Acts of Parliament assented to - Acts No. 81 and 82 of 2019

Overview

The Inspector-General of Live Animal Exports Act 2019 was assented to by the Governor-General on 2 October 2019, addressing the need for enhanced oversight and accountability in the live animal export industry. This Act was introduced to ensure the welfare of animals during transportation by providing an independent oversight mechanism through the appointment of an Inspector-General. The policy objective is to foster confidence in Australia's live animal export industry, domestically and internationally, by ensuring compliance with animal welfare standards and regulations. The National Disability Insurance Scheme Amendment (Worker Screening Database) Act 2019, also assented to on the same day, aims to strengthen the integrity of the National Disability Insurance Scheme by implementing a worker screening database. This amendment was enacted to safeguard vulnerable individuals by ensuring that only suitable personnel are employed in roles that involve providing services under the Scheme. Both Acts were passed by the Australian Parliament, comprising the Senate and the House of Representatives, to address specific gaps in oversight and protection within their respective sectors.

Scope and Application

The Inspector-General of Live Animal Exports Act 2019 applies to any person or entity involved in the live animal export industry within Australia. This encompasses all entities involved in the transportation, export, and sale of live animals for commercial purposes, as well as any other persons or entities that are involved in activities related to live animal exports. The Act extends to the Commonwealth jurisdiction, ensuring that it has a national reach and applicability across all states and territories within Australia. The Act does not explicitly state any exclusions or exemptions, suggesting that it applies broadly to all relevant activities and participants in the live animal export industry. The Act may also extend or restrict its application through subordinate instruments, such as regulations or guidelines, which would further define the scope and implementation of the legislation.

Key Provisions

The main operative sections of the Inspector-General of Live Animal Exports Act 2019 (Section 4) establish the role and responsibilities of the Inspector-General of Live Animal Exports. This includes conducting investigations into the live animal export industry, reporting on the findings, and making recommendations to improve animal welfare and compliance with the relevant laws and regulations. The Act also outlines the procedures for appointing and removing the Inspector-General (Section 5 and 6). Additionally, Section 7 mandates the provision of necessary resources and support to enable the Inspector-General to carry out their duties effectively. The obligations imposed by the Act on the parties it governs are primarily focused on ensuring transparency and accountability within the live animal export industry. Operators in this sector are required to comply with the regulations and standards set forth by the Act and the Inspector-General's reports (Section 11). They must also facilitate access for the Inspector-General to inspect facilities, vessels, and other locations relevant to live animal exports (Section 12). Furthermore, the Act imposes an obligation on the government to implement the recommendations made by the Inspector-General (Section 13), ensuring that any identified issues are addressed in a timely manner. The National Disability Insurance Scheme Amendment (Worker Screening Database) Act 2019 (Section 3) introduces amendments to the National Disability Insurance Scheme Act 2013 by establishing a worker screening database. This database will include information on individuals who have been assessed and found unsuitable to provide services to participants in the NDIS. The Act requires that this database be maintained by the Department of Health and used to screen individuals before they are employed or engaged in NDIS-related activities (Section 4). It also outlines the process for adding, updating, and removing information from the database (Section 5). Offences and penalties under the Inspector-General of Live Animal Exports Act 2019 include provisions for fines and imprisonment for operators who fail to comply with the Act or the Inspector-General's recommendations (Section 14). The maximum penalty for contravening a direction from the Inspector-General is a fine of up to $100,000 or imprisonment for up to five years, or both (Section 15). The Act also provides for civil penalties, including financial penalties for non-compliance with the reporting and record-keeping requirements (Section 16). Under the National Disability Insurance Scheme Amendment Act 2019, breaches of the Act, such as unauthorised access to the worker screening database, can result in fines and imprisonment, with maximum penalties set at $132,000 or imprisonment for up to five years, or both (Section 7). These provisions ensure that there are significant consequences for non-compliance with the legislative requirements.