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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Live Animal Export (Slaughter) Prohibition Bill 2012
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Rhiannon)
Live Animal Export (Slaughter) Prohibition Bill 2012
OUTLINE
The Live Animal Export (Slaughter) Prohibition Bill 2012 amends the Export
Control Act 1982 to prohibit the export of live animals for slaughter.
The bill contains provisions that will make it unlawful to export from
Australia livestock for slaughter.
NOTES ON CLAUSES
Clause 1 - Short Title
1. This is a formal provision specifying the short title of the bill.
Clause 2 - Commencement
2. This provides for the commencement of the Act. It provides that the
substantive provisions of the Act will commence the day after the Act
receives Royal Assent.
Clause 3 - Schedule(s)
3. This clause provides that an Act that is specified in a Schedule is
amended or repealed as set out in that Schedule, and any other item in a
Schedule operates according to its terms.
Schedule 1 - Item 1
4. This item inserts a new section 7AA which provides in subsection (1)
definitions of live-stock and live-stock for slaughter to limit the
application of the section to live-stock, as defined in section 3 of the
Australian Meat and Live-stock Industry Act 1997 as cattle, calves, sheep,
lambs, goats or other prescribed animals, that is intended to be exported
and slaughtered overseas.
5. Subsection (2) provides that the regulations are taken to have declared
live-stock for slaughters as prescribed goods under the Export Control Act.
Subsection (3) provides that the regulations are taken to have prohibited
absolutely the export of live-stock for slaughter.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011
Live Animal Export (Slaughter) Prohibition Bill 2012
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.
Overview of the Bill/Legislative Instrument
The Live Animal Export (Slaughter) Prohibition Bill amends the Export
Control Act 1982 to prohibit the export of cattle, calves, sheep, lambs,
goats or other prescribed animals for slaughter overseas. The ban will be
in place immediately, with no delay and no continued cruelty to animals.
Human rights implications
This Bill/Legislative Instrument does not engage any of the applicable
rights or freedoms. Animals are sentient beings but as yet do not enjoy
rights comparable to human rights. This bill fulfils humanity's
responsibility to protect and defend the rights of animals to live a life
free of cruelty and suffering.
Conclusion
This Bill/Legislative Instrument is compatible with human rights as it does
not raise any human rights issues.
Greens Senator Lee Rhiannon