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senate vote 2023-11-17#16
Edited by
mackay staff
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2024-06-07 13:35:59
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Title
Bills — Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023; Second Reading- Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023 - in Committee - Animal welfare
Description
<p class="speaker">Sue Lines</p><p>I will now deal with the second reading amendment circulated by Senator Thorpe. The question is that Senator Thorpe's amendment on sheet 2088 be agreed to.</p>-
- The majority voted against [Greens Party amendments](https://www.openaustralia.org.au/senate/?gid=2023-11-17.183.1), which means they failed.
- ### Amendment text
- *SHEET 1974*
- > *(1) Schedule 1, item 3, page 4 (line 3), omit "exports.", substitute "exports;".*
- >
- > *(2) Schedule 1, item 3, page 4 (after line 3), at the end of subsection 3(1), add:*
- >
- >> *(e) to recognise the sentience and intrinsic value of animals and the duty of care people have to ensure the physical and mental welfare of animals in their charge;*
- >
- > *(3) Schedule 1, item 4, page 5 (after line 18), after the definition of ASEL, insert:*
- >
- >> *Additional Department Review functions has the meaning given by subsection 10AA(2).*
- >>
- >> *Additional Reporting functions has the meaning given by subsection 10AA(1).*
- >>
- >> *Live Animal Export Review functions has the meaning given by subsection 10(1).*
- >>
- >> *Oversight and Recognition functions has the meaning given by subsection 10AA(3).*
- >>
- >> *registered establishment has the same meaning as in the Export Control Act 2020.*
- >>
- >> *sentience, of an animal, means the animal's capacity to feel or experience negative and positive physical, mental and emotional states.*
- >
- > *(4) Schedule 1, item 6, page 6 (lines 5 to 14), omit the paragraph beginning "The functions of the Inspector-General are" in section 8, substitute:*
- >
- >> *The Inspector-General has the following functions:*
- >>
- >>> *(a) to undertake Live Animal Export Review functions;*
- >>>
- >>> *(b) to undertake Additional Reporting functions;*
- >>>
- >>> *(c) to undertake Additional Department Review functions;*
- >>>
- >>> *(d) to undertake Oversight and Recognition functions.*
- >
- > *(5) Schedule 1, item 10, page 7 (line 14), before "Functions", insert "Live Animal ExportReview".*
- >
- > *(6) Schedule 1, item 11, page 7 (line 17), omit "Functions", substitute "Live Animal ExportReview functions".*
- >
- > *(7) Schedule 1, item 11, page 7 (line 18), omit "functions", substitute "functions (the Live Animal Export Review functions)".*
- >
- > *(8) Schedule 1, item 13, page 8 (after line 22), before section 10A, insert:*
- >
- >> *10AA Additional animal welfare functions of the Inspector-General*
- >>
- >> *Additional Reporting functions*
- >>
- >> *(1) The Inspector-General has the following functions (the AdditionalReporting functions):*
- >>
- >>> *(a) making the office of the Inspector-General a Centre of Excellence for the collection and dissemination of information about animal welfare issues that impact the Commonwealth;*
- >>>
- >>> *(b) undertaking inquiries, commissioning research and preparing reports about the following issues:*
- >>>
- >>>> *(i) protecting and promoting animal welfare in the export of live animals;*
- >>>>
- >>>> *(ii) the effectiveness of Commonwealth laws that apply to the export of live animals;*
- >>>>
- >>>> *(iii) sustainability and animal welfare issues that arise in respect of killing kangaroos for commercial purposes;*
- >>>>
- >>>> *(iv) the Commonwealth's animal welfare policy;*
- >>>>
- >>>> *(v) scientific and legal issues that arise in respect of the Commonwealth's animal welfare policy;*
- >>>>
- >>>> *(vi) potential animal welfare issues that arise in respect of the Commonwealth's animal welfare policy;*
- >>>>
- >>> *(vii) the importation of animals and animal products into Australia;*
- >>>>
- >>>> *(viii) the management of animal species introduced into Australia;*
- >>>>
- >>>> *(ix) the possible harmonisation of animal welfare laws of the Commonwealth, States and Territories;*
- >>>>
- >>>> *(x) animal welfare issues that arise in respect of Model Codes of Practice for the welfare of animals; and*
- >>>>
- >>>> *(xi) considering academic and scientific research relevant to any of the issues outlined in subparagraphs (i) to (x).*
- >>
- >> *Additional Department Review functions*
- >>
- >> *(2) The Inspector-General has the following functions (the AdditionalDepartment Review functions):*
- >>
- >>> *(a) considering the activities of the Department that relate to any of the following:*
- >>>
- >>>> *(i) monitoring compliance with the Commonwealth's animal welfare laws;*
- >>>>
- >>>> *(ii) the enforcement of the Commonwealth's animal welfare laws;*
- >>>>
- >>>> *(iii) the effectiveness of the Commonwealth's animal welfare laws;*
- >>>
- >>> *(b) considering the effectiveness of the Department's implementation of the Commonwealth's animal welfare policies, including the development and implementation of the Australian Animal Welfare Strategy and its objectives;*
- >>>
- >>> *(c) undertaking inquiries and preparing reports about the matters referred to in paragraphs (a) and (b).*
- >>
- >> *Oversight and Recognition functions*
- >>
- >> *(3) The Inspector-General has the following functions (the Oversight and Recognition functions):*
- >>
- >>> *(a) to have oversight of the Commonwealth's animal welfare laws, including oversight of:*
- >>>
- >>>> *(i) animal welfare standards at registered establishments;*
- >>>>
- >>>> *(ii) animal welfare standards relating to the international trade of wildlife and wildlife products;*
- >>>
- >>> *(b) to promote the recognition of animal sentience within Commonwealth law and practice;*
- >>>
- >>> *(c) to undertake inquiries and prepare reports about the matters referred to in paragraphs (a) and (b).*
- *SHEET 2010*
- > *(1) Schedule 1, Part 1, page 12 (after line 8), at the end of the Part, add:*
- >
- >> *14A At the end of section 13*
- >>
- >> *Add:*
- >>
- >> *(3) A person must not be appointed as the Inspector-General unless the Minister is satisfied that the person has experience and expertise in at least one of the following fields:*
- >>
- >>> *(a) animal welfare science;*
- >>>
- >>> *(b) animal welfare law;*
- >>>
- >>> *(c) animal welfare policy.*
- *SHEET 2011*
- > *(1) Schedule 1, Part 1, page 12 (after line 8), at the end of the Part, add:*
- >
- >> *14B At the end of subsection 22(2)*
- >>
- >>> *Add:*
- >>>
- >>> *; or (f) the Inspector-General fails, without reasonable excuse, to comply with section 22A.*
- >>
- >> *14C At the end of Part 3*
- >>
- >>> *Add:*
- >>>
- >>> *22A Disclosure of interests to the Minister*
- >>>
- >>> *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.*
<p class="italic"> <i>Senator Thorpe's circulated amendment—</i></p><p class="italic">At the end of the motion, add ", but the Senate calls on the Government to:</p><p class="italic">(a) create an independent body tasked specifically with the oversight of the welfare standards of native species to the full extent of the Commonwealth's power; and</p><p class="italic">(b) ensure that the body:</p><p class="italic">(i) recognises First Peoples leadership and strengthens First Peoples sovereign rights to manage, hunt and fish on their ancestral lands, seas and waters,</p><p class="italic">(ii) recognises that the welfare and protection of native animals is linked to the protection of First Peoples cultural heritage, practice and identity,</p><p class="italic">(iii) recognises that native animals are kin and hold a unique position and relationship proximate to country, culture and people in Australia,</p><p class="italic">(iv) recognises that the protection of native animals is paramount in preserving the identity, biodiversity and ecology of every environment across the continent,</p><p class="italic">(v) works with the States and Territories to develop enforceable national welfare standards; and</p><p class="italic">(vi) supports First Peoples land and sea management as it relates to protecting First Peoples rights to hunting and fishing practices".</p><p>Question negatived.</p><p>The question now is that the bill be read a second time.</p><p>Question agreed to.</p><p>Bill read a second time.</p> <p class="speaker">Katy Gallagher</p><p>I table an addendum to the explanatory memorandum related to this bill.</p> <p class="speaker">Sue Lines</p><p>I will now deal with the committee of the whole amendments, starting with the amendment circulated by the Australian Greens. The question is that Australian Greens amendments (1) to (8) on sheet 1974, amendment (1) on sheet 2010 and amendment (1) on sheet 2011 be agreed to.</p><p> <i>Australian </i> <i>Greens</i> <i>'</i> <i> circulated amendments—</i></p><p class="italic">SHEET 1974</p><p class="italic">(1) Schedule 1, item 3, page 4 (line 3), omit "exports.", substitute "exports;".</p><p class="italic">(2) Schedule 1, item 3, page 4 (after line 3), at the end of subsection 3(1), add:</p><p class="italic">(e) to recognise the sentience and intrinsic value of animals and the duty of care people have to ensure the physical and mental welfare of animals in their charge;</p><p class="italic">(3) Schedule 1, item 4, page 5 (after line 18), after the definition of <i>ASEL</i>, insert:</p><p class="italic"><i>Additional Department Review functions</i> has the meaning given by subsection 10AA(2).</p><p class="italic"><i>Additional Reporting functions</i> has the meaning given by subsection 10AA(1).</p><p class="italic"><i>Live Animal Export Review functions</i> has the meaning given by subsection 10(1).</p><p class="italic"><i>Oversight and Recognition functions</i> has the meaning given by subsection 10AA(3).</p><p class="italic"> <i>registered establishment</i> has the same meaning as in the <i>Export Control Act 2020.</i></p><p class="italic"><i>sentience</i>, of an animal, means the animal's capacity to feel or experience negative and positive physical, mental and emotional states.</p><p class="italic">(4) Schedule 1, item 6, page 6 (lines 5 to 14), omit the paragraph beginning "The functions of the Inspector-General are" in section 8, substitute:</p><p class="italic">The Inspector-General has the following functions:</p><p class="italic">(a) to undertake Live Animal Export Review functions;</p><p class="italic">(b) to undertake Additional Reporting functions;</p><p class="italic">(c) to undertake Additional Department Review functions;</p><p class="italic">(d) to undertake Oversight and Recognition functions.</p><p class="italic">(5) Schedule 1, item 10, page 7 (line 14), before "Functions", insert "<i>Live Animal Export</i><i>Review</i>".</p><p class="italic">(6) Schedule 1, item 11, page 7 (line 17), omit "<i>Functions</i>", substitute "<i>Live Animal Export</i><i>Review functions</i>".</p><p class="italic">(7) Schedule 1, item 11, page 7 (line 18), omit "functions", substitute "functions (the <i>Live Animal Export Review functions</i>)".</p><p class="italic">(8) Schedule 1, item 13, page 8 (after line 22), before section 10A, insert:</p><p class="italic">10AA Additional animal welfare functions of the Inspector-General</p><p class="italic"> <i>Additional Reporting functions</i></p><p class="italic">(1) The Inspector-General has the following functions (the <i>Additional</i><i>Reporting functions</i>):</p><p class="italic">(a) making the office of the Inspector-General a Centre of Excellence for the collection and dissemination of information about animal welfare issues that impact the Commonwealth;</p><p class="italic">(b) undertaking inquiries, commissioning research and preparing reports about the following issues:</p><p class="italic">(i) protecting and promoting animal welfare in the export of live animals;</p><p class="italic">(ii) the effectiveness of Commonwealth laws that apply to the export of live animals;</p><p class="italic">(iii) sustainability and animal welfare issues that arise in respect of killing kangaroos for commercial purposes;</p><p class="italic">(iv) the Commonwealth's animal welfare policy;</p><p class="italic">(v) scientific and legal issues that arise in respect of the Commonwealth's animal welfare policy;</p><p class="italic">(vi) potential animal welfare issues that arise in respect of the Commonwealth's animal welfare policy;</p><p class="italic">(vii) the importation of animals and animal products into Australia;</p><p class="italic">(viii) the management of animal species introduced into Australia;</p><p class="italic">(ix) the possible harmonisation of animal welfare laws of the Commonwealth, States and Territories;</p><p class="italic">(x) animal welfare issues that arise in respect of Model Codes of Practice for the welfare of animals; and</p><p class="italic">(xi) considering academic and scientific research relevant to any of the issues outlined in subparagraphs (i) to (x).</p><p class="italic"> <i>Additional Department Review functions</i></p><p class="italic">(2) The Inspector-General has the following functions (the <i>Additional</i><i>Department Review functions</i>):</p><p class="italic">(a) considering the activities of the Department that relate to any of the following:</p><p class="italic">(i) monitoring compliance with the Commonwealth's animal welfare laws;</p><p class="italic">(ii) the enforcement of the Commonwealth's animal welfare laws;</p><p class="italic">(iii) the effectiveness of the Commonwealth's animal welfare laws;</p><p class="italic">(b) considering the effectiveness of the Department's implementation of the Commonwealth's animal welfare policies, including the development and implementation of the Australian Animal Welfare Strategy and its objectives;</p><p class="italic">(c) undertaking inquiries and preparing reports about the matters referred to in paragraphs (a) and (b).</p><p class="italic"> <i>Oversight and Recognition functions</i></p><p class="italic">(3) The Inspector-General has the following functions (the <i>Oversight and Recognition functions</i>):</p><p class="italic">(a) to have oversight of the Commonwealth's animal welfare laws, including oversight of:</p><p class="italic">(i) animal welfare standards at registered establishments;</p><p class="italic">(ii) animal welfare standards relating to the international trade of wildlife and wildlife products;</p><p class="italic">(b) to promote the recognition of animal sentience within Commonwealth law and practice;</p><p class="italic">(c) to undertake inquiries and prepare reports about the matters referred to in paragraphs (a) and (b).</p><p class="italic">SHEET 2010</p><p class="italic">(1) Schedule 1, Part 1, page 12 (after line 8), at the end of the Part, add:</p><p class="italic">14A At the end of section 13</p><p class="italic">Add:</p><p class="italic">(3) A person must not be appointed as the Inspector-General unless the Minister is satisfied that the person has experience and expertise in at least one of the following fields:</p><p class="italic">(a) animal welfare science;</p><p class="italic">(b) animal welfare law;</p><p class="italic">(c) animal welfare policy.</p><p class="italic">SHEET 2011</p><p class="italic">(1) Schedule 1, Part 1, page 12 (after line 8), at the end of the Part, add:</p><p class="italic">14B At the end of subsection 22(2)</p><p class="italic">Add:</p><p class="italic">; or (f) the Inspector-General fails, without reasonable excuse, to comply with section 22A.</p><p class="italic">14C At the end of Part 3</p><p class="italic">Add:</p><p class="italic">22A Disclosure of interests to the Minister</p><p class="italic">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.</p><p></p> -
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