Australian Meat and Live-stock Industry (Export of Pregnant Cattle) Order 2002

Administered by Department of Agriculture

Legislation au F2003B00008 Not in force Legislative Instrument

Legislation content

Australian Meat and Live-stock Industry (Export of Pregnant Cattle) Order 2002

I, ANN McDONALD, delegate of the Secretary to the Department of Agriculture, Fisheries and Forestry, make this Order under section 17 of the Australian Meat and Live-stock Industry Act 1997.

Dated 29 November 2002

ANN McDONALD

General Manager, Market Maintenance Group

Australian Quarantine and Inspection Service

Department of Agriculture, Fisheries and Forestry

Contents

 1 Name of Order 

 2 Commencement 

 3 Object 

 4 Definitions 

 5 Control of export of pregnant cattle 

 6 Export to the Middle East 

 7 Requirements for export 

 8 Review of decisions 

 

 

 

1 Name of Order

  This Order is the Australian Meat and Live-stock Industry (Export of Pregnant Cattle) Order 2002.

2 Commencement

  This Order commences on gazettal.

3 Object

  The object of this Order is to enable a commercial live export trade in pregnant cattle.

4 Definitions

  In this Order:

AQIS means the Australian Quarantine and Inspection Service.

bos indicus means a zebu or humped cattle breed.

Examples

Brahman, Droughtmaster and Santa Gertrudis.

bos taurus means a non-humped cattle breed.

Examples

Angus, Charolais, Friesian, Hereford, Jersey, Limousin, Murray Grey and Simmental.

cattle means live cattle.

cow means a female bovine animal that:

 (a) is 3 or more years of age; or

 (b) has produced a calf.

dairy cattle scale means the body condition scoring chart published in the Journal of Dairy Science, volume 72, 1989, pages 68 to 78.

exporter means a person who exports Australian cattle.

heifer means a female bovine animal that:

 (a) is less than 3 years of age; and

 (b) has not yet produced a calf.

LEAP means the document called ‘Live-stock Export Accreditation Program’, published in March 2001 by the Australian Livestock Export Corporation Ltd.

Note   Copies of LEAP are available from LiveCorp at 23 Hunter Street, Sydney NSW 2000, telephone (02) 9223 7655.

National Cattle Pregnancy Diagnosis Scheme means the scheme of that name administered by the Australian Association of Cattle Veterinarians.

5 Control of export of pregnant cattle

 (1) An exporter may export pregnant cattle only if:

 (a) the cattle are no more than 6 months pregnant at the time of shipment; and

 (b) the requirements in section 7 have been met.

 (2) An exporter must not, without the written consent of the Secretary, export a pregnant cow or pregnant heifer during May, June, July, August, September or October if the cow or heifer:

 (a) was bred in an area of Australia south of 26 south latitude; and

 (b) has a live weight greater than 500 kilograms at the time of shipment.

 (3) An exporter must not, without the written consent of the Secretary, export a pregnant cow or pregnant heifer during November, December, January, February, March or April if the cow or heifer:

 (a) was bred in an area of Australia south of 26 south latitude; and

 (b) has a live weight greater than 550 kilograms at the time of shipment.

6 Export to the Middle East

 (1) This section applies to the export of pregnant cattle:

 (a) to a port in any of the following places:

 (i) Bahrain;

 (ii) Egypt;

 (iii) Israel;

 (iv) Jordan;

 (v) Kuwait;

 (vi) Oman;

 (vii) Palestine;

 (viii) Qatar;

 (ix) Saudi Arabia;

 (x) the United Arab Emirates; and

 (b) during May, June, July, August, September or October.

 (2) An exporter must not export pregnant cattle if the cattle:

 (a) are of a bos taurus breed; and

 (b) were bred in an area of Australia south of 26 south latitude.

7 Requirements for export

 (1) An exporter who intends to export pregnant cattle must:

 (a) lodge a notice of intention to export under order 6 of the Export Control (Animals) Orders as amended; and

 (b) at the same time the notice of intention to export is lodged, submit a management plan for the export of the cattle, in the approved form, to AQIS.

Note 1   Under order 6 of the Export Control (Animals) Orders as amended, a notice of intention to export must be lodged:

(a) if isolation is not required, not less than 7 clear working days prior to the intended date of export; and

(b) if isolation is required, not less than 7 clear working days prior to the commencement of the isolation period.

Note 2   The approved form of management plan is available from LiveCorp.

 (2) The exporter must ensure that the pregnant cattle to be exported:

 (a) are individually identified; and

 (b) have a body score no lower than 3 and no higher than 6 on the dairy cattle scale; and

 (c) have been declared to be no more than 6 months pregnant at the time of shipment; and

 (d) when on board the ship, are kept in accordance with subsection (4).

 (3) For paragraph (2) (c), a declaration must be made in writing by a veterinarian who is:

 (a) a member of the Australian Association of Cattle Veterinarians and an accredited tester under the National Cattle Pregnancy Diagnosis Scheme; or

 (b) able to demonstrate a level of experience and skill equivalent to that of a veterinarian mentioned in paragraph (a).

 (4) For paragraph (2) (d), pregnant cattle must be kept:

 (a) with cattle that have a live weight range that does not exceed the average live weight of all the cattle in the pen plus or minus 25 kilograms; and

 (b) in pens that, except for hospital pens, have an average floor area for each head of cattle of at least:

 (i) for pregnant heifers of a bos taurus breed — the minimum area required for cattle under Table 2 of the Australian live-stock export standard set out in LEAP; and

 (ii) for pregnant heifers of a bos indicus breed — the minimum area required for cattle under Table 1 of the Australian live-stock export standard set out in LEAP; and

 (iii) for pregnant cows of a bos taurus breed — an area 5% larger than the minimum area required for cattle under Table 2 of the Australian live-stock export standard set out in LEAP; and

 (iv) for pregnant cows of a bos indicus breed — an area 5% larger than the minimum area required for cattle under Table 1 of the Australian livestock export standard set out in LEAP.              

8 Review of decisions

 (1) If the Secretary refuses to consent to the export of pregnant cattle mentioned in subsections 5 (2) and (3), the exporter who sought the consent may ask the Secretary to reconsider the decision.

 (2) A request for reconsideration must:

 (a) be in writing; and

 (b) set out the reasons why the Secretary should reconsider the decision; and

 (c) be given to the Secretary within 14 days after the exporter is told in writing of the decision.

 (3) After reconsidering a decision, the Secretary must either:

 (a) confirm the original decision; or

 (b) substitute another decision for it.

 (4) If the Secretary does not tell the exporter in writing of the result of the reconsideration within 21 days after receiving the request, the Secretary is taken to have confirmed the original decision.

 (5) The exporter may apply to the Administrative Appeals Tribunal for review of the Secretary’s decision on reconsideration.

 

Overview

The Australian Meat and Livestock Industry (Export of Pregnant Cattle) Order 2002 was enacted to address the need for regulating the commercial live export trade of pregnant cattle in Australia, particularly in response to concerns over animal welfare and specific trade restrictions. This legislative instrument was made by Ann McDonald, acting as a delegate of the Secretary to the Department of Agriculture, Fisheries and Forestry, under section 17 of the Australian Meat and Livestock Industry Act 1997. The primary objective of the Order is to facilitate a commercial live export trade in pregnant cattle while ensuring stringent conditions are met to protect animal welfare and comply with international trade requirements. The Order sets out specific conditions for the export of pregnant cattle, including restrictions based on breed, weight, and pregnancy stage, and outlines requirements for exporters to ensure the welfare of cattle during transit.

Scope and Application

The Australian Meat and Livestock Industry (Export of Pregnant Cattle) Order 2002 applies to individuals and entities engaged in the export of pregnant cattle from Australia. It mandates specific conditions and restrictions for such exports to ensure animal welfare and the maintenance of a viable live export trade. The Order applies nationally, as it is made under the Australian Meat and Livestock Industry Act 1997, which has Commonwealth jurisdiction. The Order delineates that an exporter may only export pregnant cattle if they are no more than six months pregnant and comply with the specified requirements, such as submitting a management plan to the Australian Quarantine and Inspection Service (AQIS). The Order also restricts the export of pregnant cattle bred in certain regions of Australia during specific months based on their breed and weight. Furthermore, it prohibits the export of certain pregnant cattle to Middle Eastern countries during specific months if they are of a bos taurus breed and were bred in areas south of 26° south latitude. The Order's provisions can be extended or modified through subordinate instruments, which may include further details on the management plan or other requirements for compliance.

Key Provisions

The Australian Meat and Livestock Industry (Export of Pregnant Cattle) Order 2002 primarily governs the export of pregnant cattle, specifying permissible conditions and requirements. Under section 5, an exporter can only export pregnant cattle if they are no more than six months pregnant at the time of shipment and all conditions outlined in section 7 are met. It is also prohibited to export pregnant cows or heifers during certain months if they were bred in certain areas and exceed specific weight limits, as detailed in subsections 5(2) and 5(3). Section 6 imposes additional restrictions on the export of pregnant cattle to specific Middle Eastern countries during certain months, particularly prohibiting the export of bos taurus breed cattle bred in areas south of 26° south latitude. To comply with these provisions, exporters must adhere to several obligations. Firstly, they must lodge a notice of intention to export with the relevant authorities and submit a management plan for the export of pregnant cattle to the Australian Quarantine and Inspection Service (AQIS) in the approved form, as stipulated in section 7(1). The pregnant cattle must be individually identified and have a body score between 3 and 6 on the dairy cattle scale, as outlined in section 7(2)(a) and (b). A veterinarian must declare the cattle to be no more than six months pregnant, and they must be kept in accordance with specific conditions on the ship, as detailed in section 7(2)(c) and (d). Breaching these provisions can result in various penalties and consequences. Although the Order does not explicitly state penalties, violations of the Australian Meat and Livestock Industry Act 1997 or related regulations can lead to fines or other enforcement actions by the relevant authorities. For example, exporting cattle without the required consent or in violation of the stipulated conditions can be considered unlawful and may result in penalties under the primary Act or associated regulations. Furthermore, any exporter who does not comply with the requirements for export, such as failing to submit a proper management plan or identification of cattle, can be subject to enforcement actions, which may include financial penalties or other administrative measures.

Legal classification tags

Area of Law
Animal Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Control of export of pregnant cattle
Requirements for export

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