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2019
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Live Sheep Long Haul Export Prohibition Bill 2019
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Member for Mayo, Rebekha Sharkie MP
Live Sheep Long Haul Export Prohibition Bill 2019
OUTLINE
The Live Sheep Long Haul Export Prohibition 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 summer months of June, 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
Clause provides for the Bill, once enacted, to be cited as the Live Sheep Long Haul Export
Prohibition Bill 2019.
Clause 2: Commencement
Clause 2 provides for the Bill to commence from the day the Act receives Royal Assent.
Clause 3: Schedules
Clause 3 provides that legislation specified in a Schedule is amended or repealed as set
out in that Schedule.
Schedule 1 - Amendments
Australian Meat and Live-stock Industry Act 1997
Item 1
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, is to the Persian Gulf or Red Sea, its cargo is
either live sheep or lambs, it takes place during the months of June, July, August, or
September in the transitional period or at any time after that period, and is of 10 or more
days in duration.
The transitional period is the period of 5 years, starting on the day Schedule 1 of the Act
commences.
Item 2, 3 and 4
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.
Item 4 also makes a consequential amendment.
Item 5
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).
Items 6 and 7 make amendments consequential to Item 5.
Export Control Act 1982
Item 8 inserts section 7AA into the Act, providing regulations are taken to prohibit long
haul export (being 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;
(1) The regulations are taken to declare that live-stock, being sheep or lambs, are
prescribed goods for the purposes of this Act.
(2) Regulations made for the purposes of subsection 7(1) prohibit the export of
live-stock that are sheep or lambs, by ship, to:
(a) a place in the Persian Gulf or the Red Sea (whether or not that place is the
intended final overseas destination for the sheep or lambs); or
(b) any other place, if the route of the ship to that place is through the Persian
Gulf or the Red Sea;
unless:
(c) the condition in subsection (3) is complied with; and
(d) any other conditions or restrictions prescribed for the purposes of section 7
that are applicable to the goods are, to the extent that those other
conditions or restrictions are not inconsistent with subsection (3) of this
section, complied with.
(3) The condition is that:
(a) the sheep or lambs are exported at a time that is:
(i) before the end of the transitional period; but
(ii) not in June, July, August or September; or
(b) the duration of the voyage is less than 10 days.
Definitions
(4) In this section:
live-stock has the same meaning as in the Australian Meat and Live-stock
Industry Act 1997.
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
The amendments of 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.
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.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Live Sheep Long Haul Export Prohibition Bill 2019
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
The Live Sheep Long Haul Export Prohibition 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 summer months of June, 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.
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights.
Rebekha Sharkie MP