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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Agriculture,
Fisheries and Forestry Legislation Amendment (Export Control) Bill
2004
No. ,
2004
(Agriculture, Fisheries and
Forestry)
A Bill for an Act to amend the
Australian Meat and Live-stock Industry Act 1997 and the Export
Control Act 1982, and for related purposes
Contents
Part 1—Australian Code for the Export of
Live-stock 3
Australian Meat and Live-stock Industry Act
1997 3
Part 2—Integration of export licence and permit systems
etc. 5
Division 1—Australian Meat and Live-stock Industry Act
1997 5
Division 2—Export Control Act
1982 8
Part 3—Accreditation of veterinarians for purposes of approved
export programs 10
Export Control Act
1982 10
A Bill for an Act to amend the Australian Meat and
Live-stock Industry Act 1997 and the Export Control Act 1982, and for
related purposes
The Parliament of Australia enacts:
This Act may be cited as the Agriculture, Fisheries and Forestry
Legislation Amendment (Export Control) Act 2004.
(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 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
A day or days to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
Part 1—Australian
Code for the Export of Live-stock
Australian Meat and
Live-stock Industry Act 1997
1 After Part 2
Insert:
(1) The Minister may determine, in writing, principles relating to the
export of live-stock from Australia.
(2) The principles must be taken into account by persons exercising powers
and performing functions under this Act.
(3) The principles are to be known as the Australian Code for the
Export of Live-stock.
(4) Without limiting subsection (1), the principles may relate to any
one or more of the following in relation to the export of live-stock from
Australia:
(a) the planning of activities involved in the export;
(b) the source of the live-stock;
(c) the feeding of the live-stock until their arrival at their overseas
destination;
(d) the treatment of the live-stock until their arrival at their overseas
destination;
(e) the transport of the live-stock within Australia;
(f) the assembling of the live-stock before being loaded on to a vessel or
aircraft for export from Australia;
(g) the loading of the live-stock onto a vessel or aircraft for export
from Australia;
(h) the transport of the live-stock from Australia to their overseas
destination;
(i) any other matter relating to any stage in the process from the
planning of the export of the live-stock to their delivery at their overseas
destination.
(5) A determination under this section is a disallowable instrument for
the purposes of section 46A of the Acts Interpretation Act
1901.
Part 2—Integration
of export licence and permit systems etc.
Division 1—Australian
Meat and Live-stock Industry Act 1997
2 Section 3
Insert:
associate of a person (the subject person)
includes a reference to:
(a) a person who is or was a consultant, adviser, partner, representative
on retainer, employer or employee of:
(i) the subject person; or
(ii) any corporation of which the subject person is an officer or employee
or in which the subject person holds shares; and
(b) the spouse or de facto spouse of the subject person;
and
(c) any other person, not mentioned in paragraph (a) or (b), who is
or was:
(i) directly or indirectly concerned in; or
(ii) in a position to control or influence the conduct of;
a business or undertaking of:
(iii) the subject person; or
(iv) a corporation of which the subject person is an officer or employee,
or in which the subject person holds shares; and
(d) a corporation:
(i) of which the subject person, or any of the other persons mentioned in
paragraphs (a), (b) and (c), is an officer or employee; or
(ii) in which the subject person, or any of those other persons, holds
shares.
3 Section 9
Omit “, have regard to any broad policies”, substitute
“in relation to the export of meat from Australia, have regard to any
broad policies in relation to such exports that are”.
4 At the end of section 12
Add:
(3) Without limiting subsection (2), for the purpose of satisfying
himself or herself about the matters referred to in subsection (1) in
relation to an application for a live-stock export licence, the Secretary may
have regard to the extent to which the applicant has complied with any
requirements of or under the Export Control Act 1982, including any
conditions or restrictions:
(a) to which a licence or permission under that Act, to export prescribed
goods that are live-stock, was subject; or
(b) that otherwise relate to the export of prescribed goods that are
live-stock.
5 After paragraph 23(1)(e)
Insert:
; or (ea) if the licence is a licence to export live-stock and the holder
was required to make a declaration of a kind mentioned in subsection 7(3B) of
the Export Control Act 1982 as a condition subject to which a licence or
permission to export under that Act was granted—the holder made any such
declaration falsely; or
6 After subsection 23(1)
Insert:
(1A) Without limiting subsection (2), for the purpose of determining
whether a circumstance mentioned in subsection (1) has occurred in relation
to a live-stock export licence, the Secretary may have regard to the extent to
which the holder has complied with any requirements of or under the Export
Control Act 1982, including any conditions or restrictions:
(a) to which a licence or permission under that Act, to export prescribed
goods that are live-stock, was subject; or
(b) that otherwise relate to the export of prescribed goods that are
live-stock.
7 After subsection 23(2)
Insert:
(2A) If paragraph 25A(2)(b) applies, the Secretary may give a written
notice to the holder of the licence mentioned in that paragraph.
8 Paragraph 23(3)(a)
Omit “state”, substitute “if subsection (1)
applies—state”.
9 After paragraph 23(3)(a)
Insert:
(aa) if subsection (2A) applies—state the grounds on which the
Secretary gives the notice; and
10 Paragraph 24(1)(b)
Omit all the words after “is”, substitute:
satisfied:
(i) if subsection 23(1) applies—of any of the matters mentioned in
subsection 23(1); or
(ii) if subsection 23(2A) applies—that he or she should take action
in relation to the licence under any of paragraphs (c) to (g) of this
subsection.
11 After section 25
Insert:
(1) This section applies if:
(a) the Secretary:
(i) refuses to grant a live-stock export licence to a person; or
(ii) determines that a person’s live-stock export licence not be
renewed; or
(iii) suspends, further suspends or cancels a person’s live-stock
export licence; and
(b) another person is an associate of the person.
(2) If this section applies, the Secretary may do either or both of the
following, on any one or more occasions:
(a) if the other person is or becomes an applicant for the grant of a
live-stock export licence—refuse to grant the licence;
(b) if the other person is or becomes the holder of a live-stock export
licence—give a written notice under subsection 23(2A) to the other
person.
(3) To avoid doubt, the Secretary may do as mentioned in
subsection (2) whether or not the other person is still an associate at the
time the Secretary does so.
12 Application
(1) Subsection 25A(1) of the Australian Meat and Live-stock Industry Act
1997 as amended by this Part applies whether the requirements of that
subsection were satisfied before, or are satisfied at or after, the commencement
of this Part.
(2) However, this does not mean that the Secretary may exercise his or her
power under subsection 25A(2) of that Act as so amended with effect from a time
before the commencement of this Part.
(3) In determining, for the purposes of the application of section 25A
of that Act as so amended, whether a person is an associate of another person at
a time after the commencement of this Part, anything done before the
commencement of this Part may be taken into account.
Division 2—Export
Control Act 1982
13 Section 3 (definition of
order)
After “Minister”, insert “or Secretary”.
14 After subsection 7(3A)
Insert:
(3B) If live-stock within the meaning of the Australian Meat and
Live-stock Industry Act 1997 are prescribed goods, then, without limiting
the generality of subparagraph (3)(b)(ii), conditions imposed under that
subparagraph may include a condition that the person exporting the live-stock
has, in accordance with the regulations, made the declaration mentioned in
subsection (3C).
(3C) The declaration is that the person has complied with:
(a) any conditions to which a live-stock export licence under the
Australian Meat and Live-stock Industry Act 1997 was subject;
and
(b) any requirements under that Act that otherwise relate to the export of
live-stock.
15 At the end of section 7
Add:
(5) Without limiting the generality of subparagraphs (3)(b)(ii),
(iii) and (iv), if live-stock within the meaning of the Australian Meat and
Live-stock Industry Act 1997 are prescribed goods, the regulations may
provide that, in relation to the grant, surrender, revocation or suspension of
licences and permissions to export such prescribed goods, consideration may be
given to the extent to which the applicant or the holder has complied
with:
(a) any conditions to which a live-stock export licence under the
Australian Meat and Live-stock Industry Act 1997 was subject;
and
(b) any requirements under that Act that otherwise relate to the export of
live-stock.
16 At the end of subsection
25(2)
Add:
(h) subject to subsection (3), empowering the Secretary to make
orders, not inconsistent with:
(i) the regulations; or
(ii) any order of a kind mentioned in paragraph (g) made by the
Minister;
with respect to any matter, concerning prescribed goods that are animals,
for or in relation to which provision may be made by the
regulations.
Part 3—Accreditation
of veterinarians for purposes of approved export programs
17 Section 3
Insert:
accredited veterinarian has the meaning given by subsection
9B(2).
18 Section 3
Insert:
approved export program has the meaning given by subsection
9A(2).
19 Section 3
Insert:
eligible animal reproductive material means prescribed goods
consisting of animal reproductive material.
20 Section 3
Insert:
eligible live animals means prescribed goods consisting of
live animals.
21 Section 3
Insert:
export activities, in relation to eligible live animals or
eligible animal reproductive material, means:
(a) the preparation of the eligible live animals, or the eligible animal
reproductive material, for export and while being transported to their overseas
destination; and
(b) any other activity involving the eligible live animals, or the
eligible animal reproductive material, occurring at any stage in the export
process, from the planning of the export until the delivery of the eligible live
animals or the eligible animal reproductive material at their overseas
destination.
22 After Part II
Insert:
(1) The regulations may provide for the preparation, implementation,
variation, suspension and cancellation of approved export programs (see
subsection (2)).
(2) An approved export program is a program of
activities to be undertaken by an accredited veterinarian, or an authorised
officer, for the purpose of ensuring the health and welfare of eligible live
animals, or the health and condition of eligible animal reproductive material,
in the course of export activities.
(3) Without limiting subsection (2), the activities to be undertaken
may take place within or outside Australia and may include:
(a) monitoring the health and welfare of the eligible live animals or the
health and condition of the eligible animal reproductive material; and
(b) examining, testing or treating the eligible live animals or eligible
animal reproductive material; and
(c) keeping records of the implementation of the program; and
(d) making declarations attesting to the completion of the requirements of
the program; and
(e) otherwise reporting on the implementation of the program.
(4) Without limiting subsection (1), the regulations may
provide:
(a) that the programs of activities may differ depending on any of the
following:
(i) the country to which the eligible live animals or eligible animal
reproductive material are to be exported;
(ii) the type of eligible live animals or eligible animal reproductive
material involved;
(iii) any other matter; and
(b) for the giving of directions to an exporter in relation to the
implementation of an approved export program in relation to the export, or a
particular export, of eligible live animals or eligible animal reproductive
material; and
(c) for the publishing by the Secretary of records and reports made by
accredited veterinarians and authorised officers in relation to approved export
programs.
(1) The regulations may provide for the accreditation of veterinarians for
the purposes of undertaking approved export programs or particular approved
export programs.
(2) The regulations may provide for the variation, suspension or
revocation of the accreditation of veterinarians who have been accredited
(accredited veterinarians) in accordance with the
regulations.
(3) The regulations may provide for the payment by veterinarians of fees
for the making of applications for accreditation.
The regulations may provide for the payment by an exporter of the
reasonable costs (including salary, transport and accommodation costs) of
activities undertaken within or outside Australia by an authorised officer under
section 9D or 9E in relation to an approved export program that applies to
the export activities of the exporter.
(1) The Secretary may direct an authorised officer to undertake some or
all of the activities in an approved export program, whether or not an
authorised officer is required in accordance with the program itself to
undertake the activities.
(2) If the Secretary gives such a direction, he or she must, in writing,
notify the exporter to whose export activities the approved export program
relates.
(1) The Secretary may direct an authorised officer to monitor, review or
audit, whether within or outside Australia:
(a) the undertaking by accredited veterinarians of the activities in
approved export programs; and
(b) the activities of exporters in relation to approved export
programs.
(2) If:
(a) the Secretary gives a direction to an authorised officer under
subsection (1); and
(b) the authorised officer identifies a deficiency in the undertaking by
an accredited veterinarian of the activities in an approved export
program;
the authorised officer may, in writing, direct the accredited veterinarian
to remedy the deficiency within such reasonable time as is specified in the
direction.
(3) The direction by the authorised officer must:
(a) identify the deficiency; and
(b) state that a failure to remedy the deficiency within the specified
time is an offence under section 9H.
(1) If:
(a) a veterinarian undertakes any activity in an approved export program;
and
(b) the veterinarian is reckless as to whether the activity is in such a
program; and
(c) the veterinarian is not:
(i) an accredited veterinarian; or
(ii) an authorised officer who has been directed under section 9D to
undertake the activity;
the veterinarian commits an offence.
Penalty: 50 penalty units.
(2) Strict liability applies to paragraphs (1)(a) and (c).
Note: For strict liability see
section 6.1 of the Criminal Code.
(1) If:
(a) under the regulations, an accredited veterinarian is required to keep
records or provide reports in connection with an approved export program;
and
(b) the accredited veterinarian contravenes the requirement;
the accredited veterinarian commits an offence.
Penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict
liability.
(1) If:
(a) there is a deficiency in the undertaking by an accredited veterinarian
of the activities in an approved export program; and
(b) under subsection 9E(2), an authorised officer directs the accredited
veterinarian to remedy the deficiency; and
(c) the accredited veterinarian does not remedy the deficiency within the
time specified in the direction;
the accredited veterinarian commits an offence.
Penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict
liability.
If:
(a) a person undertakes export activities; and
(b) the person is reckless as to whether an approved export program
applies to the export activities; and
(c) the person does not ensure that, at all times when the program
applies, an accredited veterinarian is engaged to undertake the activities in
the program, other than those that an authorised officer is required to
undertake in accordance with:
(i) the program; or
(ii) a direction under section 9D;
the person commits an offence.
Penalty: Imprisonment for 12 months.
(1) If:
(a) under the regulations, a person is required to allow an accredited
veterinarian or an authorised officer to accompany eligible live animals during
their transport from Australia to their overseas destination in connection with
an approved export program; and
(b) the person contravenes the requirement;
the person commits an offence.
Penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict
liability.
Note: For strict liability see
section 6.1 of the Criminal Code.
(1) A person must not obstruct or hinder an accredited veterinarian, or an
authorised officer, in the undertaking of any of the activities in an approved
export program.
Penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict
liability.
(1) If:
(a) an accredited veterinarian is engaged to undertake some or all of the
activities in an approved export program in relation to export activities of a
person; or
(b) under section 9D, the Secretary directs an authorised officer to
undertake some or all of the activities in an approved export program in
relation to export activities of a person;
the person must provide the accredited veterinarian or authorised officer
with all reasonable facilities, and assistance, necessary to undertake the
activities.
Penalty: 50 penalty units.
(2) An offence against subsection (1) is an offence of strict
liability.
Section 15.2 of the Criminal Code (extended geographical
jurisdiction—category B) applies to an offence against any of
sections 9F to 9L.
23 Subsection 10A(1)
After “complied with”, insert “, or for the purpose of
complying with a direction under subsection 9E(1)”.
24 Subsection 10B(2)
After “complied with”, insert “, or for the purpose of
complying with a direction under subsection 9E(1)”.