Export Control (Animals) Rules 2021 (Cth)
made under section 432 of the
This is a compilation of the
The notes at the end of this compilation (the
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Contents
This instrument is the
Export Control (Animals) Rules 2021 .
This instrument is made under the
Export Control Act 2020 .
This instrument does not apply in relation to the export of live fish as food.
Note: The
Export Control (Fish and Fish Products) Rules 2021 apply in relation to the export of live fish as food.
General This instrument prescribes matters and makes other provision in relation to certain livestock (prescribed livestock), other live animals (prescribed live animals), and animal reproductive material (prescribed animal reproductive material) for the purposes of the
Export Control Act 2020 (theAct ).Prescribed livestock, prescribed live animals or prescribed animal reproductive material must not be exported from Australian territory unless the conditions prescribed by this instrument (prescribed export conditions) are complied with. A person may commit an offence or be liable to a civil penalty if prescribed livestock, prescribed live animals or prescribed animal reproductive material are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
This instrument prescribes other matters and makes other provision in relation to the export of prescribed livestock, prescribed live animals and prescribed animal reproductive material, including in relation to the following:
(a) exemptions;
(b) government certificates;
(c) registered establishments;
(d) approved arrangements;
(e) export licences (including exporter supply chain assurance systems);
(f) export permits;
(g) notices of intention to export;
(h) official marks and official marking devices;
(i) audits;
(j) assessments;
(k) accreditation of veterinarians;
(l) approved export programs;
(m) review of decisions;
(n) records;
(o) samples;
(p) damaged or destroyed live animals or animal reproductive material.
Structure of this instrument and Chapter numbering This instrument is arranged in Chapters that have the same number and name as the corresponding Chapters in the Act. For example, the provisions of this instrument that are made for the purposes of Chapter 6—Export licences of the Act are included in Chapter 6—Livestock export licences of this instrument. This means there are gaps in the Chapter numbering because there are no provisions for the purposes of some Chapters of the Act.
Note: A number of expressions used in this instrument are defined in the Act, including the following:
(a) animal reproductive material;
(b) approved export program;
(c) Australian territory;
(d) authorised officer;
(e) export;
(f) export operations;
(g) prepare;
(h) Regulatory Powers Act.
In this instrument:
Act means theExport Control Act 2020 , and includes:
(a) legislative instruments made under the
Export Control Act 2020 ; and(b) the Regulatory Powers Act as it applies in relation to the
Export Control Act 2020 .
approved arrangement means an approved arrangement that covers a kind of export operations in relation to prescribed livestock.
approved ESCAS means a proposed ESCAS approved under paragraph 6‑37(1)(a).
assurance rules has the meaning given by paragraph 5‑11(1)(a).
assurance standards has the meaning given by paragraph 5‑11(1)(b).
Australian Standards for the Export of Livestock (orASEL ) means the document titledAustralian Standards for the Export of Livestock published by the Department as it exists from time to time.Note: The Australian Standards for the Export of Livestock could in 2021 be viewed on the Department’s website ( of livestock means:
(a) feeder livestock; or
(b) slaughter livestock; or
(c) livestock other than feeder livestock or slaughter livestock.
enclosed shed means a structure:
(a) that has an overhead cover but may or may not have walls or windows; and
(b) that is intended to enclose animals.
entity , when used in connection with exporter supply chain assurance operations, means:
(a) a facility in another country where operations in relation to a kind of feeder livestock or slaughter livestock are carried out; or
(b) an importer of that kind of livestock; or
(c) a person who exports that kind of livestock.
Note: Examples of facilities are feedlots and abattoirs.
ESCAS (short for exporter supply chain assurance system) has the meaning given by section 6‑34.
exporter supply chain assurance operations means export operations to assist exporters to comply with their obligations under Part 9 of Chapter 6 (exporter supply chain assurance systems) to ensure the humane treatment and handling of feeder livestock or slaughter livestock that are exported up until, and including, the point of slaughter, including:
(a) conducting audits in relation to entities; and
(b) giving assurances to the Secretary and exporters in relation to entities that meet certain standards for the control, traceability and welfare of feeder livestock or slaughter livestock.
Note: An audit referred to in paragraph (a) is not an audit under Part 1 of Chapter 9 of the Act.
feeder livestock means livestock that are exported alive and that are intended to be fattened before being slaughtered for food.
heat stress management plan , for a voyage by a vessel transporting sheep, means a document that contains detailed plans and actions to be implemented during the voyage to manage heat stress in relation to the sheep.
heat‑tolerant sheep breed means:
(a) Awassi; or
(b) Damara; or
(c) Dorper; or
(d) a breed of sheep (other than a Merino or a breed of sheep that is descended from a Merino) approved in writing by the Secretary.
holder of an approved export program means the exporter to whom the notice of approval of the program was given under subsection 9‑34(9).
independent qualified mechanical engineer means a person who:
(a) has relevant qualifications in relation to the operation of ventilation systems; and
(b) is not an employee of the holder of a livestock export licence or the Department; and
(c) is accredited by the National Association of Testing Authorities or an equivalent or similar organisation.
livestock means cattle, sheep, goats, deer, buffalo or camelids, and includes the young of any of those animals.
livestock export licence :
(a) means an export licence to carry out export operations in relation to prescribed livestock; and
(b) includes an export licence of that kind that has been renewed.
OIE recommendations means the recommendations and standards set out in section 7 of theTerrestrial Animal Health Code published by the Office International des Epizooties (also known as the World Organisation for Animal Health) as existing from time to time.Note: The
Terrestrial Animal Health Code could in 2021 be viewed on the website of the World Organisation for Animal Health ( air turnover for a deck of a vessel means the ventilation rate measured in cubic metres per hour for each square metre of pen space on the deck, calculated using an industry standard, or equivalent, method.
prescribed animal reproductive material means animal reproductive material that is prescribed goods under paragraph 2‑1(1)(c).
prescribed live animals means live animals that are prescribed goods under paragraph 2‑1(1)(b).Note:
Prescribed live animals does not include livestock (see paragraph 2‑1(1)(b)).
prescribed livestock means livestock that are prescribed goods under paragraph 2‑1(1)(a).
property identification code , for a property or a part of a property (however described), means the identification code allocated to the property or part by the body responsible for stock identification in the State or Territory where the property is located.
radio frequency identification means a functioning radio tracking device that is inserted into an animal or forms part of an ear tag.
registered , in relation to an establishment, means registered under Chapter 4 of the Act.
registered establishment means an establishment that is registered for operations to prepare prescribed livestock for export.
relevant importing country authority , for prescribed livestock, prescribed live animals or prescribed animal reproductive material, means the authority or body that is responsible for regulating the importation of prescribed livestock, prescribed live animals or prescribed animal reproductive material into that country from Australian territory.
sheep export licence means a livestock export licence to carry out export operations in relation to sheep.
slaughter livestock means livestock that are exported alive and that are intended to be slaughtered for food (without being fattened).
verified pen air turnover for a deck of a vessel means the pen air turnover for the deck, as verified by an independent mechanical engineer using an industry standard, or equivalent, method.
veterinarian means a person who is registered under the law of a State or Territory as a veterinarian, a veterinary practitioner or a veterinary surgeon.Chapter 2 Exporting goods Part 1 Goods Division 1 Prescribed goods 2‑1 Livestock, other live animals and animal reproductive material that are prescribed goods
(1) For the purposes of subsection 28(1) of the Act, and subject to subsection (3) of this section, the following goods are prescribed for the purposes of the Act:
(a) livestock;
(b) live animals (other than livestock) to which subsection (2) of this section applies;
(c) animal reproductive material.
Note 1: For
livestock , see section 1‑6. Foranimal reproductive material , see section 12 of the Act.(2) This subsection applies to the following animals:
(a) a warm‑blooded animal that is intended to be exported alive;
(b) a cold‑blooded animal that is intended to be exported alive if, for the purpose of meeting an importing country requirement, a government certificate stating certain matters relating to the animal is required.
(3) Goods covered by paragraph (1)(b) or (c) of this section are not prescribed for the purposes of subsection 28(1) of the Act if they are subject to a direction under paragraph 135(2)(b) of the
Biosecurity Act 2015 .Note: This instrument does not apply in relation to the export of live fish as food (see section 1‑4).
Division 2 Prohibited export and prescribed export conditions 2‑2 Purpose and application of this Division
(1) This Division is made for the purposes of section 29 of the Act.
(2) This Division applies in relation to the following goods:
(a) prescribed livestock;
(b) prescribed live animals;
(c) prescribed animal reproductive material.
Note 1: See Division 1 of this Part in relation to goods that are covered by paragraphs (a), (b) and (c).
Note 2:
Prescribed live animals does not include livestock (see paragraph 2‑1(1)(b)).(3) However, a provision of this Division (the
relevant provision ) does not apply in relation to prescribed livestock or prescribed live animals if:
(a) the livestock or live animals are to be exported in a circumstance referred to in subsection 52(1) or (3) of the Act; and
(b) an exemption from the relevant provision is in force in relation to the livestock or live animals under Part 2 of Chapter 2 of the Act.
2‑3 Export of prescribed livestock is prohibited unless prescribed conditions are complied with The export from Australian territory of prescribed livestock is prohibited unless the conditions specified in the items in the following table are complied with.
Prescribed export conditions for prescribed livestock
Item
Prescribed export conditions 1
Export by sea—registered establishment and approved arrangement If the livestock are to be exported by sea:
(a) operations to prepare the livestock for export must be carried out at a registered establishment in relation to the livestock; and
(b) at the time the operations are carried out, the registration of the establishment must not be suspended in relation to those operations; and
(c) an approved arrangement held by the exporter that covers export operations in relation to the livestock up until they are unloaded at a port or landing place outside Australian territory, including operations to prepare the livestock for export at the registered establishment referred to in paragraph (a), must be in force; and
(d) at the time the operations are carried out, the approved arrangement must not be suspended in relation to those operations.
2
Export by air—pre‑export quarantine or isolation premises, and approved arrangement If the livestock are to be exported by air and it is an importing country requirement that operations to prepare the livestock for export must be carried out at premises that are approved for pre‑export quarantine or isolation:
(a) operations to prepare the livestock for export must be carried out at a registered establishment in relation to the livestock, or at premises that are approved under paragraph 8‑5(2)(a) for pre‑export quarantine or isolation of the livestock; and
(b) at the time the operations are carried out, the registration of the establishment or the approval of the premises (as the case may be) must not be suspended in relation to those operations; and
(c) an approved arrangement held by the exporter that covers export operations in relation to the livestock up until they are unloaded at a port or landing place outside Australian territory, including operations to prepare the livestock for export at the registered establishment or approved premises referred to in paragraph (a), must be in force; and
(d) at the time the operations are carried out, the approved arrangement must not be suspended in relation to those operations.
3
Livestock export licence All of the following:
(a) the exporter must hold a livestock export licence to carry out operations to export the livestock;
(b) if the livestock are feeder livestock or slaughter livestock—the exporter must hold an approved ESCAS covering export operations in relation to the livestock from preparation up until and including the point of slaughter;
(c) the livestock export licence must be in force and not suspended:
(i) at the time the operations referred to in paragraph (b) are carried out; and
(ii) at the time the livestock are exported.
4
Approved export program The exporter must hold an approved export program under Division 2 of Part 4 of Chapter 9 that applies to some or all of the export operations carried out in relation to the livestock. At the time the operations are carried out, the approved export program must be in force, and not suspended, in relation to those operations.
5
Notice of intention to export consignment A person prescribed by section 8‑1 must, at the time prescribed by section 8‑3, give the Secretary a notice of intention to export a consignment of the livestock.
An approval of the notice of intention to export the consignment must be in force under paragraph 8‑6(2)(a). The conditions (if any) of the approval must be complied with.
6
Export permit The person who intends to export the livestock must hold an export permit for the livestock and the export permit must be in force and not suspended at the time the livestock are exported.
7
Government certificate If a government certificate in relation to the livestock is required to meet importing country requirements, the person who intends to export the livestock must hold a government certificate in relation to the livestock and the government certificate must be in force at the time the livestock are exported.
Note 1: A person may commit an offence or be liable to a civil penalty if prescribed goods are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
Note 2: The holder of an export permit may commit an offence or be liable to a civil penalty if conditions of the permit are contravened (see section 227 of the Act) and the permit may be revoked (see section 233 of the Act).
2‑4 Export of prescribed live animals is prohibited unless prescribed conditions are complied with The export from Australian territory of prescribed live animals is prohibited unless the conditions specified in the items in the following table are complied with.
Prescribed export conditions for prescribed live animals
Item
Prescribed export conditions 1
Pre‑export quarantine or isolation at approved premises If it is an importing country requirement that operations to prepare the live animals for export must be carried out at premises that are approved for pre‑export quarantine or isolation:
(a) operations to prepare the live animals for export must be carried out at premises that are approved under paragraph 8‑10(2)(a) for pre‑export quarantine or isolation of the live animals; and
(b) at the time the operations are carried out, the approval of the premises must not be suspended in relation to those operations.
2
Notice of intention to export consignment A person prescribed by section 8‑1 must, at the time prescribed by section 8‑3, give the Secretary a notice of intention to export a consignment of the live animals.
An approval of the notice of intention to export the consignment must be in force under paragraph 8‑11(2)(a). The conditions (if any) of the approval must be complied with.
3
Export permit The person who intends to export the live animals must hold an export permit for the animals and the export permit must be in force and not suspended at the time the animals are exported.
Note 1:
Prescribed live animals does not include livestock (see paragraph 2‑1(1)(b)).Note 2: For the export of fish and fish products as food, see the
Export Control (Fish and Fish Products) Rules 2021 .Note 3: A person may commit an offence or be liable to a civil penalty if prescribed goods are exported in contravention of prescribed export conditions (see Division 4 of Part 1 of Chapter 2 of the Act).
Note 4: The holder of an export permit may commit an offence or be liable to a civil penalty if conditions of the permit are contravened (see section 227 of the Act) and the permit may be revoked (see section 233 of the Act).
2‑5 Export of prescribed animal reproductive material is prohibited unless prescribed conditions are complied with The export from Australian territory of prescribed animal reproductive material is prohibited unless the conditions specified in the items in the following table are complied with.
Prescribed export conditions for prescribed animal reproductive material
1 | A person prescribed by section 8‑1 must, at the time prescribed by section 8‑3, give the Secretary a notice of intention to export a consignment of the animal reproductive material. |
2 | The person who intends to export the animal reproductive material must hold an export permit for the animal reproductive material and the export permit must be in force and not suspended at the time the animal reproductive material is exported. |
This Part applies in relation to the following prescribed goods (in this Part called
relevant goods ):
(a) prescribed livestock;
(b) prescribed live animals.
Note: See Division 1 of Part 1 of this Chapter in relation to goods that are prescribed livestock and prescribed live animals.
For the purposes of paragraph 52(1)(e) of the Act, Part 2 of Chapter 2 of the Act applies in relation to prescribed livestock if the livestock are to be exported by a person who intends to export no more than 400 animals that are prescribed livestock in no more than 4 consignments during any calendar year.
For the purposes of subparagraph 53(3)(f)(i) of the Act, the period within which an application for an exemption in relation to relevant goods must be made is:
(a) if operations to prepare the relevant goods for export have started—the period of 12 months ending on the day that is 10 business days before the earlier of the following:
(i) the date it is proposed to export the relevant goods;
(ii) (if applicable) the date pre‑export quarantine or isolation begins; or
(b) in any other case—the period of 12 months ending on the day that is 10 business days before the date it is proposed to start carrying out operations to prepare the relevant goods for export.
Note 1: The Secretary may allow a different period (see subparagraph 53(3)(f)(ii) of the Act).
Note 2: An exemption in relation to relevant goods remains in force for 5 years or, if another period is specified in the instrument of exemption, for the specified period (see section 2‑10).
For the purposes of subsection 55(2) of the Act, a matter to which the Secretary must have regard is whether imposing a condition on an exemption in relation to relevant goods will ensure that one or more objects of the Act will be met in relation to the goods.
For the purposes of paragraph 57(b) of the Act, an exemption granted under paragraph 54(1)(a) of the Act remains in force (unless it is revoked under section 59 of the Act):
(a) for 5 years; or
(b) if another period is specified in the instrument of exemption—for the specified period.
Note: The exemption takes effect on the date stated in the instrument of exemption under paragraph 56(1)(e) of the Act (see paragraph 57(a) of the Act).
For the purposes of subsection 58(3) of the Act, a matter to which the Secretary must have regard is whether varying a condition of an exemption in relation to relevant goods will ensure that one or more objects of the Act will be met in relation to the goods.
For the purposes of subsection 59(2) of the Act, a matter to which the Secretary must have regard in considering whether to revoke an exemption in relation to relevant goods is whether the conditions of the exemption have been, or are being, complied with.
This Division makes provision in relation to government certificates in relation to prescribed livestock, prescribed live animals and prescribed animal reproductive material.
Note: Division 2 makes further provision in relation to prescribed livestock, and Division 3 makes further provision in relation to prescribed live animals.
(1) For the purposes of subsections 62(1) and (2) of the Act, a government certificate may be issued in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material that are to be, or that have been, exported.
Note 1: The issuing body for a government certificate in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material is the Secretary (see paragraph 63(1)(b) of the Act).
Note 2: A government certificate in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material issued under section 67 of the Act (other than by electronic means) must be retained in a secure place when it is not being used (see section 11‑4 of this instrument).
Note 3: An exporter who applies for a government certificate in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material must retain certain records for at least 2 years (see section 11‑6).
Matters to which issuing body may have regard—prescribed livestock (2) In deciding whether to issue a government certificate in relation to prescribed livestock, the issuing body may have regard to the following matters:
(a) the health and welfare of the livestock;
(b) any information or undertaking included in the application for the government certificate, or in any document related to the application, as to the treatment, handling or transport of the livestock.
Matters to which issuing body may have regard—prescribed live animals (3) In deciding whether to issue a government certificate in relation to prescribed live animals, the issuing body may have regard to the following matters:
(a) the health and welfare of the animals;
(b) whether the pre‑export quarantine or isolation, treatment and testing requirements have been or will be met;
(c) the number of animals to be exported;
(d) a description and type of the animals, or each animal, to be exported;
(e) the travel arrangements, including details of the vessel or aircraft, route, container specifications and feed and water arrangements;
(f) the expected dates of arrival of the animals at, and departure of the animals from, the premises approved under paragraph 8‑10(2)(a) for pre‑export quarantine or isolation of the live animals.
Matters to which issuing body may have regard—prescribed animal reproductive material (4) In deciding whether to issue a government certificate in relation to prescribed animal reproductive material, the issuing body may have regard to the health and condition of the animal reproductive material.
(1) This section applies if a government certificate in relation to any of the following goods is revoked under subsection 75(1) of the Act:
(a) prescribed livestock;
(b) prescribed live animals;
(c) prescribed animal reproductive material.
(2) For the purposes of paragraph 65(2)(c) of the Act, an application for a new government certificate in relation to the goods must include details of any changes from the information that was included in the application for the government certificate that was revoked.
Note: The issuing body may accept any information or document previously given to an issuing body in connection with the application as satisfying any requirement to give that information or document under subsection 65(2) of the Act (see subsection 65(3) of the Act).
For the purposes of paragraph 67(3)(g) of the Act, each of the following circumstances is prescribed in relation to an application for a government certificate in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material:
(a) a prescribed export condition that applies in relation to the livestock, live animals or animal reproductive material has not been complied with;
(b) the applicant for the certificate failed to comply with a direction given to the applicant under subsection 305(1) of the Act (to deal with non‑compliance with the requirements of the Act);
(c) a condition or disease that is likely to affect the acceptability of the livestock, live animals or animal reproductive material to the importing country is present in Australian territory;
(d) the export of the livestock, live animals or animal reproductive material could result in trade in the export of goods from Australian territory being adversely affected;
(e) the applicant for the certificate failed:
(i) to return a government certificate as required by section 2‑17 of this instrument; or
(ii) to retain a government certificate in a secure place in accordance with section 11‑4 of this instrument; or
(iii) to provide facilities and assistance to an auditor as required by section 271 of the Act.
(1) This section applies in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material in relation to which a government certificate is in force.
(2) For the purposes of paragraph 74(1)(b) of the Act, each of the following changes is prescribed:
(a) there are reasonable grounds to suspect that the health or welfare of the livestock or live animals or the health or condition of the animal reproductive material cannot be ensured;
(b) there are reasonable grounds to suspect that an importing country requirement relating to the livestock, live animals or animal reproductive material will not be, or is not likely to be, met before the livestock, live animals or animal reproductive material are imported into the importing country;
(c) there are reasonable grounds to suspect that a prescribed export condition relating to the livestock, live animals or animal reproductive material has not been complied with in circumstances where the condition should have been complied with.
Note: If a change prescribed by this subsection occurs, the holder of the government certificate must, as soon as practicable, give the issuing body additional or corrected information, to the extent that it is relevant to assessing the matters referred to in paragraph 74(2)(a) to (c) of the Act (see subsection 74(2) of the Act). The issuing body is the Secretary (see paragraph 63(1)(b) of the Act).
(1) For the purposes of paragraph 75(1)(h) of the Act, this section prescribes circumstances in which a government certificate in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material may be revoked.
(2) The holder of the government certificate requests the issuing body that issued the certificate or the Secretary, in writing, to revoke the certificate.
(1) For the purposes of paragraph 76(1)(a) of the Act, each of the following is a circumstance in which a government certificate in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material must be returned to an issuing body:
(a) the livestock, live animals or animal reproductive material are no longer intended to be exported to the country in relation to which the certificate was issued;
(b) the certificate has been revoked under section 75 of the Act.
(2) For the purposes of paragraph 76(1)(b) of the Act, a government certificate in relation to prescribed livestock, prescribed live animals or prescribed animal reproductive material must be returned to an issuing body as soon as reasonably practicable after the day the event referred to in paragraph (1)(a) or (b) of this section (as applicable) occurs.
(3) This section does not apply in relation to a government certificate that was issued by electronic means.
This Division makes further provision in relation to government certificates in relation to prescribed livestock.
For the purposes of subparagraph 62(2)(b)(i) of the Act, a person must not make an application for a government certificate in relation to prescribed livestock until:
(a) unless paragraph (b) of this subsection applies, operations to prepare the livestock for export in accordance with an approved arrangement have been completed; or
(b) if the holder of the livestock export licence that covers the livestock is required to prepare the livestock for export in accordance with the holder’s operations and governance manual required under subsection 6‑1(4) of this instrument—operations to prepare the livestock for export in accordance with that manual have been completed.
Note 1: Paragraph (b) will apply in relation to prescribed livestock if an exemption is in force under Part 2 of Chapter 2 of the Act from the requirement that the livestock be prepared for export in accordance with an approved arrangement (see subsection 6‑1(4) and section 6‑8 of this instrument).
Note 2: The Secretary may approve a single form that may be used to apply for a government certificate in relation to a kind of prescribed goods and an export permit for the goods (see subsection 239(4) of the Act).
(1) For the purposes of subparagraph 62(2)(b)(iii) of the Act and subject to subsection (2) of this section, an issuing body must not issue a government certificate in relation to prescribed livestock unless an assessment of the livestock has been carried out under Part 2 of Chapter 9 of the Act at a location chosen by the assessor.
Note: An assessment is not required to be carried out of each animal in a consignment of prescribed livestock in relation to which an application for a government certificate has been made.
(2) An assessment is not required to be carried out of prescribed livestock in relation to which an application for a government certificate has been made if:
(a) a government certificate had previously been issued in relation to the livestock; and
(b) the government certificate was revoked after the livestock were exported and before they were accepted into an importing country.
Note: See section 65 of the Act in relation to applications for a government certificate. See also subsection 2‑14A(2) of this instrument.
For the purpose of deciding whether to issue a government certificate in relation to prescribed livestock, an issuing body must consider the conditions (if any) of the approval of the notice of intention to export a consignment including the livestock.
Note: An approval of a notice of intention to export a consignment of prescribed livestock may be given subject to conditions (see subsection 8‑6(6)).
This Division makes further provision in relation to government certificates in relation to prescribed live animals.
Note:
Prescribed live animals does not include livestock (see paragraph 2‑1(1)(b)).
For the purpose of deciding whether to issue a government certificate in relation to prescribed live animals, an issuing body must consider the conditions (if any) of the approval of the notice of intention to export a consignment including the live animals.
Note: An approval of a notice of intention to export a consignment of prescribed live animals may be given subject to conditions (see subsection 8‑11(5)).
This Chapter applies in relation to an establishment where operations to prepare prescribed livestock for export (by sea or air) are carried out.
For the purposes of paragraph 112(2)(c) of the Act, the matters to which regard must be had in considering whether the construction of an establishment and its equipment and facilities are suitable for carrying out operations to prepare prescribed livestock for export are as follows:
(a) whether the construction of the establishment and its facilities comply with Standard 3 of the Australian Standards for the Export of Livestock;
(b) any other matters that would affect the suitability of the establishment for carrying out the export operations in relation to the kind, class and maximum number of livestock to be held at the establishment.
Note 1: The matters prescribed by this section also apply in relation to an application to renew the registration of the establishment (see subsection 4‑11(1)).
Note 2: See also paragraphs 112(2)(a), (b), (d) and (e) of the Act and section 4‑3 of this instrument which set out the requirements that must be met for the establishment to be registered for operations to prepare prescribed livestock for export.
(1) For the purposes of paragraph 112(2)(f) of the Act, this section prescribes other requirements that must be met for an establishment to be registered for operations to prepare prescribed livestock for export.
(2) There must be an operations manual for the establishment that clearly states:
(a) the export operations to be carried out at the establishment; and
(b) the management system to be implemented at the establishment in relation to the export operations, including the supervision arrangements, the arrangements for keeping records, and the maintenance to be carried out at the establishment.
The operations manual must include sufficient detail to enable the export operations to be effectively monitored and audited.
Note: If the establishment is registered for operations to prepare prescribed livestock for export, the operations manual must not be varied except as permitted by section 4‑9.
(3) The occupier of the establishment must have the capacity:
(a) to carry out the export operations in accordance with the operations manual; and
(b) to comply with the conditions of registration of the establishment.
(4) The occupier of the establishment must manage or control the day‑to‑day export operations carried out at the establishment.
(5) If an approval or licence (or similar permission) from the relevant State or Territory body is required to carry out the export operations at the establishment, the occupier of the establishment must hold that approval or licence (or similar permission).
(6) The location of the establishment must be appropriate for the kind, class and maximum number of livestock to be held at the establishment and the export operations.
(6A) Property identification codes must be allocated to the establishment, or the particular parts of the establishment, at which prescribed livestock are, or will be, prepared for export.
(7) Adequate measures must be in place to ensure security at the establishment.
(8) Export operations in relation to prescribed livestock must be carried out at the establishment in a way that will ensure that the requirements of the Act are complied with.
Note 1: The requirements in this section also apply in relation to an application to renew the registration of the establishment (see subsection 4‑11(2)).
Note 2: Other requirements that must be met are provided by paragraphs 112(2)(a), (b), (c) and (e) of the Act. In addition, an approved arrangement covering operations to prepare the prescribed livestock for export must be in force (see paragraph 112(2)(d) of the Act and item 1 of the table in section 2‑3 of this instrument).
For the purposes of paragraph 115(5)(b) of the Act, the registration of an establishment for operations to prepare prescribed livestock for export remains in force for 5 years starting on the date the registration takes effect.
Note 1: The Secretary must give written notice of the date the registration takes effect (see subparagraph 114(a)(iv) of the Act).
Note 2: The last day of the 5 year period is the expiry date for the registration unless an expiry date set under subsection 112(3) or 117(3) or paragraph 123(1)(c) or (d) of the Act is in force in relation to the registration (see paragraph 115(4)(a) of the Act). The registration of the establishment remains in force until the end of the expiry date unless it is renewed or revoked on or before that date (see subsection 115(2) of the Act).
For the purposes of paragraph 113(1)(b) of the Act, this Part prescribes conditions of the registration of an establishment for operations to prepare prescribed livestock for export.
Note 1: If the registration of the establishment is renewed, these conditions also apply in relation to the renewed registration of the establishment (see paragraph 118(b) of the Act).
Note 2: The occupier of a registered establishment may commit an offence or be liable to a civil penalty if a condition of the registration of the establishment is contravened (see section 144 of the Act).
Export operations (1) Export operations to prepare prescribed livestock for export (by sea or air) at a registered establishment must be carried out in accordance with the Australian Standards for the Export of Livestock
.
Reporting requirements (2) Without limiting subsection (1), the occupier of the registered establishment must give the Department written reports as required by the Australian Standards for the Export of Livestock.
Note: Information given in those reports may be disclosed by certain persons for certain purposes (see section 11‑17 (use and disclosure of relevant information relating to prescribed livestock etc.)).
(1) Prescribed livestock for export must not be accepted, held or assembled at a registered establishment unless the livestock are covered by the registration of the establishment.
(2) Prescribed livestock for export must not be accepted, held or assembled at a registered establishment unless the occupier of the establishment is satisfied the livestock can be held and assembled in accordance with:
(a) unless paragraph (b) applies, the standards and requirements provided in the approved arrangement covering operations to prepare the livestock for export; or
(b) if the holder of the livestock export licence covering the livestock has an exemption under Part 2 of Chapter 2 of the Act from the requirement that the livestock be prepared for export in accordance with an approved arrangement—the holder’s operations and governance manual required under subsection 6‑1(4) of this instrument.
The occupier of a registered establishment must provide reasonable assistance to an accredited veterinarian who is carrying out export operations in an approved export program at the establishment.
(1) Export operations and maintenance at a registered establishment must be carried out in accordance with the operations manual for the establishment required under subsection 4‑3(2) (including any variations of the operations manual made as permitted by section 4‑9).
(2) However, if carrying out export operations at the registered establishment in accordance with the operations manual would be inconsistent with:
(a) the requirements of the Act; or
(b) a notice of intention to export a consignment of prescribed livestock held and assembled at the establishment;
then subsection (1) does not apply to the extent of the inconsistency.
(1) The operations manual for a registered establishment required under subsection 4‑3(2) must not be varied after the establishment is registered unless:
(a) the occupier of the establishment has applied to the Secretary under subsection 120(1) of the Act to vary the operations manual and the Secretary has approved the variation and given the occupier notice of the variation under subsection 121(1) of the Act; or
(b) the occupier was required to make the variation by notice in writing given to the occupier by the Secretary under subsection (2) of this section.
(2) If the Secretary gives the occupier of a registered establishment a written notice requiring the occupier to vary the operations manual for the establishment required under subsection 4‑3(2), the occupier must vary the operations manual as required within the period specified in the notice.
(3) If the operations manual for a registered establishment is varied as required under subsection (2), the occupier of the establishment must give a copy of the varied operations manual to the Secretary as soon as practicable after the variation is made.
For the purposes of paragraph 116(4)(a) of the Act, the period within which an application to renew the registration of a registered establishment must be made is the period of 60 days starting on the day that is 180 days before the expiry date for the registration.
Note: For example, if the registration of an establishment expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
Matters relating to construction, equipment and facilities (1) For the purposes of paragraph 117(2)(e) of the Act, the matters prescribed by section 4‑2 of this instrument are prescribed in relation to a registered establishment.
Other requirements that must be met (2) For the purposes of paragraph 117(2)(g) of the Act, the requirements prescribed by section 4‑3 of this instrument are prescribed in relation to a registered establishment.
Note: Other requirements that must be met are provided by paragraphs 117(2)(a) to (d) of the Act. In addition, an approved arrangement covering operations to prepare the prescribed livestock for export must be in force (see paragraph 117(2)(f) of the Act and item 1 of the table in section 2‑3 of this instrument).
For the purposes of paragraph 123(2)(h) of the Act, the following reasons for making a variation in relation to the registration of a registered establishment are prescribed:
(a) trade in the export from Australian territory of prescribed livestock could be adversely affected if the registration is not varied;
(b) the health or welfare of prescribed livestock to be exported from Australian territory cannot be ensured if the registration is not varied.
(1) For the purposes of paragraph 127(1)(k) of the Act, this section prescribes grounds for suspending the registration of a registered establishment.
Note: Other grounds for suspending the registration of a registered establishment are provided by paragraphs 127(1)(a) to (j) of the Act. One of these grounds is if a requirement (including a requirement prescribed by section 4‑3 of this instrument) is no longer met (see paragraph 127(1)(c) of the Act).
Adverse effect on trading relationship (2) It is a ground for suspension that trade in the export from Australian territory of prescribed livestock could be adversely affected if the registration is not suspended.
Animal health or welfare (3) It is a ground for suspension that the health or welfare of prescribed livestock to be exported from Australian territory cannot be ensured if the registration is not suspended.
Note: The Australian Standards for the Export of Livestock includes requirements relating to animal health and welfare.
Failure to provide additional or corrected information (4) It is a ground for suspension that:
(a) the occupier of the establishment was required to comply with subsection 378(2) of the Act (requirement to provide additional or corrected information) in relation to:
(i) information included in an application under a provision referred to in paragraph 376(1)(b) of the Act relating to the establishment; or
(ii) information or a document given to the Secretary in relation to such an application; and
(b) the occupier failed to comply with the requirement.
(1) For the purposes of paragraph 138(1)(k) of the Act, this section prescribes grounds for revoking the registration of a registered establishment.
Note: Other grounds for revoking the registration of a registered establishment are provided by paragraphs 138(1)(a) to (j) of the Act. One of these grounds is if a requirement (including a requirement prescribed by section 4‑3 of this instrument) is no longer met (see paragraph 138(1)(c) of the Act).
Adverse effect on trading relationship (2) It is a ground for revocation that trade in the export from Australian territory of prescribed livestock could be adversely affected if the registration is not revoked.
Animal health or welfare (3) It is a ground for revocation that the health or welfare of prescribed livestock to be exported from Australian territory cannot be ensured if the registration is not revoked.
Note: The Australian Standards for the Export of Livestock includes requirements relating to animal health and welfare.
Failure to provide additional or corrected information (4) It is a ground for revocation that:
(a) the occupier of the establishment was required to comply with subsection 378(2) of the Act (requirement to provide additional or corrected information) in relation to:
(i) information included in an application under a provision referred to in paragraph 376(1)(b) of the Act relating to the establishment; or
(ii) information or a document given to the Secretary in relation to such an application; and
(b) the occupier failed to comply with the requirement.
This Part applies in relation to the following applications:
(a) an application under section 111 of the Act to register an establishment for a kind of export operations in relation to prescribed livestock;
(b) an application under section 116 of the Act to renew the registration of an establishment for a kind of export operations in relation to prescribed livestock;
(c) an application under section 120 of the Act to do any of the following in relation to an establishment that is registered for a kind of export operations in relation to prescribed livestock:
(i) vary the registration, or the particulars relating to the registration, of the establishment;
(ii) approve an alteration of the establishment;
(iii) vary the conditions of the registration of the establishment.
For the purposes of subsection 379(3) of the Act, the initial consideration period for an application is 120 days.
Note: The consideration period for an application starts on the day after the day the Secretary receives the application (see subsection 379(4) of the Act).
For the purposes of paragraph 379(10)(b) of the Act, the period of 6 months is prescribed.
(1) For the purposes of paragraph 151(2)(d) of the Act, this section prescribes other requirements that must be met for approval of a proposed arrangement for a kind of export operations in relation to prescribed livestock (other than exporter supply chain assurance operations).
Note 1: The requirements provided by paragraphs 151(2) (b) and (c) of the Act must also be met.
Note 2: Part 2 of this Chapter deals with approved arrangements for exporter supply chain assurance operations.
(2) The applicant for approval of the proposed arrangement must hold a livestock export licence to carry out operations to export the prescribed livestock covered by the arrangement.
(3) The proposed arrangement must record that the applicant for approval of the arrangement is committed:
(a) to meeting the objects referred to in section 3 of the Act that are applicable to the export operations and the prescribed livestock covered by the arrangement; and
(b) to complying with the requirements of the Act in relation to those operations; and
(c) to carrying out the export operations in accordance with the arrangement.
(4) The proposed arrangement must cover each step of:
(a) the operations to be carried out to prepare prescribed livestock for export; and
(b) the export operations to be carried out in relation to prescribed livestock that have been exported up until they are unloaded at a port or landing place outside Australian territory.
(5) Carrying out a kind of export operations in relation to the prescribed livestock in accordance with the proposed arrangement will ensure compliance with the Australian Standards for the Export of Livestock.
(6) Carrying out a kind of export operations in accordance with the proposed arrangement will provide a sound basis for issuing:
(a) an export permit for prescribed livestock covered by the arrangement; or
(b) a government certificate in relation to prescribed livestock covered by the arrangement.
(7) Carrying out a kind of export operations in relation to the prescribed livestock in accordance with the proposed arrangement will ensure compliance with any importing country requirements.
(1) For the purposes of paragraph 152(1)(b) of the Act, this Division prescribes conditions of an approved arrangement for a kind of export operations in relation to prescribed livestock (other than exporter supply chain assurance operations).
(2) A provision of this Division applies in relation to an approved arrangement referred to in subsection (1) if the provision relates to a kind of export operations that are covered by the arrangement.
Note 1: If an approved arrangement is renewed, the conditions also apply in relation to the renewed approved arrangement (see paragraph 157(1)(b) of the Act).
Note 2: The holder of an approved arrangement may commit an offence or be liable to a civil penalty if a condition of the approved arrangement is contravened (see section 184 of the Act).
(1) This section applies in relation to an approved arrangement for operations to prepare prescribed livestock for export (by sea or air) at a registered establishment.
(2) The holder of the approved arrangement must give the information referred to in subsection (4) to the occupier of a registered establishment where prescribed livestock covered by the approved arrangement are to be held and assembled for export.
(3) The information must be given to the occupier of the registered establishment as soon as reasonably practicable before the prescribed livestock arrive at the establishment.
(4) For the purposes of subsection (2), the information is as follows:
(a) a description (including number, kind, class and condition) of the prescribed livestock;
(b) the dates the prescribed livestock are expected to arrive at, and depart from, the registered establishment;
(c) the date the prescribed livestock are to be exported;
(d) the importing country requirements relating to sourcing, pre‑export quarantine or isolation, treatment and testing, and the exporter’s plans to meet those requirements;
(e) the Standards in the Australian Standards for the Export of Livestock that are relevant to the prescribed livestock while they are at the registered establishment, and the holder’s plans to meet those Standards;
(f) the applicable requirements in this instrument, and the holder’s plans to meet those requirements.
Note: Section 20 of the Act provides for when goods are exported for the purposes of the Act.
(5) If information given to the occupier of the registered establishment under subsection (2) needs to be changed (for example, because it is incomplete or incorrect) or additional information needs to be given, the holder of the approved arrangement must give the changed or additional information to the occupier as soon as reasonably practicable after becoming aware of the relevant facts.
(1) This section applies in relation to an approved arrangement for operations to prepare prescribed livestock for export by air at premises (the
approved premises ) that are approved under paragraph 8‑5(2)(a) for pre‑export quarantine or isolation of the livestock.(2) The holder of the approved arrangement must give the information referred to in subsection (4) to the occupier of the approved premises where prescribed livestock covered by the approved arrangement are to be held and assembled for export.
(3) The information must be given to the occupier of the approved premises as soon as reasonably practicable before the prescribed livestock arrive at the premises.
(4) For the purposes of subsection (2), the information is as follows:
(a) a description (including number, kind, class and condition) of the prescribed livestock;
(b) the dates the prescribed livestock are expected to arrive at, and depart from, the approved premises;
(c) the date the prescribed livestock are to be exported;
(d) the importing country requirements relating to sourcing, pre‑export quarantine or isolation, treatment and testing, and the exporter’s plans to meet those requirements;
(e) the Standards in the Australian Standards for the Export of Livestock that are relevant to the prescribed livestock while they are at the approved premises, and the holder’s plans to meet those Standards;
(f) the applicable requirements in this instrument, and the exporter’s plans to meet those requirements.
Note: Section 20 of the Act provides for when goods are exported for the purposes of the Act.
(5) If information given to the occupier of the approved premises under subsection (2) needs to be changed (for example, because it is incomplete or incorrect) or additional information needs to be given, the holder of the approved arrangement must give the changed or additional information to the occupier as soon as reasonably practicable after becoming aware of the relevant facts.
An approved arrangement must ensure that all importing country requirements relating to the following are met:
(a) export operations carried out in relation to prescribed livestock in accordance with the arrangement;
(b) the prescribed livestock in relation to which the export operations are carried out.
An approved arrangement must ensure that the requirements of the Australian Standards for the Export of Livestock are met in relation to the following:
(a) export operations carried out in relation to prescribed livestock in accordance with the arrangement;
(b) the prescribed livestock in relation to which the export operations are carried out.
For the purposes of paragraph 155(4)(a) of the Act, the period within which an application to renew an approved arrangement for a kind of export operations in relation to prescribed livestock (other than exporter supply chain assurance operations) must be made is the period of 60 days starting on the day that is 180 days before the expiry date for the approved arrangement.
Note 1: For example, if an approved arrangement expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
Note 2: An application to renew an approved arrangement will only need to be made if there is an expiry date for the approved arrangement (see subsection 155(1) of the Act).
For the purposes of paragraph 161(3)(c) of the Act, it is a requirement in relation to an approved arrangement for a kind of export operations in relation to prescribed livestock (other than exporter supply chain assurance operations) that, if the approved arrangement is varied, or the conditions of the approved arrangement are varied, as proposed, the requirements prescribed by section 5‑1 of this instrument will continue to be met.
(1) For the purposes of paragraph 171(1)(l) of the Act, this section prescribes grounds for suspending an approved arrangement for a kind of export operations in relation to prescribed livestock (other than exporter supply chain assurance operations).
Note: Other grounds for suspending an approved arrangement are provided by paragraphs 171(1)(a) to (k) of the Act. One of these grounds is if a requirement provided by subsection 151(2) of the Act (including a requirement prescribed by Division 1 of this Part) is no longer met (see paragraph 171(1)(c) of the Act).
Adverse effect on trading relationship (2) It is a ground for suspension that trade in the export from Australian territory of prescribed livestock could be adversely affected if the approved arrangement is not suspended.
Animal health or welfare (3) It is a ground for suspension that the health or welfare of prescribed livestock to be exported from Australian territory cannot be ensured if the approved arrangement is not suspended.
Note: The Australian Standards for the Export of Livestock includes requirements relating to animal health and welfare.
Failure to provide additional or corrected information (4) It is a ground for suspension that:
(a) the holder of the approved arrangement was required to comply with subsection 378(2) of the Act (requirement to provide additional or corrected information) in relation to:
(i) information included in an application under a provision referred to in paragraph 376(1)(c) of the Act relating to the arrangement; or
(ii) information or a document given to the Secretary in relation to such an application; and
(b) the holder failed to comply with the requirement.
(1) For the purposes of paragraph 179(1)(l) of the Act, this section prescribes grounds for revoking an approved arrangement for a kind of export operations in relation to prescribed livestock (other than exporter supply chain assurance operations).
Note: Other grounds for revoking an approved arrangement are provided by paragraphs 179(1)(a) to (k) of the Act. One of these grounds is if a requirement provided by subsection 151(2) of the Act (including a requirement prescribed by Division 1 of this Part) is no longer met (see paragraph 179(1)(c) of the Act).
Adverse effect on trading relationship (2) It is a ground for revocation that trade in the export from Australian territory of prescribed livestock could be adversely affected if the approved arrangement is not revoked.
Animal health or welfare (3) It is a ground for revocation that the health or welfare of prescribed livestock to be exported from Australian territory cannot be ensured if the approved arrangement is not revoked.
Note: The Australian Standards for the Export of Livestock includes requirements relating to animal health and welfare.
Failure to provide additional or corrected information (4) It is a ground for revocation that:
(a) the holder of the approved arrangement was required to comply with subsection 378(2) of the Act (requirement to provide additional or corrected information) in relation to:
(i) information included in an application under a provision referred to in paragraph 376(1)(c) of the Act relating to the arrangement; or
(ii) information or a document given to the Secretary in relation to such an application; and
(b) the holder failed to comply with the requirement.
For the purposes of paragraph 151(2)(d) of the Act, this Division prescribes other requirements that must be met for approval of a proposed arrangement for exporter supply chain assurance operations.
Note 1: For
exporter supply chain assurance operations , see section 1‑6 of this instrument.Note 2: An ESCAS may provide that independent auditing and reporting in relation to certain matters covered by the ESCAS is to be carried out in accordance with an approved arrangement for exporter supply chain assurance operations held by a person specified in the ESCAS (see subsection 6‑35(5) of this instrument).
Note 3: The requirements provided by paragraphs 151(2)(b) and (c) of the Act must also be met. It is also a requirement for approval of the proposed arrangement that the applicant is a fit and proper person (see paragraph 151(2)(a) of the Act and section 5‑24 of this instrument).
(1) The applicant for approval of the proposed arrangement:
(a) must be an Australian company; and
(b) must not hold a livestock export licence.
(2) The applicant for approval of the proposed arrangement must not have any direct or indirect pecuniary or other interest that conflicts, or could conflict, with the proper carrying out of the exporter supply chain assurance operations covered by the arrangement.
Note: The application for approval must be accompanied by a declaration stating:
(a) the interests (if any), direct or indirect and pecuniary or otherwise, of the applicant that conflict or could conflict with the applicant’s ability to properly carry out the exporter supply chain assurance operations covered by the arrangement; or
(b) if the applicant has no such interests—that fact (see section 5‑27).
(3) The proposed arrangement must record that the applicant for approval of the proposed arrangement is committed:
(a) to meeting the objects referred to in section 3 of the Act that are applicable to the exporter supply chain assurance operations covered by the arrangement; and
(b) to complying with the requirements of the Act in relation to those operations; and
(c) to carrying out those operations in accordance with the arrangement.
(1) The proposed arrangement must provide for:
(a) rules (the
assurance rules ) for carrying out exporter supply chain assurance operations covered by the arrangement; and(b) standards (the
assurance standards ) that must be met for assurances to be given in relation to entities in accordance with the arrangement.
(2) Without limiting paragraph (1)(a), the assurance rules must provide for the system to be implemented to deal with any identified non‑conformity with the assurance standards by an entity, including the circumstances in which an assurance given in relation to an entity in accordance with the arrangement may be removed.
Note 1: The proposed arrangement (including the assurance rules and assurance standards) may be recorded in one or more separate documents (see paragraph 150(2)(a) of the Act).
Note 2: The assurance rules or assurance standards may need to be varied under Subdivision B of Division 1 of Part 4 of Chapter 5 of the Act if, for example, the International Organisation for Standardisation requirements or the OIE recommendations are varied or replaced. See also paragraph 5‑21(c) of this instrument.
The proposed arrangement must record details of the following matters:
(a) the applicant’s management practices;
(b) the business structure of the applicant;
(c) the persons who are to manage or control the exporter supply chain assurance operations covered by the arrangement;
(d) the system of controls to be implemented to ensure that the conditions prescribed by Division 2 will be complied with in relation to the exporter supply chain assurance operations covered by the arrangement.
The proposed arrangement must specify:
(a) each kind of feeder livestock or slaughter livestock in relation to which exporter supply chain assurance operations covered by the arrangement are to be carried out; and
(b) each country in relation to which those operations are to be carried out in relation to that kind of livestock.
For the purposes of paragraph 152(1)(b) of the Act, this Division prescribes conditions of an approved arrangement for exporter supply chain assurance operations.
Note 1: If an approved arrangement is renewed, the conditions also apply in relation to the renewed approved arrangement (see paragraph 157(1)(b) of the Act).
Note 2: The holder of an approved arrangement may commit an offence or be liable to a civil penalty if a condition of the approved arrangement is contravened (see section 184 of the Act).
(1) The requirements prescribed by Division 1 must continue to be met in relation to the approved arrangement and the holder of the approved arrangement.
(2) For the purposes of subsection (1):
(a) a reference in Division 1 to a proposed arrangement is to be read as a reference to an approved arrangement; and
(b) a reference to the applicant for approval of a proposed arrangement is to be read as a reference to the holder of an approved arrangement.
(1) The holder of an approved arrangement must ensure that exporter supply chain assurance operations covered by the approved arrangement are carried out in accordance with the assurance rules provided by the approved arrangement.
Note: An approved arrangement must provide for assurance rules (see paragraph 5‑11(1)(a)).
(2) The holder of an approved arrangement must not give an assurance in relation to an entity unless:
(a) an audit has been conducted in accordance with the approved arrangement in relation to:
(i) the export operations carried out at or by the entity in relation to a kind of feeder livestock or slaughter livestock; and
(ii) the construction of the premises, and the equipment and facilities used at the premises, where the operations are carried out; and
(b) the audit finds that the operations and the premises meet the assurance standards provided by the approved arrangement.
Note 1: An approved arrangement must provide for assurance standards (see paragraph 5‑11(1)(b)).
Note 2: For
export operations , see section 16 of the Act. Export operations includes operations in relation to goods that have been exported up until the delivery of the goods to their final overseas destination or, in the case of live animals intended to be slaughtered, up until and including the point of slaughter (see paragraph 16(d) of the Act).(3) The holder of an approved arrangement must conduct regular reviews of the assurance rules and assurance standards provided by the approved arrangement.
(1) The holder of an approved arrangement must, on written request by the Secretary, give the Secretary information or documents specified in the request relating to entities in relation to which exporter supply chain assurance operations have been carried out in accordance with the approved arrangement.
Note: Information given in compliance with a request made under this subsection may be disclosed by certain persons for certain purposes (see section 11‑17 (use and disclosure of relevant information relating to prescribed livestock etc.)).
(2) The holder of the approved arrangement must comply with the request:
(a) no later than 10 business days after receiving it; or
(b) if a shorter period is specified in the request under subsection (3)—no later than the period specified in the request.
(3) A request under subsection (1) may specify a period shorter than 10 business days (but not less than 1 business day) for complying with the request if the Secretary reasonably believes that the reason for the request is serious and urgent.
(1) The holder of an approved arrangement must prepare and give to the Secretary a written report on the exporter supply chain assurance operations carried out in accordance with the approved arrangement during each period of 3 months (the
reporting period ) the approved arrangement is in force. The report must be given to the Secretary as soon as practicable after the end of the relevant reporting period.(2) If an approved arrangement ceases to be in force, the holder of the approved arrangement must prepare and give to the Secretary a written report on the exporter supply chain assurance operations carried out in accordance with the approved arrangement during the period (the
reporting period ) after the period covered by the most recent report given under subsection (1). The report must be given to the Secretary as soon as practicable after the approved arrangement has ceased to be in force.(3) Without limiting subsection (1) or (2), a report under that subsection must:
(a) identify each entity in relation to which exporter supply chain assurance operations were carried out in accordance with the approved arrangement during the reporting period; and
(b) set out the findings of audits that were conducted in accordance with the approved arrangement during the reporting period; and
(c) identify each entity in relation to which assurances were given in accordance with the approved arrangement during the reporting period; and
(d) include any other information in relation to the entities referred to in paragraph (a) that the holder considers is relevant to assist exporters to comply with their obligations under Part 9 of Chapter 6 (exporter supply chain assurance systems).
Note: Information included in a report given to the Secretary under subsection (1) or (2) may be disclosed by certain persons for certain purposes (see section 11‑17 (use and disclosure of relevant information relating to prescribed livestock etc.)).
For the purposes of paragraph 155(4)(a) of the Act, the period within which an application to renew an approved arrangement for exporter supply chain assurance operations must be made is the period of 60 days starting on the day that is 180 days before the expiry date for the approved arrangement.
Note 1: For example, if an approved arrangement expires on 8 July in a year (other than a leap year), an application for renewal can be made at any time between 9 January and 10 March in that year.
Note 2: An application to renew an approved arrangement will only need to be made if there is an expiry date for the approved arrangement (see subsection 155(1) of the Act).
For the purposes of paragraph 161(3)(c) of the Act, it is a requirement in relation to an approved arrangement for exporter supply chain assurance operations that, if the approved arrangement is varied, or the conditions of the approved arrangement are varied, as proposed, the requirements prescribed by Division 1 of this Part of this instrument will continue to be met.
For the purposes of subparagraph 164(2)(c)(ii) of the Act, the following kinds of variations are prescribed in relation to an approved arrangement for exporter supply chain assurance operations:
(a) a variation of the business structure of the holder of the approved arrangement;
(b) a variation because of an event referred to in paragraph 186(1)(b) or (c) of the Act (relating to insolvency);
(c) a variation (other than to correct a minor or technical error) to the assurance rules or assurance standards provided by the approved arrangement;
(d) the removal of a country, or the addition of a country, in relation to which the exporter supply chain assurance operations are to be carried out;
(e) a variation that may have the effect that carrying out exporter supply chain assurance operations in accordance with the approved arrangement will no longer ensure compliance with the requirements of the Act in relation to those operations.
Example: For the purposes of paragraph (a), each of the following would be a change in the holder’s business structure:
(a) a change in a person who manages or controls export operations covered by the approved arrangement;
(b) if the holder is a partnership—a change in the membership of the partnership.
Note 1: If the holder of the approved arrangement wishes to make any of the variations prescribed by this section, or vary the arrangement to remove or add a kind of prescribed livestock, the holder must apply to the Secretary under subsection 161(1) of the Act to approve the variation. See also section 164 of the Act.
Note 2: The holder of the approved arrangement may commit an offence or be liable to a civil penalty if a variation of the approved arrangement prescribed by this section is implemented and the variation has not been approved by the Secretary under paragraph 161(2)(a) of the Act (see section 163 of the Act).
(1) For the purposes of subsection 169(2) of the Act, subsections (2) and (3) of this section prescribe the circumstances in which the holder of an approved arrangement may request the Secretary to suspend the approved arrangement or a part of the approved arrangement.
(2) The holder of the approved arrangement considers that some or all of the exporter supply chain assurance operations covered by the arrangement will not be carried out for a continuous period of 12 months or more.
(3) The holder of the approved arrangement does not have personnel with appropriate qualifications or expertise to carry out some or all of the exporter supply chain assurance operations in accordance with the arrangement.
(1) For the purposes of paragraph 169(4)(e) of the Act, subsections (2) and (3) of this section prescribe information that must be included in a request by the holder of an approved arrangement to suspend the approved arrangement or a part of the approved arrangement.
(2) A plan for how each entity, in relation to which exporter supply chain assurance operations were carried out in accordance with the approved arrangement, will be transitioned to alternative export operations to assist the entity to ensure the humane treatment and handling of feeder livestock or slaughter livestock that are exported up until, and including, the point of slaughter.
(3) A written declaration that, at the time the request is made, there are no export operations being carried out at or by any entity, in relation to which exporter supply chain assurance operations were carried out in accordance with the approved arrangement, involving feeder livestock or slaughter livestock.
(4) The written declaration referred to in subsection (3):
(a) must not be made if there are no reasonable grounds for making it; and
(b) must not be false or misleading; and
(c) must be signed and dated by the person who made it; and
(d) if the Secretary has approved a form for making the declaration—must be in that form.
(b) the Secretary had not, under subsection 3.09(2) of that Order:
(i) cancelled the approval; or
(ii) directed that the approved NOI be varied in a specified manner; or
(iii) required the exporter to submit a new NOI for the proposed export; and
(c) the consignment had not been exported before the commencement time;
then the approval continues to have effect after the commencement time as if it were an approval of the notice of intention to export the consignment given under paragraph 8‑11(2)(a) of this instrument.
Note 1: The NOI continues in force after the commencement time as if it were a notice of intention to export the consignment given in compliance with subsection 243(1) of the Act (see item 51 of Schedule 3 to the
Export Control (Consequential Amendments and Transitional Provisions) Act 2020 ). If the NOI had not been approved by the Secretary and had not been withdrawn before the commencement time, the Secretary must decide after the commencement time whether to approve the notice of intention to export the consignment under subsection 8‑11(2) of this instrument.Note 2: If the Secretary had directed that the approved NOI be varied or had required the exporter to give the Secretary a new NOI for the consignment under subsection 3.09(2) of the old Export Control (Animals) Order and the exporter had not complied with the requirement before the commencement time, the exporter must comply with the requirement (by giving the Secretary a notice of intention to export the consignment in compliance with subsection 243(1) of the Act) as soon as practicable after the commencement time (see subitem 52(2) of Schedule 3 to the
Export Control (Consequential Amendments and Transitional Provisions) Act 2020 ).
If:
(a) the Secretary had, under subsection 3.06(4) of the old Export Control (Animals) Order, approved premises for pre‑export quarantine or isolation of live animals (the
consignment ) that are to be exported; and(b) the consignment had not been exported before the commencement time;
then the approval continues to have effect after the commencement time as if it were an approval of the premises for pre‑export quarantine or isolation of the consignment given under paragraph 8‑10(2)(a) of this instrument.
(1) This section applies in relation to a person who, immediately before the commencement time, was approved by the Secretary under subsection 13.18(2) of the old Export Control (General) Order to manufacture an official mark for prescribed livestock, prescribed live animals or prescribed animal reproductive material.
(2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under section 8‑23 of this instrument to manufacture the official mark for prescribed livestock, prescribed live animals or prescribed animal reproductive material (as the case may be).
(1) This section applies in relation to a person who, immediately before the commencement time, was approved by the Secretary under paragraph 13.18(3)(e) of the old Export Control (General) Order as a person who may possess an official mark (other than an official mark that has been applied to goods) for prescribed livestock, prescribed live animals or prescribed animal reproductive material.
(2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under paragraph 8‑24(b) of this instrument to possess the official mark for prescribed livestock, prescribed live animals or prescribed animal reproductive material (as the case may be).
(1) This section applies in relation to a person who, immediately before the commencement time, was approved by the Secretary under paragraph 13.18(3)(e) of the old Export Control (General) Order as a person who may apply an official mark to prescribed livestock, prescribed live animals or prescribed animal reproductive material.
(2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under paragraph 8‑25(b) of this instrument to apply the official mark to prescribed livestock, prescribed live animals or prescribed animal reproductive material (as the case may be).
(1) This section applies in relation to a person who, immediately before the commencement time, was a person approved by the Secretary under subsection 13.18(2) of the old Export Control (General) Order to manufacture an official marking device that is capable of being used to apply an official mark to prescribed livestock, prescribed live animals or prescribed animal reproductive material.
(2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under paragraph 8‑33(b) of this instrument to manufacture or supply the official marking device.
(1) This section applies in relation to a person who, immediately before the commencement time, was a person approved by the Secretary under subsection 13.18(2) of the old Export Control (General) Order to possess an official marking device that is capable of being used to apply an official mark to prescribed livestock, prescribed live animals or prescribed animal reproductive material.
(2) The person is taken, at the commencement time, to have been given a written approval by the Secretary under paragraph 8‑33(b) of this instrument to possess the official marking device.
(1) If:
(a) a veterinarian had been accredited under subsection 4A.06(1) of the old Export Control (Animals) Order to provide pre‑export preparation services under approved export programs in one or more States or Territories; and
(b) the accreditation was in force immediately before the commencement time;
then the accreditation (the
continuing accreditation ) continues to have effect after the commencement time as if the veterinarian had been accredited, under subparagraph 9‑12(1)(a)(i) of this instrument, to carry out pre‑export preparation operations in approved export programs in those States or Territories.(2) If:
(a) a veterinarian had been accredited under subsection 4A.06(1) of the old Export Control (Animals) Order to provide shipboard services under approved export programs; and
(b) the accreditation was in force immediately before the commencement time;
then the accreditation (the
continuing accreditation ) continues to have effect after the commencement time as if the veterinarian had been accredited, under subparagraph 9‑12(1)(a)(ii) of this instrument, to carry out shipboard export operations in approved export programs.Note: If a veterinarian had been accredited to provide both the services referred to in paragraph (1)(a) of this section and the services referred to in paragraph (2)(a) of this section, then the continuing accreditation continues to have effect as if the veterinarian had been accredited to carry out both the export operations referred to in subsection (1) of this section and the export operations referred to in subsection (2) of this section.
(3) The continuing accreditation of a veterinarian:
(a) has effect subject to the conditions (if any) to which the accreditation had been subject under the old Export Control (Animals) Order; and
(b) remains in force for the period of accreditation under that Order.
(1) This section applies if:
(a) a veterinarian had made an application to the Secretary under subsection 4A.04(2) of the old Export Control (Animals) Order for accreditation as a veterinarian; and
(b) no decision on the application had been made before the commencement time.
(2) After the commencement time, the application is taken to be an application made under subsection 9‑11(1) of this instrument.
(3) Section 9‑30 of this instrument does not apply in relation to the application.
(4) Subsection 9‑31(1) of this instrument has effect in relation to the application as if:
(a) the reference to the period of 60 days starting on the day the application is received were a reference to the period of 60 days starting on the day the commencement time occurs; and
(b) paragraph (a) of that subsection were omitted.
If:
(a) Secretary had given a written notice to an accredited veterinarian under subsection 4A.09(1) of the old Export Control (Animals) Order requiring the veterinarian to undertake specified further training; and
(b) the accredited veterinarian had not completed the training before the commencement time;
then the accredited veterinarian must complete the training after the commencement time as required by the notice as if it had been given under subsection 9‑13(6) of this instrument.
If:
(a) an accredited veterinarian had applied to the Secretary under section 4A.08 of the old Export Control (Animals) Order for the accreditation of the veterinarian to be varied; and
(b) no decision on the application had been made before the commencement time;
then, after the commencement time, the application is taken to be an application made under subsection 9‑18(1) of this instrument.
If:
(a) the Secretary had given a written notice to an accredited veterinarian under subsection 4A.06(3) of the old Export Control (Animals) Order adding, varying or removing conditions of the accreditation of the veterinarian; and
(b) the varied conditions had not taken effect before the commencement time;
then the varied conditions take effect after the commencement time in accordance with the notice as if the variation had been made under subsection 9‑18(3) of this instrument and the notice had been given under subsection 9‑18(4) of this instrument.
Suspension of accreditation in force immediately before commencement time (1) If:
(a) the accreditation of a veterinarian had been suspended under section 4A.10 or 4A.11 of the old Export Control (Animals) Order; and
(b) the suspension was in force immediately before the commencement time;
then, after the commencement time, the accreditation of the veterinarian is taken to be suspended under subsection 9‑20(1) of this instrument.
Show cause notice given before commencement time (2) If:
(a) a notice (a
show cause notice ) had been given to an accredited veterinarian under subsection 4A.10(2) of the old Export Control (Animals) Order directing the accredited veterinarian to show cause, within the period set out in the notice, why the accredited veterinarian’s accreditation should not be suspended; and(b) the period had not ended before the commencement time;
then the show cause notice continues to have effect after the commencement time as if it were a notice given to the accredited veterinarian under subsection 9‑20(2) of this instrument.
Notice of suspension given before commencement time (3) If:
(a) the Secretary had given a written notice to an accredited veterinarian under subsection 4A.10(6) or 4A.11(1) of the old Export Control (Animals) Order of the suspension of the accreditation of the veterinarian; and
(b) the suspension had not taken effect before the commencement time;
then:
(c) the Secretary is taken to have decided, at the commencement time, to suspend the accreditation under subsection 9‑20(1) of this instrument; and
(d) the notice has effect after the commencement time as if it had been given under subsection 9‑21(1) of this instrument; and
(e) the suspension takes effect in accordance with the notice.
Note: The Secretary may revoke the suspension (see section 9‑22 of this instrument).
Show cause notice given before commencement time (1) If:
(a) a notice (a
show cause notice ) had been given to an accredited veterinarian under subsection 4A.10(2) of the old Export Control (Animals) Order directing the accredited veterinarian to show cause, within a period set out in the notice, why the accredited veterinarian’s accreditation should not be revoked; and(b) the period had not ended before the commencement time;
then the show cause notice continues to have effect after the commencement time as if it were a notice given to the accredited veterinarian under subsection 9‑24(2) of this instrument.
Notice of revocation given before commencement time (2) If:
(a) the Secretary had given a written notice to an accredited veterinarian under subsection 4A.10(6) of the old Export Control (Animals) Order of the revocation of the accreditation of the veterinarian; and
(b) the revocation had not taken effect before the commencement time;
then:
(c) the Secretary is taken to have decided, at the commencement time, to revoke the accreditation under subsection 9‑24(1) of this instrument; and
(d) the notice has effect after the commencement time as if it had been given under subsection 9‑25(1) of this instrument; and
(e) the revocation takes effect in accordance with the notice.
(1) An approved export program that was in force under Subdivision A of Division 1A.7 of Part 1A of the old Export Control (Animals) Order immediately before the commencement time continues in force after that time as if it had been approved by the Secretary under subsection 311(1) of the Act.
Period of effect of approved export program (2) If there was no expiry date for the approved export program under the old Export Control (Animals) Order, the approved export program continues in force unless it is revoked under section 9‑42 or 9‑43 of this instrument.
(3) If there was an expiry date for the approved export program under the old Export Control (Animals) Order, the approved export program continues in force until that expiry date unless it is revoked under section 9‑42 or 9‑43 of this instrument on or before that date.
(1) This section applies if:
(a) an exporter had made an application to the Secretary under paragraph 1A.35(1)(a) of the old Export Control (Animals) Order for approval of a program of activities; and
(b) no decision on the application had been made before the commencement time.
(2) After the commencement time, the application is taken to be an application made under paragraph 9‑33(1)(b) of this instrument for approval of a program of export operations.
(3) If:
(a) the Secretary had under subsection 1A.36(2) of the old Export Control (Animals) Order requested further information or documents relevant to the application to be given to the Secretary; and
(b) the request had not been complied with before the commencement time;
then, after the commencement time, the request is taken to be a request made under subsection 9‑34(2) of this instrument.
Application to approve variation made but not decided before commencement time (1) If:
(a) the holder of an approved export program had made an application to the Secretary under subsection 1A.38(1) of the old Export Control (Animals) Order to approve a variation of the approved export program; and
(b) no decision on the application had been made before the commencement time;
then, after the commencement time, the application is taken to be an application made under subsection 9‑36(1) of this instrument.
Approval of variation given before commencement time to take effect after commencement time (2) If:
(a) the Secretary had approved a variation of an approved export program under subsection 1A.38(5) of the old Export Control (Animals) Order; and
(b) the Secretary had given the holder of the approved export program a written notice under subsection 1A.38(8) of that Order; and
(c) the variation is to take effect after the commencement time;
then the variation takes effect after the commencement time in accordance with the notice.
Variation notice given by Secretary before commencement time but notice not complied with before commencement time (3) If:
(a) the Secretary had given a written notice to the holder of an approved export program under subsection 1A.39(1) of the old Export Control (Animals) Order requiring the holder to vary the approved export program; and
(b) the holder had not complied with the notice before the commencement time; and
(c) the period specified in the notice for complying with the notice had not ended before the commencement time;
then the notice has effect after the commencement time as if it had been given under subsection 9‑37(1) of this instrument.
Suspension in force immediately before commencement time (1) If:
(a) the whole or a part of an approved export program had been suspended under subsection 1A.41(3) of the old Export Control (Animals) Order; and
(b) the period of the suspension had not ended before the commencement time;
then, after the commencement time, the whole or the part of the approved export program is taken to be suspended under paragraph 9‑39(3)(a) of this instrument.
(2) If:
(a) the whole or a part of an approved export program had been suspended under subsection 1A.42(1) of the old Export Control (Animals) Order; and
(b) the period of the suspension had not ended before the commencement time;
then, after the commencement time, the whole or the part of the approved export program is taken to be suspended under subsection 9‑41(1) of this instrument.
Suspension to take effect after commencement time (3) If:
(a) the Secretary had suspended the whole or a part of an approved export program by written notice given to the holder of the approved export program under subsection 1A.41(3) of the old Export Control (Animals) Order; and
(b) the suspension is to take effect after the commencement time;
then, after the commencement time:
(c) the Secretary is taken to have decided to suspend the accreditation under paragraph 9‑39(3)(a) of this instrument; and
(d) the notice has effect as if it had been given under subsection 9‑39(8) of this instrument; and
(e) the suspension takes effect in accordance with the notice.
Note: The holder may request the Secretary to revoke the suspension (see section 9‑40 of this instrument).
(4) If:
(a) the Secretary had given a written notice to the holder of an approved export program under subsection 1A.42(1) of the old Export Control (Animals) Order stating that the whole or a part of the approved export program is to be suspended; and
(b) the suspension is to take effect after the commencement time;
then, after the commencement time:
(c) the Secretary is taken to have decided to suspend the accreditation under subsection 9‑41(1) of this instrument; and
(d) the suspension takes effect in accordance with the notice.
If:
(a) the whole or a part of an approved export program had been suspended under subsection 1A.41(3) of the old Export Control (Animals) Order; and
(b) the holder of the approved export program had requested the Secretary, under subsection 1A.41(4) of that Order, to cancel the suspension; and
(c) no decision on the request had been made before the commencement time;
then, after the commencement time, the request is taken to be a request made under subsection 9‑40(1) of this instrument to revoke the suspension of the whole or the part of the approved export program.
If:
(a) the holder of an approved export program had requested the Secretary under subsection 1A.41(1) of the old Export Control (Animals) Order to suspend the whole or a part of the approved export program; and
(b) no decision on the request had been made before the commencement time;
then, after the commencement time, the request is taken to be a request made under subsection 9‑39(1) of this instrument.
Request for cancellation made by holder before commencement time (1) If:
(a) the holder of an approved export program had requested the Secretary under subsection 1A.43(1) of that Order to cancel the approved export program; and
(b) the Secretary had not given a written notice to the holder, under subsection 1A.43(2) of that Order, cancelling the approved export program;
then, after the commencement time, the request is taken to be a request made under subsection 9‑42(1) of this instrument to revoke the approved export program.
Cancellation by Secretary to take effect after commencement time (2) If:
(a) the Secretary had given a written notice to the holder of an approved export program under subsection 1A.44(1) of the old Export Control (Animals) Order stating that the approved export program is to be cancelled; and
(b) the cancellation is to take effect after the commencement time;
then, after the commencement time:
(c) the Secretary is taken to have decided to revoke the approved export program under subsection 9‑43(1) of this instrument; and
(d) the revocation takes effect in accordance with the notice.
(1) An approved export program that was in force under Subdivision B of Division 1A.7 of Part 1A of the old Export Control (Animals) Order immediately before the commencement time continues in force after that time as if it had been approved by the Secretary under subsection 311(1) of the Act.
Period of effect of approved export program (2) If there was no expiry date for the approved export program under the old Export Control (Animals) Order, the approved export program continues in force until it is revoked.
(3) If there was an expiry date for the approved export program under the old Export Control (Animals) Order, the approved export program continues in force until that expiry date unless it is revoked.
Notice of variation given before commencement time (1) If:
(a) the Secretary had varied an approved export program under subsection 1A.47(1) of the old Export Control (Animals) Order; and
(b) the Secretary had notified the exporters to whose export activities the approved export program relates under subsection 1A.47(2) of that Order; and
(c) the variation is to take effect after the commencement time;
then the variation takes effect after the commencement time in accordance with the notice.
Notice of variation not given before commencement time (2) If:
(a) the Secretary had varied an approved export program under subsection 1A.47(1) of the old Export Control (Animals) Order; and
(b) the Secretary had not, under subsection 1A.47(2) of that Order, notified the exporters to whose export activities the approved export program relates;
then, after the commencement time, the Secretary must, under subsection 9‑46(2) of this instrument, notify the exporters to whose export operations the approved export program relates.
The amendments of this instrument made by the
Export Control (Animals) Amendment (Northern Hemisphere Summer Prohibition) Rules 2022 apply in relation to a consignment of sheep exported by sea on a vessel that leaves an Australian port on or after the commencement of that instrument (whether the sheep export licence was granted before, on or after that commencement).
The amendments of this instrument made by the
Export Control (Animals) Amendment (Northern Hemisphere Summer Conditions) Rules 2023 apply in relation to a consignment of sheep exported by sea on a vessel that leaves an Australian port on or after the commencement of that instrument (whether the sheep export licence was granted before, on or after that commencement).
In this Part:
amending Rules means theExport Control (Animals) Amendment (Improving Regulatory Outcomes) Rules 2023 .
commencement day means the day the amending Rules commence.
Sections 5‑4A and 5‑4B, as inserted by the amending Rules, apply in relation to approved arrangements granted before, on or after the commencement day.
Section 6‑8A, as inserted by the amending Rules, applies in relation to livestock export licences granted before, on or after the commencement day.
Section 6‑42, as amended by the amending Rules, applies in relation to notices of proposed revocation given on or after the commencement day.
Section 8‑9 and 8‑14, as amended by the amending Rules, apply in relation to statements made, or information or documents given to the Secretary, the Department or another person, before, on or after the commencement day.
In this Part:
amending Rules means theExport Control Legislation Amendment (2025 Measures No. 1) Rules 2025 .
commencement day means the day on which Part 2 of Schedule 1 to the amending Rules commences.
(1) The amendments of section 2‑1 made by the amending Rules apply in relation to goods in respect of which a direction under paragraph 135(2)(b) of the
Biosecurity Act 2015 is made on or after the commencement day.(2) The amendment of section 4‑3 made by the amending Rules applies in relation to applications under section 111, 116 or 120 of the Act made on or after the commencement day.
(3) Section 6‑26A, as inserted by the amending Rules, applies in relation to applications under section 195 of the Act made on or after the commencement day.
(4) The amendment of section 8‑6 made by the amending Rules applies in relation to notices of intention to export goods given under section 8‑5 on or after the commencement day.
(5) The amendments of section 9‑13 made by the amending Rules apply in relation to accreditations under section 9‑12 granted before, on or after the commencement day.
(6) Paragraph 9‑26(3)(b), as inserted by the amending Rules, applies in relation to documents given to, or generated by, a veterinarian on or after the commencement day.
Section 11‑17, as added by the
Export Control Legislation Amendment (Information Management) Rules 2025 , applies in relation to the use or disclosure of relevant information on or after the day on which that instrument commences, whether the information was obtained or generated before, on or after that day.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = | Sch = Schedule(s) |
LIA = | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
Export Control (Animals) Rules 2021 | 24 March 2021 (F2021L00319) | 28 March 2021 (s 1‑2(1) item 1) | |
Export Control (Animals) Amendments (Exports to Kingdom of Saudi Arabia) Rules 2021 | 16 July 2021 (F2021L00992) | 17 July 2021 (s 2(1) item 1) | — |
Export Control Legislation Amendment (2021 Measures No. 1) Rules 2021 | 7 December 2021 (F2021L01730) | Sch 1: 1 January 2022 (s 2(1) item 2) | — |
Export Control (Animals) Amendment (Northern Hemisphere Summer Prohibition) Rules 2022 | 5 April 2022 (F2022L00537) | 6 April 2022 (s 2(1) item 1) | — |
Export Control (Animals) Amendment (Northern Hemisphere Summer Conditions) Rules 2023 | 31 March 2023 (F2023L00391) | 1 April 2023 (s 2(1) item 1) | — |
Export Control (Animals) Amendment (Improving Regulatory Outcomes) Rules 2023 | 18 December 2023 (F2023L01700) | 19 December 2023 (s 2(1) item 1) | — |
Export Control Legislation Amendment (2024 Measures No. 1) Rules 2024 | 29 April 2024 (F2024L00481) | Sch 1 (item 1): 30 April 2024 (s 2(1) item 1) | — |
Export Control Legislation Amendment (2025 Measures No. 1) Rules 2025 | 12 Feb 2025 (F2025L00120) | Sch 1 (items 11–23): 26 Feb 2025 (s 2(1) item 3) | — |
Export Control Legislation Amendment (Information Management) Rules 2025 | 25 Feb 2025 (F2025L00189) | Sch 1 (items 1–19): 26 Feb 2025 (s 2(1) item 1) | — |
s 1‑2.......................................... | rep LA s 48D |
s 1‑6.......................................... | am F2022L00537; F2023L00391; F2025L00120 |
s 2‑1.......................................... | am F2025L00120 |
s 2‑14A...................................... | ad F2023L01700 |
s 2‑16A...................................... | ad F2023L01700 |
s 2‑20......................................... | rep F2023L01700 |
s 2‑21......................................... | am F2023L01700 |
s 2‑24......................................... | am F2021L01730 |
s 4‑3.......................................... | am F2025L00120 |
s 4‑5A........................................ | ad F2021L01730 |
am F2025L00189 | |
Part 9......................................... | ad F2021L01730 |
rep F2025L00189 | |
s 4‑18......................................... | ad F2021L01730 |
rep F2025L00189 | |
s 5‑1.......................................... | am F2023L01700 |
s 5‑4A........................................ | ad F2023L01700 |
s 5‑4B........................................ | ad F2023L01700 |
s 5‑17......................................... | am F2025L00189 |
s 5‑18......................................... | am F2025L00189 |
s 5‑21A...................................... | ad F2023L01700 |
s 5‑21B...................................... | ad F2023L01700 |
s 5‑22......................................... | am F2023L01700 |
Division 8.................................. | rep F2025L00189 |
s 5‑25......................................... | rep F2025L00189 |
s 6‑6.......................................... | am F2021L01730; F2025L00189 |
s 6‑8A........................................ | ad F2023L01700 |
s 6‑13......................................... | am F2022L00537 |
s 6‑14......................................... | rs F2022L00537 |
s 6‑14A...................................... | ad F2022L00537 |
s 6‑14B...................................... | ad F2022L00537 |
am F2023L00391 | |
s 6‑16......................................... | am F2023L00391 |
s 6‑17......................................... | am F2023L00391 |
s 6‑18......................................... | am F2023L00391; F2025L00189 |
s 6‑19......................................... | am F2023L00391 |
s 6‑19A...................................... | ad F2023L00391 |
s 6‑23......................................... | am F2023L00391 |
s 6‑24......................................... | am F2021L00992; F2025L00120 |
s 6‑26A...................................... | ad F2025L00120 |
s 6‑42......................................... | am F2023L01700 |
s 6‑42A...................................... | ad F2023L01700 |
Part 10....................................... | rep F2025L00189 |
s 6‑44......................................... | am F2021L01730 |
rep F2025L00189 | |
s 8‑6.......................................... | am F2021L01730; F2025L00120 |
s 8‑9.......................................... | am F2023L01700 |
s 8‑11......................................... | am F2021L01730 |
s 8‑14......................................... | am F2023L01700 |
s 8‑26......................................... | am F2021L01730 |
s 9‑4.......................................... | am F2021L01730 |
s 9‑5.......................................... | am F2025L00189 |
s 9‑13......................................... | am F2025L00120 |
s 9‑19......................................... | am F2023L01700 |
s 9‑20......................................... | am F2023L01700; F2025L00189 |
s 9‑21......................................... | am F2023L01700 |
s 9‑24......................................... | am F2023L01700; F2025L00189 |
s 9‑25......................................... | am F2023L01700 |
s 9‑26......................................... | am F2023L01700; F2025L00120 |
s 9‑27......................................... | am F2021L01730; F2025L00189 |
Subdivision E............................. | ad F2023L01700 |
s 9‑43A...................................... | ad F2023L01700 |
s 9‑48......................................... | am F2021L01730 |
rep F2025L00189 | |
Part 5......................................... | ad F2022L00537 |
s 9‑51......................................... | ad F2022L00537 |
s 9‑52......................................... | ad F2023L01700 |
Part 6......................................... | ad F2023L01700 |
s 9‑53......................................... | ad F2023L01700 |
s 9‑54......................................... | ad F2023L01700 |
s 11‑1......................................... | am F2023L01700 |
Part 6 heading............................. | rs F2025L00189 |
s 11‑16....................................... | am F2024L00481 |
s 11‑17....................................... | ad F2025L00189 |
Chapter 12 heading...................... | am F2022L00537 |
s 12‑1......................................... | am F2022L00537 |
Part 6......................................... | ad F2022L00537 |
s 12‑32....................................... | ad F2022L00537 |
Part 7......................................... | ad F2023L00391 |
s 12‑33....................................... | ad F2023L00391 |
Part 8......................................... | ad F2023L01700 |
s 12‑34....................................... | ad F2023L01700 |
s 12‑35....................................... | ad F2023L01700 |
s 12‑36....................................... | ad F2023L01700 |
s 12‑37....................................... | ad F2023L01700 |
s 12‑38....................................... | ad F2023L01700 |
Part 9......................................... | ad F2025L00120 |
s 12‑39....................................... | ad F2025L00120 |
s 12‑40....................................... | ad F2025L00120 |
Part 10....................................... | ad F2025L00189 |
s 12‑41....................................... | ad F2025L00189 |
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