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A Bill for an Act to amend customs legislation to prohibit the exportation and importation of greyhounds for commercial purposes, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 02 Sep 2021
Introduced Senate 01 Sep 2021
Table of contents.

2019‑2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

Customs Legislation Amendment (Commercial Greyhound Export and Import Prohibition) Bill 2021

 

No.      , 2021

 

(Senator Faruqi)

 

 

 

A Bill for an Act to amend customs legislation to prohibit the exportation and importation of greyhounds for commercial purposes, and for related purposes

  

  


Contents

 

 

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

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

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Part 1—Prohibition on commercial export of greyhounds                         3

Customs (Prohibited Exports) Regulations 1958                                                  3

Part 2—Corresponding prohibition on commercial importation of greyhounds  7

Customs (Prohibited Imports) Regulations 1956                                                  7

Part 3—Amendments affecting the greyhound prohibitions                  10


A Bill for an Act to amend customs legislation to prohibit the exportation and importation of greyhounds for commercial purposes, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Customs Legislation Amendment (Commercial Greyhound Export and Import Prohibition) Act 2021.

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.  The whole of this Act

The day after this Act receives the Royal Assent.

 

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.

Note:          Subject to item 3 of Schedule 1, the provisions of the Customs (Prohibited Exports) Regulations 1958 and Customs (Prohibited Imports) Regulations 1956 amended or inserted by this Act, and any other provisions of those regulations, may be amended or repealed by regulations made under the Customs Act 1901 (see subsection 13(5) of the Legislation Act 2003).

Schedule 1Amendments

Part 1Prohibition on commercial export of greyhounds

Customs (Prohibited Exports) Regulations 1958

1  After regulation 9AB

Insert:

9ABA  Exportation of greyhounds

Prohibition on exportation

             (1)  The exportation from Australia of greyhounds is prohibited unless:

                     (a)  permission for the exportation has been granted under subregulation (2) and is in force; and

                     (b)  the permission is produced to the Collector.

Note:          In addition to a permission under this regulation, there may be other requirements under other laws (such as the Export Control Act 2020) that must be met to export greyhounds from Australia.

Permission for exportation

             (2)  The Minister or an authorised person may, on application, grant a permission, in writing, for the exportation of greyhounds.

             (3)  However, a permission must not be granted unless the Minister or authorised person is satisfied that:

                     (a)  the greyhound to be exported is a domestic pet; and

                     (b)  the exportation is not for the purposes of breeding, racing or any other commercial purpose.

             (4)  An application:

                     (a)  must be in writing; and

                     (b)  must be lodged with the Minister or an authorised person.

             (5)  The Minister or an authorised person may ask an applicant to give to the Minister or authorised person any information the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.

             (6)  In deciding whether to grant a permission, the Minister or authorised person may take into account any matter that the Minister or authorised person considers relevant.

             (7)  As soon as practicable after making a decision to grant, or not to grant, a permission, the Minister or authorised person must give written notice of the decision to the applicant.

             (8)  A permission granted under subregulation (2):

                     (a)  may specify conditions or requirements to be complied with by the holder of the permission; and

                     (b)  for any such condition or requirement, may specify the time (being a time either before or after the exportation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.

             (9)  The Minister or an authorised person may revoke a permission if the Minister or authorised person is satisfied that the holder has failed to comply with a condition or requirement of the permission.

           (10)  If the Minister or an authorised person decides to revoke a permission, the Minister or authorised person must, as soon as practicable after making the decision, give written notice of the decision to the holder of the permission.

Record keeping

           (11)  Permission granted under subregulation (2) is subject to the following conditions:

                     (a)  for each greyhound exported by an exporter from Australia, the exporter must keep the following records:

                              (i)  the date when the exporter exports the greyhound;

                             (ii)  the age, sex and weight of the greyhound;

                            (iii)  the reason for the export of greyhound;

                            (iv)  the export permit number for the export of greyhound;

                             (v)  the name and address of the person from whom the greyhound is exported;

                            (vi)  the name and address of the person to whom the greyhound is exported;

                     (b)  the exporter must keep the records until the Minister or an authorised person approves the destruction of the records;

                     (c)  the exporter must, if required to do so by the Minister or an authorised person, at any reasonable time of the day, produce the records for examination by, and permit extracts from or copies of the records to be taken by an officer authorised by the Minister or an authorised person.

Review of decisions

           (12)  Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister or of an authorised person:

                     (a)  not to grant a permission; or

                     (b)  to grant a permission subject to a condition or requirement; or

                     (c)  to revoke a permission.

           (13)  Notice of a decision mentioned in subregulation (7) or (10) must include a statement to the effect that:

                     (a)  subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and

                     (b)  a person whose interests are affected by the decision may request a statement under section 28 of that Act.

           (14)  A failure to comply with subregulation (13) does not affect the validity of the decision.

Authorised person

           (15)  The Minister may, in writing, authorise an APS employee in the Department administered by the Minister to give permissions under this regulation.

Definitions

           (16)  In this regulation:

authorised person means a person authorised under subregulation (15).

greyhound includes any reproductive material of a greyhound.

Minister means the Minister administering the Export Control Act 2020.

reproductive material:

                     (a)  means any part of a greyhound from which another greyhound can be produced; and

                     (b)  includes an embryo, an egg or ovum, and semen.

Part 2Corresponding prohibition on commercial importation of greyhounds

Customs (Prohibited Imports) Regulations 1956

2  After regulation 4W

Insert:

4WA  Importation of greyhounds

Prohibition on importation

             (1)  The importation into Australia of greyhounds is prohibited unless:

                     (a)  permission for the importation has been granted under subregulation (2) and is in force; and

                     (b)  the permission is produced to the Collector.

Note:          In addition to a permission under this regulation, there may be other requirements under other laws (such as the Biosecurity Act 2015) that must be met to import greyhounds into Australia.

Permission for importation

             (2)  The Minister or an authorised person may, on application, grant a permission, in writing, for the importation of greyhounds.

             (3)  However, a permission must not be granted unless the Minister or authorised person is satisfied that:

                     (a)  the greyhound to be imported is a domestic pet; and

                     (b)  the importation is not for the purposes of breeding, racing or any other commercial purpose.

             (4)  An application:

                     (a)  must be in writing; and

                     (b)  must be lodged with the Minister or an authorised person.

             (5)  The Minister or an authorised person may ask an applicant to give to the Minister or authorised person any information the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.

             (6)  In deciding whether to grant a permission, the Minister or authorised person may take into account any matter that the Minister or authorised person considers relevant.

             (7)  As soon as practicable after making a decision to grant, or not to grant, a permission, the Minister or authorised person must give written notice of the decision to the applicant.

             (8)  A permission granted under subregulation (2):

                     (a)  may specify conditions or requirements to be complied with by the holder of the permission; and

                     (b)  for any such condition or requirement, may specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.

             (9)  The Minister or an authorised person may revoke a permission if the Minister or authorised person is satisfied that the holder has failed to comply with a condition or requirement of the permission.

           (10)  If the Minister or an authorised person decides to revoke a permission, the Minister or authorised person must, as soon as practicable after making the decision, give written notice of the decision to the holder of the permission.

Review of decisions

           (11)  Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Minister or of an authorised person:

                     (a)  not to grant a permission; or

                     (b)  to grant a permission subject to a condition or requirement; or

                     (c)  to revoke a permission.

           (12)  Notice of a decision mentioned in subregulation (7) or (10) must include a statement to the effect that:

                     (a)  subject to the Administrative Appeals Tribunal Act 1975, a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and

                     (b)  a person whose interests are affected by the decision may request a statement under section 28 of that Act.

           (13)  A failure to comply with subregulation (12) does not affect the validity of the decision.

Authorised person

           (14)  The Minister may, in writing, authorise an APS employee in the Department administered by the Minister to give permissions under this regulation.

Definitions

           (15)  In this regulation:

authorised person means a person authorised under subregulation (14).

greyhound includes any reproductive material of a greyhound.

Minister means the Minister administering the Export Control Act 2020.

reproductive material:

                     (a)  means any part of a greyhound from which another greyhound can be produced; and

                     (b)  includes an embryo, an egg or ovum, and semen.

Part 3Amendments affecting the greyhound prohibitions

3  Amendments etc to regulations that affect greyhound prohibitions

(1)       This item applies to a legislative instrument that:

                     (a)  is made after the commencement of this Schedule; and

                     (b)  amends, modifies or repeals provisions of:

                              (i)  the Customs (Prohibited Exports) Regulations 1958; or

                             (ii)  the Customs (Prohibited Imports) Regulations 1956.

(2)       If, in relation to the prohibition on exportation or importation of greyhounds inserted by this Schedule, the legislative instrument has the effect of:

                     (a)  removing the prohibition; or

                     (b)  otherwise circumventing the prohibition;

then the instrument does not come into effect until it has been approved by resolution of each House of the Parliament.