Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2005 (No. 1)

Administered by Department of Agriculture

Legislation au F2005L01501 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 119

 

Issued by the authority of the Minister for Agriculture, Fisheries and Forestry

 

Australian Meat and Live-stock Industry Act 1997

 

Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2005 (No. 1)

 

Subsection 74(1) of the Australian Meat and Live-stock Industry Act 1997 (the Act) provides that the Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Section 10 of the Act provides that the Secretary may grant a person a licence to export meat or live-stock from Australia.  Section 15 of the Act provides that a licence to export meat or live-stock is subject to any conditions that are prescribed by the regulations in addition to those conditions specified in the Act.

 

The purpose of the Australian Meat and Live-stock -stock Industry (Export Licensing) Amendment Regulations 2005 (No. 1) (‘the Amendment Regulations’) is to update the requirements applying to holders of live-stock export licences.

 

Part 3 of the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 (‘the Principal Regulations’) sets out the requirements relating to live-stock export licences.  Regulation 13 of the Principal Regulations defines the Australian Standards for the Export of Live-stock, for the purposes of Part 3 of the Principal Regulations, as the document of that name published by the Department of Agriculture, Fisheries and Forestry (‘the Department’), as in force on 1 December 2004.

 

Regulation 18 of the Principal Regulations sets out the conditions to which live-stock export licences are subject.  These are, inter alia, that the holder must have an approved operations and governance manual for the licence, that the holder must not export live-stock except in accordance with the Australian Standards for the Export of Live-stock, and that the holder must update their operations and governance manual, by variation of the licence under regulation 19, if there is a change to those standards.

 

The Amendment Regulations amend the Principal Regulations to enable the Secretary of the Department to specify the relevant standards that a holder of a live-stock export licence must comply with in order to export live-stock.  The Amendment Regulations also provide that the holder of a live-stock export licence must update their operations and governance manual if the relevant standards change.

 

The Amendment Regulations will speed up the process involved in specifying the relevant standards that apply to holders of live-stock export licences.

 

The Amendment Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.  Consultation was not undertaken for the making of the Amendment Regulations, as the amendments are minor and machinery of government in nature.  For the same reason, the Office of Regulation Review advised that a regulation impact statement was not required for the Amendment Regulations.

 

Details of the Amendment Regulations are set out below:

 

Regulation 1 – Name of Regulations

 

Regulation 1 is a formal provision specifying that the Amendments Regulations are named the Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2005 (No. 1).

 

Regulation 2 – Commencement

 

Regulation 2 provides that the Amendment Regulations commence on 1 July 2005.

 

Regulation 3 – Amendment of Regulations

 

Regulation 3 provides that Schedule 1 to the Amendment Regulations amends the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 (‘the Principal Regulations’).

 

Schedule 1 – Amendments

 

Item 1

 

This item amends regulation 13 of the Principal Regulations by extending the definition of the Australian Standards for the Export of Live-stock to include not only the document of the same name published by the Department and in force on 1 December 2004 but any subsequent versions of those standards or such other standards specified in an order made by the Secretary under section 17 of the Act.

 

Item 2

 

Item 2 amends subregulation 18(1) of the Principal Regulations, which specifies conditions to which live-stock export licences are subject.  Subregulation 18(1) previously provided that a live-stock export licence is subject to the conditions that the holder must have an approved operations and governance manual for the licence, that the holder must not export live-stock except in accordance with the Australian Standards for the Export of Live-stock, and that the holder must update their operations and governance manual, by variation of the licence under regulation 19, if there is a change to those standards.

 

Item 2 amends subregulation 18(1) by inserting the condition that, if the Secretary made an order, under section 17 of the Act, specifying standards that the holder of a live-stock export licence must comply with, the holder must within two months after the date the order takes effect, apply to the Secretary to vary the licence to update their operations and governance manual to take account of the new standards.

 

Item 2 also amends subregulation 18(1) by inserting a condition that if the Secretary amended the order made under section 17 of the Act, the holder of a live-stock export licence must within two months after the date the amendment took effect, make another application to vary their licence to update their operations and governance manual to take account of any change to the Standards resulting from the amendment.

 

The condition that the holder must not export live-stock except in accordance with the Australian Standards for the Export of Live-stock is removed from subregulation 18(1), as the requirement to comply with standards may be specified in an order made by the Secretary under section 17 of the Act.  Subsection 17(5) of the Act provides that a live-stock export licence is subject to the condition that the holder must comply with orders made under section 17 of the Act.

Overview

The Australian Meat and Livestock Industry (Export Licensing) Amendment Regulations 2005 (No. 1) were enacted to update the requirements applying to holders of livestock export licences, thereby ensuring that the Australian Meat and Livestock Industry Act 1997 (the Act) remains effective and relevant. These regulations were issued under the authority of the Minister for Agriculture, Fisheries and Forestry and aim to streamline the process involved in specifying the relevant standards that apply to livestock export licence holders. This update is designed to facilitate compliance with evolving standards and to enhance the overall efficiency of the export licensing process. The Australian Meat and Livestock Industry (Export Licensing) Amendment Regulations 2005 (No. 1) amend the Australian Meat and Livestock Industry (Export Licensing) Regulations 1998 by extending the definition of the Australian Standards for the Export of Livestock to include any subsequent versions or other specified standards. This allows for more flexibility in updating the standards without requiring extensive regulatory changes. Additionally, the Amendment Regulations require licence holders to update their operations and governance manuals if the relevant standards change, ensuring that export practices remain aligned with current requirements. The policy objective is to maintain high standards of animal welfare and trade compliance while facilitating smoother and more efficient export operations.

Scope and Application

The Australian Meat and Livestock Industry (Export Licensing) Amendment Regulations 2005 (No. 1) apply to holders of export licences for the export of meat or livestock from Australia. These regulations update the requirements for such licence holders and are made under the Australian Meat and Livestock Industry Act 1997, which provides for the licensing of meat and livestock exports. The Amendment Regulations are in force as of 1 July 2005 and modify the Australian Meat and Livestock Industry (Export Licensing) Regulations 1998 to enable the Secretary to specify the relevant standards that a holder of a livestock export licence must comply with. The Amendment Regulations also provide that the holder of a livestock export licence must update their operations and governance manual if the relevant standards change. The regulations apply across Australia and are applicable to all entities and individuals holding export licences under the Act. There are no stated exclusions or exemptions within the Amendment Regulations themselves, although compliance with any orders made by the Secretary under section 17 of the Act is mandatory for licence holders.

Key Provisions

The Australian Meat and Livestock Industry (Export Licensing) Amendment Regulations 2005 (No. 1) amend the existing Australian Meat and Livestock Industry (Export Licensing) Regulations 1998 to update the requirements for holders of livestock export licences. Under the original regulations, as set out in regulation 18(1) of the Principal Regulations, livestock export licences were subject to specific conditions, including the need for the licence holder to have an approved operations and governance manual and to comply with the Australian Standards for the Export of Livestock. The Amendment Regulations now allow the Secretary to specify the relevant standards that a livestock export licence holder must comply with, rather than being limited to the Australian Standards for the Export of Livestock. Additionally, if the Secretary makes an order under section 17 of the Act specifying new standards or amends such an order, the licence holder must apply to vary the licence to update their operations and governance manual within two months of the order taking effect or the amendment taking effect, respectively. The Amendment Regulations also ensure that the definition of the Australian Standards for the Export of Livestock is expanded to include any subsequent versions of those standards or any other standards specified in an order made by the Secretary. The Amendment Regulations impose several obligations on the holders of livestock export licences. These include the requirement to have an approved operations and governance manual and to update this manual if there are changes to the relevant standards specified by the Secretary under section 17 of the Act. Specifically, if the Secretary makes an order specifying new standards, the licence holder must apply to vary the licence to update their operations and governance manual within two months of the order taking effect. Similarly, if the Secretary amends such an order, the licence holder must again apply to vary the licence to update their operations and governance manual within two months of the amendment taking effect. These obligations are in addition to the general requirement for the licence holder to comply with any orders made under section 17 of the Act. Breach of the conditions set out in the Amendment Regulations may have civil or criminal consequences. Under the Australian Meat and Livestock Industry Act 1997, a person who contravenes a condition of a licence to export meat or livestock from Australia may be subject to enforcement action. The Act provides that a person who contravenes a condition of a licence is guilty of an offence and may be liable to a fine of up to 100 penalty units for an individual and up to 500 penalty units for a body corporate. Additionally, the Act allows for the cancellation or suspension of a licence for non-compliance with the conditions. In cases of serious or repeated non-compliance, the licence holder may also face criminal charges, which could result in more severe penalties, including imprisonment. The specific penalties for breaches of the Amendment Regulations are not detailed in the Explanatory Statement but would be in line with the general provisions of the Act.

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