Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003 (Cth)
Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003
as amended
made under section 17 of the
Australian Meat and Live-stock Industry Act 1997
This compilation was prepared on 30 October 2003
taking into account amendments up to Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Amendment Order 2003 (No. 1)
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
1Name of Order [see Note 1] 3
2Commencement 3
3Object 3
4Definitions 3
5Export of live sheep and goats under certain conditions 3
6Conditions 6
7Reconsideration and review of certain decisions 6
Notes 8
Name of Order [see Note 1]
This Order is the Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003.
Commencement
This Order commences on gazettal.
Object
The object of this Order is to enable a commercial live sheep and goat export trade to the Middle East on a regulated basis.
Definitions
In this Order:
Act means the Australian Meat and Live-stock Industry Act 1997.
AQIS means the Australian Quarantine and Inspection Service.
consignment management plan means a plan, prepared using a form approved by AQIS, setting out the preparation and voyage details for a proposed export of live sheep or goats.
hospital pen means a pen of that name as required by Marine Orders, Part 43, made under the Navigation Act 1912.
licensee means the holder of a live-stock export licence to export live sheep and goats granted under section 10 of the Act.
linear interpolation means the insertion of a new item in a series, the series extending in a straight line between, and maintaining a directly proportional relationship with, the two items either side of the new item.
Export of live sheep and goats under certain conditions
(1) This Order applies to the export of live sheep and goats.
(2) The licensee must not, without the written consent of the Secretary, export live sheep or goats to a port in any of the following places:
(a) Algeria;
(b) Bahrain;
(c) Egypt;
(d) Israel;
(e) Jordan;
(f) Kuwait;
(g) Lebanon;
(h) Libya;
(i) Oman;
(j) Palestine;
(k) Qatar;
(l) Saudi Arabia;
(m) United Arab Emirates;
(n) Yemen.
(2A) While the Australian Meat and Live-stock Industry (Export of Live-stock to Saudi Arabia) Order 2003 is in force, subsection (2) has effect as if paragraph (l) were omitted.
(3) At the same time as the licensee lodges a notice of intention to export a consignment of live sheep or goats under Order 6 of the Export Control (Animals) Orders as amended, the licensee must submit to AQIS a consignment management plan for the export of live sheep or goats.
Note 1 Order 6 of the Export Control (Animals) Orders as amended requires a notice of intention to export to be lodged:
(a) if isolation is not required — not less than 7 clear working days prior to the intended date of export; and
(b) if isolation is required — not less than 7 clear working days prior to the commencement of the isolation period.
Note 2 The approved form of the consignment management plan is available from Live Animals Export Program, AQIS, GPO Box 858, Canberra ACT 2601.
(4) When deciding whether to consent to an export of live sheep or goats under subsection (2), the Secretary must consider:
(a) the adequacy of the consignment management plan; and
(b) whether the pre-export assembly premises operates under an auditable quality assurance program; and
(c) the welfare of the animals.
(5) For each consignment of live sheep or goats exported during May, June, July, August, September or October, the floor area per head (excluding hospital pens) in an area of the ship where animals are housed must be at least the floor area required by the following table (for weights between those shown in the table, the minimum pen area per head is to be calculated by linear interpolation):
Average weight per head of sheep or goats (kg)
Minimum floor area per head (m2)
28 0.261 29 0.263 30 0.265 31 0.268 32 0.270 33 0.273 34 0.275 35 0.278 36 0.280 37 0.283 38 0.285 39 0.288 40 0.290 41 0.293 42 0.295 43 0.298 44 0.300 45 0.303 46 0.305 47 0.308 48 0.310 49 0.313 50 0.315 51 0.322 52 0.329 53 0.337 54 0.344 55 0.351 56 0.357 57 0.363 58 0.369 59 0.375 60 0.381 61 0.389 62 0.398 63 0.406 64 0.415 65 0.423 66 0.432 67 0.441 68 0.450 69 0.459 70 0.468 75 0.515 80 0.563 90 0.658
(6) For each consignment of live sheep or goats exported during November, December, January, February, March and April, the floor area per head (excluding hospital pens) in an area of the ship where animals are housed must be at least the floor area required by the following table (for weights between those shown in the table, the minimum pen area per head is to be calculated by linear interpolation):
Average weight per head of sheep or goats (kg)
Minimum floor area per head (m2)
28 0.261 29 0.263 30 0.265 31 0.268 32 0.270 33 0.273 34 0.275 35 0.278 36 0.280 37 0.283 38 0.285 39 0.288 40 0.290 41 0.293 42 0.295 43 0.298 44 0.300 45 0.303 46 0.305 47 0.308 48 0.310 49 0.313 50 0.315 51 0.320 52 0.324 53 0.329 54 0.333 55 0.338 56 0.342 57 0.347 58 0.351 59 0.356 60 0.360 61 0.367 62 0.374 63 0.380 64 0.387 65 0.394 66 0.401 67 0.408 68 0.415 69 0.422 70 0.429 75 0.465 80 0.502 90 0.575
Conditions
The Secretary may impose conditions on a consent to export under subsection 5 (2), including the condition:
(a) that, if an event or circumstance specified in the written consent happens, the licensee will, within the specified time after the event or circumstance happens, give the Secretary written particulars of the event or circumstance; and
(b) that the licensee make declarations to the Secretary, including declarations with respect to live sheep and goats that have been exported, or are proposed to be exported from Australia; and
(c) that the licensee give information, send returns or produce documents to the Secretary, including information, returns or documents with respect to sales, or orders for the supply, of live sheep and goats.
Reconsideration and review of certain decisions
(1) If the Secretary refuses to consent to the export of live sheep or goats under subsection 5 (2), the licensee who sought the consent may ask the Secretary to reconsider the decision.
(2) The licensee may also ask the Secretary to reconsider a decision to impose a condition or conditions under section 6.
(3) A request for reconsideration must:
(a) be in writing; and
(b) set out the reasons why the Secretary should reconsider the decision; and
(c) be given to the Secretary within 14 days after the licensee is told in writing of the decision.
(4) After reconsidering a decision, the Secretary must:
(a) confirm the original decision; or
(b) substitute another decision for it.
(5) If the Secretary does not tell the licensee in writing of the result of the reconsideration within 21 days after receiving the request, the Secretary is taken to have confirmed the original decision.
(6) If the Secretary decides to substitute another decision for the original decision, the later decision replaces the original decision for all purposes.
(7) The licensee may apply to the Administrative Appeals Tribunal for review of the Secretary’s decision on reconsideration.
Notes to the Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003
Note 1
The Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003 (in force under the Australian Meat and Live-stock Industry Act 1997) as shown in this compilation is amended as indicated in the Tables below.
Table of Orders
| Title | Date of notification | Date of | Application, saving or |
| Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003 | 1 May 2003 (see Gazette 2003, No. S130) | 1 May 2003 | |
| Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Amendment Order 2003 (No. 1) | 29 Oct 2003 (see Gazette 2003, No. S395) | 29 Oct 2003 | — |
Table of Amendments
| ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted | |
| Provision affected | How affected |
| S. 5......................................... | am. 2003 No. 1 |
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