Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011

Overview

The Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 was enacted to address concerns about the welfare of live-stock exported to the Republic of Indonesia, specifically regarding the conditions under which these animals are slaughtered. This Order was made under section 17 of the Australian Meat and Live-stock Industry Act 1997 by the Secretary of the Department of Agriculture, Fisheries and Forestry. Its policy objective is to facilitate the development of a robust regulatory and compliance regime by temporarily suspending the export of live-stock to Indonesia for six months, allowing the Australian Government to implement necessary measures to ensure the humane treatment of animals during their export and slaughter. Complementing the Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011, this Order makes it a condition of any live-stock export licence that the licence holder must not export live-stock to Indonesia, except for breeding purposes.

Scope and Application

The Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 applies to holders of export licences under the Australian Meat and Live-stock Industry Act 1997. This encompasses any person or entity involved in the export of live-stock, including but not limited to farmers, live-stock agents, and transport companies within the Australian meat and livestock industry. The Order's jurisdictional reach is national, affecting all relevant parties across Australia. It is designed to suspend the export of live-stock to the Republic of Indonesia for a duration of six months from the date of commencement to allow the Australian Government to establish a more stringent regulatory and compliance framework. However, this prohibition does not extend to live-stock exported for breeding purposes. The Order complements the Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011, and together they ensure that the export of live-stock to Indonesia is temporarily halted while new measures are being developed.

Key Provisions

The main operative sections of the Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia) Order 2011 (the Order) include Section 4, which prohibits the export of livestock to the Republic of Indonesia for a period of six months from the date of the Order’s commencement. This prohibition is specifically outlined in Section 4(1) and clarifies in Section 4(2) that this does not apply to livestock exported for breeding purposes. Section 3 of the Order incorporates the definitions of "livestock" and "livestock export licence" as provided in the Australian Meat and Livestock Industry Act 1997 (the Act). The Order imposes several obligations on the holders of livestock export licences under the Act. According to Section 4, licence holders must refrain from exporting livestock to the Republic of Indonesia during the specified six-month period. This requirement is designed to give the Australian Government the necessary time to establish a robust regulatory and compliance framework in response to concerns about the treatment and slaughter of livestock in Indonesia. The obligation extends to ensuring that any exports made during this period do not contravene the conditions set out in the Order. In terms of offences and penalties, the Order does not explicitly state penalties for non-compliance. However, it is implied that breaches of the Order would be subject to the general enforcement mechanisms provided under the Act. Typically, violations of conditions specified in export licences under the Act can lead to revocation or suspension of the licence, fines, or other civil and criminal penalties. The specific penalties would be determined in accordance with the provisions of the Act and any applicable regulations or subsidiary legislation. The maximum penalties for breaches of export licence conditions can include substantial fines and imprisonment, depending on the severity of the breach and any previous convictions.