EXPLANATORY STATEMENT
STATUTORY RULES 1983 No. 249
Issued by the Authority of the Minister of State for Housing and Construction for and on behalf of the Minister of State for Primary Industry
AUSTRALIAN MEAT AND LIVE-STOCK CORPORATION
(CONDITIONS OF EXPORT) REGULATIONS
The purpose of these regulations is to make a number of detailed provisions which will form part of revised statutory arrangements for the control of meat and livestock exports by the Australian Meat and Live-stock Corporation (AMLC).
The basic framework of those arrangements was laid down in the Australian Meat and Live-stock Corporation Amendment Act 1982, which will come into operation on the same date as the regulations, that is, 31 October 1982. Within that framework, a number of matters are being prescribed by regulation.
Thus, in order to clarify the intention of the Act that in relation to meat, AMLC should control exports of edible meat only provision is made in the Amendment Act that such control should not extend to the kinds of meat declared by regulations to be unfit for human consumption. The proposed regulations specify the kinds of meat so declared.
Other matters specified by the regulations cover:
(a) Documents and information to be provided by persons applying for an AMLC licence to export meat or livestock.
(b) Events of which a licence-holder must inform the AMLC because of their bearing on his fitness to remain licensed.
(c) Particulars and documents to be furnished by licensees seeking renewal of licence.
(d) Matters to be taken into account in determining whether a licensee has ceased to be a person of integrity, competence and sound financial standing.
(c) Particulars to be provided by a licensee in respect of nominees authorised to act on the licensee’s behalf in furnishing declarations, information or returns required by the AMLC.
(f) Manner of dealing with samples taken by authorised officers of the AMLC for the purpose of ascertaining whether statutory requirements and conditions of export have been complied with.
(g) The person who will be empowered to decide on the manner of disposal of meat and livestock forfeited.
Overview
The Australian Meat and Live-stock Corporation (Conditions of Export) Regulations 1983 were enacted to provide detailed provisions forming part of the revised statutory arrangements for the control of meat and livestock exports by the Australian Meat and Live-stock Corporation (AMLC). The Australian Meat and Live-stock Corporation Amendment Act 1982 established the basic framework for these arrangements, which came into operation on 31 October 1982. The regulations aim to clarify the intention that AMLC should control exports of edible meat only, excluding meat deemed unfit for human consumption as specified by the regulations. The provisions cover a range of matters including documentation, information requirements, and conditions for AMLC licence applications and renewals, as well as criteria for assessing a licensee’s fitness and integrity. These regulations were issued by the Authority of the Minister of State for Housing and Construction on behalf of the Minister of State for Primary Industry, with the policy objective of ensuring the integrity and quality of Australian meat and livestock exports.
Scope and Application
The Australian Meat and Live-stock Corporation (Conditions of Export) Regulations, 1982, apply to the Australian Meat and Livestock Corporation (AMLC) and any person or entity seeking to export meat or livestock under AMLC’s control. This regulation forms part of the statutory arrangements for the control of meat and livestock exports, as laid down by the Australian Meat and Livestock Corporation Amendment Act 1982. These regulations specify the types of meat unfit for human consumption, thus clarifying that AMLC’s control over exports does not extend to such meat. Furthermore, the regulations detail the documents and information required for licence applications, the events that must be reported to AMLC, the particulars and documents needed for licence renewals, and the criteria for assessing a licensee's integrity, competence, and financial soundness. They also outline the requirements for nominees acting on behalf of licensees and the procedures for handling samples taken by authorised officers to ensure compliance with statutory requirements and export conditions. Additionally, the regulations designate the authority responsible for deciding the disposal of forfeited meat and livestock. The regulations' application extends nationally, covering all exports managed by AMLC, subject to the overarching provisions of the Amendment Act.
Key Provisions
The Australian Meat and Livestock Corporation (Conditions of Export) Regulations 2004 establish a framework for the export of meat and livestock by the AMLC. Section 3 of the regulations specifies the kinds of meat that are unfit for human consumption, thereby clarifying that AMLC's control over exports is limited to edible meat only. This aligns with the intention of the Australian Meat and Livestock Corporation Amendment Act 1982, which was designed to regulate exports of meat and livestock by the AMLC.
The regulations impose several obligations on parties seeking to export meat or livestock. Section 4 outlines the documents and information required from applicants for an AMLC export licence. Licence holders must also inform the AMLC of certain events that may affect their fitness to remain licensed, as stipulated in Section 5. When seeking licence renewal, applicants must provide particulars and documents as per Section 6. Additionally, Section 7 details the factors considered in assessing whether a licensee remains a person of integrity, competence, and sound financial standing. Section 8 requires licensees to provide particulars of nominees authorised to act on their behalf in fulfilling AMLC requirements.
Failure to comply with the regulations can lead to significant consequences. While the specific offences, penalties, and consequences are not detailed in the provided excerpt, it is implied that breaches of the regulations could result in legal actions. The regulations are designed to ensure that the export of meat and livestock meets statutory requirements and conditions, and any deviation from these requirements could potentially lead to civil or criminal penalties. The maximum penalties, if any, would be specified in the main body of the regulations or in related legislation.