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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
INSPECTOR-GENERAL OF LIVE ANIMAL EXPORTS AMENDMENT (ANIMAL
WELFARE) BILL 2023
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Agriculture, Fisheries and Forestry, Senator the
Hon. Murray Watt)
INSPECTOR-GENERAL OF LIVE ANIMAL EXPORTS AMENDMENT (ANIMAL
WELFARE) BILL 2023
GENERAL OUTLINE
The Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023
(the Bill) would amend the Inspector-General of Live Animal Exports Act 2019 (the Act) by
expanding the existing office of the Inspector-General of Live Animal Exports to provide an
enhanced focus on animal welfare.
Animal welfare is important to the Australian community, which expects robust oversight,
accountability and transparency of animal welfare in livestock exports. Expanding the office
of the Inspector-General of Live Animal Exports will support this and deliver the Australian
Government's commitment to strengthening animal welfare.
Proposed amendments in the Bill include:
• expanding the current office of the Inspector-General for Live Animal Exports to
provide an enhanced focus on animal welfare and to rename it as the 'Inspector-General
of Animal Welfare and Live Animal Exports' (the Inspector-General);
• expanding the objects in the Act to enable monitoring, investigation and reporting on
the implementation of animal welfare and live animal exports legislation and standards
in relation to livestock exports;
• promoting improvements in the development of the Australian Standards for the
Export of Livestock (ASEL);
• expanding the functions of the Inspector-General's office to provide that the
Inspector-General may review the effectiveness of Commonwealth administrative
systems, and the effectiveness of Commonwealth reporting, relating to animal welfare
and livestock exports;
• providing that the office of the Inspector-General is independent and has complete
discretion in the performance of its functions and the exercise of its powers, and is not
subject to direction by any person other than as provided for in the Act;
• requiring the Inspector-General to undertake a particular review if the Minister directs
it in writing;
• providing that the Inspector-General may (but is not obliged to) conduct a particular
review if requested by a Minister (other than the Minister who administers the Act)
who administers a law relating to livestock exports or the Secretary of the Department
of Agriculture, Forestry and Fisheries (Agriculture Department);
• clarifying administrative arrangements such as publication of an annual work plan,
persons assisting the Inspector-General and the engagement of consultants;
• minor consequential amendments to the National Anti-Corruption Commission
Act 2022 to reflect the renaming of the title of the Inspector-General.
FINANCIAL IMPACT STATEMENT
The Australian Government is providing $4 million over four years from 2022-2023 to
support the expanded functions of the Inspector-General. This formed part of the
October 2022 budget.
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STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
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.
The full statement of compatibility with human rights is attached to this explanatory
memorandum (Attachment A).
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INSPECTOR-GENERAL OF LIVE ANIMAL EXPORTS AMENDMENT (ANIMAL
WELFARE) BILL 2023
NOTES ON CLAUSES
Clause 1 Short Title
1. Clause 1 would provide for the short title of the proposed Act to be the
Inspector-General of Live Animal Exports Amendment (Animal Welfare) Act 2023.
Clause 2 Commencement
2. Clause 2 would provide for the commencement of each provision of the proposed Act.
3. Subclause 2(1) would provide that each provision of the proposed 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.
4. Item 1 in the table at subclause 2(1) would provide that the whole of the Act will
commence the day after the proposed Act receives the Royal Assent.
5. The note after the table at subclause 2(1) would provide that the table relates only to the
provisions of the proposed Act as originally enacted. It will not be amended to deal
with any later amendments of the proposed Act.
6. Subclause 2(2) would provide that any information in column 3 of the table is not part
of the proposed Act. Information may be inserted in column 3 of the table, or
information in it may be edited, in any published version of the proposed Act.
Clause 3 Schedules
7. Clause 3 would provide that legislation that is specified in a Schedule to the proposed
Act is amended or repealed as set out in the applicable items of the Schedule
concerned, and any other item in a Schedule has effect according to its terms.
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SCHEDULE 1--AMENDMENTS
Background
8. The Bill aims to increase oversight, accountability and transparency for animal welfare
in exported livestock, by expanding the current office of the Inspector-General of Live
Animal Exports to include additional animal welfare related objectives and functions.
9. The current functions of the Inspector-General would be expanded to include
conducting reviews into the effectiveness of Commonwealth systems for the
administration of livestock exports under animal welfare and live animal export
legislation, including the effectiveness of the Australian Standards for the Export of
Livestock (ASEL).
10. To reflect the expanded functions of the Inspector-General, the office would be
renamed the 'Inspector-General of Animal Welfare and Live Animal Exports' (the
Inspector-General).
11. The Bill would also insert additional animal welfare related objects into the Act. Those
additional objects would enable monitoring, investigation and reporting on
implementation by the Australian Government of animal welfare and live animal export
legislation and standards, as well as outcomes of such implementation. The aim of such
monitoring, investigation and reporting includes to increase accountability for and
transparency of compliance with relevant legislation and standards, and to increase
accountability for those outcomes.
Part 1--Main amendments
Inspector-General of Live Animal Exports Act 2019
Item 1 Title
12. The current long title of the Act is "An Act to provide for the appointment of an
Inspector-General of Live Animal Exports, and for related purposes".
13. Item 1 would omit the words "Inspector-General of Live Animal Exports" and
substitute them with "Inspector-General of Animal Welfare and Live Animal Exports".
14. The amendment to the long title of the Act would reflect the updated name of the office
of the Inspector-General. This would align with the expansion of the current office of
the Inspector-General of Live Animal Exports to include additional animal welfare
related functions, which would be implemented by other proposed amendments in this
Bill.
Item 2 Section 1
15. Section 1 of the Act provides for the short title of the Act, which is currently the
Inspector-General of Live Animal Exports Act 2019.
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16. Item 2 would omit the words "Inspector-General of Live Animal Exports" from
section 1 and substitute the words "Inspector-General of Animal Welfare and Live
Animal Exports".
17. The amendment to the short title of the Act would reflect the updated name of the
Inspector-General. This would align with the expansion of the current office of the
Inspector-General of Live Animal Exports to include additional animal welfare related
functions and expertise, which would be affected by other proposed amendments in this
Bill.
18. Item 2 would also insert a note under section 1.
19. The note provides that item 1 amends the short title of the Act. If another amendment of
the Act is described by reference to the Act's previous short title, that other amendment
has effect after the commencement of this item as an amendment of the Act under its
amended short title (see section 10 of the Acts Interpretation Act 1901 (Acts
Interpretation Act)).
20. The note under section 1 is intended to assist the reader by setting out the effect of
section 10 of the Acts Interpretation Act and referring the reader to that provision.
Item 3 Sections 3 and 4
21. Section 3 provides for the objects of the Act. Section 4 provides for the simplified
outline of the Act.
22. Item 3 would repeal current sections 3 and 4 and substitute new sections 3 and 4.
23. New subsection 3(1) would provide that the objects of the Act are as follows:
(a) to enable monitoring, investigation and reporting on the implementation, by the
Commonwealth Government, of the animal welfare and live animal export
legislation and standards in relation to the export of livestock, and the outcomes of
such implementation, and, in doing so:
i. to increase accountability for, and the transparency of, compliance with
such legislation and standards; and
ii. to increase accountability for those outcomes.
(b) to promote continual improvements in the regulatory practice, performance and
culture of the Agriculture Department in its role as the regulator of Australia's
livestock exports, including improvements in the development of the ASEL;
(c) to provide an additional layer of accountability and assurance over the regulation
of Australia's livestock exports;
(d) to ensure that livestock export officials, in performing functions and exercising
powers, consider the welfare of animals in Australia's livestock exports.
24. Paragraph 3(1)(a) would provide a new object of the Act. This new object makes clear
that the Act is intended to enable monitoring, investigation and reporting on the
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implementation, by the Australian Government, of animal welfare and live animal
export legislation and standards in relation to the export of livestock.
25. This object also includes monitoring, investigating and reporting on the outcomes of
such implementation, with the aim of increasing accountability for, and transparency
of, compliance with relevant legislation and standards, as well as to increase
accountability for those outcomes.
26. Paragraph 3(1)(b) would expand on the existing object provided by current
paragraph 3(1)(a), which provides that an object of the Act is to promote continual
improvements in the regulatory practice, performance and culture of the Agriculture
Department in its role as the regulator of Australia's live-stock exports. New
paragraph 3(1)(b) would expand on that object to include promoting improvements in
the development of the ASEL.
27. The ASEL (as the term would be defined by section 5 of the Act as amended by item 4)
is the document titled Australian Standards for the Export of Livestock published by the
Agriculture Department, as it exists from time to time. It sets the standards for the
conduct of the livestock export trade, as required by the Australian Government. It
covers the sourcing, preparation, transport and onboard management of exported
livestock. Exporters must comply with the ASEL in order to be permitted to export
livestock.
28. As the ASEL is a critical part of Australia's regulatory system for the welfare of
exported livestock, new paragraph 3(1)(b) would provide independent oversight over
the development of the ASEL and as such, ensure that improvements to the ASEL are
promoted.
29. New paragraph 3(1)(c) is intended to capture current paragraph 3(b) of the Act, which
provides that an object of the Act includes providing an additional layer of
accountability and assurance over the regulation of Australia's livestock exports.
30. New paragraph 3(1)(d) is intended to capture current paragraph 3(c) of the Act, which
provides that an object of the Act includes ensuring that livestock export officials, in
performing functions and exercising powers, consider the welfare of animals in
Australia's live-stock exports.
31. With the exception of using "livestock" instead of "live-stock", new paragraphs 3(1)(c)
and (d) are identical to existing paragraphs 3(b) and (c) of the Act. For the use of
"livestock" as the preferred term, see the explanation in the paragraphs below
addressing the amendments set out in items 20-23 of Part 2 of Schedule 1 to the Bill
which are equally applicable here.
32. New subsection 3(2) would provide that the objects mentioned in new subsection 3(1)
are to be achieved with a view to ensuring that the animal welfare and live animal
export legislation and standards in relation to the export of livestock are complied with.
This subsection would emphasise ensuring compliance with the relevant legislation and
standards as a crucial aspect of achieving the objects under subsection 3(1).
33. New section 4 would provide for the simplified outline of the Act:
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"The Inspector-General of Animal Welfare and Live Animal Exports has the role
of monitoring, investigating and reporting on the implementation, by the
Commonwealth Government, of the animal welfare and live animal export
legislation and standards in relation to the export of livestock, and the outcomes
of such implementation.
This Act establishes the office of the Inspector-General, sets out the
Inspector-General's functions and powers and deals with other matters relating to
the role of the Inspector-General (including administrative matters and the
management of information obtained under this Act).
The Inspector-General is independent from other persons and entities with
responsibilities under the animal welfare and live animal exports legislation and
standards. This supports the Inspector-General's effective, impartial and
transparent review of the way in which those persons and entities exercise such
responsibilities.
The main function of the Inspector-General is to review the conduct of
government livestock export officials in relation to the export of livestock.
The Inspector-General may also review the effectiveness of Commonwealth
administrative systems, and the effectiveness of Commonwealth reporting,
relating to animal welfare and livestock exports.
The Inspector-General is required to report any misconduct by a livestock export
official, and to publish the following:
(a) a report on each review;
(b) a work plan for each financial year;
(c) an annual report."
34. The proposed simplified outline of the Act is intended to provide a general overview to
assist readers in understanding the substantive provisions of the Act. Item 3 would
ensure that the simplified outline of the Act reflects proposed amendments in relation to
the Inspector-General's expanded functions in relation to animal welfare in exported
livestock, as well as additional objects of the Act. The simplified outline would also
provide a general overview of substantive provisions of the Act which are unaffected
by the amendments proposed by the Bill.
35. Current section 4 provides for the simplified outline of the Act, including that the Act
establishes the office of the Inspector-General of Live Animal Exports, sets out its
current functions and powers and deals with other matters relating to the office
(including administrative matters and the management of information obtained under
this Act). This text is proposed to be retained in the new proposed outline, with an
amendment to the name of the Inspector-General, to ensure the reference is correct
under the Act as proposed to be amended by this Bill.
36. Current section 4 also provides that the main function of the Inspector-General is to
review the conduct of certain kinds of government officials (called livestock export
officials) in relation to the export of live-stock, and to publish a report on each review.
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The substance of this text is proposed to be retained in the new section 4, with further
explanation in relation to reports, which would provide that the Inspector-General is
required to report any misconduct of livestock export officials (in line with current
section 37 of the Act), and to publish a report on each review, a work plan for each
financial year, and an annual report. The reference to the work plan is in relation to
proposed new Division 4 of Part 2, inserted by item 14 of this Bill.
37. The new proposed outline would highlight the independence of the Inspector-General
from other persons and entities with responsibilities under the animal welfare and live
animal exports legislation and standards (in line with proposed new section 10B as
inserted by item 13 of this Bill).
Item 4 Section 5
38. Section 5 provides definitions for the Act.
39. Item 4 would insert a new definition for the term "animal welfare and live animal
export legislation and standards", which means the following:
(a) the Export Control Act 2020;
(b) any instrument made under that Act;
(c) the ASEL.
40. The new definition of "animal welfare and live animal export legislation and standards"
would provide clarity for the meaning of the term, which is a new term being
introduced to the Act by the proposed amendments.
41. Item 4 would also insert a new definition for the term "ASEL", which means the
document titled Australian Standards for the Export of Livestock published by the
Agriculture Department, as it exists from time to time.
42. The new definition of "ASEL" is proposed to be inserted as it is a term introduced to
the Act by the proposed amendments.
43. Item 4 would also insert a note below the definition of "ASEL". The note would
provide that the Australian Standards for the Export of Livestock (version 3.2) could
in 2023 be viewed on the Agriculture Department's website (www.agriculture.gov.au).
44. The note is intended to assist readers and improve legislative clarity by directing them
to where the ASEL could, at the time of the Bill being introduced, be accessed.
Item 5 Part 2
45. Item 5 would repeal the heading for Part 2 of the Act, which is currently "Part 2--
Establishment and functions and powers of the Inspector-General of Live Animal
Exports" and substitute it with a new heading "Part 2--Inspector-General of Animal
Welfare and Live Animal Exports" and a new subheading "Division 1--Simplified
Outline" immediately below the new heading.
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46. The proposed amendment to the heading would be consequential to the proposed
renaming of the office of the 'Inspector-General of Live Animal Exports' to the
'Inspector-General of Animal Welfare and Live Animal Exports', which reflects the
expansion of the office to include animal welfare related matters in relation to live
animal exports.
47. The proposed new subheading is intended to improve the manner in which the Act is
set out and provide greater structure to the Act as proposed to be amended. It would
provide a sign-post to the reader for the simplified outline for Part 2 of the Act.
Item 6 Section 8
48. Item 6 would repeal section 8 in its entirety and substitute it with a new section 8, and
include a new subheading in Part 2 of the Act, being "Division 2--Inspector-General of
Animal Welfare and Live Animal Exports: establishment, functions and powers".
49. New section 8 would provide for a simplified outline of Part 2 of the Act, as follows:
"This Part establishes an independent office of the Inspector-General of Animal
Welfare and Live Animal Exports, and sets out the Inspector-General's functions
and powers.
The functions of the Inspector-General are to conduct reviews of the effectiveness
of the following:
(a) the activities of livestock export officials under the animal welfare and live
animal export legislation and standards;
(b) Commonwealth systems for the administration of livestock exports under such
legislation and standards;
(c) the ASEL, as part of such systems;
(d) Commonwealth reporting relating to various matters relating to animal welfare
and livestock exports.
Reviews may be initiated by the Inspector-General or directed by the Minister.
They may also be conducted at the request of the Secretary, or another relevant
Minister.
The Inspector-General may require the production of information or documents
relevant to any review, and must publish a report on each review.
The Inspector-General must also prepare an annual work plan for each financial
year, in consultation with the Minister and other persons and annual work plans
(and variations) must be published on the Inspector-General's website."
50. The simplified outline in current section 8 explains that the Inspector-General may
conduct reviews of the performance of functions, or exercise of powers, by certain
kinds of government officials (called livestock export officials) in relation to the export
of livestock. This text is proposed to be expanded upon in the new outline, to reflect
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expanded functions and powers of the Inspector-General in line with proposed
amendments of this Bill.
51. New section 8 would reflect the proposed renaming of the 'Inspector-General of Live
Animal Exports' to the 'Inspector-General of Animal Welfare and Live Animal
Exports'.
52. It would also align the simplified outline of Part 2 of the Act with the expanded
functions of the Inspector-General, by providing that in addition to conducting reviews
of the effectiveness of the activities of livestock export officials, the role also includes
the functions of conducting reviews of the effectiveness of Commonwealth systems for
the administration of livestock exports under live animal export legislation and
standards, including the ASEL, as well as other various matters in relation to animal
welfare and livestock exports.
53. The new simplified outline would also reflect other administrative provisions proposed
to be inserted by the Bill, such as that reviews may be initiated by the
Inspector-General or directed by the Minister, and the Inspector-General must prepare
an annual work plan to be published. It also would reflect the existing provisions in
relation to the production of information or documents relevant to any review, and the
requirement for a report to be published on each review.
54. New section 8 is intended to assist readers in understanding the substantive provisions
under Part 2 of the Act as proposed to be amended, in particular in relation to the
Inspector-General's proposed expanded functions under the Act.
55. The proposed new subheading for Division 2 of Part 2 of the Act (being "Division 2--
Inspector-General of Animal Welfare and Live Animal Exports: establishment,
functions and powers") is intended to improve the manner in which the Act is set out
and provide greater structure to the Act as proposed to be amended. It would provide a
signpost to the reader for the Inspector-General's establishment, functions and powers
under Part 2 of the Act.
Item 7 Section 9 (heading)
56. The heading of section 9 is currently "9 Inspector-General of Live Animal Exports".
57. Item 7 would repeal the heading to section 9 and substitute it with
"9 Inspector-General of Animal Welfare and Live Animal Exports".
58. This amendment would be consequential to the renaming of the office of the
'Inspector-General of Live Animal Exports' to the 'Inspector-General of Animal
Welfare and Live Animal Exports'.
Item 8 Section 9
59. Section 9 currently provides that there is to be an Inspector-General of Live Animal
Exports.
60. Item 9 would omit the words "Inspector-General of Live Animal Exports" and
substitute them with "Inspector-General of Animal Welfare and Live Animal Exports".
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61. This amendment would be consequential to the renaming of the office of the
'Inspector-General of Live Animal Exports' to the 'Inspector-General of Animal
Welfare and Live Animal Exports'.
Item 9 At the end of section 9
62. This item would add a new note at the end of section 9 to clarify that the name of the
office of the Inspector-General of Live Animal Exports was altered by the
Inspector-General of Live Animal Exports Amendment (Animal Welfare) Act 2023.
However, the office continues in existence under the new name so that its identity is not
affected: see paragraph 25B(1)(a) of the Acts Interpretation Act.
63. The note is intended to assist the reader by clarifying that the office of the
Inspector-General continues in existence under its new name, as proposed by this Bill,
so that its identity is not affected, due to the application of paragraph 25B(1)(a) of the
Acts Interpretation Act. It reflects the intention that the role of the Inspector-General is
simply being expanded to enhance focus on animal welfare in livestock exports, rather
than being newly established. Paragraph 25B(1)(a) of the Acts Interpretation Act
provides that where an Act alters the name of a body (whether or not the body is
incorporated) or alters the name of an office, then the body or office continues in
existence under the new name so that its identity is not affected.
Item 10 Section 10 (heading)
64. Item 10 repeals the heading of section 10, which is "10 Inspector-General may conduct
reviews" and replaces it with "10 Functions of the Inspector-General".
65. This would reflect the proposed amendments to subsections 10(1) and new
subsection 10(2A), such that section 10 would set out the functions of the
Inspector-General, which would not be limited to the Inspector-General's power to
review.
Item 11 Subsection 10(1)
66. Subsection 10(1) of the Act currently provides that the Inspector-General may review
the performance of functions, or exercise of powers, by livestock export officials under
the Export Control Act 2020 (Export Control Act), or an instrument made under that
Act, in relation to the export of live-stock.
67. Item 11 would repeal subsection 10(1) and substitute it with new subsection 10(1).
68. New subsection 10(1) would provide that the functions of the Inspector-General of
Animal Welfare and Live Animal Exports are to conduct reviews of the following
matters:
(a) the performance of functions or exercise of powers by livestock export officials
under the animal welfare and live animal export legislation and standards in
relation to the export of livestock;
(b) the effectiveness of Commonwealth systems for the administration of livestock
exports under the animal welfare and live animal export legislation and standards
for maintaining and enhancing the welfare of exported livestock;
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(c) the effectiveness of the ASEL, as a part of such systems;
(d) the effectiveness of Commonwealth reporting of any or all of the following:
i. the welfare of exported livestock;
ii. livestock export investigations related to animal welfare;
iii. non-compliance with the animal welfare and live animal export legislation
and standards in relation to the export of livestock;
iv. the information covered by section 424 of the Export Control Act (report
to Parliament about export of livestock);
v. potential non-compliance with State and Territory laws relating to animal
welfare, as reported to State and Territory Governments.
69. New paragraph 10(1)(a) would retain the effect of current subsection 10(1) of the Act,
and has the effect that the Inspector-General would also review the performance of
functions or exercise of powers by livestock export officials under the ASEL, as per the
proposed definition of "animal welfare and live animal export legislation and
standards" inserted by item 4, which includes the Export Control Act, and instruments
made under that Act, and the ASEL.
70. New paragraph 10(1)(b) would provide the additional function of reviewing the
effectiveness of Commonwealth systems for the administration of livestock exports
under animal welfare and live animal export legislation and standards in relation to the
export of livestock. This new function is intended to ensure that such systems are
appropriately reviewed and operating effectively, in particular in achieving animal
welfare outcomes.
71. New paragraph 10(1)(c) would provide a new function for the review of the
effectiveness of the ASEL, as part of the Commonwealth systems referred to in new
paragraph 10(1)(b). This new function is intended to ensure that the ASEL and any
developments to the ASEL are appropriately reviewed with a view to meeting the
objective of maintaining and enhancing the welfare of exported livestock. As the ASEL
is a critical part of Australia's regulatory system for the welfare of exported livestock,
this proposed provision would provide independent oversight over the ASEL, including
its development, and as such, ensure that improvements to the ASEL are promoted.
72. New paragraph 10(1)(d) would provide a new function for the review of the
effectiveness of various Commonwealth reporting arrangements. This is intended
enable further scrutiny and transparency of Commonwealth reporting in relation to the
welfare of exported livestock, investigations related to animal welfare, non-compliance
with animal welfare and live animal export legislation and standards in relation to the
export of livestock, reporting to Parliament about the export livestock under section 424
of the Export Control Act, and potential non-compliance with State and Territory laws
that have been reported to State and Territory Governments by the Commonwealth.
73. These reporting mechanisms are essential parts of the Commonwealth's assurance and
regulatory systems in ensuring that animal welfare and live animal export legislation
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and standards are complied with, and to ensure that animal welfare outcomes are being
achieved.
74. Item 11 would insert a note below new subsection 10(1) which provides that reports
under section 424 of the Export Control Act are based on reporting by the masters of
vessels engaged in the export of livestock. This note is intended to assist the reader in
providing this clarification.
Item 12 After subsection 10(2)
75. Item 12 would insert a new subsection 10(2A) after subsection 10(2), which would
provide the Inspector-General with ancillary powers to do all things necessary or
convenient to be done for, or in connection with, the performance of the
Inspector-General's functions.
76. This would ensure that the Inspector-General is empowered to do all things necessary
or convenient to be done for, or in connection with, the performance of the
Inspector-General's functions, without providing the Inspector-General with
substantive powers outside of that scope.
Item 13 After section 10
77. Item 13 would insert a number of new provisions after section 10 of the Act.
78. New section 10A would provide for persons who may assist the Inspector-General in
the performance of any of the Inspector-General's functions.
79. Subsection 10A(1) would provide that the Inspector-General may be assisted by
officers and employees of Commonwealth Agencies (within the meaning of the Public
Service Act 1999) and of authorities of the Commonwealth, whose services are made
available to the Inspector-General in connection with the performance of any of the
Inspector-General's functions. Section 7 of the Public Service Act 1999 (Public Service
Act) defines 'Agency' as a Department, or an Executive Agency or a Statutory Agency.
'Executive Agency' is defined by section 7 of the Public Service Act to mean an
Executive Agency established under section 65 of that Act, which provides for
establishment and associated arrangements for Executive Agencies. 'Statutory Agency'
is defined by section 7 of the Public Service Act to mean a body or group of persons
declared by a law of the Commonwealth to be a Statutory Agency for the purpose of
the Public Service Act. One effect of this new subsection is that officers and employees
of the Agriculture Department are able to assist the Inspector-General. The current
Inspector-General of Live Animal Exports is supported by officers and employees of
the Agriculture Department and it is intended that this will continue for the
Inspector-General under the Act as proposed to be amended by this Bill. Proposed
subsection 10A(1) clarifies and supports this intention.
80. Subsection 10A(2) would provide that when performing services for the
Inspector-General under this section, a person is subject to the directions of the
Inspector-General.
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81. New section 10A would ensure that the Inspector-General would be appropriately
supported in the performance of the Inspector-General's functions, and to ensure that
the Act is clear on its face in relation to who may assist the Inspector-General.
82. New section 10B would provide for the engagement of consultants to assist in the
performance of the Inspector-General's functions.
83. Subsection 10B(1) would enable the Inspector-General to engage consultants, on behalf
of the Commonwealth, to assist in the performance of the Inspector-General's
functions.
84. Subsection 10B(2) would provide that the consultants are to be engaged on the terms
and conditions that the Inspector-General determines in writing.
85. New section 10B would ensure that the Inspector-General would be appropriately
supported by consultants, where necessary, in the performance of the
Inspector-General's functions. The engagement of consultants may be necessary to
provide specific expertise or required resourcing, in particular for animal welfare
expertise.
86. New section 10C would provide for the independence of the Inspector-General.
87. Subsection 10C(1) would provide that, subject to the Act and to other Commonwealth
laws, the Inspector-General has complete discretion in the performance of the
Inspector-General's functions and the exercise of the Inspector-General's powers.
Additionally, the Inspector-General is not subject to direction by any person in relation
to the performance or exercise of those functions or powers.
88. However, the note under subsection 10C(1)(b) would clarify that the Minister may
direct the Inspector-General to conduct a review: see new subsection 10D(2). This note
is intended to assist the reader. The terms of new subsection 10D(2) are discussed in
detail below.
89. Subsection 10C(2) would provide that, in particular, the Inspector-General is not
subject to direction in relation to:
(a) whether or not a particular outcome or priority is to be included in a work plan for
a financial year; or
(b) the conduct of a review, including:
i. the terms of reference for a review; and
ii. how a review is to be conducted; and
iii. the timing of a review; and
iv. the priority to be given to a review; or
(c) the content of a report under the Act.
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90. This would ensure that the Act makes clear on the face of the legislation that the
Inspector-General may operate independently and impartially, and would not be subject
to direction on how the Inspector-General would carry out its role under the Act or any
outcome the Inspector-General may reach in the performance of the
Inspector-General's functions.
91. It is intended that paragraph 10C(2)(c) should cover all reports provided for by the Act
as proposed to be amended, which would include:
• reports under subsection 10(3) (the Inspector-General must publish a report on
each review conducted);
• section 37 (the Inspector-General must report of evidence of misconduct by a
livestock export official);
• section 40 (Inspector-General must publish an annual report for each financial
year).
92. The note under subsection 10(C)(2) would clarify that the Inspector-General must
consult with the Minister in relation to the terms of reference and priority of directed
reviews under section 10: see subsection 10D(5).
93. Item 13 would also insert a new Division 3 after proposed section 10C, with the
heading "Division 3--Conduct of reviews". This heading is intended to assist the
reader by signposting the new Division.
94. New section 10D would provide for how reviews are started.
95. A new subheading, "Inspector-General may conduct review on own initiative" is
proposed to be inserted before proposed subsection 10D(1). This heading is intended to
assist in signposting proposed subsection 10D(1).
96. New subsection 10D(1) would provide that the Inspector-General may, on the
Inspector-General's own initiative, conduct a review under section 10 of the Act.
97. The power to initiate an own motion review is critical to the Inspector-General's ability
to exercise independent oversight of the livestock export system and welfare of
exported livestock.
98. New subsections 10D(2) to (6) would deal with reviews which have been directed to be
undertaken by the Minister. This is reflected in the new proposed subheading for these
subsections, "Minister may direct Inspector-General to conduct review". This heading
is intended to assist in signposting of new subsections 10D(2) to (6) of the Act.
99. New subsection 10D(2) would provide that the Minister may issue written directions to
the Inspector-General to conduct a particular review (a directed review) under
section 10. The Inspector-General would be required to undertake a directed review as
per new subsection 10D(4) of the Act.
100. New subsection 10D(3) would provide that in considering whether to issue a direction
to the Inspector-General to conduct a directed review under subsection 10D(2), the
Minister must have regard to:
15
(a) the objects of the Act; and
(b) the functions of the Inspector-General; and
(c) the workplan for the financial year in which the directed review is to be
conducted; and
(d) whether the Inspector-General has sufficient resources to conduct the directed
review.
101. In practice, considering the objects of the Act and the functions of the
Inspector-General would require the Minister to consider whether a directed review
would be within the scope of the Inspector-General's powers. The Inspector-General
may only conduct such reviews as are provided for in new subsection 10(1). This
constraint on the Inspector-General's powers would not be affected by any direction
given by the Minister under new subsection 10D(2).
102. Subsection 10D(4) would provide that the Inspector-General must comply with a
direction given under subsection 10D(2). The ability for the Minister to direct the
Inspector-General to conduct a review is not intended to compromise the
Inspector-General's independence. Rather, it is intended as a mechanism for the
Minister to trigger a review where an urgent, important or other need arises. In
particular, proposed subsection 10C(2), also to be inserted by item 13 of the Bill, would
clarify that the Inspector-General is not subject to direction in relation to (amongst
other things) the conduct of a review (including its terms of reference, how it is to be
conducted, its timing and priority) and the content of its report. In effect, this means
that the Minister cannot direct the Inspector-General on how to conduct the review or to
make a particular finding or include anything in a report of the review. The direction is
limited only to requiring the Inspector-General to conduct a particular review.
103. Subsection 10D(5) would provide that the Inspector-General must consult the Minister
in determining the terms of reference for a directed review, and the priority to be given
to a directed review.
104. The note under subsection 10D(5) clarifies that the Inspector-General is not subject to
directions in relation to these matters: see section 10C (independence of
Inspector-General). This is intended to assist the reader and make clear that whilst
subsection 10D(5) would impose a general requirement for the Inspector-General to
consult with the Minister on these matters, the effect of section 10C is that the
Inspector-General would not be subject to direction in this regard. This preserves the
Inspector-General's independence, including discretion in the performance of the
Inspector-General's functions and the exercise of the Inspector-General's powers.
105. Subsection 10D(6) would clarify that a direction given to the Inspector-General by the
Minister under subsection 10D(2) to conduct a directed review is not a legislative
instrument.
106. This provision is declaratory of the law, and does not provide a substantive exemption
in accordance with paragraph 8(6)(a) of the Legislation Act 2001 (the Legislation Act).
That is, a direction under subsection 10D(2) of the Act is not a legislative instrument
within the meaning of subsection 8(1) of the Legislation Act.
16
107. Subsection 10D(7) provides that the Inspector-General may conduct a particular review
under section 10 of the Act if requested in writing to do so by the Secretary or a
Minister (other than the Minister administering the Act) that administers a law relating
to the export of livestock. This is reflected in the new proposed subheading for these
subsections, "Inspector-General may conduct review on request". This heading is
intended to assist in signposting of new subsections 10D(7) and (8) of the Act.
108. The provision for a Minister (other than the Minister administering the Act) to request a
review is to take into account the future possibility of there being more than one
Minister who administers a law relating to the export of livestock.
109. Subsection 10D(8) would provide that the Inspector-General is not required to comply
with a request under subsection 10D(7). In practice, it is intended that the
Inspector-General would exercise discretion as to whether to conduct a review, and
would provide notice to the initiator of the request setting out the reasons underpinning
the decision.
Item 14 At the end of Part 2
110. Item 14 would add, at the end of Part 2 of the Act, a new Division with the heading,
"Division 4--Annual Work Plans", with two proposed new sections under this
Division.
111. Item 14 would insert new subsection 11A, which provides that the Inspector-General
must prepare an annual work plan.
112. New subsection 11A(1) would provide that the Inspector-General must prepare a work
plan, in writing, for each financial year. Noting that the Inspector-General must publish
each work plan in accordance with proposed new subsection 11A(4) (which is
discussed below), it is intended that the preparation (and publication) of a work plan
would increase transparency in relation to the Inspector-General's priorities and areas
of focus, and would allow relevant stakeholders and government entities to plan
appropriately to support the conduct of reviews.
113. New subsection 11A(2) would provide that the work plan prepared by the
Inspector-General must set out the key outcomes and areas of priority for the
Inspector-General for the financial year, including the reviews that the
Inspector-General intends to conduct under section 10 of the Act during the financial
year, and details of each review, including when each review will be conducted.
114. Details of proposed reviews could include the title and proposed timing of the review.
Other matters that may be set out in the work plan may include, for example, the terms
of reference or scope of a review.
115. New subsection 11A(3) would provide that the Inspector-General must consult with the
Minister in preparing a work plan for a financial year. The Inspector-General may also
consult any other person the Inspector-General considers appropriate.
116. The note below subsection 11A(3) clarifies that the Inspector-General is not subject to
direction by the Minister in relation to these matters, and directs the readers to proposed
new section 10C of the Act, which deals with the independence of the
17
Inspector-General. In this respect, this preserves the Inspector-General's independence,
including discretion in the performance of the Inspector-General's functions and the
exercise of the Inspector-General's powers.
117. New subsection 11A(4) would provide that the Inspector-General must publish the
work plan for a financial year on the Inspector-General's website as soon as practicable
after it has been finalised. This would ensure that the work plan is publicly accessible,
thus increasing transparency in relation to the Inspector-General's priorities and areas
of focus.
118. New subsection 11A(5) would provide that a work plan prepared by the
Inspector-General is not a legislative instrument.
119. This provision is declaratory of the law and does not provide a substantive exemption
in accordance with paragraph 8(6)(a) of the Legislation Act. That is, a work plan
prepared under subsection 11A(1) of the Act is not a legislative instrument within the
meaning of subsection 8(1) of the Legislation Act.
120. Item 14 would also insert a new section 11B, which provides for the variation of annual
work plan.
121. New subsection 11B(1) would provide that the Inspector-General may vary a work plan
for a financial year if satisfied that it is reasonable or appropriate to do so.
For example, the Inspector-General could decide to vary a work plan if the
Inspector-General received information or data pointing to a potential issue that
warranted a review in that financial year, or to reflect a direction from the Minister.
122. New subsection 11B(2) would provide that the Inspector-General must publish a work
plan, as varied, on the Inspector-General's website as soon as practicable after the work
plan has been varied. This would ensure that a varied work plan is also publicly
accessible, thus increasing transparency in relation to the Inspector-General's priorities
and areas of focus as varied.
123. New subsection 11B(3) would provide that a varied work plan is not a legislative
instrument.
124. This provision is declaratory of the law and does not provide a substantive exemption
in accordance with paragraph 8(6)(a) of the Legislation Act. That is, a varied work plan
is not a legislative instrument within the meaning of subsection 8(1) of the Legislation
Act.
PART 2 - OTHER AMENDMENTS
Division 1--Amendment of the Inspector-General of Live Animal Exports Act 2019
Inspector-General of Live Animal Exports Act 2019
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Item 15 Section 5 (definition of Inspector-General)
125. Item 15 would repeal the definition of Inspector-General, and substitute a new
definition of Inspector-General, which means the Inspector-General of Animal
Welfare and Live Animal Exports.
126. This amendment would replace the term "Inspector-General of Live Animal Exports"
with "Inspector-General of Animal Welfare and Live Animal Exports", and would be
consequential to the renaming of the expanded office of the 'Inspector-General of Live
Animal Exports' to the 'Inspector-General of Animal Welfare and Live Animal
Exports'.
Item 16 Section 5 (definition of live-stock)
127. "Live-stock" is defined in section 5 of the Act.
128. Item 16 would repeal the definition for "live-stock". This amendment is consequential
to the proposed insertion of a new definition of "livestock" by item 17.
Item 17 Section 5
129. Item 17 would insert a new definition of "livestock":
livestock means any of the following:
(a) cattle, sheep, goats, deer, buffalo, camelids;
(b) any other animal prescribed by rules made for the purposes of this definition;
(c) the young of an animal mentioned in paragraph (a) or (b).
130. This item would ensure consistency with the usage of the term "livestock" in the Export
Control Act and reflects the current preferred scope of this term within the Agriculture
Department's portfolio.
131. The proposed new definition would also align with legislative schemes within the
Agriculture Department's portfolio (in particular, the definition of "livestock" provided
by the Export Control (Animals) Rules 2021). The inclusion of the rule-making power
in paragraph (b) of the proposed new definition of "livestock" is intended to provide
appropriate flexibility to amend this definition, should the preferred scope of the term
"livestock" within the Agriculture Department's portfolio change in the future.
Item 18 Section 5 (definition of live-stock export official)
132. The term "live-stock export official" is defined by section 5 of the Act.
133. Item 18 would repeal the definition of "live-stock export official". This amendment is
consequential to the proposed insertion of a new definition of "livestock" by item 19.
Item 19 Section 5
134. Item 19 would insert a new definition for "livestock export official":
19
livestock export official means any of the following:
(a) an authorised officer within the meaning of the Export Control Act;
(b) an accredited veterinarian within the meaning of the Export Control Act;
(c) the Secretary or a delegate of the Secretary.
135. This definition is substantively the same as the previous definition of "live-stock export
official" repealed by item 18. This is an editorial amendment and would, in effect,
replace the word "live-stock" with "livestock" to ensure consistency with usage of that
term in the Export Control Act, by making a minor typographical correction by
removing the hyphen.
Item 20 Subsections 10(1A) and (2)
136. Item 20 would omit the word "live-stock" wherever occurring in subsections 10(1A)
and (2) and substitute it with "livestock".
137. This item would make editorial amendments to align with the change to the defined
term made by item 17, which removes the hyphen to ensure consistency with the usage
of the term in the Export Control Act.
Item 21 Subsection 17(3)
138. Subsection 17(3) of the Act provides that subsections 7(9) and 7(13) of the
Remuneration Tribunal Act 1973 do not apply in relation to the office of the
Inspector-General of Live Animal Exports.
139. Item 21 would omit the words "of Live Animal Exports" from subsection 17(3) of the
Act.
140. The effect of this amendment is to replace the term "Inspector-General of Live Animal
Exports" with "Inspector-General".
141. This amendment would reflect the use of the new definition of "Inspector-General" as
proposed in item 15 of the Bill. That definition reflects the renaming of the office of the
'Inspector-General of Live Animal Exports' to the 'Inspector-General of Animal
Welfare and Live Animal Exports'. Rather than using the Inspector-General's full
office title, this amendment would use the defined term "Inspector-General".
Item 22 Section 37 (heading)
142. The current heading of section 37 of the Act is "Reporting misconduct by live-stock
export officials".
143. Item 22 would omit the word "live-stock" in the heading of section 37 and substitute it
with "livestock". This is an editorial amendment to ensure consistency with the usage
of the term in the Export Control Act.
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Item 23 Paragraphs 37(a) and (c)
144. Item 23 would omit the word "live-stock" and substitute it with "livestock". This is an
editorial amendment to align with the change to the defined term made by item 17,
which removes the hyphen to ensure consistency with the usage of the term in the
Export Control Act.
Division 2--Amendment of the National Anti-Corruption Commission Act 2022
National Anti-Corruption Commission Act 2022
Items 24 and 25 Section 7 (definition of Inspector-General of Live Animal Exports)
145. Items 24 and 25 would replace the reference to and definition for the
"Inspector-General of Live Animal Exports" in section 7 of the National
Anti-Corruption Commission Act 2022 (the National Anti-Corruption Commission Act)
(which is a definitions clause) with the new definition of "Inspector-General of Animal
Welfare and Live Animal Exports".
146. The new definition of "Inspector-General of Animal Welfare and Live Animal Exports"
means the Inspector-General of Animal Welfare and Live Animal Exports referred to in
section 9 of the Inspector-General of Animal Welfare and Live Animal Exports
Act 2019.
147. This is a consequential amendment to the renaming of the office of the
'Inspector-General of Live Animal Exports' to the 'Inspector-General of Animal
Welfare and Live Animal Exports' as proposed by this Bill.
Item 26 and 27 Subsection 11(1) (after table item 7 and table item 10)
148. Items 26 and 27 would replace the reference to the "Inspector-General of Live Animal
Exports" with the "Inspector-General of Animal Welfare and Live Animal Exports" in
the table at subsection 11(1) of the National Anti-Corruption Commission Act.
149. Section 11 provides that a body or office specified in column 1 of an item in the table at
subsection 11(1) is a Commonwealth agency, and the head (or agency head) of that
agency is the person specified in column 2 of that item.
150. This is a consequential amendment to the renaming of the office of the
'Inspector-General of Live Animal Exports' to the 'Inspector-General of Animal
Welfare and Live Animal Exports', as proposed by this Bill. The repositioning of the
title "Inspector-General of Animal Welfare and Live Animal Exports" within this
provision of the National Anti-Corruption Commission Act is to ensure that the
amended office name is included in alphabetical order.
Items 28 and 29 After paragraph 11(2)(b) and paragraph 11(2)(e)
151. Subsection 11(2) of the National Anti-Corruption Commission Act provides that, to
avoid doubt, certain bodies are to be taken to be Commonwealth agencies in their own
right, and not part of a Department. This includes the Inspector-General of Live Animal
Exports (paragraph 11(2)(e)).
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152. Items 28 and 29 would repeal paragraph 11(2)(e) and insert new paragraph 11(2)(ba),
to provide for the Inspector-General of Animal Welfare and Live Animal Exports. This
is a consequential amendment to the renaming of the office of the 'Inspector-General of
Live Animal Exports' to the 'Inspector-General of Animal Welfare and Live Animal
Exports', as proposed by this Bill. The repositioning of the title "Inspector-General of
Animal Welfare and Live Animal Exports" within this provision of the National
Anti-Corruption Commission Act is to ensure that the amended office name is included
in alphabetical order.
Items 30 and 31 Subsection 12(2) (after table item 2 and table item 4)
153. Section 12 of the National Anti-Corruption Commission Act specifies which
individuals are staff members of Commonwealth agencies. Special rules apply to
certain bodies listed in the table at subsection 12(2). Current item 4 in the table includes
the Inspector-General of Live Animal Exports.
154. Items 30 and 31 would repeal table item 4 and insert a new item 2A, which would
provide for the Inspector-General of Animal Welfare and Live Animal Exports in
column 1. Column 2 of the new item would provide for staff members to include "An
individual acting under the authority of the Inspector-General of Animal Welfare and
Live Animal Exports".
155. This is a consequential amendment to the renaming of the office of the
'Inspector-General of Live Animal Exports' to the 'Inspector-General of Animal
Welfare and Live Animal Exports', as proposed by this Bill. It would also ensure that
appropriate staff members are included for the purpose of the National Anti-Corruption
Commission Act, taking into account new proposed section 10A of the Act, which
provides for persons assisting the Inspector-General. The repositioning of the title
"Inspector-General of Animal Welfare and Live Animal Exports" within this provision
of the National Anti-Corruption Commission Act is also to ensure that the amended
office name is included in alphabetical order.
Items 32 and 33 After paragraph 15(l) and paragraph 15(n)
156. Section 15 of the National Anti-Corruption Commission Act provides that certain office
holders, together with their staff (if any), is a Commonwealth integrity agency. This
includes the Inspector-General of Live Animal Exports (paragraph 15(n)).
157. Items 32 and 33 would repeal paragraph 15(n) and insert new paragraph 15(la) after
paragraph 15(l) to provide for the Inspector-General of Animal Welfare and Live
Animal Exports.
158. This is a consequential amendment to the renaming of the office of the
'Inspector-General of Live Animal Exports' to the 'Inspector-General of Animal
Welfare and Live Animal Exports', as proposed by this Bill. The repositioning of the
title "Inspector-General of Animal Welfare and Live Animal Exports" within this
provision of the National Anti-Corruption Commission Act is to ensure that the
amended office name is included in alphabetical order.
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PART 3--SAVING, APPLICATION AND TRANSITIONAL PROVISIONS
Item 34 Definition
159. Item 34 would provide that in Part 3 of the Bill, "commencement day" means the day
the proposed Act commences.
Item 35 Saving--Inspector-General and reviews
160. Item 35 would provide for a savings provision in relation to the current office of the
Inspector-General of Live Animal Exports and reviews under section 10 that started
before the commencement day.
161. Subitem 35(1) would provide that a person holding office as the Inspector-General of
Live Animal Exports immediately before the commencement day continues, on and
after that day, to hold that office under the title of Inspector-General of Animal Welfare
and Live Animal Exports.
162. Subitem 37(2) would provide that the person holds that office (under that new title), on
and after the commencement day on the terms and conditions that were applicable to
the person immediately before that day, and for the balance of the person's term of
appointment that remained immediately before that day.
163. This provision would ensure that the current Inspector-General of Live Animal Exports
appointed under the Act would continue to hold the named office until the remaining
term of their appointment concludes. It also reflects the intention that the office of the
Inspector-General is only being expanded, rather than newly established.
164. Subitem 37(3) would provide that the Inspector-General of Live Animal Exports
Act 2019 as in force immediately before the commencement day, continues to apply on
and after that day in relation to a review started under section 10 of that Act before that
day, and anything done or required for the purposes of such a review, whether before,
on or after that day.
165. The effect of this provision would be that for any reviews started under the current Act
(and anything done or required for the purpose of such reviews), the provisions of the
current Act would continue to apply after the commencement date, that is, the
provisions as proposed to be amended would not apply to reviews started before the
commencement date.
Item 36 Application--Work plans
166. Item 36 would provide that proposed sections 11A (Inspector-General must prepare
annual work plan) and 11B (Variation of annual work plan) of the Inspector-General of
Live Animal Exports Act 2019 (as amended by the proposed Act) apply in relation to
the first financial year starting after the commencement day, and each subsequent
financial year.
167. The effect of this provision would be that proposed sections 11A and 11B would not
apply in relation to the financial year in which the proposed Act commences, such that
the Inspector-General would not be required to prepare and publish a work plan for that
financial year. Instead, those provisions would apply to the financial year immediately
23
after the financial year in which the proposed Act commenced, and each financial year
thereafter.
Item 37 Transitional - protected information
168. Item 37 would provide for a transitional provision in relation to protected information.
169. Subitem 37(1) would provide that protected information obtained before the
commencement day may be used or disclosed under, and in accordance with, Part 4 of
the Inspector-General of Animal Welfare and Live Animal Exports Act 2019
(information management) on or after the commencement day for the purposes of that
Act as amended by the proposed Act.
170. This subitem would ensure that information gathered in accordance with the Act before
the commencement day may still be used or disclosed after commencement.
171. Subitem 37(2) would clarify that subitem 37(1) does not limit Part 4 of the
Inspector-General of Animal Welfare and Live Animal Exports Act 2019, that it, it
would not limit the operation of the information management provisions under the Act.
172. The note under item 37 would explain that protected information is information
obtained under, or in accordance with, the Inspector-General of Animal Welfare and
Live Animal Exports Act 2019 (see section 5 of that Act). The note is intended to assist
the reader by directing them to the definition of protected information under section 5
of the Act.
24
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023
The Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023
(the 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.
Overview of the Bill
The Bill would amend the Inspector-General of Live Animal Exports Act 2019 (the Act) to
expand the current office of the Inspector-General of Live Animal Exports by adding new
objects to the Act to provide an enhanced focus on animal welfare in livestock exports.
Proposed amendments in the Bill include:
• expanding the current office of the Inspector-General for Live Animal Exports to
provide an enhanced focus on animal welfare and to rename it as the 'Inspector-General
of Animal Welfare and Live Animal Exports' (the Inspector-General);
• expanding the objects in the Act to enable monitoring, investigation and reporting on
the implementation of animal welfare and live animal exports legislation and standards
in relation to livestock exports;
• promoting improvements in the development of the Australian Standards for the
Export of Livestock (ASEL);
• expanding the functions of the Inspector-General's office to provide that the
Inspector-General may review the effectiveness of Commonwealth administrative
systems, and the effectiveness of Commonwealth reporting, relating to animal welfare
and livestock exports;
• providing that the office of the Inspector-General is independent and has complete
discretion in the performance of its functions and the exercise of its powers, and is not
subject to direction by any person other than as provided for in the Bill;
• requiring the Inspector-General to undertake a particular review if the Minister directs
it in writing;
• providing that the Inspector-General may (but is not obliged to) conduct a particular
review if requested by a Minister (other than the Minister who administers the Act)
who administers a law relating to livestock exports or the Secretary of the Department
of Agriculture, Forestry and Fisheries (Agriculture Department);
• clarifying administrative arrangements such as publication of an annual work plan,
persons assisting the Inspector-General and the engagement of consultants;
• minor consequential amendments to the National Anti-Corruption Commission
Act 2022 to reflect the renaming of the title of the Inspector-General.
25
Human rights implications
The Bill engages, or has the potential to engage, the following rights:
• Article 17 of the International Covenant on Civil and Political Rights (the ICCPR)
The prohibition on interference with privacy - Article 17 of the ICCPR
Article 17 of the ICCPR prohibits unlawful or arbitrary interference with a person's privacy,
family, home and correspondence, and prohibits unlawful attacks on a person's reputation.
This right may be subject to permissible limitations where those limitations are provided by
law and are non-arbitrary. In order for limitations not to be arbitrary, they must seek to
achieve a legitimate objective and be reasonable, necessary and proportionate to this purpose.
Summary
The Bill engages the right to privacy as it would expand the Inspector-General's existing
functions in relation to its powers of review and allow the Inspector-General to require the
provision of information or documents under existing powers in the Act to conduct any such
review.
Subsection 10(1) of the Act currently provides that the Inspector-General may review the
performance of functions, or exercise of powers, by livestock export officials under
the Export Control Act 2020, or an instrument made under that Act, in relation to the export
of livestock. Subsection 10(3) relevantly provides that the Inspector-General must publish a
report on each review conducted. Section 11 of the Act allows for the Inspector-General to
require a person whom the Inspector-General reasonably believes has information or
documents relevant to a review, to answer question or give information in writing or produce
documents.
Item 11 of the Bill would amend subsection 10(1) of the Act to set out expanded functions of
the Inspector-General. Proposed new subsection 10(1) in the Bill provides that the functions
of the Inspector-General are to conduct reviews of the following matters:
• the performance of functions, or exercise of powers, by livestock export officials under
animal welfare and live animal export legislation and standards in relation to the export of
livestock;
• the effectiveness of Commonwealth systems for the administration of livestock exports
under animal welfare and live animal export legislation and standards for maintaining and
enhancing the welfare of exported livestock;
• the effectiveness of the ASEL, as a part of such systems;
• the effectiveness of Commonwealth reporting of any or all of the following:
o the welfare of exported livestock;
o livestock export investigations related to animal welfare;
26
o non-compliance with the animal welfare and live animal export legislation and
standards in relation to the export of livestock;
o the information covered by section 424 of the Export Control Act 2020 (report to
Parliament about export of livestock);
o potential non-compliance with State and Territory laws relating to animal welfare, as
reported to State and Territory Governments.
Further, proposed new section 10D at item 13 in the Bill provides for how reviews are
started. The Inspector-General may, on the Inspector-General's own initiative, conduct a
review (proposed new subsection 10D(1)). The Minister may direct the Inspector-General to
conduct a particular review (proposed new subsection 10D(2)). The Inspector-General may
conduct a particular review if requested by the Secretary or another Minister who administers
a law relating to the export of livestock (proposed new subsection 10D(7)).
As the Bill proposes to expand the reviews the Inspector-General may conduct, the
Inspector-General may require the provision of information or documents from various
persons in undertaking any such review. As noted above, the Inspector-General must then
publish a report for each review undertaken.
The expanded functions in the proposed new subsection 10(1) in the Bill and the way reviews
may be started in proposed new section 10D (together with the concomitant existing powers
in section 11 of the Act to require the provision of information and documents) are crucial to
the expanded role proposed for the Inspector-General as they enhance the office's focus on
animal welfare in livestock exports under the Act and allow the Inspector-General to fulfil the
expanded objects of the Act. Item 3 of the Bill proposes to expand the objects so that the
objects of the Act are set out in proposed new section 3:
• to enable monitoring, investigation and reporting on the implementation, by the
Commonwealth Government, of the animal welfare and live animal export legislation and
standards in relation to the export of livestock, and the outcomes of such implementation,
and, in doing so:
o to increase accountability for, and the transparency of, compliance with such
legislation and standards; and
o to increase accountability for those outcomes;
• to promote continual improvements in the regulatory practice, performance and culture of
the Agriculture Department in its role as the regulator of Australia's livestock exports,
including improvements in the development of the ASEL;
• to provide an additional layer of accountability and assurance over the regulation of
Australia's livestock exports;
• to ensure that livestock export officials, in performing functions and exercising powers,
consider the welfare of animals in Australia's livestock exports.
The expanded objects enhance the focus of achieving positive improvements and outcomes in
relation to the welfare of animals in livestock exports.
27
Proposed new subsection 10(1) and section 10D of the Bill (working together with the
existing section 11 of the Act) are necessary to achieve the legitimate aim of the
Inspector-General conducting a review to ensure the accountability of livestock export
officials in the performance of their functions or exercise of their powers, and the
accountability of the Commonwealth in relation to its systems for the administration of
livestock exports, including the effectiveness of the ASEL. Proposed new subsection 10(1)
and section 10D are also necessary to achieve the legitimate aim of conducting reviews of the
effectiveness of Commonwealth reporting to ensure not only Commonwealth accountability
but also transparency.
Proposed new subsection 10(1) and section 10D of the Bill (working together with the
existing section 11 of the Act) are reasonable and proportionate to these legitimate aims for
various reasons.
Any information or documentation, required by the Inspector-General to be provided in order
to conduct a review, will be managed in compliance with both the Act and the
Privacy Act 1988. The Act contains an existing information management framework in
sections 23 to 31 (inclusive) which would provide robust protection for information provided
under or in accordance with the Act. In conducting any of the expanded reviews provided for
in proposed new subsection 10(1) in the Bill, the collection of information that may be
personal information is incidental to the Inspector-General's primary function of carrying out
its reviews in order to meet the objects of the Act.
The expanded functions for review under proposed new subsection 10(1) and section 10D are
also appropriately constrained. For example, reviews may only be conducted for those
purposes set out in proposed new subsection 10(1). Further, the objects of the Act (as set out
in proposed new section 3 in the Bill) describe the overarching objects of the Act and these
provide the framework within which the Inspector-General is to undertake its functions. As
noted above, these objects and these functions are legitimate, and in effect limited to the
welfare of exported livestock and regulatory and administrative systems for the export of
livestock.
To the extent that the proposed amendments in the Bill may engage the prohibition on
arbitrary interference with privacy under Article 17 of the ICCPR, any limitations on this
right are permissible as they are limited to only those measures that are necessary, reasonable
and proportionate.
Conclusion
The Bill is compatible with human rights. To the extent that the Bill may limit human rights,
those limitations are reasonable, necessary and proportionate.
Circulated by authority of the Minister for Agriculture, Fisheries and Forestry
Senator The Hon. Murray Watt
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