Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Amendment Order 2011

Overview

The Australian Meat and Livestock Industry (Export of Livestock to Egypt) Amendment Order 2011 was enacted to address the need to update the regulatory framework governing the export of Australian livestock to Egypt. This amendment was made under section 17 of the Australian Meat and Livestock Industry Act 1997, by the Secretary of the Department of Agriculture, Fisheries and Forestry. The primary purpose of this Order is to incorporate changes to the existing Memorandum of Understanding (MoU) between the Australian Government and the Government of the Arab Republic of Egypt regarding the handling and slaughter of Australian livestock. This includes the addition of a new approved slaughterhouse for Australian cattle in Egypt and clarifying the requirement for Australian Quarantine and Inspection Service (AQIS) to be provided with a statement confirming the availability of quarantine space in a specific feedlot and the intended port of arrival for the cattle. This legislative amendment aims to facilitate trade by providing an additional supply chain for the export and processing of Australian cattle in Egypt, with the support of the Egyptian government and the existing industry participants.

Scope and Application

The Australian Meat and Livestock Industry (Export of Livestock to Egypt) Amendment Order 2011 applies to holders of export licenses under the Australian Meat and Livestock Industry Act 1997, particularly focusing on the export of livestock to Egypt. This order is made under the authority of the Secretary of the Department of Agriculture, Fisheries and Forestry and is designed to implement an amendment to a Memorandum of Understanding between the Australian Government and the Government of the Arab Republic of Egypt. The order modifies the Australian Meat and Livestock Industry (Export of Livestock to Egypt) Order 2008 to include an additional approved slaughterhouse for the processing of Australian cattle exported to Egypt, thereby facilitating an additional supply chain for these exports. It also specifies that before the export of a consignment of cattle to Egypt, Australian Quarantine and Inspection Service (AQIS) must receive a statement confirming that quarantine space is available in a particular feedlot and that the cattle will arrive at the nearest port to the relevant feedlot and slaughterhouse. This order does not substantially alter existing arrangements and has the support of domestic participants in the live cattle trade, as it primarily facilitates additional trade opportunities with Egypt.

Key Provisions

The Australian Meat and Livestock Industry (Export of Livestock to Egypt) Amendment Order 2011 (the Order) amends the Australian Meat and Livestock Industry (Export of Livestock to Egypt) Order 2008 (the 2008 Order). Section 1 of the Order provides for the name of the Order, while Section 2 specifies that the Order will commence on the day after it is registered. Section 3 of the Order makes the necessary amendments to the 2008 Order, reflecting the changes to the Memorandum of Understanding (MoU) between the Australian Government and the Government of the Arab Republic of Egypt. Under the 2008 Order, section 6 outlines the requirements for the export of livestock to Egypt. The Order amends section 6 to clarify that a written statement must be provided before the export of a consignment of cattle to Egypt, indicating that quarantine space is available in a particular feedlot and that the cattle will arrive at the nearest port to the relevant feedlot and slaughterhouse. This amendment ensures that all necessary arrangements are in place before the export of livestock. Additionally, the Order includes an updated table at the end of section 6 to reflect the changes to the MoU, which now includes an additional approved slaughterhouse for the slaughter of Australian cattle exported to Egypt. This means that a second supply chain is now available for the export and processing of Australian cattle in Egypt. The Order imposes several obligations on the parties and entities it governs. Firstly, holders of export licences under the Australian Meat and Livestock Industry Act 1997 must comply with the requirements outlined in the Order, including providing the necessary written statement before exporting livestock to Egypt. Secondly, Australian cattle exporters must ensure that their consignments of cattle meet the requirements of the Order and the MoU, including using the appropriate supply chain and port of entry in Egypt. Finally, the Australian Government and the Government of the Arab Republic of Egypt must work together to ensure that the MoU is implemented effectively and that any issues that arise are resolved in a timely and efficient manner. Failure to comply with the requirements of the Order may result in civil or criminal consequences, depending on the nature and severity of the breach. Under the Australian Meat and Livestock Industry Act 1997, breaches of the Act or any order made under it may be subject to penalties, including fines and imprisonment. The maximum penalties for breaches of the Act vary depending on the offence and the circumstances of the case. For example, the maximum penalty for knowingly providing false or misleading information in an application for an export licence is a fine of up to $55,000 or imprisonment for up to two years, or both. Similarly, the maximum penalty for contravening any provision of the Act or an order made under it is a fine of up to $110,000 or imprisonment for up to five years, or both. It is important for all parties and entities governed by the Order to understand their obligations and to take all necessary steps to ensure compliance.