Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 1)

Overview

The Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No.1) was enacted to amend the Australian Meat and Live-stock Industry (Standards) Order 2005, specifically to update the referenced Australian Standards for the Export of Livestock from Version 1 (effective as of 1 July 2005) to Version 2 (effective as of 25 September 2006). This amendment was introduced under the authority of the Australian Meat and Live-stock Industry Act 1997, which empowers the Secretary to make orders that export licence holders must comply with. The objective of this amendment is to ensure that the standards governing the export of livestock reflect recent endorsements and stakeholder feedback, thus maintaining high standards of animal welfare and trade compliance. The Department of Agriculture, Fisheries and Forestry consulted with various stakeholders in developing the new standards, ensuring they met the needs of industry and governmental bodies. The legislative instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements.

Scope and Application

The Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 1) applies to holders of export licences issued under the Australian Meat and Livestock Industry Act 1997. These licences pertain to the export of livestock from Australia, and the Amendment Order specifies that these licence holders must comply with Version 2 of the Australian Standards for the Export of Livestock as in force on 25 September 2006. The Amendment Order supersedes the previous standards that were in effect as of 1 July 2005. Its application is nationwide, given the federal nature of the legislation governing livestock exports, and it is subject to the overarching framework established by the Act and its subordinate regulations, including the Australian Meat and Livestock Industry (Export Licensing) Regulations 1998. The Amendment Order does not apply to export licences granted before 1 December 2004 that have not been renewed or varied since that date. The standards endorsed by the Primary Industries Ministerial Council and referenced in the Amendment Order are intended to ensure the humane treatment and welfare of livestock during export, reflecting the collaborative efforts of industry stakeholders, state and territory governments, and other interested parties.

Key Provisions

The Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No.1) (Amendment Order) introduces specific amendments to the Australian Meat and Livestock Industry (Standards) Order 2005 (Standards Order), as detailed in sections 1 to 4. The primary change, outlined in Section 1, is the amendment of the Standards Order to specify that holders of livestock export licences must comply with Version 2 of the Australian Standards for the Export of Livestock, effective from 25 September 2006 (Section 3). This amendment ensures that the latest standards are adhered to by those involved in the livestock export industry. Section 4 specifies the applicability of the amendment, indicating that it applies to exports from 25 September 2006, with a specific note on Standard S1.9 applying to Northern Territory cattle exported as slaughter or feeder animals from 1 January 2007. The Amendment Order imposes obligations on the holders of livestock export licences to comply with the updated Australian Standards for the Export of Livestock, Version 2, as of 25 September 2006. This requirement is established under Section 17(5) of the Australian Meat and Livestock Industry Act 1997, which mandates that a livestock export licence is subject to conditions, including compliance with orders made by the Secretary. The Standards Order, which the Amendment Order amends, is referenced in sub-regulation 13(b) of the Australian Meat and Livestock Industry (Export Licensing) Regulations 1998, defining the standards for the purposes of the Regulations. The obligation extends to all export activities occurring on or after 25 September 2006, ensuring that the new standards are integrated into existing export practices. Failure to comply with the provisions of the Amendment Order can lead to various consequences. Under the Australian Meat and Livestock Industry Act 1997, breaches of the standards specified in the Amendment Order can result in enforcement actions by the Secretary. Although the Explanatory Statement does not detail specific penalties, breaches of export licence conditions generally carry significant penalties, which could include fines or the suspension or revocation of the export licence. The severity of the penalty depends on the nature and extent of the breach, as well as any previous history of non-compliance by the licence holder. Compliance with the new standards is crucial to avoid these potential enforcement actions and to maintain the integrity of the livestock export industry.