EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Animals) Amendment Order 2005 (No. 4)
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 Export Control (Animals) Order 2004 (“the Order”) regulates the export of live animals (including live-stock) and animal reproductive material.
The purpose of the Export Control (Animals) Amendment Order 2005 (No.4) (“the Amendment Order”) is to address industry concerns for animal welfare arising from the unnecessary double-handling of live-stock to be exported by sea. The Amendment Order achieves this purpose by allowing, in certain circumstances, minor treatments required by an importing country to be given to live-stock at a later stage in the export process but before the live-stock commence boarding the ship.
Consultation began early in February 2005 with individual exporters and representatives from the Australian Livestock Exporters Council (ALEC). The amendment was also raised with the Secretary of the Department of Agriculture, Fisheries and Forestry at a meeting of the Western Australian Pastoralists and Graziers Association in Perth. Further consultations with industry representatives, exporters, accredited veterinarians and operators of registered premises have taken place at meetings convened by ALEC in Perth on 3 March and 14 April 2005, in Darwin on 13 April 2005 and Melbourne 18 May 2005.
The amendment was also discussed at the Australian Quarantine and Inspection Service (“AQIS”) Livestock Export Industry Consultative Committee meeting held on 19 May 2005. Representatives at that meeting included the Sheepmeat Council, Cattle Council, Meat and Livestock Australia, Australian Veterinary Association and National Animal Welfare Advisory Committee.
The Office of Regulation Review was consulted and advised that as the changes are of a minor and mechanical nature a Regulation Impact Statement is not required.
The Amendment Order is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Details of the Amendment Order are set out below:
Section 1
1. This section provides that the Amendment Order is named the Export Control (Animals) Amendment Order 2005 (No.4).
Section 2
2. This section provides that the new Order commences on the day after it is registered.
Section 3
3. This section provides that Schedule 1 amends the Export Control (Animals) Order2004.
Schedule 1 Amendments
Item 1
This item makes a stylistic change in anticipation of the insertion by the next item of a new paragraph after paragraph 2.53(2) (b).
Item 2
This item inserts a paragraph(c) into subsection 2.53(2) of the Order. Subsection 2.53(2) sets out what an authorised officer must and may do before issuing a health certificate for live-stock. The new paragraph allows an authorised officer to take into account any undertaking given by an exporter and accepted by an authorised officer under new subsection 2.54(3A) in the period before the issue of the health certificate. The purpose of this amendment is to allow the authorised officer to be assured that there will be no impediments to the issue of the health certificate at the normal time, that is, after the live-stock have been loaded for export.
Under the Order an authorised officer is required to prepare a health certificate as soon as possible after inspecting the live-stock. A health certificate certifies that all importing country requirements have been met. Usually, therefore, an authorised officer would not prepare a health certificate until he or she is satisfied that there is full compliance. However, this amendment enables an authorised to take into account any arrangements in place under new subsection 2.54(3A) to ensure that an outstanding importing country requirement will be met before the health certificate is issued. As a result, the authorised officer is able to prepare the health certificate with confidence that he or she will be able to issue the health certificate at the normal time.
Item 3
This item amends paragraph 2.54(3)(i) of the Order. Subsection 2.54(3) specifies the matters about which an authorised officer is to be satisfied before granting permission to leave for loading. A permission to leave for loading authorises the exporter to move live-stock from registered premises and load them on board the ship or aircraft on which they are to be exported. Paragraph 2.54(3)(i) specifies one of the matters about which an authorised officer is to be satisfied before granting a permission to leave for loading, namely, that the importing country requirements in relation to the export have been complied with.
This item amends paragraph 2.54(3) (i) by inserting the phrase “subject to subsection (3A)”. The effect of this item is to allow an authorised officer to grant a permission to leave for loading even though an importing country requirement for a treatment has not been complied with if the authorised officer has accepted an undertaking from the exporter to give the required treatment at a later stage under new subsection 2.54(3A). Subsection 2.54(3A) is dealt with in the next item
Item 4
This item inserts new subsection 2.54(3A). Section 2.54 deals with the grant of permission to leave for loading and specifies the matters about which an authorised officer must be satisfied before granting the permission. A permission to leave for loading authorises an exporter to move live-stock from the registered premises at which they have been held and assembled to load them on board the ship or aircraft on which they are to be exported.
Formerly, one of the matters about which an authorised officer had to be satisfied before granting a permission to leave for loading was that all importing country requirements had been complied with, including all treatments required by the importing country.
As a result, even if a treatment required by an importing country could be applied at any time before the live-stock commenced boarding the ship, such as pour-on parasiticide, the treatment had to be completed before an authorised officer could grant a permission for the live-stock to leave the registered premises for loading on the ship. This meant that on some occasions live-stock were put through the race twice within a short time-frame; once for the treatment and again when leaving the registered premises after the permission to leave for loading was granted. This double-handling was stressful for the live-stock.
New subsection (3A) addresses this animal welfare concern by providing the authorised officer with flexibility in appropriate cases while still ensuring that the importing country requirement for treatment is complied with. This item allows an authorised officer, in certain circumstances, to grant a permission to leave for loading even if all importing country treatment requirements for treatment have not been complied with on the basis that the treatment will be given before the live-stock commence boarding the ship for the export voyage. The circumstances are that the outstanding treatment is minor in nature; the treatment can be given after the permission to leave for loading is granted but before the live-stock commence boarding the ship; the exporter undertakes to give the required treatment before the live-stock commence boarding the ship; and in the circumstances it is reasonable for the authorised officer to accept the undertaking.