Export Control (Animals) Amendment Order 2005 (No. 4) (Cth)

Export Control (Animals) Amendment Order 2005 (No. 4)

I, PETER JOHN McGAURAN, Minister for Agriculture, Fisheries and Forestry, make this Order under regulation 3 of the Export Control (Orders) Regulations 1982.

Dated 22 December 2005

PETER McGAURAN

Minister for Agriculture, Fisheries and Forestry

1. Name of Amendment Order

This Amendment Order is the Export Control (Animals) Amendment Order 2005 (No. 4).

1. Commencement

This Amendment Order commences on the day after it is registered.

1. Amendment of Export Control (Animals) Order 2004

Schedule 1 amends the Export Control (Animals) Order 2004.

Schedule 1        Amendments

(section 3)

[1]           Paragraph 2.53 (2) (b)

omit

live-stock.

insert

live-stock; and

[2]           After paragraph 2.53 (2) (b)

insert

(c)    may take into account any undertaking accepted by an authorised officer under subsection 2.54 (3A) in relation to the live-stock.

[3]           Paragraph 2.54 (3) (i)

substitute

(i)    subject to subsection (3A), importing country requirements in relation to the export have been complied with;

[4]           After subsection 2.54 (3)

insert

(3A)   Despite paragraph (3) (i), an authorised officer may issue a permit to leave for loading, even though a minor requirement for a treatment has not been complied with, if:

(a)    the treatment can be given after the permission to leave for loading is granted but before the live-stock commence boarding the ship; and

(b)    the exporter undertakes to give the required treatment before the live-stock commence boarding the ship; and

(c)    in the circumstances it is reasonable for the authorised officer to accept the undertaking.