EXPLANATORY STATEMENT
Issued by the authority of the Secretary of the Department of Agriculture, Fisheries and Forestry
Australian Meat and Live-stock Industry Act 1997
Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia Repeal) Order 2012
Subsection 17 (1) of the Australian Meat and Live-stock Industry Act 1997 (the Act) provides that the Secretary of the Department of Agriculture, Fisheries and Forestry (the Secretary) may make written orders, not inconsistent with regulations made under the Act, to be complied with by holders of export licences.
In June 2011, trade in livestock to the Republic of Indonesia was suspended in response to animal welfare concerns. On 7 July 2011, trade in livestock to the Republic of Indonesia resumed under the Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No.2) (the 2011 Order), made under subsection 17 (1) of the Act. The 2011 Order allowed trade to resume where live-stock export licence holders could provide assurance that animal welfare outcomes would be met during transport, handling, slaughter and related operations.
The Australian Meat and Live-stock Industry (Export of Live-Stock to the Republic of Indonesia Repeal) Order 2012 (the 2012 Order) is made under subsection 17 (1) of the Act.
Purpose
The purpose of the 2012 Order is to repeal the 2011 Order as animal welfare issues relating to the export of live-stock to the Republic of Indonesia will now be regulated under the Export Control (Animals) Order 2004 (the Animals Order), as amended by the Export Control (Animals) Amendment Order 2012 (No. 1) commencing on 1 March 2012. A complimentary order, the Australian Meat and Live-stock Industry (Conditions on Live-stock Export Licences) Order 2012 is to commence on 1 March 2012 and is intended to make compliance with the Animals Order a condition of an export licence under the Act.
Consultation
In developing the regulatory framework comprised in this Order, the Australian Government consulted with a range of stakeholders including the domestic livestock industry, the livestock export industry, state and territory governments, Australia’s trading partners, animal welfare organisations and the Australian Veterinary Association.
A Regulation Impact Statement (‘Livestock Exports – Regulatory Framework for Animals Welfare Assurance’, reference number 12978) has been approved by the Office of Best Practice Regulation.
The Amendment Order is a legislative instrument for the purposes of the Legislative Instrument Act 2003.
Human rights compatibility statement
The amendments in the Amendment Order are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The amendments are with respect to livestock exports and do not engage any human rights issues.
Details of the Amendment Order are set out below:
Section 1 — Name of Order
This section provides that the Order is the Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia Repeal) Order 2012.
Section 2 — Commencement
This section provides that the 2012 Order commences on 1 March 2012.
Section 3 — Repeal
This section repeals the Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No.2).