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2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
ANIMAL EXPORT LEGISLATION AMENDMENT (ENDING LONG-HAUL LIVE SHEEP
EXPORTS) BILL 2018
EXPLANATORY MEMORANDUM
(Circulated by authority of Senators Rhiannon, Hinch and Storer)
ANIMAL EXPORT LEGISLATION AMENDMENT (ENDING LONG HAUL LIVE
SHEEP EXPORTS) BILL 2018
OUTLINE
The Animal Export Legislation Amendment (Ending Long-haul Live Sheep Exports) Bill 2018
amends the Export Control Act 1982, the Australian Meat and Live-stock Industry Act 1997 and the
Export Control Act 2018.
The Bill introduces provisions which will restrict the long haul export of live sheep and lambs
during the northern hemisphere summer months of July, August or September in a five year
transitional period, or at any time after that period, where the voyage is by ship and of duration
exceeding ten days, and where a place in that voyage, regardless of whether that place is the final
destination, is either the Persian Gulf or the Red Sea.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1 Short title
1. This clause is a formal provision and specifies the short title of the Bill as the Animal Export
Legislation Amendment (Ending Long-haul Live Sheep Exports) Bill 2018
Clause 2: Commencement
2. This clause provides for the commencement of the main amendments on the later of
a. 1 October 2018; and
b. The day after this Act receives the Royal Assent.
It also provides for the commencement of the amendments that are contingent on the
commencement of the Export Control Act 2018 to commence on the later of the commencement
of schedule 1 and the commencement of that Act.
Clause 3: Schedules
3. This clause establishes that, as the intent of the Bill is to be realised through amendments
to other Acts, the Schedules of this Bill will amend those Acts accordingly.
SCHEDULE 1 - Main Amendments
Australian Meat and Live-stock Industry Act 1997
Item 1: After section 16
4. Item 1 inserts section 16A into the Act, which specifies that an export license is subject to
additional conditions if the voyage is by ship, and is to the Persian Gulf or Red Sea, and its cargo
is either live sheep or lambs, and it takes place during the months of July, August, or September in
the transitional period or at any time after that period, and is of 10 or more days in duration. It also
inserts a requirement that the voyage must be conducted in accordance with The OIE Terrestrial
Animal Health Code (Transport of animals by sea).
5. The transitional period is the period of 5 years, starting on the day Schedule 1 of the Act
commences.
Item 2: Paragraphs 17(1)(a) and (b), and Item 3: At the end of subsection 18(4)
6. Items 2 and 3 make consequential amendments to ensure that orders and directions under
sections 17 and 18 of the Act cannot be inconsistent with the new condition in section 16A.
Items 5 to 7: After subsection 23(2), Paragraph 23(3)(a) and After subparagraph 24(1)(b)(i)
7. Item 5 inserts subsection 2AA after subsection 23(2) of the Act and specifies that, if the
Secretary of the Department has reasonable grounds for believing that the holder of a live-stock
export licence has contravened a condition in section 16A, the Secretary must give a written notice
to the holder (of the export licence).
8. Items 6 and 7 make amendments consequential to item 5.
Export Control Act 1982
Item 8: After section 7
9. Item 8 inserts section 7AA into the Act, providing regulations are taken to prohibit long
haul export (being a journey in excess of 10 days duration) of live sheep and lambs by ship to the
Persian Gulf or Red Sea, regardless of whether that place is the intended final destination. The
regulations contain the following conditions and restrictions:
10. New subsection 7AA (1) provides that the regulations are taken to declare that live-stock,
being sheep or lambs, are prescribed goods for the purposes of this Act.
11. New subsection 7AA (2) provides that regulations made for the purposes of subsection
7(1) prohibit the export of live sheep or lambs, by ship, to any place in the Persian Gulf or the Red
Sea, or to any other place if the route of the ship to that place is through the Persian Gulf or the
Red Sea. This applies whether or not that place is the intended final overseas destination for the
sheep or lambs.
12. The prohibition does not apply if the condition in subsection 7AA(3) is complied with; and
if the export is conducted in accordance with Chapter 7.2 (Transport of animals) of the OIE
Terrestrial Animal Health Code as in force at the commencement of this section; and if any other
conditions or restrictions prescribed for the purposes of section 7 applicable to the sheep or lambs
are complied with to the extent those other conditions or restrictions are not inconsistent with
subsection (3) of this section.
13. New subsection 7AA(3) provides the condition that if the sheep or lambs are exported
before the end of the transitional period but not during any part of the northern hemisphere
summer months of July, August or September; and if the duration of that voyage is less than 10
days, then the prohibition in subsection 7AA(2) does not apply.
Definitions
14. New subsection 7AA(4) provides that the world live-stock has the same meaning as in the
Australian Meat and Live-stock Industry Act 1997. It also provides that transitional period means
the period of 5 years starting on the day Schedule 1 to the Live Sheep Long Haul Export
Prohibition Act 2018 commences.
Item 9: Application of amendments
15. Item 9 details when Schedule 1 amendments take effect. Subsection 9(1) determines that
the amendments to the Australian Meat and Live-stock Industry Act 1997 made by Schedule 1 to
the Bill apply in relation to a live-stock export licence that is in force on or after the
commencement of Schedule 1, whether the licence was granted before, on or after that
commencement.
16. Subsection 9(2) determines that the amendment of the Export Control Act 1982 made by
Schedule 1 to the Bill applies in relation to an act or omission occurring on or after the
commencement of Schedule 1.
SCHEDULE 2 - Contingent Amendments
Export Control Act 2018
17. Schedule 2 provides contingent amendments to the Export Control Act 2018. This ensures
the provisions of the Animal Export Legislation Amendment (Ending Long-haul Live Sheep
Exports) Act 2018 listed in Schedule 1 also apply to that Act should it come into effect.
Item 1: At the end of Division 3 of Part 1 of Chapter 2
18. Item 1 inserts new section 29A at the end of Division 3 of Part 1 of Chapter 2.
19. New section 29A determines the rules taken to prohibit long haul export of live sheep and
lambs by vessel to the Persian Gulf or Red Sea subject to the following conditions:
Live sheep and lambs are taken to be prescribed goods
20. New subsection 29A(1) provides that Rules made for the purposes of subsection 28(1) are
taken to prescribe live sheep and live lambs.
Prohibition on export to Persian Gulf or Red Sea subject to conditions
21. New subsection 29A(2) provides that rules made for the purposes of subsection 29(1), are
taken on and after the commencement of this section, to prohibit the export of live sheep or live
lambs from Australian territory, by vessel, to a place in the Persian Gulf or the Red Sea, or to any
other place if the route to that place is through the Persian Gulf or the Red Sea. This is applicable
whether or not that final place is the intended final destination for the sheep or lambs.
The prohibition does not apply if the condition in subsection 29A(3) is complied with; and if the
export is conducted in accordance with Chapter 7.2 (Transport of animals) of the OIE Terrestrial
Animal Health Code as in force at the commencement of this section; and if any other prescribed
export conditions applicable to the sheep or lambs are complied with to the extent those other
conditions or restrictions are not inconsistent with subsection (3) of this section.
22. New subsection 29A(3) provides the condition that if the sheep or lambs are exported
before the end of the transitional period but not during any part of the northern hemisphere
summer months of July, August or September; and if the duration of that voyage is less than 10
days, then the prohibition in subsection 29A(2) does not apply.
23. New subsection 29A(4) determines that Subsection (3) is a prescribed export condition for
the purposes of this Act.
Meaning of transitional period
24. New subsection 29A(5) determines that in this section transitional period means the
period starting at the commencement of section; and ending at the end of the period of 5 years
starting on the day Schedule 1 to the Animal Export Legislation Amendment (Ending Long-haul
Live Sheep Exports) Act 2018 commences.
Item 2: Application of amendments
25. Item 2 determines that the amendment of the Export Control Act 2018 made by this
schedule applies in relation to an act or omission occurring on or after the commencement of this
item.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Animal Export Legislation Amendment (Ending Long-haul Live Sheep Exports) Bill 2018
This bill is compatible with the human rights and freedoms recognised or declared in the international
instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
OUTLINE
The Animal Export Legislation Amendment (Ending Long haul Live Sheep Exports) Bill 2018 amends
the Export Control Act 1982 and the Australian Meat and Live-stock Industry Act 1997 to prohibit
the export of live sheep or live lambs by sea if a place in that voyage is either in, or the route is
through, the Persian Gulf or the Red Sea. This is regardless of the time of year. The full prohibition
will commence on the day immediately after the transitional period of five years.
The transitional period begins the day after this Act receives Royal Assent or 1 October 2018,
whichever occurs later.
The Bill also provides that during the transitional period, an export sea voyage carrying live sheep or
live lambs may not occur during the northern hemisphere summer months of July, August or
September if a place in that voyage is either in, or the route is through, the Persian Gulf or the Red
Sea and the voyage is ten or more days in duration.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms, including the human right to work
or rights in work. This bill promotes Australian employment in the domestic livestock processing
industry and associated supply chains.
Numerous economic reports note: that a very small percentage of Australian sheep livestock
producers sell into the live export trade, which produces a small percentage of the income streams for
the large majority of those producers; that domestically processed animals are of greater value to the
Australian economy, as is the maintenance and creation of domestic employment along the supply
chain; that international market factors beyond Australia's control present a constant threat to the
sustainability of the live export industry; and that the live export trade is in direct competition with
the domestic meat processing industry, in that the closure of domestic processors and the loss of local
employment has been directly attributable to the growth of the live export trade.
It is also noted that the chilled sheep meat trade is consistently worth 11 times more in Australian
trade income than live sheep exports, and that the demand for Australian boxed and chilled lamb and
sheep meat, including Halal certified meat, is growing and replacing demand for live exports in
importing countries.
It is also noted that domestic on farm jobs and supply chains such as stockmen, transport and feedlots
are similarly required for domestically processed animals prior to entering the chilled meat
processing chain where more employment is created.
This bill fulfils humanity's responsibility to protect and defend the rights of animals to live a life free
of cruelty and suffering caused by human use of those animals. It also meets a responsibility to
minimise as far as possible the physical and emotional health risks for those workers on live export
ships who must deal with the level of suffering and dying animals under their care.
Conclusion
This bill is compatible with human rights because it does not raise any human rights issues.
Senator Rhiannon
Senator Hinch
Senator Storer