Federal Register of Legislation - Australian Government

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Orders/Other as amended, taking into account amendments up to Australian Meat and Live-stock Industry (Standards) Amendment (Reportable Sheep Mortality Level) Order 2018
Administered by: Agriculture
Registered 11 Jul 2018
Start Date 07 Jul 2018
Table of contents.

Commonwealth Coat of Arms of Australia

Australian Meat and Live-stock Industry (Standards) Order 2005

made under the

Australian Meat and Live-stock Industry Act 1997

Compilation No. 7

Compilation date:                              7 July 2018

Includes amendments up to:            F2018L01009

Registered:                                         11 July 2018

 

 

 

 

 

 

 

 

 

About this compilation

This compilation

This is a compilation of the Australian Meat and Live-stock Industry (Standards) Order 2005 that shows the text of the law as amended and in force on 7 July 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1  Name of Order......................................................................................................................... 1

3  Export of live‑stock in accordance with standards.................................................................... 1

4  Obligations under Export Control (Animals) Order 2004 not affected.................................... 1

5  Sheep exported by sea—reportable mortality level................................................................... 1

Endnotes                                                                                                                        4

Endnote 1—About the endnotes                                                                              4

Endnote 2—Abbreviation key                                                                                 5

Endnote 3—Legislation history                                                                              6

Endnote 4—Amendment history                                                                             7


 

 

1  Name of Order

                   This Order is the Australian Meat and Live‑stock Industry (Standards) Order 2005.

3  Export of live‑stock in accordance with standards

             (1)  The holder of a live‑stock export licence must not export live‑stock except in accordance with the Australian Standards for the Export of Livestock (Version 2.3) 2011.

Note:          The Australian Standards for the Export of Livestock (Version 2.3) 2011 could in 2016 be viewed on the Department’s website (www.agriculture.gov.au).

             (2)  For subsection (1), a reference in the Australian Standards for the Export of Livestock (Version 2.3) 2011 to any of the following is taken to include a reference to a plan for the export of live‑stock prepared by the holder of a live‑stock export licence under an approved arrangement for the holder within the meaning of the Export Control (Animals) Order 2004:

                     (a)  consignment risk management plan;

                     (b)  CRMP;

                     (c)  approved CRMP;

                     (d)  approved consignment risk management plan;

                     (e)  risk management plan for the consignment;

                      (f)  approved NOI and CRMP;

                     (g)  NOI.

Note:          This subsection has the effect that the holder of a live‑stock export licence may comply with subsection (1) by doing, in connection with a plan for the export of live‑stock prepared by the holder under an approved arrangement, a thing that the Australian Standards for the Export of Livestock (Version 2.3) 2011 require or permit to be done in connection with any of the things mentioned in paragraphs (a) to (g) of this subsection.

4  Obligations under Export Control (Animals) Order 2004 not affected

                   Nothing in this Order affects any requirement to comply with the Australian Standards for the Export of Live‑stock that applies to the holder under the Export Control (Animals) Order 2004.

5  Sheep exported by sea—reportable mortality level

             (1)  This section applies in relation to the export of a consignment of sheep by sea by the holder of a live‑stock export licence (the exporter) if the vessel transporting the sheep leaves Australia after the commencement of this section.

Note:          For consignment, see subsection (5).

             (2)  The exporter must give a written report to the Department if the shipboard mortality level of the exporter’s consignment of sheep on the vessel (including during loading onto, and unloading from, the vessel) reaches:

                     (a)  1% of the sheep in the consignment, calculated in accordance with subsection (3); or

                     (b)  3 sheep in the consignment;

whichever is the greater. The report must be given as soon as possible and, in any event, within 12 hours after that level is reached.

Note:          The requirement in this subsection applies in addition to any reporting requirements in the Australian Standards for the Export of Live‑stock that apply in relation to the sheep.

             (3)  For the purposes of paragraph (2)(a), the shipboard mortality level of the exporter’s consignment of sheep on the vessel (including during loading onto, and unloading from, the vessel) is calculated in accordance with the following formula:

where:

total number of sheep in consignment means the total number of sheep in the exporter’s consignment of sheep loaded onto the vessel.

total sheep deaths in consignment means the total number of sheep in the exporter’s consignment of sheep that have died on the vessel (including during loading onto, and unloading from, the vessel).

             (4)  A report by an exporter under subsection (2) in relation to the exporter’s consignment of sheep on a vessel must include the following information:

                     (a)  the name of the vessel;

                     (b)  the unique number of the notice of intention to export the consignment given to the Secretary under Part 1A of the Export Control (Animals) Order 2004;

                     (c)  the number of sheep in the consignment that have died on the vessel (including during loading onto, and unloading from, the vessel);

                     (d)  each suspected cause of the deaths;

                     (e)  the factors that may have contributed to the deaths;

                      (f)  a description of the actions being taken to manage the health and welfare of the consignment of sheep;

                     (g)  the location of the vessel at the time the report is given;

                     (h)  the destination of the vessel and its estimated time of arrival;

                      (i)  the date the report is prepared;

                      (j)  any other information that the exporter considers relevant.

Meaning of consignment

             (5)  For the purposes of this section, a consignment of sheep on a vessel in relation to the holder of a live‑stock export licence includes all sheep on the vessel that are permitted to be exported by the holder under the licence.

 

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

    /sub‑subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev…) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

    effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

    effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub‑Ch = Sub‑Chapter(s)

    cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

    commenced or to be commenced

 

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Australian Meat and Live-stock Industry (Standards) Order 2005

30 June 2005 (F2005L01911)

1 July 2005 (s 2)

 

Australian Meat and Live‑stock Industry (Standards) Amendment Order 2006 (No. 1)

21 Sept 2006 (F2006L03152)

25 Sept 2006 (s 2)

Australian Meat and Live‑stock Industry (Standards) Amendment Order 2006 (No. 2)

25 Sept 2006 (F2006L03180)

25 Sept 2006 (s 2)

s 5

Australian Meat and Live‑stock Industry (Standards) Amendment Order 2006 (No. 3)

27 Sept 2006 (F2006L03255)

28 Sept 2006 (s 2)

Australian Meat and Live‑stock Industry (Standards) Amendment Order 2006 (No. 4)

13 Dec 2006 (F2006L04087)

14 Dec 2006 (s 2)

Australian Meat and Live‑stock Industry (Standards) Amendment Order 2008 (No. 1)

10 Dec 2008 (F2008L04622)

1 Feb 2009 (s 2)

Australian Meat and Live‑stock Industry (Standards) Amendment Order 2011 (No. 1)

21 Apr 2011 (F2011L00635)

27 Apr 2011 (s 2)

Australian Meat and Live‑stock Industry (Standards) Amendment Order 2016

26 May 2016 (F2016L00839)

27 May 2016 (s 2)

Australian Meat and Live‑stock Industry (Standards) Amendment (Reportable Sheep Mortality Level) Order 2018

6 July 2018 (F2018L01009)

7 July 2018 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

s 2........................................

rep LA s 48D

s 3........................................

am No 2, 2006; No 3, 2006; No 4, 2006

 

rs No 1, 2008; No. 1, 2011

 

am F2016L00839

s 5........................................

ad F2018L01009