EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control Act 1982
Export Control (Animals) Amendment Order 2005 (No. 3)
Subsection 25(1) of the Export Control Act 1982 (“the Act”) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act or necessary or convenient to be prescribed for the carrying out or giving effect to the Act.
Paragraph 25(2)(g) of the Act provides that the Governor-General may make regulations empowering the Minister to make orders, not inconsistent with the regulations, with respect to any matter for or in relation to which provision may be made by the regulations.
Regulation 3 of the Export Control (Orders) Regulations 1982 provides that the Minister may, by instrument in writing, make orders, not inconsistent with regulations made under the Act, with respect to any matter for or in relation to which provision may be made by regulations under the Act.
The purpose of the Export Control (Animals) Amendment Order 2005 (No. 3) (“the Amendment Order”) is to amend the Export Control (Animals) Order 2004 (“the Principal Order”) to update the reference to the Australian Standards for the Export of Live-stock.
Consultation was not undertaken for the making of the Amendment Order because the amendments are of a minor or machinery nature and do not substantially alter existing arrangements. For the same reason, the Office of Regulation Review advised that a regulation impact statement is not required.
Details of the Amendment Order are set out below:
Section 1
This section provides that the name of the Amendment Order is the Export Control (Animals) Amendment Order 2005 (No. 3).
Section 2
This section provides that the Amendment Order commences on 1 July 2005.
Section 3
This section provides that Schedule 1 amends the Principal Order.
Schedule 1 – Amendments
Item 1
This item replaces the definition of the Australian Standards for the Export of Live-stock (“the Standards”) to amend the relevant date from 1 December 2004 to 1 July 2005 to ensure that the most up to date version of the Standards is referenced in the Principal Order.
Overview
The Export Control (Animals) Amendment Order 2005 (No. 3) was introduced to amend the Export Control (Animals) Order 2004 under the authority of the Export Control Act 1982. Enacted by the Parliament of Australia, this legislation seeks to ensure the integrity and efficiency of the export control system, particularly concerning the export of animals, by updating the relevant Australian Standards for the Export of Livestock. The policy objective behind the Amendment Order is to maintain the relevance and effectiveness of the regulatory framework governing the export of animals, ensuring that it aligns with the most current standards and practices. The Minister for Agriculture, Fisheries and Forestry issued this Amendment Order without consultation as it was deemed a minor adjustment that does not significantly alter existing regulatory arrangements, thus not requiring a regulation impact statement. The Amendment Order came into effect on 1 July 2005, updating the referenced standards to the version effective from that date.
Scope and Application
The Export Control (Animals) Amendment Order 2005 (No. 3) amends the Export Control (Animals) Order 2004 to update the reference to the Australian Standards for the Export of Livestock. This Amendment Order applies to all entities and individuals involved in the export of animals in Australia, ensuring that they adhere to the most current standards for such exports. The Amendment Order has a national reach, as it amends an Order that pertains to the overarching Export Control Act 1982, which applies throughout the Commonwealth of Australia. The scope of the Amendment Order is limited to updating the reference to the relevant standards, and it does not introduce any new exclusions or exemptions. Instead, it ensures that the Principal Order remains aligned with the most recent standards, thereby maintaining regulatory consistency and compliance with international animal welfare and export standards. The Order operates through subordinate instruments, specifically by amending the Principal Order, and does not require additional consultation or regulation impact statements due to its minor nature.
Key Provisions
The Export Control (Animals) Amendment Order 2005 (No. 3) amends the Export Control (Animals) Order 2004, updating the reference to the Australian Standards for the Export of Livestock. This amendment ensures that the Principal Order references the most current version of the Standards. Specifically, Section 1 of the Amendment Order identifies it as the Export Control (Animals) Amendment Order 2005 (No. 3), while Section 2 specifies that the Amendment Order commences on 1 July 2005. Section 3 details that Schedule 1 amends the Principal Order, with Item 1 replacing the definition of the Australian Standards for the Export of Livestock to update the relevant date from 1 December 2004 to 1 July 2005.
Under this Amendment Order, parties or entities involved in the export of animals must comply with the updated Australian Standards for the Export of Livestock as referenced in the Principal Order. This requirement ensures that all animal exports adhere to the most recent standards set by Australian authorities, thereby maintaining high standards of animal welfare and safety during transportation. The updated reference to the Standards necessitates that exporters, importers, and other relevant stakeholders are aware of and comply with these current guidelines.
Breach of the provisions set out in the Export Control (Animals) Amendment Order 2005 (No. 3) could lead to civil or criminal penalties. Although the specific penalties are not detailed in the Amendment Order itself, they would typically be prescribed under the Export Control Act 1982. For instance, non-compliance with export regulations could result in fines, legal action, or other enforcement measures as determined by the relevant authorities. The severity of penalties may depend on the nature and extent of the breach, with more serious violations potentially leading to criminal charges.