EXPLANATORY STATEMENT
Issued by the authority of the Minister for Agriculture, Fisheries and Forestry
Export Control (Orders) Regulations 1982
Export Control (Animals) Order 2004
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 Principal Order’) regulates the export of live animals (including live-stock) and animal reproductive material.
The purpose of the Export Control (Animals) Amendment Order 2006 (No.2) (‘the Amendment Order’) is to amend the definition contained in subsection 1.05(1) for ‘Australian Standards for the Export of Live-stock’.
The Australian Standards for the Export of Live-stock are developed by the Live-stock Exports Standards Advisory Committee which is convened by the Department of Agriculture Fisheries & Forestry and includes membership of the live aniaml export industry, state and territory government departments working with livestock industries, animal welfare representatives and other relevant experts.
No consultation has occurred because the amendment is of a minor or machinery nature and does not substantially alter existing arrangements.
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 2006 (No. 2).
Section 2
2. This section provides that the new Order commences on 18 September 2006.
Section 3
3. This section provides that Schedule 1 amends the Export Control (Animals) Order 2004.
Schedule 1 Amendment
Item 1
This item substitutes a new definition for ‘Australian Standards for the Export of Live-stock’. The new defintion is ‘the document of that name referred to in the Australian Meat and Live-stock Industry (Standards) Order 2005’.
The insertion of this new definition means that in future an amendment will not be required to both the Australian Meat and Live-stock Industry (Standards) Order 2005 and the Export Control (Animals) Order 2004 each time the Australian Standards for the Export of Live-stock are revised.