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2016-2017-2018
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Inspector-General of Animal Welfare and Live Animal Exports Bill 2018
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Hon Joel Fitzgibbon MP
Inspector-General of Animal Welfare and Live Animal Exports Bill 2018
OUTLINE
The Inspector-General of Animal Welfare and Live Animal Exports 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 creates an independent Statutory Officer to be known as the Inspector-General of
Animal Welfare and Live Animal Exports. The Inspector-General can review the
performance of functions, or the exercise of powers, under the Australian Meat and
Live-stock Industry Act 1997 or the Export Control Act 1982.
The Inspector-General will provide independent oversight and review of Regulator
exercising powers under the Australian Meat and Live-stock Industry Act 1997 or the
Export Control Act 1982, to ensure industry is fully complying with defined animal welfare
standards and appropriate action is taken in the event of breaches of those standards.
The Inspector-General will also constantly review the methods and practices deployed by
the Regulator in the exercise of its powers and in meeting its responsibilities.
FINANCIAL IMPACT
The Bill will have no financial impact.
NOTES ON CLAUSES
Part 1--Preliminary
1 Short title
This Act is the Inspector-General of Animal Welfare and Live Animal Exports
Act 2018.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is
taken to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Detail
s
1. Sections 1 The day this Act receives the
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Detail
s
to 3 and Royal Assent.
anything in
this Act not
elsewhere
covered by
this table
2. Sections 4 The day the Consolidated
to 23 Revenue Fund is appropriated
under an Act to the Department in
which this Act is administered for
payment to the
Inspector-General.
3. The later of:
Schedule 1 (a) the commencement of the
provisions covered by table
item 2; and
(b) immediately after the
commencement of section 3 of
the Export Control Act 2018.
However, the provisions do not
commence at all if the event
mentioned in paragraph (b) does
not occur.
Note: This table relates only to the provisions of this Act as originally enacted.
It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may
be inserted in this column, or information in it may be edited, in any published
version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as
set out in the applicable items in the Schedule concerned, and any other item in
a Schedule to this Act has effect according to its terms.
4 Simplified outline of this Act
This Act provides for the appointment of an Inspector-General of Animal
Welfare and Live Animal Exports.
The Inspector-General can review the performance of functions, or the exercise
of powers, under the Australian Meat and Live-stock Industry Act 1997 or the
Export Control Act 1982.
The Inspector-General must publish a report of each review.
5 Definitions
In this Act:
civil penalty provision has the same meaning as in the Regulatory Powers
Act.
Inspector-General means the Inspector-General of Animal Welfare and Live
Animal Exports appointed under section 7.
paid work means work for financial gain or reward (whether as an employee, a
self-employed person or otherwise).
Regulatory Powers Act means the Regulatory Powers (Standard Provisions)
Act 2014.
6 Act binds the Crown
This Act binds the Crown in each of its capacities.
Note: See subsection 21(4) in relation to civil penalties.
Part 2--Inspector-General of Animal Welfare and Live Animal Exports
7 Inspector-General of Animal Welfare and Live Animal Exports
(1) There is to be an Inspector-General of Animal Welfare and Live Animal Exports.
Appointment
(2) The Inspector-General is to be appointed by the Minister by written instrument.
Note: The Inspector-General may be reappointed, subject to subsection 8(2):
see section 33AA of the Acts Interpretation Act 1901.
(3) The Inspector-General may be appointed on a full-time or part-time basis.
8 Term of office
(1) The Inspector-General holds office for the period specified in the instrument of
appointment. The period must not exceed 5 years.
(2) The Inspector-General must not hold office for a total of more than 10 years.
9 Remuneration
(1) The Inspector-General is to be paid the remuneration that is determined by the
Remuneration Tribunal. If no determination of that remuneration by the Tribunal
is in operation, the member is to be paid the remuneration that is prescribed
under subsection (4).
(2) The Inspector-General is to be paid the allowances that are prescribed under
subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973.
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
10 Leave of absence for full-time Inspector-General
(1) If the Inspector-General is appointed on a full-time basis, the Inspector-General
has the recreation leave entitlements that are determined by the Remuneration
Tribunal.
(2) If the Inspector-General is appointed on a full-time basis, the Minister may grant
the Inspector-General leave of absence, other than recreation leave, on the
terms and conditions as to remuneration or otherwise that the Minister
determines.
11 Engaging in other paid employment
Full-time Inspector-General
(1) If the Inspector-General is appointed on a full-time basis, the Inspector-General
must not engage in paid work outside the duties of the Inspector-General's
without the Minister's approval.
Part-time Inspector-General
(2) If the Inspector-General is appointed on a part-time basis, the
Inspector-General must not engage in any paid work that conflicts or may
conflict with the proper performance of the Inspector-General's duties.
12 Other terms and conditions
The Inspector-General holds office on the terms and conditions (if any) in
relation to matters not covered by this Act that are determined by the Minister.
13 Resignation
(1) The Inspector-General may resign the Inspector-General's appointment by
giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later
day is specified in the resignation, on that later day.
14 Termination of appointment
(1) The Minister may terminate the appointment of the Inspector-General:
(a) for misbehaviour; or
(b) if the Inspector-General is unable to perform the duties of the
Inspector-General's office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of the Inspector-General if:
(a) the Inspector-General:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or
insolvent debtors; or
(iii) compounds with the Inspector-General's creditors; or
(iv) makes an assignment of the Inspector-General's remuneration for the
benefit of the Inspector-General's creditors; or
(b) if the Inspector-General is appointed on a full-time basis--the
Inspector-General is absent, except on leave of absence, for 14
consecutive days or for 28 days in any 12 months; or
(c) if the Inspector-General is appointed on a full-time basis--the
Inspector-General engages, except with the Minister's approval, in paid
work outside the duties of the Inspector-General's office (see
subsection 11(1)); or
(d) if the Inspector-General is appointed on a part-time basis--the
Inspector-General engages in paid work that conflicts or may conflict with
the proper performance of the Inspector-General's duties (see
subsection 11(2)); or
(e) the Inspector-General fails, without reasonable excuse, to comply with
section 15 (disclosure of interests).
15 Disclosure of interests
The Inspector-General must give written notice to the Minister of all interests,
pecuniary or otherwise, that the Inspector-General has or acquires and that
conflict or could conflict with the proper performance of the Inspector-General's
functions.
16 Acting appointments
The Minister may, by written instrument, appoint a person to act as the
Inspector-General:
(a) during a vacancy in the office of Inspector-General (whether or not an
appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Inspector-General:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the Acts
Interpretation Act 1901.
Part 3--Reviews by the Inspector-General
17 Inspector-General may review administration of provisions
(1) The Inspector-General may review the performance of functions, or exercise of
powers:
(a) under one or more provisions of the Export Control Act 1982 by any person
(other than the Minister) who performs functions or exercises powers under
that Act; or
(b) under one or more provisions of the Australian Meat and Live-stock
Industry Act 1997 by any person (other than the Minister) who performs
functions or exercises powers under that Act.
Note: Although this section lets the Inspector-General review an exercise of
power that may involve a reviewable decision, the Inspector-General
cannot affirm, vary or set aside the decision.
(2) Subsection (1) applies in relation to the performance of a function or the
exercise of a power before, on or after the commencement of this Act.
(3) Subsection (1) does not permit the Inspector-General to review only a single
performance of a function, or a single exercise of a power, by a single
authorised officer.
Note: A review under this section must be more general.
Report on review
(4) The Inspector-General must publish a report on each review the
Inspector-General conducts under this section.
Regulations may deal with reviews and reports
(5) The regulations may make provision for or in relation to:
(a) the process to be followed in conducting a review under this section; and
(b) the content of reports of reviews conducted under this section.
18 Inspector-General may require information etc. for review
(1) The Inspector-General may, by written notice given to a person who the
Inspector-General believes on reasonable grounds has information or
documents relevant to a review under section 17, require the person to:
(a) answer questions, or give information to the Inspector-General in writing,
about the relevant information or documents, by the time specified in the
notice; or
(b) produce the documents to the Inspector-General by the time specified in
the notice.
Note 1: A person may commit an offence or contravene a civil penalty provision
if the person gives false or misleading information (see section 137.1 of
the Criminal Code and section 19 of this Act).
Note 2: A person may commit an offence or contravene a civil penalty provision
if the person provides false or misleading documents (see section 137.2
of the Criminal Code and section 20 of this Act).
(2) The time specified in the notice must be at least 14 days after the notice is
given.
Civil penalty provision
(3) A person who is required to answer questions, give information in writing or
produce documents under subsection (1) must comply with the requirement.
Civil penalty: 30 penalty units.
Self-incrimination
(4) A person is excused from answering a question, giving information or producing
a document under this section if the answer, the information or the production of
the document might tend to incriminate the person or expose the person to a
penalty.
Note: A person who wishes to rely on this subsection bears an evidential
burden in relation to the matters in this subsection (see section 96 of
the Regulatory Powers Act).
Copying documents produced
(5) The Inspector-General:
(a) may make copies of, or take extracts from, a document produced under
subsection (1); and
(b) for that purpose, may remove the document from the place at which it was
produced.
19 Civil penalty provision for false or misleading information
(1) A person is liable to a civil penalty if:
(a) the person gives information in compliance or purported compliance with a
requirement of the Inspector-General under section 18; and
(b) the person does so knowing that the information:
(i) is false or misleading; or
(ii) omits any matter or thing without which the information is misleading.
Civil penalty: 60 penalty units.
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i) if the
information is not false or misleading in a material particular.
Note: A person who wishes to rely on this subsection bears an evidential
burden in relation to the matters in this subsection (see section 96 of
the Regulatory Powers Act).
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii) if the
information did not omit any matter or thing without which the information is
misleading in a material particular.
Note: A person who wishes to rely on this subsection bears an evidential
burden in relation to the matters in this subsection (see section 96 of
the Regulatory Powers Act).
20 Civil penalty provision for false or misleading documents
(1) A person is liable to a civil penalty if:
(a) the person produces a document to the Inspector-General person; and
(b) the person does so knowing that the document is false or misleading; and
(c) the document is produced in compliance or purported compliance with a
requirement of the Inspector-General under section 18.
Civil penalty: 60 penalty units.
(2) Subsection (1) does not apply if the document is not false or misleading in a
material particular.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection (see section 96 of the Regulatory Powers Act).
(3) Subsection (1) does not apply to a person who produces a document if the
document is accompanied by a written statement signed by the person or, in the
case of a body corporate, by a competent officer of the body corporate:
(a) stating that the document is, to the knowledge of the first-mentioned
person, false or misleading in a material particular; and
(b) setting out, or referring to, the material particular in which the document is,
to the knowledge of the first-mentioned person, false or misleading.
Note: A defendant bears an evidential burden in relation to the matter in this
subsection (see section 96 of the Regulatory Powers Act).
Part 4--Miscellaneous
21 Civil penalty provisions
Enforceable civil penalty provision
(1) Each civil penalty provision of this Act is enforceable under Part 4 of the
Regulatory Powers Act.
Note: Part 4 of the Regulatory Powers Act allows a civil penalty provision to
be enforced by obtaining an order for a person to pay a pecuniary
penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers Act, the Inspector-General
is an authorised applicant in relation to the civil penalty provisions referred to in
subsection (1) of this section.
Relevant courts
(3) For the purposes of Part 4 of the Regulatory Powers Act, the Federal Court and
the Federal Circuit Court of Australia are relevant courts in relation to the civil
penalty provisions referred to in subsection (1) of this section.
Liability of Crown
(4) Part 4 of the Regulatory Powers Act, as that Part applies in relation to the civil
penalty provisions of this Act, does not make the Crown liable to a pecuniary
penalty.
22 Immunity from legal action
No action, suit or proceeding may be brought against a person who is, or has
been, the Inspector-General in relation to anything done, or omitted to be done,
in good faith by the Inspector-General:
(a) in the performance, or purported performance, of the Inspector-General's
functions; or
(b) in the exercise, or purported exercise, or the Inspector-General's powers.
23 Regulations
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to
this Act.
Schedule 1--Amendments contingent on the commencement
of the Export Control Act 2018
Inspector-General of Animal Welfare and Live Animal Exports Act 2018
1 Section 4
Omit:
The Inspector-General can review the performance of functions, or the exercise
of powers, under the Australian Meat and Live-stock Industry Act 1997 or the
Export Control Act 1982.
substitute:
The Inspector-General can review the performance of functions, or the exercise
of powers, under the Export Control Act 2018.
2 Subsection 17(1)
Repeal the subsection, substitute:
(1) The Inspector-General may review the performance of functions, or exercise of
powers, under one or more provisions of:
(a) the Export Control Act 2018; or
(b) any instrument made under that Act; or
(c) the Regulatory Powers Act as it applies in relation to that Act;
by any person (other than the Minister) who performs functions or exercises
powers under that Act.
3 Saving--Inspector-General may continue to review matters under old law
(1)Despite the amendment of section 17 of the Inspector-General of Animal Welfare
and Live Animal Exports Act 2018 made by this Schedule, that section continues to
apply, in relation to a performance of a function, or an exercise of a power to which
old subsection 17(1) applies, as if the amendment had not been made.
(2) Subitem (1) has effect despite any repeal of the Export Control Act 1982, the
Australian Meat and Live-stock Industry Act 1997, or any provisions of those
Acts, by any other Act.
(3) In this item:
old subsection 17(1) means subsection 17(1) of the Inspector-General of Animal
Welfare and Live Animal Exports Act 2018, as in force immediately before the
commencement of this item.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act
2011
Inspector-General of Animal Welfare and Live Animal Exports 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 creates an independent Statutory Officer to be known as the Inspector-General of
Animal Welfare and Live Animal Exports. The Inspector-General can review the
performance of functions, or the exercise of powers, under the Australian Meat and
Live-stock Industry Act 1997 or the Export Control Act 1982.
The Inspector-General will provide independent oversight and review of Regulator
exercising powers under the Australian Meat and Live-stock Industry Act 1997 or the
Export Control Act 1982, to ensure industry is fully complying with defined animal welfare
standards and appropriate action is taken in the event of breaches of those standards.
The Inspector-General will also constantly review the methods and practices deployed by
the Regulator in the exercise of its powers and in meeting its responsibilities.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms, including the human
right to work or rights in work.
Conclusion
This Bill is compatible with human rights. The Bill's focus is the welfare of animals in the
agriculture sector and does not raise any human rights issues.
The Hon Joel Fitzgibbon MP