Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No 1)

Overview

The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No. 1) were introduced to address concerns regarding the welfare of cattle exported from Australia, particularly during the northern summer months. Enacted by Ann McDonald, the General Manager of the Market Maintenance Group in the Department of Agriculture, Fisheries and Forestry under section 17 of the Australian Meat and Live-stock Industry Act 1997, these Orders seek to enhance the welfare of cattle by imposing specific restrictions and requirements on their export during the northern summer period. The Orders amend the Australian Meat and Live-stock Industry (Export of Cattle) Orders 1998 to prohibit the export of cattle to certain Middle Eastern ports without the Secretary's consent and to mandate stringent conditions for exports during the northern summer, including limitations on the number of cattle per consignment, breed composition, and the submission of a management plan for approval by the Australian Quarantine and Inspection Service. The policy objective is to ensure the welfare of cattle during export, reflecting a commitment to animal welfare standards in the live-stock industry.

Scope and Application

The Australian Meat and Live-stock Industry (Export of Cattle) Amendment Orders 2002 (No. 1) apply to entities and persons engaged in the export of cattle from Australia, specifically targeting licensees under the Australian Meat and Livestock Industry Act 1997. These Orders modify the Australian Meat and Livestock Industry (Export of Cattle) Orders 1998 by introducing new restrictions and requirements for the export of cattle to certain ports, particularly during the northern summer months. The scope of these Orders extends to geographical locations, imposing constraints on the export of cattle to specific ports in the Middle East and mandating compliance with additional welfare and management requirements. Notably, the Orders specify that the Secretary must prioritise the welfare of the cattle when considering consent for exports. The application of these Orders is national, as they are made under the Commonwealth Act and thus apply across Australia. However, they do not explicitly state exclusions or exemptions, but rather detail specific conditions that must be adhered to by licensees. The Orders also allow for further amendments through subordinate instruments, indicating their dynamic nature in response to evolving industry practices and standards.

Key Provisions

The Australian Meat and Livestock Industry (Export of Cattle) Amendment Orders 2002 (No. 1) (the "Orders") modify the Australian Meat and Livestock Industry (Export of Cattle) Orders 1998. These Orders are made under section 17 of the Australian Meat and Livestock Industry Act 1997. They come into effect on the date of their gazettal, as stated in section 2. The primary amendment introduced by Schedule 1 is the insertion of new definitions and restrictions on the export of cattle to specific ports, and additional provisions regarding the export of cattle during the northern summer months from Australian ports north of the 26th parallel south latitude. These Orders impose specific obligations and requirements on the licensees who are authorised to export cattle. According to clause 4(1A) as amended, a licensee is prohibited from exporting cattle to certain Middle Eastern ports without the written consent of the Secretary. The specified ports include Bahrain (Manama), Kuwait, Doha and Umm Said in Qatar, Dammam in Saudi Arabia, and Dubai, Mina Saqr, and Umm Al Quwain in the UAE. Furthermore, clause 4A pertains to the export of cattle during the northern summer months, from May to October, from Australian ports north of the 26th parallel south latitude. This clause mandates that any such export must adhere to strict conditions, including limiting the number of cattle in a consignment to no more than 500 head, ensuring that 80% of the consignment consists of cattle with the physical characteristics of the bos indicus type, and complying with the stocking densities prescribed in the Livestock Export Accreditation Program (LEAP). Additionally, clause 4A(3) requires the submission of a management plan for the export of the cattle to the Australian Quarantine and Inspection Service before applying for an export permit. Failure to comply with these Orders can result in significant legal consequences. While the specific offences, penalties, or consequences for breach are not detailed in the Orders themselves, the Australian Meat and Livestock Industry Act 1997 generally provides for civil and criminal penalties for non-compliance with the Act and its subsidiary legislation. The Act allows for the imposition of fines and potential imprisonment for more serious breaches. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or subsequent legislative amendments. It is important for licensees to ensure strict adherence to these requirements to avoid any potential enforcement actions.