EXPLANATORY STATEMENT

Australian Meat and Live-stock Industry Act 1997

Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Amendment (Pen Space Area) Order 2020

Legislative Authority

This instrument is made under paragraph 17(1)(a) of the Australian Meat and Live-stock Industry Act 1997 (the Act).

Paragraph 17(1)(a) of the Act provides that the Secretary may, by legislative instrument, make orders, not inconsistent with the regulations, to be complied with by holders of export licences. Paragraph 17(5)(a) of the Act provides that an export licence is subject to the condition that the holder of the licence must comply with orders made under section 17.

This instrument relies on subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act). Under subsection 33(3) of the Interpretation Act, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exerciseable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend or vary any such instrument.

Purpose

The purpose of the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Amendment (Pen Space Area) Order 2020 (Amendment Order) is to amend the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Order 2018 (the Northern Winter Order) to require livestock export licence holders, from 1 November 2020, to determine pen space allocations for sheep exported to or through the Middle East between November and April inclusive, in accordance with the Australian Standards for the Export of Livestock (ASEL) 3.0.

Background

The export of sheep is subject to conditions or restrictions in ASEL. Specifically, under section 3(1)(b) of the Australian Meat and Live-stock (Standards) Order 2005, the holder of a livestock export licence must not export livestock except in accordance with ASEL 3.0, if the vessel or aircraft transporting the livestock leaves Australia on or after 1 November 2020.

Nothing in the Northern Winter Order is intended to limit a condition or restriction in the ASEL to which the export of sheep is subject but, to the extent of any inconsistency between an ASEL condition or restriction and a condition in the Northern Winter Order, the Northern Winter Order prevails: see sub-section 6(2) of the Northern Winter Order.

The Northern Winter Order applies conditions on exporters who export sheep to or through the Middle East between November and April inclusive, including pen space allocations for each animal. The Northern Winter Order was introduced in 2018 as an interim measure to ensure animal welfare outcomes while ASEL 2.3 was reviewed. The purpose of the review was to ensure the standards remained fit for purpose and reflected the latest science. The review was used as a basis to update the standards with the new ASEL 3.0 coming into effect from 1 November 2020.

ASEL 3.0 incorporates recommendations made by an independent Technical Advisory Committee, and feedback from stakeholders. The recommendations addressed different parts of the standards; from sourcing and preparation, through to on-board management of livestock and reporting. A key recommendation for livestock exported by sea included the use of an allometric approach to pen space allocations. This is in contrast to the Northern Winter Order which uses a non-allometric approach and requires exporters to add 17.5% more space above ASEL 2.3 requirements for each animal. Depending on the weight of the animal, this amendment may lead to an animal receiving more or less space under ASEL 3.0.

Impact and Effect

From 1 November 2020, export licence holders will be required to determine pen space allocations for the export of sheep to or through the Middle East in accordance with ASEL 3.0 (as required by paragraph 3(1)(b) of the Australian Meat and Live-stock (Standards) Order 2005), and not in accordance with the Northern Winter Order.

Consultation

The Amendment Order is considered an outcome of the ASEL 3.0 review process. ASEL 3.0 has been developed based on the recommendations made by an independent review process undertaken by the Technical Advisory Committee. As part of the review, the committee considered scientific literature, advice from a Stakeholder Reference Group, submissions provided through five rounds of public consultation, reports from independent observers on recent voyages, and other relevant information. For these reasons, specific consultation has not been undertaken in relation to this instrument.

The Office of Best Practice Regulation was consulted in the preparation of the Amendment Order (ID 43121) and advised that a Regulatory Impact Statement was not required.

Details/Operation

Details of the Amendment Order are set out in Attachment A.

The Amendment Order is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

The Amendment Order is a legislative instrument for the purposes of the Legislation Act 2003.

ATTACHMENT A

Details of the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Amendment (Pen Space Area) Order 2020  

Section 1    Name

Section 1 provides that the name of the instrument is the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Amendment (Pen Space Area) Order 2020 (Amendment Order).

Section 2    Commencement

Section 2 provides for the Amendment Order to commence on 1 November 2020.

Section 3    Authority

Section 3 provides that the authority for making the Amendment Order is section 17 of the Australian Meat and Live-stock Industry Act 1997.

Section 4    Schedules

Section 4 provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1 – Amendments

Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Order 2018

Item 1 – Section 4 Definition of Heat Stress Risk Assessment Model

Item 1 repeals the definition of Heat Stress Risk Assessment Model in section 4 of the Order. This is a consequential amendment to item 2, which repeals section 10 of the Order (concerning conditions relating to pen space area for each sheep).

Item 2 – Section 10

Item 2 repeals section 10 of the Order. Section 10 of the Order sets out the conditions relating to the pen space area for each sheep. It provides that before the holder of a sheep export licence exports a consignment of sheep in relation to which this instrument applies, the holder must ensure that the pen space on the vessel on which the sheep are to be transported for each sheep in the consignment is in an area in square metres of at least the greater of:

·         the area for the relevant sheep specified in subsection (2),

·         The value for the relevant sheep produced by the Heat Risk Assessment Model for the voyage.

The effect of this amendment is that, from 1 November 2020, export licence holders will be required  to determine pen space requirements for the export of sheep to or through the Middle East in accordance with ASEL 3.0 (as required by paragraph 3(1)(b) of the Australian Meat and Live-stock (Standards) Order 2005), and not in accordance with the Northern Winter Order.

The minimum pen space allocation for sheep exported by sea between November to April and May to October is set out in Table 19 of clause 5.5 of ASEL 3.0

ATTACHMENT B

 Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Order 2018.

 This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Amendment (Pen Space Area) Order 2020 is to amend the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East – Northern Winter) Order 2018 to remove pen space requirements set out in section 10 - Conditions relating to pens space area for each sheep. This will mean that from 1 November 2020, export licence holders will be required to determine pen space requirements for the export of sheep to or through the Middle East in accordance with ASEL 3.0 (as required by paragraph 3(1)(b) of the Australian Meat and Live-stock (Standards) Order 2005), and not in accordance with the Northern Winter Order.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Tina Hutchison

Assistant Secretary

Live Export Branch