Export Control (Animals) Amendment Orders 1999 (No. 1)

Overview

The Export Control (Animals) Amendment Orders 1999 (No. 1) were introduced to address a gap in the regulatory framework concerning the export of animals in Australia. Enacted by the Minister for Agriculture, Fisheries and Forestry, these orders were made under the Export Control (Orders) Regulations and are intended to ensure compliance with other relevant Commonwealth laws that require permits or licenses for the export of animals. The primary objective of these amendments is to align the export control regulations with other legislative requirements, such as those under the Australian Meat and Livestock Industry Act 1997 and the Wildlife Protection (Regulation of Exports and Imports) Act 1982, ensuring that all necessary permits and licenses are obtained before the export of animals takes place. These orders aim to provide a comprehensive and integrated approach to the regulation of animal exports, thereby protecting animal welfare and maintaining the integrity of Australia’s export processes.

Scope and Application

The Export Control (Animals) Amendment Orders 1999 (No. 1) apply to individuals or entities involved in the export of animals within Australia. These orders amend the Export Control (Animals) Orders, affecting those who intend to export animals or consignments of animals, as well as authorities involved in regulating such exports. Geographically, the scope of these orders is national, as they pertain to the entire Commonwealth of Australia. The orders specifically focus on the regulatory requirements surrounding the export of animals, ensuring compliance with relevant licensing and permit conditions stipulated by other Commonwealth laws such as the Australian Meat and Livestock Industry Act 1997 and the Wildlife Protection (Regulation of Exports and Imports) Act 1982. Additionally, the orders address instances where an export might be prohibited or subject to specific obligations imposed by authorities. The amendments extend the application of the Export Control (Animals) Orders by clarifying the conditions under which exports can be authorised, including the necessity of holding appropriate licenses or permits and adherence to any imposed obligations or prohibitions.

Key Provisions

The Export Control (Animals) Amendment Orders 1999 (No. 1) (the "Orders") are made under regulation 3 of the Export Control (Orders) Regulations and include amendments to the Export Control (Animals) Orders. The Orders are named and, in line with their nature, they commence on the date of their gazettal. The primary amendment, found in Schedule 1, modifies certain provisions of the Export Control (Animals) Orders, specifically paragraphs 8(f) and (g). This amendment introduces additional criteria that must be satisfied before an animal or consignment of animals can be exported. Under the new provisions, an individual or entity intending to export animals must ensure they hold any required licences or permits as stipulated by other Commonwealth laws (paragraph 8(f)). For example, a live-animal export licence is necessary under the Australian Meat and Livestock Industry Act 1997 for the export of livestock, and a permit is required under the Wildlife Protection (Regulation of Exports and Imports) Act 1982 for the export of live Australian native animals. Additionally, the amendment requires that no person or authority, including the Secretary, has issued an order or direction prohibiting the export (paragraph 8(g)). If such an order or direction has been issued, it must be complied with (paragraph 8(h)). This includes directions under the Australian Meat and Livestock Industry Act 1997. The obligations imposed by these Orders on the parties or entities they govern are multifaceted. Firstly, they must ensure compliance with any specific export licensing or permitting requirements stipulated by relevant Commonwealth laws. Secondly, they must verify that no prohibitions have been issued by any person or authority, including the Secretary, that would prevent the export. If any prohibitions exist, they must be addressed and resolved to facilitate the export. Breaches of the requirements stipulated in these Orders can have significant consequences. While the Orders themselves do not explicitly state penalties, non-compliance with related Commonwealth laws, such as the Australian Meat and Livestock Industry Act 1997 or the Wildlife Protection (Regulation of Exports and Imports) Act 1982, can lead to substantial fines and other penalties. For instance, under the Australian Meat and Livestock Industry Act 1997, offences related to the export of livestock without the required licence can incur fines up to $22,000 for individuals and $110,000 for corporations, as well as potential criminal penalties. Similarly, violations under the Wildlife Protection (Regulation of Exports and Imports) Act 1982 can result in fines and imprisonment. Therefore, adherence to these Orders is critical to avoid these severe consequences.