Commonwealth of Australia Explanatory Memoranda

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LIVESTOCK EXPORT (ANIMAL WELFARE CONDITIONS) BILL 2011

                         2010-11




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




             HOUSE OF REPRESENTATIVES




  Livestock Export (Animal Welfare Conditions) Bill 2011




             EXPLANATORY MEMORANDUM




                 Circulated by authority of
                    Andrew Wilkie MP


Livestock Export (Animal Welfare Conditions) Bill 2011 Clause 1: Short Title 1. This clause is a formal provision and specifies the short title of the Bill, once enacted, as the Livestock Export (Animal Welfare Conditions) Act 2011. Clause 2: Commencement 2. This clause provides for the commencement of all Sections of the Act the day after the Act receives the Royal Assent Schedule 1 - Amendments Australian Meat and Live-stock Industry Act 1997 Item 1: Section 7 1. Item 1 creates a definition of "treated humanely" in relation to live-stock. 2. This definition states that to be treated humanely, live-stock must be kept in accordance with relevant sections of the Australian Standards for the Export of Livestock, as published by the Department of Agriculture, Fisheries and Forestry; transported in accordance with the international guidelines set out in the Terrestrial Animal Health Code as published by the World Organisation for Animal Health; and slaughtered in accordance with clauses 7.9 to 7.12 of the Australian standard for the hygienic production of meat and meat products for human consumption (AS 4696:2007), which mandates stunning prior to slaughter, and contains limited exceptions for approved ritual slaughter arrangements whereby animals may be stunned immediately after being stuck. Item 2: After section 17 3. Item 2 inserts a Section 17A into the Act, which states that if the Secretary has reasonable grounds to believe that live-stock exported under a live-stock export licence will not be treated humanely, the Secretary must act to ensure that either the live-stock is treated humanely or that the live-stock is no longer exported. Item 3: After section 55 4. Item 3 inserts a section 55A into the Act, which creates an offence with a penalty of 50 penalty units. The offence applies if the holder of a live-stock export licence has evidence that would reasonably suggest that live-stock being exported under the licence is not being treated humanely and fails to inform the Secretary in writing of that evidence. Item 4: Application 5. Item 4 states that the amendments to the Act shall not apply during the transitional period, where a live-stock export licence has been granted before the beginning of this transitional period and a contract to export live-stock has been entered into before the beginning of the transitional period. 6. Item 4 also defines the transitional period to be the period of 6 months that begins from the commencement day listed in Clause 2.


 


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