Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No. 2)

Administered by Department of Agriculture

Legislation au F2011L01430 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No. 2)

made under section 17 of the Australian Meat and Live-stock Industry Act 1997

Issued by the authority of the

Secretary of the Department of Agriculture, Fisheries and Forestry

Authority for making the Order

The Australian Meat and Live-stock Industry (Export of Live-Stock to the Republic of Indonesia) Order 2011 (No. 2) (the Order) is made under section 17 of the Australian Meat and Live-stock Industry Act 1997 (the Act). That section authorises the Secretary of the Department of Agriculture, Fisheries and Forestry (the Secretary) to make orders to be complied with by the holders of export licences under the Act.

Purpose of the Order

The purpose of the Order is to repeal the Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 and the Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011, to allow a resumption of trade in exports of live-stock to the Republic of Indonesia.

The Order will allow regulated trade to resume where the live-stock export licence holder can provide assurance that relevant recommendations and standards set out in Chapter 7 of the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal health (OIE recommendations) will be met during transport, handling, slaughter and related operations. This will complement the domestic regulation of live-stock, including the Australian Standards for the Export of Livestock (Version 2.3) April 2011 which require certain standards to be met up to the point of unloading overseas. This aims to ensure that the management of animal welfare along the entire supply chain from domestic sourcing of live-stock to the point of slaughter meets acceptable standards.

Documents incorporated in the Order by reference

The definitions of live-stock and live-stock export licence under the Act are incorporated into the Order. Chapter 7 of the Terrestrial Animal Health Code (2010) published by the World Organisation for Animal Health is also incorporated into the Order under the definition of 'OIE recommendations'.

Consultation

The framework for allowing the resumption of export trade in live-stock to the Republic of Indonesia has been the subject of consultation with industry through an Industry-Government Working Group.

Details

Section 1 — Name of the Order

The name of the Order is the Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No. 2).

Section 2 — Commencement

The Order commences on the day after it is registered.

Section 3 — Repeal

This section repeals both the Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 made on 7 June 2011 and the Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011 made on 2 June 2011.

Section 4 — Definitions

This section provides that live-stock and live-stock export licence have the same meanings as in the Act. This section also defines OIE recommendations. The note to the section gives the internet address for the Terrestrial Animal Health Code (2010) in which the OIE recommendations are set out in chapter 7.

Section 5 — Export of live-stock to the Republic of Indonesia subject to approval

The purpose of this section is to prevent the holder of a live-stock export licence from exporting live-stock to the Republic of Indonesia unless the licence holder has first obtained the approval of the Secretary to that export.. Section 6 of the Order confers a discretion on the Secretary to grant an approval. The approval is not required in relation to live-stock exported for the purposes of breeding.  However, other requirements in respect of breeder stock may need to be met such as under the Act or under the Export Control Act 1982.

Section 6 — Approvals where consignments comply with acceptable standards

This section confers a discretion on the Secretary whereby the Secretary may grant approval to the holder of a live-stock export licence for the export of certain live-stock to the Republic of Indonesia, provided that the Secretary is satisfied that relevant OIE recommendations will be met with respect to the transport, handling, slaughter and related operations.

Subsection 6(3) provides that, in addition to the other matters the Secretary may have regard to, the Secretary may have regard to the live-stock export licence holder’s record in compliance with approval conditions when deciding whether to grant approval.

Subsection 6(4) provides that the Secretary may grant an approval subject to conditions. These conditions may relate to the transport, handling and slaughter of live-stock and related operations, and independent auditing thereof; the identification and reconciliation of live-stock, and independent auditing thereof; access to premises; and any other matters the Secretary considers appropriate.

In granting an approval, conditions may be specified which bear on the Secretary's satisfaction that OIE recommendations will be met. Conditions may be directed to achieving the outcomes that particular live-stock will follow a predetermined path through the supply chain, that facilities relating to transport, handling and slaughter achieve OIE recommendations, and that there is reporting and collection of appropriate records to verify the integrity of the supply chain.

Conditions may relate to:

  1. the live-stock export licence holder’s degree of control over transport and handling operations and standards throughout the supply chain through to, and including, slaughter
  2. the ability to identify, track, reconcile and report on the movement of live-stock throughout this supply chain
  3. the ability for the live-stock export licence holder to provide access to premises in the Republic of Indonesia for the purposes of verifying claims made in relation to the conditions of the licence granted pursuant to section 6 of the Order
  4. the independent auditing of (1) and (2) above
  5. any other matter the Secretary considers appropriate relating to the meeting of OIE recommendations.

Subsection 6(5) provides that the Secretary may revoke an approval given under subsection 6(1) of the Order. The circumstances in which the Secretary may revoke an approval include where the Secretary considers that the transport, handling, slaughter and related operations of the consignment are not being conducted according to OIE recommendations; or where the holder of the live-stock export licence has not complied with any condition in the approval or in a previous approval.

Section 7 — Provision of information, declarations and documents

This section provides that the Secretary may require the holder of a live-stock export licence to provide information, documents or declarations to the Secretary. This may be done for the purposes of assessing an approval, granting an approval, developing appropriate conditions for approval or assessing compliance with the conditions of an approval.

Overview

The Australian Meat and Live-stock Industry (Export of Live-Stock to the Republic of Indonesia) Order 2011 (No. 2) was enacted under section 17 of the Australian Meat and Live-stock Industry Act 1997. This Order was introduced to facilitate the resumption of the live-stock export trade to Indonesia by establishing conditions under which exports can occur, ensuring compliance with international animal welfare standards. The objective of this Order is to provide a regulatory framework that allows for the safe and humane export of live-stock, aligning with the recommendations of the World Organisation for Animal Health (OIE). It was issued by the authority of the Secretary of the Department of Agriculture, Fisheries and Forestry and aims to ensure that live-stock exported to Indonesia are managed in a manner that meets acceptable animal welfare standards throughout the supply chain. The Order revokes previous Orders to streamline the regulatory framework and ensures that exports to Indonesia comply with the OIE recommendations and other relevant standards. It allows for the approval of exports subject to conditions that must be met by the licence holders, thereby ensuring the integrity and welfare of the live-stock during transport, handling, and slaughter.

Scope and Application

The Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No. 2) applies to holders of export licences under the Australian Meat and Live-stock Industry Act 1997, specifically concerning the export of live-stock to the Republic of Indonesia. The Order is issued by the Secretary of the Department of Agriculture, Fisheries and Forestry, and its jurisdictional reach is nationwide. The Order seeks to resume trade by ensuring that the export licence holders meet the World Organisation for Animal Health's (OIE) recommendations and the Australian Standards for the Export of Livestock, focusing on animal welfare and supply chain integrity from domestic sourcing to overseas slaughter. The Order incorporates relevant definitions from the Act and the OIE's Terrestrial Animal Health Code by reference. Importantly, the Order mandates that any export of live-stock to Indonesia requires the Secretary's approval, which may be granted subject to conditions ensuring compliance with OIE standards and other specified requirements. Additionally, the Secretary has the discretion to revoke an approval if the conditions are not met or if the operations do not align with the OIE recommendations. The Order also allows for the requirement of information, declarations, and documents from licence holders to facilitate compliance assessments and approvals.

Key Provisions

The Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia) Order 2011 (No. 2) (the Order) is crafted to facilitate the resumption of live-stock exports to Indonesia, in compliance with stringent animal welfare and health standards. Section 1 identifies the Order as the Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia) Order 2011 (No. 2). It commences on the day following its registration as indicated in Section 2. This Order repeals the Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia) Order 2011 and the Australian Meat and Livestock Industry (Protection of Animal Welfare) Order 2011, both of which were previously in effect (Section 3). Definitions critical to the Order, such as 'livestock' and 'livestock export licence', are incorporated from the Australian Meat and Livestock Industry Act 1997 (Section 4). Furthermore, Section 5 stipulates that exporting livestock to Indonesia is contingent upon the Secretary's approval, except for livestock exported for breeding purposes. The Order imposes several obligations on the parties involved. The primary requirement is that any holder of a livestock export licence must obtain the Secretary’s approval before exporting livestock to Indonesia (Section 5). This approval is contingent upon the licence holder demonstrating compliance with the World Organisation for Animal Health (OIE) recommendations regarding the transport, handling, slaughter, and related operations (Section 6). The Secretary has the discretion to impose specific conditions on the approval, which may include requirements for independent auditing, identification and reconciliation of livestock, and access to premises in Indonesia for verification purposes (Section 6(4)). Licence holders are also required to provide necessary information, declarations, and documents to the Secretary for the purposes of assessing approvals, granting approvals, developing conditions, and ensuring compliance (Section 7). Failure to comply with the provisions of the Order can result in severe consequences. The Secretary has the authority to revoke an approval if the transport, handling, slaughter, and related operations of the consignment are not in accordance with OIE recommendations, or if the licence holder fails to comply with any conditions of the approval (Section 6(5)). While the Order does not explicitly state penalties for non-compliance, breaches of the Australian Meat and Livestock Industry Act 1997 or associated regulations could result in substantial fines and imprisonment. These penalties vary depending on the severity of the breach but can include fines of up to $66,000 for individuals and $330,000 for bodies corporate, alongside potential imprisonment terms. Additionally, civil consequences may include the suspension or revocation of export licences, further impacting the ability to conduct business in the livestock export sector.

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Area of Law
Animal Law
Environmental Law
Instrument
Order
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Enforcement Powers
Licensing & Registration

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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.