Untitled document
Export Control (Animals) Order 2004
made under regulation 3 of the
Export Control (Orders) Regulations 1982
Compilation No. 17
Compilation date: 1 October 2018
Includes amendments up to: F2018L01118
Registered: 24 October 2018
This compilation includes commenced amendments made by F2018L01011
About this compilation
This compilation
This is a compilation of the Export Control (Animals) Order 2004 that shows the text of the law as amended and in force on 1 October 2018 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
1.01....................... Name of Order.............................................................................................. 1
1.04....................... Live animals and animal reproductive material to be prescribed goods......... 1
1.05....................... Definitions.................................................................................................... 1
1.05A.................... Application of the Export Control (Prescribed Goods—General) Order 2005 in relation to this Order...................................................................................................... 2
1.06....................... Effect of State and Territory laws.................................................................. 3
Part 1A—Export of live‑stock 4
Division 1A.1—Conditional prohibition on live‑stock exports 4
1A.01.................... Prohibition on live‑stock exports.................................................................. 4
Division 1A.2—Approved arrangements for preparation of live‑stock 5
Subdivision A—Applications for approval of arrangements 5
1A.02.................... Application for approval of arrangement....................................................... 5
1A.03.................... Assessment of application and Secretary’s decision..................................... 5
1A.04.................... When the Secretary is taken to have refused application............................... 5
1A.05.................... When the Secretary may approve the arrangement........................................ 6
1A.06.................... Notice of decision not to approve an arrangement......................................... 6
1A.07.................... Approval of arrangement may be subject to conditions................................. 6
Subdivision B—Variation of approved arrangement 7
1A.08.................... Variation to be recorded................................................................................ 7
1A.09.................... Variation requiring notification and approval before implementation............ 7
1A.10.................... Variation required by the Secretary............................................................... 8
1A.11.................... When an arrangement includes a variation.................................................... 8
Subdivision C—Suspension and revocation of approvals of arrangements, and termination of approved arrangements 9
1A.12.................... Grounds for suspension or revocation.......................................................... 9
1A.13.................... Notice of suspension or revocation............................................................. 10
1A.14.................... Revocation of suspended arrangement........................................................ 10
1A.15.................... Termination................................................................................................. 10
1A.16.................... Secretary may require exporter to take action.............................................. 10
1A.17.................... Exporter must take action as required.......................................................... 11
1A.18.................... When an approved arrangement ceases to have effect................................. 11
Division 1A.3—Exporter supply chain assurance systems (ESCASs) 12
1A.19.................... Exporter supply chain assurance systems (ESCASs)................................. 12
1A.20.................... Giving ESCASs to Secretary...................................................................... 12
1A.21.................... Approval of ESCASs................................................................................. 13
1A.22.................... Effect of approval of ESCASs.................................................................... 13
1A.23.................... Variation and revocation of approved ESCASs.......................................... 13
Division 1A.4—Notices of intention to export (NOIs) 15
1A.24.................... Notice of intention to export (NOI)............................................................. 15
1A.25.................... Giving NOI to Secretary............................................................................. 16
1A.25A................. Approval of NOI........................................................................................ 16
1A.26.................... What happens if circumstances change after NOI is given.......................... 17
1A.27.................... Approval of premises for quarantine or isolation before export by air........ 17
Division 1A.5—Information exporter must give operator of registered premises 18
1A.28.................... Information exporter must give operator of registered premises where live‑stock are held and assembled for export................................................................................... 18
Division 1A.6—Export permits and health certificates 19
1A.29.................... Application for export permit and health certificate..................................... 19
1A.30.................... Grant of export permit................................................................................. 20
1A.31.................... Refusal to grant permit................................................................................ 22
1A.32.................... Revocation of export permit........................................................................ 22
1A.33.................... Health certificate.......................................................................................... 23
1A.34.................... Revocation of health certificate.................................................................... 24
Division 1A.7—Approved export programs 25
Subdivision A—Exporter’s approved export programs 25
1A.35.................... Application by exporter for approval of program of activities..................... 25
1A.36.................... Assessment of application and Secretary’s decision................................... 25
1A.37.................... Period of effect of approved export program.............................................. 27
1A.38.................... Holder may apply for approval of variation of approved export program... 27
1A.39.................... Secretary may require holder to vary approved export program.................. 28
1A.40.................... When an approved export program includes a variation.............................. 29
1A.41.................... Holder may request suspension of approved export program..................... 29
1A.42.................... Secretary may suspend approved export program....................................... 30
1A.43.................... Holder may request cancellation of approved export program.................... 31
1A.44.................... Secretary may cancel approved export program.......................................... 31
Subdivision B—Secretary’s approved export programs 31
1A.45.................... Approvals of programs of activities to be undertaken by authorised officers 31
1A.46.................... Period of effect of approved export program.............................................. 32
1A.47.................... Secretary may vary approved export program............................................. 32
Subdivision C—Other powers of Secretary 33
1A.48.................... Secretary may give direction to exporter in relation to implementation of approved export program....................................................................................................... 33
1A.49.................... Secretary may publish records and reports in relation to approved export programs.................................................................................................................... 33
Subdivision D—Other provisions 33
1A.50.................... Circumstances in which exporter must allow accredited veterinarian or authorised officer to accompany live‑stock.................................................................................. 33
1A.51.................... Inconsistency between activities in Secretary’s approved export program and exporter’s approved export program............................................................................ 34
1A.52.................... Payment of costs of authorised officers etc................................................. 34
Part 2—Registration of premises 35
2.01....................... Definitions for this Part............................................................................... 35
2.03....................... Application of this Part............................................................................... 35
2.04....................... Application for registration......................................................................... 35
2.05....................... Operations manuals..................................................................................... 36
2.06....................... Assessment of application........................................................................... 36
2.07....................... Decision on registration of premises........................................................... 36
2.08....................... Notice of decision....................................................................................... 37
2.09....................... Registration—duration etc........................................................................... 38
2.10....................... Registration—conditions............................................................................. 38
2.11....................... Changes to operations manuals................................................................... 39
2.12....................... Renewal of registration............................................................................... 39
2.13....................... Variation of registration.............................................................................. 40
2.14....................... Show‑cause notices..................................................................................... 40
2.15....................... Cancellation of registration.......................................................................... 40
2.16....................... Notice of cancellation.................................................................................. 41
Part 3—Export of live animals other than live‑stock 42
3.01....................... Application of this Part............................................................................... 42
3.02....................... Definitions for this Part............................................................................... 42
3.03....................... Prohibition on live animal exports............................................................... 42
3.04....................... Notices of intention to export (NOIs)......................................................... 42
3.05....................... Giving NOIs to Secretary........................................................................... 43
3.06....................... Approval of premises for pre‑export quarantine or isolation....................... 43
3.07....................... Approval of NOIs....................................................................................... 43
3.08....................... Effect of approval of NOIs......................................................................... 44
3.09....................... What happens if circumstances change (NOI)............................................ 44
3.13....................... Payment of costs of authorised officers etc................................................. 44
3.14....................... Health certificates........................................................................................ 45
3.15....................... Grant of export permit for export of live animals........................................ 45
3.16....................... Refusal to grant permit................................................................................ 46
3.17....................... Revocation of export permits...................................................................... 47
Part 4—Export of animal reproductive material 48
4.01....................... Prohibition on export of animal reproductive material................................. 48
4.02....................... Giving notice of intention to export for export of animal reproductive material 48
4.03....................... Health certificates........................................................................................ 49
4.04....................... Export permit for animal reproductive material........................................... 49
Part 4A—Accreditation of veterinarians for live‑stock export 51
4A.01.................... Definitions.................................................................................................. 51
4A.02.................... Accredited veterinarians.............................................................................. 51
4A.04.................... Application for accreditation....................................................................... 51
4A.05.................... Period of accreditation................................................................................. 52
4A.06.................... Type of accreditation................................................................................... 52
4A.07.................... Decision to accredit..................................................................................... 52
4A.08.................... Variation of accreditation............................................................................ 52
4A.09.................... Other conditions of accreditation................................................................. 53
4A.10.................... Revocation and suspension of accreditation................................................ 53
4A.11.................... Immediate suspension of accreditation in some circumstances.................... 54
4A.12.................... Effect of suspension.................................................................................... 55
4A.13.................... Reinstatement after revocation..................................................................... 55
4A.14.................... Accredited veterinarians to keep certain records.......................................... 55
4A.15.................... Reports by accredited veterinarians on voyages.......................................... 56
Part 5—Audit 58
5.01....................... Definition.................................................................................................... 58
5.01A.................... Part does not limit conditions that can be imposed on an ESCAS............... 58
5.02....................... Purpose of audit.......................................................................................... 58
5.03....................... Audit frequency and intensity..................................................................... 58
5.04....................... Who is to carry out audits........................................................................... 59
5.05....................... Operator etc to provide assistance............................................................... 59
5.06....................... Immediate notification of failures................................................................ 59
5.07....................... Audit reports............................................................................................... 59
Part 6—Miscellaneous 61
6.01....................... Use of official marks................................................................................... 61
6.02....................... Samples....................................................................................................... 61
6.03....................... Reconsideration and review of decisions.................................................... 61
6.04....................... Disclosure of animal export information..................................................... 61
6.05....................... Collection of information from agriculture regulators................................. 62
Part 7—Transitional 63
Division 1—Transitional provisions relating to the Export Control (Animals) Amendment (2014 Measures No. 1) Order 2014 63
7.04....................... Transitional arrangements in relation to ESCASs—indefinite..................... 63
7.05....................... Effect of declaration under section 7.04...................................................... 63
Division 2—Transitional provisions relating to the Export Control (Animals) Amendment (2017 Measures No. 1) Order 2017 64
7.07....................... Application of amendments made by the Export Control (Animals) Amendment (2017 Measures No. 1) Order 2017..................................................................... 64
Division 3—Transitional provisions relating to the Export Control (Animals) Amendment (Approved Export Programs and Other Measures) Order 2018 65
7.08....................... Definitions.................................................................................................. 65
7.09....................... Application of amendments—conditions of export of live‑stock................ 65
7.10....................... Application of amendments—application for approval of proposed arrangement 65
7.11....................... Application of amendments—applications for export permits and health certificates for live‑stock..................................................................................................... 65
7.12....................... Transitional—programs of activities in approved arrangements to be undertaken by accredited veterinarians............................................................................... 66
7.13....................... Transitional—exporter must apply for approval of program of activities.... 66
7.14....................... Transitional—application for approval of variation of approved arrangement 67
7.15....................... Transitional—approved arrangement suspended in full immediately before commencement time............................................................................................................. 68
7.16....................... Transitional—approved arrangement suspended in part immediately before commencement time............................................................................................................. 68
7.17....................... Application of amendments—applications for export permits and health certificates for sheep to be exported by sea................................................................................... 70
7.18....................... Application of amendments—Secretary’s approved export programs........ 70
Division 4—Transitional provisions relating to the Export Control (Animals) Amendment (Notices of Intention to Export) Order 2018 71
7.19....................... Application of amendments—approval of NOIs......................................... 71
Endnotes72
Endnote 1—About the endnotes 72
Endnote 2—Abbreviation key 73
Endnote 3—Legislation history 74
Endnote 4—Amendment history 76
Part 1—Preliminary
1.01 Name of Order
This Order is the Export Control (Animals) Order 2004.
1.04 Live animals and animal reproductive material to be prescribed goods
For the purposes of the definition of prescribed goods in section 3 of the Act, the following are prescribed goods:
(a) live animals;
(b) animal reproductive material.
1.05 Definitions
(1) In this Order:
agriculture regulator has the meaning given by subsection 6.04(3).
AMLI Act means the Australian Meat and Live‑stock Industry Act 1997.
animal reproductive material means any part of an animal from which another animal can be produced, and includes an embryo, an egg or ovum, or semen.
approved arrangement means an arrangement for the preparation of live‑stock for export by an exporter that is approved by the Secretary under Division 1A.2.
Australian Standards for the Export of Live‑stock means the document of that name referred to in the Australian Meat and Live‑stock Industry (Standards) Order 2005.
ESCAS means exporter supply chain assurance system.
exporter, in relation to an animal or animal reproductive material that is to be exported, means the person intending to export it.
holder of an approved export program means the exporter to whom the approval of the program under paragraph 1A.36(1)(a) was given.
live‑stock means cattle, sheep, goats, deer, buffalo and camelids (that is, camels, llamas, alpacas and vicuñas), and includes the young of an animal of any of those kinds.
NOI means notice of intention to export.
OIE recommendations means the recommendations and standards set out in Section 7 of the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health.
Note: On 1 March 2012, the Terrestrial Animal Health Code (2010) was available on the Internet at information has the same meaning as in the Privacy Act 1988.
registered premises means premises registered under Part 2.
voyage includes a flight of an aircraft.
Note: The Act means the Export Control Act 1982—see regulation 2 of the Export Control (Orders) Regulations 1982.
(2) A person’s basic details are the following:
(a) the person’s name;
(b) the person’s business address;
(c) if the person is an individual, his or her telephone number, fax number (if any) and e‑mail address (if any);
(d) the person’s ABN, if any;
(e) if the person is a corporation:
(i) its business address and ACN; and
(ii) the name, telephone and fax numbers, and e‑mail address (if any) of a contact person.
(3) A reference to importing country requirements in relation to an export of live animals or animal reproductive material is a reference to:
(a) the requirements of the relevant importing country protocol; and
(b) the requirements or conditions of the relevant import permit (including any waiver or variation of a requirement of the importing country protocol).
(4) For the purposes of this Order, a day is a working day for the purpose of doing something if it is not a Saturday, a Sunday, or a public holiday in the place where the thing is to be done.
1.05A Application of the Export Control (Prescribed Goods—General) Order 2005 in relation to this Order
Despite section 1.03 of the Export Control (Prescribed Goods—General) Order 2005, only the following provisions of that Order are to be read as one with this Order under that section:
(a) Part 3 (Exemptions);
(b) section 4.05 (Who is a fit and proper person);
(c) section 4.23 (Secretary may vary registration of establishment);
(d) section 4.31 (Suspension of operations at registered establishment because of hygiene or inspection);
(e) section 6.06 (Revoked permit to be surrendered);
(f) section 6.07 (Exporter to be responsible for goods);
(g) Part 13 (Official marks and official marking devices);
(h) Part 16 (Reconsideration and review of decisions);
(i) section 17.05 (Penal provisions);
(j) other provisions of that Order so far as they relate to any of the provisions of that Order that apply because of paragraph (a), (b), (c), (d), (e), (f), (g), (h) or (i) of this subsection.
1.06 Effect of State and Territory laws
(1) Nothing in this Order affects the operation of a law of a State or Territory if:
(a) it is possible to comply with both this Order and the State or Territory law at once; or
(b) in particular, compliance with the State or Territory law will also constitute compliance with this Order.
(2) Nothing in this Order, or in the Australian Standards for the Export of Live‑stock, is taken to require the Commonwealth, the Secretary or an authorised officer to administer or enforce any law of a State or Territory or any code of practice or similar instrument having effect under the law of a State or Territory.
Part 1A—Export of live‑stock
Division 1A.1—Conditional prohibition on live‑stock exports
1A.01 Prohibition on live‑stock exports
The export of live‑stock is prohibited unless the following conditions are complied with:
(a) the exporter holds a live‑stock export licence under the AMLI Act;
(b) the Secretary has approved an ESCAS, unless an ESCAS is not required because of subsection 1A.19(4);
(c) an NOI for the export has been approved under section 1A.25A, the approval is in force and, if the exporter was required to vary the NOI under section 1A.26, the NOI has been varied as required;
(d) if the export is by sea—the live‑stock are held before export, and assembled for export, in registered premises;
(e) if the export is by air and the importing country requirements require the live‑stock to be prepared at premises approved for pre‑export quarantine or isolation—the live‑stock are held before export, and assembled for export, in registered premises or premises approved under section 1A.27;
(f) if the live‑stock are held before export, and assembled for export, in registered premises—the exporter has given the operator of the registered premises information as required by section 1A.28;
(g) an approved arrangement for the exporter is in effect in relation to the live‑stock;
(h) the live‑stock have been prepared in accordance with the approved arrangement and any conditions on the approval of the arrangement;
(ha) the exporter is the holder of an approved export program in force under Subdivision A of Division 1A.7 that applies to some or all of the export activities of the exporter in relation to the live‑stock;
(i) an export permit for the export by the exporter is in force;
(j) the live‑stock are exported to the place, and by the means, specified in the export permit;
(k) the exporter complies with the approved arrangement, the approved ESCAS and any condition on the approval of either;
(l) the exporter complies with any condition of the export permit.
Division 1A.2—Approved arrangements for preparation of live‑stock
Subdivision A—Applications for approval of arrangements
1A.02 Application for approval of arrangement
(1) An exporter who wants to export live‑stock may apply in writing to the Secretary for approval of an arrangement that:
(a) is for the preparation of all live‑stock for export by the exporter; and
(b) identifies:
(i) the classes and kinds of live‑stock that may be exported by the exporter; and
(ii) the places to which each class and kind may be exported; and
(iii) the means by which each class and kind may be exported; and
(c) is recorded in writing.
(2) The written record of the arrangement for which approval is sought must:
(a) accompany the application; or
(b) be made available for evaluation by the Secretary.
1A.03 Assessment of application and Secretary’s decision
(1) For the purposes of deciding whether to approve the arrangement, the Secretary may evaluate the arrangement in an audit.
(2) For the purposes of deciding whether to approve the arrangement, the Secretary may request any of the following that the Secretary reasonably requires:
(a) further information or documents of the kind specified by the Secretary;
(b) a demonstration of the operations and procedures to be followed in the preparation of live‑stock for export;
(c) the applicant’s consent to the use (at the applicant’s expense) of an appropriately qualified person nominated by the Secretary in any inspection, evaluation or demonstration.
1A.04 When the Secretary is taken to have refused application
The Secretary is taken to have refused the application if the Secretary has not made a decision on whether to approve the arrangement within 60 days after:
(a) the day the application was received; or
(b) if the application was varied—the day the application was varied;
not including any period between the Secretary making a written request under subsection 1A.03(2) and the applicant meeting the request.
1A.05 When the Secretary may approve the arrangement
(1) The Secretary may, by written notice given to the applicant, approve the arrangement for the preparation of live‑stock for export if the Secretary is satisfied that:
(a) the arrangement covers each step of the preparation; and
(b) acting in accordance with the arrangement will ensure compliance with:
(i) this Order; and
(ii) the Australian Standards for the Export of Live‑stock; and
(iii) conditions to which the applicant’s live‑stock export licence under the AMLI Act covering the proposed export is subject or will be, or is likely to be, subject if the applicant is granted such a licence; and
(iv) importing country requirements for the live‑stock; and
(c) preparation of live‑stock for export in accordance with the arrangement will provide a sound basis for giving an export permit and health certificate for the live‑stock; and
(e) the applicant will act in accordance with the arrangement.
(2) The approval takes effect:
(a) on the day specified in the approval as being the day it takes effect; or
(b) if no such day is specified—when written notice of the approval is given to the applicant.
1A.06 Notice of decision not to approve an arrangement
(1) If the Secretary decides not to approve an arrangement, the Secretary must give the applicant written notice of the decision.
(2) The notice must set out:
(a) the reasons for the decision; and
(b) the applicant’s right to apply for reconsideration of the decision.
Note: For reconsideration and review of decisions, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
1A.07 Approval of arrangement may be subject to conditions
(1) The Secretary may:
(a) approve, subject to conditions specified in the notice of approval, an arrangement for the preparation of live‑stock for export by an exporter; and
(b) by written notice given to the exporter, impose new conditions or vary or revoke the conditions on the approval of the arrangement.
Note: For example, conditions may relate to:
(a) audit; and
(b) holding a live‑stock export licence under the AMLI Act.
(2) The conditions must be for the purpose of achieving the outcomes described in paragraphs 1A.05(1)(b), (c) and (e).
Note: If there is a failure to act in accordance with the arrangement or comply with the conditions of approval, the Secretary may suspend or revoke the approval of the arrangement: see section 1A.12.
(3) A notice under paragraph (1)(b) imposing new conditions or varying conditions must set out:
(a) the reasons for the decision to impose or vary the conditions; and
(b) the exporter’s right to apply for reconsideration of the decision.
Note: For reconsideration and review of decisions, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
Subdivision B—Variation of approved arrangement
1A.08 Variation to be recorded
A record must be made of each variation of an approved arrangement.
1A.09 Variation requiring notification and approval before implementation
(1) This section applies to a proposed variation by an exporter of an approved arrangement that (alone or in combination with one or more other variations) has the potential to adversely affect:
(a) the likelihood of compliance with the requirements of this Order, the Australian Standards for the Export of Live‑stock or an applicable importing country requirement; or
(b) an accurate assessment being made as to whether:
(i) there is compliance with the requirements of this Order, the Australian Standards for the Export of Live‑stock or an applicable importing country requirement; or
(ii) the exporter is complying with the approved arrangement or a condition on the approval of the arrangement.
(2) The proposed variation must not be implemented unless:
(a) the exporter makes a written application to the Secretary for approval to vary the arrangement; and
(b) the Secretary gives the exporter a written notice approving the variation.
Note: A variation needs to be recorded, whether this section applies to it or not (see section 1A.08).
(3) For the purposes of deciding whether to approve the proposed variation, the Secretary may request any further information or documents of the kind specified by the Secretary that the Secretary reasonably requires.
(4) The Secretary is taken to have refused the application if the Secretary has not made a decision on whether to approve the variation within 60 days after the day the application was received (not including any period between the Secretary making a written request under subsection (3) and the applicant meeting the request).
1A.10 Variation required by the Secretary
(1) The Secretary may give an exporter a written notice requiring an exporter to submit a variation of an approved arrangement for the preparation of live‑stock for export by the exporter if:
(a) circumstances relating to the preparation of live‑stock for export by the exporter change; or
(b) the Secretary is not satisfied that acting in accordance with the arrangement will achieve the outcomes described in paragraph 1A.05(1)(b) or (c); or
(d) the Secretary is not satisfied that the exporter will act in accordance with the arrangement; or
(e) an applicable importing country requirement changes; or
(f) the Australian Standards for the Export of Live‑stock change because of an amendment of the Australian Meat and Live‑stock Industry (Standards) Order 2005.
(2) The notice must:
(a) identify (in general or specific terms) the variation required; and
(b) specify the period within which the variation must be submitted to the Secretary; and
(c) set out:
(i) the reasons for the decision to require the exporter to submit the variation; and
(ii) the exporter’s right to apply for reconsideration of the decision.
Note: For reconsideration and review of decisions, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
(3) The Secretary may give the exporter a written notice approving the variation submitted.
(4) An exporter who is given a notice under subsection (1) must not fail to submit the variation specified in the notice within the period specified.
(5) The Secretary may amend or revoke a notice under subsection (1) by giving a further written notice to the exporter.
1A.11 When an arrangement includes a variation
(1) An approved arrangement includes a variation of the arrangement.
(2) However, an approved arrangement includes a variation of a kind described in section 1A.09 or 1A.10 only when the Secretary gives a notice approving the variation in accordance with that section.
Subdivision C—Suspension and revocation of approvals of arrangements, and termination of approved arrangements
1A.12 Grounds for suspension or revocation
(1) The Secretary may give an exporter written notice suspending or revoking the approval of an arrangement for the preparation of live‑stock for export by the exporter if the Secretary reasonably believes that:
(a) the exporter has not:
(i) complied with this Order, the Australian Standards for the Export of Live‑stock or an importing country requirement; or
(ii) acted in accordance with the arrangement; or
(iii) complied with a condition of the approval of the arrangement; or
(b) acting in accordance with the arrangement is not a reliable or effective way of achieving the outcomes described in paragraphs 1A.05(1)(b) and (c); or
(c) the exporter has made a statement that is false, misleading, or incomplete, or for which there is no sound basis, in:
(i) an application or other document given to the Secretary; or
(ii) a document or information required under this Order, the arrangement or a condition of the approval of the arrangement; or
(d) the exporter has failed to provide the assistance referred to in section 5.05 (about audits); or
(e) the exporter has failed to make available to an authorised officer a document that the exporter is required to retain, under a requirement of this Order, the arrangement or a condition of the approval of the arrangement.
(2) The suspension or revocation of the approval of the arrangement may be:
(a) in full; or
(b) in part, in respect of:
(i) one or more kinds or classes of live‑stock; or
(ii) one or more places to which a kind or class of live‑stock may be exported by the exporter; or
(iii) one or more means by which a kind or class of live‑stock may be exported by the exporter.
(3) The suspension or revocation takes effect:
(a) on the day specified in the written notice given under subsection (1) as being the day it takes effect; or
(b) if no such day is specified—when the written notice is given to the exporter.
1A.13 Notice of suspension or revocation
(1) If the Secretary suspends or revokes the approval of an arrangement for the preparation of live‑stock for export by an exporter, the Secretary must give the exporter written notice of:
(a) the reason for the suspension or revocation; and
(b) the exporter’s right to apply for reconsideration of the decision to suspend or revoke; and
(c) if the approval is suspended—the period of the suspension.
Note: For reconsideration and review of the Secretary’s decision, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
(2) A period of suspension must not exceed 12 months.
1A.14 Revocation of suspended arrangement
(1) The Secretary may revoke an approval of an arrangement that is suspended despite the fact that the period of suspension has not expired.
(2) The Secretary may revoke an arrangement that is suspended on grounds that are the same as or similar to the grounds for the suspension.
1A.15 Termination
(1) An exporter may, by written notice given to the Secretary, terminate the exporter’s approved arrangement:
(a) in full; or
(b) in part, in respect of:
(i) one or more kinds or classes of live‑stock; or
(ii) one or more places to which a kind or class of live‑stock may be exported by the exporter; or
(iii) one or more means by which a kind or class of live‑stock may be exported by the exporter.
(2) The termination takes effect:
(a) on the day specified in the notice of termination as the day it takes effect; or
(b) if no such day is specified—7 days after the notice is given to the Secretary.
1A.16 Secretary may require exporter to take action
(1) This section applies if:
(a) the approval of an arrangement (or of part of an arrangement) for the preparation of live‑stock for export by an exporter is suspended or revoked; or
(b) such an arrangement is terminated in full or in part.
(2) The Secretary may, by giving the exporter a notice, require the exporter to take specified action within the period specified in the notice in respect of any of the following:
(a) any official marks held by the exporter;
(b) any export permits or health certificates issued or given for live‑stock prepared for export by the exporter;
(c) any live‑stock under the exporter’s control;
(d) any records kept under the approved arrangement or a condition of the approval of the arrangement.
(3) The action must be to ensure compliance with this Order, the Australian Standards for the Export of Live‑stock or an importing country requirement.
(4) The Secretary may amend or revoke the notice by giving a further written notice to the exporter.
1A.17 Exporter must take action as required
An exporter who is given a notice under subsection 1A.16(2) must take the action specified in the notice within the period specified.
1A.18 When an approved arrangement ceases to have effect
(1) An approval of an arrangement (or a part of an arrangement) ceases to have effect if the approval of the arrangement (or that part of the arrangement) is revoked or the arrangement (or part) is terminated.
Note: For revocation or termination in part see sections 1A.12 and 1A.15.
(2) An approval of an arrangement ceases to have effect if the person who applied for approval of the arrangement ceases to be an exporter.
(3) An approval of an arrangement (or a part of an arrangement) ceases to have effect for the period of its suspension.
Division 1A.3—Exporter supply chain assurance systems (ESCASs)
1A.19 Exporter supply chain assurance systems (ESCASs)
Form and content of ESCAS
(1) An ESCAS must be in writing in the form approved by the Secretary for the purpose.
(2) An ESCAS must:
(a) set out an outline of the details of a supply chain that will apply to exports of a particular species of live‑stock to one or more specified ports or airports, up to and including the point of slaughter, including details relating to the following matters:
(i) the species of live‑stock;
(ii) each port or airport of arrival;
(iii) transport, handling and slaughter of the live‑stock;
(iv) feedlots;
(v) identification, tracking, accounting and reconciliation of live‑stock;
(vi) independent auditing and reporting in relation to matters referred to in subparagraphs (i), (ii), (iii), (iv), (v) and (viii);
(vii) access to premises;
(viii) any related operations and facilities; and
(b) be accompanied by any documents or information evidencing the ESCAS that the Secretary requires.
Reliance on previous ESCAS
(3) However, an exporter may refer the Secretary to details contained in, or documents or information accompanying, another ESCAS that the Secretary has previously approved.
Exception—when ESCAS is not required
(4) If the Secretary is satisfied that live‑stock will be exported as breeder live‑stock:
(a) an ESCAS is not required; and
(b) any provision of this Order that imposes a requirement on the exporter in relation to an ESCAS is taken to apply as if it did not impose that requirement.
1A.20 Giving ESCASs to Secretary
(1) An ESCAS must be given to the Secretary no later than:
(a) if the importing country requirements for the port or airport to which the ESCAS relates require pre‑export quarantine or isolation of the live‑stock to which the ESCAS relates—10 working days before the quarantine or isolation begins for the first export to which the ESCAS will apply; or
(b) otherwise—10 working days before the first export to which the ESCAS will apply.
(2) Despite subsection (1), the Secretary may accept an ESCAS at any time, if the Secretary considers it reasonable to do so in all the circumstances.
1A.21 Approval of ESCASs
(1) The Secretary may by notice in writing:
(a) require further information about a proposed export; or
(b) require further information about an ESCAS; or
(c) direct that an ESCAS be varied in a specified way.
(2) The Secretary may approve an ESCAS if he or she is satisfied that the ESCAS will ensure that live‑stock to which it will apply will be transported, handled, slaughtered and subjected to any other related operations in accordance with relevant OIE recommendations.
(3) Without limiting the matters to which the Secretary may have regard when deciding whether to approve an ESCAS, the Secretary:
(a) must have regard to how the ESCAS addresses the matters mentioned in paragraph 1A.19(2)(a); and
(b) may have regard to:
(i) the exporter’s record in adherence to approved ESCASs and compliance with approval conditions; and
(ii) any other relevant information of which the Secretary is aware.
(4) The Secretary must give written notice to the exporter of his or her decision whether or not to approve an ESCAS and if the decision is a refusal, of the reasons for the decision.
(5) The Secretary may approve an ESCAS subject to a condition.
(6) Without limiting subsection (5), the conditions of an ESCAS may relate to the following matters:
(a) the matters mentioned in paragraph 1A.19(2)(a);
(b) publication of information provided by the exporter in relation to the supply chain set out in the ESCAS;
(c) the number of consignments to which the ESCAS may apply;
(d) any other matter the Secretary considers appropriate.
1A.22 Effect of approval of ESCASs
Approval of an ESCAS does not oblige the Secretary to grant an export permit for a proposed export to which the ESCAS would apply.
1A.23 Variation and revocation of approved ESCASs
(1) The Secretary may, at the request of the exporter or of his or her own motion, and at any time:
(a) require an approved ESCAS to be varied in a specified manner; or
(b) approve a variation of an approved ESCAS; or
(c) vary the conditions imposed on an approved ESCAS.
(2) An exporter must:
(a) subject to any condition imposed on the ESCAS, if there is any relevant change in any circumstance that relates to an approved ESCAS—inform the Secretary in writing of that change as soon as practicable, but not later than 5 working days after becoming aware of the change; or
(b) if the Secretary requires an approved ESCAS to be varied in a specified manner—comply with that requirement.
(3) Without limiting the circumstances in which the Secretary may revoke or vary approval of an ESCAS, the Secretary may revoke or vary approval if:
(a) the Secretary is not satisfied that live‑stock to which the approved ESCAS will apply will be dealt with in accordance with the approved ESCAS; or
(b) the exporter has not complied with any conditions in the approval or in a previous approval under this Order.
(4) A variation of an ESCAS (including a variation of the conditions imposed) applies in relation to all exports to which the ESCAS applies, including in relation to consignments that have left Australia before the variation takes effect.
Division 1A.4—Notices of intention to export (NOIs)
1A.24 Notice of intention to export (NOI)
(1) An NOI must be in writing in the form approved by the Secretary.
(2) An NOI must set out:
(a) the exporter’s basic details and AMLI licence number; and
(b) the following details of the proposed export:
(i) the importing country;
(ii) the name and address of the importer;
(iii) a description (including number, kind and class) of the live‑stock to be exported;
(iv) the name of the accredited veterinarian who will assist in the preparation of the live‑stock for export;
(v) the date the live‑stock are to leave Australia;
(vi) the date the live‑stock are expected to arrive in the importing country;
(vii) the ESCAS that will apply to the proposed export, unless an ESCAS is not required because of subsection 1A.19(4);
(viii) the international transport arrangements, including the route of the international voyage and details of the vessel or aircraft to be used, for the live‑stock;
(ix) if the live‑stock are to be exported by sea—the information referred to in subsection (3);
(x) if the live‑stock are to be exported by air—the information referred to in subsection (4).
Sea export—extra details
(3) An NOI for a proposed export by sea must also include the following information:
(a) the name and the registration number of the registered premises at which the live‑stock are to be held and assembled for export;
(b) the expected dates on which the live‑stock are to arrive at, and depart from, those premises;
(c) the port from which the live‑stock will leave Australia;
(d) the port at which the live‑stock will arrive in the importing country.
Air export—extra details
(4) An NOI for a proposed export by air must also include the following information:
(a) the premises where the live‑stock are to be prepared for export (including, if the premises are registered premises, the name and the registration number of those premises);
(b) the expected dates on which the live‑stock are to arrive at, and depart from, those premises;
(c) the premises where the live‑stock may be inspected;
(d) whether there are importing country requirements for pre‑export quarantine or isolation of the live‑stock;
(e) the airport from which the live‑stock will leave Australia;
(f) the airport at which the live‑stock will arrive in the importing country.
Effect of failure to comply with this section
(5) A document that does not meet the requirements of this section is taken not to be an NOI.
1A.25 Giving NOI to Secretary
(1) The NOI for a proposed export must be given to the Secretary no later than:
(a) if the importing country requirements require pre‑export quarantine or isolation of the live‑stock—10 working days before the quarantine or isolation begins; or
(b) otherwise—10 working days before the proposed export.
(2) However, an NOI may be given to the Secretary at any time if the Secretary considers this reasonable in all the circumstances.
1A.25A Approval of NOI
(1) If an exporter gives the Secretary an NOI for a proposed export of live‑stock (under section 1A.25 or 1A.26), the Secretary may approve the NOI. For the purpose of deciding whether to approve the NOI, the Secretary may, by notice in writing to the exporter:
(a) require further information about the proposed export; or
(b) direct that the NOI be varied in a specified way.
Note: If the live‑stock are to be exported by air, an approval of the premises at which the live‑stock are to be prepared may also be required (see section 1A.27).
(2) The criteria for approval of an NOI for a proposed export of live‑stock are:
(a) whether the proposed export complies with the following:
(i) the requirements of this Order;
(ii) the requirements of the AMLI Act and regulations under that Act;
(iii) orders and directions under the AMLI Act;
(iv) the conditions of the exporter’s live‑stock export licence under the AMLI Act; and
(b) whether the international transport arrangements for the live‑stock are adequate for their health and welfare.
Note: Section 3 of the Australian Meat and Live‑stock Industry (Standards) Order 2005 provides that the holder of a live‑stock export licence must not export live‑stock except in accordance with the Australian Standards for the Export of Live‑stock.
(3) The Secretary must not approve an NOI for a proposed export for which an ESCAS is required unless the Secretary is satisfied that an approved ESCAS applies to the proposed export.
Note: See Division 1A.3 in relation to approval of ESCASs. An ESCAS is not required for certain proposed exports (see subsection 1A.19(4)).
(4) The Secretary must give written notice to an exporter who has given an NOI to the Secretary:
(a) of the Secretary’s decision whether or not to approve the NOI; and
(b) if the decision is a refusal—of the reasons for the decision.
Note: For reconsideration and review of a decision to refuse to approve an NOI, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
1A.26 What happens if circumstances change after NOI is given
(1) If there is a relevant change in any circumstance of an export, after the exporter has given the Secretary an NOI for the proposed export of live‑stock, the exporter must inform the Secretary in writing.
(2) If the Secretary has been informed by an exporter, or has otherwise become aware, of a change relevant to a proposed export, the Secretary may, by notice in writing to the exporter, do any of the following:
(a) cancel any approval of an NOI for the proposed export that has been given under section 1A.25A;
(b) require the exporter:
(i) to vary an NOI for the proposed export given to the Secretary; or
(ii) to give the Secretary a new NOI for the proposed export.
1A.27 Approval of premises for quarantine or isolation before export by air
(1) If an NOI given to the Secretary (under section 1A.25 or 1A.26) indicates:
(a) that the live‑stock are to be exported by air; and
(b) that the importing country requirements require the live‑stock to be prepared at premises approved for pre‑export quarantine or isolation;
the NOI has effect as an application for approval of the premises at which the animals are to be prepared, unless those premises are registered premises.
(2) For the purposes of considering whether premises may be approved under this section, the Secretary may request the exporter:
(a) to provide further information; and
(b) to arrange for an authorised officer to be allowed to inspect the premises.
(3) The criteria for the approval of premises are that the premises meet the importing country requirements for pre‑export quarantine or isolation.
(4) The Secretary may approve premises only for the period of preparation required in relation to the consignment mentioned in the NOI.
Division 1A.5—Information exporter must give operator of registered premises
1A.28 Information exporter must give operator of registered premises where live‑stock are held and assembled for export
An exporter must give the following information as soon as practicable to the operator of the registered premises in which live‑stock are to be held and assembled for export:
(a) a description (including number, kind, class and condition) of the live‑stock;
(b) the dates the live‑stock are expected to arrive at, and depart from, the premises;
(c) the date the live‑stock will leave Australia;
(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 Standard for the Export of Live‑stock relevant to the export, and the exporter’s plans to meet those standards;
(f) any applicable requirements in Orders made under the AMLI Act, and the exporter’s plans to meet those requirements.
Division 1A.6—Export permits and health certificates
1A.29 Application for export permit and health certificate
(1) After preparing live‑stock in accordance with an approved arrangement and any conditions on the approval of the arrangement, an exporter may apply to the Secretary for:
(a) an export permit for the live‑stock; and
(b) if the importing country requirements include a requirement for a health certificate—a health certificate for the live‑stock.
(2) The application must:
(a) be in writing in the form approved by the Secretary; and
(b) include a declaration by the exporter in accordance with subsection (3) and, if applicable, subsection (3A); and
(c) be accompanied by evidence supporting the declaration.
(3) The declaration by the exporter must state that:
(a) the exporter has complied with:
(i) any requirements under any other Commonwealth law, or the law of a State or Territory, that the exporter must comply with; and
(ii) the Australian Standards for the Export of Live‑stock; and
(iii) the approved ESCAS that applies to the export; and
(iv) all importing country requirements relating to the consignment that the exporter must comply with; and
(b) the live‑stock have been prepared for export by the exporter in accordance with the approved arrangement for the exporter; and
(ba) an accredited veterinarian has undertaken the activities in the approved export program held by the exporter under Subdivision A of Division 1A.7 that apply in relation to the preparation of the live‑stock; and
(c) no relevant circumstances have changed in relation to the approved ESCAS or approved NOI that applies to the export.
(3A) If the live‑stock are sheep in relation to which the Australian Meat and Live‑stock Industry (Export of Sheep by Sea to Middle East) Order 2018 applies, the declaration by the exporter must also state the following:
(a) that:
(i) the vessel on which the sheep are to be transported is equipped with automatic live‑stock watering systems that have water receptacles at a height suitable for the sheep; and
(ii) details of those watering systems are set out in the record of equipment and arrangements attached to the Australian certificate for the carriage of livestock for the vessel issued by the Australian Maritime Safety Authority under Marine Order 43 (Cargo and cargo handling—livestock) 2018;
(b) that a heat stress management plan for the proposed export voyage is in place;
(c) that bedding (such as straw, shavings or sawdust) of at least 1 tonne for every 10,000 sheep will be provided on the vessel;
(d) the area of the pen space on the vessel for each sheep, and that the pen space for each sheep meets the requirements in section 10 of the Australian Meat and Live‑stock Industry (Export of Sheep by Sea to Middle East) Order 2018;
(e) that the pen air turnover for the vessel has been verified by an independent qualified mechanical engineer as required by subsection 9(1) of the Australian Meat and Live‑stock Industry (Export of Sheep by Sea to Middle East) Order 2018.
(3B) An expression used in subsection (3A) of this section and in the Australian Meat and Live‑stock Industry (Export of Sheep by Sea to Middle East) Order 2018 has the same meaning in subsection (3A) of this section as it has in that Order.
Note: The expressions heat stress management plan, Heat Stress Risk Assessment Model, independent qualified mechanical engineer and pen air turnover are defined in section 5 of the Australian Meat and Live‑stock Industry (Export of Sheep by Sea to Middle East) Order 2018.
(4) The Secretary may obtain evidence about the matters referred to in paragraphs (3)(a) and (ba) and (3A)(a) to (e) directly from the Commonwealth, State or Territory authority concerned, and may for that purpose give a copy of the relevant declaration to the Commonwealth, State or Territory authority.
Note: See also sections 6.04 and 6.05 in relation to the disclosure and collection of certain information in relation to live‑stock.
1A.30 Grant of export permit
(1) The Secretary may grant an export permit for live‑stock if:
(aa) an NOI for the export of the live‑stock has been approved under section 1A.25A and the approval is in force; and
(a) the exporter has applied for the permit under section 1A.29; and
(b) the exporter holds a live‑stock export licence under the AMLI Act; and
(c) if another Commonwealth law requires the exporter to hold an authorisation (whatever it is called) for the export—the exporter holds such an authorisation; and
(d) the exporter has made the declaration mentioned in subsection 7(3C) of the Export Control Act 1982 (about compliance with conditions of such a live‑stock export licence under the AMLI Act and other requirements under that Act about export of live‑stock); and
(e) if the relevant importing country requirements include a requirement for a health certificate—a health certificate for the live‑stock has been issued or will be issued when the permit is granted; and
(f) the Secretary is satisfied that:
(i) the live‑stock have been prepared in accordance with the approved arrangement and any conditions on the approval of the arrangement; and
(ia) an accredited veterinarian has undertaken the activities in the approved export program held by the exporter under Subdivision A of Division 1A.7 that apply in relation to the preparation of the live‑stock; and
(ii) the exporter has complied with importing country requirements in relation to the live‑stock; and
(iii) no relevant circumstances have changed since the live‑stock were inspected under section 1A.33 for the purposes of the issue of the health certificate (if required); and
(iv) the Australian Standards for the Export of Live‑stock have been, and will continue to be, complied with in relation to the live‑stock; and
(v) the exporter has complied, and is in a position to comply, with the approved ESCAS that applies to the export, unless an ESCAS is not required because of subsection 1A.19(4); and
(g) the live‑stock are fit enough to undertake the proposed export voyage without any significant impairment of their health; and
(h) the travel arrangements for the live‑stock are adequate for their health and welfare.
Note: Paragraph (1)(a) has the effect that the Secretary may grant an export permit only if the exporter has made an application for the permit that includes the declaration required by paragraph 1A.29(2)(b).
(2) In deciding whether to grant an export permit to an exporter, the Secretary may take into account whether the exporter has complied with:
(a) any conditions to which a live‑stock export licence under the AMLI Act was subject; and
(b) any requirements under that Act that otherwise relate to the export of live‑stock.
(3) The Secretary may be satisfied that the conditions in one or more of paragraphs (1)(f), (g) and (h) are met without inspecting each of the live‑stock.
(4) An export permit:
(a) must be in a form approved by the Secretary; and
(b) must state the date on which it is granted; and
(c) must state the number, kind and class of live‑stock authorised to be exported; and
(d) must specify the place to which the live‑stock are authorised to be exported; and
(e) must specify the name of the vessel, or the number of the flight, on which the live‑stock are authorised to be exported; and
(f) must be signed by an authorised officer; and
(g) must bear the identity number of the authorised officer who signed it; and
(h) must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods—General) Order 2005; and
(i) may contain any information required by the importing country.
(5) An export permit and health certificate may be combined in one document.
(6) It is a condition of an export permit that the live‑stock to which it applies leave Australia within 72 hours after it is granted, unless the Secretary approves otherwise.
(7) An export permit may be subject to such other conditions as the Secretary thinks fit.
Example: The Secretary may grant an export permit subject to the condition that the live‑stock being exported be accompanied on their export voyage by an accredited veterinarian.
1A.31 Refusal to grant permit
(1) The Secretary may refuse to grant an export permit if the permit would, if granted, allow live‑stock:
(a) to be carried on a ship or aircraft the condition of which there is reason to believe may cause the health or condition of live‑stock to deteriorate during an export voyage; or
(b) to be consigned to a person whose actions there is reason to believe may cause the health or condition of live‑stock to deteriorate during export; or
(c) to be exported by a person whose actions there is reason to believe may cause the health or condition of live‑stock to deteriorate during export; or
(d) to be dealt with other than in accordance with an approved ESCAS that applies to the export.
Note 1: An approved ESCAS will not apply to the export if the Secretary is satisfied that the live‑stock are to be exported as breeder live‑stock: see subsection 1A.19(4).
Note 2: The Secretary must refuse to grant an export permit if any of the conditions in subsection 1A.30(1) are not met.
(2) The Secretary may refuse to grant an export permit if satisfied that the declaration included in the application for the permit under section 1A.29 is not accurate.
(3) The Secretary may refuse to grant an export permit if there is reason to believe that the intended country of destination will not permit the live‑stock to enter.
(4) If the Secretary refuses to grant an export permit, the Secretary must give the applicant written notice of the refusal.
Note: For reconsideration and review of a decision to refuse an export permit, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
(5) The notice must set out the reasons for the refusal.
1A.32 Revocation of export permit
Discretionary revocation
(1) The Secretary may revoke an export permit if there is reason to believe that:
(a) a condition of the permit has not been complied with; or
(b) a circumstance relevant to the grant of the permit has changed; or
(c) the exporter granted the permit has not complied with:
(i) any conditions to which a live‑stock export licence under the AMLI Act for the live‑stock was subject; or
(ii) any requirements under that Act that otherwise relate to the export of the live‑stock; or
(d) information or a declaration in, or accompanying, the application for the permit is false, incomplete or misleading.
(2) If the Secretary revokes an export permit under subsection (1), the Secretary must give the holder of the permit written notice of the revocation.
(3) The notice must set out the reasons for the revocation.
Note: For reconsideration and review of a decision to revoke an export permit, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
Requirement to revoke on request
(4) The Secretary must revoke an export permit if the holder requests the Secretary in writing to do so.
Replacement of revoked permit
(5) If the Secretary revokes an export permit, he or she may grant another export permit subject to a different condition or an additional condition, or authorising export to a different destination.
(6) If an export permit granted under subsection (5) is subject to a condition to which the revoked export permit was not subject, the Secretary must give the person to whom the export permit is granted written notice of the reasons for imposing the new condition.
1A.33 Health certificate
(1) A health certificate for live‑stock is a certificate, issued by an authorised officer, that the live‑stock meet the requirements of a specified importing country relating to the health of the live‑stock.
(2) Before issuing a health certificate for live‑stock, an authorised officer:
(a) must inspect the live‑stock (at a place chosen by an authorised officer); and
(b) may consider any evidence provided by the exporter in relation to the health of the live‑stock; and
(c) may take into account any undertaking accepted by an authorised officer from the exporter as to the treatment, handling or transport of the live‑stock.
(3) An authorised officer may be satisfied that live‑stock in a consignment to be exported meet the requirements of a specified importing country relating to the health of the live‑stock without considering every animal in the consignment.
(4) A health certificate:
(a) must be in a form approved by the Secretary; and
(b) must be signed by the authorised officer who issues it; and
(c) must bear the identity number of the authorised officer who issues it; and
(d) must state its date of issue; and
(e) must bear an official mark declared under Part 13 of the Export Control (Prescribed Goods—General) Order 2005; and
(f) may contain any information required by a competent authority of the importing country.
1A.34 Revocation of health certificate
(1) An authorised officer may revoke a health certificate issued under section 1A.33 for live‑stock if there is reason to believe that:
(a) a circumstance relevant to the issue of the certificate has changed; or
(b) the exporter who applied for the certificate has not complied with:
(i) any conditions to which a live‑stock export licence under the AMLI Act for the live‑stock was subject; or
(ii) any requirements under that Act that otherwise relate to the export of the live‑stock.
(2) If an authorised officer revokes a health certificate, the officer must give written notice of the revocation to the exporter who applied for the certificate.
(3) The notice must set out the reasons for the revocation.
(4) To avoid doubt, the revocation of a health certificate for live‑stock does not prevent the issue (under section 1A.33) of another health certificate for the live‑stock (with or without another inspection of the live‑stock by an authorised officer).
Division 1A.7—Approved export programs
Subdivision A—Exporter’s approved export programs
1A.35 Application by exporter for approval of program of activities
(1) An exporter who wants to export one or more kinds or classes of live‑stock may:
(a) prepare a program of activities to be undertaken by an accredited veterinarian for the purpose of ensuring the health and welfare of each kind or class of live‑stock in the course of some or all of the export activities of the exporter in relation to each kind or class of live‑stock; and
(b) apply, in writing, to the Secretary for approval of the program of activities.
(2) For the purposes of paragraph (1)(a), a program of activities in relation to one or more kinds or classes of live‑stock:
(a) may be undertaken within or outside Australia; and
(b) may include all the activities referred to in subsection 9A(3) of the Act; and
(c) may include activities other than those referred to in that subsection; and
(d) may differ depending on any of the following:
(i) the country to which a kind or class of live‑stock is to be exported;
(ii) the kind or class of live‑stock;
(iii) the method of transport;
(iv) any other relevant matter.
(3) An application under paragraph (1)(b) for approval of a program of activities:
(a) must be accompanied by a written record of the program of activities; and
(b) may be made at the same time as an application for approval of an arrangement under section 1A.02 in relation to the live‑stock to which the application under paragraph (1)(b) of this section relates.
1A.36 Assessment of application and Secretary’s decision
(1) On receiving an application from an exporter under paragraph 1A.35(1)(b) for approval of a program of activities, the Secretary must decide:
(a) to approve the program of activities; or
(b) not to approve the program of activities.
Request for further information or documents
(2) For the purpose of making a decision in relation to the application, the Secretary may request the applicant, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the application.
(3) A request under subsection (2):
(a) may be made orally or in writing; and
(b) must specify the period within which the request must be complied with.
Approval of program of activities
(4) The Secretary may approve the program of activities if the Secretary is satisfied that the program of activities is for the purpose of ensuring the health and welfare of each kind or class of live‑stock in the course of export activities to which the application relates.
(5) A program of activities that is approved under paragraph (1)(a) is an approved export program for the purposes of the Act.
Note 1: See Part IIA of the Act in relation to approved export programs.
Note 2: An exporter may commit an offence under Subdivision B of Division 2 of Part IIA of the Act for certain contraventions relating to approved export programs.
Note 3: The Secretary may direct an authorised officer to undertake some or all of the activities in an exporter’s approved export program—see section 9D of the Act.
(6) If the Secretary approves the program of activities, the Secretary may, if the Secretary considers it appropriate, set an expiry date for the approved export program.
When Secretary is taken to have decided not to approve program of activities
(7) The Secretary is taken to have decided not to approve the program of activities if the Secretary has not made a decision on the application within 60 days (the initial consideration period), or such extended period as may apply under subsection (8), after:
(a) the day the application was received; or
(b) if the application was varied—the day the application was varied.
(8) The initial consideration period for the application is extended, for each request made under subsection (2), by the number of days in the period beginning on the day the request was made and ending on:
(a) the day the request was complied with; or
(b) if the request was not complied with within the period specified in the request—the last day of that period.
Notice of decision
(9) If the Secretary approves the program of activities, the Secretary must give the applicant a written notice stating:
(a) the day the approved export program takes effect; and
(b) either:
(i) that the approved export program remains in force unless it is suspended or cancelled; or
(ii) if applicable, the expiry date for the approved export program.
(10) If the Secretary decides not to approve the program of activities, the Secretary must give the applicant a written notice setting out:
(a) the reasons for the decision; and
(b) the applicant’s right to apply for reconsideration of the decision.
Note: For reconsideration and review of decisions, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
1A.37 Period of effect of approved export program
(1) An approved export program under this Subdivision remains in force:
(a) if there is an expiry date for the approved export program—until that expiry date unless the approved export program is cancelled under section 1A.43 or 1A.44; or
(b) if there is no expiry date for the approved export program—until the approved export program is cancelled under section 1A.43 or 1A.44.
(2) However, if an approved export program, or a part of an approved export program, is suspended under subsection 1A.41(3) or 1A.42(1), the approved export program, or the part of the approved export program, is not in force during the period of the suspension.
1A.38 Holder may apply for approval of variation of approved export program
(1) The holder of an approved export program may apply to the Secretary, in writing, to approve a variation of the approved export program.
(2) On receiving an application under subsection (1) to approve a variation, the Secretary must decide:
(a) to approve the variation; or
(b) not to approve the variation.
Request for further information or documents
(3) For the purpose of making a decision in relation to the application, the Secretary may request the applicant, or another person who the Secretary considers may have information or documents relevant to the application, to give the Secretary further specified information or documents relevant to the application.
(4) A request under subsection (3):
(a) may be made orally or in writing; and
(b) must specify the period within which the request must be complied with.
Approval of variation
(5) The Secretary may approve a variation of the approved export program if the Secretary is satisfied that the approved export program, as proposed to be varied, is for the purpose of ensuring the health and welfare of a kind or class of live‑stock in the course of export activities to which the approved export program relates.
When Secretary is taken to have decided not to approve variation
(6) The Secretary is taken to have decided not to approve a variation of the approved export program if the Secretary has not made a decision on the application within 60 days (the initial consideration period), or such extended period as may apply under subsection (7), after:
(a) the day the application was received; or
(b) if the application was varied—the day the application was varied.
(7) The initial consideration period for the application is extended, for each request made under subsection (3), by the number of days in the period beginning on the day the request was made and ending on:
(a) the day the request was complied with; or
(b) if the request was not complied with within the period specified in the request—the last day of that period.
Notice of decision
(8) If the Secretary approves a variation, the Secretary must give the applicant a written notice stating:
(a) details of the variation; and
(b) the day the variation takes effect.
(9) If the Secretary decides not to approve a variation, the Secretary must give the applicant a written notice setting out:
(a) the reasons for the decision; and
(b) the applicant’s right to apply for reconsideration of the decision.
Note: For reconsideration and review of decisions, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
1A.39 Secretary may require holder to vary approved export program
(1) The Secretary may, by written notice to the holder of an approved export program, require the holder to vary the approved export program if the Secretary is satisfied that the variation is necessary for the purpose of ensuring the health and welfare of a kind or class of live‑stock in the course of export activities to which the approved export program relates.
(2) The notice under subsection (1) must:
(a) identify (in general or specific terms) the variation required; and
(b) require the holder to give the varied approved export program to the Secretary within a specified period; and
(c) set out:
(i) the reasons for the decision to require the holder to vary the approved export program; and
(ii) the holder’s right to apply for reconsideration of the decision.
Note: For reconsideration and review of decisions, see section 6.03 of this Order and Part 16 of the Export Control (Prescribed Goods—General) Order 2005.
(3) The holder must comply with the notice.
(4) If the holder complies with the notice, the Secretary may give the holder a written notice approving the varied approved export program. The notice must state the day the varied approved export program takes effect.
(5) If an application by an exporter as required by subsection (1) is not received by the Secretary before the end of 30 August 2018, the exporter’s transitional approved export program remains in force, subject to sections 7.15 and 7.16, until the end of that day.
7.14 Transitional—application for approval of variation of approved arrangement
(1) This section applies if:
(a) an exporter had made an application before the commencement time under paragraph 1A.09(2)(a) for approval to vary an approved arrangement; and
(b) one or more of the variations (the relevant variations) for which approval had been sought related to the program of activities specified in the approved arrangement to be undertaken by an accredited veterinarian for the purpose of ensuring the health and welfare of live‑stock in the course of export activities of the exporter; and
(c) the application had not been decided before the commencement time.
(2) The exporter is taken to have applied to the Secretary under subsection 1A.38(1) to approve the relevant variations of the exporter’s transitional approved export program.
(3) If the application referred to in paragraph (1)(a) of this section related to variations (the other variations) of the approved arrangement in addition to the relevant variations, the application continues to have effect for the purposes of section 1A.09 in relation to the other variations.
7.15 Transitional—approved arrangement suspended in full immediately before commencement time
(1) This section applies if an approved arrangement (the suspended approved arrangement) for an exporter is suspended in full immediately before the commencement time.
(2) The exporter’s transitional approved export program that relates to the suspended approved arrangement is taken to be suspended in full under subsection 1A.42(1).
Note: An approved export program that is suspended in full under subsection 1A.42(1) is not in force during the period of the suspension—see subsection 1A.37(2).
Period of suspension
(3) If the exporter makes an application as required by subsection 7.13(1) and the application is received by the Secretary before the end of 30 August 2018, the exporter’s transitional approved export program is suspended in full under subsection 1A.42(1) until the earlier of the following:
(a) the end of the period of suspension of the suspended approved arrangement;
(b) either:
(i) the day the Secretary makes a decision on the application; or
(ii) if the Secretary does not make a decision on the application before the end of 31 October 2018—the end of 31 October 2018;
unless the exporter’s transitional approved export program is cancelled earlier under section 1A.43 or 1A.44.
(4) If an application by an exporter as required by subsection 7.13(1) is not received by the Secretary before the end of 30 August 2018, the exporter’s transitional approved export program is suspended in full under subsection 1A.42(1) until the earlier of the following:
(a) the end of the period of suspension of the suspended approved arrangement;
(b) the end of 30 August 2018;
unless the exporter’s transitional approved export program is cancelled earlier under section 1A.43 or 1A.44.
7.16 Transitional—approved arrangement suspended in part immediately before commencement time
(1) This section applies if:
(a) an approved arrangement for an exporter is suspended in part immediately before the commencement time; and
(b) the whole or a part of the suspended part of the approved arrangement related to the program of activities (the exporter’s transitional approved export program) specified in the approved arrangement to be undertaken by an accredited veterinarian for the purpose of ensuring the health and welfare of live‑stock in the course of export activities of the exporter.
Whole of exporter’s transitional approved export program suspended
(2) If the suspended part of the approved arrangement corresponds to the whole of the exporter’s transitional approved export program:
(a) the exporter’s transitional approved export program is taken to be suspended in full under subsection 1A.42(1); and
(b) subsections 7.15(3) and (4) (which deal with the period of suspension) apply in relation to the exporter’s transitional approved export program.
Note: An approved export program that is suspended in full under subsection 1A.42(1) is not in force during the period of the suspension—see subsection 1A.37(2).
Part of exporter’s transitional approved export program suspended
(3) If the suspended part of the approved arrangement corresponds to a part of the exporter’s transitional approved export program, that part of the exporter’s transitional approved export program is taken to be suspended under subsection 1A.42(1).
Note 1: A part of an approved export program that is suspended under subsection 1A.42(1) is not in force during the period of the suspension—see subsection 1A.37(2).
Note 2: The part of the exporter’s transitional approved export program that is not suspended remains in force subject to section 7.13, and may be varied, suspended or cancelled under Subdivision A of Division 1A.7 of Part 1A.
Period of suspension of part of exporter’s transitional approved export program
(4) Subsections (5) and (6) apply if a part (the relevant part) of the exporter’s transitional approved export program is taken to be suspended under subsection 1A.42(1) because of subsection (3) of this section.
(5) If the exporter makes an application as required by subsection 7.13(1) and the application is received by the Secretary before the end of 30 August 2018, the relevant part of the exporter’s transitional approved export program is suspended under subsection 1A.42(1) until the earlier of the following:
(a) the end of the period of suspension of the suspended part of the approved arrangement;
(b) either:
(i) the day the Secretary makes a decision on the application; or
(ii) if the Secretary does not make a decision on the application before the end of 31 October 2018—the end of 31 October 2018;
unless the exporter’s transitional approved export program is cancelled earlier under section 1A.43 or 1A.44.
(6) If an application by an exporter as required by subsection 7.13(1) is not received by the Secretary before the end of 30 August 2018, the exporter’s transitional approved export program is suspended under subsection 1A.42(1) until the earlier of the following:
(a) the end of the period of suspension of the suspended part of the approved arrangement;
(b) the end of 30 August 2018;
unless the exporter’s transitional approved export program is cancelled earlier under section 1A.43 or 1A.44.
Circumstances in which suspension of part of approved arrangement ceases to have effect
(7) If the whole of the suspended part of the approved arrangement corresponds to the whole or a part of the exporter’s transitional approved export program, the period of suspension of the part of the approved arrangement is taken to have ended at the commencement time.
Note: If the suspended part of the approved arrangement relates to matters other than activities specified in the exporter’s transitional approved export program, the period of suspension of the suspended part of the approved arrangement is not affected.
7.17 Application of amendments—applications for export permits and health certificates for sheep to be exported by sea
The amendments made by items 1 to 4 of Schedule 2 to the Export Control (Animals) Amendment (Approved Export Programs and Other Measures) Order 2018 apply in relation to:
(a) an application under section 1A.29 that had been made before the commencement of that Schedule but had not been decided before that time; and
(b) an application under section 1A.29 that is made after the commencement of that Schedule.
Note: If, before the commencement of Schedule 2 to the Export Control (Animals) Amendment (Approved Export Programs and Other Measures) Order 2018, an exporter had applied under section 1A.29 for an export permit, or an export permit and a health certificate, for live‑stock in relation to which the Australian Meat and Live‑stock Industry (Export of Sheep by Sea to Middle East) Order 2018 applies and the application had not been decided before that time, the exporter will need to vary the declaration included in the application to state the matters referred to in subsection 1A.29(3A).
7.18 Application of amendments—Secretary’s approved export programs
The amendment made by item 17 of Part 2 of Schedule 1 to the Export Control (Animals) Amendment (Approved Export Programs and Other Measures) Order 2018 applies in relation to each kind or class of live‑stock that is to be exported by sea after the commencement of that item.
Division 4—Transitional provisions relating to the Export Control (Animals) Amendment (Notices of Intention to Export) Order 2018
7.19 Application of amendments—approval of NOIs
(1) The amendments made by items 1 and 2 of Schedule 1 to the Export Control (Animals) Amendment (Notices of Intention to Export) Order 2018 apply in relation to an export of live‑stock if the NOI for the proposed export is given to the Secretary after the commencement of that Order.
(2) The amendments made by items 3 and 4 of Schedule 1 to the Export Control (Animals) Amendment (Notices of Intention to Export) Order 2018 apply in relation to an NOI for a proposed export of live‑stock if the NOI is given to the Secretary after the commencement of that Order.
(3) The amendment made by item 5 of Schedule 1 to the Export Control (Animals) Amendment (Notices of Intention to Export) Order 2018 applies in relation to an application for an export permit for a proposed export of live‑stock if the NOI for the proposed export is given to the Secretary after the commencement of that Order.
(4) The amendment made by item 6 of Schedule 1 to the Export Control (Animals) Amendment (Notices of Intention to Export) Order 2018 applies in relation to the grant of an export permit for a proposed export of live‑stock if the NOI for the proposed export is given to the Secretary after the commencement of that Order.
Endnotes
Endnote 1—About the endnotes
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
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
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.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
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.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| 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 = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | 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 | underlining = whole or part not |
| No = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Export Control (Animals) Order 2004 | 1 Dec 2004 (Gazette 2004, No. S483) | 1 Dec 2004 | |
| Export Control (Animals) Amendment Order 2005 (No. 1) | 14 Apr 2005 (F2005L00917) | 15 Apr 2005 | — |
| Export Control (Animals) Amendment Order 2005 (No. 2) | 29 June 2005 (F2005L01806) | 1 July 2005 | — |
| Export Control (Animals) Amendment Order 2005 (No. 3) | 30 June 2005 (F2005L01850) | 1 July 2005 | — |
| Export Control (Animals) Amendment Order 2005 (No. 4) | 9 Jan 2006 (F2006L00052) | 10 Jan 2006 | — |
| Export Control (Animals) Amendment Order 2006 (No. 1) | 31 July 2006 (F2006L02383) | 1 Aug 2006 | s 4 |
| Export Control (Animals) Amendment Order 2006 (No. 2) | 14 Sept 2006 (F2006L03047) | 18 Sept 2006 | — |
| Export Control (Animals) Amendment Order 2006 (No. 3) | 20 Nov 2006 (F2006L03685) | 21 Nov 2006 | — |
| Export Control (Animals) Amendment Order 2012 (No. 1) | 28 Feb 2012 (F2012L00439) | 1 Mar 2012 | — |
| Export Control Legislation Amendment (2014 Measures No. 1) Order 2014 | 23 July 2014 (F2014L01017) | Sch 1 (items 1‑18): 24 July 2014 | — |
| Export Control (Animals) Amendment (2014 Measures No. 1) Order 2014 | 14 November 2014 (F2014L01513) | 15 November 2014 | — |
| Export Control (Animals) Amendment (Approved Arrangements) Order 2015 | 5 November 2015 (F2015L01755) | 6 November 2015 | — |
| Export Control (Animals) Amendment (Approved Arrangements) Order 2016 | 14 Sept 2016 (F2016L01435) | 15 Sept 2016 (s 2(1) item 1) | — |
| Export Control (Animals) Amendment (2017 Measures No. 1) Order 2017 | 30 Aug 2017 (F2017L01113) | 31 Aug 2017 (s 2(1) item 1) | — |
| Export Control (Animals) Amendment (Export of Livestock) Order 2018 | 10 Apr 2018 (F2018L00475) | 10 Apr 2018 (s 2) | — |
| Export Control (Animals) Amendment (Information Sharing and Other Matters) Order 2018 | 3 May 2018 (F2018L00580) | 4 May 2018 (s 2(1) item 1) | — |
| Export Control (Animals) Amendment (Approved Export Programs and Other Measures) Order 2018 | 6 July 2018 (F2018L01011) | Sch 1 (items 1–16), Sch 2 and Sch 3: 7 July 2018 (s 2(1) items 2, 4, 5) Sch 1 (items 17, 18): 1 Oct 2018 (s 2(1) item 3) | — |
| Export Control (Animals) Amendment (Notices of Intention to Export) Order 2018 | 15 Aug 2018 (F2018L01118) | 16 Aug 2018 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Reader’s Guide......................... | rs 2006 No. 1 |
| am 2006 No. 3; 2012 (see supporting material to F2012C00134 on FRLI) | |
| rep F2014L01017 | |
| Part 1 | |
| s 1.02........................................ | rep LA s 48D |
| s 1.03........................................ | rep F2014L01017 |
| s 1.05........................................ | am 2005 Nos. 2 and 3; 2006 Nos. 1 and 2; 2012 No. 1; F2014L01017; F2015L01755; F2017L01113; F2018L00580; F2018L01011 |
| s 1.05A..................................... | ad F2015L01755 |
| Part 1A | |
| Part 1A heading......................... | rs F2017L01113 |
| Part 1A...................................... | ad F2015L01755 |
| Division 1A.1 | |
| s 1A.01..................................... | ad F2015L01755 |
| am F2017L01113; F2018L01011; F2018L01118 | |
| Division 1A.2 | |
| s 1A.02..................................... | ad F2015L01755 |
| am F2016L01435 | |
| s 1A.03..................................... | ad F2015L01755 |
| s 1A.04..................................... | ad F2015L01755 |
| rs F2018L01011 | |
| s 1A.05..................................... | ad F2015L01755 |
| am F2016L01435; F2018L01011 | |
| s 1A.06..................................... | ad F2015L01755 |
| s 1A.07..................................... | ad F2015L01755 |
| am F2016L01435; F2018L01011 | |
| s 1A.08..................................... | ad F2015L01755 |
| s 1A.09..................................... | ad F2015L01755 |
| am F2018L01011 | |
| s 1A.10..................................... | ad F2015L01755 |
| am F2018L01011 | |
| s 1A.11..................................... | ad F2015L01755 |
| s 1A.12..................................... | ad F2015L01755 |
| s 1A.13..................................... | ad F2015L01755 |
| s 1A.14..................................... | ad F2015L01755 |
| s 1A.15..................................... | ad F2015L01755 |
| s 1A.16..................................... | ad F2015L01755 |
| s 1A.17..................................... | ad F2015L01755 |
| s 1A.18..................................... | ad F2015L01755 |
| Division 1A.3 | |
| s 1A.19..................................... | ad F2015L01755 |
| s 1A.20..................................... | ad F2015L01755 |
| s 1A.21..................................... | ad F2015L01755 |
| s 1A.22..................................... | ad F2015L01755 |
| s 1A.23..................................... | ad F2015L01755 |
| Division 1A.4 | |
| s 1A.24..................................... | ad F2015L01755 |
| am F2017L01113; F2018L01118 | |
| s 1A.25..................................... | ad F2015L01755 |
| s 1A.25A.................................. | ad F2018L01118 |
| s 1A.26..................................... | ad F2015L01755 |
| am F2018L01118 | |
| s 1A.27..................................... | ad F2015L01755 |
| Division 1A.5 | |
| s 1A.28..................................... | ad F2015L01755 |
| Division 1A.6 | |
| s 1A.29..................................... | ad F2015L01755 |
| am F2018L00580; F2018L01011; F2018L01118 | |
| s 1A.30..................................... | ad F2015L01755 |
| am F2018L01011; F2018L01118 | |
| s 1A.31..................................... | ad F2015L01755 |
| s 1A.32..................................... | ad F2015L01755 |
| s 1A.33..................................... | ad F2015L01755 |
| s 1A.34..................................... | ad F2015L01755 |
| Division 1A.7 | |
| Division 1A.6 (second.............. occurring) | ad F2018L00475 |
| Division 1A.7 (prev ................. Division 1A.6 | renum |
| ed C13 | |
| rs F2018L01011 | |
| Subdivision A | |
| s 1A.35..................................... | ad F2018L00475 |
| rs F2018L01011 | |
| s 1A.36..................................... | ad F2018L01011 |
| s 1A.37..................................... | ad F2018L01011 |
| s 1A.38..................................... | ad F2018L01011 |
| s 1A.39..................................... | ad F2018L01011 |
| s 1A.40..................................... | ad F2018L01011 |
| s 1A.41..................................... | ad F2018L01011 |
| s 1A.42..................................... | ad F2018L01011 |
| s 1A.43..................................... | ad F2018L01011 |
| s 1A.44..................................... | ad F2018L01011 |
| Subdivision B | |
| s 1A.45..................................... | ad F2018L01011 |
| am F2018L01011 | |
| s 1A.46..................................... | ad F2018L01011 |
| s 1A.47..................................... | ad F2018L01011 |
| Subdivision C | |
| s 1A.48..................................... | ad F2018L01011 |
| s 1A.49..................................... | ad F2018L01011 |
| Subdivision D | |
| s 1A.50..................................... | ad F2018L01011 |
| s 1A.51..................................... | ad F2018L01011 |
| s 1A.52..................................... | ad F2018L01011 |
| Part 2 | |
| Part 2 heading........................... | rs 2006 No. 1; F2017L01113 |
| Division 2.1 | |
| Division 2.1 heading................. | rs F2015L01755 |
| rep F2017L01113 | |
| s 2.01........................................ | am 2006 No. 1; F2015L01755; F2017L01113 |
| s 2.01A..................................... | ad 2006 No. 1 |
| rep F2017L01113 | |
| s 2.01B..................................... | ad F2015L01755 |
| rep F2017L01113 | |
| s 2.02........................................ | am 2006 No. 1; 2012 No. 1; F2014L01513 |
| rep F2017L01113 | |
| Division 2.2 | |
| Division 2.2 heading................. | rs F2015L01755 |
| rep F2017L01113 | |
| s 2.03........................................ | rs F2017L01113 |
| s 2.04........................................ | am 2006 No. 1; F2017L01113 |
| s 2.05........................................ | am 2006 No. 1 |
| s 2.06........................................ | rs F2017L01113 |
| s 2.07........................................ | am 2006 No. 1; F2015L01755 |
| s 2.09........................................ | am F2017L01113 |
| s 2.10........................................ | am 2006 No. 1; F2015L01755; F2017L01113 |
| s 2.12........................................ | am 2006 No. 1 |
| s 2.14........................................ | am 2006 No. 1 |
| Division 2.3.............................. | rep 2006 No. 3 |
| s 2.17........................................ | rs 2005 No. 1 |
| rep 2006 No. 3 | |
| s 2.39........................................ | rep 2006 No. 3 |
| s 2.40........................................ | rep 2006 No. 3 |
| Division 2.4.............................. | rep F2017L01113 |
| Division 2.4 heading................. | rs F2015L01755 |
| rep F2017L01113 | |
| s 2.41........................................ | am 2006 No. 1; F2014L01513 |
| rep F2017L01113 | |
| s 2.42........................................ | am 2006 No. 1 |
| rep F2017L01113 | |
| s 2.42A..................................... | ad 2012 No. 1 am F2014L01513 |
| rep F2017L01113 | |
| s 2.43........................................ | rs 2012 No. 1 am F2014L01513 |
| rep F2017L01113 | |
| s 2.44........................................ | am 2006 No. 1; 2012 No. 1; F2014L01513; F2015L01755 |
| rep F2017L01113 | |
| s 2.45........................................ | am 2006 No. 1; 2012 No. 1; F2014L01513 |
| rep F2017L01113 | |
| s 2.46........................................ | am No. 1, 2012 |
| rep F2017L01113 | |
| s 2.46A..................................... | ad 2012 No. 1 |
| am F2014L01017; F2014L01513 | |
| rep F2017L01113 | |
| s 2.47........................................ | am 2012 No. 1; F2014L01513 |
| rep F2017L01113 | |
| s 2.48........................................ | am 2006 No. 1 |
| rep F2017L01113 | |
| s 2.49........................................ | rep F2017L01113 |
| s 2.50........................................ | rep F2017L01113 |
| s 2.51........................................ | rep F2017L01113 |
| Division 2.5.............................. | rep F2017L01113 |
| Division 2.5 heading................. | rs 2006 No. 1; F2015L01755 |
| rep F2017L01113 | |
| s 2.52........................................ | am 2006 No. 1; 2012 No. 1; F2014L01513 |
| rep F2017L01113 | |
| s 2.53........................................ | am 2005 Nos. 2 and 4 |
| rep F2017L01113 | |
| s 2.54........................................ | am 2005 No. 4; 2006 No. 1; 2012 No. 1; F2014L01513 |
| rep F2017L01113 | |
| s 2.55........................................ | rep F2017L01113 |
| s 2.56........................................ | rep F2017L01113 |
| s 2.57........................................ | rep F2017L01113 |
| s 2.58........................................ | am 2006 No. 1; 2012 No. 1; F2014L01513 |
| rep F2017L01113 | |
| s 2.59........................................ | am 2005 No. 2; 2006 No. 1; 2012 No. 1; F2014L01513 |
| rep F2017L01113 | |
| s 2.60........................................ | am 2006 No. 1; 2012 No. 1; F2014L01017; F2014L01513 |
| rep F2017L01113 | |
| s 2.61........................................ | am 2006 No. 1 |
| rep F2017L01113 | |
| Part 3 | |
| Part 3 heading........................... | rs F2015L01755; F2018L00580 |
| Part 3........................................ | rs 2006 No. 1 |
| s 3.01........................................ | rs 2006 No. 1 |
| am F2015L01755 | |
| rs F2018L00580 | |
| s 3.02........................................ | rs 2006 No. 1 |
| am F2014L01017 | |
| s 3.03........................................ | rs 2006 No. 1 |
| am 2012 No. 1 | |
| rs F2014L01017 | |
| am F2014L01513; F2018L00580 | |
| s 3.04........................................ | am 2005 No. 2 |
| rs 2006 No. 1 | |
| am F2014L01513; F2018L00580 | |
| s 3.04A..................................... | ad 2012 No. 1 |
| am F2014L01513 | |
| rep F2018L00580 | |
| s 3.05........................................ | am 2005 No. 2; 2012 No. 1 |
| rs 2006 No. 1 | |
| am 2012 No. 1; F2014L01513; F2018L00580 | |
| s 3.06........................................ | ad 2006 No. 1 |
| am F2015L01755 | |
| s 3.07........................................ | ad 2006 No. 1 |
| am 2012 No. 1; F2014L01513; F2015L01755 | |
| rs F2014L01513 | |
| am F2018L00580 | |
| s 3.08........................................ | ad 2006 No. 1 |
| am 2012 No. 1 | |
| rs F2014L01513 | |
| am F2018L00580 | |
| s 3.09........................................ | ad 2006 No. 1 |
| am 2012 No. 1; F2014L01017 | |
| s 3.09A..................................... | ad 2012 No. 1 |
| am F2014L01017; F2014L01513 | |
| rep F2018L00580 | |
| s 3.10........................................ | ad 2006 No. 1 |
| am 2012 No. 1; F2014L01513 | |
| rep F2018L00580 | |
| s 3.11........................................ | ad 2006 No. 1 |
| rep F2018L00580 | |
| s 3.12........................................ | ad 2006 No. 1 |
| rep F2018L00580 | |
| s 3.13........................................ | ad 2006 No. 1 |
| s 3.14........................................ | ad 2006 No. 1 |
| s 3.15........................................ | ad 2006 No. 1 |
| am 2012 No. 1; F2014L01513; F2018L00580 | |
| s 3.16........................................ | ad 2006 No. 1 |
| am F2014L01017 | |
| s 3.17........................................ | ad 2006 No. 1 |
| rep F2018L00580 | |
| Part 4 | |
| s 4.01........................................ | am 2006 No. 1 |
| s 4.03........................................ | am 2005 No. 2 |
| s 4.04........................................ | am 2005 No. 2; 2006 No. 1 |
| Part 4A | |
| Part 4A...................................... | ad 2006 No. 3 |
| s 4A.01..................................... | ad 2006 No. 3 |
| s 4A.02..................................... | ad 2006 No. 3 |
| s 4A.03..................................... | ad 2006 No. 3 |
| am F2014L01017 | |
| rep F2017L01113 | |
| s 4A.04..................................... | ad 2006 No. 3 |
| am F2014L01017 | |
| s 4A.05..................................... | ad 2006 No. 3 |
| rs F2017L01113 | |
| s 4A.06..................................... | ad 2006 No. 3 |
| s 4A.07..................................... | ad 2006 No. 3 |
| am F2014L01017 | |
| s 4A.08..................................... | ad 2006 No. 3 |
| s 4A.09..................................... | ad 2006 No. 3 |
| s 4A.10..................................... | ad 2006 No. 3 |
| s 4A.11..................................... | ad 2006 No. 3 |
| s 4A.12..................................... | ad 2006 No. 3 |
| s 4A.13..................................... | ad 2006 No. 3 |
| s 4A.14..................................... | ad 2006 No. 3 |
| am F2018L01011 | |
| s 4A.15..................................... | ad 2006 No. 3 |
| am F2018L01011 | |
| Part 5 | |
| s 5.01........................................ | am 2012 No. 1; F2015L01755; F2017L01113 |
| s 5.01A..................................... | ad 2012 No. 1 |
| s 5.02........................................ | rs F2017L01113 |
| s 5.03........................................ | am 2006 No. 3; F2015L01755 |
| s 5.05........................................ | am F2017L01113 |
| s 5.07........................................ | am F2017L01113 |
| Part 6 | |
| s 6.01........................................ | am 2005 No. 2 |
| s 6.02........................................ | am 2005 No. 2 |
| s 6.03........................................ | am 2005 No. 2 |
| s 6.04........................................ | ad F2018L00580 |
| s 6.05........................................ | ad F2018L00580 |
| Part 7 | |
| Division 1 | |
| Division 1 heading.................... | ad F2018L01011 |
| s 7.01........................................ | rs F2014L01513 |
| rep F2018L01011 | |
| s 7.02........................................ | rep F2014L01513 |
| s 7.03........................................ | ad 2012 No. 1 rep F2014L01513 |
| s 7.04........................................ | ad 2012 No. 1 |
| s 7.05........................................ | ad 2012 No. 1 am F2014L01513 |
| s 7.06........................................ | ad 2012 No. 1 |
| rep F2014L01017 | |
| Division 2 | |
| Division 2 heading.................... | ad F2018L01011 |
| s 7.07........................................ | ad 2012 No. 1 |
| rep F2014L01513 | |
| ad F2017L01113 | |
| Division 3 | |
| Division 3................................. | ad F2018L01011 |
| s 7.08........................................ | ad F2018L01011 |
| s 7.09........................................ | ad F2018L01011 |
| s 7.10........................................ | ad F2018L01011 |
| s 7.11........................................ | ad F2018L01011 |
| s 7.12........................................ | ad F2018L01011 |
| s 7.13........................................ | ad F2018L01011 |
| s 7.14........................................ | ad F2018L01011 |
| s 7.15........................................ | ad F2018L01011 |
| s 7.16........................................ | ad F2018L01011 |
| s 7.17........................................ | ad F2018L01011 |
| s 7.18........................................ | ad F2018L01011 |
| Division 4 | |
| Division 4................................. | ad F2018L01118 |
| s 7.19........................................ | ad F2018L01118 |
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