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

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

as amended

made under section 17 of the

Australian Meat and Live-stock Industry Act 1997

This compilation was prepared on 18 March 2005
taking into account amendments up to Australian Meat and Live-Stock Industry
Amendment and Repeal Order 2004

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-Generals Department, Canberra

Contents

1Name of Order [see Note 1] 3

2Commencement 3

3Object 3

4Definitions 3

5Control of export of cattle to Korea 3

6Requirements before export 3

Notes 5

1Name of Order [see Note 1]

This Order is the Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of Korea) Order 2002.

2Commencement

This Order commences on gazettal.

3Object

The object of this Order is to enable a commercial live cattle export trade to Korea on a regulated basis.

4Definitions

In this Order:

AQIS means the Australian Quarantine and Inspection Service.

exporter means a person who exports live Australian cattle to Korea.

Korea means the Republic of Korea.

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

5Control of export of cattle to Korea

(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.

6Requirements before export

(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.

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

Note 1

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

For all relevant information pertaining to application, saving or transitional provisions see Table A.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of Korea) Order 2002	2 Aug 2002	2 Aug 2002
Australian Meat and Live-stock Industry Amendment and Repeal Order 2004	1 Dec 2004 (see Gazette 2004, No. S 491)	1 Dec 2004	Order 9 [see Table A]

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Order 4...................................	am. Australian Meat and Live-stock Industry Amendment and Repeal Order 2004
Order 5...................................	rs. Australian Meat and Live-stock Industry Amendment and Repeal Order 2004
Order 6...................................	rs. Australian Meat and Live-stock Industry Amendment and Repeal Order 2004

Table A Application, saving or transitional provisions

Australian Meat and Live Stock Industry Amendment and Repeal Order 2004

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.