Australian Meat and Live-stock Industry (Live Sheep and Goat Exports to Saudi Arabia) Order 2002

Overview

The Australian Meat and Live-stock Industry (Live Sheep and Goat Exports to Saudi Arabia) Order 2002 was made under section 17 of the Australian Meat and Live-stock Industry Act 1997. The purpose of this legislative instrument is to facilitate a regulated commercial live sheep and goat export trade with Saudi Arabia, addressing a specific gap in the legal framework governing such exports. The Order was enacted to streamline and regulate the process of exporting live sheep and goats to Saudi Arabia, ensuring that it is done in a manner compliant with both Australian and Saudi standards. The enactment body for this Order is the Australian Parliament, with the Order providing clear guidelines and requirements for exporters, including the need for a livestock export licence, adherence to specific export standards, and compliance with the Saudi Livestock Export Program Industry Standards. The overarching policy objective is to maintain the integrity and sustainability of the live sheep and goat export trade while ensuring the welfare of the animals and the satisfaction of the importing country.

Scope and Application

The Australian Meat and Livestock Industry (Live Sheep and Goat Exports to Saudi Arabia) Order 2002 applies to any person or entity involved in the export of live Australian sheep or goats to Saudi Arabia, specifically requiring them to hold a livestock export licence under the Australian Meat and Livestock Industry Act 1997 and to either be accredited by the Australian Livestock Export Corporation Ltd (LiveCorp) or obtain written approval from LiveCorp. The Order regulates the entire process from the notification of export intentions to the compliance with specified standards and issuance of necessary certificates. It applies on a national level, as it is an Order under Commonwealth legislation, thereby extending its reach across all states and territories of Australia. The Order excludes any exports not complying with its stipulations, including those not adhering to the Saudi Livestock Export Program Industry Standards and the Australian Livestock Export Standards. The Order may extend or restrict its application through subordinate instruments, such as additional regulations or amendments that may be introduced to refine the export process or address unforeseen issues.

Key Provisions

The Australian Meat and Livestock Industry (Live Sheep and Goat Exports to Saudi Arabia) Order 2002 (section 1) establishes the legal framework for the export of live sheep and goats from Australia to Saudi Arabia. This Order, which commenced upon its gazettal, replaces previous Orders related to live sheep exports to Saudi Arabia (section 3). Its primary purpose is to facilitate a regulated commercial trade of live sheep and goats between the two countries (section 4). Key definitions include terms such as AQIS (Australian Quarantine and Inspection Service), exporter, LiveCorp, Saudi Arabia, and SLEP (Saudi Livestock Export Program Industry Standards) (section 5). The Order imposes specific obligations on exporters of live Australian sheep or goats to Saudi Arabia. To legally export these animals, an exporter must hold a livestock export licence under section 10 of the Australian Meat and Livestock Industry Act 1997 and either be accredited by LiveCorp or have written approval from LiveCorp (section 6(1)). Exporters must also lodge a notice of intention to export with AQIS and LiveCorp, with specific timing requirements depending on their accreditation status (section 7(1)). Furthermore, exporters must adhere to SLEP standards and mandatory animal welfare standards, and ensure that all necessary certificates are issued and endorsed before the shipment arrives in Saudi Arabia (sections 7(2)-(3)). The Order delineates several requirements that must be met by exporters. Firstly, exporters must lodge a notice of intention to export with AQIS and LiveCorp, with different timelines based on their accreditation status (section 7(1)). Secondly, they must comply with SLEP and animal welfare standards (section 7(2)). Thirdly, exporters must ensure that a certificate of origin and a health certificate are issued and endorsed by the relevant authorities before the shipment arrives in Saudi Arabia (section 7(3)). Additionally, LiveCorp must notify AQIS if it becomes aware of any non-compliance with SLEP or any other issue that might result in non-compliance (section 7(4)). Failure to comply with the provisions of this Order can result in significant legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not detailed within the Order itself, breaches of the Australian Meat and Livestock Industry Act 1997 or related regulations could lead to substantial fines and other penalties as prescribed by Australian law. These may include financial penalties, imprisonment, or other civil or criminal sanctions, depending on the nature and severity of the breach.