Australian Meat and Live-stock Industry (Conditions on live-stock export licences) Order 2012

Overview

The Australian Meat and Livestock Industry (Conditions on Livestock Export Licences) Order 2012 was enacted to address the need for improved animal welfare in the live-stock export industry, aligning with international standards. This legislative instrument was introduced under the authority of the Australian Meat and Livestock Industry Act 1997 by the Secretary of the Department of Agriculture, Fisheries and Forestry. The primary policy objective of this Order is to ensure that all holders of livestock export licences adhere to the updated provisions of the Export Control (Animals) Order 2004, which were set to be amended on 1 March 2012. This alignment was achieved through extensive consultation with stakeholders including industry representatives, state and territory governments, animal welfare organisations, and Australia's trading partners. The resulting Order effectively integrates these new welfare provisions into the licensing conditions, thereby enhancing the regulatory framework for animal welfare in the live-stock export sector.

Scope and Application

The Australian Meat and Livestock Industry (Conditions on Livestock Export Licences) Order 2012 applies to holders of livestock export licences issued under the Australian Meat and Livestock Industry Act 1997. This encompasses entities and persons involved in the export of livestock from Australia, and includes those whose licences have been renewed. The order is intended to ensure that these entities and persons adhere to the provisions outlined in the Export Control (Animals) Order 2004, which are aimed at improving animal welfare outcomes in the livestock export industry. The geographic reach of the Order is nationwide, as it applies to all livestock exports conducted under the authority of the Commonwealth of Australia. There are no specific exclusions or exemptions outlined in the Order, though it does allow for the Secretary to make further orders under subsection 17(1) of the Act, which could potentially introduce additional conditions or carve-outs through subordinate instruments. This Order is designed to reinforce the existing regulatory framework and ensure consistent application of animal welfare standards across the livestock export industry.

Key Provisions

The Australian Meat and Livestock Industry (Conditions on Livestock Export Licences) Order 2012 (Licence Conditions Order) is structured around several key sections, each designed to ensure compliance with animal welfare standards in the live-stock export industry. Section 1 identifies the Order as the Australian Meat and Livestock Industry (Conditions on Livestock Export Licences) Order 2012. Section 2 specifies that the Order commences on 1 March 2012, ensuring that all changes take effect on that date. Section 3 is pivotal, as it mandates that the holder of any livestock export licence must adhere to the relevant provisions of the Export Control (Animals) Order 2004, thereby integrating the new animal welfare requirements into the existing licensing framework. The obligations imposed by the Licence Conditions Order are clear and specific. Under Section 3, any holder of a livestock export licence must ensure full compliance with the Export Control (Animals) Order 2004, which includes the new provisions introduced by the Export Control (Animals) Amendment Order 2012 (No. 1). This requirement extends to both new and renewed licences, ensuring that all export activities adhere to the updated standards. These obligations necessitate that exporters maintain records, implement necessary procedures, and report any non-compliance issues to the relevant authorities. Failure to comply with the provisions of the Licence Conditions Order can result in significant consequences. Under the Australian Meat and Livestock Industry Act 1997, non-compliance with the conditions of a livestock export licence can lead to both civil and criminal penalties. The maximum penalties for breaches may include fines and, in severe cases, imprisonment. These measures are designed to enforce adherence to the animal welfare standards and to deter any non-compliance that could endanger animal welfare during live-stock exports.