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Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 3)

Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 3)

Administered by Department of Agriculture

Legislation au F2006L03255 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Issued by the authority of the delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry

Australian Meat and Live-stock Industry Act 1997

Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 3)

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

The Australian Meat and Live-stock Industry (Standards) Order 2005 (‘the Standards Order’) states that the holder of an export licence for live-stock must not export live-stock except in accordance with the Australian Standards for the Export of Livestock. The latest version of the Australian Standards for the Export of Livestock is Version 2 of September 2006. This version of the Australian Standards for the Export of Livestock was given legislative force by an amendment to the Standards Order made by the Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 1) (‘the First Amendment Order’).

The Australian Meat and Live-stock Industry (Standards) Amendment Order 2006

(No. 2) (‘the Second Amendment Order’) was intended to replace the First Amendment Order. The making of the Second Amendment Order arose from the need to specify in greater detail the arrangements for the delayed commencement of part of the latest version of the Australian Standards for the Export of Livestock in the Northern Territory. However, there is some doubt that the Second Amendment Order had the intended legal effect of undoing the amendments made by the First Amendment Order because of the operation of section 15 of the Legislative Instruments Act 2003 (‘the LIA’). Section 15 of the LIA provides that the repeal of an instrument does not affect the operation of the repealed instrument unless a contrary intention appears. The difficulty with the Second Amendment Order was that it failed to express a contrary intention to prevent the operation of the First Amendment Order. As a result, the amendments proposed to the Standards Order in relation to the arrangements for the delayed commencement of part of the latest version of the Australian Standards for the Export of Livestock in the Northern Territory were misdescribed and could not be implemented.

The purpose of the Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 3) (‘the Third Amendment Order’) is to address the doubt that has arisen about the legal effectiveness of the Second Amendment Order by:

revoking the Second Amendment Order; and
replacing the amendments to the Standards Order made by the First Amendment Order regarding the arrangements for the delayed commencement of the latest version of the Australian Standards for the Export of Livestock in the Northern Territory with amendments that provide more detail.

The Third Amendment Order leaves intact the work done by the First Amendment Order in respect of the incorporation of the latest version of the Australian Standards for the Export of Livestock with effect on and from 25 September 2006 in the Standards Order.

The Third Amendment Order is a legislative instrument for the purposes of the LIA. Consultation was not undertaken for the making of the Amendment Order, as the Amendment Order is of a minor or machinery nature and does not substantially alter existing arrangements.

Details of the Amendment Order are set out below:

Section 1

Section 1 provides that the name of the Order is the Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 3).

Section 2

Section 2 provides that the Order commences on the day after it is registered.

Section 3

Section 3 revokes Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 2).

Section 4

Section 4 provides that Schedule 1 amends the Australian Meat and Live-stock Industry (Standards) Order 2005.

Schedule 1 Amendment

Item 1

This item amends subsection 3(1) of the Australian Meat and Live-stock Industry (Standards) Order 2005 by inserting new subsections (2) and (3).

Subsection 3(2) provides that despite subsection (1), which prohibits the export of live-stock except in accordance with the Australian Standards for the Export of Livestock (Version 2, September 2006) (‘the new Standards’), the requirement in the Note after subparagraph (c)(i) of Standard S1.9 of the new Standards does not apply in relation to cattle and buffalo from the Northern Territory sourced for export as slaughter or feeder animals until 1 January 2007. The effect of this subsection is to delay the application of this part of the new Standards in the Northern Territory until 1 January 2007.

Subsection 3(3) provides that despite subsection (1), for the period 28 September 2006 to 31 December 2006 (inclusive), the requirement in the Note after S1.9 of the Australian Standards for the Export of Live-stock (‘the old Standards’) published by the Department and in force on 1 July 2005 applies to cattle and buffalo from the Northern Territory sourced for export as slaughter or feeder animals. A Note after subsection 3(3) refers readers to the location of the old Standards on the Department’s website.

This transitional arrangement is necessary to give the Northern Territory sufficient time to train people as competent pregnancy testers to meet the requirement set out in the Note to Standard S1.9 of the new Standards. The Note states that “A declaration must be made in writing by the registered veterinarian or competent pregnancy tester who pregnancy tested the cattle or buffalo.”

Overview

The Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 3) was enacted to address legal ambiguities that arose from the Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 2). The Australian Meat and Livestock Industry Act 1997 empowers the Secretary to issue written orders that comply with export licences, and the Australian Meat and Livestock Industry (Standards) Order 2005 requires compliance with Australian Standards for the Export of Livestock. The Second Amendment Order aimed to detail the delayed commencement of the latest standards in the Northern Territory but inadvertently failed to revoke the First Amendment Order, leading to legal uncertainty. Consequently, the Third Amendment Order revokes the Second Amendment Order and rectifies the details regarding the delayed implementation of the new standards in the Northern Territory, ensuring compliance with the legislative instruments framework. This legislative instrument was issued by the delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry and does not require consultation as it is of a minor or machinery nature. The policy objective is to ensure clear and effective standards for the export of livestock while providing adequate transitional arrangements to allow for compliance with new requirements.

Scope and Application

The Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 3) amends the Australian Meat and Livestock Industry (Standards) Order 2005, which is a legislative instrument made under the Australian Meat and Livestock Industry Act 1997. This Act applies to persons and entities involved in the export of livestock, specifically those holding export licenses under the Act. The Amendment Order addresses the geographic reach of the Australian Standards for the Export of Livestock, focusing on the Northern Territory, while leaving other parts of Australia unaffected by the amendments. The order revokes the previous Amendment Order (No. 2) due to legal uncertainties and replaces it with more detailed provisions, ensuring compliance with the legislative requirements and the standards for livestock exports. The changes are designed to provide clarity and effective implementation, particularly regarding the delayed commencement of certain standards in the Northern Territory to allow for adequate training of personnel.

Key Provisions

The Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 3) makes several key amendments to the Australian Meat and Livestock Industry (Standards) Order 2005. Under section 3(2) of Schedule 1, the requirement in the Note after subparagraph (c)(i) of Standard S1.9 of the Australian Standards for the Export of Livestock (Version 2, September 2006) does not apply to cattle and buffalo from the Northern Territory sourced for export as slaughter or feeder animals until 1 January 2007 (subsection 3(2)). This delays the application of this part of the new Standards in the Northern Territory until 1 January 2007. Under section 3(3) of Schedule 1, the requirement in the Note after S1.9 of the Australian Standards for the Export of Livestock published by the Department and in force on 1 July 2005 applies to cattle and buffalo from the Northern Territory sourced for export as slaughter or feeder animals for the period 28 September 2006 to 31 December 2006 (inclusive). This transitional arrangement is necessary to give the Northern Territory sufficient time to train people as competent pregnancy testers to meet the requirement set out in the Note to Standard S1.9 of the new Standards. The Act imposes obligations on the holders of export licences to comply with the Australian Standards for the Export of Livestock and any written orders made by the Secretary under section 17 of the Act. The holders must also ensure that they meet the requirements set out in the relevant Standards for the period specified. These obligations include ensuring that cattle and buffalo from the Northern Territory sourced for export as slaughter or feeder animals are tested by a registered veterinarian or competent pregnancy tester and that a declaration is made in writing by the tester. The Standards Order requires the holder to comply with the Australian Standards for the Export of Livestock. Failure to comply with the requirements set out in the Standards Order or the written orders may result in criminal or civil penalties. Under section 17(5) of the Act, a livestock export licence is subject to the condition that the holder must comply with orders made under section 17 of the Act. Any breach of this condition may result in the suspension or cancellation of the licence. Under section 17(3) of the Act, a person who contravenes or fails to comply with an order made under section 17 of the Act is guilty of an offence and is liable to a penalty of up to $10,000 or imprisonment for up to two years, or both. Under section 17(4) of the Act, a person who contravenes or fails to comply with a condition of a licence is guilty of an offence and is liable to a penalty of up to $10,000 or imprisonment for up to two years, or both. The maximum penalty for each contravention is the greater of $10,000 or three times the value of the export consignment involved in the contravention.

Area of Law: Animal Law; Environmental Law
Instrument: Order
Concepts: Definitions & Interpretation; Compliance Obligations; Transitional Provisions

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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