Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1)

Administered by Department of Agriculture

Legislation au F2009L02110 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 108

 

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 2009 (No. 1)

 

Section 11 of the Australian Meat and Live-stock Industry Act 1997 (the Act) sets out the requirements for an application for a licence to export live-stock from Australia.  Subsection 11(1) provides that an application for an export licence must be made in accordance with the regulations.  Subsection 11(2) provides that an applicant for an export licence must pay the prescribed fee in respect of the application.

 

Subsection 74(1) of 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.

 

In addition, the Export Control (Animals) Order 2004, made under the Export Control Act 1982, provides that the export of live-stock is prohibited unless the exporter holds a live-stock export licence.

 

Regulation 15 of the Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 (the Regulations) deals with application fees for an export licence under the Act and provides for three specific components to the fee: (a) a lodgement component; (b) an external vetting agency component; and (c) an assessment component.

 

The purpose of the Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1) (the Amendment Regulations) is to amend the Regulations to increase the assessment component of the export licence application fee by 88%. 

 

This fee covers the cost for assessing whether the Secretary of the Department of Agriculture, Fisheries and Forestry (DAFF) may grant a live-stock export licence and any inspection, evaluation or demonstration of the applicant’s live-stock export business undertaken by an authorised officer or other appropriately qualified person nominated by the Secretary. The fee increase is a result of the loss of the 40% contribution, which was provided by the Australian Government, for export certification services.  The contribution lapses on 30 June 2009.  The revised fee also reflects the increase in service costs since the last fee increase in 2005.

 

In addition to increasing the charge in paragraph 15(1)(c), the Amendment Regulations also alter the prescribed unit of time in the paragraph from a half hour to a quarter hour to maintain consistency with fee charging units contained in other export legislation. 

 

The Australian Quarantine and  Inspection Service (AQIS) within DAFF, commenced consultation with its Industry Consultative Committees (ICCs) following the Government’s decision to allow the 40% contribution to lapse. Further to this, joint AQIS/Industry Ministerial Taskforces were also established for the fish, grain, dairy, meat, horticulture and live animal export industries. The Ministerial taskforces were consulted regarding the revised fees and charges resulting from the impending cessation of the 40% Australian Government contribution.

 

Consultation with the live animal export industry on these changes occurred through the Livestock Exporters Industry Consultative Committee (LEICC). The LEICC is the principal advisory forum for AQIS and the livestock export industry to consult on all issues relating to Australian livestock exports. The membership of the LEICC comprises of representatives from the following  key industry sectors:

  • Australian Livestock Exporters’ Council
  • LiveCorp
  • Cattle Council of Australia
  • Sheepmeat Council of Australia
  • Australian Maritime Safety Authority
  • Meat and Livestock Australia
  • LiveShip
  • AQIS and Department of Agriculture, Fisheries and Forestry representatives.

 

As these amendments make changes in relation to cost recovery, a Cost Recovery Impact Statement was prepared.

 

Details of the Amendment Regulations are set out below.

 

Regulation 1 specifies the name of the Amendment Regulations as the Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009
(No. 1).

 

Regulation 2 provides that the Amendment Regulations commence on 1 July 2009.

 

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

 

Schedule 1 – Amendment

 

Item 1 omits the fee of $75.00 per half hour provided under paragraph 15(1)(c) and replaces it with a fee of $70.50 per quarter hour. The effect of this is to increase the fee in relation to the assessment of export licensing applications. The fee increase is due to the loss of the 40% contribution provided by the Australian Government, which lapses on 30 June 2009.  In addition, the fee increase takes account of an increase in service costs since the last fee increase occurred in 2005. These increased costs include the costs of employing the authorised officer or other appropriately qualified person to undertake the assessment and/or conduct or observe the applicant’s live-stock export business when necessary to satisfy the Secretary that the requirements have been met.

 

In addition to increasing the charge, Item 1 alters the unit of time from a half hour to a quarter hour. This maintains consistency with fee charging units contained in other export legislation. 

 

Overview

The Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1) were introduced to address the financial impact on the Department of Agriculture, Fisheries and Forestry (DAFF) from the cessation of the Australian Government's 40% contribution for export certification services, which was set to expire on 30 June 2009. This regulation, issued by the Minister for Agriculture, Fisheries and Forestry, aims to adjust the fees for export licensing applications to reflect the loss of this contribution and the increase in service costs since the last fee adjustment in 2005. The primary policy objective was to ensure the cost recovery of the licensing process while maintaining the integrity and effectiveness of livestock export controls. The amendment increased the assessment component of the export licence application fee by 88%, changing the fee unit from half an hour to a quarter hour to align with other export legislation. This change was developed following consultations with the Livestock Exporters Industry Consultative Committee and various industry ministerial taskforces.

Scope and Application

The Australian Meat and Livestock Industry (Export Licensing) Amendment Regulations 2009 (No. 1) apply to entities and individuals who are involved in the export of livestock from Australia. These entities and individuals are required to comply with the Act and the associated regulations to obtain the necessary export licenses. The Amendment Regulations specifically focus on the financial aspects of applying for an export licence by modifying the fees associated with the assessment component of the application process. These regulations have a national reach, as they are made under the Commonwealth Act, the Australian Meat and Livestock Industry Act 1997. The Amendment Regulations are designed to update the fees to reflect the cessation of a 40% contribution from the Australian Government, which was set to lapse on 30 June 2009, and to account for increased service costs since the last fee adjustment in 2005. The Act and its subordinate instruments do not explicitly state any exclusions or exemptions, implying that all relevant applicants are subject to the regulations. The Amendment Regulations also include modifications to the prescribed unit of time for the assessment component of the fee from a half hour to a quarter hour, aligning it with other export legislation.

Key Provisions

The Australian Meat and Livestock Industry (Export Licensing) Amendment Regulations 2009 (No. 1) primarily amend the Australian Meat and Livestock Industry (Export Licensing) Regulations 1998 to adjust the fees associated with applying for an export licence under Section 11 of the Australian Meat and Livestock Industry Act 1997 (the Act). Specifically, Regulation 3 of the Amendment Regulations specifies that the amendments commence on 1 July 2009, and Schedule 1 outlines the changes to the fees. The key modification in Schedule 1, Item 1, is the replacement of the existing fee of $75.00 per half hour under paragraph 15(1)(c) of the Regulations with a new fee of $70.50 per quarter hour, effectively increasing the fee for the assessment component of the export licence application. This adjustment is necessary due to the cessation of a 40% contribution from the Australian Government, which expired on 30 June 2009, and to account for increased service costs since the last fee adjustment in 2005. The Amendment Regulations impose specific obligations on entities applying for an export licence for live-stock from Australia. Firstly, applicants must ensure that they comply with the fee structure as outlined in the amended Regulations, which now charges $70.50 per quarter hour for the assessment component of the export licence application. This adjustment reflects the loss of the 40% government contribution and the rising costs associated with the export certification services. Furthermore, applicants must adhere to the new time unit of a quarter hour, ensuring consistency with other export legislation. Additionally, applicants must ensure that they meet all the requirements set out in Section 11 of the Act and any other applicable regulations, including those under the Export Control (Animals) Order 2004, which mandates that live-stock exports are only permissible with a valid live-stock export licence. Breaching the provisions of the Australian Meat and Livestock Industry Act 1997 or the Australian Meat and Livestock Industry (Export Licensing) Amendment Regulations 2009 (No. 1) may lead to civil or criminal penalties. Under Section 166 of the Act, an individual or entity found guilty of an offence may be subject to penalties including fines. The maximum penalties for offences under the Act are significant, with fines potentially reaching up to 500 penalty units for individuals and 2,500 penalty units for bodies corporate, as stipulated under Section 167 of the Act. Additionally, under Section 168, a court may order the forfeiture of any property used in the commission of an offence, highlighting the seriousness with which breaches of these regulations are treated. It is essential for applicants to ensure full compliance with the legislative requirements to avoid these potential penalties.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.