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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Inspector-General of Live Animal
Exports Bill 2019
No. , 2019
(Agriculture)
A Bill for an Act to provide for the appointment of
an Inspector-General of Live Animal Exports, and
for related purposes
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Objects of this Act ............................................................................. 2
4
Simplified outline of this Act ............................................................ 2
5
Definitions ......................................................................................... 3
6
Act binds the Crown .......................................................................... 4
7
Application of this Act ...................................................................... 5
Part 2--Establishment and functions and powers of the
Inspector-General of Live Animal Exports
6
8
Simplified outline of this Part ............................................................ 6
9
Inspector-General of Live Animal Exports ........................................ 6
10
Inspector-General may conduct reviews ............................................ 6
11
Inspector-General may require information etc. for review ............... 7
Part 3--Administrative provisions
9
12
Simplified outline of this Part ............................................................ 9
13
Appointment ...................................................................................... 9
14
Acting appointments .......................................................................... 9
15
Term of office .................................................................................. 10
16
Application of finance law .............................................................. 10
17
Remuneration .................................................................................. 10
18
Leave of absence for full-time Inspector-General ........................... 11
19
Engaging in other paid work............................................................ 11
20
Other terms and conditions .............................................................. 11
21
Resignation ...................................................................................... 11
22
Termination of appointment ............................................................ 12
Part 4--Information management
13
23
Simplified outline of this Part .......................................................... 13
24
Authorisation to use or disclose protected information in
performing functions or exercising powers under this Act .............. 13
25
Authorisation to use or disclose protected information for
purposes of proceedings .................................................................. 13
26
Authorisation to use or disclose protected information for
purposes of enforcement related activity ......................................... 14
27
Authorisation to use or disclose protected information if
required by another Australian law .................................................. 14
ii
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
28
Authorisation to disclose protected information to person to
whom information relates, or to use or disclose protected
information with consent ................................................................. 14
29
Authorisation to disclose protected information to person
who provided information ............................................................... 15
30
Rules may authorise use or disclosure of protected
information for other purposes ........................................................ 15
31
Unauthorised use or disclosure of protected information ................ 15
Part 5--Compliance and enforcement
17
32
Simplified outline of this Part .......................................................... 17
33
Civil penalties under Part 4 of the Regulatory Powers Act .............. 17
34
Civil penalty provision for false or misleading information ............ 18
35
Civil penalty provision for false or misleading documents .............. 19
Part 6--Miscellaneous
20
36
Simplified outline of this Part .......................................................... 20
37
Reporting misconduct by live-stock export officials ....................... 20
38
Privilege against self-incrimination ................................................. 20
39
Protection from liability................................................................... 21
40
Annual report ................................................................................... 21
41
Rules ................................................................................................ 22
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
1
A Bill for an Act to provide for the appointment of
1
an Inspector-General of Live Animal Exports, and
2
for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the Inspector-General of Live Animal Exports Act
8
2019.
9
Part 1 Preliminary
Section 2
2
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
The whole of this
Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Objects of this Act
13
The objects of this Act are:
14
(a) to promote continual improvements in the regulatory
15
practice, performance and culture of the Department in its
16
role as the regulator of Australia's live-stock exports; and
17
(b) to provide an additional layer of accountability and assurance
18
over the regulation of Australia's live-stock exports.
19
4 Simplified outline of this Act
20
This Act establishes the office of the Inspector-General of Live
21
Animal Exports, sets out the Inspector-General's functions and
22
powers and deals with other matters relating to the role of the
23
Inspector-General (including administrative matters and the
24
management of information obtained under this Act).
25
Preliminary Part 1
Section 5
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
3
The main function of the Inspector-General is to review the
1
conduct of certain kinds of government officials (called live-stock
2
export officials) in relation to the export of live-stock, and to
3
publish a report on each review.
4
5 Definitions
5
In this Act:
6
Australian law means a law of the Commonwealth, or of a State or
7
Territory.
8
Australian national means:
9
(a) an Australian citizen; or
10
(b) a body corporate established by or under an Australian law.
11
Australian resident means:
12
(a) an individual who is usually resident in Australia and whose
13
continued presence in Australia is not subject to a limitation
14
as to time imposed by law; or
15
(b) a body corporate that has its principal place of business in
16
Australia.
17
civil penalty provision has the same meaning as in the Regulatory
18
Powers Act.
19
enforcement body has the same meaning as in the Privacy Act
20
1988.
21
enforcement related activity has the same meaning as in the
22
Privacy Act 1988.
23
foreign person or body means any of the following:
24
(a) an individual who is not an Australian national or an
25
Australian resident;
26
(b) a body corporate that is not an Australian national or an
27
Australian resident;
28
(c) a body politic of a foreign country.
29
Part 1 Preliminary
Section 6
4
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
Inspector-General means the Inspector-General of Live Animal
1
Exports referred to in section 9.
2
live-stock has the same meaning as in the Australian Meat and
3
Live-stock Industry Act 1997.
4
live-stock export official means any of the following:
5
(a) an authorised officer within the meaning of Part 2 of the
6
Australian Meat and Live-stock Industry Act 1997;
7
(b) an authorised officer within the meaning of the Export
8
Control Act 1982;
9
(c) an accredited veterinarian within the meaning of the Export
10
Control Act 1982;
11
(d) the Secretary or a delegate of the Secretary.
12
paid work means work for financial gain or reward (whether as an
13
employee, a self-employed person or otherwise).
14
protected information means information obtained under, or in
15
accordance with, this Act.
16
Regulatory Powers Act means the Regulatory Powers (Standard
17
Provisions) Act 2014.
18
rules means rules made under section 41.
19
Secretary means the Secretary of the Department.
20
use, in relation to information, includes make a record of.
21
6 Act binds the Crown
22
(1) This Act binds the Crown in each of its capacities.
23
(2) This Act does not make the Crown liable to be:
24
(a) prosecuted for an offence; or
25
(b) subject to civil proceedings for a civil penalty order under
26
Part 4 of the Regulatory Powers Act.
27
Preliminary Part 1
Section 7
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
5
7 Application of this Act
1
(1) This Act applies both within and outside Australia.
2
(2) However, sections 11, 31, 34 and 35 do not apply to a foreign
3
person or body outside Australia.
4
Part 2 Establishment and functions and powers of the Inspector-General of Live
Animal Exports
Section 8
6
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
Part 2--Establishment and functions and powers of
1
the Inspector-General of Live Animal
2
Exports
3
4
8 Simplified outline of this Part
5
This Part establishes the office of the Inspector-General of Live
6
Animal Exports and sets out the Inspector-General's functions and
7
powers.
8
The Inspector-General may conduct reviews of the performance of
9
functions, or exercise of powers, by certain kinds of government
10
officials (called live-stock export officials) in relation to the export
11
of live-stock.
12
The Inspector-General must publish a report on each review.
13
The Inspector-General may require a person to answer questions,
14
give information or produce documents if the Inspector-General
15
reasonably believes that the person has information or documents
16
that are relevant to a review. A person who does not comply with
17
such a requirement may be liable to a civil penalty.
18
9 Inspector-General of Live Animal Exports
19
There is to be an Inspector-General of Live Animal Exports.
20
10 Inspector-General may conduct reviews
21
(1) The Inspector-General may review the performance of functions,
22
or exercise of powers, by live-stock export officials in relation to
23
the export of live-stock under the following:
24
(a) Part 2 of the Australian Meat and Live-stock Industry Act
25
1997 or an instrument made for the purposes of that Part;
26
Establishment and functions and powers of the Inspector-General of Live Animal
Exports Part 2
Section 11
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
7
(b) the Export Control Act 1982 or an instrument made under
1
that Act.
2
(2) Subsection (1) does not permit the Inspector-General to review
3
only a single performance of a function, or a single exercise of a
4
power, by a single live-stock export official.
5
Note:
The Inspector-General's role is to provide accountability and
6
assurance in relation to Australia's live-stock export regulatory
7
systems through independent evaluation and verification of regulatory
8
practices. The Inspector-General may review the performance of
9
functions and exercise of powers by live-stock export officials
10
(including the Secretary) and may make recommendations for overall
11
system improvements.
12
Report on review
13
(3) The Inspector-General must publish a report on each review the
14
Inspector-General conducts under this section.
15
Rules may deal with reviews and reports
16
(4) The rules may make provision for or in relation to:
17
(a) the process to be followed in conducting a review under this
18
section; and
19
(b) the content of reports of reviews conducted under this
20
section.
21
11 Inspector-General may require information etc. for review
22
(1) The Inspector-General may, by written notice given to a person
23
who the Inspector-General reasonably believes has information or
24
documents relevant to a review under section 10, require the
25
person to:
26
(a) answer questions, or give information in writing, about the
27
relevant information or documents by the time specified in
28
the notice; or
29
(b) produce the documents to the Inspector-General by the time
30
specified in the notice.
31
Note:
A person may commit an offence or be liable to a civil penalty if the
32
person gives false or misleading information or produces false or
33
Part 2 Establishment and functions and powers of the Inspector-General of Live
Animal Exports
Section 11
8
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
misleading documents (see sections 137.1 and 137.2 of the Criminal
1
Code and sections 34 and 35 of this Act).
2
(2) The time specified in the notice must be at least 14 days after the
3
notice is given.
4
Civil penalty provision
5
(3) A person who is required to answer questions, give information in
6
writing or produce documents under subsection (1) must comply
7
with the requirement.
8
Note:
This subsection is not subject to the privilege against
9
self-incrimination (see section 38).
10
Civil penalty:
240 penalty units.
11
Copying documents produced
12
(4) The Inspector-General:
13
(a) may make copies of, or take extracts from, a document
14
produced under subsection (1); and
15
(b) for that purpose, may remove the document from the place at
16
which it was produced.
17
Administrative provisions Part 3
Section 12
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
9
Part 3--Administrative provisions
1
2
12 Simplified outline of this Part
3
This Part deals with administrative matters relating to the office of
4
the Inspector-General, including the appointment of the
5
Inspector-General and the terms and conditions on which the
6
Inspector-General holds office.
7
13 Appointment
8
(1) The Inspector-General is to be appointed by the Minister by written
9
instrument.
10
Note:
The Inspector-General may be reappointed, subject to
11
subsection 15(2) (see section 33AA of the Acts Interpretation Act
12
1901).
13
(2) The Inspector-General may be appointed on a full-time or
14
part-time basis.
15
14 Acting appointments
16
The Minister may, by written instrument, appoint a person to act as
17
the Inspector-General:
18
(a) during a vacancy in the office of Inspector-General (whether
19
or not an appointment has previously been made to the
20
office); or
21
(b) during any period, or during all periods, when the
22
Inspector-General:
23
(i) is absent from duty or from Australia; or
24
(ii) is, for any reason, unable to perform the duties of the
25
office.
26
Note:
For rules that apply to acting appointments, see sections 33AB and
27
33A of the Acts Interpretation Act 1901.
28
Part 3 Administrative provisions
Section 15
10
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
15 Term of office
1
(1) The Inspector-General holds office for the period specified in the
2
instrument of appointment. The period must not exceed 5 years.
3
(2) The Inspector-General must not hold office for a total of more than
4
10 years.
5
16 Application of finance law
6
For the purposes of the finance law (within the meaning of the
7
Public Governance, Performance and Accountability Act 2013),
8
the Inspector-General is an official of the Department.
9
17 Remuneration
10
(1) The Inspector-General is to be paid the remuneration that is
11
determined by the Remuneration Tribunal. If no determination of
12
that remuneration by the Tribunal is in operation, the
13
Inspector-General is to be paid the remuneration that is prescribed
14
under subsection (5).
15
(2) The Inspector-General is to be paid the allowances that are
16
prescribed under subsection (5).
17
(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1973
18
do not apply in relation to the office of the Inspector-General of
19
Live Animal Exports.
20
Note:
The effect of this subsection is that remuneration or allowances of the
21
Inspector-General of Live Animal Exports will be paid out of money
22
appropriated by an Act other than the Remuneration Tribunal Act
23
1973.
24
(4) This section has effect subject to the Remuneration Tribunal Act
25
1973 (except as provided by subsection (3)).
26
(5) The Minister may, by legislative instrument, prescribe:
27
(a) remuneration for the purposes of subsection (1); and
28
(b) allowances for the purposes of subsection (2).
29
Administrative provisions Part 3
Section 18
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
11
18 Leave of absence for full-time Inspector-General
1
(1) If the Inspector-General is appointed on a full-time basis, the
2
Inspector-General has the recreation leave entitlements that are
3
determined by the Remuneration Tribunal.
4
(2) If the Inspector-General is appointed on a full-time basis, the
5
Minister may grant the Inspector-General leave of absence, other
6
than recreation leave, on the terms and conditions as to
7
remuneration or otherwise that the Minister determines.
8
19 Engaging in other paid work
9
Full-time Inspector-General
10
(1) If the Inspector-General is appointed on a full-time basis, the
11
Inspector-General must not engage in paid work outside the duties
12
of the Inspector-General's office without the Minister's approval.
13
Part-time Inspector-General
14
(2) If the Inspector-General is appointed on a part-time basis, the
15
Inspector-General must not engage in any paid work that conflicts
16
or may conflict with the proper performance of the
17
Inspector-General's duties.
18
20 Other terms and conditions
19
The Inspector-General holds office on the terms and conditions (if
20
any) in relation to matters not covered by this Act that are
21
determined by the Minister.
22
21 Resignation
23
(1) The Inspector-General may resign the Inspector-General's
24
appointment by giving the Minister a written resignation.
25
(2) The resignation takes effect on the day it is received by the
26
Minister or, if a later day is specified in the resignation, on that
27
later day.
28
Part 3 Administrative provisions
Section 22
12
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
22 Termination of appointment
1
(1) The Minister may terminate the appointment of the
2
Inspector-General:
3
(a) for misbehaviour; or
4
(b) if the Inspector-General is unable to perform the duties of the
5
Inspector-General's office because of physical or mental
6
incapacity.
7
(2) The Minister may terminate the appointment of the
8
Inspector-General if:
9
(a) the Inspector-General:
10
(i) becomes bankrupt; or
11
(ii) takes steps to take the benefit of any law for the relief of
12
bankrupt or insolvent debtors; or
13
(iii) compounds with one or more of the Inspector-General's
14
creditors; or
15
(iv) makes an assignment of the Inspector-General's
16
remuneration for the benefit of one or more of the
17
Inspector-General's creditors; or
18
(b) if the Inspector-General is appointed on a full-time basis--
19
the Inspector-General is absent, except on leave of absence,
20
for 14 consecutive days or for 28 days in any 12 months; or
21
(c) if the Inspector-General is appointed on a full-time basis--
22
the Inspector-General engages, except with the Minister's
23
approval, in paid work outside the duties of the
24
Inspector-General's office (see subsection 19(1)); or
25
(d) if the Inspector-General is appointed on a part-time basis--
26
the Inspector-General engages in paid work that conflicts or
27
may conflict with the proper performance of the
28
Inspector-General's duties (see subsection 19(2)); or
29
(e) the Inspector-General fails, without reasonable excuse, to
30
comply with section 29 of the Public Governance,
31
Performance and Accountability Act 2013 (which deals with
32
the duty to disclose interests) or rules made for the purposes
33
of that section.
34
Information management Part 4
Section 23
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
13
Part 4--Information management
1
2
23 Simplified outline of this Part
3
Information (called protected information) may be obtained under,
4
or in accordance with, this Act.
5
This Part sets out the circumstances in which that information may
6
be used or disclosed.
7
A person who obtains protected information in the course of, or for
8
the purposes of, performing functions or duties or exercising
9
powers under this Act may commit an offence if the person uses or
10
discloses the information other than in certain circumstances.
11
24 Authorisation to use or disclose protected information in
12
performing functions or exercising powers under this Act
13
A person who obtains protected information may use or disclose
14
the information in performing functions or duties or exercising
15
powers under this Act.
16
Note 1:
This section constitutes an authorisation for the purposes of the
17
Privacy Act 1988 and other laws (including the common law).
18
Note 2:
Use, in relation to information, includes make a record of (see the
19
definition of use in section 5).
20
25 Authorisation to use or disclose protected information for
21
purposes of proceedings
22
A person who obtains protected information may disclose the
23
information:
24
(a) to a court or tribunal, or in accordance with an order of a
25
court or tribunal, for the purposes of proceedings; or
26
(b) to a coronial inquiry, or in accordance with an order of a
27
coroner, for the purposes of a coronial inquiry.
28
Part 4 Information management
Section 26
14
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
Note:
This section constitutes an authorisation for the purposes of the
1
Privacy Act 1988 and other laws.
2
26 Authorisation to use or disclose protected information for
3
purposes of enforcement related activity
4
(1) A person who obtains protected information may use the
5
information, or disclose the information to an enforcement body, if
6
the person reasonably believes that the use or disclosure is
7
reasonably necessary for, or directly related to, one or more
8
enforcement related activities being conducted by, or on behalf of,
9
that enforcement body.
10
Note:
This subsection constitutes an authorisation for the purposes of the
11
Privacy Act 1988 and other laws (including the common law).
12
(2) An enforcement body to which protected information is disclosed
13
under subsection (1) may use or disclose the information for the
14
purposes of conducting one or more enforcement related activities.
15
Note:
This subsection constitutes an authorisation for the purposes of the
16
Privacy Act 1988 and other laws (including the common law).
17
27 Authorisation to use or disclose protected information if required
18
by another Australian law
19
A person who obtains protected information may use or disclose
20
the information if the use or disclosure is required under an
21
Australian law other than this Act.
22
Note:
This section constitutes an authorisation for the purposes of the
23
Privacy Act 1988 and other laws (including the common law).
24
28 Authorisation to disclose protected information to person to
25
whom information relates, or to use or disclose protected
26
information with consent
27
(1) A person who obtains protected information may disclose the
28
information to the person to whom the information relates.
29
Note:
This subsection constitutes an authorisation for the purposes of the
30
Privacy Act 1988 and other laws (including the common law).
31
Information management Part 4
Section 29
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
15
(2) A person (the first person) who obtains protected information may
1
use or disclose the information for a purpose if the person to whom
2
the information relates has expressly consented to the first person
3
using or disclosing the information for that purpose.
4
Note:
This subsection constitutes an authorisation for the purposes of the
5
Privacy Act 1988 and other laws (including the common law).
6
29 Authorisation to disclose protected information to person who
7
provided information
8
A person who obtains protected information may disclose the
9
information to the person who provided the information.
10
Note:
This section constitutes an authorisation for the purposes of the
11
Privacy Act 1988 and other laws (including the common law).
12
30 Rules may authorise use or disclosure of protected information
13
for other purposes
14
The rules may authorise a person who obtains protected
15
information to use or disclose the information for purposes other
16
than those referred to in sections 24 to 29.
17
Note:
A disclosure that is authorised by rules made for the purposes of this
18
section is an authorised disclosure for the purposes of the Privacy Act
19
1988 and other laws (including the common law).
20
31 Unauthorised use or disclosure of protected information
21
Fault-based offence
22
(1) A person commits an offence if:
23
(a) the person obtains protected information in the course of, or
24
for the purposes of, performing functions or duties or
25
exercising powers under this Act; and
26
(b) the person uses or discloses the information; and
27
(c) the use or disclosure is not authorised by a provision in this
28
Part or by rules made for the purposes of section 30.
29
Penalty: Imprisonment for 2 years or 120 penalty units, or both.
30
Part 4 Information management
Section 31
16
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
Exception for use or disclosure in good faith
1
(2) Subsection (1) does not apply to a person to the extent that the
2
person uses or discloses protected information in good faith and in
3
purported compliance with a provision in this Part or with rules
4
made for the purposes of section 30.
5
Note:
A defendant bears an evidential burden in relation to the matter in this
6
subsection (see subsection 13.3(3) of the Criminal Code).
7
Compliance and enforcement Part 5
Section 32
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
17
Part 5--Compliance and enforcement
1
2
32 Simplified outline of this Part
3
Civil penalty orders may be sought under Part 4 of the Regulatory
4
Powers Act from a relevant court in relation to contraventions of
5
civil penalty provisions of this Act.
6
If a person is required by the Inspector-General to provide
7
information or documents, the person may be liable to a civil
8
penalty if the person provides information or documents that are
9
false or misleading.
10
33 Civil penalties under Part 4 of the Regulatory Powers Act
11
(1) Each civil penalty provision of this Act is enforceable under Part 4
12
of the Regulatory Powers Act.
13
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
14
be enforced by obtaining an order for a person to pay a pecuniary
15
penalty for the contravention of the provision.
16
Authorised applicant
17
(2) For the purposes of Part 4 of the Regulatory Powers Act, the
18
Secretary is an authorised applicant in relation to the civil penalty
19
provisions of this Act.
20
Relevant court
21
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
22
the following courts is a relevant court in relation to the civil
23
penalty provisions of this Act:
24
(a) the Federal Court of Australia;
25
(b) the Federal Circuit Court of Australia;
26
(c) a court of a State or Territory that has jurisdiction in relation
27
to matters arising under this Act.
28
Part 5 Compliance and enforcement
Section 34
18
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
Application
1
(4) Part 4 of the Regulatory Powers Act, as it applies in relation to the
2
civil penalty provisions of this Act, applies both within and outside
3
Australia.
4
34 Civil penalty provision for false or misleading information
5
(1) A person is liable to a civil penalty if:
6
(a) the person gives information (whether by giving an answer to
7
a question or in writing) in compliance or purported
8
compliance with subsection 11(3); and
9
(b) the person does so knowing that the information:
10
(i) is false or misleading; or
11
(ii) omits any matter or thing without which the information
12
is misleading.
13
Civil penalty:
240 penalty units.
14
(2) Subsection (1) does not apply as a result of subparagraph (1)(b)(i)
15
if the information is not false or misleading in a material particular.
16
Note:
A defendant bears an evidential burden in relation to the matter in this
17
subsection (see section 96 of the Regulatory Powers Act).
18
(3) Subsection (1) does not apply as a result of subparagraph (1)(b)(ii)
19
if the information did not omit any matter or thing without which
20
the information is misleading in a material particular.
21
Note:
A defendant bears an evidential burden in relation to the matter in this
22
subsection (see section 96 of the Regulatory Powers Act).
23
(4) Subsection (1) does not apply if, before the information was given
24
by a person to another person (the official) in compliance or
25
purported compliance with subsection 11(3), the official did not
26
take reasonable steps to inform the person that the person may be
27
liable to a civil penalty for contravening subsection (1) of this
28
section.
29
Note:
A defendant bears an evidential burden in relation to the matter in this
30
subsection (see section 96 of the Regulatory Powers Act).
31
Compliance and enforcement Part 5
Section 35
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
19
(5) For the purposes of subsection (4), it is sufficient if the following
1
form of words is used:
2
"You may be liable to a civil penalty for giving false or misleading
3
information".
4
35 Civil penalty provision for false or misleading documents
5
(1) A person is liable to a civil penalty if:
6
(a) the person produces a document to another person; and
7
(b) the person does so knowing that the document is false or
8
misleading; and
9
(c) the document is produced in compliance or purported
10
compliance with subsection 11(3).
11
Civil penalty:
240 penalty units.
12
(2) Subsection (1) does not apply if the document is not false or
13
misleading in a material particular.
14
Note:
A defendant bears an evidential burden in relation to the matter in this
15
subsection (see section 96 of the Regulatory Powers Act).
16
(3) Subsection (1) does not apply to a person who produces a
17
document if the document is accompanied by a written statement
18
signed by the person or, in the case of a body corporate, by a
19
competent officer of the body corporate:
20
(a) stating that the document is, to the knowledge of the
21
first-mentioned person, false or misleading in a material
22
particular; and
23
(b) setting out, or referring to, the material particular in which
24
the document is, to the knowledge of the first-mentioned
25
person, false or misleading.
26
Note:
A defendant bears an evidential burden in relation to the matter in this
27
subsection (see section 96 of the Regulatory Powers Act).
28
Part 6 Miscellaneous
Section 36
20
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
Part 6--Miscellaneous
1
2
36 Simplified outline of this Part
3
This Part contains miscellaneous provisions dealing with other
4
matters, including additional duties of the Inspector-General, the
5
privilege against self-incrimination, and protection for the
6
Inspector-General and certain other people from civil proceedings.
7
37 Reporting misconduct by live-stock export officials
8
If the Inspector-General forms the opinion either before, during or
9
after conducting a review:
10
(a) that a live-stock export official has engaged in misconduct;
11
and
12
(b) that the evidence is of sufficient weight to justify the
13
Inspector-General doing so;
14
the Inspector-General must report the evidence to:
15
(c) if the live-stock export official is or was the Secretary--the
16
Minister; or
17
(d) otherwise--the Secretary.
18
38 Privilege against self-incrimination
19
Privilege does not apply in relation to section 11
20
(1) A person is not excused from answering a question, giving
21
information or producing a document under section 11 on the
22
ground that the answer, the information or the production of the
23
document might tend to incriminate the person or make the person
24
liable to a penalty.
25
Use/derivative use immunity applies
26
(2) However, in the case of an individual:
27
Miscellaneous Part 6
Section 39
No. , 2019
Inspector-General of Live Animal Exports Bill 2019
21
(a) the answer or information given or the document produced;
1
and
2
(b) answering the question, giving the information or producing
3
the document; and
4
(c) any information, document or thing obtained as a direct or
5
indirect consequence of answering the question, giving the
6
information or producing the document;
7
are not admissible in evidence against the individual in any
8
criminal or civil proceedings, except proceedings under, or arising
9
out of, section 137.1 or 137.2 of the Criminal Code or section 34 or
10
35 of this Act (false or misleading information or documents) in
11
relation to answering the question, giving the information or
12
producing the document.
13
Privilege not otherwise affected
14
(3) Except as provided by subsection (1), nothing in this Act affects
15
the right of an individual to refuse to answer a question, give
16
information or produce a document on the ground that the answer,
17
the information or the production of the document might tend to
18
incriminate the individual or make the individual liable to a
19
penalty.
20
39 Protection from liability
21
(1) This section applies to the following persons (protected persons):
22
(a) the Inspector-General;
23
(b) a person acting under the Inspector-General's authority.
24
(2) A protected person is not liable to civil proceedings for loss,
25
damage or injury of any kind suffered by another person as a result
26
of the performance or exercise, in good faith, of the protected
27
person's functions, powers or duties under or in relation to this
28
Act.
29
40 Annual report
30
(1) The Inspector-General must, as soon as practicable after the end of
31
each financial year, prepare and give to the Minister a report on the
32
activities of the Inspector-General during the financial year.
33
Part 6 Miscellaneous
Section 41
22
Inspector-General of Live Animal Exports Bill 2019
No. , 2019
(2) The report prepared by the Inspector-General for a financial year:
1
(a) must include the number of reviews under section 10 started
2
during the year and the number of reviews under that section
3
completed during the year; and
4
(b) may include any other information relating to the
5
Inspector-General's functions or role that the
6
Inspector-General considers appropriate.
7
41 Rules
8
(1) The Minister may, by legislative instrument, make rules
9
prescribing matters:
10
(a) required or permitted by this Act to be prescribed by the
11
rules; or
12
(b) necessary or convenient to be prescribed for carrying out or
13
giving effect to this Act.
14
(2) To avoid doubt, the rules may not do the following:
15
(a) create an offence or civil penalty;
16
(b) provide powers of:
17
(i) arrest or detention; or
18
(ii) entry, search or seizure;
19
(c) impose a tax;
20
(d) set an amount to be appropriated from the Consolidated
21
Revenue Fund under an appropriation in this Act;
22
(e) directly amend the text of this Act.
23