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 2008 (No. 1)
Sub-section 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 export licence holders. Sub-section 70(2) allows the Secretary to delegate this power to an SES employee in the Department. Sub-section 17(5) of the Act provides that an export licence is subject to the condition that the holder of the licence must comply with an order made under section 17.
Background
The Australian Meat and Live-stock Industry (Standards) Order 2005 (‘the Standards Order’) requires holders of a live-stock export licence to export livestock in accordance with the Australian Standards for the Export of Livestock (ASEL) Version 2.1. The Standards Order incorporates the ASEL by reference.
The ASEL sets the basic standards for the conduct of the livestock export trade, as required by the Australian, state and territory governments. The ASEL covers the sourcing and on-farm preparation of livestock, land transport of livestock, management of livestock in registered premises, vessel preparation and loading, on-board management of livestock and air transport of livestock. Species covered by the ASEL include cattle, sheep, goats, buffalo, deer and camelids (camels, llama, alpacas and vicunas).
In May 2008, the Livestock Export Standards Advisory Committee and Technical Working Group endorsed minor amendments to Version 2.1 of the ASEL which resulted in the issue of Version 2.2 (November 2008). Amendments to the ASEL were made to reflect the outcomes of research into the mixing of horned and unhorned animals, changes to cattle pregnancy testing legislation in Western Australia and new information for exporting alpacas and llamas. Other changes were made to improve the consistency of the language used in the ASEL.
Purpose and Operation
The purpose of the Australian Meat and Live-stock Industry (Standards) Amendment Order 2008 (No. 1) (‘the Amendment Order’) is to amend the Standards Order so that it refers to the latest version of the ASEL, Version 2.2 (November 2008). Under section 14 of the Legislative Instruments Act 2003, a document such as a Standard can be legally enforceable by a reference in a legislative instrument such as a regulation or order. In order for this to occur the name, the version number and the date of publication of the document must be specified, as well as where the document is available to the general public such as a website.
At the time of commencement, Version 2.2 of the ASEL was available on the Internet at http://www.daff.gov.au/livestockexportstandards.
Consultation
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) Order 2008 (No.1).
Section 2
Section 2 provides that the Order is to commence from 1 February 2009. It was intended that a delayed commencement would allow industry to adapt to the ASEL amendments, removing the need for transitionary provisions.
Section 3
Section 3 provides that Schedule 1 amends the Australian Meat and Live-stock Industry (Standards) Order 2005.
Schedule 1 Amendments
Item 1
Item 1 substitutes section 3 for subsections 3(1) to 3(3) of the Standards Order. Section 3 provides that Version 2.2 (November 2008) of the ASEL must be complied with to export live-stock. The Note provides a reference for where the ASEL was available on the Internet at the time of commencement.
Overview
The Australian Meat and Livestock Industry (Standards) Amendment Order 2008 (No. 1) was enacted to update the standards for the export of livestock in alignment with the latest version of the Australian Standards for the Export of Livestock (ASEL). This amendment addresses the need to incorporate recent changes and research outcomes into the regulatory framework governing livestock exports. The order was introduced under the Australian Meat and Livestock Industry Act 1997, with the intent of ensuring that export licence holders comply with the most current standards to maintain the integrity and welfare of exported livestock. The Australian Parliament, through the authority of the delegate of the Secretary of the Department of Agriculture, Fisheries and Forestry, made this amendment to streamline the regulatory process and enhance the overall standards of livestock export practices.
Scope and Application
The Australian Meat and Live-stock Industry (Standards) Amendment Order 2008 (No. 1) amends the Australian Meat and Livestock Industry (Standards) Order 2005, which pertains to the standards that must be met by holders of livestock export licences. The Amendment Order is applicable to entities that hold livestock export licences, specifically requiring compliance with the Australian Standards for the Export of Livestock (ASEL) Version 2.2, which was published in November 2008. These standards encompass various aspects of livestock export operations, including sourcing, on-farm preparation, land and air transport, and management of livestock in registered premises, covering species such as cattle, sheep, goats, buffalo, deer, and camelids. The Amendment Order applies on a national level, given the federal nature of the Australian Meat and Livestock Industry Act 1997, and its implementation is overseen by the Secretary of the Department of Agriculture, Fisheries and Forestry, or an authorised delegate. There are no stated exclusions or exemptions within the Amendment Order itself, though specific exclusions or exemptions might be found in other related legislation or orders. The Amendment Order does not introduce new subordinate instruments but rather updates the reference within the Standards Order to reflect the most current version of the ASEL.
Key Provisions
The main operative sections of the Australian Meat and Livestock Industry (Standards) Amendment Order 2008 (No. 1) involve the updating of the Australian Meat and Livestock Industry (Standards) Order 2005 to refer to the latest version of the Australian Standards for the Export of Livestock (ASEL). Specifically, section 3 of Schedule 1 amends subsections 3(1) to 3(3) of the Standards Order, stipulating that Version 2.2 of the ASEL must be adhered to for the export of livestock. This is in line with section 17(1)(a) of the Australian Meat and Livestock Industry Act 1997, which allows the Secretary to make written orders to be complied with by export licence holders. These orders are subject to the condition that the export licence holder must comply with the latest version of the ASEL.
The Amendment Order imposes obligations on the parties governed by it, primarily export licence holders. These parties are required to ensure compliance with the latest version of the ASEL, which in this case is Version 2.2. This includes adhering to the standards set for the sourcing, on-farm preparation, land and air transport, and management of livestock during export. The obligation to comply with the ASEL is mandated under section 17(5) of the Act, which stipulates that an export licence is subject to the condition of compliance with orders made under section 17.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Explanatory Statement for breaches of the Amendment Order itself. However, non-compliance with the ASEL, which is referenced in the Amendment Order, may result in penalties under the Australian Meat and Livestock Industry Act 1997. Such penalties could include fines or other sanctions as prescribed by the Act. The exact penalties would depend on the nature and severity of the breach, as well as any additional regulations or guidelines that may be in place. The Amendment Order ensures that the latest standards are in place to protect animal welfare and maintain the integrity of the livestock export industry.