Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) Order 2003

Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) 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 Live Sheep and Goats to the Middle East) 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 Object 

 4 Definitions 

 5 Export of live sheep and goats under certain conditions 

 6 Conditions 

 7 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 Live Sheep and Goats to the Middle East) Order 2003.

2 Commencement

  This Order commences on gazettal.

3 Object

  The object of this Order is to enable a commercial live sheep and goat export trade to the Middle East on a regulated basis.

4 Definitions

  In this Order:

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

AQIS means the Australian Quarantine and Inspection Service.

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 live sheep or goats.

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 live sheep and goats granted under section 10 of the Act.

linear interpolation means the insertion of a new item in a series, the series extending in a straight line between, and maintaining a directly proportional relationship with, the two items either side of the new item.

5 Export of live sheep and goats under certain conditions

 (1) This Order applies to the export of live sheep and goats.

 (2) The licensee must not, without the written consent of the Secretary, export live sheep or goats 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.

 (2A) While the Australian Meat and Live-stock Industry (Export of Live-stock to Saudi Arabia) Order 2003 is in force, subsection (2) has effect as if paragraph (l) were omitted.

 (3) At the same time as the licensee lodges a notice of intention to export a consignment of live sheep or goats 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 live sheep or goats.

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.

 (4) When deciding whether to consent to an export of live sheep or goats under subsection (2), the Secretary must consider:

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

 (b) whether the pre-export assembly premises operates under an auditable quality assurance program; and

 (c) the welfare of the animals.

 (5) For each consignment of live sheep or goats exported during May, June, July, August, September or October, the floor area per head (excluding hospital pens) in an area of the ship where animals are housed must be at least the floor area required by the following table (for weights between those shown in the table, the minimum pen area per head is to be calculated by linear interpolation):

 (6) For each consignment of live sheep or goats exported during November, December, January, February, March and April, the floor area per head (excluding hospital pens) in an area of the ship where animals are housed must be at least the floor area required by the following table (for weights between those shown in the table, the minimum pen area per head is to be calculated by linear interpolation):

6 Conditions

  The Secretary may impose conditions on a consent to export under subsection 5 (2), 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 live sheep and goats 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 live sheep and goats.

7 Reconsideration and review of certain decisions

 (1) If the Secretary refuses to consent to the export of live sheep or goats under subsection 5 (2), 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 6.

 (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 after 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 Live Sheep and Goats to the Middle East) Order 2003

Note 1

The Australian Meat and Live-stock Industry (Export of Live Sheep and Goats to the Middle East) 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