Federal Register of Legislation - Australian Government

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Orders/Other as made
This Order makes it a condition of a live-stock export licence that the licence holder must not export live-stock to any of the places listed in the Export Control (Protection of Animal Welfare) Order 2011. Before exporting live-stock, a licence holder must provide to the Secretary a declaration that the holder has taken reasonable steps to ensure that live-stock will not be taken to any of the places, and evidence that they are not intended to be taken to any of those places. These requirements do not apply if the Minister has given approval for an export under the Export Control (Protection of Animal Welfare) Order 2011.
Administered by: Agriculture, Fisheries and Forestry
Registered 02 Jun 2011
Tabling HistoryDate
Tabled HR14-Jun-2011
Tabled Senate15-Jun-2011
Date of repeal 07 Jul 2011
Repealed by Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No. 2)
Table of contents.

EXPLANATORY STATEMENT

Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011

made under section 17 of the Australian Meat and Live-stock Industry Act 1997

Issued by the authority of the

Secretary of the Department of Agriculture, Fisheries and Forestry

Authority for making the Order

The Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011 (the Order) is made under section 17 of the Australian Meat and Live-stock Industry Act 1997 (the Act). That section authorises the Secretary of the Department of Agriculture, Fisheries and Forestry (the Secretary) to make orders to be complied with by the holders of export licences under the Act.

Purpose of the Order

The purpose of the Order is to address concerns regarding handling and slaughter of Australian live-stock at certain places in Indonesia. These are places in which it is considered that slaughter and related operations are not carried out in accordance with the recommendations and standards set out in the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health (OIE recommendations).

The export of live animals to those places is prohibited by the Export Control (Protection of Animal Welfare) Order 2011 (the ECPAW Order), made on 2 June under the Export Control Act 1982 and regulation 3 of the Export Control (Orders) Regulations 1982. This prohibition is subject to the ability of the Minister to approve an export to a place, in the future, if satisfied that slaughter and related operations at the relevant place are in accordance with the OIE recommendations, or will be by the relevant time. The Order complements the ECPAW Order.

The Order makes it a condition of a live-stock export licence that the licence holder must not export live-stock to any of the listed places. Before exporting live-stock, a licence holder must provide to the Secretary a declaration that the holder has taken reasonable steps to ensure that live-stock will not be taken to any of the places, and evidence that they are not intended to be taken to any of those places. These requirements do not apply if the Minister has given approval for an export under the ECPAW Order.

Documents incorporated in the Order by reference

No documents are incorporated by reference in the Order.

Consultation

Given the circumstances in which the Order needs to be made, detailed consultation with industry has not been possible.

 

Details

 

Section 1 — Name of Order

This section gives the name of the Order.

 

Section 2 — Commencement

The Order commences on the day after it is registered in the Federal Register of Legislative Instruments.

 

Section 3 — Definitions

‘Live-stock export licence’ is defined as having the same meaning as in the Act.

 

Section 4 — Prohibited places of export in Indonesia

This section provides that the holder of a live-stock export licence must not export live-stock to any of the listed places. It is explained that, in this provision, the meaning of export to a place includes export from Australia with the intention or knowledge that the live-stock will be taken to that place in the course of, or following, export. So, for example, if the documentation relating to the export indicates that the live-stock are to be sent to the importer or a facility in Jakarta, but it is intended that the live-stock will be taken from Jakarta to one of the listed places, the export will be prohibited.

 

Section 5 — Declaration and evidence that live-stock will not be exported to prohibited place

Section 5 provides that, before exporting live-stock, the holder of a live-stock export licence must provide to the Secretary a declaration that the holder has taken all reasonable steps to ensure that the live-stock will not be taken to any of the prohibited places.

In addition to the declaration, the licence holder must also give the Secretary evidence that it is not intended that the live-stock be taken to any of the prohibited places. Examples of such evidence could include commercial documentation, and/or a declaration from the operator of a feedlot in Indonesia, or the importer, that the animals will not be taken to one of the prohibited places.

 

Section 6 — Where approval granted by Minister

Sections 4 and 5 do not apply where the Minister has granted approval for the export under the ECPAW Order.

EXPLANATORY STATEMENT

Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011

made under section 17 of the Australian Meat and Live-stock Industry Act 1997

Issued by the authority of the

Secretary of the Department of Agriculture, Fisheries and Forestry

Authority for making the Order

The Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011 (the Order) is made under section 17 of the Australian Meat and Live-stock Industry Act 1997 (the Act). That section authorises the Secretary of the Department of Agriculture, Fisheries and Forestry (the Secretary) to make orders to be complied with by the holders of export licences under the Act.

Purpose of the Order

The purpose of the Order is to address concerns regarding handling and slaughter of Australian live-stock at certain places in Indonesia. These are places in which it is considered that slaughter and related operations are not carried out in accordance with the recommendations and standards set out in the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health (OIE recommendations).

The export of live animals to those places is prohibited by the Export Control (Protection of Animal Welfare) Order 2011 (the ECPAW Order), made on 2 June under the Export Control Act 1982 and regulation 3 of the Export Control (Orders) Regulations 1982. This prohibition is subject to the ability of the Minister to approve an export to a place, in the future, if satisfied that slaughter and related operations at the relevant place are in accordance with the OIE recommendations, or will be by the relevant time. The Order complements the ECPAW Order.

The Order makes it a condition of a live-stock export licence that the licence holder must not export live-stock to any of the listed places. Before exporting live-stock, a licence holder must provide to the Secretary a declaration that the holder has taken reasonable steps to ensure that live-stock will not be taken to any of the places, and evidence that they are not intended to be taken to any of those places. These requirements do not apply if the Minister has given approval for an export under the ECPAW Order.

Documents incorporated in the Order by reference

No documents are incorporated by reference in the Order.

Consultation

Given the urgent requirement for action on this issue, the Secretary of the Department of Agriculture, Fisheries and Forestry is satisfied, pursuant to section 18 of the Legislative Instruments Act 2003 that detailed consultation with industry was inappropriate prior to the Order being made.

 

Details

 

Section 1 — Name of Order

This section gives the name of the Order.

 

Section 2 — Commencement

The Order commences on the day after it is registered in the Federal Register of Legislative Instruments.

 

Section 3 — Definitions

‘Live-stock export licence’ is defined as having the same meaning as in the Act.

 

Section 4 — Prohibited places of export in Indonesia

This section provides that the holder of a live-stock export licence must not export live-stock to any of the listed places. It is explained that, in this provision, the meaning of export to a place includes export from Australia with the intention or knowledge that the live-stock will be taken to that place in the course of, or following, export. So, for example, if the documentation relating to the export indicates that the live-stock are to be sent to the importer or a facility in Jakarta, but it is intended that the live-stock will be taken from Jakarta to one of the listed places, the export will be prohibited.

 

Section 5 — Declaration and evidence that live-stock will not be exported to prohibited place

Section 5 provides that, before exporting live-stock, the holder of a live-stock export licence must provide to the Secretary a declaration that the holder has taken all reasonable steps to ensure that the live-stock will not be taken to any of the prohibited places.

In addition to the declaration, the licence holder must also give the Secretary evidence that it is not intended that the live-stock be taken to any of the prohibited places. Examples of such evidence could include commercial documentation, and/or a declaration from the operator of a feedlot in Indonesia, or the importer, that the animals will not be taken to one of the prohibited places.

 

Section 6 — Where approval granted by Minister

Sections 4 and 5 do not apply where the Minister has granted approval for the export under the ECPAW Order.