Australian Meat and Live-stock Industry (Export of Cattle) Order 2003

Australian Meat and Live-stock Industry (Export of Cattle) Order 2003

as amended

made under section 17 of the

Australian Meat and Live-stock Industry Act 1997

This compilation was prepared on 30 October 2003
taking into account amendments up to Australian Meat and Live-stock Industry (Export of Cattle) Amendment Order 2003 (No. 1)

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

 1 Name of Order [see Note 1] 

 2 Commencement 

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

 4 Definitions 

 5 Export of cattle to Middle East 

 6 Export of cattle to places other than South East Asia and Japan from May to October             

 7 Export of cattle to places other than South East Asia and Japan from November to April             

 8 Conditions 

 9 Reconsideration and review of certain decisions 

Notes  

1 Name of Order [see Note 1]

  This Order is the Australian Meat and Live-stock Industry (Export of Cattle) Order 2003.

2 Commencement

  This Order commences on gazettal.

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

  The following orders are revoked:

  Order No LC2/98 Export of Cattle during Northern Hemisphere Summer Months

  Order No. LC2/98 Amendment Orders 1998 (No. 1)

  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 Orders 2002 (No. 1).

4 Definitions

  In this Order:

Act means the Australian Meat and Live-stock Industry Act 1997.

AQIS means the Australian Quarantine and Inspection Service.

cattle means live cattle.

consignment management plan means a plan, prepared using a form approved by AQIS, setting out the preparation and voyage details for a proposed export of cattle.

hospital pen means a pen of that name as required by Marine Orders, Part 43, made under the Navigation Act 1912.

licensee means the holder of a live-stock export licence to export cattle granted under section 10 of the Act.

South East Asia means Brunei Darussalam, Indonesia, Malaysia, Philippines, Singapore and Vietnam.

5 Export of cattle to Middle East

 (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.

 (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.

Note 1   Order 6 of the Export Control (Animals) Orders as amended requires a notice of intention to export to be lodged:

(a) if isolation is not required — not less than 7 clear working days prior to the intended date of export; and

(b) if isolation is required — not less than 7 clear working days prior to the commencement of the isolation period.

Note 2   The approved form of the consignment management plan is available from Live Animals Export Program, AQIS, GPO Box 858, Canberra ACT 2601.

 (3) When deciding whether to consent to an export of cattle under paragraph (2) (c), the Secretary must consider:

 (a) the adequacy of the consignment management plan; and

 (b) the welfare of the animals.

6 Export of cattle to places other than South East Asia and Japan from May to October

 (1) This section applies to the export of cattle, during May, June, July, August, September or October, from a port in Australia south of 26 south latitude to a port in a place other than South East Asia and Japan.

 (2) A 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) A 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) A licensee must not, without the written consent of the Secretary, export cattle:

 (a) intended for slaughter or breeding; and

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

 (5) When deciding whether to consent to an export of cattle under subsection (3) or (4), the Secretary must consider the welfare of the animals.

 (6) For each consignment of cattle, the floor area per head (excluding hospital pens) in an area of the ship where cattle are housed must be at least the floor area required by the following table:

 (7) If the average weight per head of cattle is not a weight mentioned in the table to subsection (6), the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.

 (8) Cattle intended for breeding, and for which the Secretary has given consent to the export of under subsection (3), 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) Cattle intended for slaughter or breeding, and for which the Secretary has given consent to the export of under subsection (4), must be penned separately from other cattle.

7 Export of cattle to places other than South East Asia and Japan from November to April

 (1) This section applies to the export of cattle, during November, December, January, February, March or April, from a port in Australia south of 26 south latitude to a port in a place other than South East Asia and Japan.

 (2) A 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) A 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) A licensee must not, without the written consent of the Secretary, export cattle:

 (a) intended for slaughter or breeding; and

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

 (5) When deciding whether to consent to an export of cattle under subsection (3) or (4), the Secretary must consider the welfare of the animals.

 (6) For each consignment of cattle, the floor area per head (excluding hospital pens) in an area of the ship where cattle are housed must be at least the floor area required by the following table:

 (7) If the average weight per head of cattle is not a weight mentioned in the table to subsection (6), the minimum floor area per head is the area mentioned for an average weight rounded up to the nearest 5 kg.

 (8) Cattle intended for breeding, and for which the Secretary has given consent to the export of under subsection (3), must:

 (a) be penned separately from other cattle; and

 (b) each have a minimum pen area of 2.255 m2 plus 0.02 m2 for each 5 kg over 550 kg.

 (9) Cattle intended for slaughter or breeding, and for which the Secretary has given consent to the export of under subsection (4), must be penned separately from other cattle.

8 Conditions

  The Secretary may impose conditions on a consent to export under paragraph 5 (2) (c) or subsection 6 (3), 6 (4), 7 (3) or 7 (4), including the condition:

 (a) that, if an event or circumstance specified in the written consent happens, the licensee will, within the specified time after the event or circumstance happens, give the Secretary written particulars of the event or circumstance; and

 (b) that the licensee make declarations to the Secretary, including declarations with respect to cattle that have been exported, or are proposed to be exported from Australia; and

 (c) that the licensee give information, send returns or produce documents to the Secretary, including information, returns or documents with respect to sales, or orders for the supply, of cattle.

9 Reconsideration and review of certain decisions

 (1) If the Secretary refuses to consent to the export of cattle under paragraph 5 (2) (c) or subsection 6 (3), 6 (4), 7 (3) or 7 (4), the licensee who sought the consent may ask the Secretary to reconsider the decision.

 (2) The licensee may also ask the Secretary to reconsider a decision to impose a condition or conditions under section 8.

 (3) 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.

 (4) After reconsidering a decision, the Secretary must:

 (a) confirm the original decision; or

 (b) substitute another decision for it.

 (5) 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.

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

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

Notes to the Australian Meat and Live-stock Industry (Export of Cattle) Order 2003

Note 1

The Australian Meat and Live-stock Industry (Export of Cattle) Order 2003 (in force under the Australian Meat and Live-stock Industry Act 1997) as shown in this compilation is amended as indicated in the Tables below.

Table of Orders

Table of Amendments