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.
Overview
The Export Control (Animals) Amendment Order 2006 (No.2) was introduced under the authority of the Minister for Agriculture, Fisheries and Forestry to amend the definition of 'Australian Standards for the Export of Livestock' in the Export Control (Animals) Order 2004. This legislative amendment was necessary to streamline the process of updating the standards, ensuring that only one document needs to be revised when changes occur, rather than updating two separate orders. The regulation was enacted to maintain consistency and efficiency in the standards governing the export of live animals and animal reproductive material in Australia. The Export Control (Animals) Order 2004 itself is part of the broader Export Control (Orders) Regulations 1982, which provide a framework for the export control regime in Australia, empowering the Minister to make orders necessary for the implementation of the Export Control Act 1982.
Scope and Application
The Export Control (Animals) Order 2004, as amended by the Export Control (Animals) Amendment Order 2006 (No. 2), governs the export of live animals, including livestock, and animal reproductive material, and applies to all persons and entities involved in the export of these items from Australia. This regulation operates within the jurisdictional reach of the Commonwealth of Australia, ensuring that exports comply with national standards. The purpose of the Amendment Order is to streamline the regulatory process by aligning the definition of 'Australian Standards for the Export of Live-stock' with those outlined in the Australian Meat and Livestock Industry (Standards) Order 2005, thereby eliminating the need for concurrent amendments to both orders whenever the standards are updated. This amendment does not alter the substantive requirements for exporters but aims to improve the efficiency and coherence of the regulatory framework. The legislative changes are considered minor and do not introduce new exclusions or exemptions beyond those already specified in the Export Control (Animals) Order 2004.
Key Provisions
The main operative sections of the Export Control (Animals) Amendment Order 2006 (No.2) are Sections 1 to 3. Section 1 names the Order, Section 2 provides the commencement date of 18 September 2006, and Section 3 details that Schedule 1 amends the Export Control (Animals) Order 2004. The most significant change introduced by this Order is found in Schedule 1, Item 1, which substitutes a new definition for ‘Australian Standards for the Export of Live-stock’. This new definition ties the standards to the document referenced in the Australian Meat and Livestock Industry (Standards) Order 2005, thereby streamlining the amendment process whenever these standards are revised.
The obligations imposed by the Amendment Order are primarily concerned with ensuring that the definition of ‘Australian Standards for the Export of Live-stock’ is consistently updated and aligned with the standards set out in the Australian Meat and Livestock Industry (Standards) Order 2005. This change is intended to avoid the need for separate amendments to both Orders, thereby ensuring that any updates to the livestock export standards are efficiently and effectively incorporated into the Export Control (Animals) Order 2004. By linking the definitions directly, the Amendment Order aims to reduce administrative burdens and improve the efficiency of compliance for entities involved in the export of live animals and animal reproductive material.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breach of the Export Control (Animals) Amendment Order 2006 (No.2). The focus of the Order is on the administrative streamlining of the amendment process for livestock export standards, rather than on imposing sanctions for non-compliance. However, entities involved in the export of live animals and animal reproductive material would still be subject to the broader regulatory framework established by the Export Control Act 1982 and the Export Control (Animals) Order 2004. Non-compliance with these broader regulations could lead to penalties and other legal consequences, as outlined in the primary legislation and its associated Orders.