Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Repeal Order 2014

Administered by Department of Agriculture

Legislation au F2014L00312 Not in force Legislative Instrument

Legislation content

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/

Overview

The Australian Meat and Livestock Industry (Export of Livestock to Egypt) Repeal Order 2014 was enacted by the Governor-General under section 17 of the Australian Meat and Livestock Industry Act 1997, aiming to repeal the Australian Meat and Livestock Industry (Export of Livestock to Egypt) Order 2008. This repeal was motivated by the shift from the closed loop system to the Exporter Supply Chain Assurance System (ESCAS), which ensures compliance with international animal welfare standards as per the World Organisation for Animal Health (OIE) guidelines. The order, along with a notice under section 7.04 of the Export Control (Animals) Order 2004, seeks to facilitate the resumption of livestock exports to Egypt by subjecting them to ESCAS requirements. The objective is to harmonise the regulatory framework for livestock exports to Egypt with that applied to other countries, thereby improving animal welfare and trade relations. The Department of Agriculture has consulted with relevant industry bodies, which have expressed support for this regulatory change.

Scope and Application

The Australian Meat and Live-stock Industry (Export of Live-stock to Egypt) Repeal Order 2014 operates under the legislative framework of the Australian Meat and Livestock Industry Act 1997. This Act applies to entities involved in the export of livestock from Australia, including exporters and livestock export businesses. The scope of the Act extends to the regulation of export licenses and the imposition of conditions on such licenses, ensuring compliance with animal welfare standards and other stipulated requirements. Geographically, the Act's jurisdiction is national, governing the export of livestock across state and territory boundaries. The Act is administered through subordinate instruments such as the Australian Meat and Livestock Industry (Export Licensing) Regulations 1998, which detail the conditions for export licenses, and the Australian Meat and Livestock Industry (Conditions on Livestock export licences) Order 2012, which mandates compliance with the Export Control (Animals) Order 2004. This repeal order aims to replace the previous closed loop system, which restricted exports to Egypt to cattle under specific conditions, with the Exporter Supply Chain Assurance System (ESCAS), thus allowing for the export of all livestock to Egypt subject to ESCAS compliance. This change aligns Egypt's livestock export regulations with those governing other destinations, facilitating trade resumption under improved animal welfare standards.

Key Provisions

The Australian Meat and Livestock Industry (Export of Livestock to Egypt) Repeal Order 2014 (the Repeal Order) was made under section 17 of the Australian Meat and Livestock Industry Act 1997 (the Act). The primary function of this Order is to repeal the Australian Meat and Livestock Industry (Export of Livestock to Egypt) Order 2008 (the Egypt Order), which previously regulated the export of livestock to Egypt. This repeal is intended to allow the export of all types of livestock to Egypt, subject to meeting the requirements of the Exporter Supply Chain Assurance System (ESCAS). The ESCAS is a framework designed to ensure that internationally agreed animal welfare standards are met, and it places the responsibility for animal welfare concerns, including handling and slaughter, on Australian exporters. The Repeal Order imposes specific obligations on entities involved in the export of livestock to Egypt. These entities must comply with the ESCAS, which includes obtaining approval from the Secretary of the Department of Agriculture for their ESCAS and adhering to the approved system. The Egypt Order previously allowed for the export of cattle under a closed loop system, which was governed by a Memorandum of Understanding (MOU) between the Australian and Egyptian governments. The MOU ensured that animal welfare was safeguarded by both governments, and it prevented animals from exiting the supply chain, thereby maintaining control and traceability. With the Repeal Order, the closed loop system will be replaced by ESCAS, aligning livestock exports to Egypt with the regulatory framework applicable to all other livestock exports. There are no specific offences, penalties, or civil/criminal consequences outlined in the Repeal Order itself. However, any breaches of the ESCAS requirements would be subject to the penalties provided under the Australian Meat and Livestock Industry (Conditions on Livestock Export Licences) Order 2012 and the Export Control (Animals) Order 2004. These regulations include provisions for non-compliance with export licensing conditions and could result in fines, imprisonment, or other penalties as stipulated in the relevant regulations. The Repeal Order, by aligning the export of livestock to Egypt with ESCAS, ensures that all exports will be subject to the same stringent animal welfare and compliance standards as other livestock exports.

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Animal Law
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Order
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Commencement Provisions
Regulatory Standards
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.