by the time specified in the notice.
Note 1: A person may commit an offence or contravene a civil penalty provision if the person gives false or misleading information (see section 137.1 of the Criminal Code and section 20 of this Act).
Note 2: A person may commit an offence or contravene a civil penalty provision if the person provides false or misleading documents (see section 137.2 of the Criminal Code and section 21 of this Act).
(2) The time specified in the notice must be at least 14 days after the notice is given.
Civil penalty provision
(3) A person who is required to answer questions, give information in writing or produce documents under subsection (1) must comply with the requirement.
Civil penalty: 30 penalty units.
Self‑incrimination
(4) A person is excused from answering a question, giving information or producing a document under this section if the answer, the information or the production of the document might tend to incriminate the person or expose the person to a penalty.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
Copying documents produced
(5) The Inspector‑General:
(a) may make copies of, or take extracts from, a document produced under subsection (1); and
(b) for that purpose, may remove the document from the place at which it was produced.
20 Civil penalty provision for false or misleading information
(1) A person is liable to a civil penalty if:
(a) the person gives information in compliance or purported compliance with a requirement of the Inspector‑General under section 19; and
(b) the person does so knowing that the information:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information is misleading.
Civil penalty: 60 penalty units.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the information is not false or misleading in a material particular.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the information did not omit any matter or thing without which the information is misleading in a material particular.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).
21 Civil penalty provision for false or misleading documents
(1) A person is liable to a civil penalty if:
(a) the person produces a document to the Inspector‑General person; and
(b) the person does so knowing that the document is false or misleading; and
(c) the document is produced in compliance or purported compliance with a requirement of the Inspector‑General under section 19.
Civil penalty: 60 penalty units.
(2) Subsection (1) does not apply if the document is not false or misleading in a material particular.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
(3) Subsection (1) does not apply to a person who produces a document if the document is accompanied by a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate:
(a) stating that the document is, to the knowledge of the first‑mentioned person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the document is, to the knowledge of the first‑mentioned person, false or misleading.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see section 96 of the Regulatory Powers Act).
Part 4—Miscellaneous
22 Civil penalty provisions
Enforceable civil penalty provision
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Inspector‑General is an authorised applicant in relation to the civil penalty provisions referred to in subsection (1) of this section.
Relevant courts
(3) For the purposes of Part 4 of the Regulatory Powers Act, the Federal Court and the Federal Circuit Court of Australia are relevant courts in relation to the civil penalty provisions referred to in subsection (1) of this section.
Liability of Crown
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil penalty provisions of this Act, does not make the Crown liable to a pecuniary penalty.
23 Immunity from legal action
No action, suit or proceeding may be brought against a person who is, or has been, the Inspector‑General in relation to anything done, or omitted to be done, in good faith by the Inspector‑General:
(a) in the performance, or purported performance, of the Inspector‑General’s functions; or
(b) in the exercise, or purported exercise, or the Inspector‑General’s powers.
24 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.