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Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East—Northern Summer) Order 2019

Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East—Northern Summer) Order 2019

Administered by Department of Agriculture

Legislation au F2019L01032 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Australian Meat and Live-stock Industry Act 1997

Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019

Legislative Authority

Paragraph 17(1)(a) of the Australian Meat and Live-stock Industry Act 1997 (the Act) provides that the Secretary may, by legislative instrument, make orders, not inconsistent with the regulations, to be complied with by holders of export licences. Paragraph 17(5)(a) of the Act provides that an export licence is subject to the condition that the holder of the licence must comply with orders made under section 17.

Purpose

The purpose of the Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019 (Amendment Order) is to amend the Australian Meat and Live-stock Industry (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019 (Prohibition Order) to:

extend the existing prohibition of the export of sheep by sea on all vessels which will travel to, or travel through waters in the Arabian Sea north of latitude 11˚N at any time during the voyage until 22 September.

All sheep exports to the Middle East will be permitted from 23 September 2019.

The Amendment Order also consequentially amends the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East) Order 2018 (Order) to update a note in the Order to reflect the amendments made in the Prohibition Order.

Background

The Prohibition Order was introduced as a response to the Independent Review of Conditions for the Export of Sheep to the Middle East during the Northern Hemisphere Summer by Dr Michael McCarthy. This review can be accessed free of charge at https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22media%2Fpressrel%2F5971715%22.

When the department implemented the prohibition on the export of sheep by sea to the Middle East from 1 June to 31 August 2019, via the Prohibition Order in April 2019, it indicated that it would be making a decision on conditions for September and October 2019 at a later date.

The rationale for the conditions implemented by the Amendment Order was derived from analysis of an international dataset of historical temperatures provided by the Bureau of Meteorology, findings from the Heat Stress Risk Assessment (HSRA) Review, industry research, voyage reports, independent observer reports and on board environmental and behavioural observations made during voyages in May 2019.

Impact and Effect

The Amendment Order amends the Prohibition Order to provide that the holder of a sheep export licence must not export a consignment of sheep from Australia by sea on a vessel if that vessel leaves an Australian port during the period from 1 June to 22 September 2019, and will travel to or through waters of the Arabian Sea north of latitude 11°N at any time during the voyage.

Consultation

From 12 to 22 July 2019, the Department of Agriculture consulted on proposed options for arrangements for live sheep exports during the months of September and October 2019. The public consultation process received 218 submissions from a range of stakeholders including sheep export licence holders, producers, peak industry bodies, research and development organisations and animal welfare advocates.

The Office of Best Practice Regulation was consulted and it was determined that a Regulation Impact Statement was not required (ID: 24480).

Details/Operation

Details of the Amendment Order are set out in Attachment A.

The Amendment Order is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

The Amendment Order is a legislative instrument for the purposes of the Legislation Act 2003.

ATTACHMENT A

Details of the Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019

Section 1 Name

Section 1 provides that the name of the instrument is the Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019 (Amendment Order).

Section 2 Commencement

Section 2 provides that the Amendment Order commences on the day after the instrument is registered on the Federal Register of Legislation.

Section 3 Authority

Section 3 provides that the authority for making the Amendment Order is section 17 of the Australian Meat and Live-stock Industry Act 1997.

Section 4 Schedules

Section 4 provides that each instrument that is specified in the Schedule to this Amendment Order is amended or repealed as set out in the applicable items in the Schedule concerned.

Schedule 1 – Amendments

Part 1 – Main amendments

Australian Meat and Live-stock Industry (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019

Item 1 – Section 5 (heading)

Item 1 repeals the heading of the section and substitutes a new heading, “Prohibition of export of sheep through certain waters in the Arabian Sea”.

Item 2 – Paragraph 5(1)(a)

Item 2 omits the reference to 31 August 2019 and substitutes it with 22 September 2019.

Part 2 – Consequential amendments

Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East) Order 2018

Item 3 – Subsection 6(3) (paragraph (a) of the note)

Item 3 omits the reference to 31 August 2019 and substitutes it with 22 September 2019.

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019.

This Legislative Instrument is 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.

Overview of the Legislative Instrument

extend the existing prohibition on the export of sheep by sea on all vessels which will travel to, or travel through waters in the Arabian Sea north of latitude 11˚N at any time during the voyage until 22 September 2019.

The Amendment Order also consequentially amends the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East) Order 2018 to update a note in the Order to reflect the amendments made.

Human rights implications

The Amendment Order does not engage any of the applicable rights or freedoms.

Conclusion

The Amendment Order is compatible with human rights as it does not raise any human rights issues.

Daryl Quinlivan

Secretary of the Department of Agriculture

Overview

The Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019 was introduced to address the welfare concerns associated with exporting sheep by sea to the Middle East during the northern summer months. Enacted under the legislative authority of the Australian Meat and Live-stock Industry Act 1997, the Order aims to extend the prohibition on sheep exports by sea through the Arabian Sea north of latitude 11°N until 22 September. This extension was prompted by the findings of the Heat Stress Risk Assessment Review and other analyses, which highlighted the risks to sheep welfare during high-temperature periods. The policy objective is to protect the welfare of sheep during export, ensuring that they are not exposed to conditions that could cause heat stress or other health issues. The Order also updates related legislation to reflect these amendments, ensuring consistency across the regulatory framework.

Scope and Application

The Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019 (Amendment Order) applies to holders of export licences under the Australian Meat and Live-stock Industry Act 1997, particularly those involved in the export of sheep by sea. This amendment extends the prohibition on the export of sheep by sea to the Middle East during the northern summer months, specifically prohibiting such exports on vessels that will travel to, or through waters in the Arabian Sea north of latitude 11˚N until 22 September 2019. The amendment serves to safeguard animal welfare by preventing sheep from being exposed to extreme heat conditions at sea, which can be detrimental to their health and well-being. The Amendment Order also makes consequential amendments to the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East) Order 2018 to reflect these changes. The Amendment Order is applicable on a national level and is enacted under the authority of the Australian Meat and Live-stock Industry Act 1997. The legislative instrument does not specify any exclusions or exemptions, and its scope is limited to the specified geographic and temporal parameters related to the prohibition of sheep exports by sea to the Middle East during the specified period.

Key Provisions

The Australian Meat and Live-stock Industry Legislation Amendment (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019 (Amendment Order) amends the Australian Meat and Live-stock Industry (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2019 to extend the prohibition on the export of sheep by sea on all vessels which will travel to, or travel through waters in the Arabian Sea north of latitude 11°N at any time during the voyage until 22 September 2019 (Schedule 1, Part 1, Item 2). The Amendment Order also consequentially amends the Australian Meat and Live-stock Industry (Export of Sheep by Sea to Middle East) Order 2018 to update a note in the Order to reflect the amendments made (Schedule 1, Part 2, Item 3). The Amendment Order imposes obligations on holders of sheep export licences to comply with the extended prohibition on exporting sheep by sea to the Middle East during certain periods of the year. Specifically, the holders must not export a consignment of sheep from Australia by sea on a vessel if that vessel will travel to, or through waters in the Arabian Sea north of latitude 11°N at any time during the voyage (Schedule 1, Part 1, Item 2). This obligation extends the prohibition period from 31 August 2019 to 22 September 2019, thus affecting the timing and conditions under which sheep can be exported by sea to the Middle East (Schedule 1, Part 1, Item 2). Failure to comply with the provisions of the Amendment Order may result in civil or criminal penalties. Although the specific penalties are not detailed within the Amendment Order itself, the Australian Meat and Live-stock Industry Act 1997 provides for significant penalties for breaches of orders made under section 17 of the Act, including fines up to $22,200 for individuals and $111,000 for corporations, as well as potential imprisonment for serious breaches. These penalties underscore the importance of adhering to the conditions set forth in the Amendment Order to avoid legal repercussions.

Area of Law: Animal Law; Environmental Law
Instrument: Order
Concepts: Regulatory Standards; Enforcement Powers; Prohibited Conduct

Interactions

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.

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