Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of Korea) Order 2002

Overview

The Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of Korea) Order 2002 was enacted under section 17 of the Australian Meat and Livestock Industry Act 1997. This legislation was introduced to address the need for a regulated basis to enable a commercial live cattle export trade between Australia and the Republic of Korea, ensuring that such exports meet specified standards and requirements. The Order was made by the relevant authorities under the authority granted by the Australian Parliament and aims to facilitate a trade relationship that is mutually beneficial while maintaining high standards of animal welfare and disease control. The overarching policy objective is to establish a structured and compliant export process for live Australian cattle to Korea, safeguarding both the industry and public health interests.

Scope and Application

The Australian Meat and Livestock Industry (Live Cattle Exports to Republic of Korea) Order 2002 applies to persons and entities involved in the export of live Australian cattle to the Republic of Korea. Specifically, it governs exporters who are responsible for ensuring compliance with the outlined regulations before exporting live cattle. The Order regulates the export process by setting specific requirements and conditions, such as the need for written consent from the Secretary before exporting, ensuring that only steers are included in the consignment, and that any previous consignment has been successfully released from quarantine in Korea. Additionally, the Order mandates that cattle must be individually identified using radio frequency identification and that exporters must provide certain documents to the Australian Quarantine and Inspection Service (AQIS) at least 14 days before the expected date of export. This Order operates under the Commonwealth jurisdiction and has been subject to amendments through the Australian Meat and Livestock Industry Amendment and Repeal Order 2004, which introduced transitional provisions for exports initiated before the amendments came into effect.

Key Provisions

The Australian Meat and Livestock Industry (Live Cattle Exports to Republic of Korea) Order 2002, made under section 17 of the Australian Meat and Livestock Industry Act 1997, provides a framework for the regulated export of live Australian cattle to the Republic of Korea. The primary operative sections of this Order include the definition of terms (section 4), the control of exports (section 5), and the requirements before export (section 6). Section 4 defines key terms such as "AQIS" (Australian Quarantine and Inspection Service), "exporter", and "Korea", among others. Section 5 mandates that an exporter must not export live Australian cattle to Korea without written consent from the Secretary, unless the consignment includes only steers and any previous consignment has been released from quarantine in Korea. Section 6 outlines the requirements an exporter must meet before exporting cattle, such as ensuring individual identification of cattle using radio frequency identification and providing certain documents to AQIS at least 14 days before the expected date of export. The obligations and requirements imposed by the Order on the parties it governs are stringent and multifaceted. Exporters must ensure that their consignments adhere to the specified criteria, such as including only steers and obtaining prior consent from the Secretary. They must also comply with the identification requirements and submit necessary documentation to AQIS well in advance of the export. Furthermore, the exporter must ensure that the cattle are individually identified using radio frequency identification, and they must provide documentation confirming the availability of quarantine space and the importer's readiness to receive the cattle, including access to fodder and suitable land transport arrangements. Any breaches of this Order may result in significant penalties or consequences. Although the Order itself does not explicitly state the penalties for non-compliance, it operates under the broader framework of the Australian Meat and Livestock Industry Act 1997, which may impose administrative, civil, or criminal penalties. For instance, under the Act, breaches could result in fines or other sanctions as deemed appropriate by the relevant authorities. The precise nature and extent of these penalties would depend on the specific circumstances of the breach and the discretion of the enforcing body.