Australian Meat and Live-stock Industry (Standards) Amendment Order 2016

Administered by Department of Agriculture

Legislation au F2016L00839 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the Secretary of the Department of Agriculture and Water Resources

 

Australian Meat and Live-stock Industry Act 1997

 

Australian Meat and Live-stock Industry (Standards) Amendment Order 2016

 

 

Background

 

Paragraph 17(1)(a) of the Australian Meat and Live-stock Industry Act 1997 (‘the Act’) provides that the Secretary may make written orders to be complied with by holders of export licences.  One order made under this provision is the Australian Meat and Live-stock Industry (Standards) Order 2005 (‘the Standards Order’).  

 

The Australian Standards for the Export of Livestock (Version 2.3) 2011 (‘ASEL’) sets out the basic standards for the conduct of the live-stock export trade, as required by Australian Federal, State and Territory governments and as decided upon following consultation with industry bodies and other stakeholders.

 

ASEL covers the sourcing and on-farm preparation of live-stock, land transport of live-stock for export, management of live-stock in registered premises, vessel preparation and loading, on-board management of live-stock and air transport of live-stock. Species covered by ASEL include cattle, sheep, goats, buffalo, deer and camelids (camels, llama, alpacas and vicunas).

 

Section 3 of the Standards Order provides that the holder of a live-stock export licence must not export live-stock except in accordance with ASEL. 

 

Purpose and operation

 

The recently-inserted Part 1A of the Export Control (Animals) Order 2004 (‘the Animals Order’) provides for approved arrangements (‘approved arrangements’) to streamline the process of preparing and certifying live-stock exports from Australia.    

 

The Australian Meat and Live-stock Industry (Standards) Amendment Order 2016 (‘the Amendment Order’) amends section 3 of the Standards Order to provide that plans of the export of live-stock made under approved arrangements in Part 1A of the Animals Order will be taken to be included within the scope of all references to consignment risk management plans and Notices of Intention to export which are contained in ASEL.  This has the practical effect of incorporating approved arrangements within the scope of ASEL.

 

Consultation

 

Consultation was not undertaken specifically for the making of the Amendment Order because it was undertaken for the making of the Export Control (Animals) Amendment (Approved Arrangements) Order 2015, which implemented approved arrangements for live-stock exports. The Amendment Order alters the Standards Order in a manner merely consequential to the implementation of approved arrangements for live-stock exports.

 

Representatives, service providers and research and development bodies in the live-stock producer and export industries (Australian Livestock Exporters' Council, LiveCorp and Meat & Livestock Australia), as well as live-stock exporters, were consulted on the reform project to introduce approved arrangements for exports of live-stock.

 

The Office of Best Practice Regulation (OBPR) has been consulted and agrees that in light of their acceptance of the Standard Form Regulation Impact Statement (RIS) prepared for the implementation of approved arrangements for live-stock exports (RIS ID: 18455), the amendments contained in the Amendment Order are machinery in nature and no further input from them is required.

 

Details of the Amendment Order are at Attachment A.

 

The Amendment Order is compatible with human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.  A full statement of compatibility is set out in Attachment B.

 

The Amendment Order is a legislative instrument for the purposes of the Legislation Act 2003.

 

 

 

 


ATTACHMENT A

Section 1

 

Section 1 provides that the name of the Amendment Order is the Australian Meat and Live-stock Industry (Standards) Amendment Order 2016.

 

Section 2

 

Section 2 provides that the Amendment Order is to commence the day after it is registered in the Federal Register of Legislation.

 

Section 3

 

Section 3 provides that the Amendment Order is made under section 17 of the Act.

 

Section 4

 

Section 4 provides that each instrument set out in the Schedule is amended as per the terms of the Schedule itself.

 

Schedule 1 Amendments

 

Item 1

 

Item 1 inserts a ‘sub-section 1’ marker into the text of section 3 of the Standards Order.

 

Item 2

 

Item 2 repeals the existing note to section 3 of the Standards Order and inserts a new note which provides that ASEL could in 2016 be viewed on the Department’s website.

 

Item 3

 

Item 3 inserts a new sub-section 2 into section 3 of the Standards Order.  The existing provision in section 3, which becomes sub-section 3(1), provides that holders of live-stock export licences must not export live-stock except in accordance with ASEL. The new sub-section 2 provides that all references in ASEL to:

 

  • consignment risk management plans (CRMPs), which are variously described;
  • Notices of Intention (NOIs) to export; and
  • Approved NOIs and CRMPs;   

 

are to be taken to include references to plans for the export of live-stock prepared by holders of live-stock export licences under approved arrangements. This is because exporters with an approved arrangement no longer prepare CRMPs or have their NOIs approved by the Department – instead, their approved arrangement contains a plan for the export of live-stock which describes how ASEL will be complied with.


 

 

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Australian Meat and Live-stock Industry (Standards) Amendments Order 2016

 

Overview of Amending Instrument

 

This Instrument amends the Standards Order to provide that references in ASEL to Consignment Risk Management Plans and Notices of Intention to export will be taken to include plans for live-stock export prepared under the new approved arrangements provisions contained in Part 1A of the Export Control (Animals) Order 2004.  

 

Approved arrangements are designed to streamline existing procedures for the export of live-stock from Australia.  The existing procedures require compliance with ASEL.  This Amendment Instrument ensures that plans properly made under these streamlined procedures will also come within the scope of ASEL.          

 

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

 

 

 

Daryl Quinlivan

 

Overview

The Australian Meat and Livestock Industry (Standards) Amendment Order 2016 was enacted to address the need for streamlining the export process of livestock from Australia, ensuring that it aligns with the Australian Standards for the Export of Livestock (ASEL). This amendment to the Australian Meat and Livestock Industry Act 1997 was introduced by the Secretary of the Department of Agriculture and Water Resources and made under section 17 of the Act. The primary policy objective of this amendment is to incorporate the newly introduced approved arrangements for livestock exports into the scope of ASEL. These approved arrangements, established under the Export Control (Animals) Order 2004, aim to simplify and expedite the export process while maintaining compliance with ASEL. By aligning these approved arrangements with ASEL, the amendment seeks to ensure that all livestock exports adhere to the necessary standards, thereby facilitating smoother and more efficient export operations.

Scope and Application

The Australian Meat and Livestock Industry (Standards) Amendment Order 2016 applies to holders of livestock export licences under the Australian Meat and Livestock Industry Act 1997. This Act, which operates at the Commonwealth level, governs the export of livestock from Australia and ensures compliance with standards set out in the Australian Standards for the Export of Livestock (ASEL). The Amendment Order modifies the Australian Meat and Livestock Industry (Standards) Order 2005 to incorporate approved arrangements for livestock exports, aligning these arrangements with the ASEL standards. This means that plans prepared under the approved arrangements will be considered as compliant with ASEL, streamlining the export process while maintaining the necessary standards. The amendment is made under the authority of the Act and comes into effect the day after it is registered in the Federal Register of Legislation. The scope of the legislation is thus extended to include these approved arrangements, ensuring a cohesive regulatory framework for livestock exports.

Key Provisions

The Australian Meat and Livestock Industry (Standards) Amendment Order 2016 (the Amendment Order) amends the Australian Meat and Livestock Industry (Standards) Order 2005 (the Standards Order) to integrate approved arrangements for live-stock export into the scope of Australian Standards for the Export of Livestock (ASEL). Specifically, section 3 of the Standards Order is amended to ensure that plans for live-stock export prepared under the approved arrangements, as outlined in Part 1A of the Export Control (Animals) Order 2004, are included within the scope of all references to consignment risk management plans and Notices of Intention to export in ASEL (section 4). This means that these approved plans are now considered to be part of the compliance framework set out in ASEL. The Amendment Order imposes obligations on holders of live-stock export licences to ensure that their export activities comply with ASEL, including the newly integrated approved arrangements. These holders must prepare their export plans in accordance with the approved arrangements, ensuring that the plans align with the standards and procedures outlined in ASEL. This includes proper sourcing and on-farm preparation of live-stock, land and air transport, and management of live-stock in registered premises and on vessels. Failure to comply with these standards could result in non-compliance with the licence conditions and potential enforcement actions. Failure to comply with the requirements of the Amendment Order and the Standards Order can lead to significant legal consequences. Section 17 of the Australian Meat and Livestock Industry Act 1997 provides for penalties for non-compliance, including fines and potential suspension or revocation of export licences. The exact penalties can vary depending on the nature and severity of the breach but may include substantial financial penalties and operational restrictions on the exporter. It is important for exporters to adhere to the standards to avoid these penalties and ensure the humane treatment and welfare of the live-stock during export. The Amendment Order is designed to streamline the export process while maintaining high standards for animal welfare and compliance with ASEL. By integrating approved arrangements into the scope of ASEL, the Amendment Order ensures that all export plans, whether traditional or under the new streamlined procedures, are subject to the same rigorous standards. This legislative change aims to facilitate more efficient and compliant live-stock exports while upholding the welfare and ethical standards expected by Australian and international stakeholders.

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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.