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2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Competition and Consumer Amendment (Free Range Eggs) Bill 2018
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
The Member for Mayo, Ms Rebekha Sharkie MP
Competition and Consumer Amendment (Free Range Eggs) Bill 2018
OUTLINE
The Bill will amend the Competition and Consumer Act to ensure that eggs marketed as
'free range' are eggs laid by hens that are able to, and do in fact, move freely on an open
range during daylight hours on most days.
The Bill will ensure that eggs marketed as 'free range' are laid from hens subject to a
stocking density of no more than 1,500 hens per hectare, and that the stocking density
information is displayed on egg labels prominently in a 'hens per hectare' format.
The Bill enables eggs that are not cage eggs but do not meet the definition of free range to
be marketed as 'access to range.'
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
Clause 1 provides for the Bill, once enacted, to be cited as the Competition and Consumer
Amendment (Free Range Eggs) Bill 2017.
Clause 2: Commencement
Clause 2 provides for the Bill to commence the day after the end of the period of 12
months beginning on the day this Act receives the Royal Assent.
Clause 3: Schedules
Clause 3 provides that legislation specified in a Schedule is amended or repealed as set
out in the Schedule.
Schedule 1 - Amendments
Item 1
Item 1 will ensure that any information standard made under section 134 of Schedule 2 to
the Competition and Consumer Act 2010 for eggs has no effect to the extent that it permits
eggs that do not satisfy certain conditions to be marketed as free range eggs.
Under the conditions, eggs will only be permitted to be represented as free range eggs if
they are laid by hens that are able to move about freely on an open range during daylight
hours on most days, and that the majority of such hens do in fact move about freely on an
open range during daylight hours.
The amendment will ensure that eggs cannot be represented as free range eggs if they
are laid by hens that are subject to a stocking density of more than 1500 hens per hectare.
The amendment will also make changes to the way the stocking density of hens is
displayed on labelling, requiring it to be displayed in a 'hens per hectare' format.
Finally, the amendment will ensure that eggs that are cage free eggs but do not meet the
above conditions can be marketed as 'access to range' eggs.
These provisions will apply in relation to any standard made after commencement of this
Bill or that are in force as at commencement of the Bill.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Competition and Consumer Amendment (Free Range Eggs) 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.
Overview of the bill
The Bill will amend the Competition and Consumer Act to ensure that eggs marketed as
'free range' are eggs laid by hens that are able to, and do in fact, move freely on an open
range during daylight hours on most days.
The Bill will ensure that eggs marketed as 'free range' are laid from hens subject to a
stocking density of no more than 1,500 hens per hectare, and that the stocking density
information is displayed on egg labels prominently in a 'hens per hectare' format.
The Bill enables eggs that are not cage eggs but do not meet the definition of free range to
be marketed as 'access to range.'
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights as it does not raise any human rights issues.
Ms Rebekha Sharkie MP