Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011

Overview

The Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011 was enacted to address concerns about the welfare of livestock during transport and slaughter practices in Indonesia. This Order was introduced under the authority of the Export Control Act 1982 and specifically authorised by regulation 3 of the Export Control (Orders) Regulations 1982. The Minister for Agriculture, Fisheries and Forestry issued this Order with the primary objective of suspending the export of livestock to Indonesia for six months. This suspension is intended to allow the Australian Government to establish a comprehensive regulatory and compliance framework to mitigate the issues associated with livestock slaughter in Indonesia. The Order incorporates the definition of livestock from the Australian Meat and Livestock Industry Act 1997, ensuring consistency and clarity in the application of the Order. Due to the urgency of the situation, detailed consultation with industry stakeholders was not feasible at the time of making this Order.

Scope and Application

The Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011 applies to any person or entity involved in the export of live-stock to the Republic of Indonesia, including but not limited to livestock producers, exporters, and relevant industry stakeholders. This Order operates under the authority of the Export Control Act 1982 and is specifically designed to address concerns about the conditions under which livestock are slaughtered in Indonesia. It has a national reach within Australia, impacting all states and territories equally. The suspension of livestock exports does not include those intended for breeding purposes, which are specifically exempted under the Order. The scope of the Order can be further defined or modified through subordinate instruments as authorised by the Export Control (Orders) Regulations 1982. This legislative action is intended to ensure that Australian livestock are not exposed to potentially harmful practices abroad while the government develops a comprehensive regulatory framework to protect animal welfare and public health.

Key Provisions

The Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011 (the Order) primarily addresses the suspension of livestock exports to Indonesia for a period of six months. Under Section 4 of the Order, the export of live-stock to Indonesia is prohibited, with an exception for livestock exported for breeding purposes (Section 4). This suspension aims to allow the Australian Government to develop and implement a comprehensive regulatory and compliance framework in response to concerns about the slaughter practices of livestock in Indonesia. Entities and individuals subject to the Order must adhere to the prohibition outlined in Section 4. This means that any person or entity involved in the export of livestock to Indonesia must refrain from doing so, except in cases where the livestock is being exported for breeding. The Order defines "live-stock" in accordance with the Australian Meat and Livestock Industry Act 1997 (Section 3). This definition is incorporated into the Order to ensure clarity and consistency in the application of the prohibition. The Order imposes significant obligations on those involved in livestock exports to Indonesia. They must ensure that they do not engage in any export activities that contravene the provisions of Section 4. Failure to comply with the Order can result in severe consequences. Under the Export Control Act 1982, breaches of the Order may be subject to penalties. The specific penalties are not detailed within the Order itself but would be in accordance with the general provisions of the Act, which can include fines and other civil or criminal sanctions. The precise nature and extent of these penalties would be determined by the relevant authorities in accordance with the applicable laws.