Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 4)

Administered by Department of Agriculture

Legislation au F2006L04087 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. 4)

 

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. Sub-section 70(2) of the Act provides that the Secretary may delegate this power to an SES employee in the Department.  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 (‘ASEL’).  The Standards Order incorporates the ASEL by reference. 

 

The purpose of the Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 4) (‘the Amendment Order’) is to amend the Standards Order so that it refers to the latest version of the Australian Standards for the Export of Livestock (Version 2.1, November 2006) and to continue to provide for certain transitional arrangements for the Northern Territory.

 

Version 2.1, November 2006 of the ASEL is substantially the same as Version 2, September 2006.  Version 2.1 has been prepared to make minor technical amendments including the incorporation of some ‘Notes’ into standards provisions to ensure that the requirements previously contained in the ‘Notes’ are enforceable.

 

The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.  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. 4).

 

Section 2

 

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

 

 

 

 

 

Section 3

 

Section 3 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 omitting the reference to the Australian Standards for the Export of Livestock (Version 2, September 2006) and inserting the Australian Standards for the Export of Livestock (Version 2.1, November 2006). 

 

Item 2

 

This item amends the Note to subsection 3(1) of the Australian Meat and Live-stock Industry (Standards) Order 2005 by omitting the reference to Version 2, September 2006 of the Australian Standards for the Export of Livestock and inserting a reference to Version 2.1, November 2006.

 

Item 3

 

This item substitutes a new subsection 3(2) of the Australian Meat and Live-stock Industry (Standards) Order 2005.  New 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 2.1, November 2006) (‘the new Standards’)), the requirement in subparagraph (c)(i) of Standard S1.9 of the new Standards for the certificate concerned to be given by the registered veterinarian or competent pregnancy tester who pregnancy tested the cattle or buffalo 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.  However, all other requirements set out in sub-paragraph (c)(i) of Standard 1.9 continue to apply.

 

The purpose of the amendment is to continue to exempt cattle or buffalo exported from the Northern Territory from the requirement that the pregnancy testing certificate concerned be given by the registered veterinarian or competent pregnancy tester (accredited by the Northern Territory Government).   This requirement was previously contained in a ‘Note’, but in Version 2.1, November 2006 of the ASEL the requirement now forms part of  sub-paragraph (c)(i) of Standard 1.9.   The incorporation of the ‘Note’ into the sub-paragraph was necessary to ensure that the requirements (that were previously contained in the ‘Note’) are enforceable.

 

 This continuing 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 new Standards.

 

 

These amendments do not affect the requirements in existing subsection 3(3) of the Standards Order.  Subsection 3(3) requires that until 31 December 2006 in the Northern Territory, the declaration must be made in writing by a veterinarian who is a member of the Australian Association of Cattle Veterinarians and an accredited tester under the National Cattle Pregnancy Diagnosis Scheme, or a person able to demonstrate a suitable level of experience and skill.

 

Overview

The Australian Meat and Live-stock Industry (Standards) Amendment Order 2006 (No. 4) was enacted to update the reference within the Australian Meat and Live-stock Industry (Standards) Order 2005 to the latest version of the Australian Standards for the Export of Livestock, namely Version 2.1 from November 2006. This amendment ensures that the standards referenced in the Order are up-to-date and reflect the most current requirements for the export of livestock. The Amendment Order also includes a transitional arrangement for the Northern Territory, which allows for a continued exemption from certain pregnancy testing requirements until 1 January 2007. This is intended to provide the Northern Territory with sufficient time to train individuals to meet the new standards. The purpose of these amendments is to maintain compliance with the Australian Meat and Live-stock Industry Act 1997 and to facilitate the smooth operation of the live-stock export industry while ensuring animal welfare standards are upheld.

Scope and Application

The Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 4) amends the Australian Meat and Livestock Industry (Standards) Order 2005, impacting the export of livestock and ensuring compliance with updated Australian Standards for the Export of Livestock (ASEL). This legislative instrument applies to holders of export licenses for live-stock within Australia, necessitating adherence to the most recent ASEL version, now being Version 2.1 from November 2006. The amendment ensures that the export of livestock must comply with these updated standards, with specific transitional provisions for cattle and buffalo from the Northern Territory. This transitional exemption allows Northern Territory sourced cattle and buffalo, exported as slaughter or feeder animals, to be exempt from certain pregnancy testing requirements until 1 January 2007. The Amendment Order, effective from the day after its registration, does not require consultation due to its minor nature, as it primarily makes technical adjustments to ensure enforceability and provides temporary relief for the Northern Territory until it can fully comply with the new standards.

Key Provisions

The Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 4) updates the Australian Meat and Livestock Industry (Standards) Order 2005, aligning it with Version 2.1 of the Australian Standards for the Export of Livestock (ASEL). Section 1 of the Amendment Order identifies it as the Australian Meat and Livestock Industry (Standards) Amendment Order 2006 (No. 4), while Section 2 sets the commencement date as the day after registration. Section 3 directs that Schedule 1 will amend the Standards Order. Schedule 1 contains specific amendments, including the substitution of references to the older ASEL Version 2, September 2006, with Version 2.1, November 2006, thereby ensuring compliance with the most current standards. The Amendment Order imposes obligations on holders of livestock export licenses, requiring them to adhere to the updated standards as referenced in the new ASEL Version 2.1, November 2006. This includes ensuring that all exports comply with the latest standards unless otherwise specified. Furthermore, the Amendment Order mandates that all exports must follow the requirements set forth in the ASEL, with specific transitional provisions for the Northern Territory until 1 January 2007. These transitional provisions allow for a grace period for the Northern Territory to train competent pregnancy testers to meet the new standards, while still requiring other ASEL requirements to be met. Breach of the provisions under the Australian Meat and Livestock Industry Act 1997 and the Standards Order can result in both civil and criminal consequences. Section 70(2) of the Act allows for delegation of enforcement powers to appropriate employees, and violations can lead to penalties as stipulated in the relevant sections of the Act. Although the specific maximum penalties are not detailed in the Amendment Order, the overarching Act provides for substantial fines and, in severe cases, imprisonment. The seriousness of these penalties underscores the importance of compliance with the updated standards and transitional provisions for the Northern Territory. Overall, the Amendment Order is a minor but crucial update, ensuring that all livestock exports meet the latest standards while providing a transitional period for the Northern Territory to adjust. The enforcement of these provisions is critical to maintaining the integrity and safety of the livestock export industry, with significant consequences for non-compliance.

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