Export Control (Animals) Amendment (Export of Livestock) Order 2018

Administered by Department of Agriculture

Legislation au F2018L00475 Not in force Legislative Instrument

Legislation content

Explanatory Statement

 

Issued by Authority of the Minister for Agriculture and Water Resources

 

Export Control Act 1982

 

Export Control (Animals) Amendment (Export of Livestock) Order 2018

 

 

Legislative Authority

 

The Governor-General may make regulations under section 25 of the Export Control Act 1982 (the Act). Section 9C of the Act provides that the regulations may provide for the payment by an exporter of the reasonable costs (including salary, transport and accommodation costs) of activities undertaken within or outside Australia by an authorised officer under section 9D or 9E in relation to an approved export program that applies to the export activities of the exporter.

 

Under paragraph 25(2)(g), regulations may be made empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provisions may be made by the regulations. Under regulation 3 of the Export Control (Orders) Regulations 1982 (the Regulations), the Minister may make orders, not inconsistent with regulations made under the Act. The Export Control (Animals) Order 2004 (the Animals Order) is made under regulation 3 of the Regulations.

 

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose

 

The purpose of the Export Control (Animals) Amendment (Export of Livestock) Order 2018 (the Amendment Order) is to provide for an exporter of livestock to pay costs of activities undertaken by an authorised officer under the Act in relation to an approved export program.

 

Background

 

The export of animals is governed by the Animals Order. Part 1A relates to the export of livestock.

 

Impact and Effect

 

The Animals Order already provides for exporters to pay reasonable costs of activities undertaken by authorised officers in relation to the export of live animals other than livestock. The Amendment Order makes an identical provision for costs associated with the export of livestock.

 

Consultation

 

No consultation was undertaken.

 

Details/ Operation

Details of the Amendment Order are set out in the Attachment A.

 

Other

 

The Amendment Order is compatible with the 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

 

Details of the Export Control (Animals) Amendment (Export of Livestock) Order 2018

 

Section 1 – Name

 

This section provides that the name of the Amendment Order is the Export Control (Animals) Amendment (Export of Livestock) Order 2018.

 

Section 2 – Commencement

 

This section provides for the Amendment Order to commence at the time it is registered.

 

Section 3 – Authority

 

This section provides that the Amendment Order is made under the regulation 3 of the Export Control (Orders) Regulations.

 

Section 4 – Schedules

 

This section provides that the Amendment Order is amended as set out in a Schedule to the instrument and that each Schedule is amended or repealed as set out in the applicable items in the Schedule concerned and  that any other item in a Schedule has effect according to its terms.

 

Schedule 1 – Amendments

 

Item 1 inserts a provision that states that an exporter must pay the reasonable costs of activities undertaken by an authorised officer. Costs include the cost of the authorised officer’s salary, transport and accommodation.

 

 

 


 

Statement of Compatibility with Human Rights

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

 

Export Control (Animals) Amendment (Export of Livestock) Order 2018

 

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of the Amendment Order is to provide for an exporter of livestock to pay costs of activities undertaken by an authorised officer under the Act in relation to an approved export program. This measure will provide for better assurance of animal health and welfare in accordance with the requirements of the legislative framework and community expectations.

 

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.

 

 

The Hon. David Littleproud MP

Minister for Agriculture and Water Resources

 

 

 

 

Overview

The Export Control (Animals) Amendment (Export of Livestock) Order 2018, enacted by the Australian Government, amends the Export Control (Animals) Order 2004 to ensure consistency in the payment of costs related to the export of livestock. The primary objective of this legislative instrument is to mandate livestock exporters to cover the reasonable expenses incurred by authorised officers for activities undertaken in relation to approved export programs, thereby ensuring compliance with the Export Control Act 1982. This amendment aligns the export of livestock with the existing provisions for other live animals, enhancing the regulatory framework's effectiveness and fairness. The measure was implemented by the Minister for Agriculture and Water Resources, reflecting the government's commitment to maintaining high standards of animal health and welfare in international trade.

Scope and Application

The Export Control (Animals) Amendment (Export of Livestock) Order 2018 applies to exporters of livestock within the jurisdiction of the Commonwealth of Australia, as it amends the Export Control (Animals) Order 2004 made under the Export Control Act 1982. The Amendment Order ensures that exporters of livestock are required to pay the reasonable costs associated with activities undertaken by authorised officers in relation to approved export programs. These costs include the authorised officers' salaries, transport, and accommodation, both within and outside Australia. The Amendment Order extends the existing provisions under the Animals Order, which already cover the export of live animals other than livestock, to include livestock. This measure aims to ensure better assurance of animal health and welfare, aligning with legislative requirements and community expectations. The Amendment Order is made under the authority of the Minister for Agriculture and Water Resources and is compatible with human rights, as it does not engage any applicable rights or freedoms as declared under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Export Control (Animals) Amendment (Export of Livestock) Order 2018 (Amendment Order) primarily modifies the Export Control (Animals) Order 2004 by introducing a provision that requires livestock exporters to cover the reasonable costs incurred by authorised officers in relation to approved export programs. These costs include the officer's salary, transport, and accommodation expenses (Schedule 1, Item 1). The Amendment Order ensures that livestock exporters bear the financial burden associated with the activities overseen by authorised officers, aligning the cost structure with that already in place for the export of live animals other than livestock. Under the Amendment Order, exporters are obligated to pay for the reasonable costs of activities undertaken by authorised officers as part of approved export programs. This includes the authorised officer’s salary, transport, and accommodation expenses. The intention is to ensure that the financial responsibilities associated with overseeing livestock exports are adequately covered by the parties directly involved in the export activities (Schedule 1, Item 1). By doing so, the Amendment Order aims to maintain the integrity and efficiency of the export control process. The Amendment Order does not introduce new offences or penalties but rather aligns the cost provisions for livestock exporters with those already in place for other live animals. The existing legal framework under the Export Control Act 1982 governs the penalties and consequences for non-compliance with the Act’s requirements. Breaches of the Act can result in significant civil and criminal penalties, including fines and imprisonment, as stipulated in the primary legislation. Therefore, while the Amendment Order itself does not specify new penalties, it operates within the existing enforcement mechanisms of the Export Control Act. In summary, the Export Control (Animals) Amendment (Export of Livestock) Order 2018 aligns the cost structure for livestock exporters with that of other live animals, ensuring a uniform approach to cost recovery for approved export programs. Exporters are now required to pay for the reasonable costs incurred by authorised officers, including salary, transport, and accommodation. This measure is designed to maintain the integrity and efficiency of the export control process. Although the Amendment Order does not introduce new offences or penalties, it falls under the existing enforcement provisions of the Export Control Act, which includes the possibility of significant fines and imprisonment for non-compliance.

Legal classification tags

Area of Law
Animal Law
Instrument
Order
Concepts
Definitions & Interpretation
Compliance Obligations
Enforcement Powers

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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.