Australian Meat and Live-stock Industry (Export of Live-stock to Saudi Arabia) Order 2005

Overview

The Australian Meat and Livestock Industry (Export of Livestock to Saudi Arabia) Order 2005 was enacted in response to the need to re-establish the export of live livestock to Saudi Arabia, which had been suspended in 2003. The Order was introduced under the authority granted by Subsection 74(1) of the Australian Meat and Livestock Act 1997, enabling the Governor General to make regulations necessary for the implementation of the Act. Additionally, Paragraph 17(1)(a) and 17(5)(a) of the Act empower the Secretary to issue orders for export licence holders, subject to compliance with these regulatory measures. The primary objective of the Order is to re-impose specific conditions and restrictions on the export of sheep, goats, and cattle to Saudi Arabia, conditions that were previously outlined in the Australian Meat and Livestock Industry (Live Sheep and Goats Exports to Saudi Arabia) Order 2002. The Order revokes the Australian Meat and Livestock Industry (Export of Livestock to Saudi Arabia) Order 2003 and re-establishes the trade, with the Australian Quarantine and Inspection Service having consulted with industry stakeholders prior to its announcement. The Order includes detailed provisions regarding the qualifications of vaccinators, vaccination and identification of livestock, shipping requirements, and specific limitations on the number and type of goats that can be exported.

Scope and Application

The Australian Meat and Livestock Industry (Export of Livestock to Saudi Arabia) Order 2005 applies to entities or individuals engaged in the export of sheep, goats, or cattle to Saudi Arabia, specifically those who hold export licenses under the Australian Meat and Livestock Industry Act 1997. The Act and the subsequent Order are primarily concerned with regulating the export trade of livestock to ensure compliance with animal health and welfare standards. This Order is a Commonwealth regulation, meaning its application extends across the entirety of Australia. The Order is instrumental in reinstating the trade of live livestock to Saudi Arabia, which was previously suspended, by re-imposing specific conditions and restrictions on such exports, as previously outlined in the Australian Meat and Livestock Industry (Live Sheep and Goats Exports to Saudi Arabia) Order 2002. The Order revokes the 2003 Order that had banned the export of livestock to Saudi Arabia, thereby allowing the trade to resume under the specified conditions. The new Order includes provisions that ensure the health and welfare of the livestock during transportation, detailed vaccination and identification requirements, and specific shipping stipulations to maintain compliance with international standards. The new Order is comprehensive in its application, covering all aspects of the export process from pre-export preparations to the actual shipping of livestock. It sets out detailed requirements for the assessment, vaccination, tagging, and record-keeping for sheep and goats, along with specific treatments for goats and limitations on the number of goats per consignment. Additionally, it mandates specific shipping conditions to ensure the livestock's health and welfare during transit. The Order also grants the Secretary of the Department of Agriculture, Fisheries and Forestry the authority to exempt certain provisions from applying to particular consignments, providing some flexibility in enforcement. The Order operates under the overarching authority of the Australian Meat and Livestock Industry Act 1997 and any inconsistencies with other legislative instruments are resolved in favour of the Order's conditions and restrictions.

Key Provisions

The Australian Meat and Livestock Industry (Export of Livestock to Saudi Arabia) Order 2005 (the "new Order") revokes the 2003 Order which had prohibited the export of livestock to Saudi Arabia. Instead, it reintroduces conditions and restrictions on the export of sheep, goats, or cattle to Saudi Arabia, which mirror the conditions and restrictions previously imposed by the 2002 Order (Order 3). The new Order applies to exports of these animals to Saudi Arabia and is subject to the general provisions of the Australian Meat and Livestock Act 1997 (the "Act") (Order 1, 2). It defines key terms such as "trained vaccinator," "AQIS," and "Saudi Arabia" to ensure clarity and consistency in its application (Order 4). Under the new Order, the export of sheep, goats, or cattle to Saudi Arabia is only permitted if the specific conditions and restrictions are adhered to (Order 5). Exporters must ensure that trained vaccinators assess the animals' age, administer a second scabby mouth vaccination, identify the animals with numbered and coded ear tags, and compile detailed records (Order 6). For goats, additional requirements include treatment for internal parasites, a limit on the number of goats per assignment, prohibition of female goats unless approved, exclusion of feral goats, and a minimum weight requirement (Order 7). Shipping requirements include provisions for feed during sea voyages, penning arrangements, health certificate endorsements, and direct sailing to Jeddah (Order 8). The Secretary has the discretion to exempt certain provisions of the new Order for specific consignments, providing flexibility in its application (Order 9). Failure to comply with the conditions and restrictions set forth in the new Order may result in significant legal and financial consequences. The Act allows for the imposition of civil and criminal penalties for non-compliance, including fines and imprisonment, depending on the severity of the breach (Sections 74, 17 of the Act). The maximum penalties can be substantial, reflecting the importance of adhering to the prescribed conditions for the health and welfare of the animals, as well as the integrity of the export trade.