Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No LC1/99)

Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.  LC1/99)

I, GEOFFREY CHARLES GORRIE, Acting Secretary to the Department of Agriculture, Fisheries and Forestry, make this order under section 17 of the Australian Meat and Live-stock Industry Act 1997.

Dated this 24th day of November 1999.

GEOFFREY CHARLES GORRIE

Acting Secretary to the Department of Agriculture, Fisheries and Forestry

Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.  LC1/99)1

made under the

Australian Meat and Live-stock Industry Act 1997

Contents

 Page

 1  Name of Order 2

 2  Commencement 2

 3   Amendment of Order No LC2/98 3

Schedule 1   Amendment of Order No. LC2/98 3             

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1 Name of order

  This order is the Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 1999 (No.  LC1/99).

2 Commencement

  This order commences on gazettal.

3 Amendment of Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998

  Schedule 1 amends the Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 (No. LC2/98).

Schedule 1 Amendments

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(section 3)

[1] Clause 3, definitions of animal house, AQIS, AQIS certifying officer, competent stock attendant, LEAP, LIVECORP, master, maximum number of cattle, parallel and pen area available

omit

[2] Section 4

substitute

4 Export during northern summer of cattle from Australian ports south of 26th parallel

 (1) This clause applies to the export of cattle by a licensee:

 (a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and

 (b) during May, June, July, August, September or October.

 (2) The licensee must not export cattle:

 (a) intended for slaughter; and

 (b) for an individual animal — over 500 kg live weight when it is loaded.

 (3) The licensee must not, without the written consent of the Secretary, export cattle:

 (a) intended for breeding; and

 (b) for an individual animal — over 500 kg live weight when it is loaded.

 (4) The licensee must not, without the written consent of the Secretary, export cattle;

 (a) intended for breeding or slaughter, and

 (b) for an individual animal — under 150 kg live weight when it is loaded.

 (5) When deciding whether to approve the export of breeding cattle under subclause (3) or (4) the Secretary must give priority to the welfare of the cattle.

 (6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.

  (7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.

 (8) Breeding cattle of over 500 kg live weight must:

 (a) be penned separately from other cattle; and

 (b) each have a minimum pen area of 2.059 m2 plus 0.02 m2 for each 5 kg over 500 kg.

 (9) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.

5 Export during northern winter of cattle from Australian ports south of 26th parallel

 (1) This clause applies to the export of cattle by a licensee:

 (a) from a port in Australia south of 26 south latitude (except export to South East Asia or Japan); and

 (b) during November, December, January, February, March or April.

 (2) The licensee must not export cattle:

 (a) intended for slaughter; and

 (b) for an individual animal — over 550 kg live weight when it is loaded.

 (3) The licensee must not, without the written consent of the Secretary, export cattle:

 (a) intended for breeding; and

 (b) for an individual animal — over 550 kg live weight when it is loaded.

 (4) The licensee must not, without the written  consent of the Secretary, export cattle:

 (a) intended for breeding or slaughter, and

 (b) for an individual animal — under 150 kg live weight when it is loaded.

  (5) When deciding whether to approve the export of cattle under subclause (3) or (4), the Secretary must give priority to the welfare of the cattle.

 (6) For each consignment of cattle, the average floor area per animal (excluding spare pens) in an area of the ship where animals are housed must be at least the amount worked out under the following table.

  (7) If the average weight per head of cattle is not a weight mentioned in the table, the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.

 (8) Slaughter or breeding cattle of over 500 kg live weight must be penned separately from other cattle.

 (9) Breeding cattle of over 550 kg live weight must each have a minimum pen area of 2.255 m2  plus 0.02 m2 for each 5 kg over 550 kg.

 (10) Slaughter or breeding cattle under 150 kg live weight must be penned separately from other cattle.

6 Reconsideration and review of certain decisions

 (1) If the Secretary refuses to consent to the export of cattle mentioned in subclause 4 (3), 4 (4), 5 (3) or 5 (4), the licensee who sought the consent may ask the Secretary to reconsider the decision.

 (2) A request for reconsideration must:

 (a) be in writing; and

 (b) set out the reasons why the Secretary should reconsider the decision; and

 (c) be given to the Secretary within 14 days after the licensee is told in writing of the decision.

 (3) After reconsidering a decision, the Secretary must either:

 (a) confirm the original decision; or

 (b) substitute another decision for it.

 (4) If the Secretary does not tell the licensee in writing of the result of the reconsideration within 21 days of receiving the request, the Secretary is taken to have confirmed the original decision.

 (5) If the Secretary decides to substitute another decision for the original decision, the later decision replaces the original decision for all purposes.

 (6) The licensee may apply to the Administrative Appeals Tribunal for review of the Secretary’s decision on reconsideration.

1. Made by the Acting Secretary to the Department of Agriculture, Fisheries and Forestry on 24th November 1999.                        .