Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 2003 (No. 1)
I, JENNIFER GORDON, delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry, make this Order under section 17 of the Australian Meat and Live-stock Industry Act 1997.
Dated 28 October 2003
JENNIFER GORDON
National Manager
Animal and Plant Programs
Australian Quarantine and Inspection Service
Department of Agriculture, Fisheries and Forestry
1 Name of Order
This Order is the Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 2003 (No. 1).
2 Commencement
This Order commences on gazettal.
3 Amendment of Australian Meat and Live-stock Industry (Export of Cattle) Order 2003
Schedule 1 amends the Australian Meat and Live-stock Industry (Export of Cattle) Order 2003.
Schedule 1 Amendments
(section 3)
[1] Section 5, heading
substitute
5 Export of cattle to Middle East
[2] Subsection 5 (1)
substitute
(1) This section applies to the export of cattle to a port mentioned in subsection (1A).
(1A) A licensee must not, without the written consent of the Secretary, export cattle from a port in Australia to a port in any of the following places:
(a) Algeria;
(b) Bahrain;
(c) Egypt;
(d) Israel;
(e) Jordan;
(f) Kuwait;
(g) Lebanon;
(h) Libya;
(i) Oman;
(j) Palestine;
(k) Qatar;
(l) Saudi Arabia;
(m) United Arab Emirates;
(n) Yemen.
(1B) While the Australian Meat and Live-stock Industry (Export of Live-stock to Saudi Arabia) Order 2003 is in force, subsection (1A) has effect as if paragraph (l) were omitted.
[3] Subsection 5 (2), except the notes
substitute
(2) At the same time as the licensee lodges a notice of intention to export a consignment of cattle under Order 6 of the Export Control (Animals) Orders as amended, the licensee must submit to AQIS a consignment management plan for the export of cattle.
Overview
The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 2003 (No. 1) was enacted to address specific concerns regarding the export of cattle to certain Middle Eastern countries, particularly in response to animal health and welfare issues. This legislative instrument was made by Jennifer Gordon, a delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry, under the authority of the Australian Meat and Live-stock Industry Act 1997. The primary aim of this amendment is to provide enhanced control over the export of cattle to specified countries by requiring written consent from the Secretary for such exports, while also mandating the submission of a consignment management plan to the Australian Quarantine and Inspection Service. This ensures that the export process adheres to stringent animal health and welfare standards, thereby protecting the reputation and integrity of the Australian meat and livestock industry on the global stage.
Scope and Application
The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 2003 (No. 1) applies to licensees involved in the export of cattle from Australia, particularly those exporting to specific Middle Eastern countries. The Order amends the Australian Meat and Live-stock Industry (Export of Cattle) Order 2003 by specifying that, without the written consent of the Secretary, a licensee cannot export cattle from Australia to a port in Algeria, Bahrain, Egypt, Israel, Jordan, Kuwait, Lebanon, Libya, Oman, Palestine, Qatar, Saudi Arabia, or the United Arab Emirates, with a noted exception for Saudi Arabia under the Australian Meat and Live-stock Industry (Export of Live-stock to Saudi Arabia) Order 2003. This legislative instrument operates within the jurisdiction of the Australian Commonwealth and is administered by the Department of Agriculture, Fisheries and Forestry, with Jennifer Gordon as the delegate of the Secretary. The Order requires that at the time a licensee lodges a notice of intention to export cattle, they must also submit a consignment management plan to AQIS, underscoring the regulatory oversight in place for such exports.
Key Provisions
The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 2003 (No. 1) introduces key provisions that amend the Australian Meat and Live-stock Industry (Export of Cattle) Order 2003. The primary amendment, detailed in Schedule 1, modifies Section 5 to restrict the export of cattle to certain Middle Eastern countries without written consent from the Secretary (Section 5(1A)). Specifically, it prohibits the export of cattle to Algeria, Bahrain, Egypt, Israel, Jordan, Kuwait, Lebanon, Libya, Oman, Palestine, Qatar, Saudi Arabia, and the United Arab Emirates, unless the Australian Meat and Live-stock Industry (Export of Livestock to Saudi Arabia) Order 2003 is in force (Section 5(1B)).
Under this amendment, any licensee intending to export cattle must submit a consignment management plan to the Australian Quarantine and Inspection Service (AQIS) concurrently with lodging a notice of intention to export under Order 6 of the Export Control (Animals) Orders as amended (Section 5(2)). This requirement ensures that all export activities are meticulously planned and managed to comply with relevant regulations.
The obligations imposed by this legislation are significant for any licensee involved in the export of cattle. They must ensure they obtain written consent from the Secretary before exporting to the specified Middle Eastern countries. Furthermore, they must prepare and submit a detailed consignment management plan to AQIS, outlining the logistics and management of the cattle export. Failure to comply with these requirements could result in legal consequences.
For breaches of this legislation, there are potential civil and criminal consequences. The specific offences and penalties are not detailed in the text provided, but breaches of such regulations typically result in fines, which can be substantial depending on the severity of the breach. In some cases, repeated or severe breaches may lead to more severe penalties, including potential criminal charges against individuals responsible for the violations. It is important for licensees to adhere strictly to the requirements to avoid these consequences.