Australian Meat and Live-stock Industry Amendment and Repeal Order 2004 (Cth)

Australian Meat and Live-stock Industry Amendment and Repeal Order 2004

I, JENNIFER GORDON, delegate of the Secretary to the Department of Agriculture, Fisheries and Forestry, make this Order under section 17 of the Australian Meat and Live-stock Industry Act 1997.

Dated 30 November 2004

J GORDON

National Manager Animal Programs

Australian Quarantine and Inspection Service

Department of Agriculture, Fisheries and Forestry

COMMONWEALTH OF AUSTRALIA

AUSTRALIAN MEAT AND LIVE-STOCK INDUSTRY ACT 1997

1.Name of Order

This Order is the Australian Meat and Live-stock Industry Amendment and Repeal Order 2004.

2.Commencement

This Order commences on the day on which it is notified in the Gazette.

3.Australian Meat and Live-stock Industry (Export of Cattle) Order 2003 - repeal

The Australian Meat and Live-stock Industry (Export of Cattle) Order 2003 is repealed.

4.Australian Meat and Live-stock Industry (Export of Female Sheep and Goats for Slaughter) Order 2002 - repeal

The Australian Meat and Live-stock Industry (Export of Female Sheep and Goats for Slaughter) Order 2002 is repealed.

5.Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003 - repeal

The Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003 is repealed.

6.Australian Meat and Live-stock Industry (Export of Pregnant Cattle) Order 2002 - repeal

The Australian Meat and Live-stock Industry (Export of Pregnant Cattle) Order 2002 is repealed.

7.Australian Meat and Live-stock Industry (Export of Sheep from Northern Ports) Order 2001 - repeal

The Australian Meat and Live-stock Industry (Export of Sheep from Northern Ports) Order 2001 is repealed.

8.Amendment of Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of Korea) Order 2002

Schedule 1 amends the Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of Korea) Order 2002

9.Transitional

(1)This order applies to an export of live-stock for which a notice of intention to export was given to the Secretary before 1 December 2004 in accordance with the Export Control (Animals) Orders as amended.

(2)Live-stock to which this order applies may be exported before 31 January 2005 if the export is in accordance with any Order which, but for the repeals made by orders 3, 4, 5, 6 and 7 and the amendments made by order 8, would otherwise have applied to the export and the Export Control (Animals) Order 2004 does not apply to the export.

(3)Live-stock to which this order applies must not be exported after 31 January 2005 unless the export is in accordance with the Export Control (Animals) Order 2004 including the requirement to submit a notice of intention to export and a consignment risk management plan in accordance with that order.

Schedule 1

Amendments

(order 8)

[1]         Order 4

Omit definition of and any Note for

accredited shipboard stockworker

LEAP

LiveCorp

NLIS

Insert definition

radio frequency identification means a functioning radio tracking device either inserted into the animal or forming part of an ear tag.

[2]         Order 5

Substitute

(1)An exporter must not, without the written consent of the Secretary,   export live Australian cattle to Korea unless:

(a)the consignment includes only steers; and

(b)any previous consignment of live Australian cattle to Korea has been released from quarantine in Korea before export of the proposed consignment.

(2)For this section:

export includes:

(a)exporting or causing to be exported (either directly or indirectly); and

(b)assisting in, or knowingly being a party to, or being concerned with, the importation of live Australian cattle into Korea.

1. Order 6

substitute

(1)An exporter who intends to export live Australian cattle to Korea must comply with this section after confirmation of the initial negative enzootic bovine leucosis (EBL) test on the cattle.

(2)The exporter must ensure that the cattle to be exported are individually identified using radio frequency identification.

(3)At least 14 days before the expected date of export, the exporter must provide to AQIS the following documents:

(a)a statement by a competent Korean authority that quarantine space is available for the expected weight and number of cattle in the proposed consignment; and

(b)a written declaration from the importer in Korea that the importer has:

(i) access to at least one month's supply of fodder for the cattle after their release from quarantine in Korea; and

(ii) suitable land transport arrangements in place in Korea to transport the cattle to their final destination.