Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011

Overview

The Australian Meat and Livestock Industry (Protection of Animal Welfare) Order 2011 was enacted under section 17 of the Australian Meat and Livestock Industry Act 1997, with the purpose of addressing concerns regarding the handling and slaughter of Australian livestock at certain places in Indonesia where these operations are not conducted in accordance with the World Organisation for Animal Health's Terrestrial Animal Health Code recommendations. This Order was issued by the authority of the Secretary of the Department of Agriculture, Fisheries and Forestry, and it complements the Export Control (Protection of Animal Welfare) Order 2011 made under the Export Control Act 1982. The policy objective of this Order is to ensure that Australian livestock are not exported to places in Indonesia where animal welfare standards are not met, thereby protecting the welfare of animals and maintaining Australia's reputation for high standards in animal welfare. The Order stipulates that holders of livestock export licenses must not export livestock to any of the listed places in Indonesia and must provide a declaration and evidence that the livestock will not be taken to any of the prohibited places. These provisions do not apply if the Minister has approved an export under the Export Control (Protection of Animal Welfare) Order. The Order aims to ensure compliance with animal welfare standards by requiring exporters to take reasonable steps and provide evidence that livestock will not be sent to places where their welfare may be compromised.

Scope and Application

The Australian Meat and Live-stock Industry (Protection of Animal Welfare) Order 2011 applies to holders of livestock export licenses under the Australian Meat and Livestock Industry Act 1997. It specifically addresses concerns about the handling and slaughter of Australian livestock at certain locations in Indonesia, where it is believed that such operations do not comply with the Terrestrial Animal Health Code (OIE recommendations). This Order is designed to complement the Export Control (Protection of Animal Welfare) Order 2011, which prohibits the export of livestock to those Indonesian locations under the Export Control Act 1982. The Order mandates that livestock export licensees must not export livestock to any of the listed prohibited places and requires them to provide a declaration and evidence to the Secretary of the Department of Agriculture, Fisheries and Forestry that they have taken reasonable steps to ensure the livestock will not be taken to such places. These obligations do not apply if the Minister has approved an export under the ECPAW Order. The Order extends to the Commonwealth jurisdiction and its application can be further defined or modified through subordinate instruments, although no such instruments are referenced in the text.

Key Provisions

The Australian Meat and Livestock Industry (Protection of Animal Welfare) Order 2011 primarily outlines the conditions under which live-stock export licences must be held, particularly concerning the export of livestock to certain places in Indonesia. According to Section 4, it is illegal for licence holders to export livestock to any of the specified prohibited places in Indonesia. This prohibition encompasses not just the direct export to the listed places but also any export with the intention or knowledge that the livestock will be taken to these places subsequently. The order aims to ensure that livestock are not subjected to slaughter and related operations that do not meet the standards set out in the World Organisation for Animal Health’s Terrestrial Animal Health Code. In order to export livestock, licence holders must first provide a declaration to the Secretary, affirming that they have taken reasonable steps to ensure the livestock will not be exported to any of the prohibited places (Section 5). This declaration must be accompanied by evidence that the livestock are not intended to be taken to any of these places, such as commercial documentation or a statement from the Indonesian feedlot operator or importer. Importantly, these requirements do not apply if the Minister has granted approval for an export under the Export Control (Protection of Animal Welfare) Order 2011 (Section 6). The Order imposes specific obligations on licence holders to prevent the export of livestock to the specified Indonesian places, unless approved by the Minister. Licence holders must take reasonable steps to ensure that their livestock will not be exported to these places, which may include verifying the final destination of the livestock and obtaining written assurances from Indonesian operators. Furthermore, they must provide a declaration and supporting evidence to the Secretary before exporting livestock. These obligations are designed to uphold animal welfare standards and ensure compliance with international animal health codes. The Order also mandates that any export approval by the Minister under the Export Control (Protection of Animal Welfare) Order 2011 exempts the licence holder from the prohibitions in Sections 4 and 5 of this Order. Breaches of the Order can result in significant consequences. Although the specific penalties for non-compliance are not detailed in the explanatory statement, violations of conditions imposed by the Secretary under the Australian Meat and Livestock Industry Act 1997 can generally lead to fines and other enforcement actions. The severity of these penalties would depend on the nature and extent of the breach, but they could potentially include substantial financial penalties. In cases where the breach involves animal cruelty or severe non-compliance with animal welfare standards, criminal charges could also be applicable, leading to further penalties including imprisonment. The Order seeks to deter non-compliance by ensuring that livestock are not exposed to substandard animal welfare practices.