Commonwealth of Australia Explanatory Memoranda

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EXPORT CONTROL AMENDMENT (EQUINE LIVE EXPORT FOR SLAUGHTER PROHIBITION) BILL 2018

                             2016-2017-2018




      THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                 SENATE




EXPORT CONTROL AMENDMENT (EQUINE LIVE EXPORT FOR SLAUGHTER
                   PROHIBITION) BILL 2018




                   EXPLANATORY MEMORANDUM




          (Circulated by authority of Senators Rhiannon and Hinch)
EXPORT CONTROL AMENDMENT (EQUINE LIVE EXPORT FOR SLAUGHTER
PROHIBITION) BILL 2018

OUTLINE

The Export Control Amendment (Equine Live Export for Slaughter Prohibition) Bill 2018 amends the Export
Control Act 1982 to prohibit the export of live equines for slaughter, and for related purposes.

The bill contains provisions that will make it unlawful to export from Australia equines 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 clause 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      This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in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 - Amendment of the Export Control Act 1982

Item 1 - After Section 7

4.      This item inserts a new section 7AB which provides in subsection (1) definitions of equines and live
equines for slaughter to limit the application of the section to horses, donkeys, mules and hinnies that are
intended to be exported and slaughtered overseas.

5.      Subsection (1) also provides that the commencement of the prohibition of the export of equines for
slaughter is from the start of the day immediately after the day this schedule commences.

6.      Subsection (2) provides that the regulations are taken to have declared live equines for slaughter as
prescribed goods under the Export Control Act. Subsection (3) provides that the regulations are taken to have
prohibited absolutely the export of live equines 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


Export Control Amendment (Equine Live Export for Slaughter Prohibition) 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 Export Control Amendment (Equine Live Export for Slaughter Prohibition) Bill 2018 amends
the Export Control Act 1982 to prohibit the export of live equines for slaughter, and for related
purposes.


Human rights implications
This Bill does not engage any of the applicable rights or freedoms. There does not currently exist an
industry in the live export trade of equines for slaughter, and the Australian Live Export Council has
stated its members do not seek or support the live export trade of equines in line with community
expectations.
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 is compatible with human rights as it does not raise any human rights issues.




Senators Rhiannon and Hinch




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