EXPLANATORY STATEMENT
Issued by Authority of the Secretary of the Department of Agriculture
Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Repeal Order 2014
Legislative Authority
Section 74 of the Australian Meat and Live-stock Act 1997 (Act) provides that the
Governor-General may make regulations prescribing all matters that are required or permitted by the Act to be prescribed, or that are necessary or convenient to be prescribed for carrying out or giving effect to the Act.
The Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 are made under the Act and provide for granting of licences to export live-stock from Australia and specify conditions the licence holders are subjected to.
Section 17 of the Act provides that the Secretary may make written orders and give written directions, not inconsistent with the regulations, to be complied with by the holders of export licences.
The Australian Meat and Live-stock Industry (Conditions on Live-stock export licences) Order 2012, made under section 17 of the Act, provides that the holder of a live-stock export license must comply with any relevant provisions of the Export Control (Animals) Order 2004 (Animals Order).
The Animals Order, made under regulation 3 of the Export Control (Orders) Regulations 1982, specifies the provisions for the export of live-stock. These provisions include the requirements for exporters to obtain the Secretary’s approval for an Exporter Supply Chain Assurance System (ESCAS) and comply with the approved ESCAS, except for breeder live-stock.
Section 7.04 of the Animals Order contains a transitional provision that allows the Secretary of the Department of Agriculture to declare that an ESCAS is not required for the export of declared live-stock to a declared country.
The Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Order 2008 (Egypt Order), made under section 17 of the Act, provides for the export of cattle to the Arab Republic of Egypt (Egypt), subject to the conditions in the Order being met.
Purpose
The purpose of the Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Repeal Order 2014 along with a notice made under section 7.04 of the Animals Order is to allow the export of all live-stock to Egypt subject to meeting the requirements of ESCAS.
Background
The Egypt Order was put in place to regulate live cattle exports to Egypt following the suspension of the trade by the Minister for Agriculture, Fisheries and Forestry in February 2006 after allegations of poor animal handling in Egypt. The Egypt Order prohibits the export of all live-stock to Egypt, unless the live-stock are cattle and the conditions in the Order are met. The conditions in the Order provide for the current closed loop system.
The closed loop system allowed for the export of cattle into secure feedlot and abattoir facilities in Egypt. It is governed by a Memorandum of Understanding on the Handling and Slaughter of Live-stock between the governments of Australia and Egypt which gave responsibility for safeguarding animal welfare on both governments. The closed loop system prevented animals from exiting the supply chain and, as such, guaranteed control and traceability of animals within the supply chain.
The ESCAS framework was developed to ensure internationally agreed animal welfare requirements are met. Under ESCAS, animal welfare concerns including handling and slaughter of animals is the responsibility of Australian exporters. The ESCAS framework does not currently apply to exports of live cattle to Egypt as a declaration was made under section 7.04 of the Animals Order excluding live cattle exports to Egypt because of the closed loop system.
Replacing the closed loop system with ESCAS will bring live-stock exports to Egypt under the same regulatory framework that applies to all other live-stock exports and would allow exports of live-stock to Egypt to recommence.
Impact and Effect
The Department of Agriculture considers that animal welfare outcomes achieved through the ESCAS framework are consistent with the World Organisation for Animal Health (OIE) guidelines for animal welfare[1] and comparable to the closed loop system for cattle currently provided by the Egypt Order.
There is no current trade in live-stock with Egypt. Sheep have not been exported since 2006 following an adverse animal welfare incident and cattle have not been exported since July 2012, when Egypt raised concerns relating to the use of hormone growth promotants.
Repealing the Egypt Order along with a making a notice under section 7.04 of the Animals Order will allow the export of all live-stock to Egypt subject to meeting the requirements of ESCAS.
Consultation
On 3 May 2013, the Australian Live-stock Exporters’ Council, National Farmer’s Federation and the Cattle Council of Australia publically supported introducing ESCAS requirements for exports of live-stock to Egypt. The department is aware of ongoing interest from Australian industry in recommencing the trade with Egypt.
The Office of the Best Practice Regulation has advised that this regulatory change is minor in nature and a Regulatory Impact Statement is not required (OPBR references: 16532 and 14809).
Details/Operation
Section 1 – Name of Order
This section provides that the name of this Order is the Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Repeal Order 2014.
Section 2 – Commencement
This section provides for this Order to commence on the day after registration on the Federal Register of Legislative Instruments.
Section 3 – Authority
This section provides that the Order is made under section 17 of the Australian Meat and Live‑stock Industry Act 1997.
Section 4 – Schedule(s)
This section provides for each instrument specified in a Schedule to the Order to be amended or repealed as specified in the Schedule concerned, and any other item in a Schedule to this Order to have effect according to its terms.
Schedule 1 – Repeal of the Australian Meat and Live‑stock Industry (Export of Live‑stock to Egypt) Order 2008
Item 1 repeals the Egypt Order.
[1] OIE Terrestrial Animal Health Code available at: http://www.oie.int/